Charters

Charters
3/24/2017

Painter, Town of

County of Accomack

History of incorporation

Incorporated by Circuit Court of Accomack County July 17, 1950.

Current charter

Charter, 1987, c. 24.

Chapter 1. Incorporation and Boundaries.

§ 1.1. Incorporation.

The inhabitants of the territory comprised within the present limits of the Town of Painter, Accomack County, as such limitations are now, or may hereafter be altered and established by law, shall constitute a body politic and corporate, to be known and designated as the Town of Painter, and as such shall have perpetual succession, may sue and be sued, plead and be impleaded, contract and be contracted with, and may have a corporate seal which it may alter, renew or amend at its pleasure.  (1987, c. 24)

§ 1.2. Boundaries.

The boundaries of the town are those established in the petition for incorporation issued by the Circuit Court of Accomack County and recorded in Common Law Register Book 1946-50, Page 485, recorded July 19, 1950, in the Accomack County Circuit Court Clerk's Office.  (1987, c. 24)

Chapter 2. Powers.

§ 2.1. Powers.

The town shall have all powers conferred upon towns under the Constitution of Virginia and all other laws of the Commonwealth. All powers set forth in Chapter 18 (§§ 15.1-837 through 15.1-907) of Title 15.1 of the Code of Virginia, are hereby specifically conferred upon the Town of Painter.  (1987, c. 24)

Chapter 3. Governing Body.

§ 3.1. Council.

A. The town shall be governed by a council composed of six members elected at large.

B. The members of council in office at the time of the passage of this act shall continue until the expiration of the terms for which they are elected, or until their successors are duly elected and qualified.

C. In 1986 and every two years thereafter, on the dates specified by general law for municipal elections, six members of the council shall be elected for terms of two years each. The persons so elected shall qualify and take office on July 1 following their election, and they shall continue to serve until their successors are duly elected, qualified and assume office.

D. Any person qualified to vote in town elections shall be eligible for the office of councilman.

E. Vacancies on the council shall be filled for the unexpired term by a majority vote of the remaining members of the council. All vacancies shall be filled within sixty days. Any person qualified for the office of councilman may be chosen to fill a council vacancy.  (1987, c. 24)

§ 3.2. Mayor.

A. Concurrent with the election for members of council, on the date specified by general law for municipal elections, a mayor of the town shall be elected for a term of two years. Persons so elected shall so qualify and take office on July 1 following their election. Mayors shall continue to serve until their successors are duly elected, qualify and assume office.

B. Any person qualified to vote in town elections shall be eligible for the office of the mayor.

C. Vacancies in the office of mayor shall be filled for the unexpired term by a majority vote of the members elected to the council from among the qualified voters of the town. Vacancies shall be filled within sixty days.

D. The mayor shall be president of the council, but he shall have no vote except in case of a tie. He shall be recognized as head of the town government for ceremonial purposes and by the Governor for purposes of military law. He shall perform such other duties as may be assigned to him by council not inconsistent with the Constitution of Virginia, the general laws of the Commonwealth or the provisions of this charter.

E. The town council at its first regular meeting in July following a general election shall elect one of its members as vice-mayor of the town, whose term shall run concurrently with that of the mayor, and who shall exercise all the powers and duties of the mayor in the event of the absence of the mayor.

The member of the council who shall be chosen vice-mayor, shall continue to have all of the rights, privileges, powers, duties and obligations of councilman even when performing the duties of mayor during the absence or disability of the mayor of the town.  (1987, c. 24)

Chapter 4. Miscellaneous.

§ 4.1. Ordinances continuing.

All ordinances now in force in the town not inconsistent with this charter shall remain in force until altered, amended, or repealed by the council.  (1987, c. 24)

§ 4.2. Legislative procedure, etc.

A. 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, each ordinance or resolution shall be confined to one general subject. Four members of council shall constitute a quorum.

B. The council shall, by ordinance, fix the time for their stated meetings, provided the council shall meet at least once each month. Special meetings shall be called by the clerk of the council upon the request of the mayor, or any four members of the council; no business shall be transacted at a special meeting but that for which it shall be called, unless the council be unanimous. The meetings of the council shall be open to the public, except when the public welfare shall require executive sessions.

If any member of the council shall be voluntarily absent from three regular meetings of the council consecutively, his seat may be deemed vacant by resolution of the council and thereupon his unexpired term shall be filled according to the provisions of this charter.  (1987, c. 24)

§ 4.3. Town officers.

A. At its organizational meeting held following the qualifications of the mayor and members of council, the council may, in its discretion, appoint a town manager who shall serve as the chief administrative officer of the town.

B. The council may, in its discretion, appoint a town attorney, town clerk, town treasurer, chief of police and such other town officers as it deems appropriate. The council shall further provide the terms of each officer, or, if there be no terms, shall indicate that the officers serve at the pleasure of the appointing authority.

C. Each officer shall have such duties and shall receive such compensation as specified by the appointing authority not inconsistent with the Constitution and general laws of the Commonwealth and this charter.

D. The same person may be appointed to more than one office.  (1987, c. 24)