CHAPTER 276

An Act to provide a new charter for the town of Richlands, in the county
of Tazewell, Virginia; and to repeal Chapter 289 of the Acts of
Assembly of 1934, approved March 28, 1934, which provided a charter
for such town, and all amendments thereof.

[H 47]

Approved March 15, 1954
Be it enacted by the General Assembly of Virginia:

ARTICLE I—INCORPORATION

1. § 1.1. Incorporation. The inhabitants of the territory embraced
within the present limits of the town of Richlands, as hereinafter defined,
or as the same hereafter may be altered or established by law, shall con-
stitute and continue a body politic and corporate, to be known and desig-
nated as the town of Richlands, and as such shall have perpetual succession,
may sue and be sued, contract and be contracted with, and may have a
corporate seal which it may alter, renew, or amend at its pleasure.

§ 1.2. Form of Government. The municipal government provided
by this charter shall be known as the ‘“‘town manager plan’. Pursuant to
its provisions and subject to the Constitution and general laws of the
Commonwealth, all powers of the town shall be vested in an elective council,
hereinafter referred to as “the council”, which shall enact local legis-
lation, adopt budgets, determine policies, and appoint the town manager,
who shall execute the laws and administer the government of the town.

§ 1.8. Boundaries. The boundaries of the town shall be as established
by order of the Circuit Court of Tazewell County, Virginia, entered at the
April term of court, April 24, 1948.

Present: The Honorable Vincent L. Sexton, Jr., Judge
Presiding
The Honorable Walter H. Robertson, Judge
The Honorable George Morton, Judge
Town of Richlands, Virginia Plaintiff

The Board of Supervisors of Tazewell County,
Virginia, and others, Defendants
ORDER. NOTICE OF MOTION OF ANNEXATION
The territory contained within the following boundaries in Tazewell
County, shall constitute the town of Richlands, to-wit: “Beginning at the
most westerly corner of the present corporate limits of the town of Rich-
lands, on or near the top of Brooklyn Ridge; thence leaving said corporate
corner, N. 66° 30’ W. 3868.76 feet crossing Little Town Hill Creek to a
point in the Town Hill Creek public road under the Appalachian Electric
Power Co. lines; thence S. 14° 00” W. 830.0 feet crossing Town Hill Creek
and Town Hill Creek Extension of the Norfolk and Western Railway Com-
pany’s right of way, to a point; thence S. 41° 00’ W. 697.0 feet to a point;
thence S. 55° 10’ W. 150.63 feet to a point, then Northeast corner of Lot
No. 9 in Dixon Subdivision and on the East side of a road or street leading
from Highway No. 460 to coal mines; thence along the Southeast, East
and South side of said road (as per map of said subdivision signed by W.
E. Penney) as follows: S. 26° 23’ W. 124.7 feet; thence S. 58° 17’ W. 128.4
feet; thence S. 45° 46 W. 312.85 feet; thence S. 5° 15’ E. 262.49 feet;
thence S. 53° 35’ W. 83.88 feet; thence N. 89° 26’ W. 69.4 feet; thence N.
58° 56’ W. 107.1 feet to a point, a corner to lot No. 1; thence leaving said
road side line, S. 21° 16’ E. 596.1 feet crossing said lot, said above men-
tioned road or street and Highway No. 460 to a point on the said Clinch
Valley Division of the Norfolk and Western Railway Company; thence S.
23° 00’ E. 223.75 feet to a point in Clinch River; thence up said river with
the meanderings of same near the following bearings and distances: N.
84° 28 E. 471.51 feet; thence S. 26° 41’ E. 366.37 feet; thence S. 22° 46’
E. 102.66 feet; thence S. 67° 24’ E. 133.98 feet; thence N. 79° 53’ E. 64.3
feet; thence S. 84° 53’ E. 258.52 feet; thence S. 65° 27’ E. 136.41 feet;
thence S. 41° 05’ E. 144.41 feet; thence S. 22° 44’ E. 331.6 feet; thence S.
44° 42’ EK. 147.61 feet; thence S. 50° 20’ E. 181.99 feet; thence S. 57° 55” E.
223.03 feet; thence S. 30° 08’ E. 158.29 feet; thence S. 46° 13’ E. 461.47
feet; thence S. 61° 10’ E. 269.76 feet; thence N. 87° 20’ E. 185.94 feet;
thence N. 57° 02’ E. 490.08 feet to a point in said river at or near the mouth
of a branch; thence leaving said river, S. 52° 12’ E. 507.78 feet to a syca-
more tree on the East side of the “Cliff Branch Road”; thence S. 40° 34’ E.
204.79 feet along the East side of said road to a black walnut tree on the
said East side of said road; thence S. 57° 08’ E. 245.5 feet along the said
East side of said road to a point at the forks of the road leading toward
Richlands; thence S. 28° 54’ E. 124.3 feet to a point; thence S. 65° 58’ W.
293.7 feet part of the way with the Carter Subdivision to a point, a corner
of said Subdivision; thence along the West side lines of said Subdivision,
S. 1° 28” E. 220.0 feet; thence S. 44° 55’ E. 353.76 feet; thence S. 26° 51’ E.
7179.27 feet; thence N. 62° 40’ E. 125 feet; thence S. 71° 21’ E. 481.92 feet
to a point, a corner to said subdivision, on the North bank of the public road
leading from Richlands to Wardell; thence leaving said Subdivision, South
18 feet to a point in said public road; thence S. 25° 05’ E. 352.2 feet with
a line separating the lands of Mrs. Lena Carter and William Dye to a
corner post, a corner to said Mrs. Carter, William Dye and Carl Horton;
thence 8. 76° 39’ E. 1262.74 feet to a point on top of a knob; thence N.
69° 21’ E. 2117.81 feet crossing a public road to a point little to the North
of the top of a ridge (situated S. 12° W. 19 feet from a buckeye corner) ;
thence N. 77° 26’ E. 654.58 feet to a point on flat top of said ridge; thence
N. 71° 00’ E. 484.0 feet to a point on top of a knob; thence S. 77° 12’ E.
1946.97 feet to two small white oaks on top of ridge little to the West part
of a sharp knob; thence N. 63° 58’ E. 715.35 feet to a corner fence post
on South Side line of McGuire Street of the McGuire Addition; thence N.
44° 24’ BK. 480.34 feet along the South side line of said street to a black
oak tree on the South side of said Street and the West side of a public
road; thence N. 49° 20’ E. 456 feet to a point on the West side of Clinch
River on corporate line of Cedar Bluff; thence along the lines of said Cor-
poration, and down the West side of said river, N. 6° 00’ E. 163 feet;
thence N. 0° 15’ E. 447 feet; thence N. 19° 14” W. 189.28 feet to a point;
thence leaving the West side of said river, N. 89° 48’ E. 375.09 feet cross-
ing said river, the Clinch Valley Division of the Norfolk and Western Rail-
way and the public road to a black oak tree at fence; thence S. 76° 32’ E.
331.54 feet to a double chestnut oak at fence; thence S. 89° 12’ E. 297.6
feet to a point on top of a spur; thence N. 35° 42’ W. 223.94 feet; thence
N. 3° 38’ E. 123.43 feet; thence N. 50° 52’ E. 468.97 feet to a point on the
South right of way line of Highway No. 460; thence leaving said Cedar
Bluff corporate lines, N. 1° 25’ E. 346.62 feet crossing said highway and
with the West side line of Jones Subdivision to a point, a corner to said
Subdivision ; thence leaving same, N. 14° 47’ W. 1309.83 feet to a point on
a high knob; thence N. 40° 10’ W. 1968.62 feet to a point in a public road
known as the “Kentucky Turnpike” at the crossing of a small branch;
thence N. 7° 58 W. 2976.43 feet to a point on the center line of the
Norfolk and Western Railway at or near the center line of the West Fork
of Big Creek; thence N. 0° 55’ W. 138.0 feet to a point on the West side
of said West Fork of Big Creek and the South side line of the public road
leading from Richlands to Jewell Ridge; thence along the South side line
of said public road, S. 55° 29 W. 185.6 feet; thence S. 68° 26’ W. 720.9
feet; thence S. 65° 10’ W. 60 feet; thence S. 60° 42’ W. 50 feet; thence
S. 50° 19° W. 60 feet; thence S. 39° 22’ W. 63.27 feet to a point on the
North side line of said public road and the North side line of the right of
way of the Big Creek Extension of the Norfolk and Western Railway;
thence along the North, Northwest and West side line of said right of
way to said railway with a curve to the right with a radius of near 2322
feet, a distance 342.55 feet to a point; thence S. 78° 58’ W. 804.3 feet
to a point; thence with a curve to the left with a radius of near 478.3 feet,
a distance of 773.9 feet to a point; thence S. 9° 10 E. 262 feet to a point
on the West side line of said right of way to said railway and in the
present corporate line; thence leaving Norfolk and Western Railway right
of way and by lines of present corporate lines (with 1° 30’ West Variation),
S. 88° 30’ E. 2235 feet; thence S. 1° 30’ W. 3420 feet to a point on the
South side of the right of way of Clinch Valley Division of the Norfolk
and Western Railway; thence S. 70° 30’ E. 340 feet; thence N. 85° 40’ E.
530 feet; thence S. 28° 20’ E. 370 feet; thence S. 2° 40’ E. 800 feet; thence
S. 7° 20 W. 250 feet; thence S. 84° 30’ W. 796.5 feet; thence S. 58° 00” W.
294.5 feet; thence S. 2° 20’ E. 600 feet; thence N. 83° 00’ W. 4765 feet;
thence N. 3° 00’ W. 449.7 feet; thence N. 13° 30’ W. 429 feet; thence
N. 36° 58 W. 848 feet to a set stone on the North right of way to the said
railway; thence N. 36° 58’ W. 1130 feet near the South bank of Clinch
River; thence N. 41° 30’ W. 903 feet to the BEGINNING.”
ARTICLE II.—POWERS

§ 2.1. General Grant of Powers. The town of Richlands shall have
and may exercise all powers which are now or may hereafter be conferred
upon or delegated to towns under the Constitution and the laws of the
Commonwealth and all other powers pertinent to the conduct of a town
government the exercise of which is not in conflict with the said Constitu-
tion and laws of the Commonwealth of Virginia and which, in the opinion
of the council are necessary or desirable to promote the general welfare
of the town and the safety, health, peace, good order, comfort, convenience,
and morals of its inhabitants, as fully and completely as though such
powers were specifically enumerated in this charter, and no enumeration
of particular powers in this charter shall be held to be exclusive but shall
be held to be in addition to this general grant of powers.

§ 2.2. Financial powers. In addition to the powers granted by other
sections of this charter the town is empowered:

§ 2.201. To raise annually by levy of taxes and assessments in the
town on all property, real and personal, as it now or may be subject to
taxation by towns by the laws of this Commonwealth, such sums of money
as the council shall deem necessary for the purposes of the town, in the
manner as the council shall deem expedient in accordance with the con-
stitution of this State and of the United States.

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

§ 2.203. To require the owner of every motor vehicle kept or habit-
ually used in the town, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license to operate the same
by making application to the town treasurer, or such other person as may
be designated by the council to issue said license, and to require the vehicle
owner to pay an annual license fee therefor to be fixed by the council
provided that the license shall not exceed the amount charged by the State
on the said vehicle.

§ 2.204. To establish, levy, and collect, except when prohibited by
general law, a tax or license on any person, firm, or corporation pursuing
or conducting any trade, business, profession, occupation, employment or
calling whatsoever within the boundaries of the town, whether a license
may be required therefor by the State or not, and may exceed the State
vaca if any be required and may provide penalties for nonpayment
thereof. |

§ 2.205. To establish, levy and collect taxes for admission to or other
charges for any public amusement, entertainment, performance, exhibition,
lecture, sport or athletic event in the town, which taxes may be added to
and collected with the price of such admission or other charge.

§ 2.206. To establish, levy, and collect taxes upon the amount paid
for the use of water, electricity, gas, telephone or other public utility
service used within the town, which taxes may be added to and collected
with the bills rendered the purchasers of such service.

§ 2.207. To establish, levy, and collect a tax on all subjects of taxa-
tion not prohibited to it by, nor exempted in, the Constitution and general
laws of Virginia.

§ 2.208. To establish, levy, and enforce the collection of water and
sewage rates and charges, and rates and charges for public utilities, prod-
ucts, 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. In
the event such rates and charges are assessed against the owner or owners
such rates and charges, together with such penalties and interest not to
exceed six per centum as the council may by ordinance prescribe, shall
constitute and be a lien against the real estate and buildings in or on which
such service is rendered and may be filed in the clerk’s office of the Circuit
Court of Tazewell County and collected in the same manner as delinquent
taxes are filed and collected; and in the 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 ordi-
nance prescribe before furnishing such service to such tenant.

§ 2.209. To charge and to collect fees for permits to use public facili-
ties 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 services to citizens within the corporate limits.

§ 2.210. To accept or refuse gifts, donations, bequests, or grants
from any source for any purpose related to the powers and duties of the
town government.

§ 2.211. To provide, or aid in the support of, public libraries, public
schools, and public hospitals.

§ 2.212. To provide for the control and management of the fiscal
affairs of the town, and prescribe and require the adoption and keeping of
such books, records, accounts and systems of acounting as may be neces-
sary to give full and true accounts of the affairs, resources, and revenues
of the town and the handling, use and disposal thereof.

§ 2.214. To borrow money, contract debts and make and issue or
cause to be made and issued, as evidence thereof, bonds, notes, or other
obligations, within the limitations prescribed by the Constitution, and in
acordance with the provisions of the law concerning bond issues by towns,
upon the credit of the town, or solely upon the credit of specific property
owned by the town, or solely upon the credit of income derived from prop-
piel used in connection with any public utility owner or operated by the

wn.

§ 2.215. To expend the money of the town for all lawful purposes.

§ 2.3. Powers Relating to Public Works. Utilities and Properties.
In addition to the powers granted by other sections of this charter, the
town is empowered:

§ 2.301. 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.

§ 2.302. To own, operate and maintain water works; to acquire in any
lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council may deem necessary for the pur-
pose of providing an adequate water supply to the town and of piping and
conducting the same; to lay, erect and maintain all necessary mains and
service lines, either within or without the corporate limits of the town
for the distribution of water to its customers and consumers, both within
and without the corporate limits of the town and to charge and collect
water rents thereof; 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 water supply and for
protecting the same from pollution; and for this purpose to exercise full
police powers and sanitary control over all land owned or leased by the
town 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 town may exercise within the
State all powers of eminent domain provided by the laws of this State.

§ 2.303. To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories, sew-
age disposal plants, jails, comfort stations, 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, as may be provided by law, all lands, riparian and other rights,
and easements necessary for such improvements, or any of them; either
within or without the town; and to construct, maintain or aid therein,
roads and bridges to any property owned by the town and situated beyond
the corporate limits thereof, and to acquire the land necessary for the
aforesaid by condemnation or otherwise, as may be provided by law.
§ 2.304. To survey, establish, enter, open, widen, extend, grade, con-
struct, pave, maintain, light, sprinkle, and clean, public streets, highways,
alleys, sidewalks, parkways or parks and to relocate, alter or close the
same; to regulate the weight of loads to be haulded or carried over and
upon the streets in so far 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 obstruc-
tion, destruction or injury of any of such streets, alleys or highways; in
conformity with and subject to general State laws in effect from time to
time, 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 by the council;
to regulate the operation and speed of all cars, motorcycles, bicycles or
vehicles upon said streets or highways as well as the speed of all engines,
cars, of 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 wired or constructed to change the location or remove the
same; to construct, maintain and operate bridges, viaducts, subways, tun-
nels, sewers, and drains; to plant, maintain or remove shade trees along
the streets and upon public grounds; and to do all other things whatsoever
to make said streets and highways safe, convenient and attractive.

§ 2.305. To establish, maintain, and regulate the use of parks, golf
courses, playgrounds, and public grounds, and to keep them lighted and in
good order; to construct in such parks, playgrounds, and public grounds,
as the town may maintain, or upon any town property, stadia, swimming
pools, gymnasia, and recreation or amusement buildings, structures, or en-
closures of every character, refreshment stands, restaurants, et cetera;
to charge admission for use of the same, and to rent out or lease the priv-
ileges of constructing or using such stadia, swimming pools, recreation or
amusement buildings, structures, or enclosures of every character, refresh-
ment stands or restaurants, et cetera.

§ 2.306. To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to con-
nect therewith; to establish, construct, maintain and operate sewage dis-
posal plants; to acquire by condemnation 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 costs of service for connection
with and using the same.

§ 2.307. To grant franchises for public utilities subject to the pro-
visions of the Constitution and general laws of Virginia and this charter;
provided, however, the town shall at any time have the power to contract
for, own, operate, manage, sell, encumber or otherwise dispose of, either
within or without the town, any and all public utilities for the town and
to sell the services thereof, subject to existing franchises but no utility
shall be sold except by an expressed consent of the citizens by referendum.
} § 2.308. 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 corpo-
rate 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.

§ 2.309. To establish, maintain and operate a landing field or airport
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 appurtenances necessary for the use of such landing field or airport
and prescribe and enforce rules and regulations not in conflict with the
laws, rules and regulations prescribed by the State of Virginia and the
Hederal Government, for the use and protection of such landing field or
airport.

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

§ 2.311 (omitted)

§ 2.312. To acquire, construct, own, maintain and operate, within
and without the town places for parking or storage of vehicles by the
public which shall include but shall not be limited to parking lots, garages,
buildings and other lands, structures, equipment and facilities, when in
the opinion of the council they are necessary to relieve congestion in the
use of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the town government or by
a board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such places
or any portions thereof, pursuant to lease or agreement, upon such terms
and conditions as the council may determine by ordinance; and charge
or authorize the charging of compensation for the parking or storage of
vehicles or other services at or in such places.

§ 2.313. To accept, by ordinance, or to refuse the dedication of streets,
alleys, easements or other public use or purpose unless the title to the
same be acquired in fee simple in accordance with any subdivision regula-
tions adopted under the provisions of Article VII.

§ 2.314. To exercise the power of eminent domain within the town
for any lawful purpose of the town; and without the town limits for any
property required for any of the town’s public utilities.

§ 2.4. Power to Make Regulations for the Preservation of the Safety,
Health, Peace, Good Order, Comfort, Convenience, Morals and Welfare
of the Town and its Inhabitants. In addition to the powers granted by
other sections of this charter, the town shall have power to pass and en-
force by-laws, rules, regulations, and ordinances, not in conflict with this
charter or prohibited by the general laws of the Commonwealth for the
preservation of the safety, health, peace, good order, comfort, convenience,
morals and welfare of its inhabitants, and among such powers, but not in
limitation thereof, the town is empowered:

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

§ 2.402. To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town; and to estab-
lish, regulate, license and inspect weights, meters, measures and scales.

§ 2.408. 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.

§ 2.404. To compel the abatement and removal of all nuisances with-
in 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 deposits,
or to make them so at the expense of the owners or occupants thereof;
and to collect said expenses by suit or motion or by distress and sale; to
pass and enforce any ordinance that may be necessary to the public safety
for the control of dogs; to regulate, or prevent slaughter houses or other
noisome or offensive business within the town, the keeping of hogs, or
other animals, poultry or other fowl therein, or the exercise of any danger-
ous or unwholesome business, trade or employment therein; to regulate
the transportation of all articles through the streets of the town; to com-
pel the abatement of smoke and dust and prevent unnecessary noise; to
regulate the location of stables and manner in which they shall be kept
and constructed; to regulate the location, construction, operation, and
maintenance of billboards, signs, advertising, and generally to define, pro-
hibit, abate, suppress and prevent all things deterimental to the health,
morals, aesthetic sensibilities, safety, convenience and welfare of the in-
habitants 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.

§ 2.405. To extinguish and prevent fires, and to establish, regulate
and control a fire department or division; to regulate the size, height, ma-
terials 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 recon-
structed any building, structure or addition thereto which by reason of
dilapidation, defect of structure or other causes may have become danger-
ous to life or property, or which may be erected contrary to law; to estab-
lish and designate from time to time fire limits, within which limits wooden
buildings shall not be constructed, added to, enlarged or repaired and to
direct that any or all future buildings within such limits shall be con-
structed of stone, natural or artificial, concrete, brick, iron or other fire-
proof materials; and may enact stringent and efficient laws for securing
the safety of persons from fires in halls and buildings used for public
assemblies, entertainments, or amusements.

§ 2.406. To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gun powder,
nitroglycerine, kerosene oil or other like materials; to regulate the dis-
charge of firearms, and the making of bonfires in the streets and yards;
to prohibit the sale and use of fireworks.

§ 2.407. To provide for regular and safe construction of houses in
the town for the future; and to provide a building code for the town, and
set back lines on the streets.

§ 2.408. To provide for the preservation of the general health of the
inhabitants of the town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in the town of any article
or thing intended for human consumption, which is adulterated, impure or
otherwise dangerous to health, and to condemn, seize and destroy or other-
wise 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 disease, to enforce the removal of persons afflicted with
contagious or infectious diseases to hospitals provided for them; to con-
struct and maintain or to aid in the construction and maintenance of a
hospital or hospitals for the use of the people of the town.

§ 2.409. To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.

§ 2.410. To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to subject
the same to such taxes, regulations and penalties as the council may think
proper.

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

§ 2.412. To control, regulate, limit and restrict in so far as not pro-
hibited by general law the operation of motor vehicles carrying passengers
for hire upon the streets and 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 the 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.

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

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

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

§ 2.416. To offer and pay rewards for the apprehension and convic-
tion of criminals; to compel persons sentenced to confinement in the jail
of the town for any misdemeanor or other violation of the laws or ordi-
nances 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 police 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 pur-
pose of carrying into effect the police regulations of said town, the town
shall be allowed the use of jails of other counties or municipalities 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.

§ 2.417. To prohibit begging, soliciting, or the peddling or hawking
of any article for sale on the streets of the town, provided that such
prohibitions shall not be applied with respect to persons duly licensed and
regulated by the Commonwealth of Virginia.

§ 2.418. To punish for releasing or attempting to release a prisoner,
or {nterfering in any manner with an officer in the exercise of his official

uties.

§ 2.419. To make and enforce ordinances to regulate, control, license
and tax the manufacture, bottling, sale, distribution, handling, advertising,
possession, dispensing, drinking, and use of alcohol, and all liquids, bever-
ages and articles containing alcohol obtained by distillation, fermentation
or otherwise; provided, 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 bever-
ages, liquids, and articles.

§ 2.420. To provide for the protection of the town’s property, real and
personal, the prevention of the pollution of the town’s water supply, and
the regulation of the use of parks, playgrounds, playfields, recreational
facilities, cemeteries, airports and other public property, whether located
within or without the town. For the purpose of enforcing such regulations
all town property wherever located shall be under the police jurisdiction
of the town. Any member of the police force of the town or employee
thereof appointed as a special policeman shall have power to make arrests
for violation of any ordinance, rule or regulation adopted pursuant to this
section and the police justice shall have jurisdiction in all cases arising
thereunder within the town and the trial justice court of the county where-
in the offense occurs shall have jurisdiction of all cases arising thereunder
without the town.

§ 2.421. To prescribe the location in, under or over, and grant per-
mits for the use of, streets, alleys, and other public places for the mainte-
nance and operation of tracks, poles, wires, cables, pipes, conducts, bridges,
subways, vaults, sewers, areas and cellars; require tracks, poles, wires,
cables, pipes, conduits and bridges to be altered, removed or relocated
either permanently or temporarily ; charge and collect compensation for the
privileges so granted and prohibit such use of the streets, alleys and other
public places of the town, and no such use shall be made of the streets,
alleys or other public places of the town without the consent of the council.

§ 2.422. To prevent any obstruction of or encroachment over, under
or in any street, alley, sidewalk or other public place; provided penalties
for maintaining any such obstruction or encroachment; remove the same
and charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroached, and collect the sum charged
in any manner provided by law for the collection of taxes; require the
owner or owners or the occupant or occupants of the property so obstruct-
ing or encroaching to remove the same; authorize encroachments upon
streets, alleys, sidewalks or other public places, subject to such terms and
conditions as the council may prescribe, and recover possession of any
street, alley, sidewalk or other public place or any other property of the
town by suit or action.

§ 2.423. To regulate, in the interest of public health, the production,
preparation, distribution, and sale of milk, other beverages and foods for
human consumption, and the places within the town in which they are pro-
duced, prepared, distributed, sold, served or stored; regulate the construc-
tion, installation, maintenance and condition of all water and sewer pipes,
connections, toilets, water closets and plumbing fixtures of all kinds; regu-
late the construction and use of septic tanks and dry closets, and the sanita-
tion of swimming pools, compel the use of sewers, the connection of abut-
ting premises therewith, and the installation in such premises of suitable
sanitary facilities; regulate or prohibit connections to and use of sewers;
to prevent the connecting of roof drains and storm sewers to the sanitary
sewer system; to regulate or prohibit the use of garbage disposal units
connected to the sanitary sewer system; and make and enforce all regula-
tions necessary to preserve and promote public health and sanitation and
prow’ the inhabitants of the town from contagious, infectious or other

iseases.

§ 2.424. To regulate the light, ventilation, sanitation and use and
occupancy of buildings heretofore or hereafter constructed, altered, re-
modeled or improved, and the sanitation of the premises surrounding the

§ 2.425. To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided for conviction of such viola-

ion.

§ 2.426. To prescribe penalties for the violation of any town ordi-
nance, rule, or regulation, not exceeding five hundred dollars or twelve
months imprisonment in jail, or both, but not exceeding any penalty estab-
lished by the Commonweatlh for a similar offense.
CH. 276] ACTS OF ASSEMBLY 343

§ 2.427. To make and adopt a comprehensive plan for the town, and
to that end all plats and re-plats hereafter made subdividing any land
within the town or within two miles thereof, into streets, alleys, roads, and
lots or tracts shall be submitted to and approved by the council or such
official or board, including the Richlands Planning Commission, as the
council designates in any regulations controlling the orderly subdivision
of land it may adopt before such plats or replats are filed for record or
recorded in the office of the clerk of Tazewell County, Virginia.

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

§ 2.429. To declare the practice of going in and upon private resi-
dences in the town of Richlands by solicitors, peddlers, hawkers, itinerant
merchants or transient vendors of merchandise not having been requested
or invited so to do by the owner or owners, occupant or occupants of said
private residences, for the purpose of soliciting orders for the sale of
goods, wares and merchandise and/or disposing of and/or peddling
or hawking to be a nuisance and punishable as such as a misdemeanor,
provided that the power referred to in this section shall not apply with
respect to persons duly licensed and regulated by the Commonwealth of
Virginia.

§ 2.480. To create a sinking fund commission to have full power and
control over and administration of a sinking fund or funds for the redemp-
tion of bonds, issued heretofore or issued hereafter, in conformity with

general law.
ARTICLE III—THE COUNCIL

§ 3.1. Creation and Composition. The Mayor and Council of the
town of Richlands shall consist of a mayor and six councilmen elected at
large. All of them shall be residents and qualified voters of the town.

§ 3.2. Nominations and Elections. Primary elections or mass meet-
ings may be held for the nomination of candidates for mayor and council
but not required. The mayor and three councilmen shall be elected at a
regular municipal election to be held on the second Tuesday in June,
nineteen hundred fifty-four, and every two years thereafter in the manner
prescribed by law for terms of four years each, except the mayor whose
term shall be for a period of two years, beginning on the first day of
September, nineteen hundred fifty-four, and shall serve until their suc-
cessors have been elected and qualified. The three present council mem-
bers elected at the June, nineteen hundred fifty-two municipal election for
terms of four years from September one, nineteen hundred fifty-two,
each of whom shall serve until his successor shall have been elected and
qualified, and the election held on the second Tuesday in June, nineteen
hundred fifty-six, and every two years thereafter three councilmen shall
be elected for a term of four years and a mayor for two years and shall
serve until their successors are elected and qualified. The council shall
be a continuing body and no measure pending before such body shall
abate or be discontinued by reason of expiration of the term of or removal
of any of its members.

§ 3.3. Vacancies. Vacancies in the council shall be filled for the
unexpired term by a majority of the remaining members. The present
council shall continue in office until the expiration of the terms for which
they were elected.

§ 3.4. Powers. All powers of the town and the determination of all
matters of policy shall be vested in the council. Except as otherwise pro-
vided in this charter, the council is empowered to :—

§ 3.401. Appoint and remove the town manager, the town clerk,
the town attorney, the police justice, issuing justices and officers of the
volunteer fire department.

§ 3.402. Adopt the budget of the town.

§ 3.4038. Inquire into the conduct-of any office, department or agency
of the town and make investigations as to municipal affairs.

§ 3.404. Appoint the members of the planning commission, the board
of zoning appeals, and the recreation commission, and fill any vacancies
thereon.

§ 3.405. Create a housing authority.

§ 3.406. Adopt and modify the official map of the town.

§ 3.407. Pass all laws and ordinances relating to its municipal affairs
subject to the Constitution and general laws of the Commonwealth and of
this charter and may from time to time amend, reamend, or repeal any
or all of its ordinances for the proper regulation, management, and govern-
ment of the town and impose fines and penalties for the violation or non-
observance thereof.

§ 3.408. To compel the attendance of its members and to punish its
members for disorderly behavior and by a vote of two-thirds of the whole
council, expel a member.

§ 3.409. To require and secure such bonds for any of the town em-
ployees as it may deem necessary.

§ 3.410. To keep a journal of its proceedings, which journal shall
be open to public inspection.

§ 3.411. To fix the salaries and wages of all officers and employees of
the town as herein otherwise specifically provided.

§ 3.5. Mayor. On the first day of September, nineteen hundred and
fifty-four and on the first day of September every second year thereafter,
or if such day shall fall on Sunday then to the following Monday, the
council shall choose by a majority vote of all the members thereof one of
their number to be vice-mayor for the ensuing two years. The mayor shall
preside over the meetings of the council, have the same right to speak
therein as other members and shall vote only in case of a tie but no veto.
He shall be recognized as the head of the town government for all cere-
monial purposes, the purposes of military law, and the service of civil
process. The vice-mayor shall in the absence or disability of the mayor
perform the duties of mayor, and if a vacancy shall occur in the office of
mayor, shall become mayor for the unexpired portion of the term. In the
absence or disability of both the mayor and vice-mayor the council shall,
by majority vote of those present, choose one of their number to perform
the duties of mayor.

§ 3.6. Compensation. The council may from time to time fix and ad-
just the compensation for the services of the mayor, council and clerk.

§ 3.7. Rules of Procedure. The council is empowered, subject to the
provisions of this charter, to adopt its own rules of procedure. Such rules
shall provide for the time and place of holding regular meetings of the
council which shall not be less frequently than once each month. They
shall also provide for the calling of special meetings by the mayor or any
three members of the council and shall prescribe the method of giving notice
thereof, provided that the notice of each special meeting shall contain a
statement of the specific item or items of business to be transacted and no
other business shall be transacted at such meetings except by the unanimous
consent of all the members of the council. The meetings of the council
shall be open to the public, except when the public welfare, in the opinion
of four-fifths of the council, requires secrecy. A majority of the council
shall constitute a quorum for the transaction of business.

§ 3.8. Ordinances. Except in dealing with questions of parlimentary
procedure the council shall act only by ordinance or resolution, and all
CH. 276] ACTS OF ASSEMBLY 345

ordinances except ordinances making appropriations, or authorizing the
contracting of indebtedness or issuance of bonds or other evidence of debt,
shall be confined to one subject, which shall be clearly expressed in the
title. Ordinances making appropriations or other obligations and appro-
priating the money to be raised thereby shall be confined to those subjects
respectively.

§ 3.81. The enacting clause of all ordinances passed by the council
shall be “Be it ordained by the council of the town of Richlands.” No
ordinance, unless it be an emergency measure, shall be passed until it has
been read at two regular meetings not less than seven days apart, unless
the requirement of such reading has been dispensed with by the affirmative
vote of four of the members of the council. No ordinance or section thereof
shall be revised or amended by its title section number only, but the new
ordinance shall contain the entire ordinance, or section as revised or
amended. The ayes and nays shall be taken upon the passage of all ordi
nances or resolutions and entered upon the journal of the proceedings of
the council and every ordinance or resolution shall require, on final passage,
the affirmative vote of at least four of the members.

§ 3.82. All ordinances and resolutions passed by the council shall be
in effect from and after thirty days from the date of their passage, except
that the council may, by the affirmative vote of two-thirds of its members
present, pass emergency measures to take effect at the time indicated there-
in. Ordinances appropriating money for any emergency may be passed as
emergency measures, but no measure providing for the sale or lease of
town property, or making a grant, renewal, or extension of a franchise or
other special privilege, or regulating the rate to be charged for its service
by any public utility, shall be so passed. No measure increasing a tax or
license, or providing for any new form of tax shall be adopted until notice
has been published thirty days previous to its passage in a paper of general
circulation in the town.

§ 3.83. Every ordinance or resolution upon its final passage shall be
recorded in a book kept for the purpose, and shall be authenticated by the
signature of the presiding officer and the town clerk.

§ 3.84. Every member, when present, when a question is put, shall
vote unless excused by the council. But no member who has any per-
sonal or financial interest in the result of any ordinance or resolution be-
fore the council shall vote thereon.

§ 3.9. Appointees. At the first meeting in September following each
councilmanic election, or as soon thereafter as practicable the council shall
appoint :—

§ 3.91. A town manager who shall be the administrative and execu-
tive head of the municipal government. He shall be chosen by the council
without regard to political beliefs and solely upon the basis of his executive
and administrative qualifications. At the time of his appointment he need
not be a resident of the town or the Commonwealth but during his tenure
of office shall reside within the town. He shall be appointed for an indefinite
period and shall hold office during the pleasure of the council. He shall
receive such compensation as shall be provided by the council by ordinance
or resolution. He may be bonded as the council may deem necessary.
During the absence or disability of the town manager or in case of a
vacancy the council may designate some properly qualified person to per-
form the duties of the office during such absence, disability, or vacancy.
No councilman shall receive such appointment during the term for which
he shall have been elected, nor within one year after the expiration of his
term. Neither the council nor any of the members shall direct or request
the appointment, as hereinafter provided of any person to office by the
town manager or by any of his subordinates. Except for the purpose of
inquiry, the council and its members shall deal with the administrative
service solely through the town manager and neither the council nor any
member thereof shall give orders to any subordinates of the town manager,
either publicly or privately. The town manager shall have the authority
and it shall be his duty:

§ 3.911. To see that all laws, ordinances, resolutions, and by-laws of
the council are faithfully enforced.

§ 3.912. To appoint such officers and employees, as the council shall
determine and authorize as are necessary for the proper administration
of the affairs of the town with the power to discipline and remove any
such officer or employee, but he shall report each appointment of any
officer having supervisory or administrative authority to the council for
confirmation at the next meeting thereof following any such appointment.
The chief of police so appointed by the town manager and confirmed by
the council shall have the power to discipline his subordinates and with
the approval of the town manager to discharge any subordinate for just
cause. Any officer or employee so removed shall have the right of appeal
to the council within thirty days after his removal and after notice to the
town manager. The action of the council on such appeal shall be final.

§ 3.913. To attend all meetings of the council, with the right to take
part in the discussion, but having no vote.

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

§ 3.915. To make reports to the council from time to time upon the
affairs of the town and to keep the council fully advised of the town’s
financial condition and its future financial needs.

§ 3.916. To prepare and submit to the council a tentative budget for
the next fiscal year as provided by general law and by this charter.

§ 3.917. To make all contracts on behalf of the town pursuant to a
resolution or an ordinance of the council and to act as town purchasing
agent.

§ 3.918. To supervise and control all encumbrances, expenditures
and disbursements to insure that budget appropriations are not exceeded
and to appoint, or upon resolution of the council to act as, the town treasurer
with the following duties:

§ 3.9181. To be the collector and custodian of all funds belonging to
the town and to deposit such funds in such depositories as may be desig-
nated by the council.

§ 3.9182. To have custody of all investments and invested funds of
the town in a fiduciary capacity.

§ 3.9183. To disburse by check all moneys payable by the town. If
the treasurer is a person other than the town manager, all checks shall
be countersigned by the town manager.

§ 3.9184. To protect the interest of the town by withholding the
payment of any claim or demand by any person, firm or corporation against
the town until any indebtedness or other liability due from such person,
firm, or corporation shall first have been settled and adjusted.

§ 3.919. To perform such other duties as may be prescribed or re-
quested by council.

§ 3.92. A Town Clerk, who also may be the town manager, for an
indefinite term. He shall receive such compensation as shall be provided
by the council by ordinance or resolution. He shall have the following

uties:

§ 3.921. To be custodian of the corporate seal.

§ 3.922. To give notice of council meetings.

§ 3.923. To keep a journal of council proceedings.
§ 3.924. To authenticate by his signature and record in full in a
book kept for the purpose all ordinances and resolutions.

§ 3.925. To prepare all statements for moneys owed the town for
supplies or services rendered.

§ 3.926. To perform such other duties as may be prescribed or re-
quested by council.

§ 3.93. A Town Attorney, for an indefinite term who shall be an
attorney at law licensed to practice under the laws of the Commonwealth
and shall be a resident of the town. He shall receive such compensation
and fees as shall be provided by the council by ordinance or resolution. He
shall have the following powers and duties:

§ 3.931. To be legal advisor of the council, the town manager and
all departments, boards, commissions and agencies of the town, in all mat-
ters affecting the interests of the town and shall upon request furnish a
written opinion on any question of law involving their respective official
powers and duties.

§ 3.9382. To prepare, at the request of the town manager or any
member of the council, ordinances for introduction and, at the request
of the council or any member thereof, shall examine any ordinance after
introduction and render his opinion as to the form and legality thereof.

§ 3.933. To draw or approve all bonds, deeds, leases, contracts or
other instruments to which the town is a party or in which it has an interest.

§ 3.934. To represent the town as counsel in any civil case in which
it is interested and in criminal cases when so requested by the town council.

§ 3.94. A Police Justice, as provided in Article V.

§ 3.95. Issuing Justice, as provided in Article V. .

ARTICLE IV—FINANCIAL ADMINISTRATIO

§ 4.1. Budgets and Appropriations:

§ 4.11. The fiscal year of the town shall begin on the first day of
September and end on the thirty-first day of August of the succeeding

ear

§ 4.12. At the regular July meeting of the council, the- town manager
shall submit to the council separate current expense budgets for the
general operation of the town government, hereinafter referred to as
the general fund budget, and for each utility operated by the town and
a capital budget.

§ 4.13. The general fund and/or utility budget shall contain:

§ 4.131. An itemized statement of the appropriations recommended
with comparative statements in parallel columns showing appropriations
made for the current and next preceding year.

§ 4.182. An itemized statement of the taxes and/or utility services
charges required and of the estimated revenue of the town and/or utilities
from all other sources for the ensuing year, with comparative statements
in parallel columns of the taxes and other sources of revenue for the
current and next preceding year and of the increases or decreases esti-
mated or proposed.

§4.183. A statement of the financial condition of the town and/or
utilities.

§ 4.134. A budget message relative to the conditions, reasons, etc.,
connected with the estimates for the ensuing year together with a work
program showing the undertakings to be begun and those to be completed
during the next year.

§ 4.135. Such other information as may be requested by council.

§ 4.14. At the same time that the town manager shall submit a
general fund and/or utility budget he shall prepare for introduction ap-
propriation ordinances listing the appropriation for each department,
utility, branch, board or commission which ordinance shall also fix the
tax rate on real and personal property; on bank stock for the ensuing
fiscal year; and service charges on utilities. Said budgets shall act as
the supporting schedules for the appropriation ordinances.

§ 4.15. A public hearing on the budget plan as a whole shall be
held by the council within thirty days after its submission to the council
but not until a resume of the proposed budgets and notice of such hearing
shall have been published at least one time in a newspaper of general
circulation within the town at least ten days prior to such hearing. After
the conclusion of the public hearing the council may insert new items of
expenditure or may increase, decrease, or strike out any item of expendi-
ture in the budgets except that for debt service.

§ 4.16. Within forty days, but in no event later than the thirtieth day
of September, the council shall approve, upon the affirmative vote of a
majority of the membership of the council, a general fund and/or utility
budget and adopt appropriation ordinances.

§ 4.17. The council may, after referring to the town manager for
a recommendation, make additional appropriations during the fiscal year
upon the affirmative vote of two-thirds of the membership of the council.

§ 4.18. Any portion of an annual appropriation, except for capital
expenditures, remaining unexpended and unencumbered at the close of the
fiscal year, shall lapse, provided, however, that any appropriation made
for the benefit of the fire department shall not lapse but shall revert to
the fire department equipment fund of the town.

§ 4.19. The capital budget shall contain a program previously acted
upon by the town planning commission as provided in § 6.135 of this
charter, of proposed capital improvement projects, for the ensuing fiscal
year and for the four fiscal years thereafter, with his recommendation as
to the means of financing the improvements proposed for the ensuing
fiscal year. The council shall have power to accept with or without
amendments or reject the proposed program and proposed means of
financing for the ensuing fiscal year but, except in the case of emergency
as provided in § 3.82 of this charter, the council shall not authorize any
capital improvement project or make any appropriation therefor unless
the appropriation for such project is included in the capital budget as
adopted by it. The council shall take final action on the capital budget not
later than the twenty-eighth day after the date prescribed for the adoption
of the general fund budget. No appropriation for a capital improvement
project contained in the capital budget shall lapse until the purpose for
which the appropriation was made shall have been accomplished or aban-
doned, provided that any project shall be deemed to have been abandoned
if three fiscal years elapse without any expenditure from or encumbrance
of the appropriation therefor. Any such lapsed appropriation shall be
applied to the payment of any indebtedness incurred in financing the
project concerned and the next capital budget. Nothing herein contained
shall be construed to limit the power of the town council to originate or
initiate capital improvements.

§ 4.2. Bids and Purchases. The council may fix the requirements
uncer which purchases of equipment, materials and supplies are to be
made.

§ 4.3. Independent Audit. Prior to the end of each fiscal year the
council shall designate the Auditor of Public Accounts, or qualified certified
public accountants who, as of the end of the fiscal year, shall make an
independent audit of accounts and other evidence of financial transactions
of the town government and shall mail a copy of their report to each
member of the town council and to the town manager. The auditors shall
post-audit the books and documents kept by the treasurer and any separate
or subordinated accounts kept by any other office, department or agency of
the town government.
§ 4.4, Liens. A lien shall exist on all real estate within the corporate
limits for taxes, levies, and assessments in favor of the town, together
with all penalties and interest at the rate of six per centum due thereon
from the commencement of the year for which the same were assessed
_and the procedure for collecting said taxes, for selling real 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 for 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. 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.

TICLE V—ADMINISTRATION OF JUSTICE

§ 5.1. Police Justice. There is hereby created the office of police
justice for the town of Richlands.

§ 5.11. Appointments. Said police justice shall be appointed by the
council at the first meeting or as soon thereafter as practicable and hold
office during the pleasure of the council. Before entering upon the dis-
charge of duties as police justice, the person so appointed shall subscribe
the oath prescribed for State officers, and shall give such bond as may be
required by council. The mayor, or any citizen residing in the town, may
be appointed as police justice. If the mayor is appointed as police justice
he shall discharge such duties as the police justice of the town under this
charter and not as the mayor of the town, in addition to the duties of mayor
imposed upon him by this charter; and his powers, duties, authority and
jurisdiction as such police justice shall be as hereinafter provided for the
police justice.

§ 5.12. Absence or Vacancy in Office. During the absence or dis-
ability of the police justice the mayor shall serve in the capacity of sub-
stitute police justice, or if the mayor has been appointed as police justice,
then during the absence or disability, the vice-mayor shall act as sub-
stitute police justice, but no additional oath and no bond shall be required
of any such substitute police justice as a prerequisite to his authority to
act. The substitute police justice shall receive for his services such per
diem compensation as may be prescribed by council.

§ 5.13. Jurisdiction. The police justice is hereby vested with original
and exclusive jurisdiction of all offenses against any ordinance of the town
of Richlands, Virginia, which violation occurs within the corporate limits
of said town. Such police justice shall not exercise the jurisdiction con-
ferred by §§ 63-259 to 63-266 inclusive and § 20-61 of the Code of Virginia,
and anything in this charter shall not be construed as giving to such police
justice the jurisdiction conferred bv the above sections.

§ 5.14. Appeals and Warrants. Appeals from the decision of the
police justice shall be as provided in §§ 16-102 to 16-107 inclusive of the
Code of Virginia for appeals from civil and police justices for cities, except
that all cases appealed from the police justice shall be appealed to the cir-
cuit court of Tazewell County, Virginia. Should a warrant be issued
charging a violation of a town ordinance and it should develop prior to
trial, or at any time during trial, prior to the imposition of sentence, that
the alleged offense involved a felony, then, in lieu of final disposition by the
police justice, the case may be certified by the police justice to the trial
justice of Tazewell County, Virginia, to be there dealt with as provided bv
law, and it may be there tried on the original warrant, the same as though
said warrant had charged the violation of State law and had been issued
by a person authorized to issue State warrants. In the event a warrant
should be issued charging a violation of a town ordinance, and it should
for any reason appear prior to trial, or at any time during trial, prior to
the imposition of sentence, that the police justice is for any reason without
jurisdiction to try the same, said warrant may be certified to the proper
court for trial where the same may be tried upon the original warrant.
The police justice shall also have jurisdiction to issue original warrants
charging violation of town ordinances; to issue subpoenas or to issue
and/or try any other processes incidental to the jurisdiction herein
granted; power to admit to bail prior to trial in cases involving violation
of town ordinances, or to admit to bail subsequent to trial, upon an appeal;
power to take bond as security for the payment of fines and costs; power
to issue search warrants; and shall have the same powers in matters of
contempt as are granted or limited by § 16-95 of the Code of Virginia,
and shall be a conservator of the peace within the corporate limits of the
town of Richlands and for one mile beyond the corporate limits thereof.

§ 5.15. Compensation and Clerical Assistant. A salary to compensate
the police justice shall be fixed by the town council. The council may also
appoint such clerk or clerks as may, in their discretion, be necessary, and
require of such clerk or clerks such bond as it may deem proper, provide
just compensation therefor and provide necessary records.

§ 5.16. Trial Justice. Nothing herein contained shall be construed
as affecting the provisions of § 16-129 of the Code of Virginia and in the
event a resolution should be passed pursuant to § 16-129 of the Code of
Virginia and said resolution be subsequently repealed by council, then the
provisions of § 16-129.1 shall automatically become operative.

§ 5.17. Necessity of Warrant. Nothing contained in this charter re-
lating to the issuance of warrants shall be construed as affecting or altering
the provisions of § 16-5 of the Code of Virginia.

§ 5.2. Issuing Justice. There is hereby created the office of issuing
justice for the town of Richlands.

§ 5.21. Appointment. The council may appoint at its first meeting
or as soon thereafter as is practicable, to serve during the pleasure of the
council, one or more issuing justices who are qualified voters within the
town and who already may be employees of any department of the town
provided holding the two offices are not contrary to the laws of the State.

§ 5.22. Jurisdiction. The issuing justices so appointed shall have
power to issue warrants for violation of town ordinances; the power to
issue subpoenas or other processes the same as could be issued by the
police justice and the power to admit to bail in any case where the police
justice could admit to bail, but any warrant, summons or process issued by
such issuing justices shall be returnable before the police justice for action

ereon.

§ 5.28. Compensation. Compensation shall be paid to any such is-
suing justices by the town as provided by the council. All costs collected
shall be paid into the town treasury.

§ 5.8. Fines and Costs.

§ 5.31. Amounts Assessable. The police justice shall assess such
fines and impose such punishment for violation of any ordinance as may
be prescribed by the council, and shall assess as cost against the violator of
any ordinance such fees and costs as may be prescribed by the council,
provided such fees and costs shall not exceed the amount assessable under
the general laws of the State for similar service incident to the trial of
criminal cases.

§ 5.382. How Fines and Costs Paid. All costs collected by the police
justice and all fines for violations of all laws and ordinances of the town
shall be paid into the town treasury for the use and benefits of the town.
ARTICLE VI—PLANNING, ZONING, AND SUBDIVISION CONTROL

§ 6.1. Power to Adopt a Master Plan. In addition to the powers
granted elsewhere in this charter the council shall have the power to adopt
by ordinance a master plan for the physical development of the town to
promote health, safety, morals, comfort, prosperity, and the general wel-
are. The master plan may include but shall not be limited to the fol-
owing:

§ 6.101. The general location, character and extent of all streets,
highways, avenues, boulevards, roads, lanes, alleys, walks, parks, squares,
playfields, playgrounds, recreational far ilities, stadia, swimming pools,
airports and other public places or ways, change of use or extention

ereof.

§ 6.102. The general location, character and extent of all public
buildings, schools and other public property and of utilities whether
publicly or privately owned, off-street parking facilities, and the removal,
relocation, vacating, abandonment, change of use, alteration or extention

ereof.

§ 6.103. A comprehensive zoning plan for the control of the height,
area, bulk, location and use of buildings and premises.

§ 6.11. Town Planning Commission. There shall be a town planning
commission consisting of seven members, appointed by the council. One
member shall be a member of the council appointed for a term concurrent
with his term in the council. One member shall be the town manager ap-
pointed for a term concurrent with his term in such capacity. There shall
be five citizen members, who shall be qualified voters of the town appointed
for a term of four years, one of whom may be a member of the Board of
Zoning Appeals and who shall hold office for a term concurrent with his
term on said board. Citizen members appointed previous to the effective
date of this charter shall continue to serve as members of the commission
until the expiration of the terms for which they were appointed. Vacancies
on the commission shall be filled by the council. Members of the town
planning commission shall serve as such without compensation.

§ 6.12. Organization and Expenditures of Planning Commission. The
commission shall elect a chairman and vice-chairman from among the
citizen members appointed by the council, for a term of one year, who
shall be eligible for reelection, and appoint a secretary. The commission
shall hold at least one regular meeting in each month, shall adopt rules for
the transaction of its business, and shall keep a record of its resolutions,
transactions, findings and determinations, which record shall be a public
record. Four members shall constitute a quorum. The commission shall
appoint such employees as it may deem necessary for its work and may
contract with city planners, engineers, architects and other consultants
for services it may require. All expenditures shall not exceed the sums
appropriated by the council therefor.

§ 6.18. Powers and Duties of the Planning Commission. The Town
Planning Commission shall have the following powers and duties:

§ 6.131. To make and adopt a master plan which with accompanying
maps, plats, charts and descriptive matter shall show the commission’s
recommendations for the development of the territory covered by the
plan. In the preparation of such plan the commission shall make careful
and comprehensive surveys and studies of existing conditions and future
growth. The plan shall be made with the general purpose of guiding and
accomplishing a coordinated, adjusted and harmonious development of the
town and its environs which will in accordance with existing and future
needs best promote health, safety, morals, comfort, prosperity and general
welfare, as well as efficiency and economy in the process of development.

§ 6.1382. To act as a zoning commission as provided in § 6.221.
§ 6.133. To promote public interest in and understanding of the
master plan and to that end may publish and distribute copies of the plan
or of any report and may employ such other means of publicity and educa-
tion as it may determine.

§ 6.184. To authorize members of the commission to attend planning
conferences or meetings of planning institutes or to attend hearings upon
pending planning legislation or to visit other communities and the com-
mission may by resolution, pay the reasonable traveling expenses incident
to such attendance or visit from funds appropriated for the use of the
commission.

§ 6.135. To prepare and revise annually a program of capital im-
provement projects for the ensuing five years and submit the same an-
nually to the town manager, at such time as he shall direct together with
its recommendations, and estimates of cost of such projects and the means
of financing them, to be undertaken in the ensuing fiscal year and in the
next four years, as the basis of the capital budget to be submitted to the
council by the town manager.

§ 6.1386. To make an annual report to council concerning its activities.

§ 6.1387. To preserve historical landmarks and to control the design
and location of statuary and other works of art which are or may become
the property of the town, and the removal, relocation and alteration of
any such work; and to consider and suggest the design of bridges, viaducts,
airports, stadia, arenas, swimming pools, street fixtures and other public
structures and appurtenances.

§ 6.14. Adoption of Master Plan by the Commission. The Commis-
sion may adopt the plan as a whole by a single resolution or may by suc-
cessive resolutions adopt successive parts of the plan, said parts correspond-
ing to major geographical sections or geographical or topographical divi-
sions of the town or with functional sub-divisions of the subject matter of
the plan, and may adopt any amendment or extension thereof or addition
thereto. Before the adoption of the plan or any such part, amendment, ex-
tension or addition, the commission shall hold at least one public hearing
thereon at least fifteen days’ notice of the time and place of which shall be
given by one publication in a newspaper of general circulation in the town.
The adoption of the plan or of any such part, amendment, extension or ad-
dition shall be by resolution of the commission carried by the affirmative
vote of not less than a majority of the entire membership of the commission.
The resolution shall refer expressly to the maps and descriptive matter and
other matter intended by the commission to form the whole or part of the
plan adopted, which resolution shall be signed by the chairman of the com-
mission and attested by its secretary. An attested copy of the resolution,
accompanied by a copy of so much of the plan in whole or in part as was
adopted thereby, and each amendment, alteration, extension or addition
thereto adopted thereby, shall be certified to the council, and to the clerk
of the circuit court of Tazewell County who shall file the same in his office.

§ 6.15. Legal Status of Master Plan. Whenever the commission shall
have adopted a master plan for the town or one or more parts thereof,
geographical, topographical or functional, and the master plan or such
part or parts thereof shall have been approved by the council and it has
been certified and filed as provided in the preceding section, then and there-
after no street, square, park or other public way, ground, open space,
public building or structure shall be constructed or authorized in the town
or in the planned section or division thereof until and unless the general
location, character and extent thereof has been submitted to and approved
by the commission; and no public utility, whether publicly or privately
owned, shall be constructed or authorized in the town or in the planned
section or division thereof until and unless its general location, but not its
character and extent, has been submitted to and approved by the commis-
sion, but such submission and approval shall not be necesary in the case of
pipes or conduits in any existing street or proposed street, square, park or
other public way, ground or open space, the location of which has been
approved by the commission ; and no ordinance giving effect to or amending
the comprehensive zoning plan as provided in § 6.2 shall be adopted until
it has been submitted to and approved by the commission. In case of dis-
approval in any of the instances enumerated above, the commission shall
communicate its reason to the council which shall have the power to overrule
such action by a recorded vote of not less than two-thirds of its entire
membership. The failure of the commission to act within sixty days from
the date of the official submission to it shall be deemed approval. The
widening, extension, narrowing, enlargement, vacation or change in the
use of streets and other public ways, grounds and places within the town
as well as the acquisition by the town of any land within or without the
town for public purposes or the sale of any land then held by the town shall
be subject to similar approval and in case the same is disapproved such
disapproval may be similarly overruled. The foregoing provisions of this
sections shall not be deemed to apply to the pavement, repavement, recon-
struction, improvement, drainage or other work in or upon any existing
street or other existing public way.

§ 6.2. Zoning Powers. In addition to the powers granted elsewhere
in this charter the council shall have the power to adopt by ordinance a
comprehensive zoning plan designed to lessen congestion in streets, secure
safety from fire, panic and other danger, promote health, sanitation and
general welfare, provide adequate light and air, prevent the overcrowding
of land, avoid undue concentration of population, facilitate public and
private transportation and the supplying of public utility services and
sewage disposal, and facilitate provision for schools, parks, playgrounds,
and other public improvements and requirements. The comprehensive zon-
ing plan shall include the division of the town into districts with such
boundaries as the council deems necessary to carry out the purposes of
this charter and shall provide for the regulation and restriction of the
use of land, buildings and structures in the respective districts and may
include but shall not be limited to the following:

§ 6.201. It may permit specified uses of land, buildings and structures
in the districts and prohibit all other uses.

§ 6.202. It may restrict the height, area and bulk of buildings and
structures in the districts.

§ 6.203. It may establish setback building lines and prescribe the area
of land that may be used as front, rear and side: yards and courts and
open spaces.

§ 6.204. It may restrict the portion of the area of lots that may be
occupied by buildings and structures.

§ 6.205. It may prescribe the area of lots and the space in buildings
that may be occupied by families.

§ 6.206. It may require that spaces and facilities deemed adequate
by the council shall be provided on lots for parking of vehicles in con-
junction with permitted uses of land and that spaces and facilities deemed
adequate by the council shall be provided on lots for off-street loading or
unloading of vehicles.

§ 6.207. It may provide that land, buildings and structures and the
uses thereof which do not conform to the regulations and restrictions
prescribed for the district in which they are situated may be continued so
long as the then existing or more restricted use continues and so long as
the buildings or structures are maintained in their then structural condi-
tion; and may require that such buildings or structures and the use
thereof shall conform to the regulations and restrictions prescribed for
the district or districts in which they are situated whenever they are
enlarged, extended, reconstructed or structurally altered; and may require
that such buildings or structures and the use thereof shall conform to
the regulations and restrictions prescribed for the district or districts in
which they are situated, in any event within a reasonable period of time
to be specified in the ordinance.

§ 6.21. Conformity of Regulations. The regulations and restrictions
shall be uniform and shall apply equally to all land, buildings and
structures and to the use and to each class or kind thereof throughout
such district but the regulations and restrictions applicable in one district
may differ from those provided for other districts.

§ 6.22. Effecting and Changing of Regulations. The council shall
provide for the manner in which such regulations and restrictions and the
boundaries of such districts shall be determined, established and enforced,
and from time to time amended, supplemented or changed. However, no
such regulation, restriction or boundary shall become effective until after
a public hearing in relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least fifteen days’ notice of
time and place of such hearing shall be published in a paper of general
circulation, in said town; provided, however, that where each proposed
change in, or amendment or supplement to, any such regulation, restric-
tion, or boundary if initiated within council shall be first referred by the
council to the planning commission for report and recommendation, and
where said commission makes such report and recommendation to the
council after a public hearing in relation thereto held by said commission
pursuant to prior notice published five days in a paper of general circula-
tion in the town, the public hearing by the council in relation to such
change, amendment or supplement may be held after at least ten days’
notice of time and place of hearing published in a paper of general circula-
tion in the town. In case, however, of a protest against any change in
such regulations signed by the owners of twenty per centum or more
either of the area of the lots included in each proposed change, or of those
adjacent in the rear thereof, or of those directly opposite thereto, such
amendment shall not become effective except by the favorable vote of three-
fourths of all the members of the council. The provisions of this section
relative to public hearings and official notice shall apply equally to all
changes and amendments.

§ 6.221. The town planning commission acting as the zoning com-
mission shall recommend the boundaries of the various original districts
and appropriate regulations to be enforced therein. Such commission shall
make a preliminary report or reports and hold public hearing thereon be-
fore submitting its final report, and the council of the town of Richlands
shall take such action on said preliminary report or reports, and also on
the final report of the commission, as it shall deem necessary.

§ 6.23. Board of Zoning Appeals. The council may appoint a board
of zoning appeals, and in the regulations and restrictions adopted pursuant
to the authority of this act may provide that the board of zoning appeals
may, in appropriate cases and subject to appropriate conditions and safe-
guards, vary the application of the terms of the ordinance in harmony
with its general purpose and intent and in accordance with general or
specific rules therein contained.

§ 6.231. The board of zoning appeals shall consist of five members,
each to be appointed for a term of two years and removable for cause by
the appointing authority, upon written charges and after public hearing.
Vacancies shall be filled by the council for the unexpired term of any mem-
ber whose term becomes vacant after the effective date of this charter.
Members of the board of zoning appeals in office at the effective date of
this charter shall continue to hold office until the first day of September
nineteen hundred fifty-five at which time the council shall appoint all mem-
bers for a term of two years.

§ 6.2382. The board shall select a chairman, a vice-chairman, and a
secretary, and shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this act. Meetings of the board shall be held
at the call of the chairman and such other times as the board may deter-
mine. Such chairman, or in his absence, the acting chairman, may ad-
minister oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the board, and shall be a public record.

§ 6.2383. Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of the town
affected by any decision of the administrative officer. Such appeal shall be
taken within a reasonable time as provided by the rules of the board by
filing with the officer from whom the appeal is taken and with the board of
zoning appeals a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit to the board
all papers constituting the record upon which the action appealed from was
taken. An appeal stays all proceedings in furtherance of the action ap-
pealed from, unless the officer from whom the appeal is taken certifies to
the board of zoning appeals after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay would, in
his opinion, cause imminent peril to life or property. In such case pro-
ceedings shall not be stayed otherwise than by a restraining order which
may be granted by a court of record on application, and notice to the officer
from whom the appeal is taken and on due cause shown.

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

§ 6.24. Power of Board of Zoning Appeals. The board shall have the
following powers:

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

§ 6.242. To hear and decide uses permissible on appeals and other
special exceptions to the terms of the ordinance upon which such board is
required to pass under such ordinance.

6.248. To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the public in-
terest where owing to special conditions a literal enforcement of the pro-
visions of the ordinance will result in exceptional and peculiar hardship,
and so that the spirit of the ordinance shall be observed and substantial
justice done.

§ 6.25. Decisions by the Board of Zoning Appeals. In exercising the
powers conferred upon it the board may reverse or affirm, wholly or partly,
or may modify, the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as should be made and to that end shall have all the powers of the adminis-
trative officer charged by the ordinance with enforcement. The concurring
affirmative vote of three members of the board shall be necessary to re-
verse any order, requirement, decision or determination of the adminis-
trative officer or to decide in favor of the applicant in any matter of which
it has jurisdiction. The board shall act by formal resolution which shall
set forth the reason for its decision and the vote of each member par-
ticipating therein which shall be spread upon its records and shall be open
to public inspection. The board may, upon the affirmative vote of three
members, reconsider any decision made and, upon such reconsideration,
render a decision by formal resolution. Every decision of the board shall
be based upon a finding of fact which may be based on sworn testimony
which finding of fact shall be reduced to writing and preserved among its
records.

§ 6.26. Appeals from Decisions of Board of Zoning Appeals. Any per-
son or persons, jointly or severally, aggrieved by any decision of the board
of zoning appeals, or any taxpayer, or any officer, department, board or
bureau of the municipality, may present to a court of record a petition, duly
verified, setting forth that such decision is illegal in whole or in part, speci-
fying the grounds of the illegality. Such petition shall be presented to the
“eiaele within thirty days after the filing of the decision in the office of the

oard.

§ 6.261. Upon filing of the petition the court may cause a writ of
certiorari to issue directed to the board, ordering it to produce within the
time prescribed by the court, not less than ten days, the record of its
action and documents considered by it in making the decision appealed
from, which writ shall be served upon any member of the board. The
issuance of the writ shall not stay proceedings upon the decision appealed
from but the court may, on application, notice to the board and due cause
shown, issue a restraining order. The board shall not be required to pro-
duce the original record and documents but it shall be sufficient to pro-
duce certified or sworn copies thereof or of such portions thereof as may
be required by the writ. With the record and documents the board may
concisely set forth in writing such other facts as may be pertinent and
material to show the grounds of the decision appealed from, verified by
affidavit.

§ 6.262. The court shall review the record, documents and other mat-
ters produced by the board pursuant to the issuance of the writ and may
reverse or modify the decision reviewed, in whole or in part, when it is
satisfied that the decision of the board is contrary to law or that its de-
cision is arbitrary and constitutes an abuse of discretion. Unless it is
made to appear that the decision is contrary to law or is arbitrary and
constitutes an abuse of discretion the court shall affirm the decision. If
the court finds that the testimony of witnesses is necessary for a proper
disposition of the matter it may hear evidence.

§ 6.27. Proceedings Against Violator of Zoning Ordinance. When-
ever any building or structure is erected, constructed, reconstructed,
altered, repaired or converted, or whenever any land, building or struc-
ture is used in violation of any ordinance adopted in accordance with
§ 6.22 the town may institute and prosecute appropriate action or pro-
ceedings to prevent such unlawful act and to restrain, correct or abate such
violation or to prevent any unlawful act, conduct or use of such property.

§ 6.28. Penalties for Violations. Said regulations shall be enforced
by a building and zoning inspector who shall be empowered to cause any
building, structure, place or premises to be inspected and examined and to
order in writing the remedying of any condition found to exist in violation
of any provision of the regulations made under authority of this or the
preceding section. Any person convicted of violating any rule or regula-
tion enacted by ordinance under the zoning powers granted the council by
this charter and general law shall be guilty of a misdemeanor and upon
conviction shall be subject to such penalties as may be prescribed by coun-
cil.

§ 6.3. Subdivision Control. In order to provide for the orderly sub-
division of land within the town and within two miles of the corporate
limits thereof there is hereby conferred upon the town and the county in
which the area outside the town but within two miles thereof is included
the power to adopt regulations and restrictions relative to the sub-
division of land in the manner hereinafter provided. Such regula-
tions and restrictions may prescribe standards and requirements for the
subdivision of land which may include but shall not be limited to the
following: the location, size, and layout, of lots so as to prevent congestion
of population and to provide for light and air; the width, grade, location,
alignment and arrangement of streets and sidewalks with relation to other
existing streets, planned streets and the master plan; access for fire fight-
ing apparatus; adequate open spaces; adequate and convenient facilities
for vehicular parking; easements for public utilities; suitable sites for
schools, parks and playgrounds, planting of shade trees and shrubs; naming
and designation of streets and other public places; laying out and construct-
ing sidewalks; procedure for making variations in such regulations and re-
strictions ; requirements for plats of subdivisions ana their size, scale, con-
tents and other matters; the erection of monuments of specified type for
making and establishing property and street, alley, sidewalk and other
lines; the extent to which and the manner in which new streets shall be
graded, graveled or otherwise improved and water, sewer and other utility
mains, piping, connections or other facilities shall be installed as a condition
precedent to the approval of the plat. Such regulations may provide that,
in lieu of the completion of such work previous to the final approval of a
plat, the council or its designated agents, may accept a bond, in an amount
and with surety or conditions satisfactory to the council or its designated
agents, providing for such securing to the council, the actual construc-
tion and installation of such improvements and utilities within a period
specified by the council or designated agents.

§ 6.31. Hearing on Subdivision Ordinance. The council shall not
adopt or amend any ordinance establishing such regulations and restric-
tions until notice of intention so to do has been published once a week for
two successive weeks in a newspaper of general circulation in the town.
The notice shall specify the time, not less than ten days after final publica-
tion, and the place at which persons affected may appear before the coun-
cil and present their views.

§ 6.32. Adoption of Subdivision Regulations. After hearing as
above provided the council may adopt by ordinance any such regulations
and restrictions applicable within the limits of the town and may adopt
such regulations and restrictions applicable in an area outside such
limits provided that such regulations and restrictions applicable in any
area outside such town limits shall not be adopted or become effective or
applicable except in the manner and to the extent provided by the gen-
eral laws of the Commonwealth.

§ 6.33. Filing of Regulations. When such regulations have been
adopted, a certified copy thereof and all amendments thereto shall be filed
in the office of the building and zoning inspector and in the office of the
clerk of the circuit court of Tazewell County.

§ 6.34. Making and Approval of Plats. Any owner or any proprietor
of any tract of land situated within the corporate limits of the town of
Richlands, who subdivides the same shall cause a plat of such subdivision
with reference to known or permanent monuments to be made and re-
corded in the office of the Clerk of the Circuit Court of Tazewell County.
No such plat of subdivision shall be recorded unless and until it shall have
been submitted and approved by the town council or its designated agent
in accordance with regulations adopted under this act and so certified by
the person authorized to make such certificate.

§ 6.35. Recording of Plats of Subdivision. From and after the date
on which such regulations and restrictions became effective in the town or
in any area outside the town but within two miles thereof, no plat of any
subdivision to which such regulations and restrictions are applicable shall
be received or recorded by the clerk of any court unless the plat has been
approved as provided in the preceding section. No owner of land in the
town or outside area in which such regulations and restrictions are ap-
plicable, who has subdivided the same into two or more lots, shall sell or
offer for sale any such lot by reference to or exhibition of or by the use of
a plat of such subdivision or otherwise before the plat of such subdivision
has been approved as provided in the office of the clerk of the Circuit Court
of Tazewell County.

§ 6.36. Transfer of Portion for Public Use. The recordation of the
plat shall operate to transfer in fee simple to the town or the county in
which the land lies such portion thereof as is on the plat set apart for
streets, alleys, easements or other public use or purpose and to create a
public right of passage over or use of the same. The owner or owners of
the land subdivided may construct, reconstruct, operate and maintain with
the consent of the town or the county where the land lies, sewers, gas and
water pipes or electric lines along or under the streets, alleys, easements or
other land devoted to public use, provided that it shall not obstruct or
hinder the passage over the streets, alleys or other property devoted to
public use further than is reasonably necessary to construct, reconstruct,
repair, operate and maintain such works.

§ 6.387. Vacation of Recorded Plats. Any plat or part thereof recorded
may be vacated, with the consent of the council or of the governing body
of the county wherein the land lies or both where the plat has been ap-
proved by both, by the owners thereof at any time before the sale of any
lot therein, by a written instrument declaring the plat to be vacated which
shall be duly executed, acknowledge and recorded iri the clerk’s office where-
in the plat to be vacated is recorded. The execution and recordation of the
instrument shall operate to destroy the force and effect of the recording
of the plat and to divest all public rights in and to reinvest the owners
with the title to the streets, alleys, easements and other land devoted to
public use laid out or described in the plat. In cases where lots have been
sold the plat or part thereof may be vacated upon the application of the
owners of the lots in the plat and with the approval of the council or
governing body of the county, or both where the plat has been approved by
both, and shall not be vacated otherwise. The clerk in whose office any
plat so vacated has been recorded shall write in plain, legible letters across
the plat or part thereof vacated the word “vacated” and also make a refer-
ence on the plat to the volume and page thereof in which the instrument
of vacation is recorded.

§ 6.38. Violation of Subdivision Regulations. In case of any violation
or attempted violation of the provisions of this act, or of any of the pro-
visions of the regulations adopted as authorized in this act, the council, in
addition to other remedies, may institute any appropriate action or pro-
ceedings to prevent such violation or attempted violation, to restrain, cor-
rect, or abate such violation or attempted violation, or to prevent any act
which would constitute such a violation. Any owner or proprietor of any
tract of land who subdivides that tract of land and who violates any of the
provisions of the regulations adopted as authority in this act shall be
guilty of a misdemeanor, punishable by a fine of not less than ten dollars
and not more than two hundred and fifty dollars, and each day after the
first, during which violation shall continue, shall constitute a separate
violation.

§ 6.4. Present Master Plan, Comprehensive Zoning Plan and Sub-
division Regulations. Portions of the master plan, and the comprehensive
zoning plan as heretofore adopted, approved, and filed, with all amendments
thereto, and the subdivision control regulations as heretofore adopted,
approved, and filed, with all amendments thereto, are hereby validated
and confirmed as if the same had been prepared, adopted, approved and filed
in accordance with the provisions of this article. Every amendment or
addition thereto or extension thereof and every other master plan or por-
tion thereof, or comprehensive zoning ordinance, or subdivision control
ordinance henceforth adopted shall be in accordance with the provisions of
this article. Where existing ordinances are at variance with the provisions
of this article they shall be deemed to be amended in accordance with the
provisions of this article.

ARTICLE VII—GENERAL PROVISIONS

§ 7.1. Officers to Hold Over Until Their Successors are Appointed
and Qualified. Whenever under the provisions of this charter any officer of
the town or member of any board or commission is elected or appointed for
a fixed term except the mayor and vice-mayor, such officer or member shal]
continue to hold office until his successor is appointed and qualified.

§ 7.2. Present Ordinances and Rules and Regulations Continued in
Effect. All ordinances of the town and all rules, regulations and orders
legally made by any department, board, commission or officer of the town,
in force at the effective date of this charter, insofar as they or any portion
thereof are not inconsistent herewith, shall remain in force until amended
or repealed in accordance with the provisions of this charter.

§ 7.8. General Powers. The town of Richlands and all the officers
thereof elected or appointed in accordance with the provisions of this act
shall be clothed with all the powers and subject to all the provisions of
general law not in express conflict with the provisions of this act.

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

§ 7.5. All contracts and obligations heretofore or hereafter made by
the council of the town of Richlands, 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.

§ 7.6. Citation of Act. This act may for all purposes be referred to

or cited as the town of Richlands charter of nineteen hundred fifty-four.
2. Chapter 289 of the Acts of Assembly of 1934, entitled “An Act to
provide a new charter for the town of Richlands, Tazewell County, Vir-
ginia, and to repeal all acts, or parts of acts in conflict therewith,’ ap-
proved March 28, 1934, and acts amendatory thereto, are hereby repealed.
3. An emergency exists and this act is in force from its passage.