Scottsville, Town of
County of Albemarle
History of incorporation
Established, 1818, c. 111; repealed 1932, c. 344.
Incorporation and charter, 1833, c. 193; repealed 1932, c. 344.
Charter, 1932, c. 344; repealed 1998, c. 243.
Current charter
Charter, 1998, c. 243.
Amendments to current charter
2010, c. 571 (§§ 1.2, 4.1)
2020, cc. 125, 1252 (§§ 3.1, 3.4, 3.5, 3.9, 5.1, 5.4, 5.6, 5.8, 5.9, 5.10, 5.11, 5.12 [added], 5.13 [added])
Chapter 1. Incorporation and Boundaries.
§ 1.1. Incorporation.
The inhabitants of the territory comprised within the present limits of the Town of Scottsville, 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 Scottsville, 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. (1998, c. 243)
§ 1.2. Boundaries.
The boundaries of the town lying within the County of Albemarle, Virginia, shall be established by the annexation order of the Circuit Court of Albemarle County, Virginia, entered in deed book 1347, page 257, on September 27, 1993, and in deed book 3803, page 75, on September 30, 2009. That portion of the town lying within the boundaries of the County of Fluvanna, Virginia, shall be as previously established by law and as heretofore laid off into lots, streets, and alleys, as shown on the plat of said town. (1998, c. 243; 2010, c. 571)
Chapter 2. Powers.
§ 2.1. General grant of powers.
The Town of Scottsville 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. (1998, c. 243)
Chapter 3. Mayor and Council.
§ 3.1. Governing body.
There shall be a mayor who shall be an elector of said town, and who, together with the six members of the council, shall constitute the governing body of the town. He or she shall be elected by the qualified electors of said town at the general election to be held on the first Tuesday in May 1998, and every four years thereafter, and shall enter upon the duties of his or her office on the first day of July next succeeding his or her election, and shall continue in office until his or her successor is elected and qualified.
There shall be six members of the council, all of whom shall be electors of said town, who, together with the mayor, shall constitute the governing body of said town, and they shall be elected to serve staggered four-year terms by the qualified electors of said town at the general election to be held on the first Tuesday in May 1998, and every two years thereafter. All members of the council shall enter upon the duties of that office on the first day of July next succeeding their election, and shall continue in office until their successors are elected and qualified.
However, in 2020, the mayor and the three town council candidates receiving the greatest number of votes shall be elected for terms of four years, and the three town council candidates receiving the next greatest number of votes shall be elected for terms of two years. Beginning in 2022 and every four years thereafter, three council members shall be elected at the time of the May general election, with terms to commence on July 1 following the election. Beginning in 2024 and every four years thereafter, the mayor and three council members shall be elected at the time of the May election, with terms to commence on July 1 following the election. (1998, c. 243; 2020, cc. 125, 1252)
§ 3.2. Swearing in of officers.
The mayor and members of council, and other municipal officers of said town, before entering upon the duties of their respective offices, shall be sworn in according to the laws of the Commonwealth by anyone authorized to administer oaths. (1998, c. 243)
§ 3.3. Continuation of officers.
The mayor and members of council in office in said town at the time of the passage of this act shall be continued in office until the expiration of the terms for which they were elected, and until their successors are duly elected and qualified according to law. (1998, c. 243)
§ 3.4. Mayor chief executive.
The mayor shall be the chief executive officer of the town, and may receive a salary to be fixed by the council. He or she shall see that the ordinances and bylaws of the town are fully executed and enforced. (1998, c. 243; 2020, cc. 125, 1252)
§ 3.5. Powers of mayor.
The mayor shall preside over the deliberations of the council, but shall have no vote except in case of a tie. The mayor shall have the power to appoint and swear in special policemen for any occasion when in his or her judgment it is expedient for the peace and good government of the territory under the criminal jurisdiction of said town, and at such compensation as may be fixed by the council. In case of a vacancy in the office of town sergeant, the mayor shall have power and authority to fill same by temporary appointment until the council shall meet and appoint a town sergeant, such temporary appointment by the mayor to be at such compensation as may be fixed by the council. (1998, c. 243; 2020, cc. 125, 1252)
§ 3.6. Mayor's state of the town statement.
It shall be the duty of the mayor to communicate to the council as often as he shall deem it expedient, or be required to do so by the council, a general statement of the situation and conditions of the town in relation to its government, finances, and improvements, with such recommendations as he shall deem proper. (1998, c. 243)
§ 3.7. Filling of vacancy in office of mayor.
In case a vacancy shall occur in the office of mayor the council shall appoint one of their number to fill such vacancy for the unexpired term. (1998, c. 243)
§ 3.8. Filling of vacancy on council.
In case of a vacancy happening in the council by death, resignation, removal, or otherwise, the council shall appoint a qualified person to fill the vacancy for the unexpired term. (1998, c. 243)
§ 3.9. Appointment of vice-mayor.
The council shall appoint one of its members vice-mayor who shall, in the absence or inability of the mayor, preside over the meetings of the council. In the absence or the inability of the mayor, the vice-mayor shall have the powers of, and perform the duties of the mayor. (1998, c. 243; 2020, cc. 125, 1252)
§ 3.10. Council meetings.
The council shall meet in regular session once in each month at a date fixed by ordinance, or resolution. A majority of the members elected to the council shall constitute a quorum. (1998, c. 243)
§ 3.11. Power of mayor, council members to call special meetings.
The mayor shall have power to call a special meeting of the council whenever he deems it necessary, stating the purpose for which the meeting is called, and in case of absence, inability, or refusal of the mayor to call a special meeting, the council may be convened by the order of any two members thereof. (1998, c. 243)
Chapter 4. Courts.
§ 4.1. Jurisdiction of courts within the town.
The Albemarle County General District Court, the Albemarle County Juvenile and Domestic Relations Court, and the Circuit Court of Albemarle County, or the Fluvanna County General District Court, the Fluvanna County Juvenile and Domestic Relations Court, and the Circuit Court of Fluvanna County, as applicable, or their successors, shall have the same jurisdiction both criminal and civil within the town as provided by law. (1998, c. 243; 2010, c. 571)
Chapter 5. Appointive Officers.
§ 5.1. Town sergeant; police officers.
The council shall appoint a town sergeant who shall be the chief police officer of the town, and who shall hold office at the pleasure of the council with such salary as shall be fixed by the council. The town sergeant may at any time be removed from office by a majority of votes of the council.
The town sergeant shall perform such other duties as the council may direct. He or she shall be vested with all the powers that the general laws of the Commonwealth confer upon constables and police officers.
The council may require the town sergeant to execute before the mayor bond, with surety to be approved by him or her in the amount to be approved by the council, conditioned for the faithful performance of the duties of town sergeant. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.2. Town treasurer.
The council shall appoint a town treasurer who shall hold office at the pleasure of the council, and who shall receive such compensation as may be fixed by the council and may hold other appointive office or not. (1998, c. 243)
§ 5.3. Qualifying, bond of treasurer.
The treasurer shall qualify and give bond before the council with surety approved by it in a penalty to be approved by the council. (1998, c. 243)
§ 5.4. Duties of treasurer.
The treasurer shall receive all money belonging to the town, and shall perform such other duties as are, or may be, prescribed by the council. He or she shall keep his or her books and accounts in such manner as the council may prescribe, and such books and accounts shall always be subject to the inspection of the mayor and council. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.5. Collection of taxes, licenses, assessments.
The treasurer, or by order of the council of the town, the town sergeant, or any other person appointed by the council, shall collect all taxes, licenses, and assessments which may be levied by the council, and for this purpose the said treasurer, or other person appointed by the council as aforesaid, shall be vested with power and be subject to the liabilities and penalties now prescribed by law in regard to the county treasurer of the Commonwealth of Virginia in the levying and collecting of taxes, and said treasurer, or person appointed as aforesaid to collect said taxes, shall have full power to levy on property and sell the same for the payment of such taxes as the said county treasurers of the Commonwealth of Virginia are now empowered by law to do, and such sales shall be made upon the notice, and in such manner as now prescribed by law in sales of personal property for state taxes. (1998, c. 243)
§ 5.6. Deposit of town moneys.
The treasurer shall be required to keep all moneys in his or her hands belonging to the town in such place, or places, of deposit as the town council by ordinance may provide or direct. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.7. Manner of payment of town money.
No money shall be paid out by the town treasurer except by order of the council and upon a warrant, or check, of the clerk of the council signed by the mayor, or in such other manner as may be prescribed by the council. (1998, c. 243)
§ 5.8. Report of treasurer.
The treasurer shall report to the town council, or a committee thereof, as often as required a full and detailed account of all receipts and expenditures during the month, and the state of the treasury. He or she shall also keep a record of all warrants, or orders, their dates, amount, number and the person to whom paid, specifying also the time of payment; and such warrants, or orders, shall be examined at the time of making such report to the council by the auditing committee thereof who shall examine and compare the same with the books of the treasurer and report discrepancies, if any, to the council. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.9. Town clerk.
The council shall appoint a town clerk, who shall hold office at the pleasure of the council, and who shall receive such compensation as may be fixed by the council and may hold other appointive office or not.
The town clerk shall have the custody of the corporate seal, and he or she shall keep all the papers that by the provisions, or the direction of the council, are required to be filed with, or kept by him or her; and he or she shall perform such other acts and duties as the council may require. He or she shall receive such compensation as may be allowed by the council. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.10. Appointment; duties of clerk of the council.
The council shall appoint a clerk, to be known as the clerk of the council, who may either be a member of the council or hold other appointive office or not.
The clerk of the council shall attend the meetings of the council and keep the record of its proceedings and he or she shall perform such other acts and duties as the council may require. He or she shall receive such compensation as may be allowed by the council. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.11. Appointment of town attorney.
The council shall designate from time to time or annually in its discretion, a discreet and competent attorney at law, licensed to practice his or her profession in all the courts of the Commonwealth, and shall fix his or her compensation.
The town attorney shall advise the mayor and council and the town officers on any official matter presented to him or her, and shall prosecute the violation of all town ordinances, upon authorization from the council. (1998, c. 243; 2020, cc. 125, 1252)
§ 5.12. Town administrator.
The council shall appoint a town administrator, who shall be the executive officer of the town and shall be responsible to the town council and mayor for the proper administration of the town government. It shall be the duties of the town administrator to:
(a) Attend all meetings of the town council, with the right to speak when recognized but not to vote;
(b) Keep the mayor and town council advised of the financial condition, with advice from the town treasurer, and the future needs of the town and all matters pertaining to its proper administration, and make such recommendations as may seem desirable with the assistance of other Charter officers to the mayor and town council;
(c) With the mayor, prepare and submit, with the assistance of the town treasurer and other town officers, the annual budget of the town and be responsible for its administration after its adoption;
(d) Submit adequate reports as required by the town council and mayor; and
(e) Perform such other duties as may be prescribed by this Charter, or required in accordance therewith by the mayor and town council, or which may be required by the chief executive officer of a town by the general laws of the Commonwealth.
All employees of the town, except those appointed by the town council pursuant to this Charter or the general laws of the Commonwealth, shall be appointed and may be removed by the town administrator, who shall report each appointment or removal to the mayor and town council immediately. The town council shall designate a person to act as town administrator in case of the absence, incapacity, death, or resignation of the town administrator, until his or her return to duty or appointment of a successor. Until such time as the town council appoints any such town administrator, the duties and powers outlined herein shall be given to the mayor or such other person as may be designated by the town council. The removal of such town administrator shall be by majority vote of the town council. (2020, cc. 125, 1252)
§ 5.13. Appointment of one person to more than one office.
The town council may appoint the same person to more than one appointive office, at the discretion of the town council, subject to limitations set forth in the Constitution of Virginia and Title 15.2 (§ 15.2-100 et seq.) of the Code of Virginia, as amended from time to time. (2020, cc. 125, 1252)
Chapter 6. Miscellaneous.
§ 6.1. Posting of ordinances containing penalty.
Every ordinance of the council, imposing a penalty for its violation, shall, upon its passage, be conspicuously posted in said town. (1998, c. 243)
§ 6.2. Continuation of current ordinances.
All ordinances now in effect, not in conflict with the provisions of this act, shall continue in force until altered, amended, or repealed by the council. (1998, c. 243)
§ 6.3. Severability.
If any section, or provision, of this act 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 said act. (1998, c. 243)