Charters

Charters
3/28/2017

Alberta, Town of

County of Brunswick

History of incorporation

Incorporated by order of Circuit Court, September 4, 1928.

Current charter

Charter, 1978, c. 109.

Chapter 1. Incorporation and Boundaries.

§ 1.1. Incorporation.

The inhabitants of the territory comprised within the present limits of the town of Alberta, as such limits are now or may hereafter be altered and established by law, shall constitute and continue to be a body politic and corporate, to be known and designated as the town of Alberta, and as such shall have perpetual succession, may sue and be sued, implead and be impleaded, contract and be contracted with, and may have a corporate seal which it may alter, renew or amend at its pleasure by proper ordinance. (1978, c. 109)

§ 1.2. Boundaries.

The boundaries of the town of Alberta shall be as described in the order of the Circuit Court for Brunswick County dated September four, 1928, which description is incorporated herein by reference. (1978, c. 109)

Chapter 2. Powers.

§ 2.1. General grant of powers.

The town of Alberta shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia, as fully and completely as though such powers were specifically enumerated herein, and no enumeration of particular powers by this Charter shall be held to be exclusive, and the town shall have, exercise and enjoy all the rights, immunities, powers and privileges and be subject to all the duties and obligations now appertaining to and incumbent on the town as a municipal corporation. (1978, c. 109)

§ 2.2. Adoption of certain sections of Code of Virginia.

The powers granted in § 2.1 of this charter include specifically, but are not limited to, all powers set forth in §§ 15.1-837 through 15.1-915, inclusive, of the Code of Virginia, as amended, and all acts in furtherance thereof and supplemental thereto. (1978, c. 109)

§ 2.3. Eminent domain.

The powers of eminent domain as set forth in Title 15.1 and Title 25 of the Code of Virginia, as amended, are hereby conferred upon the town of Alberta. (1978, c. 109)

Chapter 3. Mayor and Council.

§ 3.1. Election, qualification and term of office of councilmen and mayor.

The town of Alberta shall be governed by a town council composed of seven councilmen and a mayor, all of whom shall be qualified voters of the town, to be elected from the town at large. Any person qualified to vote in the town shall be eligible for the office of councilman or mayor. At the regular municipal election to be held on the first Tuesday in May, 1978, seven councilmen and a mayor shall be elected to serve as follows: the four councilmen receiving the greatest number of votes shall serve for a term of four years each; and the mayor and the three remaining councilmen shall serve a term of two years each. At the regular municipal election to be held on the first Tuesday in May, 1980, and every four years thereafter, three councilmen shall be elected for a term of four years each. At the regular municipal election to be held on the first Tuesday in May, 1982, and every four years thereafter, four councilmen shall be elected for a term of four years each.

The mayor shall serve for a term of two years and shall be elected at the regular municipal election held in 1978 as herein provided and every two years thereafter.

The mayor and councilmen elected under this section shall enter upon the duties of their respective offices the first day of July succeeding their election. Thereafter they shall each serve for the term set forth herein or until their successors have qualified. (1978, c. 109)

§ 3.2. Vacancies on council.

Vacancies on the council shall be filled for the unexpired portion of the term from among the qualified voters of the town, by a majority vote of the remaining members of council. (1978, c. 109)

§ 3.3. Vacancy in office of mayor.

A vacancy in the office of mayor shall be filled for the unexpired portion of the term from among the qualified voters of the town by a majority vote of the council. (1978, c. 109)

§ 3.4. Council a continuing body.

The town council shall be a continuing body, and no measures pending before such body, or contract or obligation incurred, shall abate or be discontinued because of the expiration of the term of office or removal of any council members. (1978, c. 109)

§ 3.5. Powers and duties of mayor.

The mayor shall be the chief executive and administrative officer of the town. He shall have and exercise all the privileges and authority conferred by general law not inconsistent with this charter. He shall preside over the meetings of the town council and shall have the same right to speak therein as members of the council, but shall not vote except in the case of a tie vote. He shall be the head of the town government for all ceremonial purposes and shall perform such other duties consistent with his office as may be imposed by the town council. He shall see that the duties of the various town officers are faithfully performed and shall authenticate his signature on such documents or instruments as the council, this charter or the laws of the Commonwealth shall require. (1978, c. 109)

§ 3.6. Vice-mayor.

The town council shall elect from its members, by a majority of the members present, a vice-mayor. During the absence or inability of the mayor to act, the vice-mayor shall possess the powers and discharge the duties of the mayor. While serving in the place of the mayor, the vice-mayor may vote as a member of the town council. (1978, c. 109)

§ 3.7. Acting mayor.

If both the mayor and the vice-mayor are absent or unable to act, the town council shall, by a majority vote of the members present, elect from its members a person to serve as acting mayor until either the mayor or vice-mayor is present and able to act. The person so elected shall possess the powers and discharge the duties of the mayor during such period of time. Whenever it is necessary to elect an acting mayor pursuant to this section, in the absence of both the mayor and vice-mayor, the town clerk or acting town clerk shall call the meeting of the town council to order and shall preside until an acting mayor is elected. This shall not be construed to vest in the town clerk any of the powers and duties of the mayor, except as expressly stated in this section. (1978, c. 109)

§ 3.8. Meetings of the council.

The town council shall fix the time of its stated meetings, and it shall meet at least once a month and, except as herein provided, the council shall establish its own rules of procedure and such rules as are necessary for the orderly conduct of its business not inconsistent with the laws of the Commonwealth of Virginia. A journal shall be kept of its official proceedings and its meetings shall be open to the public. (1978, c. 109)

§ 3.9. Council to fix salaries.

The town council is hereby authorized to fix the salary of the mayor, members of the town council, members of boards or commissions, and all appointed officers and employees of said town, at a sum not to exceed any limitations placed thereon by the laws of the Commonwealth of Virginia. The salaries of the mayor and members of council shall not be increased during the term for which they were elected. (1978, c. 109)

Chapter 4. Appointive Officers.

§ 4.1. Appointments.

The town council may, in its discretion, appoint a clerk, a treasurer, a sergeant and such other officers, and may create such other boards and departments as may be authorized by law. Each officer appointed under this section shall be directly responsible to the town council and mayor. Such officers shall perform such duties as are required by general law, as well as such additional duties, not inconsistent with general law, as this charter or the council may prescribe. The enumeration of officers in this section shall not be construed to require the appointment of any such officers herein named. (1978, c. 109)

§ 4.2. Deputies and assistants.

The town council may appoint such deputies and assistants to appointive offices as it may deem necessary. (1978, c. 109)

§ 4.3. Term of office.

Appointees hereunder shall serve at all times during the pleasure of the town council and may be dismissed at any time by the council. (1978, c. 109)

§ 4.4. Bonds.

Officers, deputies and assistants appointed by the town council shall execute such bonds as may be required by resolution of the town council. (1978, c. 109)

§ 4.5. Vacancies in office.

The town council may fill any vacancy in any appointive office. (1978, c. 109)

§ 4.6. Appointment of one person to more than one office.

The town council may appoint the same person to more than one appointive office. (1978, c. 109)

Chapter 5. Miscellaneous.

§ 5.1. Elections governed by state law.

All town elections shall be held and conducted in the manner prescribed by the laws of the Commonwealth of Virginia. (1978, c. 109)

§ 5.2. Applicability outside town.

All ordinances of the town, so far as they are applicable, shall apply on, in or to all land, buildings and structures owned by or leased or rented to the town and located outside the town. (1978, c. 109)

§ 5.3. Ordinances continued in force.

All ordinances now in force in the town of Alberta, not inconsistent with this charter, shall be and remain in force until altered, amended or repealed by the town council. (1978, c. 109)

§ 5.4. Severability of provision.

If any clause, sentence, paragraph or part of this charter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this charter but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. (1978, c. 109)

§ 5.5. Legislative procedure.

Except in dealing with parliamentary procedure, the council shall act only by ordinance or resolution, and with the exception of ordinances making appropriations, or authorizing the contracting of indebtedness, shall be confined to one general subject. (1978, c. 109)