Charters

Charters
3/30/2017

Parksley, Town of

County of Accomack

History of incorporation

Incorporated by a 1904 Act of Assembly.

Charter, 1904, c. 133; repealed 1916, c. 362.

Charter, 1916, c. 362; repealed 1950, c. 201.

Charter, 1950, c. 201; repealed 1979, c. 163 (except § 2 of Chapter I).

Current charter

Charter, 1979, c. 163.

Amendments to current charter

1983, c. 49 (§ 3.1)

2001, c. 12 (§ 5.7)

Chapter 1. Incorporation and Boundaries.

§ 1.1. Incorporation.

The inhabitants of the territory comprised within the present limits of the town of Parksley in Accomack County, 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 Parksley, 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 amend at its pleasure. (1979, c. 163)

§ 1.2. Boundaries.

The boundaries of the town, until altered, shall be as established by § 2 of Chapter I of Chapter 201 of the Acts of Assembly of 1950, which are incorporated herein by reference and made a part hereof. (1979, c. 163)

Chapter 2. Powers.

§ 2.1. General grant of powers.

The town of Parksley 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 chapter shall be held to be exclusive, and the towns 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. (1979, c. 163)

§ 2.2. Adoption of powers granted by 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 15.1-907, inclusive, of the Code of Virginia, as amended, and all acts in furtherance thereof and supplemental thereto. (1979, c. 163)

Chapter 3. Mayor and Council.

§ 3.1. Election, qualification and term of office for mayor and council.

The Town of Parksley shall be governed by a town council composed of six councilmen and a mayor, all of whom shall be qualified voters of the town and shall be elected by the qualified voters of the town in the manner provided by law from the town at large. The councilmen and mayor in office at the time of adoption of this charter shall continue in office until the expiration of the terms for which they were elected or until their successors are duly elected and qualify. An election for three councilmen shall be held on the first Tuesday in May, 1986, and on the first Tuesday in May of every even-numbered year thereafter. A mayor shall be elected at the election held on the first Tuesday in May, 1984, and every four years thereafter. The councilmen and mayor so elected shall take office on the first day of the following July, and shall each serve until their successors are elected and have qualified.

In the May 1984 general election six members of council shall be elected and shall take office July one following their election and hold office as follows: the three councilmen receiving the highest number of votes shall serve terms of four years; the three remaining councilmen shall serve terms of two years. Thereafter, all terms shall be for four years. (1979, c. 163; 1983, c. 49)

§ 3.2. Vacancies.

Vacancies on the council shall be filled for the unexpired term from among the qualified voters of the town by a majority vote of the remaining members of council. A vacancy in the office of mayor shall be filled for the unexpired term from among the qualified voters of the town by a majority vote of the council. (1979, c. 163)

§ 3.3. Council a continuing body.

The council shall be a continuing body, and no measure pending before such body nor any contract or obligation incurred shall abate or be discontinued because of the expiration of the term of office or removal of any council members. (1979, c. 163)

§ 3.4. 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 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. (1979, c. 163)

§ 3.5. Vice-mayor.

The town council shall, by a majority of all of its members, elect a vice-mayor at its first meeting to serve for a term of two years in the absence of or during the disability of the mayor, and the vice-mayor shall possess the powers and discharge the duties of the mayor when serving as mayor. (1979, c. 163)

§ 3.6. Meetings of council.

The council shall fix the time of its regular meetings, which shall be at least once each 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 opened to the public in accordance with Chapter 21 of Title 2.1 of the Code of Virginia. Three members of the council in addition to the mayor, vice-mayor or acting mayor shall constitute a quorum for the transaction of business at any meeting. Special meetings may be called at any time by the mayor or by any three members of the council, provided that the members of the council are given reasonable notice of such meetings, and no business shall be transacted at a special meeting except that for which it shall be called. If the mayor and all members of the council are present, this provision may be waived by a majority vote of the council. (1979, c. 163)

§ 3.7. Ordinances and resolutions.

On final vote on any ordinance or resolution the name of each member voting and how he voted shall be recorded, and, in addition, no ordinance or resolution appropriating money exceeding the sum of five hundred dollars, imposing taxes or authorizing the borrowing of money shall be passed except by affirmative vote of a majority of all members of the council. (1979, c. 163)

§ 3.8. Salaries.

The salaries of the mayor, councilmen, members of boards or commissions and all appointed officers and employees of the town shall be authorized and fixed by the council 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 the council shall not be increased during the term for which they were elected. (1979, c. 163)

Chapter 4. Appointive Officers.

§ 4.1. Appointments.

At the first meeting in July following each election or as soon thereafter as practicable, the council shall appoint or reappoint the following officers whose duties shall be as prescribed by the council not inconsistent or in conflict with general law: a town treasurer, a town clerk who may also be the town treasurer, a town attorney who shall be an attorney-at-law licensed to practice under the laws of the Commonwealth of Virginia and who shall be actively practicing in Accomack County. (1979, c. 163)

§ 4.2. Deputies and assistants.

The council may appoint such deputies and assistants to appointive offices as it may deem necessary. (1979, c. 163)

§ 4.3. Term of office.

Appointees under this chapter shall serve at the pleasure of the council. (1979, c. 163)

§ 4.4. Bonds.

Appointees may be required to execute such bonds as the council may deem necessary. (1979, c. 163)

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

The council may appoint the same person to more than one appointive office. (1979, c. 163)

§ 4.6. Boards and commissions.

The council may, in its discretion, appoint such boards and commissions as it deems necessary or as may be authorized by the laws of the Commonwealth of Virginia. (1979, c. 163)

Chapter 5. Miscellaneous.

§ 5.1. Fiscal year.

The fiscal year of the town shall begin on July one in each year and end on June thirty of the following year. (1979, c. 163)

§ 5.2. Elections.

All town elections shall be held and conducted in the manner prescribed by the laws of the Commonwealth of Virginia. (1979, c. 163)

§ 5.3. Applicability of laws outside of the 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. (1979, c. 163)

§ 5.4. Ordinances continued.

All ordinances now in force in the town and not inconsistent with this charter shall be and remain in force until altered, amended or repealed by the council. (1979, c. 163)

§ 5.5. Severability.

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 the charter. (1979, c. 163)

§ 5.6. 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. (1979, c. 163)

§ 5.7. Office of chief of police.

The office of chief of police for the town shall be established in the discretion of the council and if established shall be filled by appointment by the council and not by election by the town's voters. (1979, c. 163; 2001, c. 12)