CHAPTER 362

An Act to provide a new charter for the Town of Dublin, County of
Pulaski, Virginia; and to repeal Chapter 206 of Acts of the Assembly
of 1906, approved March 14, 1906, and all amendments thereof; and
all other acts inconsistent with this act. CH 168]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. § 1. The inhabitants of the territory embraced within the present
limits of the Town of Dublin, Virginia, County of Pulaski, as hereinafter
set out and described, or as the same may be hereafter altered and estab-
lished by law, shall constitute and continue a body politic and corporate, to
be known and designated as the Town of Dublin, and as such shall have
and may execute all powers which will now, or may hereafter, be con-
ferred upon or delegated to towns under the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as if such powers were
specifically enumerated herein; and no enumeration of particular powers
herein shall be held to be exclusive, and said Town shall have, exercise, and
enjoy all the rights, immunities, powers, privileges, and be subject to all
the duties and obligations now appertaining to and incumbent on said
Town as a municipal corporation, and the Town of Dublin, as such, shall
have perpetual succession, may sue, and be sued, implead and be impleaded,
contract and be contracted with, and may have a corporate seal which it
may alter, renew, or amend at its pleasure by proper ordinance.

§ 2. The adoption of this Charter shall not in anywise affect the
validity of any contract or obligation of the Town of Dublin, which is not
lngoraintante with the provisions of this Charter, and which is otherwise
valid.

§ 8. Town boundaries.—The corporate limits of the Town of Dublin,
Virginia, until altered as provided by law, shall embrace the territory
within the following boundaries, to-wit:

BEGINNING at a point in the west line of the Giles Turnpike ‘(Vir-
ginia State Route 100) and which said point marks the corner common to
the lands of S. H. Bell and the Dublin School lot; thence North 00° 28
West 135 feet to a point; thence North 6° 28’ East 878 feet to a point;
thence South 62° 49’ East 942.2 feet to a point; thence North 50° 06’ East
406.8 feet to a point; thence South 71° 48’ East 1,508.7 feet to a point;
thence North 70° 08’ East 590 feet to a corner at the cemetery; thence
following along the west line of said cemetery S. 8° 06’ East 303 feet;
thence North 86° 45’ East 122 feet; thence South 16° 08’ East crossing the
Lee Highway (U. S. Route No. 11) and the Norfolk and Western Railway
right-of-way 824.5 feet to the North line of the old Lee Highway (alternate
U. S. Route No. 11) ; thence with the north line of said old Lee Highway
South 62° 54’ West 338.4 feet to a point; thence South 18° 00’ East cross-
ing said old Lee Highway and the Dunlop Road 2,633 feet to a point in the
north line of Powder Plant Road; thence with the Powder Plant Road
South 37° 00’ West 363 feet to a point; thence leaving said Powder Plant
Road South 76° 00’ west 2,390 feet to a corner at the Dublin Pump House
lot; thence South 31° 39’ West 361 feet; thence North 35° 56’ West 550
feet; thence South 25° 25’ West 1,860 feet; thence South 62° 06’ West
crossing Dublin-Newbern Road (Virginia State Route No. 100) 310 feet;
thence North 30° 34’ West 115.2 feet; thence North 88° 30’ West 609 feet;
thence North 00° 25’ East 829.5 feet; thence North 20° 03’ West 760.8 feet;
thence North 20° 00’ West crossing the Norfolk and Western Railway
right-of-way and U. S. Route No. 11, 1,625 feet to a point; thence North
36° 00’ East 1,080 feet; thence North 26° 54’ West 1,250 feet; thence North
52° 30’ East 1,625 feet to the point of beginning and containing 235.5 acres.

§ 4. Continuity—The present mayor, council and officers of the
Town of Dublin shall continue in office until the expiration of the term
for which they were respectively elected, and until their successors shall
be elected and shall have qualified.

§ 4.1. Administration and Government.—The administration and
government of the Town shall be vested in a Council composed of a Mayor
and six Councilmen, who shall have full power and authority, except as
herein otherwise provided, to exercise all the power conferred upon the
Town by this Charter, or by general law, and to pass all laws, ordinances,
rules, and regulations relating to its municipal affairs and for the pro-
ceedings of Council, subject to the Constitution and general laws of the
State and of this Charter, and shall have full and complete control of all
fiscal and municipal affairs of the Town and of all its real and personal
property, and may from time to time amend or repeal any or all of the
said ordinances, rules, or regulations for the proper regulation, manage-
ment, and government of the said Town, and may impose fines and penal-
ties for the violations or non-observance thereof. .

The Council shall establish salaries and wages and provide for the
payment to all town officers and employees of such salaries or compensation,
if any, as the Council may deem in their discretion, from time to time, to
be just and proper; all employees who shall be discharged by, or have a
grievance against their superiors, shall have the right to have the case
reviewed by the Council, and the Council shall have full and complete
rights, powers, and final determination in all such matters. .

The Council may require the attendance of its officers, agents, appoin-
tees, or employees at its meetings, and may further require reports to be
submitted. ;

§ 4.2. Composition of Council, Qualification of Mayor and Council-
men, Elections, Council to be continuing Body, Vacancies in Council, Insuffi-
cient candidates for Council—The Mayor and members of the Council
shall be residents and qualified voters of the Town of Dublin, and shall
be elected on the second Tuesday in June of the year 1958, and every
two years thereafter, and shall hold office for terms of two years be-
ginning on the first day of September, next succeeding their election,
eA al continue in office until their successors have been elected and
qualified.

All elections in the Town of Dublin shall be conducted pursuant to,
ou pn accordance with, the general laws governing the holding of elections

or towns.

The Council shall be a continuing body, and no measure pending
before such body, contracts, or obligations incurred, shall abate or be dis-
continued by reason of the expiration of the term of office or removal of
the members of said body, or any of them.

Vacancies in the Council shall be filled within thirty days, for the
unexpired terms, by a majority vote of the remaining members; in the
event of a failure to so fill any such vacancy within the time specified, the
same shall be filled by appointment of the Circuit Court of Pulaski County.

The Council may create, appoint, or elect a clerk, treasurer, attorneys,
departments, bodies, committees, boards, or other offices as are provided
for by this Charter, or as permitted or required by general law to be
created, appointed, or elected, or as may, by the Council, be deemed neces-
sary or proper to carry out and perform the powers and duties of the Town
of Dublin, granted by this Charter or by the general laws of the State.

All of the aforesaid officers or employees, who shall be appointed or
employed, shall hold office at, and during, the pleasure of the Council,
and said officers and employees shall qualify and take such oath as is
prescribed by law, and shall execute such bonds as may be prescribed by
resolution of the Council. Upon the failure of any Council, after being
duly qualified, to appoint such officers and employees, all such officers
and employees then in office shall so continue in office until removed by
that, or a succeeding Council. The same person may be appointed to fill
two offices at the discretion of the Council.

In the event there are no, or not sufficient, candidates at any regular
municipal election to fill the offices of Councilmen or Mayor, the new Coun-
cil is empowered to fill such vacancies in the manner and within the time
hereinabove specified, provided Councilmen elected constitute a quorum;
if no quorum is available within the new Council, vacancies upon the
Council may be filled by the old or retiring Councilmen prior to the ex-
piration of their term of office. In the event they fail to fill such vacancies,
then said vacancies shall be filled by appointment of the Circuit Court of
Pulaski County.

The majority of all members of Council, exclusive of the Mayor, shall
constitute a quorum, but a smaller number may adjourn from time to
time and compel the attendance of the members absent. ; .

The Councilmen and Mayor shall receive such compensation for their
services as the Council shall, from time to time prescribe, but any raise
in the salaries of Councilmen or Mayor shall not become effective until
the expiration of the term of office of the Council voting the raise in
salary, and no such raise shall be voted on between the first day of April
and the first day of September, during any year in which the municipal
election is held, and the Council shall not have the right to decrease the
salaries of Councilmen or Mayor during said period of time.

§ 5. Mayor, Vice-Mayor, Councilmen, and other Officers.—The May-
or shall be elected at large by the qualified voters of the Town for a term
of two years, at the regular municipal election in June, 1958, and each
two years thereafter, and shall enter upon the discharge of his duties on
the first day of September, next succeeding his election, and shall con-
tinue in office until his successor qualifies.

Any resident qualified to vote in the town election in which he offers,
shall be eligible for the office of Mayor.

The Mayor shall receive such compensation as the Council shall pro-
vide, but shall not vote on the question of his salary, and shall not preside
or be present when such question is voted upon.

The Mayor shall be the chief executive officer of the Town, and shall
be recognized as the official head of the Town for all purposes; it shall
be his duty to see that the laws and ordinances thereof are fully executed,
and he shall perform such other duties as are prescribed by this Charter
or by general law. He shall preside over the meetings of the Council and
appoint the necessary committees or departments for the dispatch of busi-
ness of the Town, subject to the approval of the Council.

_ The Mayor, as a member of the Council, shall vote only in the case of
a tie. It shall be his duty to see that the various officers, when elected or
appointed, shall perform their duties in a proper and faithful manner. He
shall have the right to investigate their acts, have access to all books and
documents in their office, and may examine them on oath. Such course of
action may be subject to the right of Council to rehear and make final
determination as to the controversy; upon such hearing of the Council,
final action must be by a two-thirds majority of the members present.

The Mayor, with consent of the Council, shall appoint a Chief of
Police and such other police officers or force as he shall deem necessary.

The Council shall, at its first meeting after the effective date of this
Charter, choose a Vice-Mayor from its members, and thereafter, shall, at
its first meeting after each election of Council and Mayor, choose one of
its members as Vice-Mayor.

The Vice-Mayor shall perform the duties of the Mayor during or at
the absence or disability of the Mayor. In the event of death, removal, or
resignation of the Mayor, the Councilmen shall appoint a member of the
Council, or some other resident freeholder of the Town of Dublin, to serve
as Mayor for the unexpired term. If a member of Council be chosen for
such unexpired term, such Councilman shall be deemed to have surrendered
his office of Councilman, and the office shall thereupon be vacant, and
shall be filled as herein provided.

The six Councilmen and Mayor shall be voted on as a whole by all
the qualified voters who are residents of the said Town. Every person
elected as Councilman of the Town, shall, on or before the day on which
he enters upon the performance of his duties, pom by taking or subscrib-
ing an oath faithfully to execute the duties of the office to the best of his
judgment; and the person elected Mayor shall take and subscribe the oath
prescribed by law for state officers. Upon the failure of any person elected
as Councilman or Mayor to take the oath of office, and qualify on, or be-
fore the date for beginning of their term, or within ten days from the
time their respective terms of office would have begun, then such office
shall be deemed vacant and shall be filled as herein elsewhere provided.

Any such oath of Mayor shall be taken before the Clerk or Deputy
Clerk of the Circuit Court of Pulaski County, and shall, when so taken and
subscribed, be forthwith returned to the Clerk of the Council, who shall
enter the same of record in the minute books of the Council, or may be
filed with the Clerk who administered the oath. Oath of Councilmen shall
be taken before the Mayor and filed with the Clerk.

§ 5.1. Mayor to act as trial officer—In addition to his other duties
and powers, the Mayor shall have power to issue warrants, summon wit-
nesses, and exercise exclusive jurisdiction to try cases involving violations
of Town Ordinances; and shall perform all the duties, and have all the
powers in reference to this Court, as have been, and are being performed
by the Mayor, under the powers granted by the present Charter for the
Town of Dublin. In exercising the jurisdiction herein conveyed, he may
exercise the powers and shall perform the duties of a judge of a county
court as provided by the laws of the State of Virginia, except that he shall
not be required to be a licensed attorney. The fees and costs in connection
with such cases shall be the same as are authorized by law to be charged,
taxed, and collected by judges of county courts for similar services, and
such fees and fines collected shall promptly be paid into the Treasury of
said Town. Provided, however, that the Council may, at any time it deems
the same expedient, appoint a police justice for the Town other than, and
in place of, the Mayor, who shall be a resident and qualified voter of said
Town (unless the Council be of the opinion that a suitable qualified resi-
dent and voter is not available, in which event the Council may appoint a
non-resident to serve as police justice). Any such police justice shall serve
during the pleasure of the Council, shall give such bonds as the Council
requires, and shall receive such compensation for his duties as the Council
may fix. Such police justice, if appointed, shall have, during his term, and
to the exclusion of the Mayor, the same powers and jurisdiction as are
hereinabove conferred upon and vested in the Mayor, and exercise the
same in like manner.

The Council shall have the power and authority to appoint one or
more issuing justices or one justice of the peace for the Town of Dublin, to
serve at the pleasure of said Council, who, when appointed, shall be con-
servators of the peace, and shall have the power and authority to issue
warrants or other processes, and summon witnesses, for violations of
Town Ordinances, but all such warrants and processes shall be returnable
before the Mayor or police justice if there be one. Such issuing justices
or justices of the peace shall have the power to admit to bail any person
or persons held in violation of a Town Ordinance. Fees for services shall be
the same as that prescribed by state law for justices of the peace, and shall
be sa only compensation received by said justices for their services as
such.

§ 5.2. Time of meetings, regulations, and rules of council.—The
Council shall, by ordinance or resolution, fix the time of their regular
meetings, and they shall meet at least once a month. Special meetings
may be called at any time by the Mayor or by three members of Council,
provided all members are duly notified a reasonable period of time prior
to such meeting; no business shall be transacted at a special meeting
thereof, except that for which it shall be called, unless all members of the
Council present shall give their consent.

The Council shall set and provide all rules and regulations for the
conduct of its meetings and its affairs, and shall do such other things as
it, in its discretion, deems necessary for the orderly carrying on of its
business. ;

No vote taken at any meeting shall be reconsidered or rescinded at
any subsequent special meeting unless at such special meeting, there be
as many members of the Council present as were present when such vote
was taken.

The Council shall have all power and authority that is now or may
hereafter be granted to councils of towns by general law of this State,
and by this Act, and the recital of special powers and authorities herein
shall not be taken to exclude the exercise of any power and authority
granted by the general laws of this State to town councils, but not herein
specified.

§ 6. Powers of the Town.—The Town shall have the power to do
all things whatsoever necessary or expedient for promoting or maintain-
ing the general welfare, conduct, education, morals, peace, government,
health, trade, commerce or industry of the Town, or its inhabitants. The
Town may adopt and enforce ordinances to carry into effect the powers
of the Municipal Corporation, and impose penalties for violations. The
maximum penalty for violation of any such ordinance shall not exceed a
fine of One Thousand Dollars ($1,000.00), or imprisonment in jail or on
a jail farm for Twelve (12) months, or both. Notwithstanding that an
ordinance may prescribe a penalty for its violation, the Town may sue
for an injunction to restrain the violation thereof.

§ 6.1. Confinement of Prisoners.—Able-bodied persons sentenced to
confinement in jail may be compelled to work on a jail farm or elsewhere
in municipal service, or on a specially provided municipal farm, as may be
prescribed by ordinance.

§ 6.2. Taxes, Assessments and Licenses.—(a) The Town may raise
annually by assessments and taxes on all subjects of taxation in the
Town, which are not forbidden by law, such sums of money as in the
judgment of the Council are necessary for the purposes of the Town, in
such manner as the Council deems expedient, subject to any restrictions
imposed by law, and more particularly that no tax upon real or personal
property in said Town shall exceed three dollars ($3.00), upon the one
hundred dollar ($100.00) assessed value of real and personal property,
without the affirmative vote of the majority of citizens voting, as deter-
mined by a referendum held for this purpose.

It shall be the duty of said Town to levy annually on all taxable
property in said Town a tax sufficient to pay the interest on all bonds for
said Town as such interest falls due, and also sufficient to pay the prin-
cipal of said bonds, or to provide sufficient sinking funds for the payment
of said bonds at maturity.

(b) Whenever, in the judgment of the Council of the Town, it is
advisable in the exercise of any of the powers of such Town or in the
enforcement of any of its ordinances or regulations, it may provide for the
issuance of licenses or permits in connection therewith, establish the
amount of the fee to be charged the licensee or permittee, and require
from the licensee or permittee a bond and an insurance policy of such
character and in such amount and upon such terms as it may determine.

(c) The Town may impose special or local assessments for local im-
provements and enforce payment thereof, under, and subject to, the
limitations prescribed by § 170 of the Constitution, and by the Code of
Virginia. Subject to such limitations it may also order such improvements
to be made and the cost thereof apportioned in pursuance of an agreement
between the Town and the abutting landowners.

Any such special or local assessment shall constitute a lien on the
property benefited and may be collected in the manner prescribed by law
for the collection of real estate taxes. Such lien shall be valid against
subsequent purchasers and creditors if duly recorded and indexed in the
manner provided by law for recording and indexing other liens. .

§ 6.3. Condemnation.—(a) The Town may acquire by condemnation
or otherwise any interest or right of any owner of abutting property in
the construction or use of any sewer, culvert or drain, and thereafter
impose a reasonable charge upon said landowner for the use of such
sewer, culvert or drain.

(b) The Town may acquire by purchase, gift, devise, condemnation
or otherwise, property, real or personal, or any estate or interest therein,
within or without the town; and for any of the purposes of the Town, it
may hold, improve, sell, lease, mortgage, pledge, or otherwise dispose of
the same or any part thereof; and control and regulate the use and manage-
ment of all its property.

(c) The Town may also decline to accept any gift, donation, bequest
or grant from any source, if, in its judgment, such would be in the best
interests of the Town.

(d) The Town shall not take or use any private property for any
public purpose without paying the owner thereof just compensation ; but
the Town is authorized to acquire by condemnation proceedings, lands,
buildings, structures and personal property, or any interest, right, ease-
ment or estate therein, of any person or corporation, whenever a public
necessity exists therefor, which purpose and necessity shall be expressed
in the resolution or ordinance directing such acquisition, and whenever
the Town cannot agree with the owners of such property on terms of
purchase or settlement. Proceedings under this paragraph shall be in-
stituted in the circuit court having jurisdiction in the Town of Dublin if
the subject to be acquired is located within its corporate limits; or if not
therein located, in the circuit or corporation court of the county or city
in which the land is located. If partly within a county and partly within a
city, then the corporation court of the city shall have concurrent juris-
ee in such condemnation proceedings with the circuit court of the
county.

‘(e) The Town may exercise the same powers as to condemnation as
are provided in Title 25 of the Code of Virginia, or other general law, or
as are conferred on the State Highway Commissioner under Article 5 of
Chapter 1 of Title 33 of the Code of Virginia.

In the exercise of the authority granted in § 33-70 of Article 5 of
Chapter 1, Title 38, of the Code of Virginia, as amended, the Town shall
use said authority in connection with the acquisition, construction, opera-
tion or maintenance of water, or sewerage disposal system, airports,
streets, roadways or alleys, and facilities related thereto.

(f) The Town, in the exercise of the power of eminent domain, pur-
suant to the provisions of this act, shall be subject to the provisions of
§ 25-233 of the Code of Virginia when the interest sought is held by
another corporation having the power of eminent domain.

§ 6.4, Fiscal powers.—The Council of the Town may make appro-
priations, subject to any limitations imposed by this Charter or by
general law, and in accordance therewith, for the support of the town
government and all other lawful purposes.

(1) Subject to the provisions of the Constitution and statutes of
Virginia, the Council may, in the name and for the use of the Town,
borrow money and make and issue evidence of indebtedness,

(2) The Council shall provide for the control and management of
the fiscal affairs of the Town, and prescribe and require the adoption and
keeping of such books, records, accounts and systems of accounting by the
departments, boards, commissions, courts or other agencies of the Town
.of Dublin, 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.

(3) The Council may establish, abolish or change departments, offices,
branches, and agencies of the Town Government, and establish powers,
duties and functions thereof.

(4) All bonds and other evidences of indebtedness of the Town shall
be signed by the Mayor and counter-signed by the Town Clerk; and to all
bonds, the Clerk of the Town shall affix the corporate seal of the Town
and attest the same.

§ 6.5. Public health and welfare—The Town may preserve the
public health and welfare of its inhabitants and to this end the Town may:

(a) regulate and inspect the production, preparation, distribution
and sale of milk, other beverages, and food, and the sanitation of establish-
ments in which the same is carried on; condemn, seize and dispose of
any adulterated, impure, or dangerous beverage or food without liability
to the owner thereof; provide water and sewer systems, require connec-
tions therewith, and fix rates and charges therefor; construct, maintain
and operate sewage disposal works within or without the corporate
limits of the Town of Dublin; regulate the installation, maintenance and
condition of sewers, pipes, toilet facilities and plumbing; regulate the
disposal of human excreta where sewerage is not available, and require
septic tanks or other adequate sanitary facilities; collect and dispose of
garbage and other refuse, and construct, maintain and operate, within or
without the Town, incinerators, dumps or other facilities for such purpose;
and provide for the sanitation of swimming pools and lakes;

(b) provide hospitals within or without the Town, for the care and
maintenance of the sick; and regulate, in the interest of public health,
private hospitals and other institutions or facilities for the care of the
sick; take measures to control the introduction or spread of infectious
or contagious diseases and require the removal of persons suffering from
such diseases to hospitals provided for them;

(c) provide for the care, support and maintenance of children and
of aged, insane or destitute persons, and provide and maintain institutions
for such purposes;

(d) provide and maintain, either within or without the Town, such
other charitable, recreative, curative, detentive, or penal institutions as
may be necessary or expedient including public libraries;

(e) grant financial aid to military units organized in the Town, in
accordance with the laws of the Commonwealth, and to charitable or
benevolent institutions and corporations, including those established for
scientific, literary or musical purposes or the encouragement of agriculture
and the mechanical arts, whose functions further the public purposes of
the Town of Dublin; and

(f) regulate cemeteries and burials therein, prescribe records to be
kept by owners thereof, and prohibit burials except in public cemeteries;
and establish, own, maintain and operate cemeteries within and without
the town, make contracts for their perpetual care, and establish prices and
rates to be charged for lots, graves or services in connection therewith.

§ 6.6. Protection of life and property, private and public—The
Town shall protect life and property, private and public, within the cor-
porate limits, and prohibit and provide punishment for offenses against
the peace, good order and morals of the Town and its inhabitants. Without
limitation on the foregoing, it shall have the following specific powers:

(a) To regulate the use of recreational facilities, airports and other
public properties, whether located within or without the town limits of
Dublin; and all such properties shall be under its police jurisdiction for
purposes of enforcement of such regulations; all police officers of the Town
shall have jurisdiction to make arrests on any such property for violations
of such regulations; the police court of the town shall have jurisdiction in
all cases arising thereunder within the municipal corporation, and the
county court of the county wherein the offense occurs shall have jurisdic-
tion of such cases arising without the town limits. Appeals may be taken,
in any such cases, to the court of record having jurisdiction ;

(b) To provide precautionary measures against danger from fires, to
establish zones within the Town, and prescribe the type of buildings which
may be constructed therein, and to do all things necessary to protect lives
and property from fire hazards;

(c) To regulate the construction, maintenance and repair of buildings
and other structures, and plumbing, electrical, heating, elevator, escalator,
boiler, unfired pressure vessel, and air conditioning installations therein,
for the purposes of preventing fire and other dangers to health and life;

To regulate or prohibit the exercise of any dangerous, offensive,
or unhealthful business, trade, or employment, the transportation of any
offensive or dangerous substance, the manufacture, storage, transportation,
possession and use of explosive or inflammable substances, and the use and
exhibition of fireworks and discharge of firearms; and

(e) To regulate auction sales, regulate the conduct of and prescribe
the number of pawn shops, regulate or prohibit peddling, prevent fraud in
the sale of goods, and provide for the inspection and testing of weights
and measures used for the sale of goods within the Town.

§ 6.7. Nuisances.—(a) The Town may compel the abatement or the
removal of all nuisances, and to this end may compel the removal of weeds
from the private and public property and snow from sidewalks; the cover-
ing or removal of offensive, unwholesome, unsanitary or unhealthy sub-
stances allowed to accumulate in or on any place or premises; the filling in
to the street level of the portion of any lot adjacent to a street where the
difference in level between the lot and the street constitutes a danger to
life and limb; the raising or draining of grounds covered by stagnant
water; and the razing or repair of all unsafe, dangerous or unsanitary
public or private buildings, walls, or structures which constitute a menace
to the health and safety of the occupants thereof or the public. If after
such reasonable notice as the governing body may prescribe by ordinance,
the owner or owners, occupant or occupants of the property or premises
affected by the provisions of this section shall fail to abate or obviate the
condition or nuisance, the town may do so and charge and collect the cost
thereof from the owner or owners, occupant or occupants of the property
affected in any manner provided by law for the collection of taxes.

(b) The Town may regulate the emission of smoke, the construction,
installation and maintenance of fuel burning equipment, and the methods
of firing and stoking furnaces.

(c) The Town may regulate or prohibit the running at large or the
keeping of animals and fowl, and provide for the impounding and confis-
cation of any animal or fowl found at large or kept in violation of such
regulations.

§ 7. Buildings and structures for municipal use.—(1) The Town may
acquire or construct, maintain and operate such buildings and other struc-
tures as it deems necessary or useful in carrying out its powers and duties.
This power shall specifically include, but shall not be limited to, the follow-
ing powers:

(a) To acquire or construct, maintain and operate parking lots,
garages, buildings and land for parking or storage of vehicles;

To acquire or construct, maintain and operate airports, within
or without the corporate limits of the Town, and land and structures appur-
tenant thereto under state laws;

(ec) To acquire or construct, maintain and operate stadia, arenas,
swimming pools and other sports facilities; and
(d) To acquire or construct, maintain and operate armories, libraries
and markets;

(e) The management and control of such facilities shall be vested in
such officers or bodies as the governing body shall prescribe by ordi-
nance; provided, that the governing body may enter into leases or agree-
ments for the operation of such facilities by any person, firm or corpora-
tion on such terms and conditions as it may determine;

(f) The governing body may make or permit the charging of fees or
charges in amounts fixed or approved by it for use of or admission to
such facilities, or for concessions in connection with any such facility.

§ 7.1. Streets, alleys, sidewalks, etc—(a) The Town may establish,
construct, improve and maintain public streets, including limited access
or express highways, alleys and sidewalks, bridges, viaducts, subways
and underpasses, and shall have the same power as to streets, alleys or
public places conveyed to it or dedicated to public use as over other streets,
alleys or places; may acquire, own, maintain, improve and operate public
parks and playgrounds; may regulate the use of such streets, alleys, side-
walks, parks, and playgrounds, including the power to regulate traffic
thereon to the extent permitted by the general laws of Virginia; may regu-
late the erection or laying of telephone, telegraph or electric wires or
cables, and the services to be rendered and rates to be charged by all public
vehicles carrying passengers or freight for compensation except such as
are subject to regulation by the State Corporation Commission or the
Interstate Commerce Commission; may construct and maintain, or aid in
constructing and maintaining, public roads, and bridges beyond the limits
of the Town, and any property owned by the Town and situated beyond
the corporate limits thereof, and may do all things necessary to make such
streets, roads, alleys and sidewalks safe, convenient and attractive.

(b) The Town may grant or authorize the issuance of permits under
such terms and conditions as the governing body may impose for the use
of streets, alleys and other public places by railroads, and vehicles for hire;
prescribe the location in, under or over, and grant permits for the use of
streets, alleys and other public places for tracks, poles, wires, cables, pipes,
conduits and bridges, subways, vaults, areas and cellars; require tracks,
poles, wires, cables, pipes, conduits and bridges to be altered, removed or
relocated either permanently or temporarily; and charge and collect com-
pensation for the privileges so granted. No such use shall be made of the
streets, alleys and other public places of the town without the consent of
the council.

(c) The Town may prevent any obstruction of or encroachment 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
occupants of the property obstructing or encroaching, and collect the sum
charged in any manner provided by law for the collection of taxes; re-
quire the owner or owners, the occupant or occupants of the property so
obstructing or encroaching to remove the same; pending such removal, to
charge the owner or owners of the property so obstructing or encroaching,
compensation for the use of such portion of the street, alley, sidewalk or
other public place obstructed or encroached upon the equivalent of what
would be the tax upon the land so occupied, if it were owned by the owner
or owners of the property so obstructing or encroaching; and, if such re-
moval shall not be made within the time ordered, impose penalties for
each and every day that such obstruction or encroachment is allowed to
continue thereafter; authorize encroachments upon streets, alleys, side-
walks or other public places, subject to such terms and conditions as the
governing body may prescribe, but such authorization shall not relieve the
owner or owners, occupant or occupants of the property encroaching, of
any liability for negligence on account of such encroachment; and recover
possession of any street, alley, sidewalk, or other public place, or any
other property, of the town by suit or action in ejectment. .

Franchises.—(a) Subject to the provisions of the Constitu-
tion and the statutes of the State of Virginia, the Town may grant fran-
chises for public utilities, and regulate the services rendered and rates
charged by any utility which is not subject to regulation by the State
Corporation Commission.

(b) The Town may acquire, construct, own, maintain and operate,
within and without the Town, water works, gas plants and electric plants,
with the pipe and transmission lines incident thereto, to be managed and
controlled as the governing body may, by ordinance provide, for the pur-
pose of supplying water, gas and electricity within and without the town;
charge and collect compensation therefor; and provide penalties for the
unauthorized use thereof. ;

§ 9. Pensions.—The Town may establish a system of pensions for
injured, retired or superannuated officers and employees thereof, and es-
tablish a fund or funds for the payment of such pensions by making ap-
propriations out of the treasury of the Town, by levying a special tax for
the benefit of such fund or funds, by requiring contributions payable from
time to time from such officers or employees, or by any combination of
these methods or by any other method not prohibited by law, provided
that the total annual payments into such fund or funds shall be suf-
ficient on sound actuarial principles to provide for the pension to be paid
therefrom, and provided further that the benefits accrued or accruing to
any person under such system shall not be subject to execution, levy, at-
tachment, garnishment or any other process whatsoever, nor shall any
assignment of such benefits be enforceable in any court.

§ 10. Miscellaneous Provisions.—(1) All ordinances now enforced
in the Town of Dublin, not inconsistent with this Act, shall be and remain
in force until altered, amended or repealed by the Council.

(2) If any clause, sentence, paragraph or part of this Act, shall, for
any reason, be adjudged by any court of competent jurisdiction to be in-
valid, such judgment shall not affect, impair, or invalidate the remainder
of the Act, but shall be confined in its operation to the clause, sentence,
paragraph, or part thereof directly involved in the controversy in which
said judgment shall have been rendered.

(83) This Act may, for all purposes, be referred to or cited as the
Dublin Charter of 1958.

2. Chapter 206 of the Acts of Assembly of 1906, approved March 14,
1906, and all amendments thereof, are repealed; and all other acts and
parts of acts inconsistent with this act are repealed to the extent of such
inconsistency.

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