CHAPTER 124

An Act to amend and reenact 8§ 2, 5,9 and 10 of Chapter 880 of the Acts
of Assembly of 1962, approved March 80, 1962, which provided a
charter for the town of Fries, and to amend said chapter by adding
a section numbered 5-a, the amended and new sections relating to
certain powers of the town, duties and powers of the mayor, the county
judge of Grayson County, the water commission for the town; and
the school board of the town. [H 166]

Approved March 9, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 2, 5, 9 and 10 of Chapter 330 of the Acts of Assembly of 1962,
approved March 30, 1962, be amended and reenacted and that said chap-
ter be amended by adding a section numbered 5-a, as follows:

§ 2. The powers set forth in §§ * 15.1-837 through * 15.1-914 of the
Po of Virginia * are hereby specifically conferred upon the town of

ries.

§ 5. There shall annually, at such time in the month of July as the
Council may designate, be selected by ballot by the Council of the said
town, a mayor, who shall, on or before the first day of September of each
year, qualify in the manner prescribed by law, and he shall hold his office
for a term of one year from the first day of September next succeeding his
appointment, and until his successor shall have been duly elected and quali-

The mayor shall be the presiding officer of the council, but he shall
not, except as hereinafter provided, vote upon any question raised before
it, except in a case of a tie. * He shall be a conservator of the peace, and
it shall be his duty as such, and in the exercise of the other functions of
his office, to see that peace and good order are preserved within his juris-
diction, and to that end he shall have the power, whenever deemed by him
necessary to appoint extra policemen, who shall, however, not continue
in office longer than three days. In addition to the emoluments and fees
allowed * a justice of the peace, he shall be entitled to such other compen-
sation as may, from time to time, be determined by the common council.
He shall be executive head of the town government, and shall have the
power, and it shall be his duty to see to the enforcement of which is not
specifically confined to some other officer. .

§ 5-a. The county judge of Grayson County shall have jurisdiction
of and shall try all violations of the town ordinances within the corporate
limits and inflict such punishment as may be prescribed for a violation of
the same. —

All fines imposed under any ordinances of the town of Fries shall
be for the use of the town. When imposed the offender may be com-
mitted and the fine may be collected by execution directed to the chief of
police or sergeant of the town, and returnable in fifteen days before the
said county judge. The officer levying on property shall sell the same for
cash, in front of the town hall, or at such other place in the town as the
officer levying same may desire, after five days notice posted at the main
entrance of the town hall.

Anyone against whom a fine ts adjudged may be confined in jail by
the order of the county judge, until such fine and the costs are paid; pro-
vided, that no term of imprisonment for the nonpayment of fine and costs
shall exceed ninety days. The county judge shall have the same power
for extending time for the payment of fines and costs imposed under this
section, upon taking security in the same manner and as provided by State
law for the collection of State fines.

The county judge shall cause to be kept a record of all fines and
forfeitures imposed, arising or collected in the enforcement of this reg-
ulation, and shall cause to be reported or report to the town clerk all fines
and forfeitures imposed and collected for convictions under said reg-
uation, and shall remit the funds so collected to the clerk of the town

y.

Prosecutions for any violation of the ordinances of Fries may upon
a warrant issued by the clerk of the county judge, issuing justice, or upon
a written summons issued by any member of the police force, containing
a charge that any section of the ordnance has been violated, requiring
the person so summoned to appear at the next sitting of the county court
in the town of Fries. For purposes of prosecution for violations of the
ordinance such summons so properly issued shall be taken for and con-
strued as though the same were a formal warrant charging an offense
against the provisions of the ordinance, duly signed by the county judge,
clerk of the county court, or an issuing justice.

Appeals from any judgment oF conviction rendered by the county
judge under said ordinances shall be to the Circuit Court of Grayson
County, in the manner, and with the security required, as provided for
m such appeals in the general law of the State.

§9. For the purpose of constructing, maintaining and operating any
system of publicly owned water works or sewerage in the town of Fries,
there shall be established a board composed of three citizens, which board
shall be known as the water commission for the town of Fries.

The said water commission shall have power:

(a) To acquire by purchase, lease, or condemnation such real and
personal property as may be necessary for carrying out the provisions
of this section.

(b) To establish rules and regulations governing the operation of

such system or systems.
__ (c) With the approval of the council, and for the purpose of carry-
Ing out the provisions of this section, to borrow an amount or amounts
not exceeding a total of twenty-five thousand dollars for which the said
water commission shall issue its obligations payable out of funds to be
derived as provided for herein; and, with the approval of the council, to
pledge as security for such Joan or loans such of the receipts to be derived
from the use of such system or systems as may be agreed upon between
the lender or lenders and the water commission and council, and in addi-
hon thereto to give as security for such loan or loans a deed of trust or
other incumbrance on any such system or systems or any part thereof.

(d) To provide for the disbursement and accounting of all moneys
received by it from any source whatever.

Vacancies in the membership of the said commission shall be filled
by the council. The said commission shall make a full report of its activ-
nee to the town council within sixty days after the close of every fisca]
ear,

The town council is hereby authorized and empowered in so far ag
hot prohibited by the Constitution of the State, to make and assess charges
and rentals for the use of such water or sewerage systems or both, to
make assessments for the use of such sewerage system or systems a lien
on the real estate served thereby, and to provide for the collection of
such charges and rentals and the turning over of the moneys so collected

the water commission. The council may require each of the members

the water commission to give a bond in such penalty and with such
tecurity as may be fixed by the council, conditioned upon the faithful per-
formance of his duties,
The following citizens and taxpayers of the Blair Addition to the
wo of Fries, who are presently members of said water commission,
Virgil L. Jackson, Roscoe Rector, and *Roy M. Shupe, shall serve respec-
tively until September first, nineteen hundred sixty- * seven, September

nineteen hundred sixty- * siz and September first, nineteen hundred
sixty- * eight, or until their successors are duly elected and qualified. In
July of each year prior to the expiration of the term of any member of
said water commission, the town council shall elect as a successor to such
member a citizen and taxpayer of the Blair Addition of the town and the
person so elected shall serve for a period of two years from September
first, in the year elected or until his successor is elected and qualified.

§ 10. (a) The schools of the said district shall be under the super-
vision of a board of trustees, to consist of not less than three nor more than
five residents of said district and the superintendent of the public schools
of the county of Grayson. It shall be the duty of the council of said town
to provide for the support of the public schools in said school district upon
estimates that may be furnished by said school board, and for this purpose
it may levy a pro rata tax on all the real and personal property therein,
not exceeding five mills on every dollar thereof. All school funds raised
by taxation or otherwise within the limits of said school district shall be
used exclusively for the establishment and conduct of the schools therein.
The school taxes shall be collected and disbursed by the treasurer of said
town, as county and district school taxes are collected and disbursed, and
the said school district shall be exempt from any district school tax, except
that herein provided for.

It shall be the duty of the council of the said town of Fries to purchase
real estate, if necessary, and to erect thereon suitable school buildings, and
for this purpose the said council shall have power to borrow money, not
exceeding six thousand dollars; and for the payment of same, it shall have
power to execute and issue bonds of said town, to be called public school
building bonds, either coupons or registered, and in such denominations
as said council may determine, and bearing a rate of interest not exceed-
ing six per centum per annum, payable semi-annually, which bonds shall
be payable on or before the expiration of twenty years, from their date.
To provide for the payment of the interest and principal of said bonds
when due, and a sinking fund, an annual tax may be assessed and levied
by said council upon all the lands and subjects within the said school
districts liable to county and corporation levies; the said tax to be collected
as other municipal taxes of said town are collected.

(b) The title to said property shall be vested in the said school board
of the town of Fries school district, and the said buildings and other im-
provements, when completed, shall be turned over by said council to said
school board.

(c) The said school board, as soon after their appointment and organ-
ization as practicable, shall cause a census to be taken of the school popula-
tion of the said district, under forms to be furnished by the superintendent
of public instruction, and shall report the same to the county superin-
tendent of schools and thereafter all State school funds to which said
district shall be entitled shall be apportioned accordingly.

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