Bill Text: VA HB866 | 2014 | Regular Session | Enrolled
Bill Title: Charter; Town of Christiansburg.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-23 - Governor: Acts of Assembly Chapter text (CHAP0786) [HB866 Detail]
Download: Virginia-2014-HB866-Enrolled.html
Be it enacted by the General Assembly of Virginia: 1. That §§1.02, 2.01, 2.03, and 2.04, as amended, §§2.09, 2.10, 2.11, and 2.12, §2.16, as amended, §§2.23, 2.24, 2.25, and 2.27, §§ 2.28, 2.31, and 2.32, as amended, §3.19, §§3.20 and 3.21, as amended, §4.01, §4.06, as amended, §4.10, §§6.02 and 7.01, as amended, and §§7.03, 7.10, 7.11, and 7.14 of Chapter 240 of the Acts of Assembly of 1954 are amended and reenacted as follows: §1.02. The boundaries. The present boundaries of the town are as set forth in §2.01. Vesting of administration and government in council; composition of council; election and term of council members; council to be continuing body; vacancies in council. The administration and government of the town is vested in the council composed of a mayor and six councilmen, all of whom shall be electors of the town. (a) The council shall be elected in the manner provided by law. Three council members shall be elected on the November 2011 general election date and every four years thereafter. A mayor and three other council members shall be elected on the November 2013 general election date and every four years thereafter. Terms of office shall begin on the first day of January next following their election. Each council member and the mayor elected as hereinabove provided shall serve for the term stated or until his successor has 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 term of office or removal of any of its members. (b) Vacancy in the council or in the office of mayor shall be
filled within (c) Notwithstanding any provisions of law to the contrary, any person shall be qualified to fill a vacancy on council or as mayor who is a resident of the town and is a qualified elector therein, except that a member of council shall not be qualified to fill a vacancy as mayor. §2.03. Municipal officers. The municipal officers of said town shall, in addition to the
mayor, consist of treasurer, chief of police, clerk of the town council, town
manager and town attorney; and the mayor may appoint such committees of the
council as he may see fit, and the council may create such boards and
departments of town government and administration with such powers and duties
and subject to such regulations as it may see fit, consistent with the
provisions of this act and the general laws of this State. The said treasurer
and clerk may be one and the same person if the council No employee of the town or either of the officers of treasurer, chief of police, clerk of the town council, town manager or town attorney shall be required at the time of their employment or appointment to be a resident of the town. §2.04. Town manager. The council of the town may, in its discretion appoint a town manager who may also serve as town engineer. Upon appointment of a town manager, he shall be vested with the administrative and executive powers of the town and shall hold office during the pleasure of the council. He shall receive such compensation as may be fixed by the council. He shall see that within the town the laws, ordinances, resolutions and bylaws of the council are faithfully executed and that the duties of the various other appointed town officers, members of the police, fire and public works departments and all other departments of the town government, are faithfully performed. He shall have power to investigate their acts, have access to all books and documents in their offices and may examine them or their subordinates on oath, but the evidence given by the persons so examined shall not be used against them in any criminal proceedings. He shall attend all meetings of the council as deemed reasonably practical by council and recommend for adoption such measures as he may deem expedient. He shall make reports to the council from time to time as to the affairs of the town, keep the council fully advised as to the town's financial condition and its future financial needs. He shall prepare and submit to the council a tentative budget for each fiscal year. The town manager shall perform such other duties as may be prescribed by the council and shall be bonded in such amount as the council may deem necessary. §2.09. The mayor, councilmen and all municipal officers of said town shall, before entering upon the duties of their respective offices, be sworn in accordance with the laws of the State of Virginia by anyone authorized to administer oaths under the laws of the State. Oaths of municipal officers of the town taken upon original appointment shall be considered to remain in effect for the duration of time the municipal officer remains in the respective office and new oaths shall not be required for reappointment of municipal officers to the respective office. §2.10. Certificate of oath. When the mayor, councilmen, town manager, treasurer,
clerk, and §2.11. If any person elected or appointed to any office in said town
shall neglect to take such oath §2.12. If any person, having been an officer of said town, shall not
within ten days after he shall have vacated or been removed from office, and
upon notification of request of the council within such time as it may allow,
deliver to his successor in office all property, books and papers belonging to
the town or appertaining to such office, in possession or under his control, he
shall forfeit and pay to the town a sum not exceeding five hundred dollars, to
be sued for and recovered with costs; and all books, records and documents used
in any office by virtue of any provision of this §2.16. Vacancy in office of mayor. In case a vacancy shall occur in the office of the mayor, the vacancy shall be filled by the method provided in §2.01 for filling vacancies in the council. §2.23. If any member of the council shall be adjudged by the council disqualified or be expelled, under the previous §2.22, a special election shall be held under the general election laws of the Commonwealth to fill such vacancy, for the unexpired term. §2.24. If any member of said council be voluntarily absent from its meetings consecutively for three months, his seat may be declared vacant by the council, and the unexpired term filled by appointment as provided in §2.01 (b). Where not otherwise provided for by the laws of this State the town council shall by ordinance provide for any irregular elections not herein or by the State laws provided for, and appoint the necessary officers to conduct the same. §2.25. General powers of council; management of municipal and fiscal affairs and of town property. The town council shall have, subject to the provisions of this §2.27. Same; as to ordinances and bylaws, taxes and licenses, appointment of officers, etc. For carrying into effect the powers granted by this §2.28. Clerk of the council. The clerk of the council shall be appointed by §2.31. Chief of police. The town council shall have the power and authority to appoint
a chief of police and to provide for the employment of such additional police
officers and §2.32. Police force. The police force shall be under the control of the town manager, and during any time that the office of the town manager is not filled, or in the absence of the town manager, under the control of the mayor, for the purpose of enforcing peace and order and executing the laws of the state and ordinances of the town. They shall perform such other duties as the council may prescribe. For the purpose of enabling them to execute their duties, each policeman is hereby invested with all the power and authority which belongs to the office of the constable at common law in criminal cases. §3.19. Execution of bonds, etc. All bonds, and other evidences of indebtedness of the town, shall be signed by the Mayor and countersigned by the clerk of the council, who shall affix the corporate seal of the town and attest the same. §3.20. Sinking funds. (a) There shall be set apart from the revenues of the town an annual amount to be covered into a sinking fund sufficient to pay, at or before maturities, all outstanding bonded indebtedness of the town. This does not include so-called short term obligations of the town. The council may, in its discretion, annually, from time to time, set aside such additional sinking funds for equipment and capital improvements as it may deem advisable. (b) All sinking funds set aside for the payment of the bonded
indebtedness of the town shall be used exclusively in the payment or purchase
and redemption of such outstanding bonds. When any sinking funds are not
immediately needed for the purpose for which they were provided, they may be
invested in securities as provided for by §3.21. Annual audit of financial records; fiscal year. The council shall have the financial records of the town
audited by a certified public accountant
§4.01. Town plan generally; subdivision. The town is empowered to make and adopt a comprehensive plan
for the town, and to that end all plats and replats hereafter made subdividing
any land within The town council shall have the authority to require real
estate subdividers within the corporate limits of the town to construct, at the
subdividers' expense, water mains, sewer mains, streets, drainage, sidewalks,
curbs and gutters. Such construction The town council shall have the authority to negotiate with subdividers without the corporate limits as to the construction of water mains, sewer mains, and as to water and sewer service. §4.06. Waterworks, sewage disposal facilities, etc.; eminent domain. (a) The town council shall have the power and authority to acquire or otherwise obtain control of, or establish, maintain, operate, extend and enlarge waterworks, sewerage systems and treatment facilities, gasworks, electric plants, airports and other public utilities within or without the limits of the town; to acquire within or without the limits of the town by purchase, or otherwise, whatever land may be necessary for acquiring, locating, establishing, maintaining, operating, extending and enlarging said waterworks, electric plants, airports, and other utilities, and rights of way, rails, pipes, manholes, poles, conduits and wires connected therewith; establish rates, rules and regulations for all public utilities operated by the town, any or all of which rates, rules and regulations the council may alter at any time without notice. The town council may, by ordinance, prohibit the waste and unnecessary use of water. (b) The town of Christiansburg may exercise the power of eminent domain with respect to land and improvements thereon, machinery and equipment, for any lawful purposes of said town. The powers set forth in §4.10. Grade of streets, sidewalks, etc.; permits for street openings. The town council shall have the exclusive authority to
determine the grades for all streets, sidewalks, curbs, gutters and alleys not
in conflict with the §6.02. Connection with and use of town sewer or water pipe lines. The town council shall have the power and authority to require
the owners or occupiers of the real estate within the corporate limits of the
town to use such sewer pipes and conduits and water furnished by the town under
such ordinances and regulations as the council may deem necessary to secure the
proper sewerage thereof and to improve and secure good sanitary conditions; and
shall have the power to enforce the observance of all such ordinances and
regulations by the imposition and collection of fines and penalties, to be
collected as other fines and penalties, under the provisions of this §7.01. Contracts for erection of public improvements and buildings; interest of council members in contracts. All contracts for the erection of public improvements and
buildings within the jurisdiction of the town §7.03. Protection of persons and property and preservation of peace and order. The town council shall have the power and authority to protect
the persons and property of the inhabitants of the town and others within the
town, restrain and punish drunkards, vagrants and street beggars; to prevent
vice and immorality; to preserve the public peace and good order; to prevent
and quell riots, disturbances and disorderly assemblages; to suppress houses of
ill fame and gambling houses; to prevent and punish lewd or indecent conduct or
exhibitions in the town; §7.10. Working of prisoners. Any person confined in jail as provided in this charter or for
violations of town ordinances, the Code of Virginia, or federal laws may
be required to work on the streets and public works of said town during the
time of confinement. §7.11. Continuation of existing ordinances. All ordinances now in force in the town of Christiansburg, not
inconsistent with this §7.14. Title of Charter. This 2. That §§7.04, 7.06, 7.07, and 7.08 of Chapter 240 of the Acts of Assembly of 1954 are repealed. |