§ 5. Taxation and finance.

The town council shall have control of taxation and finance for its municipal purposes. It shall have the following powers:

(1)

Annual levy. To raise annually by levy of taxes and assessments in the said town on all such property, real and personal, as is now or may hereafter be subject to taxation by towns by the laws of this commonwealth, such sums of money as the council thereof may deem necessary for the purposes of the said town in such manner as the said council shall deem expedient in accordance with the constitution of this state and the United States; provided, however, that it shall impose no taxes on the bonds of the said town.

(2)

Assessments for local improvements. To impose special or local assessments for local improvements and the enforced payment thereof, subject to such limitations as may be prescribed by the constitution and laws of this state.

(3)

Contract of debts; issuance of bonds, notes, etc.; borrowing money.

(a)

To contract debts in the name of and for the use of the town and make and issue, or cause to be made and issued, as evidence thereof, bonds, notes or other obligations, within the limitations prescribed by the constitution and the laws of this state covering bonds issued by towns, upon credit of the town, or solely upon the credit of income derived from specific property owned by the town or solely upon the credit of income derived from property used in connection with any public utility owned and operated by the town.

(b)

To borrow money temporarily, pending the issuance and sale of any bonds, notes or other obligations authorized by this Charter, or in anticipation of the receipt of taxes and revenue of the current fiscal year, and to issue notes or other evidences of indebtedness therefor, and from time to time to renew such temporary loans or to use current funds to be ultimately repaid from the proceeds of said bonds, notes, or other obligations, or from the town taxes and revenues, as the case may be.

(4)

Registration and licensing of motor vehicles. To require every owner or operator of motor vehicles residing in the said town on a date to be designated by the council, to annually register such motor vehicles and to obtain a license to operate the same by making application to the treasurer of the said town, or such other persons as may be designated by the council; to issue said licenses, and to require the said owner to pay his annual license fee therefor to be fixed by the council, provided that the said license fee shall not exceed the amount charged by the state on the said machine. The council shall have the right to require the operator of said motor vehicle to attach a proper license plate on a conspicuous part of the said motor vehicle and to keep [the] same thereon in plain view for common observation. The council may prorate such license fee over periods of not less than three months.

(5)

Fees and permits for use of public facilities, etc. To charge and collect fees and permits to use public facilities and for public services and privileges. The said town shall have the power and rights to charge a different rate for any service rendered or convenience furnished to citizens without the corporate limits from the rates charged for same service within the corporate limits.

(6)

Taxes or licenses on trades, etc. Except as prohibited by general laws, the town may levy a legal tax or license on any person, firm or corporation, pursuing or conducting any trade, business, profession, occupation, employment or calling, whatsoever, within the boundaries of the town, whether a license may be required therefor by the state or town, and may provide penalties for any violation thereof.

(7)

Expenditures. To expend the money of the town for all lawful purposes.

(8)

Validation of contracts, etc. All contracts and obligations heretofore or hereafter made by the town council, not inconsistent with this Charter[,] of the constitution or the general laws of this state, shall be, and are hereby, declared to be valid and legal.

(9)

Lien for taxes; collection of taxes, sale of real estate therefor and redemption of real estate so sold. A lien shall exist on all the real estate within the corporate limits of said town for taxes, levies and assessments in favor of the town, together with all penalties and interests due thereon, assessed thereon from the commencement of the year for which the same were assessed and the procedure for collecting the said taxes, for selling real estate for town taxes, and for the redemption of said 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 provisions of said general law were herein set out at length. The said town and its treasurer shall have the power of all other additional remedies for the collection of town taxes which are now, or hereafter may be granted or permitted, under the general law.

(10)

Annual assessment. The town council shall provide for the assessment each year of all taxable property within said town in the same manner as provided by state law.

(11)

Annual budget. The town council shall prepare, or cause to be prepared, annually a budget showing the estimated receipts and proposed expenditure for town purposes as required by state law.

(12)

Distraint and sale of personalty for taxes, etc. All goods and chattels wheresoever found may be distrained and sold for taxes and licenses assessed and due thereon for town purposes; 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 deeds while such goods and chattels remain in the grantor's possession.

(13)

Effective date of certain ordinances. Ordinances making the annual tax levy, appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of town affairs, resolutions requesting information from administrative bodies or directing administrative action and emergency measures shall take effect at the time indicated in such ordinances. When no effective date shall be set forth in any such ordinances, resolutions or bylaws of [the town], the same shall become effective thirty days from the date of its passage.

(14)

Subjects of taxation. The Town of Damascus may levy a tax on all subjects of taxation not prohibited to it by, nor exempted in, the constitution and general laws of Virginia.

(15)

Audit of accounts. Upon the death, resignation, removal or expiration of the term of any officer of the town, the council shall order an audit and investigation to be made of the accounts of such officer and report to be made to the council as soon as practicable. After the close of each fiscal year, an annual audit shall be made by a qualified accountant, selected by the council, who shall have no personal interest, direct or indirect, in the financial affairs of the town or any of its officers or employees. The council may at any time provide for an examination or audit of the accounts of any officer or department of the town government.

Editor's note—

The provisions of this section with regard to distraint of land and tax liens appears to be superseded by Code of Virginia, § 58.1-3940 et seq.

Editor's note

The provisions of this section with regard to distraint of land and tax liens appears to be superseded by Code of Virginia, § 58.1-3940 et seq.