Charters

Charters
5/24/2017

South Hill, Town of

County of Mecklenburg

History of incorporation

Incorporation and charter, 1901, c. 250; repealed 1936, c. 39.

Current charter

Charter, 1936, c. 39.

Amendments to current charter

1966, c. 34 (§§ 3, 5, 10.1 [added])

1972, c. 272 (§ 16)

1973, c. 39 (§ 10.1)

1975, c. 66 (§ 16)

1988, c. 812 (§ 7)

1997, c. 630 (§§ 3 [repealed], 3.1 [added], 4, 5, 6, 8, 11 [repealed], 12, 14 [repealed], 15 [repealed])

2012, c. 459 (§§ 9 [repealed], 10, 10.1)

2016, cc. 162, 311 (§§ 2, 4, 8, 12, 13)

§ 1. The Town of South Hill, in the County of Mecklenburg, Virginia, shall continue to be a town corporate, in the name and style of the Town of South Hill, and as such shall have and may exercise the powers hereinafter set forth, and all powers and privileges which are now, or may hereafter be conferred upon or delegated to towns under the Constitution and the general laws of the Commonwealth of Virginia. (1936, c. 39)

§ 2. The corporate limits of the Town of South Hill, Virginia, as heretofore established, are hereby re-established, to include an area of approximately nine and three-tenths (9.3) square miles, as follows:

Beginning at a point in the center of the intersection of North Mecklenburg Avenue and Atlantic Street and extending north on North Mecklenburg Avenue for three and two-tenths (3.2) miles, west on West Atlantic Street for one and two-tenths (1.2) miles, east on East Atlantic Street for two and two-tenths (2.2) miles, southwesterly on West Danville Street for two and sixth-tenths (2.6) miles, and south on South Hill Avenue/Goodes Ferry Road for one and eight-tenths (1.8) miles. Additional boundary information is included in records on file in the office of the Clerk of the Circuit Court of Mecklenburg County. (1936, c. 39; 2016, cc. 162, 311)

§ 3. (1936, c. 39; 1966, c. 34; repealed 1997, c. 630)

§ 3.1. The powers set forth in §§ 15.1-841 through 15.1-907 of Chapter 18 of Title 15.1 of the Code of Virginia, are hereby specifically conferred upon the Town of South Hill as provided in and pursuant to the provisions of said chapter of the Code of Virginia. (1997, c. 630)

§ 4. The government of the Town of South Hill shall be vested in a council composed of eight members of council elected from multi-member districts and a mayor elected at large. There are three districts: Election District I shall have two members, Election District II shall have three members, and Election District III shall have three members.

The method of election shall be by plurality vote and not by majority vote. Vacancies of members of council or mayor shall be filled in accordance with §§ 24.2-226 and 24.2-228 of the Code of Virginia for the unexpired term. Additional officers of the town shall be a town manager, clerk, finance director, chief of police, and such other agent, attorney, police, and clerical assistance as may be required. (1936, c. 39; 1997, c. 630; 2016, cc. 162, 311)

§ 5. The mayor and council serving at the time of the passage of this act shall continue in office till their successors are elected and qualify. An election shall be held in May of 1998, and every four years thereafter, to elect one council member from Election District I and three council members from Election District II. An election shall be held in May of 2000 and every four years thereafter to elect one council member from Election District I and three council members from Election District III. An election shall be held for mayor in May of 2000 and every four years thereafter. (1936, c. 39; 1966, c. 34; 1997, c. 630)

§ 6. The council shall fix the salaries of mayor and councilmen for the succeeding two years at the regular meeting of the council in January preceding the town election. The salaries of all other officials and agents of the town shall be fixed annually by the council, as well as the amount and nature of bonds required of them for the correct discharge of their duties. Officers and agents appointed by the council shall hold office only during the term of such council, and until their successors are appointed and qualify. (1936, c. 39; 1997, c. 630)

§ 7. The rules of procedure heretofore adopted, the ordinances, regulations and contracts entered into or published, by the duly constituted council and authorities of the town, shall be and continue in effect until and unless amended. A majority of the council shall constitute a quorum for the transaction of business; but no ordinances creating a debt or levying an assessment or taxes shall be legal, except by a two-thirds vote of the full council. Regular meetings of the council shall be held the second Monday evening of each month. The town records shall be open for inspection at all reasonable times by the citizens of the town. (1936, c. 39; 1988, c. 812)

§ 8. The mayor shall be the chief executive of the town. He shall preside at all council meetings; he may discuss questions, present issues, and recommend measures, but shall vote only to break a tie. As the official head of the town the mayor shall exercise all the powers conferred by general laws upon mayors of towns, and not inconsistent with this charter. In times of emergency he may take personal charge of the police forces of the town and may deputize any of the citizens of the town to do police duty. He shall affix his name to papers and documents requiring the same, and perform such other duties not inconsistent with his office, as the council may direct, under the charter and the laws of Virginia. The council by majority vote shall elect a member of the council mayor pro tem, who shall act in the absence or inability of the mayor. (1936, c. 39; 1997, c. 630; 2016, cc. 162, 311)

§ 9. (1936, c. 39, repealed 2012, c. 459)

§ 10. The town clerk shall be the clerk of the council and attend and keep a record of the proceedings of all meetings. He shall have custody of the documents and records of the town and the town seal and shall affix the seal to matters requiring it. He shall perform other duties not inconsistent with the office and as directed by the council, mayor, or town manager. (1936, c. 39; 2012, c. 459)

§ 10.1. The town manager shall manage the business of the town. He shall perform such duties as are consistent with the office and as directed by the council or mayor. (1966, c. 34; 1973, c. 39; 2012, c. 459)

§ 11. (1936, c. 39; repealed 1997, c. 630)

§ 12. The chief of police shall have control of the police force of the town under the jurisdiction of the town manager. The chief of police and the police officers of the town shall have the same powers and discharge the same duties as a constable of Mecklenburg County, except they shall serve civil process only on behalf of the town, and shall have like powers in a radius of two miles beyond the town, not in conflict with other authority. He shall perform all duties required of a chief of police and others not inconsistent with his office, or as directed by the council or town manager. (1936, c. 39; 1997, c. 630; 2016, cc. 162, 311)

§ 13. A lien shall exist upon all real estate within the corporate limits of the town, for taxes, levies and assessments, in favor of the town, holding thereon from the beginning of the year in which levied or assessed, and the procedure for the collection legally of such assessment and levies, and for selling or disposing of property to satisfy such liens for taxes and assessments, and for the redemption of the same, shall be in conformity with the State laws of Virginia, to the same extent and in the same effect as if the same were herein set out at length and completely and reference to the said laws of the State is hereby directed. And the said town shall have the benefit of all other and additional laws and remedies for collection of town taxes, levies and assessments, which now are or may hereafter be enacted or inaugurated for the collection of town assessments and levies, by the State of Virginia, including the right to institute and conduct chancery suits in the Circuit Court of Mecklenburg County, to enforce payment thereof. (1936, c. 39; 2016, cc. 162, 311)

§ 14. (1936, c. 39; repealed 1997, c. 630)

§ 15. (1936, c. 39; repealed 1997, c. 630)

§ 16. Bonds may be issued by the Town of South Hill, redeemable within forty years or less, to bear not more than eight per centum interest for any purpose consistent with the welfare of the town and its citizens and pursuant to the Constitution of Virginia, and any general statutes of the State relating to bond issues by incorporated towns, or pursuant to any subsequent legislation by the State affecting the issue of bonds by incorporated towns. (1936, c. 39; 1972, c. 272; 1975, c. 66)

§ 17. The Town of South Hill shall have power, insofar as not prohibited by general law, to tax, license, or assess fees for operation within the town by any person, subject, firm, corporation, association, or agency, of any business, service, undertaking, profession or occupation, whether operated from headquarters within the town or without, and at a rate fixed by the council for such operation, which rate may be in excess of that charged by the county or the State in connection with the same subject. (1936, c. 39)

§ 18. The enumeration of specific powers, privileges, and authority in this charter shall not be deemed exclusive, but in addition to the powers and privileges herein mentioned, implied or appropriated, the said town shall have and may exercise, all other powers, which are or may hereafter be, possessed, or enjoyed, by any towns under the Constitution and laws of the Commonwealth of Virginia, or not denied by the same, as fully and completely as if herein set out at length. (1936, c. 39)

§ 19. Should any word, phrase, clause, or part of the same, in this charter, at any time be found or adjudged by any court of competent jurisdiction invalid or unconstitutional, or for any other reason not legally operative, such judgment shall in no wise operate to render invalid or of no effect any other portion of this charter, but shall be confined strictly to that word, phrase, clause or portion of this charter that is thus questioned. (1936, c. 39)