CHAPTER 358

An Act to provide a new charter for the town of Tazewell, in the county
of Tazewell, Virginia; and to repeal Chapter 78 of the Acts of Assem-
bly of 1916, approved February 29, 1916, which provided a charter for
such town, and all amendments thereof. tH ;

181

Approved March 29, 1958
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 Tazewell as hereinafter defined,
or as the same hereafter may be altered or established by law, shall con-
stitute and continue to be a body politic and corporate, to be known and
designated as the Town of Tazewell, and as such 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, and shall
have and exercise all the powers conferred by, and be subject to all the
- aad the State of Virginia for the government of towns of the State of
irginia.

§ 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 Com-
monwealth, all powers of the town shall be vested in an elected council
hereinafter referred to as the “Council”, which shall enact local legisla-
tion, adopt budgets, determine policies and appoint the town manager,
who shall execute the laws and administer the government of the town.

§ 1-3. Boundaries. The boundaries of the town shall be as estab-
lished by Chapter 78 of the Acts of Assembly of 1916, approved February
29, 1916, as follows:

“Beginning at a station one, the northwest corner of Mistress R. B.
Gillespie’s old seminary lot; thence crossing the turnpike east of the town of
Tazewell to a station two, on the north side of said turnpike, southwest cor-
ner of T. G. Witten’s land, and also corner of the Tazewell Courthouse Im-
provement Company’s plat of lots; thence with said company’s lines north
thirty-three degrees three minutes west, four hundred and seven and four-
tenths feet, to station three; north fifty-eight degrees twenty-seven minutes
east, thirty-six feet, to station four; north seventy-eight degrees east, four
hundred twenty-four and nine-tenths feet, to station five; north thirteen
degrees west one thousand eight hundred and seventeen feet, to station
six; north eighty-four degrees west seven hundred and fifty feet, to station
seven; north thirteen degrees forty-two minutes west fifty-three feet, to
station eight; thence north eighty-five degrees fifty-two minutes west, one
hundred and ninety-one feet, to station nine, southwest corner of lot
seven, section thirty-three on said plat of lots; thence south four degrees
forty-eight minutes west, seventy-five feet, to station ten, thence north
eighty-five degrees fifty-two minutes west, one thousand two hundred and
seventy-five feet, to station eleven, the northwest corner of lot one, section
seven, of said plat of lots; thence north nine degrees fourteen minutes west,
one thousand one hundred and forty-two feet, to station twelve in a former
line of the corporate limits of said town; thence with said old line north
fifty-eight degrees west, three hundred feet, to station thirteen on the east
side of the old road leading to Tazewell station, and with the east side of
same south thirty-three degrees west, ten poles and nine links, to station
fourteen; south eighty-seven degrees west, eighteen poles and seven links,
to station fifteen; south seventy-seven degrees west, three poles and six-
teen links, to station sixteen; south forty-nine degrees thirty minutes west,
five poles to station seventeen ; south twenty-two degrees forty-five minutes
west, five poles and eight links, to station eighteen, south thirteen degrees
and thirty minutes east, ten poles and sixteen links, to station nineteen;
thence north eighty-two degrees thirty minutes west, twenty-eight poles,
crossing said road to station twenty; thence south eleven degrees east,
forty-eight poles and ten links, to station twenty-one; thence south fifty-
four degrees and thirty minutes east, thirty-seven poles, to station twenty-
two on the west side of said old road, eight feet west of J. S. and A. P.
Gillespie’s gate post; thence south sixty-one degrees fifty-three minutes
west, thirty poles and seven links, to station twenty-three; thence north
eighty-two degrees fifteen minutes west, thirty-six poles and twenty-one
links, to station twenty-four, at a gateway on said Gillespie’s private road;
thence south sixty-seven degrees west, thirty-six poles and three links, to
station twenty-five; thence south thirty-eight degrees east, thirty poles and
fifteen links, to station twenty-six on the north edge of the turnpike west,
of the said town; thence with north side of same, south sixty-six degrees

minutes west, six poles and twenty-three links to station twenty-
seven; south fifty-seven degrees forty-five minutes west, twenty-six poles
and eleven links, to station twenty-eight; south sixty-eight degrees thirty
minutes west, twenty poles and six links, to station twenty-nine on H. G.
Peery’s line; thence crossing said turnpike south thirty degrees fifteen
minutes east, seventy-three poles, to station thirty; thence south seven
degrees, east one hundred poles to station thirty-one; south eighty-five
degrees east, twenty-six poles to station thirty-two; thence south seventy-
four degrees fifteen minutes east, twenty poles, to station thirty-three;
thence south seventy-six degrees thirty minutes east, thirty-seven poles
and fifteen links, to station thirty-four; north thirty-six degrees forty-five
minutes east, thirty poles, to station thirty-five; thence south twenty-one
degrees east, twenty-seven poles, to station thirty-six; thence south one
degree thirty minutes west, twenty-one poles, to station thirty-seven;
thence north eighty degrees thirty minutes east, one hundred and twenty-
nine poles, to station thirty-eight, in line between A. J. May and S. D. May;
thence north seventy degrees east, one hundred and thirty-eight poles, to
station thirty-nine, in line between S. D. May and A. J. May, junior; thence
north thirty-five degrees west, seventy-seven poles to station forty, on
south edge of W. O. Whitman’s road; thence with south side of said road
south seventy-seven degrees forty-five minutes west, fifty-three poles and
three links, to station forty-one, opposite Amy Smith’s southwest corner;
thence north eleven degrees and thirty minutes west, thirteen poles and
five links, to station forty-two; thence north seventy-five degrees thirty
minutes east, sixteen poles and thirteen links, to station forty-three; thence
north forty degrees thirty minutes west, nineteen poles, to station forty-
four ; thence north sixty-six degrees thirty minutes east, thirty-seven poles
and seven links, to station forty-five; thence north seventy-one degrees
east, sixty-eight poles, to station forty-six, in W. O. Whitman’s line; thence
north twenty-two degrees forty-five minutes west, forty-three poles, to
station forty-seven; south fifty-seven degrees west, thirty-two poles, to
station forty-eight; thence north thirty-four degrees west, one hundred and
six poles, to station forty-nine, on the south side of the turnpike east, of
said town; thence with south side of said turnpike south sixty-three degrees
fifteen minutes west, eight poles to station fifty; thence south forty-nine
degrees west, seven poles to the beginning.”

ARTICLE II—POWERS

§ 2-1. General grant of powers. The Town of Tazewell 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 Common-
wealth, and all other powers pertinent to the town government the exercise
of which is not in conflict with the said Constitution and the 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 Consti-
tution of this State and of the United States. .

§ 2-202. To impose special or local assessments for local improve-
ments and to enforce payment thereof, subject to such limitations pre-
scribed by the Constitution and laws as may be in force at the time of the
imposition of such special or local assessments.

§ 2-208. 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
persons as may be designated by the town council to issue such license, and
to maui 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 such 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 boundary of the town, whether a license
may be required therefor by the State or not, provided that such license fee
therefor, shall not exceed the amount charged by the State for such
license, if the State requires a license for such trade, business, profession,
occupation, employment or calling, and may provide penalties for the non-
payment thereof, which penalties may include, among other things, the
right to prohibit such person, firm or corporation from pursuing or con-
ducting such trade, business, profession, occupation, employment or call-
ing within the boundaries of said town unless and until] such license shall
have been paid.

§ 2-205. To establish, levy and collect taxes for admission to or
other charges for any public amusement, entertainment, performance, ex-
hibition, 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, sewage facilities, electricity, gas, telephone or other
public utilities service used within the town, which public utility service is
wholly owned, operated and controlled by the town or an agency, board
or commission of the town, which taxes may be added to and collected with
the bills rendered to the purchasers of such service.

§ 2-207. To establish, levy and collect a tax on all subjects of tax-
ation not prohibited to it by, or 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, rendered or furnished by the town; and to
assess or cause to be assessed, after reasonable notice to the owner or owners,
water, sewage rates and charges directly against the owner or owners of
the buildings or against the proper tenant or tenants. In event such rates
or charges are assessed against the owner or owners, such rates and
charges, together with such penalties, and interest not to exceed six per
cent, as the council by ordinance may 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 such manner as delinquent taxes are
filed and collected. 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 ordinance prescribe
before furnishing such service to such tenant. The town shall have the right
and power to charge a different rate for water or sewage service rendered
or furnished to citizens without the corporate limits from the rates charged
for similar services furnished to citizens within the corporate limits.

§ 2-209. To charge and collect fees for permits to use public facili-
ties and for public services and privileges. The said town shall have the
right and power to charge a different rate for any service, facility or
privilege rendered or convenience furnished to citizens without the cor-
porate limits from the rates charged for similar services, facilities or
privileges rendered or conveniences furnished to citizens within the cor-
porate limits.

§ 2-210. To accept or refuse gifts, donations, bequests or grants
from any source for any purpose related to the powers, rights, duties and
functions of the town government.

§ 2-211. To provide, or add to the support of public libraries, public
schools, public hospitals, public parks, public museums, and public recrea-
tion facilities.

.§ 2-212. To provide for the control and management of the fiscal
affairs of the town, and to prescribe and require the adopting and keeping
of such books, records, accounts and systems of accounting as may be
necessary to give full and true accounts of the affairs, resources and
revenues of the town, and the handling, use and disposal thereof.

§ 2-213. To borrow money, contract debts, make and issue, or cause
to be issued as evidences thereof, bonds, notes, or other obligations within
the limitations prescribed by the Constitution, and in accordance 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 property, facilities
or services in connection with any public utility owned or operated by the

town.

§ 2-214. To expend the money of the town for any and 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 purposes necessary in carrying out any of the functions
of the town or the government of the town; and to hold, improve, sell,
lease, mortgage, pledge or otherwise dispose of the same or any part there-
of, including any property now owned by the town.

§ 2-302. To own, operate and maintain waterworks; 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
purpose 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 customers and consumers, both within
and without the corporate limits of the town, and to charge and collect
water rates therefor; to erect and maintain all necessary dams, storage
basins or tanks, filtration plants, purification plants, pumping stations
and other works in connection therewith; to make reasonable rules and
regulations for promoting the purity of its water supply and of 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 and
within the limits of the watershed 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 or any other appropriate legal process any pol-
lution or threatened pollution of such water supply and any and all acts
likely to impair the purety thereof for adequate water supply; and to
carry out the powers herein granted, the town may exercise within this
state all powers of eminent domain provided by the laws of this State.

§ 2-303. To construct, maintain, regulate and operate public im-
provements of all kinds, including, among other things, but not limited to,
municipal and other buildings, armories, sewage 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 for the comfort, welfare and benefit of the citizens; to
acquire by condemnation or otherwise, as may be provided by law, all
lands, riparian and other rights, easements, rights of way and privileges
as may be necessary for such improvements, or any of them, either within
or without the town; and to construct, maintain or aid therein, roads,
streets, highways, bridges, underpasses and overpasses to any property
owned by the town and situate beyond the corporate limits thereof, and
to acquire the land necessary by condemnation or otherwise as may be
provided by law.

§ 2-304. To survey, establish, enter, open, widen, extend, grant, con-
struct, pave, maintain, repair, light, sprinkle and clean public streets,
highways, alleys, sidewalks, parkways, and parks, and relocate, alter or
close the same; and in relocating, altering or closing any public street,
alley, sidewalk, parkway or park, to have the power to agree to a substitu-
tion of a new location, in whole or in part, in the place and stead of such
street, alley, sidewalk, parkway or park, or portions thereof relocated,
altered or closed, and to execute such agreements, releases or deeds in
connection therewith as may be deemed expedient or proper in carrying
the same into effect; and also to have the power to ratify and approve the
substitution and new locations, in whole or in part, in the place of a
public street, alley, sidewalk, parkway or park, or portions thereof pre-
viously relocated, altered or closed, in whole or in part, and all approving
and ratifying agreements, releases or deeds previously executed by said
town in connection therewith and carrying the same into effect at the
time thereof, if deemed expedient and proper; to regulate the weight of
loads to be hauled or carried over and upon the streets, alleys, sidewalks
and parkways, insofar as such regulation of weights and 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, sidewalks, alleys, parkways and public places; to prevent
the obstruction, destruction or injury to any such streets, highways, alleys,

arkways, parks, sidewalks or public places; in conformity with and sub-
ject to the provisions of Articles 3 and 6 of Chapter 13 of Title 56 of the
Code of Virginia, 1950, as amended, to require any railway company
operating a railroad at the place where any highway, street or alley-
way or sidewalk 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
council; to regulate the operation and speed of all cars, motorcycles, bi-
cycles, or vehicles of any nature whatsoever upon said streets or highways,
as well as the speed of all engines, cars and rolling stock of railroad trains
within the town; to permit or prohibit towers, poles, conduits, cables, or
wires for electric, telephone, telegraph, radio or television purposes to be
erected, wired, or constructed; to construct, maintain, repair and operate
bridges, sidewalks, subways, tunnels, sewers, and drains or to permit the
construction, maintenance, repair and operation thereof ; 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, con-
venient and attractive.
§ 2-805. To establish, maintain, regulate the use of parks, golf
courses, playgrounds, stadia, recreation areas and public grounds, and
to keep them lighted and in good order; to construct in such parks, golf
courses, playgrounds and public grounds as the town may maintain or
upon any town property, stadia, swimming pools, gymnasia and recrea-
tion or amusement buildings, structures, or enclosures of every character,
refreshment stands, restaurants and the like; to charge admission for the
use of such grounds, and to rent out or lease the privileges of such con-
structing or using such parks, golf courses, playgrounds, public grounds,
swimming pools, stadia, recreation or amusement buildings, structures
oe enclosures of every character, refreshment stands, restaurants and the
ike.

§ 2-806. To establish, construct, repair and maintain sanitary
sewers, sewer lines and systems, and to require all property owners within
the town to connect therewith; to establish, construct, repair, maintain
and operate sewage disposal plants; to acquire by condemnation or other-
wise, 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, tap fees, rentals, assessments
and 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, the general laws of Virginia and this charter;
provided the town shall at any time have the power to contract for, own,
operate, manage, sell, lease, 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 express consent of the citizens by referendum.

§ 2-308. To own, operate, repair and maintain electric light and
gasworks, either within or without the corporate limits of the town, and
to supply electricity and gas whether the same be generated, produced or
purchased by the town, to its customers and consumers both within and
without the corporate limits of said town, at such prices and upon such
terms as the Council may deem advisable; the town shall have the right
and power to charge a different rate for any service rendered for elec-
tricity or gas furnished to citizens without the corporate limits of the
town from the rates charged for similar services, electricity and gas to
citizens within the corporate limits; and to that end the town may con-
tract and purchase electricity and gas upon such terms as it may deem
expedient.

§ 2-309. To establish, maintain and operate landing fields or air-
ports within or without the corporate limits of the town and for such
purposes to acquire real estate by gift, lease, purchase or condemnation;
to lease such landing fields or airports to others to be used for any lawful
purpose; to sell, encumber, or otherwise dispose of the same as the Coun-
cil may deem expedient; to erect and maintain buildings and appurtenances
necessary for the use of such landing fields and airports and to prescribe
and enforce rules and regulations not in conflict with the laws, rules and
regulations prescribed by the State of Virginia and the Federal Govern-
ment for the use and protection of the citizens and for such landing fields
or airports.

§ 2-310. To give names to and to change and alter the names of
streets and alleys.

2-311. To acquire, construct, own, maintain and operate within
and without the corporate limits of the town, places for the parking or
storage of vehicles by the public, which shall include but shall not be lim-
ited to, parking lots, garages, buildings or other lands, structures, equip-
ment and facilities, when in the opinion of the Council they are necessary
to relieve congestion in the use of streets, roads and alleys, and to reduce
hazards incident to such use; to provide for their management and control
by a department of the town government or by a board, commission or
agency especially established by ordinance for that purpose; to 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 prescribe by appropriate ordinance or resolution; and
to charge or authorize the charging of compensation for the parking or
storage of vehicles, or other services at or in such places.

_ § 2-312. To accept or to refuse, by ordinance or resolution, the dedi-
cation of streets, roads, parks, parkways and alleys, easements or lands
for other public use or purpose, unless the title to the same be acquired
in fee simple in accordance with any subdivision regulation adopted under
the provisions of Article VII.

§ 2-313. To exercise the power of eminent domain within the town
for any lawful purpose of the town; and without the corporate limits of
the town for any property required for any of the public services or utili-
ties of the town.

§ 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 enforce 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, con-
venience, morals and welfare of the town and of its inhabitants, and among
such powers, but not a limitation thereof, the town is empowered:

§ 2-401. To collect and dispose of sewage, offal, ashes, garbage,
trash, carcasses of dead animals and other refuse, and to make reasonable
charges therefor, and to provide such facilities for citizens living without
the corporate limits of said town and to make reasonable charges therefor;
to acquire and operate dumps, land fills, reduction plants, or any other
plants for the utilization or destruction of such materials; and 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 es-
tablish, regulate, license and inspect weights, meters, measures and scales;
to NAGE standards of purity, in conformity with existing state and fed-
eral laws and regulations for milk, foods and foodstuffs sold within the
corporate limits of the town.

2-408. To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals and other similar shows or fairs or
to prohibit the holding of the same or any of them within the town.

§ 2-404. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town without the corporate
limits at the expense of the person or persons causing the same, or of the
owner or occupant of the grounds or premises whereon the same may be
and to collect said expense by suit or motion or by distress or sale; to re-
quire that all lands, lots and other premises within the town be kept clean
and sanitary and free from stagnant water, weeds, filth, junk and unsight-
ly deposits, or to make them so at the expense of the owners or occupants
thereof; to control and regulate junk yards and automobile parts yards to
the end that such junk yards or automobile parts yards shall not be un-
sightly, and the town may require by appropriate ordinance that all such
junk yards or automobile parts yards be so fenced or screened that the
same will be hidden from public view; and in the event it is necessary
for the town to do any work in connection with keeping the property or
lands sanitary and free from stagnant water, weeds, filth, junk or other
unsightly deposits or controlling such junk yards or automobile parts
yards as above set forth, the town shall have the right to collect monies
expended by it from the owner or operator by suit or motion or by dis-
tress and sale; to pass and enforce any ordinance that may be necessary
for the public safety for the control of dogs, cats and other pets; to
regulate or perent slaughter 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 dangerous or unwholesome business, trade
or employment therein; to regulate the transportation of all articles
through and upon the streets of the town; to compel the abatement of
smoke and dust and prevent unnecessary noise; to regulate the location
of stables and the manner in which they shall be kept and constructed; to
regulate the location, construction, operation and maintenance of bill-
boards, signs and advertising; and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, aesthetic
sensibilities, safety, convenience and welfare of the inhabitants of the
town; and to require all owners or occupants of property having side-
walks in front thereof to keep the same clean and sanitary and free from
all weeds, filth, junk, unsightly deposits, ice and snow.

§ 2-405. To extinguish and prevent fires and to establish, maintain,
regulate and control a fire department or division; to regulate the size,
height, materials and construction of buildings, fences, walls, retaining
walls and other structures hereafter erected in such manner as the public
safety and convenience may require; to remove or require to be removed
or require to be reconstructed any building, structure or addition thereto
which, by reason of dilapidation, defect of structure or other causes, may
have become dangerous to life or property, or which may be erected con-
trary to law; to establish and designate from time to time fire limits, with-
in which limits wooden buildings shall not be constructed, added to, en-
larged or repaired, and to direct that any or all future buildings within
such limits shall be constructed of stone, natural or artificial, concrete,
brick, steel or other fireproof materials; and may enact stringent and ef-
ficient laws for securing the safety of persons from fires in halls and
buildings used for public assemblies, entertainment or amusements.

§ 2-406. To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder, nitro-
glycerine, kerosene oil or other like materials; to regulate the discharge
of firearms, and the making of bonfires in the streets and yards; to pro-
hibit 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
setback 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 de-
stroy or otherwise dispose of any such article or thing without liability to
the owner thereof; to prevent the introduction or spread of contagious or
infectious diseases, and prevent and suppress disease generally, to provide
and regulate hospitals within or without the town limits, and if necessary
to the suppression of disease, to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided for them; to
construct 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 in-
stitutions.

§ 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 ani-
mals 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 dangerous or annoying to passersby, and to prohibit and punish the abuse
of animals.

§ 2-412. To control, regulate, limit and restrict, insofar as not pro-
hibited by general law, the operation of motor vehicles carrying passen-
gers 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 dif-
ferent 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
beggars; 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 malic-
ious damage to school and public property, as well as private property.

§ 2-416. To offer and pay rewards for the apprehension and con-
viction of criminals; to compel persons sentenced to confinement in the
jail of the town for any misdemeanor or other violation of the laws or
ordinances of said town to work on the public streets, parks or other
public works of the town; and on the requisition of the mayor, or other
person acting as judge of the municipal court, it shall be the duty of the
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 purpose of carrying into effect the police regulations of said town,
the town may, subject to the provisions of general law, be allowed the use
of the jail of Tazewell County or the jails of other counties or municipali-
ties, or the use of the facilities of Bland Correctional Farm, for the safe-
keeping and confinement of all persons who shall be sentenced to imprison-
ment under an ordinance of said town, provided, however, the town shall
pay the cost of keeping such persons in such jails or at such correctional

‘arm.

§ 2-417. To prohibit begging, and to prohibit or regulate the solici-
ting by any person, group of persons, firm, corporation, charitable organi-
zation and the like, and the peddling or hawking of any article for sale
within the town, provided that such prohibition or regulation shall not be
applied with respect to persons duly licensed and regulated exclusively by
the Commonwealth of Virginia; the town, however, shall have the right to
require the purchase of a local license at a cost not exceeding the cost of
a similar state license, from any person, firm or corporation hawking or
peddling any article for sale within the town.

§ 2-418. To punish for releasing or attempting to release a pris-
oner, or interfering in any manner with an officer in the exercise of his
official duties.

§ 2-419. To make and enforce ordinances to regulate, control,
license and tax the manufacture, bottling, sale, distribution, handling, ad-
vertising, possession, dispensing, drinking, and use of alcohol, and all
liquids, beverages 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 beverages, 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 ar-
rests 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 county court of the county
wherein 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
permits for the use of, streets, alleys, and other public places for the
maintenance and operation of tracks, poles, wires, cables, pipes, conduits,
bridges, subways, vaults, sewers, areas and cellars; require tracks, poles,
wires, cables, pipes, conduits and bridges to be altered, removed or relo-
cated 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 on, over,
under or in any street, alley, sidewalk or other public place; provide penal-
ties for maintaining any such obstruction or encroachment; remove the
same and charge the cost thereof to the owner or owners, occupant or occu-
pants 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
obstructing 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
produced, prepared, distributed, sold, served or stored; regulate the con-
struction, installation, maintenance and condition of all water and sewer
pipes, connections, toilets, water closets and plumbing fixtures of all kinds;
regulate the construction and use of septic tanks and dry closets, and the
sanitation of swimming pools; compel the use of sewers, the connection of
premises therewith, and the installation in such premises of suitable sani-
tary facilities; regulate or prohibit connections to and use of sewers; to
prevent the connecting of roof drains and storm sewers to any sanitary
sewer system; to regulate or prohibit the use of garbage disposal units
connected to the sanitary sewer system; and make and enforce all regu-
lations necessary to preserve and promote public health and sanitation and
Bratect 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, remod-
eled or improved, and the sanitation of the premises surrounding the same.
2-425. To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided for conviction of such
violation. .

§ 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 Commonwealth for a similar offense.

§ 2-427. 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 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 Tazewell 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 Tazewell 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, pro-
vided that the power referred to in this section shall not apply with respect
to persons duly licensed and regulated by the Commonwealth of Virginia.

§ 2-430. To create a Sinking Fund Commission to have full power
and control over and administration of a sinking fund or funds for the
redemption 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 Tazewell 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 or council
as determined by ordinance or resolution of the council, such primary
election or mass meeting to be held at least sixty days prior to the date
of the municipal election. Six councilmen shall be elected at a regular
municipal election to be held on the 2nd Tuesday in June, 1959, of which
six councilmen three shall be elected for terms of four years each, and
three for terms of two years each, and every two years thereafter in the
manner prescribed by law, three councilmen shall be elected for terms of
four years each, which term of office shall begin on the 1st day of Septem-
ber following such election and such councilmen shall serve until their
successors have been elected and qualified. At each regular municipal
election held every two years as aforesaid, there shall also be a mayor of
said town elected for a term of two years whose term of office shall com-
mence on the 1st day of September immediately following such election,
and shall serve 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 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:

§ 8-401. Appoint and remove the town manager, the town clerk, the
town attorney, the police justice, issuing justices and officers of the volun-
teer fire department.

§ 3-402. Adopt a budget of the town.

§ 3-403. Inquire into the conduct of any office, department or agency
of the town and make investigations as to municipal affairs.

§ 3-404. Appoint members of the Planning Commission, the Board
of Zoning Appeals, the Sinking Fund Commission, Recreation Commission
and the members of any and all other boards, agencies and commissions
authorized by this charter or by general law, 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
government of the town and impose fines and penalties for the violation or
nonobservance thereof.

§ 3-408. To compel the attendance of its members and to punish its
members for disorderly behavior and by an affirmative vote of five mem-
bers of the council, expel a member.

§ To require and secure such bonds for any of the town
employees 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 except as herein otherwise specifically provided.

3-5. Mayor. On the first day of September, 1959, 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 shall have no veto. He shall be recognized as
the head of the town government for all ceremonial 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
adjust 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 unani-
mous 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 two-thirds 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 parliamen-
tary procedure the council shall act only by ordinance or resolution, and
all 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. Ordinances making appropriations or other
obligations and appropriating 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 Tazewell”. 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

tive 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 ordinances 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, pass emergency measures to take effect at the time indicated
therein. 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 in-
creasing a tax or license, or providing for any new form of tax shall be
adopted until notice has been published at least once a week for four
consecutive weeks prior to its passage in a newspaper having general
circulation in the town.

§ 3-88. 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 council. But no member who has any personal or
financial interest in the result of any ordinance or resolution before 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 execu-
tive 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 receive such com-
pensation 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 perform 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
ee The town manager shal] have the authority and it shall be his
uty:

§ 8-911. To see that all laws, ordinances, resolutions, and by-laws
of the council are faithfully enforced.

§ 8-912. 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.

§ 3-914. To recommend to the council for adoption such measures
as he may deem necessary or expedient.

§ 8-915. 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.

- § 8-916. 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, subject to confirmation of the council, or upon resolution
of the council to act as, the town treasurer with the following duties:

§ 83-9181. To be the collector and custodian of all funds belonging
to the town and to deposit such funds in such depositories as may be
designated by 'the council.

§ 38-9182. To have custody of all investments and invested funds of
the town in a fiduciary capacity.

§ 38-9188. 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 the council.

§ 3-92. A Town Clerk, who may also be the town manager, for an
indefinite term 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 shall have the following duties:
§ 8-921. To be custodian of the corporate seal.

§ 8-922. To give notice of council meetings.

§ 3-923. To Keep a journal of council proceedings. . ;

§ 8-924. 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.

§ 8-926. To perform such other duties as may be prescribed or re-
quested by the 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.
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
matters 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.

§ 8-932. 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.

§ 8-94. A Police Justice as provided in Article V.

§ 3-95. An Issuing Justice, as provided in Article V.

ARTICLE IV—FINANCIAL ADMINISTRATION

§ 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
year.

§ 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, including a budget for each utility operated by the
town, and a capital budget.

§ 4-18. The general fund and/or utility budget shall contain:

§ 4-181. An itemized statement of the appropriations recommended
with comparative statements in parallel columns showing appropriations
made for the current and next preceding year.

§ 4-132. 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.
ett R; 4-133. A statement of the financial condition of the town and/or

ities.

§ 4-184. 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.
8 4-135. Such other information as may be requested by the 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 sup-
porting 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. The council shall approve not later than September 30th,
upon the affirmative vote of the 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.

§ 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 improve-
ment 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 appropria-
tion was made shall have been accomplished or abandoned, 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
under 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 certi-
fied public accountants, who, as of the end of the fiscal year, shall make
an independent audit of accounts and other evidence of financial transac-
tions 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. a

§ 44. Liens. A lien shall exist on all real estate within the cor-
porate limits for taxes, levies, and assessments in favor of the town, to-
gether 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 addi-
tional remedies for the collection of town taxes which are now or here-
after 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.

ARTICLE V—ADMINISTRATION OF JUSTICE

§ 5-1. Police Justice. There is hereby created the office of Police
Justice for the Town of Tazewell.

§ 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 the 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 substi-
tute police justice, or if the mayor has been appointed as police justice,
then during the absence or disability, the vice-mayor shall act as substi-
tute 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 the council.

§ 5-13. Jurisdiction. The police justice is hereby vested with orig-
inal and exclusive jurisdiction of all offenses against any ordinance of the
Town of Tazewell, Virginia, which violation occurs within the corporate
limits of said town.

§ 5-14. Appeals and Warrants. Appeals from the decision of the
police justice shall be as provided in Title 16.1 of the Code of Virginia, as
amended, and all cases appealed from the police justice shall be appealed
to the Circuit 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 sen-
tence, that the alleged offense involved a felony, then, in lieu of final dis-
position by the police justice, the case may be certified by the police justice
to the County Court of Tazewell County, Virginia, to be there dealt with
as provided by 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 § 16.1-26 of the Code of Virginia,
and shall be a conservator of the peace within the corporate limits of the
Town of Tazewell and for one mile beyond the corporate limits thereof.

§ 5-15. Compensation and Clerical Assistant. A salary to compen-
sate 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, pro-
vide just compensation therefor and provide necessary records.

§ 5-16. County Court. Nothing herein contained shall be construed
as affecting the provisions of § 16.1-75 of the Code of Virginia.

§ 5-17. Necessity of Warrant. Nothing contained in this charter
relating to the issuance of warrants shall be construed as affecting or
altering the provisions of § 16.1-129.1 of the Code of Virginia.

§ 5-2. Issuing Justice. There is hereby created the office of Issuing
Justice for the Town of Tazewell.

§ 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 is 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 thereon.

§ 5-28. Compensation. Compensation shall be paid to any such issu-
ing justices by the town as provided by 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, not to exceed the fines or punishment provided
by general law for similar offenses, 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.

§ 5-32. How Fines and Costs Paid. All costs collected by the police
justice and all fines for violations of all laws and ordinances of the
alta shall be paid into the town treasury for the use and benefit of the

wn.
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 welfare. The master plan may include but shall not be limited to
the following:

_ _§ 6-101. The general location, character and extent of all streets,
highways, avenues, boulevards, roads, lanes, alleys, walks, parks, squares,
playfields, playgrounds, recreational facilities, stadia, swimming pools,
aNpors and other public places or ways, change of use or extension

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,
tei pean vacating, abandonment, change of use, alteration or extension

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 plan-
ning commission consisting of seven members, appointed by the council.
One member shall be a member of the council appointed for a term con-
current with his term in the council. One member shall be the town man-
ager appointed 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. 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 re-election, and appoint a secretary. The com-
mission 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 commis-
sion shall appoint such employees as it may deem necessary for its work
and may contract with city planners, engineers, architects and other con-
sultants 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 accompany-
ing maps, plats, charts and descriptive matter shall show the commis-
sion’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.

§ 6-182. To act as a zoning commission as provided in § 6-221.

§ 6-138. 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.

§ 6-134. 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.

6-136. To make an annual report to council concerning its activ-

§ 6-187. 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 corres-
ponding to major geographical sections or geographical or topographical
divisions of the town, or with functional subdivisions of the subject matter
of the plan, and may adopt any amendment or extension thereof or addi-
tion thereto. Before the adoption of the plan or any such part, amendment,
extension or addition, the commission shall hold at least one public hear-
ing 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, ex-
tension or addition 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 commission 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
thereafter 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 commission, but such submission and approval shall not be necessary
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 com-
mission. In case of disapproval 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, vaca-
tion 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 section shall not be deemed to apply to
the pavement, repavement, reconstruction, 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
zoning 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 in-
clude but shall not be limited to the following:

6-201. It may permit specified uses of land, buildings and struc-
tures 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 byildings
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
condition; and may require that such buildings or structures and the use
thereof shall conform to tthe regulations and restrictions prescribed for
the district or districts in which they are situated whenever they are en-
larged, 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 _restric-
tions 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 once in a paper of
general circulation in said town; provided, however, that where each pro-
posed change in, or amendment or supplement to, any such regulation,
restriction, or boundary, if initiated within the council, shall be first re-
ferred by the council to the planning commission for report and recom-
mendation, and where said commission makes such report and recom-
mendation to the council after a public hearing in relation thereto held
by said commission pursuant to one notice published at least five days
prior to such hearing in a paper of general circulation 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 once in a paper of general circulation 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 lots in-
cluded 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 hearings thereon
before submitting its final report, and the council of the Town of Tazewell
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 safeguards, 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 removal for cause by the
council, upon written charges and after public hearing. Vacancies shall
be filled by the council for the unexpired term of any member.

§ 6-232. 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
determine. Such chairman, or in his absence, the acting chairman, may
administer 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 im-
mediately filed in the office of the board, and shall be a public record.

§ 6-233. 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 trans-
mit 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 appealed 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 proceedings shall not be stayed otherwise than by a restraining
order which may be granted by a court of record on application, and
note 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.

§ 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
administrative 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.

§ 6-243. To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the public
interest where owing to special conditions a literal enforcement of the
provisions 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 deter-
mination as should be made and to that end shall have all the powers of
the administrative officer charged by the ordinance with enforcement. The
concurring affirmative vote of three members of the board shall be neces-
sary to reverse any order, requirement, decision or determination of the
administrative 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
participating 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 reconsidera-
tion, 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 testi-
mony which finding of fact shall be reduced in writing and preserved
among its records.

§ 6-26. Appeals from Decisions of Board of Zoning Appeals. Any
rson or persons, jointly or severally, aggrieved by any decision of the
ard 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,

specifying the grounds of the illegality. Such petition shall be presented to

ie panel within thirty days after the filing of the decision in the office of
e board.

§ 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, give notice to the board and, upon due cause
shown, issue a restraining order. The board shall not be required to produce
the original record and documents but it shall be sufficient to produce certi-
fied 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
matters 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
decision 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 dis-
position 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 structure is used
in violation of any ordinance adopted in accordance with § 6-22 the town
may institute and prosecute appropriate action or proceedings 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 viola-
tion of any provision of the regulations made under authority of this or
the preceding section. Any person convicted of violating any rule or regu-
lation enacted by ordinance under the zoning powers granted the council
by this charter and general law shall be guilty of a misdemeanor and upon
Soniye shall be subject to such penalties as may be prescribed by the
council.

§ 6-8. 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 subdivision
of land in the manner hereinafter provided. Such regulations and restric-
tions 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 arrange-
ment of streets and sidewalks with relation to other existing streets,
planned streets and the master plan; access for fire fighting 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 designa-
tion of streets and other public places; laying out and constructing side-
walks; procedure for making variations in such regulations and restric-
tions; requirements for plats and subdivisions and 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 condi-
tion 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
construction 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 publi-
cation, and the place at which persons affected may appear before the
council 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, pro-
vided 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 general 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 pro-
prietor of any tract of land situated within the corporate limits of the
town of Tazewell, who subdivides the same shall cause a plat of such sub-
division with reference to known or permanent monuments to be made and
recorded 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
applicable, 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 sub-
division has been approved as provided and admitted to record in the office
of the Clerk of the Circuit Court of Tazewell County.

§ 6-86. 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.

§ 6-37. Vacation of Recorded Plats. Any plat or part thereof re-
corded 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
approved 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, acknowledged and recorded in the clerk’s
office wherein the plat to be vacated is recorded. The execution and re-
cordation 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 ap-
plication 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 reference 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 viola-
tion or attempted violation of the provisions of this act, or of any of the
provisions of the regulations adopted as authorized in this act, the council,
in addition to other remedies, may institute any appropriate action or
proceedings to prevent such violation or attempted violation, to restrain,
correct, 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 such tract of land and who violates any
of the provisions of the regulations adopted under the authority of 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.

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
shall 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.

7-3. General Powers. The Town of Tazewell 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 Tazewell, 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 Tazewell Charter of 1958.

2. Chapter 78 of the Acts of Assembly of 1916, entitled “An ACT to pro-
vide a new charter for the town of Tazewell, in the county of Tazewell,
and to repeal all other acts or parts of acts in conflict therewith”, approved
February 29, 1916, and acts amendatory thereto, are hereby repealed.

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