CHAPTER 607

An Act to provide a new charter for the Town of Coeburn, in the county
of Wise; to validate all contracts heretofore or hereafter made by the
present Council and Government while in office, inconsistent with this
mew charter or the Constitution and general laws of this State; and
to repeal all acts, or parts of acts, in conflict with this act. rH 780)

Approved April 3, 1952

1. Be it enacted by the General Assembly of Virginia, as follows:

§ 1. The Town Corporate.—The inhabitants of the territory com-
prised within the present limits of the town of Coeburn, 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 Coeburn, 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 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, 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 Coeburn, as such, shall have perpetual succession,
may sue and be sued, implead 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. That the boundaries of said town shall be as follows:

Beginning at a red oak, sour wood and sanvice on the mortgage line
of five thousand acres, also corner to the John Mays land; thence north
sixty-one degrees thirty minutes west twelve hundred and ninety-six feet
to a stake on the south side of Big Tom’s Creek; thence up said Town’s
Creek as it meanders north fifty-one degrees east three hundred and six
and five-tenths feet to a stake; thence north thirty-nine degrees west fifty-
six feet to a stake; thence north fifty-two degrees east one hundred and
forty-eight feet to a stake; thence north twenty-seven degrees east one
hundred and eleven feet to a stake; thence north twenty degrees west one
hundred and twenty-eight feet to a stake; thence south eighty-six degrees
four minutes west eighty-seven and five-tenths feet to a stake at the mouth
of Little Tom’s Creek; thence south sixty degrees west one hundred and
ninety-seven and five-tenths feet to a stake; north five degrees west one
hundred and thirty-three and five-tenths feet to a stake; thence north
forty-five degrees west ninety-four feet to a stake; thence north fifty
degrees east one hundred and five-tenths feet to a stake; thence north
sixty-one degrees forty-four minutes east seventy-two feet to a stake;
thence south fifty-eight degrees ten minutes east one hundred and twelve
and five-tenths feet to a stake; thence north sixty degrees fifty-eight
minutes east one hundred and twenty-one and five-tenths feet to a stake;
thence north three degrees thirty minutes east sixty-seven feet to a stake;
thence north twenty-nine degrees forty-four minutes west one hundred
and ninety-six feet to a stake; thence north seventy-one degrees fifty
minutes west one hundred and eighty-four feet to a stake; north twenty-six
degrees ten minutes east two hundred and eighty-four feet to a stake near
the Pound Gap road; thence north eighty-seven degrees west forty-eight
and five-tenths feet; thence north four degrees twenty minutes west two
hundred and fourteen feet to a stake; thence north thirty-two degrees fifty
minutes west one hundred and seventy-six and five-tenths feet to a stake;
thence north fifty-two degrees fifty-four minutes west one hundred and
fifty-six feet to a stake; thence north forty-nine degrees forty-eight
minutes west eighty-six and five-tenths feet to a stake; thence south
eighty-seven degrees east forty-eight and five-tenths feet to a stake; thence
north fifty-four degrees fifty minutes west ninety-three feet to a stake;
thence north twenty-one degrees thirty minutes west one hundred and
nine and five-tenths feet to a stake; thence north five degrees fifty-four
minutes east seventy-two feet to a stake; thence north seven degrees thirty
minutes east one hundred and twenty-seven feet to a stake; thence north
three degrees forty minutes west one hundred and forty-two feet to a
stake near a chestnut; thence north eighty-four degrees ten minutes east
one hundred and forty-two feet to a stake; thence north fifteen degrees
twenty-eight minutes east one hundred and six feet to a stake; thence
north fifty-nine degrees thirty-four minutes west one hundred and seventy-
eight feet to a stake; thence north thirty-two degrees thirty minutes west
one hundred and seventy-nine feet to a stake; thence north one degree
thirty-two minutes west one hundred and nine feet to a stake; thence
north sixty-eight degrees fourteen minutes east two hundred and four
and five-tenths feet to a stake; thence north fifty-four degrees forty-four
minutes east ninety-one and five-tenths feet to a stake at the mouth of a
branch that flows in from the east side of Tom’s Creek: thence leaving
Tom’s Creek south twenty-six degrees thirty minutes east eleven hundred
and eighty-two feet to a stake two small black oaks and a white oak,
pointers on a low flat ridge; thence north eighty-five degrees sixteen
minutes east nine hundred and five feet to a beech and buckeye at a
branch; thence north eighty-three degrees east nineteen hundred and
forty-six feet to a small white oak on the west bank of Stone coal branch;
thence north eighty-two degrees forty-six minutes east six hundred and
fifty-one feet to a small birch on a hillside; ‘thence south forty-one degrees
thirty minutes east one hundred and forty-six feet to a white oak on top
of a low ridge corner to Nathaniel Dickenson’s lands; thence down the
ridge with Dickenson’s line south fifty-six degrees thirty-six minutes west
eighty-two feet to a dogwood; thence south twenty degrees twenty minutes
west three hundred and seventy-eight feet to a dogwood; thence south
fourteen degrees sixteen minutes east two hundred and thirty-one and
five-tenths feet to a small white oak; thence south nine degrees two minutes
east one hundred and eighty-nine feet to a small chestnut; thence south
ten degrees thirty minutes west five hundred and fourteen and four-tenths
feet to a spotted oak; thence south thirteen degrees ten minutes east three
hundred and seventy-eight and six-tenths feet to a stake in the mortgage
line; thence reversely with said line south sixty-nine degrees forty-two
minutes west three thousand and two feet to the beginning.

§ 3. Powers of the Town of Coeburn.—In addition to the powers
elsewhere mentioned in this charter and the powers conferred by general
law and the Constitution, the said town of Coeburn shall have the follow-
ing powers:

(1) To raise annually, by the levy of taxes and assessments 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; provided, however, that it shall impose no taxes on the
bonds of the said town.

(Z) To impose special or local assessments for the local improve-
ments and to force payment thereof, subject to such limitations prescribed
by the Constitution and the 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 purposes.

(6) To acquire by purchase, gift, devise, condemnation or other-
wise, 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 huck-
sters 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, prop-
erty 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 conducting the same; to lay, erect and main-
tain all necessary mains and service lines; either within or without the
corporate limits of the said town, for the distribution of 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 con-
nection therewith; to make reasonable rules and regulations for promot-
ing 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, tribu-
tary 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 exercise of the
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 machinery and equipment, and build the
necessary roads or tramways thereto; and to operate the same for the
purpose of producing materials required for any and all purposes of
the town; and to acquire by purchase, exchange or by the exercise of
the power of eminent domain within this State, lands, machinery and
equipment, 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, offal, ashes, garbage, carcasses
of dead animals and other refuse, and make reasonable charges therefor;
to acquire and operate reduction or any other plans 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 col-
lection and disposal thereof.

(11) To inspect, test, measure and weigh any commodity or com-
modities 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.

(13) To require every owner of motor vehicles residing in the said
town, on a date to be designated by the council, to annually 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 owner 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 improve-
ments of all kinds, including municipal and other buildings, markets, and
all buildings and structures necessary or appropriate for the use and
proper operation of the various departments of the town; and to acquire
by condemnation or otherwise, all lands, riparian and other rights and
easements necessary 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, boule-
vards, parkways, and alleys; to establish and maintain parks, play-
grounds, 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 such streets, alleys, and highways, abolish and prevent grade crossings
over the same by railroads in the manner prescribed by the general law
for the elimination of grade crossings; to require any railroad company
operating a railroad at a place where any highway or street is crossed
within the town limits to install appropriate signal devices, 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 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 pro-
hibited by 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 whatsoever
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, structures, or inclosures of every
character, refreshment stands, restaurants, et cetera; to charge for ad-
mission, and use of the same, and rent out or lease the privileges of con-
struction or using such stadiums, swimming pools, recreation or amuse-
ment buildings, structures, or inclosures of every character, refreshment
stands, or restaurants, 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
reasonable amount as it may by such ordinance prescribe before furnish-
ing 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 con-
nect therewith and to establish, construct, maintain and operate sewage
disposal plants, and to acquire by condemnation or otherwise, within or
without the town, all lands, rights of ways, riparian and otber 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 general 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 from 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 stagnant water, weeds, filth, and unsightly de-
posits, 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 un-
wholesome 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 main-
tenance of billboards and generally to define, prohibit, abate, suppress
and prevent all things detrimental to the health, morals, safety 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
sanitary, and free from all weeds, filth, unsightly deposits, ice and snow.

(22) To extinguish and prevent fires, and to establish, regulate, and
control a fire department or division, to regulate the size, height, materials
and construction of buildings, fences, walls, retaining walls, and other
structures hereafter erected in such manner as the public safety and
conveniences 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;
and may enact stringent and efficient laws for securing the safety of
persons from fires in halls and buildings used for public assemblies, enter-
tainments or amusements.

(23) To direct the location of all buildings for storing explosives
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 fuodstuffs 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 owner thereof; to 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 town limits and if
necessary to the suppression of diseases, 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 performance 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 such quarantine regulations against infectious and contagious
diseases as the council may see fit, subject to the laws of the State and of
the United States.

(25) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

(26) 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.

(27) 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.

(28) To acquire in any lawful manner, for the purpose of encour-
aging commerce and manufacture, lands within or without the town not
exceeding at any one time five hundred acres in the aggregate, and from
time to time to sell or lease the same or any part thereof for industrial or
commercial uses and purposes.

(29) 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 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.

(30) To prevent any person having no visible means of support,
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. : .

(31) To exercise full police powers and establish and maintain a
department or division of police.

(82) 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 there-
from persons guilty of such conduct who have not resided therein as much
as one year.

(33) To make and enforce ordinances, not inconsistent with the
laws of this State.

(34) To prohibit and punish mischievous, wanton, or malicious
damage to schools and public property, as well as private property.

(35) To prohibit and punish minors from frequenting, playing in or
loitering in any public poolroom, billiard parlor, or bowling alley, and to
punish any proprietor or agent thereof for permitting same.

(36) To compel persons sentenced to confinement in jail of the town
for any misdemeanor or other violation of the laws or ordinances of the
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.

(37) To offer and pay rewards for the apprehension and conviction
of criminals.

(38) To give names to or alter the names of the streets.

(39) To enjoin and restrain the violation of any town ordinance or
ordinances, although a penalty is provided upon conviction of such
violation.

(40) To pass and enforce all by-laws, rules, regulations, and ordi-
nances which it may deem 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, 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.

.(41) 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, commerce, or indus-
tries of the town, or its inhabitants.

(42) 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.

(48) 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.

__ (44) 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 cor-
porate 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. —

(45) To provide by ordinance for a system of meat and milk inspec-
tion, 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.

(46) 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 owner or
lessee of an electric light, telephone or telegraph pole, or poles, or wires,
now in use or hereafter erected, to change the location or move the same;
to prescribe rules and regulations for the construction and use of con-
duits containing telephone and telegraph wires and wires and cables
carrying electricity.

§ 4. Administration and Government.—The administration and
government of the town of Coeburn shall be vested in one body to be called
the council of the town of Coeburn, which shall consist of five (5)
members, four (4) of whom shall be known as councilmen and one to be
known as mayor, all of whom shall be residents and qualified voters of
the said town. On the first day of September nineteen hundred and fifty-
two, following the regular municipal election, at the first organization
meeting, or as soon thereafter as practicable, the five members elected to
the council shall elect one of their members as mayor to serve for the
following two years, or until his successor shall have been elected and
qualified. The Council of said town shall have power to remove said Mayor
from his office for cause by a vote of three members of said Council and
to elect another member of said Council in his place and stead to serve for
the unexpired term. In the event of death, removal or vacation of office
of a Mayor his successor may be elected by the members of the Council.
A majority vote of the council shall be sufficient to elect said mayor.
The council of the said town shall have power to elect or appoint such
other officers as it may deem necessary, 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 per-
mitted, or required by law to be appointed by the council.

§ 5. The Mayor.—The mayor shall preside over the deliberations
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 executed; 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 ex-officio 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, and 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
cases shall not exceed twelve months; he shall possess all the jurisdiction
and. exercise all power and authority of a justice of the peace in civil and
criminal cases within the said limits; he shall see that peace and order
are preserved and that persons and property within the town are pro-
tected; he shall authenticate by his signature such documents and instru-
ments 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 for the town, who
shall be a qualified voter of the town, and shall serve during the pleasure
of the council. He shall, during such time as he shall serve, have exclusive
jurisdiction to try all violations of town ordinances, and the same juris-
diction in criminal cases as is conferred by law on police justices of cities,
and shall, before entering upon the discharge of his duties, qualify as
such police justices are required to qualify, and he shall receive such
compensation as may be provided by the council.

§ 6. The Powers of the Council.—The council hereinbefore created
shall have full power and authority, except as herein otherwise specifically
provided, to exercise herein all of the powers conferred 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 complete 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, re-amend and/or repeal any or all of the said ordi-
nances, for the proper regulation, management and government of the
said town and may impose fines and penalties for the violation or non-
observance thereof.

§ 7. Composition of the Council; Vacancies.—The said five council-
men shall be elected at large by the qualified voters of the town and their
terms of office shall be for four (4) years. At the June election, nineteen
hundred fifty-two, three (3) members shall be elected, who shall serve
for terms of four (4) years from September first nineteen hundred fifty-
two, and thereafter until their successors shall have been elected and
qualified; the remaining two (2) members, whose terms of office expire
September first nineteen hundred fifty-four shall be succeeded in office on
September first of that year by themselves or such other members as shall
have been elected to succeed them in the preceding June election. The
Council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason or expiration of the term of
office or removal of the members of said body, or any of them. Vacancies
in the council shall be filled within sixty (60) days after such vacancy
occurs for the unexpired term by a majority vote of the remaining mem-
bers of the council, except where otherwise inconsistent with the provisions
of this Charter.

§ 8. Salaries—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, but in no event to exceed nine hundred dollars per
annum. The four (4) councilmen, as now constituted or hereafter elected,
may receive a salary to be fixed by the said council, not to exceed fifty
dollars per annum for each councilman. The salary of the mayor and
councilmen, if any, when fixed shall so continue until changed by the
council, and shall be payable out of the treasury of the town in monthly
installments. The council shall fix the salary of its clerk, and such other
officers, agents, and employees as it may deem appropriate; provided, no
salary shall be fixed for a period to exceed one year.

§ 9. The Meetings of the Council.—The council shall by ordinance
adopt such rules as it might deem proper for the regulation of its pro-
ceedings 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 trans-
action 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
sergeant, 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. No ordinance or resolution appropriating
money exceeding the sum of five hundred dollars, imposing taxes, or
authorizing the borrowing of money, shall be passed by the council on the
same day on which it is introduced, nor shall any such ordinance or resolu-
tion be valid until at least three days intervene between its introduction
and the date of passage. No ordinance or resolution appropriating money
exceeding the sum of one hundred dollars, imposing taxes or authorizing
the borrowing of money, shall be passed except by the recorded affirmative
vote of a majority of all members elected to the council. 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 citizens may have access to the
minutes and records of the council at any reasonable time.

§ 10. Council; Chairman Pro Tem.—tThe council shall, as soon as
this act takes effect, elect from its membership a chairman pro tem 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; and at the
first meeting of each new and succeeding council elected hereunder such
chairman pro tem shall be elected.

§ 11. Elections.—The time of holding and the method of conducting
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-two, and every two years thereafter.

§ 12. Bond.—All officers, elected or appointed under the provisions
of this charter, shall, unless otherwise provided under general law or by
this charter, or by ordinance of the council, execute such bond, with such
approved corporate security as may be required by general law, by this
charter, or by ordinance or resolution of the council, and file the same
with the town clerk before entering upon the discharge of their duties;
and in event of default on the part of any bonded municipal officer, the
town shall have the same remedies against him and his sureties as are
provided for the State in enforcing the penalty of any official bond given
to it.

§ 138. Oaths.—All officers elected or appointed under the provi-
sions of this charter shall take the oath of office required by general
law before entering upon the discharge of his duties, and if these re-
quirements have not been complied with within thirty days after the term
of office shall have begun or after his appointment to fill a vacancy, then
such office shall be considered vacant.
§ 14. The Town Clerk.—The town clerk shall be appointed by the
council, and shall attend the meetings of the council and shall keep perma-
nent records of its proceedings; he shall be custodian of the town seal and
shall affix it to all documents and instruments 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 communications to the council of the final action of the council on
such communications or petitions; he shall give to the proper department
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.

§ 15. The Town Treasurer.—There shall be appointed by the coun-
cil 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 all evidences of value belong-
ing 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
receipts 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 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 deter-
mined by ordinance or the provisions of the law applicable thereto; he
shall pay no money out of the treasury, except in the manner prscribed 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
relation to the assessment of property for town taxation and town license
taxes and shall have power to administer oaths in the performance 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 necessary or convenient, 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 payable to the town, which person may be
the town sergeant, or superintendent of water works, but before entering
upon the discharge of his duties, such person shall execute a bond in
such amount and with such security as the council by ordinance may
prescribe. The treasurer shall be subject to the supervision of the council
of the Town of Coeburn and shall perform such other duties not inconsis-
tent with his office as may be required of him by the town council; and
he shall make all such reports as may be required by the council. The
said treasurer and sergeant may be one and the same person if the council
may deem it more expedient.

§ 16. Town Sergeant.—There shall be appointed by the council a
town sergeant who shall qualify and give bond in such amount as the
council may require. He shall be vested with powers of a conservator of
the peace, and shall have the same powers and discharge the same duties
as a constable within the corporate limits of the town and to a distance
of one mile beyond the same, and shall perform such other duties as may
be from time to time prescribed by the council.

§ 16A—Whce Shall Be Eligible to Appointment as Town Treasurer,
Town Sergearit, -<nd Town Clerk.—No member of the town council, or one
who is elected to such office of town council, shall be eligible to appoint-
ment or election to the office of town treasurer, town sergeant, or town
clerk, during the period for which he has been elected.

§ 17. Tax Lien on Real Estate.—A lien shall exist on all real estate
within the corporate limits for taxes, levies and assessments in favor of
the town, assessed thereon from the commencement of the year for which
the same were assessed and the procedure for collecting the said taxes, for
selling rea] estate for town taxes and for the redemption of real estate
sold for town taxes shall be the same as provided 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. |

§ 18. Tax Remedies; Personal Property.—All goods and chattels
wheresoever found may be distrained and sold for taxes and licenses
assessed and due thereon; and no deed of trust or mortgage upon
goods and chattels shall prevent the same from being distrained and sold
for taxes and licenses assessed against the grantor in such deed while
such goods and chattels remain in the grantor’s possession.

§ 19. License Taxes.—License taxes may be imposed by ordinance
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 requirea by ordinance, to
such fine or penalty as it has authority to impose for any violation of its
aws.

§ 20. Audit of Accounts.—Upon the death, resignation, removal 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 employees. The
council may at any time provide for an examination or audit of the
accounts of any officer or department of the town government.

§ 21. Subdividing Lands, Dedication of Streets, Recording Plats.—
Every owner or proprietor of any tract of land who may hereafter sub-
divide the same into three or more parts for the purpose of creating a
subdivision shall conform to the general laws of the State of Virginia,
in the preparation of the plat, laying out and dedication of streets, alleys,
and lanes, and recordation thereof, except as herein otherwise provided,
but in no event shall the Town of Coeburn be held responsible for the
upkeep of any street; alley or lane, or be held liable for any accidents
which may occur upon such streets, alleys or lanes until after the dedica-
tion of such streets, alleys or lanes shall have been accepted by or de-
clared by ordinance of the town council.

§ 22. Municipal Securities—Bonds, notes and other evidences of
indebtedness may be issued by the town for such purposes and in such
manner as are prescribed by chapter one hundred and twenty-two of the
Code of Virginia, the Constitution, or any other general statute on the
subject of bond issues by towns or the issue of other municipal securities,
except that before the council may act under the general laws upon the
question of a bond issue there shall be presented to the said council a peti-
tion signed by a majority of the holders of real estate in said town as
shown by the last assessment for taxation purposes, which shall request
that the council proceed in the matter of issuing bonds in accordance with
the provisions of law; but provided that the aforesaid exception shall not
apply to certificates of indebtedness, revenue bonds or other obligations
issued in anticipation of the collection of the revenue of the town for
the then current year, if such certificates, bonds or other obligations
mature within one year from the date of their issue, and be not past due,
and do not exceed the revenue for such year.

§ 23. Sinking Fund Provision. (a) There shall be set apart an-
nually from the revenues of the town a sinking fund sufficient in amount,
to be invested as hereinafter set forth, to pay the outstanding indebted-
ness of the town as it matures and which by its terms is not payable in
one year, and the council may in its discretion annually from time to time,
set aside such additional sinking funds as may be deemed proper. (b)
When taxes on real. and personal property are collected for the year the
town treasurer shall take therefrom the necessary amount of any addi-
tional sum, if any, so set apart, and deposit the same in a separate account
to the credit of the sinking fund in such bank or banks as the council may
designate; and the said council may, if it shall so elect, cause its sinking
fund to be loaned on improved real estate situated in the Town of Coeburn,
secured by first mortgage liens thereon, provided such funds shall not be
loaned to a greater amount than fifty per centum of the fair market value
of the property, and fire insurance shall be carried on the property during
the loan in an amount at least equal to the face amount of the loan, which
money shall be loaned at the rate of six per centum per annum, payable
semi-annually and for no longer than five years at any one time. (c) All
sinking funds shall be used exclusively in the payment or purchase and
redemption of the outstanding bonds of the town, and when such sinking
funds are not required or may not within a reasonable time be required
for payment of any bond of the town, or cannot be used to advantage
in the purchase and redemption of any bonds of the town,which may be
outstanding, the same shall be securely invested in interest bearing mu-
nicipal, State or government bonds or loaned upon otherwise unencum-
bered real estate, within the Town of Coeburn upon the basis hereinbefore
provided, or invested in any securities approved by the general laws of
the State for the investment of such funds, or deposited in a bank on a
reasonable rate of interest. Such sinking fund may be used in the payment
or purchase and redemption of all bonds of the town at the discretion of
the council. (d) The town council shall act as the sinking fund commis-
sion and shall provide for the investment, deposit and application of the
funds in conformity to the provisions of this charter; and it may require
of any bank or banks receiving on deposit its revenues or any of its
sinking fund a fidelity bond.

§ 24. 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 where the
town cannot obtain the title to property necessary for such purposes, it
may proceed to condemn the same in the mode prescribed by the Constitu-
tion and general laws of the State.

§ 25. Actions against Town; Damages.—(a) No action shall be
maintained against the town for damages for any injury to any person or
property or for wrongful death alleged to have been sustained by reason
of the negligence of the town or of any officer, agent, or employee thereof,
unless a written statement, by the claimant, his agent or attorney, or
the personal representative of any decedent whose death is a result of the
alleged negligence of the town, its officer, agents or employees, of the
nature of the claim and the time and place at which the injury is alleged
to have occurred or to have been received, shall have been filed with the
mayor or an attorney appointed by the council for this purpose within
sixty days after such cause of action shall have accrued, except that when
the claimant is an infant or non compos mentis, or the injured party dies
within such sixty days, such statement may be filed within one hundred
and twenty days. And no officers, agents or employees of the town shall
have authority to waive such conditions precedent or any of them. (b) No
order shall be made, and no injunction shall be awarded, by any court or
judge, to stay the proceedings of the town in the prosecution of their
works, unless it be manifest that they, their officers, agents or servants are
transcending the authority given them by this act, and that the interposi-
tion of the court is necessary to prevent injury that cannot be adequately
compensated in damages.

§ 26. Investigations.—The council, the mayor, and any officer, board
or commission authorized by them or either of them, shall have 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 to produce such books and 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.

, Books, Records, Et Cetera.—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 section responsible for the keeping of such books, records, and docu-
ments 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, deliver to the town clerk all such records and documents.
Any such officer or person failing to deliver such books, records, or docu-
ments, as required by this section, shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished as the council may
have by ordinance provided.

§ 28. Validation of Contracts.—All contracts and obligations here-
tofore or hereafter made by the council of the Town of Coeburn, while in
office, not inconsistent with this charter, or the Constitution, or the general
laws of this State shall be, and are hereby declared to be valid and legal.

§ 29. Ordinances to Continue in Force.—All ordinances now in force
in the Town of Coeburn, not inconsistent with this charter shall be and
remain in force until altered, amended or repealed by the council of the
said town.

§ 30. Partial Invalidity—If any clause, sentence, paragraph, or
part of this act, shall for any reason be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of the said act, but shall be confined in its
operations to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which said judgment shall have been
rendered.

_ § 31. Repealing Clause.—All acts or parts of acts in conflict with
this charter, in so far as they affect the provisions of this charter, and
all former charters and amendments thereto for the Town of Coeburn,
Virginia, are hereby repealed.

§ 32. Citation of Act.—This act may for all purposes be referred
to or cited as the Coeburn charter of nineteen hundred and fifty-two.
2. An emergency is hereby declared to exist, and this act shall be in
force and effect from its passage. ,