CHAPTER 245
An Act to amend and reenact §§1-1 and 1-2, §2-1, as amended,
§2-420, §3-2, as amended, §3-401, §3-5, as amended, and §§3-9, 4-11, 6-1,
6-11, 6-12, 6-131, 6-133, 6-14, 6-15, 6-23, 6-231, 6-234, and 7-6 of Chapter
358 of the Acts of Assembly of 1958, which provided a charter for the Town of
Tazewell, and to repeal §§3-94, 3-95, 5-1, and 5-11, §5-12, as amended, and
§§5-13 through 5-31 of Chapter 358 of the Acts of Assembly of 1958, relating
to town boundaries, powers, council, elections, board of zoning appeals, and
comprehensive plan.
[H 1149]
Approved March 17, 2014
Be it enacted by the General Assembly of Virginia:
1. That §§1-1 and 1-2, §2-1, as amended, §2-420, §3-2, as
amended, §3-401, §3-5, as amended, and §§3-9, 4-11, 6-1, 6-11, 6-12, 6-131,
6-133, 6-14, 6-15, 6-23, 6-231, 6-234, and 7-6 of Chapter 358 of the Acts of
Assembly of 1958 are amended and reenacted as follows:
§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 constitute and continue to be a
body politic and corporate, to be known and designated as the Town of Tazewell
(hereinafter Town), 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 laws of the State of Virginia
for the government of towns of the State of Virginia.
§1-2. Form of government.
The municipal government provided by this charter shall be
known as the "Town Manager Comprehensive Plan." Pursuant to
its provisions, and subject to the constitution and general laws of the
Commonwealth, all powers of the town shall be vested in an elected council
hereinafter referred to as the "Council," which shall enact local
legislation, 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 established 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 corner of T. G. Witten's land, and also corner of the Tazewell Courthouse
Improvement 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 sixteen 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 thirty 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." and as amended by Orders of
the Circuit Court of Tazewell County, Case No. CH00-000297, entered on November
8, 2000, and Case No. CL09---1547, entered on December 28, 2009, respectively,
with the latter two orders of record in the Clerk's Office for the Circuit
Court of Tazewell County.
§2-1. General grant of powers.
The powers set forth in §§15.1-837 15.2-1100
through 15.1-915 15.2-1133, inclusive, of Chapter 18 11
of Title 15.1 15.2 of the Code of Virginia as in force on
January 1, 1966, as amended, are hereby conferred on and vested in
the Town of Tazewell, Virginia, together with all other powers which are now or
may hereafter be conferred upon or delegated to towns under the Constitution
and laws of the Commonwealth, 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.
§2-420. 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 arrests 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 appropriate
District Court shall have jurisdiction in all cases arising thereunder within
or without the Town wherein the offense occurs.
§3-2. Nominations and elections.
The mayor and members of council in office on the effective
date of this act shall serve until their successors have been elected and
qualified. Municipal elections within the Town of Tazewell shall take place on
the first Tuesday in May after the first Monday in the month
of November of each even-numbered year to coincide with the general
election. At each such regular municipal election, three councilmen shall
be elected for terms of four years each, and a mayor shall be elected for a
term of two years. The terms of office for both councilmen and mayor so elected
shall commence on the first day of July January, immediately
following such election, and shall continue until their successors have 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 or removal of any of its members.
§3-401. Appoint and remove the town manager, the town clerk,
the town attorney, the police justice, issuing justices and officers of
the volunteer fire department.
§3-5. Mayor.
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. At the regular meeting of the council held in the
month of July January following a municipal election, 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 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.
§3-9. Appointees.
At the first meeting in September January
following each councilmanic election, or as soon thereafter as practicable,
the council shall appoint:
§4-11. The fiscal year of the town shall begin on the first
day of September July and end on the thirty-first
thirtieth day of August June of the succeeding year.
§6-1. Power to adopt a master comprehensive
plan.
In addition to the powers granted elsewhere in this charter
the council shall have the power to adopt by ordinance a master
comprehensive 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:
§6-11. Town planning commission. There shall be a town
planning commission consisting of seven eight members, appointed
by the council. One member shall be a member of the council appointed for a term
concurrent with his term in the council. One member shall be the town manager,
who shall be a nonvoting member, appointed for a term concurrent with his
term in such capacity. There shall be five six 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. Members may be
removed for malfeasance in office, and a member of the commission may be
removed from office by the Town without limitation in the event that the
commission member is absent from any three consecutive meetings of the
commission, or is absent from any four meetings of the commission within any
one-month period. 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 commission 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 Five
voting members shall constitute a quorum. The commission shall appoint such
employees as it may deem necessary for its work and may contract with city
planners, engineers, architects and other consultants for services it may
require. All expenditures shall not exceed the sums appropriated by the council
therefor.
§6-131. To make and adopt a master comprehensive
plan which with accompanying maps, plats, charts and descriptive matter shall
show the commission'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.
§6-133. To promote public interest in and understanding of
the master comprehensive 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 education as it may determine.
§6-14. Adoption of master comprehensive plan by
the Commission. The Commission may adopt the plan as a whole by a single
resolution or may by successive resolutions adopt successive parts of the plan,
said parts corresponding to mayor major 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
addition thereto. Before the adoption of the plan or any such part, amendment,
extension or addition, the commission shall hold at least one public hearing
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, extension 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 comprehensive
plan. Whenever the commission shall have adopted a master
comprehensive plan for the town or one or more parts thereof, geographical,
topographical or functional, and the master comprehensive 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 commission. 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,
vacation 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.
§6-23. Board of Zoning Appeals. The council may appoint
establish a Board of Zoning Appeals, and in the members of which
shall be appointed by the judge of the Circuit Court of Tazewell County. 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, one of whom may be a member of the Planning Commission, each of
whom is to be appointed for a term of two years, and subject to 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.
§6-234. The board of zoning appeals shall fix a reasonable
time and a reasonable appeal fee 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.
§7-6. Citation of act.
This act may for all purposes be referred to or cited as the
Town of Tazewell Charter of 1958, as amended by the Acts of Assembly of 2014.
2. That §§3-94, 3-95, 5-1, and 5-11, §5-12, as amended, and
§§5-13 through 5-31 of Chapter 358 of the Acts of Assembly of 1958 are
repealed.
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