CHAPTER 552

AN ACT to provide a charter for the town of Pound.
[H 716]
Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

CHaptrr I

1. § 1. The town corporate.—The inhabitants of the territory
comprised within the present limits of the town of Pound, as such
limitations are now or may be hereafter altered and established by
law, shall constitute and continue a body, politic and corporate,
to be known and designated as the town of Pound, and as such
shall have and may exercise all powers which are now or hereafter
may be conferred upon or delegated to towns under the Constitu-
tion and laws of the Commonwealth of Virginia, as fully and com-
pletely as though such powers were specifically enumerated herein,
and no enumeration of particular powers by this charter shall be
held to be exclusive, and shall have, exercise and enjoy all the
rights, immunities, powers and privileges, and be subject to all the
duties and obligations now appertaining to and incumbent on said
town as a municipal corporation, and the said town of Pound, as
such, shall have perpetual succession, may sue and be sued, im-
plead and be impleaded, contract and be contracted with, and may
have a corporate seal which it may alter, renew, or amend at its
pleasure by proper ordinance.

§ 2. The town boundary.—The corporate limits of the town
of Pound, Wise County, Virginia, shall be as follows:

Beginning at a tack in the root of a white oak in Tilden J.
Sutphin’s chicken yard on the west side of the highway; thence
North 77 West 455.98 feet to a copper plug in the root of a black
oak; thence North 36 11 West 343.44 feet to a stake 2 feet right
of a 12 inch hickory in the line of a cemetery fence; thence North
11 14 West 781.73 feet to a hole in a flat rock on top of a ridge;
Re: South 60 East 15 feet to a white oak; and South 46 00 West
10 feet to a beech; thence North 14 13 West 715.67 feet to a stake
on top of the ridge; Re: South 10 East 18 feet to a spotted oak
and North 15 West 16 feet to a spotted oak; thence North 22 19
East 162.53 feet to a stake on top of the ridge 8 feet left of a
black oak; thence North 25 44 East 217.78 feet to a stake on
the ridge; Re: North 9 West 7 feet to a hickory and West 10
feet to a black oak; thence North 19 17 East 181.56 feet to a
stake on the ridge; thence North 5 53 East 478.18 feet to a
stake on the ridge; Re: North 58 West 13 feet to a black gum;
thence N 13 38 East 316.95 feet to a stake on the ridge; Re:
South 55 West 10 feet to a double hickory; thence North 23 28
West 417.87 feet to a stake on a ridge; Re: North 28 West 14
feet to a spotted oak; thence North 13 58 West 609.14 feet to
a plug in the root of a white oak; thence North 37 09 West
939.71 feet to a stake; Re: North 56 East 24 feet to the south-
west corner of A. B. Mullins’ house and South 88 10 East 50
feet to the southeast corner of A. B. Mullins’ house; thence
North 29 35 West 1982.94 feet to a stake on a spur above water
tank 2 feet beyond fence; thence North 71 56 West 1308.39 feet
to a stake on hillside; thence South 85 10 West 504.49 feet to a
stake in the field by a snag; thence South 60 01 West 417.11 feet
to a stake on hillside; Re: South 45 20 West 14 feet to a hickory;
thence South 37 01 West 294.00 feet to a copper plug in the root
of a white oak; thence North 89 17 West 942.70 feet crossing
Pound River and highway to a hub on a sharp round knoll;
thence North 45 01 West 1939.14 feet to a stake on southwest
side of lane; Re: South 60 East 26 feet to a poplar. North 86 40
West 25 feet to a willow; thence North 51 39 West 349.83 feet to
a stake in road; thence North 74 49 West 121.00 feet to a stake
in the road; Re: North 35 25 West 31 feet to the southeast corner
of E. J. Countess’ house; thence South 71 03 West 176.73 feet
to a stake in the road and South 49 17 West 127 feet to a stake
in the road; Re: North 80 30 West 20 feet to a maple; thence
South 37 20 West 297.86 feet to a stake in the road; Re: North
71 30 West 35 feet to a sycamore; thence South 49 22 West
222.88 feet to a stake in the road; Re: North 925 East 24 feet
to a beech; thence South 78 52 West 176.86 feet to a stake in the
road; thence North 72 51 West 143.30 feet to a stake in the road;
Re: North 56 35 East 29 feet to a spruce and North 41 25 West
35 feet to a beech; thence North 54 02 West 1338.96 feet to a
beech on the bank of the North Fork of Pound; thence North
11 11 East 2,136.33 feet to a stake in a field on a point; thence
North 38 01 West 434.40 feet to a saddle on the ridge; Re: North
54 West 23 feet to a dead chestnut snag; thence North 23 41
West 294.91 feet to a stake on the ridge; Re: South 6 30 West 11
feet to a small black oak; thence North 52 38 West 186.12 feet
to a stake on a ridge; Re: South 29 35 West 12 feet to a dead
chestnut; thence South 89 04 West 240.40 feet to a stake at the
head of Hollow; Re: South 5 West 15 feet to a dead chestnut;
thence North 26 13 West 814.43 feet to a stake on a ridge; Re:
South 76 50 East 10 feet to a small black oak and South 60
East 15 feet to a black gum; thence North 3.58 West 915.24 feet
to a stake in a field; thence North 50 36 East 1163.13 feet to a
stake in the bottom; thence North 27 07 East 350.86 feet to a
stake in a path 5 feet southeast of a sassafras and 12 -feet south-
east of a branch; thence North 73 17 East 171.97 feet to a stake
in a path 9 feet southeast of a dead locust and 15 feet right of
a branch; thence North 82 51 East 265.31 feet to a stake in a
path 10 feet north of branch; thence North 86 33 East 200.38
feet to a stake in a swamp 25 feet south of a lane and 5 feet
south of a light pole; thence South 68 45 East. 341.95 feet to a
stake in a field; thence North 84 40 East 345.05 feet to a stake;
Re: North 27 00 East 13 feet to a stone gate post; Re: South
2 00 West 74 feet to the southwest corner of Hobart Bentley’s
house and North 54 05 West 40 feet te the southwest corner of
Norman Bentley’s house; thence North 25 10 East 707.23 feet
to a copper plug in the root of a large red oak west of highway;
thence North 35 05 East 166.56 feet to a stake in the east side
of highway; Re: South 22 05 East 22 feet to a large rock; thence
South 58 28 East 258.00 feet to a tack in the stump on top of
a cliff; Re: South 15 39 East 73.23 feet to a plug in a rock 3
feet left of a large pine; thence South 54 18 East 261.05 feet
to a stake on a hillside; Re: Small white oak 6 feet back; thence
South 40 54 East 966.22 feet to a stake on Daniel Boggs’ ridge
in a swag; thence South 18 20 East 2426.17 feet to a stake on
Gibson’s Knob at the mouth of a lane; thence South 80 39 East
1697.83 feet to a stake on top of ridge in Gap; thence South
57 33 East 4056.75 feet to a stake in field; thence North 64 51
East 2358.32 feet to a plug in a large flat rock on hill side 40
feet east of Hollow; thence South 46 53 East 3533.48 feet to a
stake in a low Gap at the head of the Rush Meade Hollow and
the Nancy Bray Hollow; Re: South 12 00 West 43 feet to a 10”
twin maple; North 22 00 West 35 feet to a 10’ leaning ash; North
77 30 East 16 feet to a cluster of four 4’ white oaks; thence South
56 44 West 1690.5 feet down the Nancy Bray Hollow, passing
10 feet south of a 40” beech tree, to a cross cut on a rock in a
fence line; Re: South 45 00 East 57 feet to a 10’ twin. poplar
which is 10 feet north of stream; thence South 24 36 West 1653.75
feet continuing down said Hollow passing 40 feet north of Mar-
shall Mullins’ house, to a stake property corner dividing the
lands now owned by Marshall Mullins and Richard Mullins; Re:
South 4300 West 13 feet to a 3” willow on the south bank of a
stream; South 53 00 West 21 feet to a 4” willow in the north
bank on said stream; thence South 30 26 West 209.5 feet down
the Hollow, following the property line common to Marshall
Mullins and Richard Mullins, to a stake property corner in the
Forks of two streams; thence South 57 25 West 231 feet con-
tinuing down said Hollow crossing the proposed Chesapeake and
Ohio Railways Company’s center line at Station 628 plus 14.2
and cross Bold Camp Creek to a stake property corner, which
is on the north side of an old county road, common to Richard
Mullins, Elsi Hall and the Trig Maxwell Heirs; Re: North 73 00
East 37 feet to the mouth of Nancy Bray Branch; North 60 00
West 35 feet to the base of an &” twin willow 4 feet south of
a small drain; thence South 10 31 West 4507 feet to a stake on
a hillside across a Hollow; thence South 68 50 West 957.78 feet
to the beginning.

CHAPTER II

§ 1. Powers of the town of Pound.—In addition to the powers
elsewhere mentioned in this charter and the powers conferred by
general law and the Constitution, the said town of Pound shall
have the powers set forth in the following sections of this chapter:

§ l-a. To raise annually, by the levy of taxes and assess-
ments in the said town, on all such property, real and personal,
as is now or may be subject to taxation by towns by the revenue
laws of this Commonwealth, such sums of money as the council
thereof shall deem necessary for the purpose of said town, in such
manner as the said council shall deem expedient in accordance
with the Constitution of this State and of the United States; pro-
vided, however, that it shall impose no taxes on the bonds of the
said town.

§ 2. To impose special or local assessments for loca] im-
provements and to force payment thereof, subject to such limita-
tions prescribed by the Constitution and laws as may be in force
at the time of the imposition of such special or local assessments.
§ 3. To impose a tax not exceeding one dollar per annum
upon all persons residing in said town above the age of twenty-
one years, not exempt from the payment of State capitation tax.

§ 4. To contract debts, borrow money and make and issue
evidences of indebtedness.

§ 5. To expend the money of the town for all lawful pur-
poses.

§ 6. To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein within
or without the town, for any of the purposes of the town; and to
hold, improve, sell, lease, mortgage, pledge, or otherwise dispose
of the same or any part thereof, including any property now owned
by the town.

§ 7. To establish markets in the town and regulate the same,
and to enforce such regulations in regards to the keeping and
sales of fresh meat, vegetables, eggs and other green groceries
and the trade of hucksters and junk dealers as may be deemed
advisable.

§ 8. To own, operate and maintain water works and to
acquire in any lawful manner in any county of the State, such
water, lands, property rights, and riparian rights as the council
of the said town may deem necessary for the purpose of providing
an adequate water supply to the said town and piping and con-
ducting the same; to lay, erect and maintain all necessary mains
and service lines, either within or without the corporate limits
of said town, for the distribution of the water to its customers and
consumers, both within and without the corporate limits of the
said town 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
regulations 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 land
comprised within the limits of the water shed, tributary to any
such water supply wherever 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 to carry
out the powers herein granted, the said town may exercise within
the State all powers of eminent domain provided by the laws of
this State.

§ 9. To acquire by gift, purchase, exchange or by the exer-
cise of such power of eminent domain within this State lands, or
any interest or estate in lands, rock quarries, gravel pits, sand
pits, water and water rights and the necessary roadways thereto,
either within or without the town, and acquire and install ma-
chinery and equipment and build the necessary roads or tramways
thereto; and operate the same for the purpose of producing ma-
terials required for any and all purposes of the town; and to
acquire by purchase, exchange or by the exercise of such power of
eminent domain within this State, lands, machinery and equip-
ment, and build and operate a plant or plants for the preparation
and fixing of materials for any and all purposes of the said town.

§ 10. To collect and dispose of sewage, ashes, garbage, car-
casses of dead animals and other refuse, and make reasonable
charges therefor; to acquire and operate reduction or any other
plants for the utilization or destruction of such materials or any
of them; to contract or regulate the collection and disposal thereof
and to require and regulate the collection and disposal thereof.

§ 11. To inspect, test, measure and weigh any commodity
or commodities or articles of consumption for use within the
town; and to establish, regulate, license and inspect weights,
meters, measures and scales.

§ 12. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals, and other similar
shows or fairs, or prohibit the holding of the same, or any of
them within the town or within one mile thereof.

§ 138. To require every owner of motor vehicles residing in
the said town, on a date to be designated by the council, to an-
nually register such motor vehicles and: to obtain a license to
operate the same by making application to the treasurer of the
said town, or such other person as may be designated by the
council of the said town, to issue said license, and to require
the said owners to pay an annual license fee therefor to be fixed
by the council; provided that the said license fee shall not exceed
the amount charged by the State on the said machine.

§ 14. To construct, maintain, regulate and operate public
improvements of all kinds, including municipal and other build-
ings, markets, and all buildings and structures necessary or ap-
propriate for the use and proper operation of the various depart-
ments of the town; and to acquire by condemnation or other-
wise, all lands, riparian and other rights and easements neces-
sary for such improvements, or any of them.

§ 15. To establish, alter, enter, open, widen, extend, grade,
improve, construct, maintain and clean public highways, streets,
sidewalks, boulevards, parkways, and alleys; to establish and main-
tain parks, playgrounds, and public grounds; to keep them lighted
and in good order; to construct, maintain and operate bridges
viaducts, subways, tunnels, sewers, and drains and to regulate the
use of all such highways, parks, public grounds and works; to
plant and maintain or remove shade trees along the streets and
upon such public grounds; to prevent the obstruction of suck
streets, alleys, and highways, abolish and prevent grade crossings
over the same by railroads in the manner prescribed by the gen-
eral law for the elimination of grade crossings; to require any
railroad company operating a railroad at a place where any high-
way or street is crossed within the town limits to erect and main-
tain at such crossings 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 in accordance with the
general law of the State, and to regulate the length of time such
crossing may be closed due to any operations of the railroads;
to regulate, except in so far as may be prohibited by the State
law, the operation and speed of cars, and vehicles upon said streets
and highways, as well as the speed of all engines, cars and trains
on railroads within the town; and to do all other things whatso-
ever adapted to make said streets and highways safe, convenient
and attractive.

§ 16. To construct in such parks, playgrounds, and public
grounds, as it may maintain, or upon any town property, stadiums,
swimming pools, and recreation or amusement buildings, struc-
tures, or inclosures of every character, refreshment stands, restau-
rants, et cetera; to charge for admissions, and use of same, and
rent out or lease the privileges of construction or using such stadi-
ums, swimming pools, recreation or amusement buildings, struc-
tures, or inclosures of every character, refreshment stands, or res-
taurants, et cetera.

§ 17. To establish, impose, and enforce the collection of water
and sewage rates, and rates and charges for public utilities, or
other services, products, or conveniences, operated, rented or
furnished by the town, and to assess, or cause to be assessed, after
reasonable notice to the owner or owners, water and sewage rates
and charges directly against the owner or owners of the buildings
or against the proper tenant or tenants; and in event such rates
and charges shall be assessed against a tenant then the council
may by ordinance, require of such tenant a deposit of such rea-
sonable amount as it may by such ordinance prescribe before
furnishing such service to such tenant.

§ 18. To establish, construct, and maintain sanitary sewers,
sewer lines and systems, and to require the abutting property
owners to connect therewith and to establish, construct, maintain
and operate sewage disposal plants, and to acquire by condemna-
tion as provided by the laws of this State or otherwise, within or
without the town, all lands, rights of way, riparian and other
rights, and easements necessary for the purposes aforesaid, and
to charge, assess, and collect reasonable fees, rentals, assessments
or cost of service for connecting with and using the same.

§ 19. Subject to the provisions of the Constitution and gen-
eral laws of Virginia and this charter to grant franchises for public
utilities.
§ 20. To charge and to collect fees for permits to use public
facilities and for public services and privileges. The said town
shall have the power and right to charge a different rate for any
service rendered or convenience furnished to citizens without the
corporate limits for the rates charged for similar service to citizens
within the corporate limits.

§ 21. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond its
limits at the expense of the person or persons causing the same, or
of the owner or occupant of the ground or premises whereon the
same may be, and to collect said expense by suit or motion or by
distress and sale; to require all lands, lots and other premises
within the town, to be kept clean and sanitary and free from stag-
nant 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 town, or the exercise of any dangerous or unwhole-
some business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the town; to compel
the abatement 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, construction,
operation and maintenance of billboards and generally to define,
prohibit, abate, suppress and prevent all things detrimental to the
health, morals, safety, convenience and welfare of the inhabitants
of the town; and to require all owners or occupants of property
having sidewalks in front thereof to keep the same clean and sani-
tary, and free from all weeds, filth, unsightly deposits, ice and snow.

§ 22. To extinguish and prevent fires, and to establish, regu-
late, and control a fire department or division, to regulate the size,
height, materials and construction of buildings, fences, walls, re-
taining walls, and other structures hereafter erected in such manner
as the public safety and convenience may require; to remove or
require to be removed or reconstructed any building, structure or
addition thereto which by reason of dilapidation, defect of struc-
ture, or other causes may have become dangerous to life or prop-
erty, or which may be erected contrary to law; and may enact
stringent and efficient laws for securing the safety of persons from
fires in halls and buildings used for public assemblies, entertain-
ments or amusements.

§ 23. To direct the location of all buildings for storing ex-
plosives or combustible substances; to regulate the sale and use of
gunpowder, nitro-glycerin, fireworks, kerosene oil or other like
materials; to regulate the exhibition of fireworks, the discharge of
firearms, and the making of bonfires in the streets and yards.
§ 24. To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same,
inspect all foodstuffs and prevent the introduction and sale in said
town of any articles or thing 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 owners thereof; to prevent
the introduction or spread of contagious or infectious diseases, and
prevent and suppress disease generally; to provide and regulate
hospitals within the town limits and if necessary to the sup
pression of dieases, to enforce the removal of persons afflicted
with contagious 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 town,
with the authority necessary for the prompt and efficient perform-
ance of its duties, with the power to invest any or all of the officials
or employees of such department of health with such powers as the
police officers of the town have, to establish quarantine ground
within or without the town, and establish such quarantine regula-
tions against infectious and contagious diseases ag the council may
see fit, subject to the laws of the State and of the United States.

§ 25. To prevent the riding or driving of horses or other
animals at an improper speed; to prevent the throwing of stones,
or engaging in any sort of employment in the public streets which
is dangerous or annoying to passersby, and to prohibit and punish
the abuse of animals.

§ 26. In so far as not prohibited by the general law of the
State, to control, regulate, limit and restrict the operation of motor
vehicles carrying passengers for hire upon the streets or alleys of
the town; to regulate the use of automobiles and other automotive
vehicles upon the streets; to regulate the routes in and through
the town to be used by motor vehicle carriers operating in and
through said town and to prescribe different routes for different
carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic
therein as may be necessary for the general welfare.

§ 27. To acquire in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within or without the
town not exceeding at any one time five hundred acres in the aggre-
gate, and from time to time to sell or lease the same or any part
thereof for industrial or commercial uses and purposes.

§ 28. To provide in or near the town, 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 the
ground therein; to cooperate with any nonprofit corporation in
the improvement and care of burial places and approaches thereto ;
and to provide for the perpetual upkeep and care of any plot or
burial lot therein, the town is authorized to take and receive sums
of money by gift, bequest, or otherwise to be kept invested, and the
income thereof used in and about the perpetual upkeep and care
of the said lot or plot for which the said donation, gift, or bequest
shall have been made. |

§ 29. To prevent any person having no visible means of sup-
port, paupers, and persons who may be dangerous to the peace and
safety of the town, from coming to said town from without the
same; and also to expel therefrom any such person who has been
in said town less than twelve months.

§ 30. To exercise full police powers and establish and main-
tain a department or division of police.

§ 31. To restrain and punish drunkards, vagrants and street
beggars, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses;
to prevent and punish lewd, indecent and disorderly exhibitions in
said town; and to expel therefrom persons guilty of such conduct
who have not resided therein as much as one year.

§ 32. To make and enforce ordinances, not inconsistent with
the laws of this State.

§ 33. To prohibit and punish mischievous, wanton, or malicious
damage to school and public property, as well as private property.

§ 34. To prohibit and punish minors from frequenting, playing
in or loitering in any public poolroem, billiard parlor, or bowling
alley, and to punish any proprietor or agent thereof for permitting
same.

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

§ 36. To offer and pay rewards for the apprehension and con-
viction of criminals.

§ 37. To give names to or alter the names of streets.

§ 38. To enjoin and restrain the violation of any town ordi-
nance or ordinances, although a penalty is provided upon convic-
tion of such violation.

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

§ 40. To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general welfare,
comfort, education, morals, peace, government, health, trade, com-
merce, or industries of the town, or its inhabitants.

§ 41. To prescribe any reasonable penalties for the violation
of any town ordinance, rule, or regulation or of any provision
of this charter, not exceeding penalties prescribed by the general
laws of the State of Virginia.

§ 42. To make and adopt a comprehensive plan for the town,
and to that end all plats and replats hereafter made subdividing
any land within the town into streets, alleys, roads, and lots or
tracts shall be submitted to and approved by the council before
such plats or replats are filed for record or recorded in the office
of the clerk of Wise County, Virginia.

§ 43. To own, operate and maintain electric light and gas
works, either within or without the corporate limits of the town
and to supply electricity and gas whether the same be generated
or purchased by said town, to its customers and consumers both
without and within the corporate limits of the said town, at such
price and upon such terms as it may prescribe, and to that end
it may contract and purchase electricity and gas from the owners
thereof upon such terms as it may deem expedient.

§ 44. To provide by ordinance for a system of meat and milk
inspection, and appoint milk and meat inspectors, agents, or officers
to carry the same into effect, license, regulate, control and locate
slaughter houses within or without the corporate limits of the
town, and for such services of inspection to make reasonable
charges therefor; and to provide such reasonable penalties for the
violation of such ordinances.

§ 45. To regulate, 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 annual charge for such privileges, heretofore or hereafter
granted; to require the owners or lessee of an electric light, tele-
phone or telegraph pole, or poles, or wires, now in use or here-
after erected, to change the location or move the same.
§ 1. Administration and government.—The administration
and government of the town of Pound shall be vested in one body
to be called the council of the town of Pound, which shall consist
of a mayor and four councilmen, all of whom shall be residents
and qualified voters of the said town. The mayor and councilmen
shall be elected at a regular municipal election to be held on the
second Tuesday in June, in the year nineteen hundred fifty-one,
and every two years thereafter, in the manner prescribed by law,
for terms of two years beginning on the first day of September
next following their election, each of whom shall serve until his
successor shall have been elected and qualified. Each officer of
said town shall take the oath prescribed by State law, and execute
the required bond, prior to entry upon his duties. The council shall
be a continuing body, and no measure pending before such body
shall abate or be discontinued by reason of expiration of term of
office or removal of any of the members. Vacancies in the council
shall be filled for the unexpired term by a majority vote of the
remaining members. The council of the said town shall have the
power to elect or appoint such other officers as it may deem neces-
sary, and to define their duties. The council may create, appoint,
or elect such other departments, bodies, boards, and other officers
as are hereinafter provided for, or as are permitted, or required
by law to be appointed by the council. The present mayor and
councilmen shall continue in office until the expiration of the term
for which they were respectively elected.

CHapter 1V

§ 1. The mayor.—The mayor shall preside over the delibera-
tions of the council and shall have the same powers and rights of
voting as other members of the council, but he shall have no right
of veto; he shall be the chief executive officer of the town and shall
perform such other duties consistent with his office as may be
imposed by the council; he shall take care and see that the by-laws,
ordinances, acts and resolutions of the council are faithfully exe-
cuted ; he shall have and exercise all power and authority conferred
by general law on mayors of towns not inconsistent with this
charter; he shall be exofficio a conservator of the peace within the
town and within one mile of the corporate limits thereof, and shall,
unless otherwise provided by the council, have jurisdiction to try
all violations of the town ordinances, subject to an appeal to the
circuit court of Wise County, and inflict such punishment and
impose such fines as may be prescribed for a violation of the same
and he shall have power to issue executions for all fines and costs
imposed by him, or he may require an immediate payment thereof,
und in default of such payments he may commit the party in
default to the town jail or the jail of Wise County until the fine
and cost shall be paid, but the time of imprisonment in such
case shall not exceed twelve months; he shall possess all the juris-
diction and exercise all power and authority of a justice of the
peace in civil and criminal cases within the said town and within
one mile of the corporate limits thereof; he shall see that peace and
order are preserved and that persons and property within the town
are protected; he shall authenticate by his signature such docu-
ments and instruments as the council, this charter, or the laws
of this Commonwealth require; and he shall from time to time
recommend to the council such measures as he may deem needful
for the welfare of the town; provided, however, that the council
may appoint a police justice or judge for the town, who shall be
a qualified voter of the town, and shall serve during the pleasure
of the council. The mayor shall, during such time as he shall
serve as police justice or judge, have exclusive jurisdiction to try
all violations of town ordinances, and the same jurisdiction in
criminal cases as is conferred by law on police justices of cities,
and he shall, before entering upon the discharge of his duties,
qualify as such police justices are required to qualify.

CHAPTER V

§ 1. The powers of the council.—The council hereinbefore
created shall have full power and authority, except as herein other-
wise specifically provided, to exercise herein all of the powers con-
ferred upon the town, and pass all laws and ordinances relating
to its municipal affairs, subject to the Constitution and general
laws of the State and of this charter, and shall have full and com-
plete control of all fiscal and municipal affairs of the said town
and all of its real and personal properties, and may from time to
time amend, reamend and/or repeal any and all of said ordinances,
for the proper regulation, management and government of the
said town and may impose fines and penalties for the violation
or nonobservance thereof.

CuHaprmr VI

§ 1. The salary of the mayor of the town, as now constituted
or hereafter elected, if any be allowed by the council, shall be
fixed by the council at a reasonable amount, not exceeding the
amount provided by general law. The four councilmen, as now
constituted or hereafter elected, may receive a salary to be fixed
by the said council at a reasonable amount. The salary of the
mayor and councilmen, if any, when so fixed shall continue
until changed by the council, and shall be payable out of the
treasury of the town in monthly installments. No salary shall be
fixed for a period to exceed one year.
§ 1. The council shall by ordinance adopt such rules as it
might deem proper for the regulation of its proceedings and shall
meet at such times as may be prescribed by ordinance, provided,
however, that it shall hold at least one regular meeting each
month. A majority of the council shall constitute a quorum for
the transaction of business, but no ordinance or resolution shall
be adopted having for its object the levying of taxes or contracting
a debt except by a vote of three-fifths of the council. The mayor,
or any other two members of the council, may call a special
meeting of the council upon at least twelve hours written notice
of the time, place and purpose to each member served personally
or left at his usual place of business or residence by the town
chief of police, and no business shall be transacted by the council
in such special meeting which has not been stated in the notice,
provided, however, that these regulations shall not apply when
all members of the council attend such meeting or waive notice
thereof, nor shall it apply to an adjourned session from a regular
meeting. The meetings of the council shall be public, unless the
council by a recorded affirmative vote of three-fifths of its members
shall declare that the public welfare demands an executive session
of the council; and the citizens may have access to the minutes
and records of the council at any reasonable time.

Cuapter VIII

§ 1. Council; vice-mayor.—The council shall, at its first
meeting in September following its election, or as soon thereafter
AS practicable, elect from its membership a vice-mayor who shall
in the absence or inability of the mayor to act, have all the powers
and duties of the mayor, and shall perform all of his functions.

CHAPTER IX

§ 1. Elections——The time of holding and the method of con-
jucting municipal elections shall conform to the general laws of
the State of Virginia. The next election is to be held on the
second Tuesday in June, nineteen hundred and fifty-one, and every
(wo years thereafter.

CHAPTER X

§ 1. Bond.—All officers, elected or appointed under the pro-
isions of this charter, shall, unless otherwise provided under the
eneral law or by this charter, or by ordinance of the council,
xecute such bond, with approved corporate security as may be
equired by general law, by this charter, or by ordinance or reso-
ution of the council, and file the same with the town clerk before
entering upon the discharge of their duties; and in event of de-
fault on the part of any bonded municipal officer, the town shall
have the same remedies against him and his sureties as are pro-
vided for the State in enforcing the penalty of any official bond
given to it.

CHAPTER XI

§ 1. Oaths.—All officers elected or appointed under the pro-
visions of this charter shall take the oath of office required by
general law before entering upon the discharge of his duties, and
if these requirements have not been complied with within thirty
days after the term of office shall have begun or after his appoint-
ment to fill a vacancy, then such office shall be considered vacant.

CHAPTER XII

§ 1. The town clerk.—The town clerk shall be appointed by
the council, and shall attend the meetings of the council and shall
keep permanent records of its proceedings; he shall be custodian
of the town seal and shall affix it to all documents and instru-
ments requiring the seal, and shall attest the same; he shall keep
all papers, documents, and records pertaining to the town, the
custody of which is not otherwise provided for in this charter; he
shall give notice to all parties, presenting petitions or communi-
cations to the council of the final action of the council on such
communications or petitions; he shall give to the proper depart-
ment or officials ample notice of the expiration or termination of
any franchise, contract, or agreements; he shall publish such
reports and ordinances as the council is required to publish, and
such other records and ordinances as it may direct; he shall upon
final passage transmit to the proper departments or officials copies
of all ordinances or resolutions of the council relating in any
way to such departments or to the duties of such officials, and he
shall perform such other acts and duties as the council may, from
time to time, allow or require.

CuHaptTer XIII

§ 1. The town treasurer.—There shall be appointed by the
council one town treasurer who shall hold office during the pleasure
of the council; but the present treasurer of the town shall continue
to discharge the duties of the office until removed by the council
or until his successor shall have qualified. Any vacancy in this
office shall be promptly filled by the council. The said treasurer
shall be the disbursing agent of the town and have the custody of
all money and other evidences of value belonging to the town or
held in trust by the town. He shall receive all money belonging
to and received by the town and keep correct accounts of all re-
ceipts from all sources and of all expenditures of all departments.
He shall collect all taxes and assessments, water rents, and other
charges belonging to and payable to the town, and for that purpose
he is hereby vested with powers similar to those which are now or
may hereafter be vested in the county and city treasurers for the
collection of county, city and State taxes under the general law;
he shall keep, disburse and deposit all money or funds in such
manner and in such places as may be determined by ordinance or
the provisions of the law applicable thereto; he shall pay no money
out of the treasury, except in the manner prescribed by this charter
or by ordinance or the general law; he shall perform such duties as
are usually incident to the office of commissioner of revenue in re-
lation to the assessment of property for town taxation and town
license taxes and shall have power to administer oaths in the per-
formance of his official duties; and shall make such reports and
perform such other duties not inconsistent with the office as may
be required by this charter or by ordinance or resolution of the
council. The treasurer shall not be entitled to any commission
for handling the funds of the town but shall be paid such salary
as may be provided by the council, and before entering upon the
duties of his office shall execute a bond in such amount and with
such security as the council by ordinance may prescribe. The
council may, in its discretion, and if it deems it necesseary or con-
venient, appoint some person or persons from the electors of the
town to assist the town treasurer in the collection of all taxes and
assessments, water rents, and other charges belonging to and pay-
able to the town, which person may be the town chief of police, or
superintendent of water works, but before entering upon the dis-
charge of his duties, such person shall execute a bond in such
amount and with such security as the council by ordinance may pre-
scribe. The treasurer shall be subject to the supervision of the
council of the town of Pound and shall perform such other duties
not inconsistent with his office as may be required of him by the
council. The said treasurer and town clerk may be one and the
same person if the council so deems it.

CuHaptTer XIV

§ 1. Police department.—The mayor shall be the Director of
rhe Police Department for the town. He shall have control of the
said department for the purpose of enforcing law and order, and
or the execution of all ordinances of the town. He shall appoint
1 chief of police and such policemen as he may deem necessary and
hall fix their compensation. All appointments shall be reported to
he council at its next regular meeting for approval or disapproval.

§ 2. The chief of police and policemen shall be vested with
he powers of a conservator of the peace, and shall have the same
powers and perform the same duties within the corporate limits
of the town, and a distance of one mile beyond the same, as was
formerly had and performed by constables. But the chief of police
and policemen shall always be subject to the orders and regula-
tions of the mayor. The chief of police and policemen shall be
under the control of the mayor for the purpose of enforcing peace
and order, and executing the laws of the State and ordinances of
the town, and it shall be the duty of the police force to respect and
obey orders of the chief of police not in conflict with the ordi
nances of the town and orders, rules and regulations of the mayor.

CHAPTER XV

§ 1. Who shall be eligible to appointment as town clerk, town
treasurer, chief of police and policemen.—No member of the town
council, or one who is elected to such office of town council, shall
be eligible to appointment or election to the office of town clerk,
town treasurer, chief of police or policemen, during the period for
which he has been elected.

CHAPTER XVI

§ 1. Tax lien of real estate—A lien shall exist on all real
estate within the corporate limits for taxes, levies and assess-
ments in favor of the town, assessed thereon from the commence-
ment of the year for which the same were assessed and the pro-
cedure for collecting the said taxes. The sale of real estate for
town taxes and the redemption of real estate sold for town taxes
shall be the same as is provided for in the general law of the
State to the same extent as if the provisions of said general law
were herein set out at length. The said town and its treasurer
Shall have the benefit of all other and additional remedies for
the collection of town taxes which are now or hereafter may be
granted or permitted under the general law.

CuaprTrer XVII

§ 1. Tax remedies; personal property.—All goods and chat-
tels wheresoever found may be distrained and sold for taxes and
licenses assessed and due thereon; and no deed of trust or mort-
gage upon goods and chattels shall prevent the same from being
distrained and sold for taxes and licenses assessed against the
grantor in such instruments while such goods and chattels remain
in the grantor’s possession.

CuHaprer XVIII

§ 1. License taxes.—License taxes may be imposed by ordi-
nance on business, trades, professions or callings and upon the
person, firms, associations and corporations engaged therein, and
the agents thereof, except in cases where taxation by the localities
is or shall be prohibited by the general law of the State, and
nothing herein shall be construed to repeal or amend any general
law with respect to taxation. The council may subject any
person, who, without having obtained a license therefor, shall do
any act or follow any business, occupation, vocation, pursuit or
calling in the town for which a license may be required by ordi-
nance, to such fine or penalty as it has authority to impose for
any violation of its laws.

CHaAaprTrer XIX

§ 1. Audit of accounts.—Upon the death, resignation, re-
moval or expiration of the term of any officer of the town, the
council shall order an audit and investigation to be made of the
accounts of such officer and a report to be made to the council
as soon as practicable. After the close of each fiscal year an
annual audit shall be made of the accounts of all town officers;
said audit shall be made by a qualified accountant selected by
the council who shall have no personal interest, direct or indirect,
in the financial affairs of the town or any of its officers or em-
ployees. The council may at any time provide for an examination
or audit of the accounts of any officer or department of the town
government.

CHAPTER XX

§ 1. Acquisition of property; condemnation.—The town shall
not take or use any private property for streets, highways or any
other public purposes without making just compensation for the
same, but the town where it cannot obtain the title to property.
necessary for such purposes, may proceed to condemn the same in
the mode prescribed by the Constitution and general laws of the
State.

CHAPTER XXI

§ 1. The council, the mayor, and any other officer, board or
commission authorized by them or either of them, shall have the
power to make investigations within their respective powers and
duties,.and for that purpose to subpoena witnesses, administer
oaths, and compel the production of books and papers, and any
person refusing or failing to attend, or to testify or produce such
books or papers, may by summons issued by such board or officer
be summoned before the mayor of said town, and upon his failure
to give satisfactory explanation of such failure or refusal may
be fined by the mayor for contempt, and any person giving false
testimony may be proceeded against for perjury.
CHaprer XXII

§ 1. The Annual budget.—At least thirty days before the end
of each fiscal year, the council shall prepare a budget containing
a complete itemized and classified plan of all proposed expendi-
tures and all estimated revenues and borrowings for the town for
the ensuing appropriation year.

§ 2. Opposite each item of the proposed expenditures the
budget shall show in separate parallel columns the amount appro-
priated for the preceding appropriation year, the amount expended
during that year, the amount appropriated for the current appro-
priation year, and the increases or decreases in the propused ex-
penditures for the ensuing year as compared with the appropria-
tion for the current year. This budget shall be accompanied by:

(a) A statement of the contemplated revenue and disburse-
ments, liabilities, reserves and surplus or deficit of the town as of
the date of the budget.

(b) An itemized and complete financial balance sheet for the
town at the close of the last preceding appropriation year.

§ 3. A brief synopsis of the budget shall be published in a
newspaper of general circulation in the town, and notice given
of one or more public hearings, at least fifteen days prior to the
date set for hearing at which any citizen of the town shall have
the right to attend and state his views thereon. After such hear-
ing is had, the council of the town shall by appropriate order
adopt and enter on the minutes thereof a budget covering all ex-
penditures for the town for the next appropriation year, itemized
and classified as required by this chapter. The council may recess
or adjourn from day to day or time to time as may be deemed
proper before final adoption of the budget, provided that the final
adoption shall not be later than the date on which the annual
tax levy or assessment is made.

§ 4. Before any tax levy shall be increased, the amount and
purpose of such proposed increase shall be published in a news-
paper having general circulation in the town at least thirty days
before the increased levy or assessment is made and the citizens
of the town shall be given an opportunity to appear before, and
be heard by the council on the subject of such increase.

CHapPtTer XXIII

§ 1. Books, records, etc.—All books, records and documents
used by any town officer in his office or pertaining to his duties
shall be deemed the property of said town, and the chief officer
in charge of such office shall be responsible therefor. Any such
officer or person made by this chapter responsible for the keeping
of such books, records and documents, shall, within five days after
the end of his term of office or within five days after the date of
his resignation or removal ‘from office, as the case may be, de
liver to the town clerk all such records and documents. Any such
person or officer failing to deliver such books, records or docu.
ments, as required by this section, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished as
the council may have by ordinance provided.

CHaprmr: XXIV

§ 1. Validation of contracts.—All contracts and obligations
heretofore or hereafter made by the council of the town of Pound,
while in office, not inconsistent with this charter, or the Constitu-
tion or the general laws of this State shall be, and are hereby de-
clared to be valid and legal.

CHAPTER XXV

§ 1. Ordinances of the town of Pound to continue in force.—
All ordinances now in force in the town of Pound, not inconsistent
with this charter, shall be and remain in force until altered.
amended or repealed by the council of said town.

CuapTer XXVI

§ 1. Partial invalidity—If any clause, sentence, paragraph.
or part of this act, shall for any reason be adjudged by any court
of competent jurisdiction to be invalid, such Judgment shall not
affect, impair or invalidate the remainder of the act, but shall be
confined in its operation to the clause, sentence, paragraph or part
thereof directly involved in the controversy in which said judg-
ment shall have been rendered.

CuaptTer XXVII

§ 1. Circuit court charter.—The charter herein is in lieu of
and a complete substitute for the charter of the town of Pound
yranted by the Circuit Court of Wise County on the tenth day of
June, nineteen hundred forty-six.

CHAPTER XXVIII

§ 1. Citation of act.—This act may be cited for all purposes
ind referred to as the Town of Pound Charter of Nineteen Hundred
ind Fifty.

CHapTer XXIX

§ 1. Nothing herein contained shall in any way affect the
espective terms of office to which the present mayor and members
f the town council, have been elected. The said officers shall con-
tinue in office to the end of their present terms to which they have
already been elected, or until their successors have been elected
and qualified as herein provided for in this charter.

2. An emergency exists, and this act shall be in force from its
passage.