CHAPTER 563

An Act to provide a new charter for the town of Broadway in the county
of Rockingham and to repeal Chapter 226 of the Acts of Assembly of
1885-1886, approved February 26, 1886, which incorporated the town
of Broadway in the county of Rockingham, and all amendments

thereof.
[S 163]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

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

§ 2. The present boundaries of the town are as follows:

Begininng at the peninsula at the junction of Linville creek with the
Shenandoah river; thence in a westerly direction up the said river, along
the east bank, to the mouth of the spring branch, where the lands of J. Q.
Winfield, P. Shearer and Sarah E. Thomas corner; thence in a southwest-
erly direction with said branch to the culvert bridge on the river road, near
the residence of J. F. Branner; thence in a straight line. in a southerly
direction, to the corner of the lands of J. H. Thomas and Lewis Shank, on
the west side of said Linville creek; thence crossing said creek and with
said creek, along the eastern bank in a southwesterly direction, to the
nearest point on the Kline lands, west of Early’s mill; thence easterly,
with the division line between the lands of S. H. Early and the lots recently
sold by J. Q. Winfield, to the land of M. B. E. Kline, including the street
laid off and lots thereon sold by said M. B. E. Kline on the western part
of his said lands; thence with the eastern boundary of said Kline lots and
street, in a northerly direction, to the lot of E. B. Knipple, southwestern
corner thereof; thence, continuing with the line of said M. B. E. Kline, east
and north, around the lot of said Knipple and the lot owned by the heirs
of Mrs. John Moore; thence in a northerly direction, with the line between
the lands of Elizabeth Rader and William Minnick, to the public road, south
side thereof; thence with said public road east, to the foot of Rader’s hill,
west side thereof; thence crossing said road north, with the line between
the lands of W. Liggett and L. Winfield, to the end of the fence at the
corners of the fields on said line; thence northerly in a straight line to the
beginning.
§ 3. The administration and government of the town is vested in the
Council composed of a mayor and six councilmen, all of whom shall be elec-
tors of the town.

(a) The said Council shall be elected in the manner provided by law,
as follows: At the regular municipal election to be held on the second Tues-
day in June, nineteen hundred fifty-four, the Mayor and six Councilmen
shall be elected. The mayor shall be elected for a term of two years. The
three members, each of whom have received more votes in said election
than either of the other members, shall serve as members of the council
for terms of four years each. The remaining three members shall serve
for a term of two years each. At the regular municipal election to be 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
each. Terms of office shall begin on the first day of September next follow-
ing their election. Each councilman and the mayor elected as hereinabove
provided shall serve for the term stated or until his successor has been
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 ex-
piration of term of office or removal of any of its members.

(b) Any vacancy in the council shall be filled within thirty days, for
the unexpired term, by a majority vote of the remaining members; pro-
vided, that if the term of office to be filled does not expire for two years
or more after the next regular election for councilmen, following such
vacancy and such vacancy occurs in time to permit it, then the council
shall fill such vacancy only for the period then remaining until such elec-
tion, and a qualified person shall then be elected by the qualified voters
and shall from and after the date of his election and qualification succeed
such appointee and serve the unexpired term. The number of candidates
for council equal to the number of vacancies to be filled for full terms re-
ceiving the highest number of votes shall be entitled to such full terms and
the candidates receiving the next highest number of votes shall be en-
titled to the unexpired term caused by such vacancy.

§ 4. The electors of the town of Broadway shall be the actual resi-
dents of the town, who are otherwise qualified to vote for members of the
General Assembly.

§ 5. The municipal offices of said town shall, in addition to the mayor,
consist of a treasurer, clerk of the council, a town attorney, and such other
officers, including a town sergeant, as may be provided for by the town
council; and the council may appoint such committees of the council and
create such boards and departments of town government and administra-
tion with such powers and duties and subject to such regulations as it may
see fit, consistent with the provisions of this act and the general laws of
this State. The Council may provide by ordinance that said treasurer and
clerk may be one and the same person.

§ 6. The Council of the town of Broadway may, in its discretion, elect
a town manager who may also serve as town engineer. Upon the election
of a town manager by the council he shall be vested with the administra-
tive powers of the town and shall hold office during the pleasure of
the council. He shall receive such compensation as shall be fixed by the
council. He shall attend all meetings of the council and recommend for
adoption such measures as he shall deem expedient. He shall make reports
to the council from time to time upon the affairs of the town, keep the
council fully advised of the town’s financial condition and its future
financial needs. He shall prepare and submit to the council a tentative
budget for each fiscal year. He shall perform such other duties as may be
prescribed by the council and shall be bonded in such amount as the council
may deem necessary.
yees appointed may be removed by the
where the appointment is by a committee
ent is by the mayor, or head of a depart-
der of the mayor or head of department.
rdinance or resolution fix the salaries of
town elected or appointed by it, or ap-
so far as is not inconsistent with the pro-
e powers and prescribe the duties of all
ffectuate the powers conferred by general
in specifically granted, the council may
e necessary.
iny officer appointed by the council, any
the head of any department to fill two
cumbents are appointed by the council
nated by the council, subject to the same
ents as to each of said offices as would
if held by different persons.
wn council during his tenure of office as
0 any remunerative office to be filled by

n and all municipal officers of said town
ities of their respective offices, be sworn
e State of Virginia by anyone authorized
s of the State.

uncilmen, treasurer and clerk take the
e certificates of the court or person ad-
fact of their having been taken, shall be
same and be by him delivered for record
-eircuit court of Rockingham County and
incil. When any other municipal officer
certificate as aforesaid, shall be secured
- of the town council.

or appointed to any office in said town
or before the day on which he is to enter
_ of his office, or shall, for twenty days
f office, fail to give such bond with such
im by the council of said town, he shall
said office, and the same shall be deemed
filled as prescribed in this act or by the

- been an officer of said town, shall not
ve vacated or been removed from office,
f the council within such time as it may
office all property, books and papers be-
ling to such office, in his possession or
and pay to the town a sum not exceeding
r and recovered with costs; and all books,
y office by virtue of any provision of this
er of the town council, or any superior
1ed the property of said town and apper-
f officer thereof shall be held responsible

cted by the qualified electors of the town
alary shall be fixed by the town council,
xy his term of office.

e chief executive officer of the town and
the by-laws and ordinances thereof are
fully executed, and he shall preside over the meetings of the town council,
voting only in case of a tie.

§ 17. The mayor shall communicate to the town council annually at
the beginning of each fiscal year, or oftener, if he be required by the
council, a general statement of the condition of the town in relation to its
government, finances and improvements, with such recommendations as
he may deem proper; and may from time to time communicate to the
council such suggestions and recommendations as he shall deem proper.

§ 18. In case of the absence or inability of the mayor to act, the
president pro tempore of the council, to be chosen by a majority of the
council present at a legal meeting or in his absence or inability to act,
some other member of the council selected in the same manner, shall
possess the same power and discharge the municipal duties of the mayor
during such absence or inability.

§ 19. In case a vacancy shall occur in the office of the mayor, the
vacancy shall be filled by the method provided in paragraph 3 (b) for
filling vacancies in council.

§ 20. The town council, composed of the mayor and six councilmen
shall be elected at large by the popular vote of the qualified electors of the

wn.
§ 21. The town council is hereby authorized and empowered, by
ordinance or resolution, passed by the affirmative recorded vote of two-
thirds of the full membership thereof, to be determined by yeas and nays,
to provide and fix salaries for its members, at such sums or in such
amounts not exceeding the sum or amount of two hundred and forty dollars
per annum for each member, as it may determine, to be payable in such
amounts and at such time or times as it may direct.

The council may provide and fix the salaries for its members, on the
basis of stated amounts or sums, not exceeding the limits herein provided,
for each regular meeting of council attended by members, and may pre-
scribe that no member shall receive any compensation for any meeting of
said council not attended by such member.

And in the event said salaries shall be provided and fixed within
nine months from the date of the commencement of the terms of office
of said members, the said council is hereby further authorized and em-
powered to make said salaries relate back to and become payable from the
commencement of the terms of said members.

Said salaries, when provided and fixed, shall be payable out of the
general funds of said town when approved for payment by said council.
Said salaries shall not be increased or diminished during term of office.

§ 22. The council shall by ordinance adopt such rules as it may deem
proper for the regulation of its proceedings and shall meet at such times
as may be prescribed by ordinance, provided, however, that it shall hold
at least one regular meeting each month. A majority of the council shall
constitute a quorum for the transaction of business, but no ordinance or
resolution shall be adopted having for its object the levying of taxes or
contracting a debt except by a recorded, affirmative vote of two-thirds of
the members elected to the council. The Mayor, or any other two mem-
bers of the council, may call a special meeting of the council upon at
least twelve hours written notice of the time, place and purpose to each
member served personally or left at his usual place of business or residence
by the town sergeant, and no business shall be transacted by the council
in such special meeting which has not been stated in the notice, provided,
however, that these regulations shall not apply when all members of the
council attend such meeting or waive notice thereof, nor shall it apply to
an adjourned session from a regular meeting. No ordinance or resolution
appropriating money exceeding the sum of five hundred dollars, imposing
taxes, or authorizing the borrowing of money, shall be passed by the
council on the same day on which it is introduced, nor shall any such ordi-
nance or resolution be valid until at least three days intervene between its
introduction and the date of passage. No ordinance or resolution appro-
priating money exceeding the sum of one hundred dollars shall be passed
except by the recorded affirmative vote of a majority of all members
elected to the council. The meetings of the council shall be public, unless
the council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of the
council; and citizens may have access to the minutes and records of the
council at any reasonable time.

§ 23. The mayor and four councilmen, or in the absence of the mayor,
four councilmen shall constitute a quorum for the transaction of business,
except as herein or by the general statutes of this State otherwise pro-
vided. But no vote shall be reconsidered or rescinded at any special meet-
ing, unless at such special meeting there be present as large a number of
members of the council as were present when such a vote was taken.

§ 24. A journal shall be kept of the proceedings of the town council,
and at the request of any member present the yeas and nays shall be
recorded on any question. At the next meeting the proceedings shall be
read and signed by the person who was presiding when the previous meet-
ing adjourned, or if he be not then present, by the person presiding when
they were read.

§ 25. The clerk of the council shall keep said journal and shall record
the proceedings of the council at large thereon, and keep same properly
indexed.

§ 26. The town council shall be judge of the election, qualifications
and returns of its members; may compel the attendance of absent mem-
bers, and fine them for disorderly behavior, and, with the concurrence of
two-thirds, expel a member for malfeasance while in office.

§ 27. If any person returned as a member of the council shall be
adjudged by the council disqualified or be expelled, a new election to fill
the vacancy shall be held at the same place, on such day as the council may
prescribe.

§ 28. Any vacancy in the town council occurring otherwise than as
mentioned in § 27 above, during the term for which a member of the said
council has been elected, shall be filled by the council, by the appointment
of any one eligible to such office.

§ 29. If any member of said council be voluntarily absent from its
meetings consecutively for three months, his seat may be declared vacant
by the council, and the unexpired term filled by appointment as provided in
paragraph 3 (b).

§ 30. The town council shall have, subject to the provisions of this
act and the general laws of this State, the management and control of the
fiscal and municipal affairs of the town, and of all property, real and per-
sonal, belonging to the town.

§ 31. The town council shall have all power and authority that is now
or may hereafter be granted to the councils of towns by the Constitution
and general laws of this State; and the recital of special powers and author-
ities herein shall not be taken to exclude the exercise of any power and
authority granted by the general laws of the State to town councils, but
not herein specified.

§ 32. For carrying into effect the powers granted by this act and the
general laws of this State, the town council may make ordinances and
by-laws, and prescribe fines and other punishments for violation thereof,
lay taxes and levies, appoint a collector of taxes and levies, and such other
officers as they may deem proper, define their powers, prescribe their
duties and compensation, and take from any of them a bond, with surety,
in such penalty as to the council may seem fit, payable to the town by
its forporate name, and with condition for the faithful discharge of the
said duties.

§ 33. To raise annually by levy of taxes and assessments in the town
on all property, real and personal, as is 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 Constitution
of this State and of the United States

§ 34. To require the owner of every motor vehicle kept or habitually
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.

§ 35. To establish, levy, and collect, except when prohibited by gen-
eral 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
license, if any be required and may provide penalties for nonpayment
thereof.

§ 36. Where not otherwise provided for by the laws of this State the
town council shall by ordinance provide for any special elections not herein
or by the State laws provided for, and appoint the necessary officers to
conduct the same.

§ 37. The town council shall have the power and authority to protect
the persons and property of the inhabitants of the town and others within
the town, restrain and punish drunkards, vagrants and street beggars; to
prevent vice and immorality; to preserve the public peace and good order;
to prevent and quell riots, disturbances and disorderly assemblages; to
suppress houses of ill fame and gambling houses; to prevent and punish
lewd or indecent conduct or exhibitions in the town, and to expel therefrom
persons guilty of such conduct who have not resided therein as much as one
year; and for any violation of such ordinances may impose fines and other
punishments in addition to those prescribed by the laws of the State.

§ 38. The town council shall have the power and authority to prevent
the coming into the town of persons having no ostensible means of support,
and of persons who may be dangerous to the peace and safety of the town.

§ 39. The town council shall have the power and authority, where
any crime has been committed or attempted to be committed in the town,
in their discretion, to offer such reward as they think right to any person
or persons for information leading to the arrest or conviction of any such
criminal.

§ 40. The town council shall have the power and authority to estab-
lish a market or markets in and for said town, and appoint proper officers
therefor; to provide suitable buildings and grounds therefor; to prescribe
the time for holding markets and to regulate the same, and to make and
enforce such regulations as may be necessary and proper.

§ 41. The town council shall have the power and authority to provide
for the weighing or measuring of oil, coal, or any other article for sale,
and regulate the transportation thereof through the streets.

§ 42. The town council shall have the power and authority to lay
off public grounds and provide, erect and keep in order all buildings proper
for the use of the town; to provide a prison house and workhouse, and
employ managers, physicians, nurses and servants for the same, and pre-
scribe regulations for their government and discipline, and persons therein.

The town counci! shall have the power and authority to prevent
injury or annoyance from anything dangerous, offensive, or unhealthy, to
provide by general ordinances what are nuisances, to cause the abatement
of any nuisance so declared to be by the general laws of this State or by
the general ordinances of the town, and to require and compel the abate-
ment and removal of such nuisances within said town by or at the expense
of the owners of the ground whereon the same may be or of other persons
responsible therefor.

§ 44. The town council shall have the power and authority to appoint
a chief of police and such additional police officers and privates as it may
deem necessary or proper, to prescribe rules and regulations for the govern-
ment thereof, to prescribe uniforms and badges of office therefor, and to
prescribe their rate of pay; and in addition thereto the mayor, or in his
absence, the president pro tempore of the council, or in the absence of both,
any councilman, shall have the power and authority whenever the regular
police force of the town is inadequate to meet the needs of the occasion, to
appoint and swear in such additional or special policemen as he may deem
necessary for a term of service not to exceed ten days, and at such com-
pensation as the council may fix for special policemen. The duties and
powers of such special policemen shall be the same as that of private of the
regular police force.

§ 45. The police force shall be under the control of the mayor for
the purpose of enforcing peace and order and executing the laws of the
State and ordinances of the town. They shall also perform such other
duties as the council may prescribe. For the purpose of enabling them to
execute their duties, each policeman is hereby invested with all the power
and authority which belongs to the office of constable at common law in
criminal cases. Their pay, uniforms, and the rules and regulations for
said police force shall be prescribed by the council.

§ 46. The policemen of the town have no power or authority in civil
matters, but they shall in all other cases execute such warrants or sum-
monses as may be placed in their hands by the mayor or any councilman
of said town, or any other properly constituted authority, and shall make
due return thereof. The criminal jurisdiction of the policemen of the town
shall extend one inile beyond the corporate limits of the town.

§ 47. The town council shall have the power and authority to estab-
lish and maintain a fire department for the town, and all powers necessary
for the government, management, maintenance, equipment and direction
of such fire department and the premises, property and equipment thereof ;
or the council may contract with other persons, firms, corporations or
organizations to furnish for the town such services as are normally pro-
vided by a fire department and to provide such regulations as it may
determine appropriate to govern such persons, firms, corporations or organ-
izations in the performance of its functions under such contracts. The
council may make ordinances as it may deem proper for the prevention
and extinguishment of fires, for the regulation of the conduct of persons
in attendance at fires, in relation to the powers and duties of the officers
and men of the fire department, to require citizens to render assistance
to the fire department in case of need, and in relation to the acquisition,
use, maintenance and preservation of real estate, personal property, fire
apparatus and equipment necessary or proper for the use of the fire
department.

§ 48. The town council shall have the power and authority to regulate
the keeping or storage of gunpowder or other combustibles within the
town, and to provide magazines for the same, and direct the location of
all buildings for the storage thereof; to regulate the sale and use of gun-
powder and other combustibles, and firecrackers or fireworks manufac-
tured therefrom, kerosene oil, nitroglycerine, camphene, burning fluid, or
other combustible material; to regulate the exhibition of fireworks and
the discharge of firearms, and to restrict the making of bonfires in streets,
alleys and yards.

§ 49. The town council shall have the power and authority to acquire
or otherwise obtain control of or establish, maintain, operate, extend and
enlarge waterworks, gasworks, electric plants, and other public utilities
within or without the limits of the town; and to acquire within or without
the limits of the town by purchase, condemnation or otherwise, whatever
land may be necessary for acquiring, locating, establishing, maintaining,
operating, extending and enlarging said waterworks, electric plants and
other utilities, and the rights of way, rails, pipes, poles, conduits and wires
connected therewith or any of the fixtures or appurtenances thereof;
promulgate and enforce reasonable rates, rules and regulations for use
of the same, any or all of which rates, rules and regulations the council
may alter at any time without notice.

The council may discontinue serving water and electricity to any
consumer who defaults in payment for such service within the time pre-
scribed by the council for the payment thereof, for so long as such default
continues.

§ 50. The town council shall have the power and authority to require
the owners or occupiers of the real estate within the corporate limits of
the town which may front or abut on the line of any sewer or water pipe
line or conduit to make connections therewith, and to use such sewer
pipes or conduits and water furnished by the town under such ordinances
and regulations as the council may deem necessary to secure the proper
sewerage thereof and to improve and secure good sanitary conditions;
and shall have the power to enforce the observance of all such ordinances
and regulations by the imposition and collection of fines and penalties, to
be collected as other fines and penalties under the provisions of this act.

§ 51. The town is empowered to make and adopt a comprehensive
plan for the town, and to that end all plats and replats hereafter made
subdividing any land within the town or two miles of its corporate limits
into streets, alleys, roads and lots or tracts shall be submitted to and
approved by the council within such limitations as they may prescribe
before such plats or replats are filed for record or recorded in the Clerk’s
Office of the Circuit Court of Rockingham County.

§ 52. The town council shall have the authority to open, close, alter,
improve, widen or narrow streets, avenues, alleys and walkways; to have
them kept in good condition and properly lighted, to prevent the cumbering
of streets, sidewalks, alleys, lanes or bridges of the town in any manner
whatever; to prevent the building of any structure, obstruction or encroach-
ment over, under or in any street, sidewalk, or alley in said town. And
in the construction or improvement or paving of any alley or sidewalk
assess the abutting land owner for all or part of the cost of the same;
within the limits prescribed by § 170 of the Constitution of Virginia.

§ 53. The town council shall have the power and authority to adopt
ordinances authorizing owners or occupants of property abutting upon
any street or alley in the town, within such limitation as they may pre-
scribe, to construct and maintain in, upon and over such street or alley,
awnings, fire escapes, shutters, signs, cornices, gutters, down spouts and
bay windows and other appendages to buildings; but such permission so
granted shall be held and deemed to be a license merely and shall be
revocable at the pleasure of the town, and said permission shall not be
construed to relieve the said owners of any negligence on their part.
_ § 54. The town council shall have the power and authority in their
discretion to establish and maintain parks, playgrounds and boulevards
and cause the same to be laid out, equipped and beautified.

§ 55. For the promotion of health, safety, morals, comfort, property
and general welfare, the town is empowered to provide by ordinance, for
the adoption of a master plan, divide the area of the town into one or
more districts, establish building set back lines, regulate and restrict the
location, construction, reconstruction, alteration and repair or use of
buildings and other structures and their height, area and bulk and per-
centage of lot to be occupied by buildings or other structures and the trade,
industry and other specific uses of the premises in such districts and adopt

building, plumbing, electrical and other codes to carry these purposes into
effect.

§ 56. The town council shall have the power and authority to make
and enforce ordinances to secure the safe and expeditious use of the streets
and alleys of the town, to regulate traffic thereon, and for the protection
of persons and property thereon or near thereto.

§ 57. To provide, in or near the town, lands to be used as burial places
for the dead; to improve and care for the same and the approaches thereto,
and to charge for and regulate the use of the ground therein, to cooperate
with any nonprofit corporation in the improvement and care of burial places
and approaches thereto; and to provide for the perpetual upkeep and care
of any plot or burial lot therein, the town is authorized to take and receive
sums of money by gift, bequest, or otherwise to be kept invested, and the
income thereof used in and about the perpetual upkeep and care of the said

lot or plot, for which the said donation, gift, or bequest shall have been
made.

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

§ 59. There shall be appointed by the council a town treasurer, who
shall hold office during the pleasure of the council; but the present treas-
urer of the town shall continue to discharge the duties of the office until his
present term of office expires. Any vacancy in this office shall be promptly
filled by the council. The said treasurer shall be the disbursing agent of the
town and have the custody of all money and all evidences of value belong-
ing to the town or held in trust by the town. He shall receive all money
belonging to and received by the town and keep correct accounts of all re-
ceipts from all sources and of all expenditures of all departments. He shall
collect all taxes and assessments, water rents, electric bills, and other
charges belonging to and payable to the town, and for that purpose he is
hereby vested with powers similar to those which are now or may here-
after be vested in county and town treasurers for the collection of county,
town, and State taxes under the general law; he shall keep, disburse and
deposit all money or funds in such manner and in such places as may be
determined by ordinance or the provisions of the law applicable thereto;
he shall pay no money out of the treasury, except in the manner prescribed
by this charter or by ordinance or the general law; he shall perform such
duties as are usually incident to the office of commissioner of revenue in
relation to the assessment of property for town taxation and town license
taxes and shall have power to administer oaths in the performance of his
official duties; and shall make such reports and perform such other duties
not inconsistent with the office as may be required by this charter or by
ordinance or resolution of the council. The treasurer shall not be entitled
to any commission for handling the funds of the town but shall be paid
such salary as may be provided by the council, and before entering upon
the duties of his office shall execute a bond in such amount and with such
security as the council by ordinance may prescribe. The council may, in
its discretion, and if it deems it necessary or convenient, appoint some per-
son or persons from the electors of the town to assist the town treasurer
in the collection of all taxes and assessments, water rents, electric bills
and other charges belonging to and payable to the town, which person may
be the town sergeant, or superintendent of water works or electric depart-
ment, but before entering upon the discharge of his duties, such person
shall execute a bond in such amount and with such security as the council
by ordinance, may prescribe. The treasurer shall be subject to the super-
vision of the council of the town of Broadway and shall perform such other
duties not inconsistent with his office as may be required of him by the
town council; and he shall make all such reports as may be required of him
by the town council. The said treasurer and clerk may be one and the
same person if the council may deem it more expedient.

§ 60. If the council should see fit to appoint a town sergeant he shall
qualify and give bond in such amount as the council may require. He shall
be vested with powers of a conservator of the peace, and shall have the
same powers and discharge the same duties as a constable within the
corporate limits of the town and to a distance of one mile beyond the same,
and shall perform such other duties as may be from time to time pre-
scribed by the council. The office of town sergeant may be held by the
Chief of Police.

§ 61. The town council, within the limits of the Constitution of this
State and in accordance with the provisions of the general laws thereof,
may, in the name of, and for the use of the town, contract loans or cause
to be issued certificates of debts, notes or bonds.

§ 62. The council shall have the power to negotiate temporary loans,
in anticipation of taxes, for the purpose of paying current expenses of
the town; such loans to be evidenced by bonds or notes bearing interest
at not exceeding six per centum per annum; such bonds or notes shall be
payable within one year from date of issue out of the current revenue
of the year in which same are issued.

§ 68. Sinking Fund Provision. (a) There shall be set apart annually
from the revenues of the town a sinking fund sufficient in amount to pay
the outstanding indebtedness of the town, which by its terms, is payable
in not less than one year as it matures, and the council may, in its dis-
cretion annually from time to time, set aside such additional sinking fund
as may be deemed proper, and invest all of the sinking fund as hereinafter
set forth.

(b) All sinking funds shall be used exclusively in the payment of pur-
chase and redemption of the outstanding bonds of the town, and when
such sinking funds are not required or may not within a reasonable time
be required for payment of any bond of the town, or cannot be used to
advantage in the purchase and redemption of any bonds of the town,
which may be outstanding, the same shall be securely invested in interest
bearing municipal, State or government bonds or loaned upon otherwise
unencumbered real estate, within the town of Broadway upon the basis
hereinabove provided, or invested in any securities approved by the gen-
eral laws of the State for the investment of such funds, or deposited in a
bank on a reasonable rate of interest. Such sinking fund may be used
in the payment or purchase and redemption of all bonds of the town at the
discretion of the council.

§ 64. All bonds, and other evidences of indebtedness of the town
shall be signed by the mayor and countersigned by the clerk of the council,
and to all bonds the clerk of the council shall affix the corporate seal of the
town and attest the same.

§ 65. No member of the council shall be interested directly or in-
directly in the profits of any contract or work or be financially interested
directly or indirectly in the sale to the town of any land, materials, sup-
plies or services, other than official services. Any member of the council
offending against the provisions of this section shall, upon conviction
thereof, be fined not more than five hundred dollars or be imprisoned not
more than ninety days, or both in the discretion of the court, and shall
forfeit his office.

§ 66. The town is empowered to levy and collect taxes, on all subjects
of taxation except as restrained by the Constitution or by general law
heretofore or hereafter adopted, provided that it shall impose no taxes on
the bonds of the said town.

§ 67. The assessment of real and personal property in the town for
the purpose of municipal taxation shall be the same as the assessment for
the purpose of county taxation, but where the treasurer for the town
knows of property real or personal, that has been omitted by the com-
missioner of revenue of the county from his books, the treasurer of the
town shall advise the commissioner of revenue for the county thereof,
and the same shall be assessed for taxation as provided by law.

§ 68. The town is empowered to collect and dispose of sewage, offal,
ashes, garbage, carcasses of dead animals and other refuse, and make rea-
sonable charges therefor; to acquire and operate reduction or any other
plants for the utilization or destruction of such materials, or any of them;
to contract or regulate the collection and disposal thereof and to require
and regulate the collection and disposal thereof.

~ § 69. The council is empowered to inspect, test, measure and weigh
any commodity or commodities or articles of consumption for use within
the town; and to establish, regulate, license, and inspect weights, meters,
measures, and scales.

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

§ 71. The council may grant or refuse license to owners or keepers
of wagons, drays, carts, hacks, automobiles, motorcycles and other wheeled
carriages kept or employed in the town for hire, and may require the
owners or keepers of wagons, drays and carts, automobiles, and other
wheeled vehicles using them in the town, to take out license therefor,
and may assess and require taxes to be paid thereon, and subject the same
to such regulations as they may deem proper, and may prescribe their fees
and compensation.

§ 72. The town council is empowered to establish a local board of
health to consist of three persons, at least one of whom shall be a physician,
to be elected by the council and to serve at its pleasure, and to employ
such health officers and other employees as it may in its discretion deter-
mine to be proper. Such board of health, if established, shall have the
powers and perform the duties provided by general law for boards of health
in towns and shall, in addition, perform such other services as the council
may direct.

§ 73. The town council is empowered to fix rates for water, lights,
gas, and for use of sewer and other utilities supplied by the town from
its works, or utilities purchased from others.

§ 74. All ordinances now in force in the town of Broadway, not in-
consistent with this act, shall be and remain in force until altered, amended
or repealed by the town council.

§ 75. The town council is empowered to compel persons sentenced
to confinement in jail for misdemeanor or violations of town ordinances
to work on the public streets, parks or other public work of the town
there to perform such labor as the officer in charge may direct.

§ 76. The council may appoint pursuant to the provisions of § 16-129
of the Code of Virginia a trial justice for the town who shall serve
for a term of two years or until his successor is appointed by the
council and qualifies. The mayor, or any other qualified voter of the town
of Broadway whom the council deems qualified, may be appointed by it as
such trial justice. If the mayor is appointed as trial justice he shall dis-
charge such duties as the trial justice of the towm under this charter and
not as mayor of the town, in addition to the execution of the duties of the
mayor imposed upon him by this charter; and his powers, duties, authority
and jurisdiction as such trial justice shall be as hereinafter provided for
the trial justice; he may receive the salary of mayor provided by the
council for the discharge of his duties as mayor as well as such salary of
trial justice as may be provided by the council, if any.

The trial justice is hereby vested with the right and authority to issue
warrants, summon witnesses and try cases involving violations of town or-
dinances, or the collection of town taxes or assessments, or any other debts
due and owing to the town.

Fees and costs shall be assessed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to trial
justices as the same shall now be or as hereafter amended. All fees and
costs collected by the said trial justice and all fines collected for violations
of all ordinances of the town shall be paid into the town treasury for the
use and benefit of the town.

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of Rockingham County in the
same manner, upon the same terms and shall be tried in the same way as
removals, or as appeals from the decision of trial justices, as the case may
be, are provided to be taken and tried by the laws of the State of Virginia,
relating to trial justices as the same shall now be or as hereafter amended.

The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and provide
necessary records.

The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council shall
deem proper, and the council may provide also for a vacation period, either
with or without pay, and for such duration as in the judgment of the
council may be proper.

Like provisions may be made for a substitute justice, and when such
substitute acts, he shall receive the compensation which would have been
paid him had the principal acted, and which compensation shall be deducted
from salary or allowance made to the principal.

The town of Broadway may combine with the county of Rockingham
for the use of one trial justice and one substitute trial justice for such
combined town and county, in such manner as may be provided by the laws
of the State of Virginia relating to trial justices; and if the town of Broad-
way and the county of Rockingham shall at any time combine for the use
of one trial justice and one substitute trial justice for the said town and the
said county, the laws of the State of Virginia relating to trial justices, so
far as applicable, shall control and not this section of this charter.

§ 77. The present officers of the town shall be and remain in office
until expiration of their several terms, and until their successors have been
duly elected and qualified.

§ 78. This act may for all purposes be referred to or cited as the
Broadway Charter of nineteen hundred and fifty-four.

. Chapter 226 of the Acts of Assembly of 1885-1886, approved February
26, 1886, and all amendments thereof, is hereby repealed.
An emergency exists and this act is in force from its passage.