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HomeMy Public PortalAbout1936_02_14 4 Fire Chief Louis F. Atwell appeared before the Council and advised that Mrs. John Hay Whitney was probably interested in purchasing Pumper'No) 1, for use in Middleburg, Virginia. On motion of Councilman Plaster, duly seconded and carried, Mayor_Brad- field appointed Councilman Howard to interview Miss Waddell (Secretary for Mrs. Whitmey►, Middleburg; Virginia, regarding the sale of Pumper No. 1, and report back to the Council. It was moved by Councilman Newton, duly seconded and carried, that Councilman Howard ask $2,500.00 for the pumper. On motion of Councilman Newton, duly seconded and carried; •the Thin Sergeant was authorized to purchase the proper size meter for the Ely resi- dence. Town Attorney Stilson H. Hall appeared before the Council, and pre- • sented •a tentative form of new Charter-for the Town, and explained the new provisions of said Charter, with reference to new subjects of taxation, fill- ing vacancies of officers, special meetings and other provisions contained therein. He asked that the Council continue its meeting until the members of the Council had opportunity to review the tentative Charter and that the Attorney might present his further views -on the subject at a later date. On motion of Councilman Turley, duly seconded and- carried, the meet- ing was continued until Wednesday, February 12, 1936, at 7:30 P. M., in the Council Chamber. - • The meeting re-convened in the Council Chamber, on Wednesday, Feb- . - nary 12, 1936, at 7:30 P. M. There were present E. N. Bradfield, Mayor; " • I Roscoe B. Rhoads, Recorder; Herbert Howard, Harry F. Newton, W. Emory Plas6 ter, Louis C. Rollins, Roger D. Shroy and Joseph H. Turley,• Councilmen. Town Attorney Stilson H. Hall again appeared before the Council, • when the tentative Charter was further considered and discussed, after which it was moved by Councilman Plaster, duly seconded and carried, that the meet- ing be further continued until Friday, February 14, 1936, at 7:30 P. M., in the Council Chamber. • The meeting again convened, in the Council Chamber, on Friday, Feb- • ruary 14, 1936, at 8:00 P. M. There were present E. N. Bradfield, Mayor; Roscoe B. Rhoads, Recorder; Herbert Howard, Harry F. Newton, W. Dnory Plas- ter, Roger D. Shroy and Joseph H. Turley, Councilmen. As notice was given through the press that this would be a public meeting, the following citizens were also present:- Messrs. Louis F. Atwell, Charles R. Lowenbach, Eppa L. McFarland, R. L. Nixon, George Ward, Mark White, Robert.T. Corbell, Lucas D. Phillips and Cecil Connor. The business of the meeting consisted of the reading of the proposed new charter and a discussion of- its contents. On resolution offered by Councilman Plaster, seconded by Councilman s' Shroy, •and voted favorably upon by the following members of the Council:- Messrs. Howard, Newton, Plaster, Shroy and Turley, the Charter was adopted, as follows:- • 5 A BILL To provide a new charter for the Town of Leesburg, in Virginia, in the County of Loudoun, and to repeal all prior acts and amendments thereto creating a Charter for the said town. PATRON -- MR. THOMPSON. • Be it enacted by the General Assembly of Virginia, as follows: • • Section 1. The Town•of Leesburg, in Virginia, in the county of Lou- doun, Shall continue to be a town corporate, in the name and style of the Town ' of Leesburg, in Virginia, and as Such shall hags and may exercise the powers. and privileges hereinafter set forth, and all powers and privileges conferred upon it by this Charter and which are now, or may be hereafter delegated to towns in ac- cordance with the Consitution or laws of the Commonwealth of Virginia. Section 2. The corporate limits or boundaries of the Town of Leesburg, in Virginia, unless and until chimed in the manner prescribed by law, shall be the same as are set forth in. law order book number eight, folio two hundred and seventy-four of the circuit court of Loudoun county, and the same as are set forth in deed book eight p's, folio three hundred and ninetyrseven, clerk's office of the circuit court of Loudoun county. Section 3. The Town of Leesburg, in Virginia shall have the following powers and privileges, to the extent that they, or any of them may not be prohib- ited by the Constitution or the general laws of the Commonwealth of Virginias (a) To provide for the fiscal year, which shall begin on the first day of July and end on the thirtieth day of June, unless and until Changed by ordi- nance. 1 (b) To raise annually, by taxes and assessments in said town, such sums of money, in such manner as the council thereof shall deem necessary or expedient for the use, benefit and purposes of said town, in accordance with the Constitu- tion of the United States, the Constitution of Virginia or the laws of the Common- wealth of Virginia. (c) To fix or set, levy and collect taxes and assessments on persons and property. (d) To impose, fix or set, levy and collect a license tax, fee or as- sessment for the conduct, maintenance or operation of privileges, amusements, bus- .. - iness, professions, occupations or callings; to issue a license or permit and col- • lect Charges, or fees therefor and to pro-rate license fees or charges for the un- expired portion of the fiscal year. (e) To incur liabilities or debts, make contracts, borrow money and ex- ecute or issue evidences of indebtedness, and have a common seal. (f) To expend the money of the town for all lawful purposes. • (g) To acquire by purchase, gift, devise, condemnation or otherwise, property, real or personal, or any estate therein, within or without the town, for the use and benefit thereof; and to hold, improve, sell, lease, mortgage the same or any part thereof, including any property' now owned by the town. (h) To construct, maintain, .regulate or operate public improvements of all kinds, including municipal and other buildings, grounds and structures neces- sary or appropriate for the use and proper operation of all the various depart- ments of the town. (i) To own, operate and maintain water works and to acquire in any law- ful manner, in any county of the State or from the United States government such • water, lands, property rights and riparian rights as the council of said town may deem necessary for the purpose of puividing an adequate water supply to said town and of pipidg or conducting the same; to lay all necessary mains and service lines 6 within or without the corporate limits of said town; to erect and maintain all necessary dams, pumping stations and other works in connection therewith; to make reasonable rules and regulations for promoting the purity of its water sup- ply, and for protecting the same from pollution and for this purpose to exercise full police powers and sanitary patrol ,over all lands comprised within the lim- its of the water shed tributary to any such water supply, wherever such lands may be located in this State; to impose and• enforce adequate penalties for the violation of any such rules and regulations and to prevent by injunction any pol- lution or threatened pollution of such water supply, and any and all acts likely to impair the purity thereof; and to carry out the powers herein granted, the said town may exercise within the State all powers of eminent domain provided by the laws of this State. • (j) To acquire, construct, own, operate or maintain electric light or gas works; either within or without the corporate limits of said town, and to supply gas or electricity, wether the same be generated or purchased by said town, to the customers or consumers, both within and without the corporate lim- its of said town, at such price and upon such terms as may be prescribed and to that end, it may contract to purchase electricity or gas from the owners thereof upon such terms as it may deem necessary or expedient. (k) To establish, impose, and enforce the collection of water, light,- . gas and sewerage rates, and rates and charges for other services, products, or conveniences operated or furnished by the town; and the said council may pre- scribe a different rate to be paid for such services and conveniences rendered to users or customers without the corporate limits of said town. (1) To establish, enter, open, widen, extend, grade, improve, .con- struct, maintain, light, sprinkle or clean public streets, highways, alleys, parkways or parks or to alter or close the same; to regulate the weight of loads to be hauled or carried over and upon the streets; to regulate the use of all such highways, parks, streets, alleys, parkways and public grounds; to prevent the obstruction, destruction or injury to any of such streets, alleys or highways; to require any railroad company operating a railroad at the place where any highway or street is crossed within the town limits to erect and main- tain at such crossing any style of gate deemed proper, and keep a man in charge thereof, or keep a :#lagtnan at such crossing during such hours as the council may require in accordance with the general law of the State and to regulate the length of time such crossing may be closed due to any operation of the railroad; to regulate the operation and speed of all cars, motorcycles, bicycles or ve- hicles upon said streets or highways as well as the speed of all engines, cars, or railroad trains within the town; to permit or prohibit poles or wires for electric, telephone or telegraph purposes to be erected or gas lines to be laid in the streets or alleys, and to prescribe and collect an annual charge for such privileges hereafter granted; to require the owner or lessee of any electric light, telephone or telegraph pole or poles or wires now in use or hereafter • erected to change the location or remove the same. (m) ?To acquire by gift, purchase, or by the exercise of the power. of eminent domain within this State; land or any interest or estate in lands, rock quarries, gravel pits, sand pits, water or water rights, and the necessary road- ways thereto, either within or without the town, or acquire and install machin- ery and equipment and build the necessary reads or tramways thereto, and oper- ate the same for the purpose of producing materials required for any and all purposes of said town. (n) To establish, construct, and maintain sanitary sewers, sewer lines, or cisterns and to require the abutting property owners. to connect there- with, and to establish, construct, maintain and operate sewerage disposal plants, and to acquire by condemnation or otherwise, within or without the town, all lands, rights -of way and other rights and easements necessary for the purposes aforesaid, and to assess, charge and collect reasonable fees, licenses, taxes, assessments or costs of service for connecting with and using the same. (o) To grant franchises for public utilities, subject to the provi- sions of the Constitution and general laws of the Commonwealth of Virginia. 7: (p) To collect and dispose of sewerage, offal, ashes, garbage, car- casses of dead animals and other refuse, and to make reasonable charges therefor; . to acquire and operate reduction or other plants for the utilization or destruc- tion of any or all of said materials, to contract, regulate and collect for the disposal thereof, and to require or regulate the disposal thereof. (q) To compel the abatement of nuisances within the town, or upon property owned by the town beyond its limits at the expense of the person, per- sons, corporations or firms 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 and sale; to require all lands, lots or other premesis within the town to be kept clean, sanitary or free from stagnant water, weeds, filth, or unsightly deposits, or to make them so at the expense of the owner or occupants thereof, and to collect said expense by suit or motion or by distress and sale; to regulate or prevent slaughter houses or other noisome or offensive business within the said 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 thereon; to regulate the transportation of all articles throught 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 man- ner in which they shall be constructed or kept; to regulate the location, con- struction, operation or maintenance of bill boards; to provide,how, when and under what conditions awnings may project over the streets and sidewalke from buildings, and the manner in which sidewalks may be used for advertising or display signs or merchandise; to generally define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, aesthetics, safety, convenience, or welfare of the inhabitants of the town; and to require all own- ers or occupants of property having sidewalks in front thereof to keep the same clean and sanitary or free from all weeds, filth, unsightly deposits, ice or snow. (r) The council may, in its discretion, appoint a board of health for the town andinvest it with authority for the prompt and efficient performance I of its duties. (s) To inspect, test, measure or weigh any commodity or article offer- ed- for use or. consumption to persons within the town; and to establish, regulate, license or inspect weights, meters or scales employed or used within the town and charge and collect fees therefor. (t) To prefent or extinguish fires, and to establish, regulate, and control a fire department or division; to regulate the size, heights, materials and construction of buildings, fences, walls, retaining walls or other struc- tures hereafter erected, in such manner as thepublicsafety or conveniences may require; to remove or require to be removed or reconstructed any building, structure or addition thereto, which •by reason of dilapidation, defect of struc- ture, or other causes, may have become dangerous to life or property, or which may be erected contrary to law; to establish or designate from time to time fire timite, within which limits wooden buildings shall not be constructed, removed ",., to, added to, enlarged, or repaired and to direct that any and all future build- ings within such limits shall be constructed of stone, natural or artificial, concrete, brick, iron or other fireproof material; and may enact stringent and efficient laws for securing the safety of persons from fires in halls and build- ings used for public assemblies, entertainments or amusements. (u) To charge and collect fees for permits to use public facilities or for public service or privileges. Said town shall have the power and right to charge a different rate for any service rendered or convenience furnished to citizens without the corporate limits from the rates charged for similar service to citizens within the corporate limits. (v) To prevent any person having no visible means of support, paupers or persons who may be dangerous to the peace, health or safety of the town, from coming to said town from without the sane; and also to expel therefrom any such person who has been in said town less than one year. (w) To provide, permit or prohibit the establishment of places for in- terment of the dead in or near the town and regulate the same and also those here- to-fore established and to provide in or near the town lands to be used as burial places for the dead, providing land-for the same be secured; othereise, to provide same as near as mai be to the town; to improve and care for the same and the approaches thereto, and to charge for and regulate the use of ground therein;, and to provide for the perpetual upkeep and care of any plot or bur- ial lot therein, the town is mithorized to take and receive sums of money by gift, bequest, or otherwise, to be kept invested and the income therefrom used in and about the perpetual upkeep and care of the said lot or plot for which the said donation, gift, or bequest shall have been made. (x) To exercise full police powers; establish and maintain a de- partment or division of police. • (y) To restrain and punish drunkards, vagrants and street beggars; to prevent or quell riots, disturbances, or disorderly assemblages; to suppress houses of ill-fame, or gambling houses; to prevent or punish 'lewd, indecent or disorderly exhibitions in said town; to expel therefrom persons guilty of such conduct who have not resided therein as much as one year. (z) To license and regulate the holding and location of shows, cir- cuses, irfuses, public exhibitions, carnivals or similar shows or fairs, or prohibit the holding of the same or any of them within the town. (aa) To require every owner of a motor vehicle to annually register such motor vehicle and obtain a license to operate the same by making applica- tion to the treasurer of said town and to require said owner to pay an annual license therefor, to be fixed by the council, but said license fee shall not exceed the amount charged by the State on said machine. (bb) To make and enforee ordinances appertaining to ardent spirits,. provided, however, that no such ordinances shall be in conflicttwith any of the provisions of the Alcoholic Beverage Control Act or of the general laws of the Commonwealth with respect to the control of alcoholic beverages. (cc) To do all things whatsoever necessary, expedient or lawful for promoting or maintaining the general welfare, comfort, education, morals, peace, government, health, trade, commerce, or indistries• of the town or its. inhabitants. (dd) To prescribe any penalty for the violation of any town ordinance, rule or regulation, or of any provisions of this charter, not exceeding five hundred dollars, or one year imprisonment in jail or both. (ee) To prohibit or punish mischievous, wanton or malicious damage to school property, public property or private property. (ff) To prohibit or punish minors frequerting,playing or loitering in any public poolroom, billiard parlor or tenpin alley, and to punish any proprietor ot agent thereof dor permitting same. • (gg) To pass and enforce all by-laws, rules, regulations and ordi- nances which the town council may deem necessary for the government of the town, the management of its property, the conduct of its affairs, the peace, order, canfort, convenience, morals, health and protection of its citizens or their property or do such other things, adopt any ordinance that may be necessary or proper to carry into full effect all power, authority, capacity or jurisdiction, which is of shall be franted to or vested in said town, or in the council or officers thereof, or which may be incident to a municipal 111corporation. • (hh) The town may maintain a suit to restrain by injunction the violation of any ordinance, notwithstanding punishment may be provided for the violation of such ordinance. Section 4. Licenses may be imposed by ordinance and collected frac business, trades, professions or callings, and upon persona, firms, associations or corporations engaged therein or offering to do business - within the boundaries of said town, except when prohibited by general law, whether or not a linense may be required therefor by the State, and it may exceed the State license if any be required. r 0 Section 4. (a) Licenses hay also be imposed upon and collected from persons, firms, or corporations selling and delivering at the same time at other than a definite place of business, goods, wares or merchandise, to licensed dealers or retailers in said town. (b) Persona, fiats or associations or corporations doing business or attempting to do business, buying, delivering, exchanging or bartering goods, wares, merchandise or commodities within the said town without a written order, may be required to secure a license from the town, except when a license is pro- hibited by the Constitution or the general laws of the Commonwealth of Virginia, whether or not a license may be required therefor by the State and it may exceed • the•State license if any be required. (el It is the purpose of this section to give the council of this town the power to assess, issue a license or permit on any or all subjects with- in its jurisdiction not withheld from taxation by towns in accordance with the Constitution and the General Laws of the Commonwealth of Virginia. Section 5. For every license issued or transferred under this charter, there may be prescrived by ordinance a charge or fee, not in excess of seventy- five cents for issuing or fifty cents for transferring the same, such charges or fees shall be collected and paid into the town treasury. Section 6. A lien shall exist On all real estate within the corpor ate limits for taxes, levies or assessments in favor of the town, levied or as- sessed thereon from the commencement of the year for which the sane was levied ;r or assessed, and the procedure for collecting said taxes for selling real es- tate for town taxes, and for the redemption of real estate sold for town taxes, shall be the same as provided in the general law of the State. The council of said town shall have the benefit of all other and additional remedies for the collection of town taxes which are now, or may be hereafter granted or permit- ted under the general law. Section 7. The government of said town shall be vested in a council which shall be composed of a mayor and six members, each and all of whom shall be electors of said town. Section 8. The officers of said town, in addition to the mayor and councilmen, shall be a recorder, a treasurer, an auditor and a sergeant, who also shall be electors of the town. • Section 9. The council may, by ordinance, provide for such other of- ficers, agents and employees as it may deem appropriate, prescribe their duties and fix their compensation. Section 10. The treasurer, auditor and sergeant shall be elected by the council for a term of two years, coincident with that of the council. Section 11. The office of treasurer and auditor may be filled by the same person. Section 12. The council shall fix the salaries of the mayor, council- men, recorder, treasurer, auditor and sergeant, whose salaries shall hot be in- creased nor decreased during the term of office for which they shall have been elected. Section 13. The council may provide for an audit or audits- of the af- fairs of the town. Section 14. The councir'?ehall, by ordinance, adopt such rules as it may deem proper for the regulation of its proceedings and the time of its meet- ings. Section 15. The council may fine a member for disorderly behavior and with the concurrence of two-thirds vote of the council, expel a member in accordance with the Constitution and general laws of the Commonwealth of Vir- ginia. 10 Section 16. ' A majority of the council shall constitute a quoroum for the transaction of business, but no ordinance nor resolution shall be passed or' . adopted having for its object the levying of taxes or contracting a debt except by a concurring vote of two-thirds of the members of the council. Seotion 17. All meetings of the council shall be public, unless the council by a recorded affirmative vote of two-thirds of its members shall de- clare that the public welfare demands an executive session of the council; any citizen may have access to the minutes and records of the council at any rea- sonable time. Section 18. The council, in its discretion, bnd by proper ordinance, may require the sergeant or any other officer of the town, instead of the treas- urer, to collect the taxes and other revenues of the town and pay the same over to the treasurer. Section 19. By a majority vote, the council may contract with a mem- ber or members thereof, for labor to be performed or materials to be furnished and used by the said town; but said contract with any member or members of said council for labor or materials, shall not exceed the amount of one hundred dol- lars, unless and until the same shall be submitted to public bid. Section 20. The council, by ordinance, may create the office of po- lice justice for the town and such police justice may, in so far as it is not in conflict with the general laws of the State, relating to trial justices, be granted ;jurisdiction and powers similar to the jurisdiction and powers of po- lice justice in cities of this State. The term of office of such police jus- tice shall not be for a term beyond that of the council by which he may be appointed. Section 21. The council, by ordinance, may employ and empower the trial justice of Loudoun county with the same power and authority as is by *this charter conferred upon the mayor for the trial of criminal cases. Section 22. In addition to the taxes, assessments and levies here- • inbefore provided, the council of the said torn may annyally levy a corpora- tion tax of one dollar per head on every citizen of the town, not exempt from taxation by State or National law, which shall be collected in' the same manner as other taxes. Section 23. Requisites for voting in town elections shall be resi- dence in the State for one year and in the town_of Leesburg three consecutive months prior to such election. • Section 24. The council, by ordinance, may provide for the employ- ment of special police. • • Seotion 25. The mayor shall be the chief executive officer of the town and shall have the jurisdiction and authority of a justice of the peace and shall have exclusive original jurisdiction for the trial of offenses aris- ing under.the ordinances of said town. He shall preside at all meetings of the council. In the absence of the mayor, the recorder shall act in his place and stead, but if both the mayor and recorder shall be absent, the council may, by a majority vote, select one of its members to act as mayor pro tem. - The mayor shall perform such other duties consistent with his office as may be imposed by the council; he shall have and exercise all powers and authority conferred by general law on mayors of towns not inconsistent With this char- ter; he shall be the official head of the town. In times of public danger or emergencies, he may take command of the police and maintain order and en- force the laws, and for this purpose, may deputize such assistant policemen as may be necessary. The mayor or person acting as mayor, shall authenticate by his signature, such documents or instruments as the council, this charter,' or the laws of the State, shall require. Section 26. The mayor, councilmen, recorder, treasurer, auditor and sergeant serving at the time of the passage of this act, shall continue in office until the term for which they were elected or appointed shall ex- ' pire. An election for mayor, councilmen, and recorder shall be held on the 11_ second Tuesday in,June, nineteen hundred and thirty-seven, and every two years thereafter. The mayor, members of the council and recorder shall enter upon their duties the first day of September next succeeding their election. Be- fore entering upon his duty, each and every person elected to office shall take the official oath required by law. • Seotion 27. Before entering upon his duty,each and every person elect- ed or appointed to office, may be required to execute a bond in the penalty pre- scribed by ordinance. Seotion 28. The recorder shall be the clerk of the council; shall at- tend all meetings thereof and shall keep a record of its proceedings. He shall keep all papers, documents and records pertaining to the town, the custody of which is not otherwise provided. He shall be custodian of the town seal and shall. affix tt to all documents and instruments requiring the seal and shall at- test the same. and ah all perform such other duties as are required by this charter, general law, or by the council. Seotion 29. The town sergeant shall have the same powers and discharge the same duties as a constable within the corporate limits of the town; he shall perform such duties as may be required of town sergeants by the general law or such other duties not inconsistent therewith or may br required bf him by ordi- nance or resolution of the council. Section 30. The treasurer shall receive all money belonging to and re- oeived by the town and keep a correct account of all receipts from all sources, and expenditures of all departments. He shall collect all taxes, levies, li- cense taxes, assessments, fees, water rents and other charges belonging to and payable to the town and for that purpose, he is hereby vested with any and all powers which are now or may be hereafter vested in county and State treasurers, for the collection of county, town and State taxes under the general law. He shall keep and disburse all moneys or funds in such manner and in such places as may be determined by ordinanr.e or the provisions of law applicable thereto. He shall pay no money out of the treasury except in the manner prescribed by ordi- ' nance or general law; he shall perform such duties as areusually incident to the office of commissioner of revenue in relation to the assessment of property and the license taxes and shall have power to administer oaths in the performance of his official duties; and shall make such reports and perform such other duties not ' inconsistent with the office as may be required by the mayor or by ordinance or resolution of the council. The treasurer shall not be entitled to any com- mission for handling the funds of the town, but shall be paid such salary as may be provided by the council, and before entering upon the duties of his office, shall execute a bond in such amount and with such surety as the council by ordi- nance may prescribe. Section 31. The council may provide that the premium on any surety bond shall be paid by the town. .Section 32 The council may require the attendance of its officers, agents or employees at its meetings and may further require reports to be submit- ted. Section 33. In all cases of a tie vote at any meeting of the council or whenever the vote of the mayor is necessary to give validity to any ordinance, resolution, contract or liability incurred, the mayor or person presiding, shall cast the deciding vote. ;Section 34. Vacancies in the office of mayor, councilmen or recorder, I may be filled for the unexpired term by a majority vote of the remaining members of the council. Section 35. The person acting as mayor pro tem shall be entitled to vote at any meeting over which he is elected to preside. Section 36. All fees, costs or charges for making arrests or trying cases involving violations of town ordinances shall be assessed and forthwith paid into the town treasury. Section 37. All the rights, privileges and property of the town hereto- 12 fore acquired, now owned or enjoyed, shall continue undiminished and remain vest- ° ed in the town; and 11 laws of the Commonwealth of Virginia, ordinances and res- olutions of the council now in force and not inconsistent with this act, shall continue in full force and effect until repealed by the Commonwealth of Virginia or the council of the Town of Leesburg, in Virginia. Section 38. The enumeration of particular powers and authority in this charter shall not be deemed nor held to be exclusive but in addition to the pow- ers herein enumbrated, implied hereby or appropriate to the exercise thereof, the said town shall have and may exercise all other powers which are now or may be hereafter conferred upon or enjoyed by towns under the Constitution and general laws of this State. Section 39. Subject to the provisions of the Constitution and the general laws of this State, and the terms of this charter to grant franchises, the town of Leesburg shall have the right and power to grant franchises to pub- lic utilities, persons, firms and corporations. Section 40. If any clause, sentence, paragraph or part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment, order or decree shall not affect, impair or invalidate the remainder of said 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, order or decree shall have been rendered. Section 41. All prior acts and amendments thereto creating a charter for the said town, are hereby repealed. Section 42. An emergency existing, this act shall be in force from its passage. On motion of Councilman Howard, seconded by Councilman Turley, and ' voted favorably upon by the following menbers of the council;- Messrs. Howard, Newton, Plaster, Shroy and Turley, Town Attorney Stilsoh H. Hall, was directed to forward a copy of the charter, together with a letter explaining the prin- cipal changes included therein to Hon. H. C. Thompson, member of the House of Delegates, Richmond, Virginia, with the request that Mr. Thompson would intro- duce it at this session of the General Assembly. There being no further business, on motion, the Council adjourned. i ' / MAYOR. . - RECO RDER.