CHAPTER 558

AN ACT to provide a new charter for the town of Glen Lyn, in Giles
county; and to repeal the court charter of such town and
Chapter 165 of the Acts of Assembly of 1930, approved March
20, 1930, which provided a charter for such town.

[H 727]
Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. The town of Glen Lyn, in Giles County, Virginia, shall
continue to be a town corporate, and as such shall have and may
exercise all the powers and privileges conferred upon it by this
charter, and also those that are now or may be hereafter delegated
to towns in accordance with the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as though such
powers were specifically enumerated herein, and no enumeration of
particular powers by this charter shall be held to be exclusive.

§ 2. The corporate lines of Glen Lyn are contained in the fol-
lowing boundaries, to-wit:

Beginning at the mouth of East River where it intersects and
empties into the New River, thence running an eastwardly course
along the South bank of said New River to the point of intersection
with the Westernly Right of Way Boundary of the Virginian Rail-
way Company, thence a due South course for a distance of 1320.0
feet to a stake, thence a due West course for a distance of 609.9
feet to a point in the bed of a stream, thence S 33° 31’ W, for a
distance of 534.3 feet, crossing the Nettie Reed Tract of The
Appalachian Electric Power Company to a set stone, corner of
said tract and the lands of J. C. Killey, thence N 64° 58’ W for a
distance of 1052.8 feet crossing said Killey lands, the Secondary
Route No. 704 Right of Way, the lands of D. C. Fields and lands
of Nettie Reed to a stake located in the South Right of Way
boundary of the Virginian Railway Company, thence a due West
Course, for a distance of 1062.1 feet to a stake in a line of the
boundary of Giles County, Virginia, and Mercer County, West
Virginia, thence N 37° 17’ W, with said State Boundary for a
distance of 1130.1 feet to a stake located in an old field on an
East hillside, 125 feet below edge of woods, 10 feet Southwest of a
small drain, and 52 feet Northeast from a large boulder, thence
N 52° 20’ E for a distance of 575.1 feet to an iron pipe located
In the stream bed of East Riyer opposite the center of the highway
bridge and 45 feet down stream from the center of said bridge,
thence Northwardly along the center of East River as it meanders
to its mouth and intersection with New River to the point of begin-
ning, containing 154 acres, more or less.

§ 3. Powers of the town of Glen Lyn.—The town shall have
specifically the following powers and privileges, to the extent that
they, or any of them, may not be prohibited by the Constitution
or the general laws of the Commonwealth of Virginia:

First. To raise annually, by taxes and assessments in the town,
such sums of money, in such manner as the council thereof deems
necessary or expedient for the use, benefit and purpose of the town,
in accordance with the Constitution of the United States, the
Constitution of Virginia, the laws of the Commonwealth of Virginia
and the provisions of this charter.

Second: To fix or set, levy and collect taxes on property, subject
to limitations prescribed by the Constitution and laws of Virginia
in force at the time of imposition of such taxes; provided, however,
that the tax for all purposes on property within the town shall not
exceed three dollars ($3.00) on each one hundred dollars ($100.00)
of assessed valuation except (a) for amounts necessary to pay
interest, principal, or sinking fund of any bonded indebtedness of
the town, (b) taxes for fire protection, (c) special assessments for
local improvements, water works and sewer system, and (d) taxes
that the general laws of Virginia permit towns to levy in excess
of their charter limitations. The fire protection tax levied by the
town shall be the only such fire protection tax levied therein.

Third. To impose special or local assessments for local improve-
ments, and to enforce payment thereof, subject to such limitations
prescribed by the Constitution and laws of Virginia as may be in
force at the time of imposition of such special or local assessments.

Fourth. To impose licenses by ordinance upon business, trades,
professions or callings, and upon persons, firms, associations or
corporations engaged therein or offering to do business within the
boundaries of the town, whose principal office is or is not located
in said town, except when prohibited by general law, whether or not
a license may be required therefor by the State. The fee for such
license may exceed the State license fee if any be required.

Licenses may also be imposed upon and a fee therefor col-
lected from persons, firms, or corporations selling and delivering
at the same time at other than a definite place of business, goods,
wares or merchandise, to licensed dealers or retailers in the town.

For every license issued or transferred under this charter,
there may be prescribed by ordinance a reasonable charge or fee,
for issuing or transferring the same. Such charges or fees shall be
paid into the town treasury.

Fifth. To incur liabilities or debts, borrow money, and execute
or issue evidences of indebtedness ; how ever, no indebtedness shall
be created beyond the ability of the council to pay within twelve
(12) months from its ordinary or specia] revenues or resources,
except in the following manner: The council, upon its own motion,
may order a special election, as hereinafter provided, to determine
whether such indebtedness shall be created; or there may be pre-
sented to the council a petition signed by at least one-fourth of the
bona fide resident electors of the town, male or female, twenty-one
years of age or over, requesting the council to order a special
election to determine whether such indebtedness shall be created.
Pursuant to such motion or petition, the council shall order a
special election, to be held within thirty days, to determine whether
such indebtedness shall be created, and at least twenty days’ notice
of such election shall be given by the council, and the purpose and
amount of said proposed indebtedness shall be stated in said notice.
At this special election only the bona fide resident electors, at the
date of said notice, twenty-one years of age or over, male or female,
shall be entitled to vote. If a majority of those voting shall vote
in favor of such indebtedness the council shall within thirty days
proceed in the manner prescribed by law.

For the purpose of such election the bona fide resident elec-
tors of the town on the date of notice of such election, twenty-one
years of age or over, male or female, shall be determined in the
following manner: At least twenty days prior to such election the
council shall ascertain and record on an official list the names of
such electors and shall publish forthwith such list by posting
copies thereof in at least three public places in town. On such posted
copies notice shall be given of the time and place of a meeting of
the council (to be held not less than seven nor more than ten days
before such election) for the purpose of correcting said official
list, and at such meeting or any adjournment thereof the council
shall make such additions or eliminations or both as ascertained
facts shall require. The official list as thus corrected shall con-
stitute the final and authoritative determination of the persons
qualified to vote in such electors’ election.

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

Seventh. To acquire by purchase, gift, devise, condemnation
or otherwise, property, real or personal, or any estate therein,
within or without the town, for the use and benefit thereof; and
to hold, improve, sell or lease the same, or any part thereof, in-
cluding any property now owned by the ‘town.

Eighth. To construct, maintain, regulate or operate public
improvements of all kinds, ‘including municipal or other buildings,
grounds and structures necessary or appropriate for the use and
proper operation of all the various departments of the town. |

Ninth. To survey, establish, enter, open, widen, extend, grade,
construct, pave, maintain, light, sprinkle, or clean public streets,
highways, alleys, sidewalks, parkways or parks or to relocate, alter
or close the same; to regulate the weight of loads to be hauled or
carried over and upon the streets insofar as such regulation of
weights of loads does not conflict with general State laws relating
to load limits to be carried or transported over State highways;
to regulate the-use of all such highways, parks, streets, alleys,
parkways and public places; to prevent the obstruction, destruc-
tion or injury to any of such streets, alleys or highways; to require
any railroad company operating a railroad at the place where any
highway or street is crossed within the limits of the town to con-
struct and maintain adequate crossings and to erect and maintain
at such crossing any style of gate or warning signal deemed
proper; to regulate the operation and speed of all cars, motor-
cycles, bicycles or vehicles upon said streets or highways as well as
the speed of all engines, cars, or railroad trains within the town;
to permit or prohibit towers, poles or wires for electric, telephone,
telegraph, radio or television purposes to be erected or wires or gas
lines to be laid in the streets or alleys, and to prescribe and collect
an annual charge for such privileges hereafter granted; to require
the owner or lessee of any electric light, telephone, telegraph, radio
or television tower, poles, or wires now in use or hereafter erected
to change the location or remove the same.

Tenth. To acquire by gift, purchase or by the exercise of the
power of eminent domain within this State, land or any interest or
estate in lands, rock quarries, gravel pits, sand pits, water or water
rights and the necessary roadways thereto, either within or with-
out the rights and the necessary roadways thereto, either within
or without the town, or acquire and install machinery and equip-
ment and build the necessary roads or tramways thereto, and oper-
ate the same for the purpose of producing materials required for
any and all purposes of the town.

Eleventh. To grant franchises for public utilities, subject to
the provisions of the Constitution and general laws of the Common-
wealth of Virginia. |

Twelfth. To collect and dispose of sewage, offal, ashes, garb-
age, carcasses of dead animals and other refuse, and to make rea-
sonable charges therefor; to acquire and operate reduction or
other plants for the utilization or destruction of any or all of said
materials. .

Thirteenth. To compel the abatement of nuisances within the
town, or upon property owned by the town beyond its limits, at
the expense of the person, persons, corporations or firms causing
the same, or of the owner or occupant of the grounds or premises
whereon the same may be, and collect said expense by suit or mo-
tion, or by distress and sale; to require all lands, lots or other
premises, within the town to be kept clean, sanitary and free from
stagnant water, weeds, filth, unsightly deposits and shrubbery over-
hanging public streets and sidewalks or to make them so at the
expense of the owners or occupants thereof; to pass and enforce
any ordinances that may be necessary to the public safety for the
control of dogs; to regulate or prevent noisome or offensive busi-
ness within the said town, the keeping of hogs, or other animals,
poultry or other fowl therein or the exercise of any dangerous or
unwholesome business, trade or employment thereon; to regulate
the transportation of all articles through the streets of the town;
to prevent unnecessary noise; to regulate the location of stables
and the manner in which they shall be constructed or kept; to
regulate the location, construction, operation or maintenance of
billboards; to provide how, when and under what conditions awn-
ings may project over the streets and sidewalks from buildings,
and the manner in which sidewalks may be used for advertising
or display signs or merchandise; to generally define, prohibit,
abate, suppress and prevent all things detrimental to the health,
morals, safety, convenience or welfare of the inhabitants of the
town; to provide for order and quiet and the observance of the
Sabbath.

Fourteenth. The council may, in its discretion, appoint a
board of health for the town and invest it with authority for the
prompt and efficient performance of its duties.

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

Sixteenth. To inspect, test, measure or weigh any commodity
or article offered for use or consumption to persons within the
town; and to establish, regulate, license or inspect weights, meters
or scales employed or used within the town and charge and collect
fees therefor.

Seventeenth. To establish, maintain and operate a landing
field or airport within or without the town and for such purposes
to acquire real estate by gift, lease, purchase or condemnation; to
lease such landing fields or airport to others to be used for any
lawful purposes; to erect and maintain buildings and appurte-
nances necessary for the use of such landing field or airport and
to prescribe and enforce rules and regulations, not in conflict with
the laws, rules and regulations prescribed by the State of Virginia
and the Federal Government for the use and protection of such
landing field or airport.

Eighteenth. To prevent or extinguish fires, and to establish,
regulate, and control a fire department or division, to purchase
and maintain fire hydrants, to compensate the water departments
of the town for water used in fighting fires and for other similar
purposes; to regulate the size, heights, materials and construction
of buildings, fences, walls, retaining walls or other structures here-
after erected, in such manner as the public safety or convenience
may require; to establish building lines and building regulations;
to establish, regulate and control residential and business zones
within the corporation; to remove or require to be removed or re-
constructed 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 or designate from time to time fire
limits within which limits wooden buildings shall not be con-
structed, removed, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be con-
structed of stone, natural or artificial, concrete, brick, iron or other
fireproof material and to enact stringent and efficient laws for
securing the safety of persons in halls and buildings used for
assemblies, entertainments, amusements, schools or places of busi-
ness.

Nineteenth. To provide, permit or prohibit the establishment
of places for the interment of the dead and regulate the same and
also those heretofore established and to provide as near to the
town as the council deems advisable 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; 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 therefrom used in and about the
perpetual upkeep and care of the lot or plot for which such dona-
tion, gift or bequest shall have been made.

Twentieth. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-first. To license and regulate the holding and location
of shows, circuses, public exhibitions, carnivals or similar shows or
fairs, or prohibit the holding of the same or any of them within the
town.

Twenty-second. To make and enforce ordinances to regulate,
control, license and tax the manufacture, bottling, sale, distribu-
tion, handling, advertising, possession, dispensing, drinking and
use of alcohol, and all liquids, beverages and articles containing
alcohol obtained by distillation, fermentation or otherwise; pro-
vided, however, that no such ordinance shall be in conflict with
any of the provisions of the Alcoholic Beverage Control Act or the
general laws, of this Commonwealth with respect to such alcoholic
beverages, liquids, and articles.

Twenty-third. To pass and enforce all by-laws, rules, regula-
tions, and ordinances which the council deems necessary for the
good order and government of the town, the management of its
property, the conduct of its affairs, the peace, comfort, convenience,
order, morals, education, general welfare, trade, health, and pro-
tection of its citizens or their property, and to do such other
things and pass such other laws as are necessary or proper to
carry into full effect all power, authority, capacity, or jurisdiction,
which is or shall be granted to or vested in the town, or in the
council, or officers thereof, or which are necessarily incident to a
municipal corporation.

Twenty-fourth. To prescribe in accordance with the law any
penalty for the violation of any town ordinance, rule or regulation
or of any provision of this charter. To provide, by ordinance that
where a fine and costs imposed upon any person for violation of
a town ordinance shall not be promptly paid the official trying the
case may, in his discretion, either commit such person to jail until
such fine and costs shall be paid, or require him to work out such
fine and costs on the streets or other improvements of the town at
a rate per day equivalent to the prevailing wages for similar work
at that time, in the town, provided, that no person shall be com-
mitted to jail or required to work for longer than ninety days for
nonpayment of such fines and costs.

Twenty-fifth. To prohibit and punish the mischiexous, wanton
or malicious damage to public and private property. -

Twenty-sixth. The town may maintain a suit to restrain by
injunction the violation of any ordinance, notwithstanding punish-
ment is provided for the violation of such ordinance.

§ 4. A lien shall exist on all real estate within the corporate
limits for taxes, levies or assessments in favor of the town, levied
or assessed thereon from the commencement of the year for which
the same was levied or assessed, and the procedure for collecting
such taxes and for selling real estate for town taxes shall be the
same as provided by the general laws of this Commonwealth, except
that the council may, in its discretion, impose upon all taxes not
collected prior to the first day of January of each year a penalty
of one per centum on the first day of each succeeding month until
payment of said taxes and accrued penalties which shall be turned
into the town treasury. The council shall have the benefit of all
other remedies for the collection of town taxes which are now, or
may hereafter be permitted under the general law of the State, in-
cluding the power to distrain goods and chattels for failure to pay
taxes levied thereon.
§ 5. Administration and government.—The administration
and government of the town shall be vested in a council consisting
of one principal officer, styled the mayor, and five councilmen.
The mayor, and councilmen, shall be electors of the town to be
chosen as hereinafter provided, from the residents and electors of
the town, and their qualifications to hold office, respectively, shall
be the same as required of persons to vote and hold office under
the Constitution and laws of the Commonwealth of Virginia. The
mayor and councilmen in office at the effective date of this act
shall continue in office until the expiration of the terms for which
they were elected. If any person be expelled from the council, a
new election to fill the vacancy thus created shall be held within
thirty days on such day as the council may prescribe, on not less
than ten days’ notice. Any other vacancy in the office of mayor
or councilmen shall be filled within thirty days, from the electors
of the town, for the unexpired term, by a majority vote of the re
maining members of the council, provided, however, that a vacancy
in the office of mayor may be filled from their own body or from
the electorate of the town, by the council.

§ 6. Any persons residing within the corporation limits of
the town and duly registered and qualified according to law shall
be entitled to vote at all municipal elections. All elections for the
officers of the town shall be conducted in accordance with the laws
of the Commonwealth of Virginia.

§ 7. The council shall in the event of tie votes for its mem-
bership, and upon the written request of the candidates affected,
permit the candidates to cast lots, by some agreed method, to break
the tie, oth@rwise the council may declare a vacancy in such office
and fill the same from the electors of the town by a majority vote
of said council. All officers shall qualify by taking the oath of
office before the clerk, or other officer authorized to administer
oaths and shall give such bond as the council requires.

§ 8. Notice of candidacy for office shall be given, and the
ballots to be used in any election in the said town shall be prepared,
printed and distributed in the manner prescribed by law.

§ 9. Town Officers.—The officers of the town, in addition to
the mayor and councilmen, shall be a clerk, a treasurer, and in the
discretion of the council, a sergeant and a deputy sergeant. All
officers, with the exception of the sergeant and deptuy sergeant.
shall be electors of the town.

§ 10. The council may, by ordinance, provide for such other
officers, agents and employees as it deems appropriate, prescribe
their duties and fix their compensation.

§ 11. The council shall meet biennially on the first working
day of September to qualify the new members, to organize and
elect from among the voters of the town or its membership, a town
clerk and a town treasurer. The office of treasurer and clerk may
be filled by the same person.

§ 12. The council shall affix the compensation of its mem-
bers, the mayor, and all other officers, agents and employees of the
town.

§ 13. The council shall, by ordinance, adopt such rules as it
deems proper for the regulation of its proceedings and the time
of its meetings.

§ 14. Three councilmen shall constitute a quorum for the
transaction of business, and no ordinance or resolution shall be
passed or adopted having for its object the levying of taxes or con-
tracting a debt except by a recorded concurring vote of three of
the members of the council.

§ 15. All meetings of the council shall be public unless the
council by a recorded affirmative vote of three-fifths of its mem-
bers declares that the public welfare demands an executive session
of the council. Any citizen shall have access to the minutes.

§ 16. The mayor shall preside at all meetings of the council,
and in his absence or inability to act, a majority of the councilmen
in attendance shall elect a presiding officer. The mayor shall have
no vote except in case of tie.

§ 17. The mayor shall be the chief executive officer of the town;
he shall have and exercise all power and authority conferred by
general law on mayors of towns not inconsistent with this charter ;
he shall perform such other duties consistent with his office as are
imposed by the council; the mayor shall see that the duties of the
various town officers, including members of the police and fire
departments, whether elected or appointed, are faithfully per-
formed; he shall also have the power to suspend such officers and
members of the police and fire departments and other employees,
for misconduct in office or neglect of duty, until the next regular
meeting or special meeting of the council, when such suspended
officer or employee may present testimony in his defense to the
council and the decision of the council shall be final; in the event
of the inability of the nayor to actively discharge his duties, his
place may, in the discretion of the council, be filled and his duties
discharged, until such disability shall cease, by a member of the
council who shall be elected by a majority of the council and who
shall be designated mayor pro tempore. The mayor shall be the
official head of the town. In times of public danger or emergencies,
he may take command of the police and maintain order and enforce
laws, and for this purpose may deputize such assistant policemen
as may be necessary. The mayor or person acting as mayor shall
authenticate by his signature such documents or instruments as
the council, this charter, or the laws of the Commonwealth require.

§ 18. The treasurer shall receive all moneys belonging to and
received by the town and keep a correct account of all receipts
from all sources, and expenditures of all departments. He shall
collect all taxes, levies, licenses, assessments, fees, water rents and
other charges belonging to and payable to the town and for that
purpose he is hereby vested with any and all powers which are now
or may be hereafter vested in county and city treasurers, for the
collection of county and city taxes under the general law; he shall
keep and disburse all moneys or funds in such places and in such
manner as may be determined by ordinance or the provisions of law
applicable thereto. He shall pay no money out of the treasury
except in the manner prescribed by ordinance or the general law,
and shall make such reports and perform such other duties not
inconsistent with the office as are required by the mayor or by
resolution and ordinance 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 the council prescribes, 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 pre-
scribes. The council, in its discretion, may provide that unpaid
delinquent taxes which are five years in default shall not be
included in the amounts for which the treasurer is required to
furnish bond. The council may, in its discretion, and if it deems
it necessary or convenient, appoint some person or persons from
the electors of the town to assist the town treasurer in the collec-
tion of all taxes and assessments, water rents and other charges
belonging to and payable to the town, which person may be the
sergeant, deputy sergeant, or superintendent of water works, but
before entering upon the discharge of such duties, such person
shall execute a bond in such amount and with such security as the
council, by ordinance, prescribes.

§ 19. The council may provide that the premium on any surety
bond shall be paid by the town.

§ 20. The town clerk shall be clerk to the council, shall attend
all meetings thereof and shall keep a record of its proceedings.
He shall keep all papers, documents and records pertaining to the
town, the custody of which is not otherwise provided for. He shall
be custodian of the town seal and shall attest the same, and shall
perform such other duties as are required by general law or by the
council by ordinance or resolution.

§ 21. Police justice.—The council may appoint a police justice,
who shall qualify by taking the oath of office before the clerk, or
such other officer as may be authorized to administer oaths, and
shall give such bond as the council requests.

The police justice shall possess and exercise original jurisdic-
tion for the trial of all criminal offenses committed within the cor-
porate limits of the town and for one mile beyond said corporate
limits. He shall have no civil jurisdiction.
The compensation of the police justice shall be fixed by the
Council as it may deem proper.

The council may elect a substitute police justice, to act during
the absence of the police justice. Such substitute police justice
shall serve during the term of his principal and shall have the
same powers, authority and jurisdiction as his principal, and his
compensation shall be fixed by the council as it may deem proper.

§ 22. The council may require the attendance of its officers,
agents, appointees or employees at its meetings and may further
require that reports be submitted.

§ 23. All fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and
when collected, shall be forthwith paid unto the town treasury.

§ 24. All rights, privileges and property of the town heretofore
acquired, now owned, or enjoyed, shall continue undiminished and
remain vested in the town; and all the ordinances and resolutions
of the council now in force and not inconsistent with this act shall
continue in full force and effect until amended or repealed.

§ 25. The enumeration of particular powers and authority in
this charter shall not be deemed nor held to be exclusive but in
addition to the powers herein enumerated, implied hereby or ap-
propriate to the exercise thereof, the town shall have and may
exercise all other powers which are now or may be hereafter con-
ferred upon or enjoyed by towns under the Constitution and general
laws of this Commonwealth. |

§ 26. If any clause, sentence, parargaph or part of this act
shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, such judgment, order or decree shall not affect,
impair, or invalidate the remainder of said act, but shall be con-
fined in its operation to the clause, paragraph or part thereof
directly involved in the controversy in which said judgment, order
or decree shall have been rendered.

§ 27. All contracts and obligations heretofore made by the
council and government of the town of Glen Lyn, not inconsistent
with this charter or the Constitution and general laws of this Com-
monwealth, shall be and are hereby declared to be valid and legal.
2. The order of the Circuit Court of Giles County, Virginia,
entered on January 30, 1926, which provided a charter for the town
of Glen Lyn, and Chapter 165 of the Acts of Assembly of 1930,
approved March 20, 1930, which Chapter provided a new charter
for the town of Glen Lyn, and all acts amendatory thereof, are
hereby repealed; and all other acts inconsistent with any of the
provisions of this act are hereby repealed to the extent of such in-
consistencies,

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