CHAPTER 191

ACT to amend and reenact §§ 5, 6, 10,11, 18, 20, 21, 31, 88, 40,
41, 42, 44, 45, 50, 51, 60, 66 and 67 of Chapter 3 of the Acts
of Assembly of 1948, approved February 11, 1948, which
provided a new charter for the city of Waynesboro, the
sections relating, respectively, to powers of the city; zon-
ing; disqualification for office; regulation of meetings of
the council; appointment of certain officials; appointment,
term of office and removal of city manager; powers and
duties of city manager; election, terms of office, powers and
duties, and compensation of certain officers of the city;
the annual budget; sinking fund; bond issues; appropria-
tion ordinance and levy of taxes; unencumbered balances
in treasury; how claims against the city are paid; how
special assessments made; audit of accounts of city officers;
conducting of investigations by the council; planning for
future development for the city; and powers of city police-
men; and to repeal §§ 22, 39 and 46 of such act relating,
respectively, to assigning of administrative duties by the
council; contracts for public improvements and certain limi-
tations on contracts, agreements or other obligations.

Approved March 14, 1950

Be it enacted by the General Assembly of Virginia:

That sections five, six, ten, eleven, thirteen, twenty, twenty-
thirty-one, thirty-eight, forty, forty-one, forty-two, forty-
, forty-five, fifty, fifty-one, sixty, sixty-six and sixty-seven
hapter three of the Acts of Assembly of nineteen hundred
y-eight, approved February eleven, nineteen hundred forty-
t, be amended and reenacted as follows:

§ 5. Powers of the city of Waynesboro.—In addition to
powers mentioned in section three hereof, the said city of
mesboro shall have the following powers:

First. To raise annually by taxes and assessments in said
such sums of money as the council thereof shall deem neces-
for the purposes of the said city, and in such manner as
said council shall deem expedient, in accordance with the Con-
stitution of this State and of the United States; provided, how-
ever, that it shall impose no tax on the bonds of said city.

Second. To impose special or local assessments for local
improvements and enforce payment thereof, subject, however,
to such limitations prescribed by the Constitution of Virginia,
as may be in force at the time of the imposition of such special
or local assessments.

In addition to the other powers conferred by law, the city
shall have power to impose, levy and collect, in such manner as
its Council shall deem expedient, a consumer or subscriber tax
upon the amount paid for the use within the city of water, elec-
tricity, gas, telephone and other public utility service or upon
the amount paid for any one or more of such public utility serv-
ices, used within the city and the Council may provide that such
tax shall be added to and collected with bills rendered consumers
for such services.

Third. To contract debts, borrow money and make and
issue evidence of indebtedness.

Fourth. To expend the money of the city for all lawful
purposes.

Fifth. To acquire by purchase, gift, devise, condemnation,
or otherwise, property, real and personal, or any estate or inter-
est therein, within or without the city or State and for any of
the purposes of the city; and to hold, improve, sell, lease, mort-
gage or pledge the same or any part thereof, including any
property now owned by the city, except that school property *
and water works cannot be sold or encumbered unless it is sub-
mitted to a vote of the people; however, the said city may
acquire property, real and personal, without a vote of the people
whether or not the same is to be fully paid for in the current
year. The Council may issue purchase money obligations with-
out a vote of the people provided that such obligations shall not
be general obligations of the City of Waynesboro, but shall be
secured solely by the property purchased: and such obligations
as may be from time to time issued for the purchase of prop-
erty shall clearly show that such obligations are not general
obligations of the city, but are secured only as herein provided,
provided that nothing herein contained is contrary to or incon-
sistent with the Constitution of Virginia.

Sixth. To acquire, in any lawful manner, for the purpose
of encouraging commerce, manufacture, education, and the
building of homes, lands within and without the city, not exceed-
ing at any one time one thousand acres in the aggregate, and
from time to time to sell, dispose of, lease, or donate the same
or any part thereof for commercial, industrial, educational, or
residential uses and purposes, including any land now owned
by the city, and including the power to donate any land now or
hereafter owned by the city for hospital purposes.

Seventh. To make and adopt a comprehensive plan for the
city, and to that end all plats and re-plats subdividing any land
within the city or within * three miles of the corporate limits
thereof, into streets, alleys, roads, and lots or tracts shall be
submitted to and approved by the council before such plats or
re-plats are filed for record or recorded in the office of the clerk
of the * court of the respective political subdivision in which the
property in question is located.

Eighth. To construct, maintain, regulate and operate
public improvements of all kinds, including municipal and other
buildings, armories, comfort stations, markets, and all buildings
and structures necessary or appropriate for the use and proper
operation of the various departments of the city; and to acquire
by condemnation or otherwise all land, riparian and other rights
and easements necessary for such improvements, or any of them.

Ninth. To own, operate and maintain water works and to
acquire in any lawful manner in any county of the State such
water, lands, property rights and riparian rights as the council
of said city may deem necessary for the purpose of providing
an adequate water supply for said city and of piping or con-
ducting the same; to lay all necessary mains; and service lines,
either within or without the corporate limits of the said city,
and to charge and collect water rents therefor; to erect and
maintain all necessary dams, pumping stations and other works
in connection therewith; to make reasonable rules and regula-
tions for promoting the purity of its said water supply and for
protecting the same from pollution; and for this purpose to
exercise full police powers and sanitary patrol over all lands
comprised within the limits of the watershed tributary to any
such water supply whenever such lands may be located in this
State; to impose and enforce adequate penalties for the violation
of any such rules and regulations, and to prevent by injunction
any pollution or threatened pollution of such water supply and
any and all acts likely to impair the purity thereof; and for the
purpose of acquiring lands, interest in lands, property rights
and riparian rights or materials for any such use to exercise
within the State all powers of eminent domain provided by the
laws of this State. For any of the purposes aforesaid said city
may, if the council shall so determine, acquire by condemnation,
purchase or otherwise, any estate or interest in such lands or
any of them in fee.

Tenth. To own, operate, and maintain electric light and
gas works, either within or without the corporate limits of
said city for the generating of electricity and the manufacture
of gas for illuminating, power and other purposes, and to sup-
ply the same, whether said gas and electricity be generated or
purchased by said city, to its customers and consumers both
within and without the corporate limits of the said city, at such
price and upon such terms as it may prescribe, and to that end
it may contract with owners of land and water power for the
use thereof, or may have the same condemned, and to purchase
such electricity and gas from the owners thereof, and to fur-
nish the same to its customers and consumers, both within and
without the corporate limits of the said city at such price and
on such terms as it may prescribe.

Eleventh. To establish, impose, and enforce water, and
light and sewerage rates, and rates and charges for public utili-
ties, or other service, products, or conveniences, operated, ren-
dered or furnished by the city; and to assess, or to cause to be
assessed, water, light and sewerage rates and charges directly
against the owner or owners of the buildings, or against the
proper tenant or tenants; and in event such rates and charges
shall be assessed against a tenant, then the said council may
by an ordinance, require of such tenant a deposit of such reason-
able amount as may be by such ordinance prescribed before
furnishing such services to such tenant.

Twelfth. To establish, open, widen, extend, grade, im-
prove, construct, maintain, light, sprinkle and clean public
highways, streets, alleys, boulevards and parkways, and to alter
or vacate the same; to establish and maintain parks, play-
grounds, and other public grounds; to construct, maintain and
operate bridges, viaducts, subways, tunnels, sewers and drains,
and to regulate the use of all such highways, parks, public
grounds and works; to plant and maintain or remove shade
trees along the streets and upon such public grounds; to pre-
vent the obstruction of such streets and highways, abolish and
prevent grade crossings over the same by railroads in the man-
ner prescribed by general law for the elimination of grade
crossings; to require any railroad company operating a railroad
at the place where any highway or street is crossed within the
city limits to erect and maintain at such crossing any style of
gate deemed proper and keep a man in charge thereof, or keep
a flagman at such crossing, during such hours as the council may
require; and to regulate the length of time such crossings may
be closed due to any operations of the railroads; to regulate the
operations, weight of load, and speed of all cars and vehicles
using the same; as well as the operation and speed of all en-
gines, cars and trains, or railroads within the city; to regulate,
limit, restrict, and control the services to be rendered, includ-
ing route traversed, and rates charged by buses, motor cars,
cabs and other vehicles for the carrying of passengers and prop-
erty; to permit railroads to be built in the streets and alleys,
and to determine and designate the route and grade thereof ; and
to specify and require the proper construction and maintenance
of the streets between the rails and on either side thereof for
such distancs as such streets may be affected by the construction,
operation, repair or maintenance of such railroads, and to re-
quire the reconstruction of so much of said streets as may be
damaged by the removal of such railroads; to permit or prohibit
poles and wires for electric, telephone and telegraph purposes
to be erected and gas pipes to be laid in the streets and alleys
and to prescribe and collect an annual charge for such privileges,
heretofore or hereafter granted; to require the owner or lessees
of any electric light, telephone or telegraph pole or poles or
wires now in use or hereafter used, to be placed in conduits
underground and prescribe rules and regulations for the con-
struction and use of such conduits; to open, lay out, and improve
new streets across the track or tracks, yard or yards, of any
railroad in the city, and any such new or existing street or
streets may cross any such track or tracks, yard or yards, of
any railroads in the city, in the discretion of the council, either
at grade, or pass above or below any such existing structure or
structures; provided, that after due notice to such railroad
company and full opportunity to be heard and after the council
shall have decided whether such crossing shall be made at grade,
or pass above or below any such existing structure or struc-
tures, the plans and specifications for such crossing as the
council shall have determined upon, shall be submitted to the
principal agent of such railroad company in the city and in the
event the city and railroad company cannot within sixty days
thereafter agree upon such plans and specifications, or cannot
agree in regard to the division of the cost of constructing such
crossing, then the city shall submit such plans and specifications
to the State Corporation Commission, and the State Corporation
Commission, after reasonable notice to such railroad company
and after hearing such evidence as either party may adduce,
shall approve, or revise and approve, the plans for such cross-
ing as the council shall have determined shall be made, or sub-
stitute such other plans or character of crossing, whether at
grade, overhead or underpass, as the State Corporation Com-
mission may deem proper under all the facts, circumstances and
conditions in the case the said improvement shall be made by
the corporation whose track is to be crossed and the expense
thereof shall be borne equally by the said corporation and the
city, and after such crossing shall have been constructed, it
shall be maintained, within the limits of the railroad right-of-
way, by such railroad company or by the lessee thereof; and to
do all other things whatsoever adapted to make said streets
and highways safe, convenient and attractive.
Twelve and one-half. To acquire by gift, purchase, ex-
change, or by the exercise of the power of eminent domain with-
in the State, lands, and any interest or estate in lands, rock quar-
ries, gravel pits, water and water rights and the necessary road-
ways thereto, either within or without the city, and acquire and
install machinery and equipment and build the necessary roads
or tramroads thereto, and operate the same for the purpose of
producing materials required for the construction, repair and
maintenance of streets, highways, sidewalks, water works, reser-
voirs, sewers, electric lights, public buildings and any and all
public purposes; and to acquire by gift, purchase, exchange, or
by the exercise of the power of eminent domain within the State,
lands and machinery and equipment, and build and operate a
plant or plants for the preparation and mixing of materials for
the construction of improved streets and other public improve-
ments, and the maintenance and repair thereof, and to build and
operate coal tipples and yards in connection therewith.

Thirteen. To establish, construct and maintain sanitary
sewers, sewer lines and systems, and to require the abutting
property owners to connect therewith and to establish, con-
struct, maintain and operate sewerage disposal plants, and to
acquire by condemnation or otherwise within or without the
city, all lands, rights of way, riparian and other rights and ease-
ments necessary for the purposes aforesaid, and to charge,
assess, and collect reasonable fees, rentals or assessments or
costs of service for connecting with and using the same.

Fourteen. In connection with the system of sewerage, the
city may continue to use the south branch of the Shenandoah
river as heretofore.

Fifteen. Subject to the provisions of the Constitution of
Virginia and of this charter to grant franchises for public
utilities.

Sixteen. To collect and dispose of sewerage, offal, ashes,
garbage, carcasses of dead animals, and other refuse, and to
make reasonable charges therefor; and to acquire and operate
reduction or any other plants for the utilization or destruction
of such materials, or any of them; to contract for and regulate
the collection and disposal thereof, and to require and regulate
the collection and disposal thereof.

Seventeen. To compel the abatement and removal of :all
nuisances within the city or upon the property owned by the
city beyond its limits at the expense of the person or persons
causing the same, or of the owner or occupant of the ground or
premises whereon the same may be, and to collect said expense
by suit or motion * or by distress and sale; to require all lands,
lots and other premises within the city 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 offensive business within the said city, the
keeping of hogs or other animals, poultry or other fowl] therein,
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 city; to compel the abate-
ment of smoke and dust, and prevent unnecessary noise; to
regulate the location of stables and the manner in which they
shall be kept and constructed; to regulate the location, con-
struction and operation and maintenance of billboards and gen-
erally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience
and welfare of the inhabitants of the city; and to require all
owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary, and free from all
weeds, filth, unsightly deposits, ice or snow.

Eighteen. To inspect, test, measure, and weigh any com-
modity or article of consumption for use within the city and to
establish, regulate, license, and inspect weights, meters, meas-
ures and scales.

Nineteen. To extinguish and prevent fires and to compel
citizens to render assistance to the fire department in case of
need, and to establish, regulate and control a fire department or
division, to regulate the size, height, materials and constructions
of buildings, fences, walls, retaining walls and other structures
hereafter erected in such manner as the public safety and con-
venience may require; to remove or require to be removed or
reconstructed any building, 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; to establish and designate from
time to time fire limits, within which limits wooden buildings
shall not be constructed, removed, added to, enlarged, or re-
paired, and to direct any or all future buildings within such
limits shall be constructed of stone, natural or artificial, con-
crete, brick, iron or other fireproof material; and may enact
stringent and efficient laws for securing the safety of persons
from fires in halls and buildings used for public assemblies,
entertainments or amusements.

Twenty. To charge and to collect fees for permits to use
public facilities and for public service and privileges.

Twenty-first. To prevent any person having no visible
means of support, paupers and persons who may be dangerous
to the peace and safety of the city, from coming to said city from
without the same; and for this purpose to require the owner of
any conveyance other than a common carrier bringing such per-
son to the city to take such person back to the place whence he
was brought, or enter into bond with satisfactory security that
such person shall not become a charge upon said city within one
year from the date of his arrival; and also to expel therefrom
any such person who has been in said city less than six months;
also to expel from the city all persons found dangerous to the
peace, safety and welfare of the city, or any person who may be
advocating the overthrow of the Federal, State or municipal gov-
ernment by force or violence or inciting the people or any of
them, to riot, or any unlawful effort against the social, govern-
mental, industrial, education or moral welfare of the people.

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

Twenty-third. To provide in or near the city lands to be
used as burial places for the dead; to improve and care for the
same and the approaches thereto, and to charge for and regulate
the use of ground therein; and to provide for the perpetual up-
keep and care of any plot or burial lot therein, the city is au-
thorized to take and receive sums of money by gift, bequest, or
otherwise, to be kept invested, and the income thereof used in
and about the perpetual upkeep and care of the said lot or
plat, for which the said donation, gift, or bequest shall have
been made.

Twenty-four. To accept and receive, unconditionally or
upon conditions, ahsolutely or in trust, gifts, grants, bequests and
devises of any kind of property, real or personal, for educa-
tional, charitable or other public purposes; and to do all the
things and acts necessary to carry out the purposes of such gifts,
grants, bequests, and devises, with power to manage, maintain,
operate, sell, lease, or otherwise handle or dispose of the same,
in accordance with the terms and conditions of such gifts, grants,
bequests and devises.

Twenty-fifth. To acquire by purehase, gift, devise or con-
demnation property adjoining its parks, or lots on which its
monuments are located, or other property used for public pur-
poses, or in the vicinity of such parks, plats or property which
is used and maintained in such a manner as to impair the
beauty, usefulness, or efficiency of such parks, plats of public
property, and may likewise acquire property adjacent to any
street, the topography of which, from its proximity thereto,
impairs the convenient use of such street, or renders imprac-
ticable, without extraordinary expense, the improvement of the
same, and the city may subsequently dispose of the property so
acquired, making limitations as to the use thereof, which will
protect the beauty, usefulness, efficiency or convenience of such
parks, plats and property.

And when the city proposes to open or widen a street, or
change the channel of a creek, by taking any part of a block or
square in such manner that the value of the property abutting
the proposed street or creek would be injuriously affected, un-
less the property on such block or square is replatted and the
property line or lines readjusted, then and in that event the city
at the same time it acquires the land for said street or creek
channel, may in its discretion, also acquire by purchase, gift,
condemnation, or otherwise, all or any part of the property on
such squares or block and may subsequently replat and dispose
of the property so acquired in whole or in part, making such
limitations as to the uses thereof as it may see fit.

Twenty-sixth. To exercise full police powers and establish
and maintain a department or division of police.

Twenty-seventh. To restrain and punish drunkards,
vagrants and street beggars; to prevent vice and immorality ; to
preserve the peace and good order; to prevent and quell riots,
disturbances and disorderly assemblages; to suppress houses
of ill-fame and gambling houses; to prevent and punish lewd, in-
decent and disorderly exhibitions in said city; and to expel
therefrom persons guilty of such conduct who have not resided
therein as much as one year.

Twenty-eighth. To license and regulate the holding and
location of shows, circuses, public exhibitions, carnivals and
similar shows or fairs, or prohibit the holding of the same or
any of them within the city, or within one mile thereof.
Twenty-ninth. To make and enforce ordinances similar
to the laws of the State.

Thirty. To establish, maintain and operate a market or
markets in and for said city; to prescribe the times and places
for holding the same; and to make and enforce such regulations
as shall be necessary to prevent huckstering, forestalling or
regrating.

Thirty-first. To provide for the development of power and
light and the distribution and sale of same, and to construct,
own, maintain and operate facilities necessary thereto, and to
acquire by condemnation or otherwise, within or without the
city, land, interests in land, water, power sites, easements, prop-
erty, and property rights necessary for such purpose.

Thirty-second. To do all things whatsoever necessary or
expedient for promoting or maintaining the general welfare,
comfort, education, morals, peace, government, health, trade,
commerce, or industries of the city; or its inhabitants.

Thirty-third. To prescribe any penalty for the violation
of any city ordinance, rule or regulation or of any provisions
of this charter, not exceeding five hundred dollars or twelve
months’ imprisonment in jail or both.

Thirty-fourth. To prohibit and punish for mischievous,
wanton or malicious damage to school and public property as
well as private property. .

Thirty-fifth. To prohibit and punish minors from fre-
quenting, playing in or loitering in any public poolroom, billiard
parlor or tenpin or bowling alley and to punish any proprietor
or agent thereof for permitting same.

Thirty-sixth. To pass and enforce all by-laws, rules, regu-
lations and ordinances which it may deem necessary for the
good order and government of the city, the management of its
property, the conduct of its affairs, the peace, comfort, conven-
ience, order, morals, health and protection of its citizens or their
property, and to do such other things and pass such other laws
as may be necessary or proper to carry into full effect and
power, authority, capacity, or jurisdiction, which is or shall be
granted to or vested in said city, or in the council, court or
officers thereof, or which may be necessarily incident to a
municipal corporation.

The City of Waynesboro may maintain a suit to restrain
by injunction the violation of any ordinance, notwithstanding
punishment may be provided for the violation of such
ordinance.

§ 6. (1) That for the promotion of health, safety, morals,
comfort, prosperity, or general welfare of the general public,
the council or other governing body of the city may, by ordi-
nance, divide the area of the city into one or more districts of
such shape and area as may be deemed best suited to carry out
the purposes of this act, and in such district or districts may
establish, set back building lines, regulate and restrict the loca-
tion, erection, construction, reconstruction, alteration, repair or
use of buildings and other structures, their heights, area and
bulk, and percentage of lot to be occupied by buildings or other
structures, the size of yards, courts and other open spaces, and
the trade, industry, residence and other specific uses of the
premises in such district or districts.

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

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

(4) The council of said city shall provide for the manner
in which such regulations and restrictions and the boundaries
of such districts shall be determined, established and enforced
and from time to time amended, supplemented or changed. How-
ever, no such regulation, restriction or boundary shall become
effective until after a public hearing in relation thereto at which
parties in interest and citizens shall have an opportunity to be
heard. At least fifteen days’ notice of the time and place of
such hearing shall be published in an official paper, or a paper
of general * circulation, in said city; provided, however, that in
said city in which each proposed change in, or amendment or
supplement to, any such regulation, restriction or boundary shall
be first referred by the council to the board of zoning appeals or
planning commission for a report and recommendation and in
which such board or commission makes such report and recom-
mendation to the council after a public hearing in relation there-
to held by the board or commission pursuant to prior notice
published five days in an official paper or paper of general cir-
culation, in said city, the public hearing by the council in rela-
tion to such change, amendment or supplement may be held
after at least ten days’ notice of the time and place of such
hearing published in an official paper, or a paper of general
circulation, in said city.
(5) Such regulations, restrictions and boundaries may
from time to time be amended, supplemented, changed, modified
or repealed. In case, however, of a protest against such change
signed by the owners of twenty per centum or more either of
the area of the lots included in such proposed change, or of
those immediately adjacent in the rear thereof or of those
directly opposite thereto, such amendment shall not become
effective except by the favorable vote of three-fourths of all the
members of the council or other governing body of the city.
The provisions of the previous sub-section relative to public
hearings and official notice shall apply equally to all changes
or amendments.

(6) In order to avail itself of the powers conferred by this
act the corporation court of the City of Waynesboro shall appoint
a commission to be known as the zoning commission to recom-
mend the boundaries of the various original districts and appro-
priate regulations to be enforced therein. Such commission
shall submit its final report, and such council or other governing
body shall not hold its public hearings or take action until it has
received the final report of such commission. Where a city plan
commission already exists, it may be appointed as the zoning
commission.

Such corporation court of the City of Waynesboro may
provide for the appointment of a board.of zoning appeals, and
in the regulations and restrictions adopted pursuant to the
authority of this act may provide that the said board of zoning
appeals may, in appropriate cases and subject to appropriate
conditions and safeguards vary the application of the terms of
the ordinance in harmony with its general purpose and intent
and in accordance with general or specific rules therein con-
tained.

(7) The board of zoning appeals shall consist of five mem-
bers each to be appointed for a term of three years and remov-
able for cause by the appointing authority, upon written charges
and after public hearing. Vacancies shall be filled for the unex-
pired term of any member whose term becomes vacant.

(8) The board shall adopt rules in accordance with the
provisions of any ordinance adopted pursuant to this act. Meet-
ings of the board shall be held at the call of the chairman and
at such other times as the board may determine. Such chairman,
or in his absence, the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the
board shall be open to the public. The board shall keep minutes
of its preceedings, showing the vote of each member upon each
question, or if absent or failing to vote, indicating such fact,
and shall keep records of its examinations and other officia]
actions, all of which shall be immediately filed in the offices of
the board and shall be a public record.

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

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

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

(12) The board of zoning appeals shall have the following
powers:

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

To hear and decide special exceptions to the terms of
the ordinance upon which such board is required to pass under
such ordinance;

ec. To authorize upon appeal in special cases such variance
from the terms of the ordinance as will not be contrary to the
public interest, where owing to special conditions a literal en-
forcement of the provisions of the ordinances will result in un-
necessary hardship, and so that the spirit of the ordinance
shall be observed and substantial justice done.

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

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

(15) Any person or persons, jointly or severally aggrieved
by any decision of the board of zoning appeals, or any taxpayer,
or officer, department, board or bureau of the municipality,
may present to * the Corporation Court of the City of Waynes-
boro, Virginia, a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of
the illegality. Such petition shall be presented to the court with-
mn thirty days after the filing of the decision in the office of the

oard.

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

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

(18) If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take such
evidence as it may direct and report the same to the court with
its findings of fact and conclusions of law, which shall consti-
tute a part of the proceedings upon which the determination of
the court shall be made. The court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review.

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

(20) All issues in any proceedings under this section shall
have preference over all other civil actions and proceedings.
(21) In case any building or structure is erected, con-
structed, altered, repaired or converted; or any building, struc-
ture or land is used in violation of this section or of any ordi-
nance or other regulation made under authority conferred here-
by, the proper local authorities of the city, in addition to other
remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.

(22) Said regulations shall be enforced by the division of
building inspection which is empowered to cause any building,
structure, place or premises to be inspected and examined and
to order in writing the remedying of any condition found to
exist therein or thereat in violation of any provision of the regu-
lations made under authority of this or the preceding paragraph.
The owner or general agent of a building or premises where a
violation of any provision of said regulations has been com-
mitted or shall exist, or the lessee or tenant of an entire build-
ing or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee or tenant of any
part of the building or premises in which such violation has beer,
committed or shall exist, or the general agent, architect, builder,
contractor or any other person who commits, takes part or as-
sists in any such violation or who maintains any building or
premises in which any such violation shall exist shall be guilty
of a misdemeanor, punishable by a fine of not less than ten
dollars and not more than one hundred dollars, if the offense be
not wilful, or not more than two hundred and fifty dollars, if
the offense be wilful, and in every case, ten dollars for each
day after the first day that such violation shall continue. In any
case of the existence of a violation of any provision of said regu-
lations, the owner, lessee, tenant or agent shall be subject to a
civil penalty of fifty dollars. Any such person who having been
served with an order to remove any such violation, shall fail
to comply with said order within ten days after such service or
shall continue to violate any provisions of the said regulations in
the respect named in such order shall also be subject to a civil
penalty of two hundred and fifty dollars.

(23) Wherever the regulations made under authority of
this section require a greater width or size of yards, courts or
other open spaces or require a lower height of building of less
number of stories, or require a greater percenatge of lot to be
left unoccupied, or impose other higher standards than are re-
quired in any other statute or local ordinance or regulation, the
provisions of the regulations made under authority of this sec-
tion shall govern. Wherever the provisions of any other statute
or local ordinance or regulation require a greater width or size
of yards, courts, or other open spaces, or require a lower height
of buildings or a less number of stories, or require a greater per-
centage of lot to be left unoccupied, or impose other higher
standards than are required by the regulations made under
authority of this section, the provisions of such statute, or
local ordinance or regulation shall govern.

Provided nothing in this section contained shall be con-
strued as intended to authorize the impairment of any vested
right.

§ 10. Limitations on powers and disqualifications.— (a)
Any member of the council who shall have been convicted of a
felony while in office shall thereby forfeit his office.

(b) No member of the council or other officer shall be
interested directly or indirectly in the profits of any contract or
work, or be financially interested, directly or indirectly, in
the sale to the city of any land, materials, supplies, or services
(other than official services). Any member of the council or
any other officer of the city offending against the provisions of
this subsection, shall upon conviction thereof, be fined not more
than five hundred dollars or be imprisoned not more than ninety
days, or both, in the discretion of the court, and shall forfeit
his office. The prohibitions of this subsection shall not apply if
the council shall declare by unanimous vote of the members
thereof that the best interests of the city are to be served despite
a personal interest direct or indirect.

(c) Except for the purpose of inquiry, the council and its
members shall deal with the administrative service solely through
the city manager, and neither the council nor any member there-
of shall give orders to any of the subordinates of the city man-
ager, either publicly or privately. Any such orders or other
interferences on the part of the council or any of its members
with subordinates or appointees of the city manager, instead of
dealing with or communicating direct with the city manager,
are prohibited.

§ 11. Organization rules of the council. (a) At nine o’clock
ante meridian on the first day of September following a regular
municipal election, or if such day be a Sunday, then on the day
following, the council shall meet at the usual place for holding
the meetings of the legislative board of the city, at which time
the newly-elected councilmen, after first having taken oaths
prescribed by law, shall assume the duties of their office. There-
after the council shall meet at such times as may he pre-
scribed by ordinance or resolution, except that they shall regu-
larly meet not less than once each month. The mayor, any mem-
ber of the council, or the city manager may call special meet-
ings of the council, at any time (at least twelve hours), written
notice, with the purpose of said meeting stated therein, to each
member served personally or left at his usual place of business
or residence, or such meeting may be held at any time without
notice, provided * four-fifths of the members of the council
attend. No business other than that mentioned in the call shall
be considered at such meeting except upon the consent of four-
fifths of the members of the council.

(b) All meetings of the council shall be public except by
unanimous consent of all members of council present or when
otherwise ordered by the council. Any citizen may have access
to the minutes and records thereof at all reasonable times.

(c) The council shall elect one of its members as chairman,
who shall be ex-officio mayor. * *

The council may appoint all such other boards and com-
missions as may be deemed proper, and prescribe the powers
and duties thereof. The council may determine its own rules of
procedure, may punish its own members for misconduct and
may compel attendance of members. It shall keep a journal of
its proceedings. A majority of all members of the council shall
constitute a quorum to do business, but no resolution nor ordi-
nance shall be adopted except by affirmative vote of a majority
of all members elected to the council, but a smaller number may
adjourn from time to time, and compel the attendance of absen-
tees. All elections by the council shall be viva voce and the vote
recorded in the journal of the council.

§ 13. Appointments or elections.—On the first day of Sep-
tember following the regular municipal election and organiza-
tion of the council, or as soon thereafter as may be practicable,
the council shall elect a city manager, city clerk, city attorney,
city collector, city auditor, and such other officers as may come
within their jurisdiction, each of whom shall serve at the pleas-
ure of the council; provided that the council may elect the city
clerk, city manager, city attorney, city collector, city auditor for
terms of one year each, beginning September first, subject to
removal by the council for cause, and in no event shall the
council elect any officer for a term extending beyond the thirty-
first day of August next succeeding each regular quadrennial
municipal election for members of the council.

General provisions.—The administrative and execu-
tive powers of the city, including the power of appointment of
officers and employees, are vested in an official to be known as
the city manager, who shall be appointed by the council at its
first meeting, or as soon thereafter as practicable, for a term of
not exceeding * one year unless sooner removed by the council
upon proven charges preferred for malfeasance or misfeasance,
neglect of duty or incompetency. He shall receive such compen-
sation as shall be fixed by the council by ordinance and shall
devote his entire time to the business of the city.

§ 21. Powers and duties of the city manager.—The city
manager shall be responsible to the council for the proper
administration of all affairs of the city coming within his juris-
diction under this charter, the general law or the ordinances or
resolutions of the council. He shall have power and it shall be
his duty:

a. To see that all laws and ordinances are enforced.

b. To see that such city officers and employees as the council
shall determine are necessary for the proper administration of
the city be appointed, and may be removed by the city manager,
except those in the financial, legal and judicial departments, and
the clerical and other attendants of the council; but the city
manager shall report each appointment and removal to the
ccuncil at the next meeting thereof following any such appoint-
ment or removal; to see that all terms and conditions imposed
in favor of the city or its inhabitants in any public utility fran-
chise or any contract are faithfully kept and performed; upon
knowledge of any violation thereof to call the attention of the
same to the council, whose duty it shall be forthwith to direct
such steps as are necessary to protect and enforce the same.

c. To exercise supervision and control over all departments
and divisions created therein, or that may be hereafter created
by the council and have general supervision, over all public im-
provements, works and undertakings, except as otherwise pro-
vided in this charter.

d. To attend all meetings of the city council with the right
to take part in the discussion but having no vote.

e. To recommend to the council for adoption such measures
as he may deem necessary or expedient.

f. To prepare the annual budget and keep the city council
fully advised as to financial conditions and needs of the city.

g. To make all such contracts in behalf of the city as may
be authorized by this charter, or in accordance with the provi-
sions of the appropriation made by the council or under con-
tinuing contracts or loans authorized under the provisions of
this charter, or pursuant to resolution or ordinance of the
council.

h. Unless and until otherwise provided by the council, he
shall act as city purchasing agent.

i. To perform such other duties as may be prescribed by
this charter or be required of him by ordinance or resolution
of the city council.

j. He shall have the further power to perform such other
duties as may be prescribed by the council not in conflict with
the foregoing and shall be bonded as the council may deem
necessary.

§ 31. Certain officers enumerated; elections, terms; powers
and duties; compensation.—There shall be for said city a Judge
of the Corporation Court, a Commonwealth’s attorney, a Clerk
of the Corporation Court and a Sergeant, each of whom shall be
elected in the manner and at the time, and to hold office for the
time prescribed by law; they shall respectively perform such
duties, have such powers, and be liable to such penalties as may
be prescribed by the laws of the State or the ordinance of the
city, made in pursuance thereof; and such officers shall perform
such other duties as may be prescribed by ordinance of the city;
and such officers shall receive such compensation as may from
time to time be fixed by the Council as salary, by and with the
consent of the State Compensation Board, within the limits pre-
scribed by law.

§ 38. The Annual Budget.—Not later than * thirty days
before the * second Monday in the month of April, the city
manager shall prepare and submit to the council an annual
budget for the ensuing fiscal year, based upon detailed estimates
furnished by the several departments and other divisions of the
city government, according to a classification as nearly as
possible uniform.

§ 40. Sinking Fund Provision.—(a) There shall be set
apart annually from the revenues of the city, a sinking fund
sufficient in amount to pay the indebtedness of the city as it
matures and which by its terms is not payable in one year.

(b). When the taxes on real and personal property are col-
lected each year the city treasurer shall take therefrom and
deposit in a separate account to the credit of the sinking fund
commission, in such bank or banks as the council may desig-
nate, and the said commission may, if it shall so elect, cause the
sinking fund to be loaned on improved real estate situated in
the said city, * or in the State of Virginia, and secure the same
by first mortgage liens thereon, provided such funds shall not
be loaned at a greater rate than fifty per centum of the fair
market value of such real estate.

(c). All such sinking funds shall be used exclusively in
the payment or purchase and redemption of the outstanding
bonds of the city, and when such sinking funds are not required
or may not within a reasonable time be required for the payment
of any bonds of the city, or cannot be used to advantage in the
purchase and redemption of any bonds of the city 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 State, upon a
basis not exceeding fifty per centum of the fair cash value of
such real estate or invested in other securities approved by the
general laws of the State for the investment of such funds or
deposited in bank on a reasonable rate of interest. Such sinking
funds may be used in the payment or purchase and redemption
of serial bonds, as well as term bonds.

(d). The council of the city of Waynesboro shall appoint a
sinking fund commission for the city, composed of three free-
holders, whose duties shall be to take over annually from the
treasurer, and invest the sinking fund as herein provided; and
shall annually submit a report to the council showing the condi-
tion and amount of the sinking fund. A bond with satisfactory
surety shall be required of the sinking fund commission, the
amount of which shall be fixed by ordinance.

§ 41. Bond Issues.—(a) The Council may in the name
of and for the use of the city, contract debts and make and issue,
or cause to be made and issued as evidence thereof, bonds, notes,
or other obligations, upon the credit of the city or solely upon
the credit of specific property owned by the city, or solely upon
the credit of income derived from property used in connection
with any public utility owned and operated by the city. But ex-
cept as provided in sub-section (b) of this section, no debt shall
hereafter be contracted for a longer period than that of the
probable life of the work or object for which the debt is to be
contracted. The probable life of no public improvement shall
be considered over thirty years.*

(b) Bonds issued for the refunding of previous issues shall
in no case be for a greater period than thirty years.

(c) In lieu, however, of creating a sinking fund, or sink-
ing funds, as in section forty herein provided, the city may issue
bonds, hereafter called ‘‘serial bonds”, payable in annual install-
ments, the first of which shall be payable at any time the coun-
cil may prescribe in the ordinance authorizing the issue of such
bonds; and the last of which shall be payable within the period
of the probable life of the work or object for which the debt evi-
denced by said bonds was created.

(d) But no bond shall be issued, or long term indebtedness
contracted by the city for any purpose whatsoever without a
vote of the duly qualified electors in an election called and held
as prescribed by general law in such cases; provided, however,
the city shall have authority without an election to make tempo-
rary loans not in excess of what may be paid out of the current
revenues of the year in which made, and the said temporary loan
shall be paid off within said year, except bonds issued for pur-
chase of property, real or personal, secured by a lien on the
property, may be done without a vote of the people.

(e) Restriction on Loans and Credits.—The credit of the
city shall not directly or indirectly, under any device or pre-
tense whatsoever, be granted to or in aid of any person, asso-
ciation or corporation. The council shall not issue any bonds,
notes or other obligations of the city, or increase the indebted-
ness thereof, to an amount greater than eighteen per centum of
the assessed valuation of the real estate in the city, subject to
taxation; provided, however, that in determining the limitation
of the power of the city to incur indebtedness there shall not
be included the classes of indebtedness mentiond in subsections
(a) and (b) of section one hundred twenty-seven of the Consti-
tution of the State.

(f) Bonds based solely upon the credit of specific property
owned by the city, or solely upon the credit of income derived
from property used in connection with any public utility owned
or operated by the city, shall be issued subject to this charter
and any law applicable thereto.

(g) Every ordinance authorizing the issuance of bonds
shall specify the purpose or purposes for which they are to be
issued, the aggregate amount of the bonds, the term for which
they shall be issued, and the maximum rate of interest to be
paid thereon. Any such ordinance may be amended by ordinance
at any time before the bonds to be affected by such amendment
have been sold. All other matters relating to such bonds may
be determined by resolution within the limitations prescribed by
such ordinance or by this charter.

(h) However, if there shall be omitted from this charter
any provision essential to the valid authorization, sale, execu-
tion and issuance of any of the bonds of said city, the provisions
of the general law with reference to similar bonds shall supply
said omission.

(i) Any bonds issued by the city under this charter shall
be signed by the mayor and attested by the clerk under the seal
of the city, and shall be made payable at the office of the city
treasurer or such other place, in or out of the State, as the
council may provide. Such bonds shall be advertised by the city
manager and sold by the city treasurer, under supervision of
the mayor, city manager, and clerk, and the sale reported to
and approved by the council, and the proceeds from said sale
shall be paid to the city treasurer.

§ 42. Appropriation Ordinance and Levy.—At not less
than thirty days before the * second Monday in the month of
April of each year, the city manager shall submit to the council
fcr its information a budget for the ensuing fiscal year, and on
the second Monday in * April in each year, the council shall lay
its levy on all property, real and personal, subject to taxation
fcr city purposes, and not later than * June tenth following, the
council shall pass its annual appropriation ordinance.
§ 44. Unencumbered balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within
the year of any work, improvement or other object for which
a specific appropriation has been made, the unencumbered bal-
ance of such appropriation shall revert to the general fund
except that any unencumbered balance of any such appropria-
tion for the benefit of any of the city operated public utilities
shall revert to the respective fund from which it was appro-
priated, and shall be subject to further appropriation; provided,
however, this does not prohibit the council from giving the city
manager permission to authorize such transfer within a depart-
ment as may be necessary to meet unexpected obligations. No
obligation shall be incurred by an officer or employee of the city,
except in accordance with the provisions of the appropriations
made by the council or under continuing contracts and loans
authorized under the provisions of this charter.

§ 45. Payment of claim.—Payments by the city shall be
made only upon vouchers certified * by the city manager or the
head of the appropriate department or * division of the city
government designated by the city manager, and by means of
warrants on the city treasurer, issued and countersigned by * a
member of the finance committee and by the city manager,
however, such warrants may cover a number of claims and shall
be deposited in a special account designated as operating account.
Checks may be drawn on the Operating Account upon the signa-
tures of the treasurer and the city auditor. All payrolls, bills
and other claims and demands against the city shall be examined,
correctly computed and duly certified * by the city auditor before
a * check shall be issued in payment thereof, and no * check for
payment shall be issued unless it is found that the claim is in
proper form; that it is justly and legally due and payable; and
that an appropriation has been made therefor which has not
been exhausted, or that the payment has been otherwise legally
authorized, and that there is money in the city treasury to make
payment. He may require any claimant to make oath to the
validity of the claim. He may investigate any claim, and for
such purpose may examine witnesses under oath and if he finds
it is fraudulent, erroneous or otherwise invalid, shall not issue
a * check therefor.

§ 50. Special assessments.—(a) All local or special assess-
ments shall be made and assessed by the city manager under
such regulations as the council may by ordinance prescribe.

Provisions shall be made by ordinance for the method of
levying and apportioning such special assessments, for the pub-
lication and for giving to such owners an opportunity to be heard
before final action on the assessment.
Any person affected by such special or local assessment may
appeal from the decision of the council as to any such assess-
ment against him to the corporation court * of the City of
Waynesboro, Virginia.

§ 51. Audits of Accounts——Upon the death, resignation,
removal or expiration of the term of any officer of the city, the
city manager * may order an audit and investigation to be made
of the accounts of such officer and report to the council.

As soon as practicable after the close of each fiscal year an
annual audit shall be made of all accounts of the city officers.
Such audit shall be made by qualified public accountants, selected
by the council, who have no personal interest, direct or indirect,
in the financial affairs of the city or any of its officers or em-
ployees. The council may at any time provide for an examina-
tion or audit of the accounts of any officer or department of the
city government.

§ 60. Investigations.—The council, the city manager, and
any officer, board or commission authorized by them, or either
of them, shall have power to make investigation as to city affairs,
and for the purpose to subpoena witnesses, administer oaths,.and
compel the production of books and papers.

Any person refusing or failing to attend, or to testify or
to produce such books and papers, may by summons issued by
such board or officer be summoned before the civil and police
justice of the said city by the board or official making such in-
vestigation, and upon failure to give satisfactory explanation
of such failure or refusal, may be fined by the civil and police
justice not exceeding one hundred dollars or imprisoned not
exceeding thirty days, and such person shall have the right to
appeal to the * Corporation Court of the City of Waynesboro,
Virginia. Any person who shall give false testimony under
oath at any such investigation shall be liable to prosecution for
perjury.

§ 66. City Plan.—(a) The city council may cause to be
prepared and adopted a comprehensive city plan providing for
the future improvement and growth of the city within and with-
out the city limits and including the altering and extension of
streets, and opening of new subdivisions, the changing and im-
proving the channels of the creeks running into and through the
city, the location and opening of the most practical and direct
highways from the city into the adjoining country, the improve-
ment of entrances and terminals to and from the city, including
those of public service corporations looking to the future har-
monious development of a city plan, the planning for play-
grounds, parks and boulevard system, the location of public
buildings, including school buildings and other public works
and public utilities, and all such other things as will tend to
make the city of Waynesboro a more convenient, attractive, and
modern city. .

The council may, in its discretion, appoint an advisory city
planning commission, and define its powers and prescribe its
duties by ordinance.

The council, at its discretion, shall have power to vacate,
alter, or discontinue, in whole or in part, any public street, ave-
nue, or alley, in the city in the manner following:

On the application of any landowener or on resolution of
the council of its own motion, the mayor shall appoint three .
viewers to act as commissioners, who shall ascertain and report
if any inconvenience will result to the public and whether in
their opinion any, and if any, what special damage, will be suf-
fered by the landowner or landowners abutting thereon, if the
street, avenue, or alley is vacated, discontinued, or altered in
whole or in part, as proposed. Upon the return of the report,
the mayor shall fix a time and place to consider the said report,
of which the clerk of the council shall give notice by publication
once a week for two successive weeks in a newspaper published
in the city, or having general circulation therein. At the hear-
ing, evidence may be offered for and against the report, and the
council may at that or any adjourned or regular meeting ap-
prove, or modify the report as to it shall seem right, just and
proper, and as approved, or modified, adopt the same, or reject
the report and dismiss the proceeding. If the report is adopted,
or as modified is adopted, the council shall pass an ordinance
prescribing such conditions, if any as to it shall seem proper,
vacating, discontinuing, or altering the said street, avenue, or
alley in whole or in part. The title to the street, avenue, or alley,
or to such part thereof as shall be vacated, discontinued or
altered shall vest in the city, or in the landowner or landowners,
whose property abuts thereon, to be determined by the council
in the ordinance. An appeal of right may be taken by a dis-
satisfied landowner affected, within ten days of the passage of
the ordinance, vacating, discontinuing or altering any street,
avenue, or alley, or any part thereof, to the * Corporation Court
of the City of Waynesboro on the question of special damages,
awarded, but the right, motives, or purposes of the council
touching the vacation, alteration, or discontinuance of the street,
avenue or alley, in whole or in part, or the conditions prescribed
or annexed, shall not be open to inquiry on appeal.

Any street, avenue or alley in the city, or any part thereof
heretofore altered or vacated by the council is hereby confirmed.

(b) The said city shall have the use and control of all
streets and alleys, both below and above ground.
(c) * All subdivisions of lots and lands shall comply with
the Virginia Land Subdivision Act as provided by the general
law of the State of Virginia and amendments thereto.

(d) Before approving such plat, and thereby accepting the
dedication of the streets, alleys, parks and public places thereon,
the council shall require that the streets and alleys thereon shall
be properly laid out and located with reference to the topography
of the land so platted and the relation thereof to the streets and
alleys contiguous thereto and the adjoining lands, both as to
connections and widths, which widths of such streets and alleys
shall be plainly marked in figures or written on such plat, and
which streets and alleys shall be laid out in harmony with the
general plan of the city.

(e) And, before approving such plat, and thereby accept-
ing the dedication of the streets and alleys thereon, the council
shall require the owner thereof to execute and deliver to the
City of Waynesboro 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 City of Waynesboro by reason
of establishing proper grade lines on and along such streets and
alleys and by reason of doing necessary grading or filling for
the purpose of placing such streets and alleys upon the proper
grade and releasing the City of Waynesboro from building any
retaining wall or walls along the streets and alleys and property
lines; and the council may require such release and waiver to be
written and executed on said plat and recorded therewith or
by an instrument of writing to be executed and recorded in said
clerk’s office of the * corporation court of the City of Waynes-
boro, Virginia.

And the council may, in its discretion, require the owner of
such platted lands to submit profiles of such streets and alleys,
showing the contour thereof, together with proper grade lines
laid thereon, and if and when the council is satisfied that the
proper grade lines are laid on such profiles, the profiles shall be
approved by the council and recorded by the owner or at his
expense in the record of the profiles of the streets and alleys of
the city, and the council may, in its discretion, require such re-
lease and waiver to be made with reference thereto.

(f) Before approving any such plat of any subdivision of
lots or lands the city council may, at its discretion, require the
owner thereof to lay out and establish proper building lines
thereon, and to show on such plat that all conveyances of lots
shown on such plat are to be made with reference thereto for the
benefit of the respective lot owners and the city of Waynesboro.

§ 67. Powers of Policemen.—For the purpose of enabling
the city to execute its duties and powers each member of the police
fcrce and each policeman is hereby made and constituted a con-
servator of the peace and endowed with all the powers * con-
ferred by § 15-557 of the Code of Virginia in criminal cases and
all other powers which under the laws of the city and State may
be necessary to enable him to discharge the duties of his office.
2. Sections twenty-two, thirty-nine and forty-six of the Acts
of Assembly of nineteen hundred forty-eight, approved Febru-
ary eleven, nineteen hundred forty-eight, are repealed.

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