2019 Uncodified Acts

2019 Virginia Uncodified Acts
11/19/2019

CHAPTER 308

An Act to amend and reenact §§ 1.2 and 2.2, § 2.3, as amended, § 3.1, § 3.2, as amended, §§ 3.3 through 3.9, 3.12, 3.15, and 4.1, § 4.2, as amended, §§ 4.3, 4.5, 4.6, 4.7, 5.1, 5.2, and 7.2, § 7.3, as amended, and §§ 8.4, 8.6, 8.7, 8.10, and 8.11 of Chapter 112 of the Acts of Assembly of 1971; to amend Chapter 112 of the Acts of Assembly of 1971 by adding a section numbered 3.1:1; and to repeal §§ 5.3 and 5.4, Chapter 6 (§§ 6.1, 6.2, and 6.3), and §§ 8.2, 8.3, and 8.5 of Chapter 112 of the Acts of Assembly of 1971, which provided a charter for the Town of Berryville in Clarke County, relating to boundaries, town powers, town council, town officers, appointments, and actions against town.

[H 2572]

Approved March 8, 2019

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 1.2 and 2.2, § 2.3, as amended, § 3.1, § 3.2, as amended, §§ 3.3 through 3.9, 3.12, 3.15, and 4.1, § 4.2, as amended, §§ 4.3, 4.5, 4.6, 4.7, 5.1, 5.2, and 7.2, § 7.3, as amended, and §§ 8.4, 8.6, 8.7, 8.10, and 8.11 of Chapter 112 of the Acts of Assembly of 1971 are amended and reenacted and that Chapter 112 of the Acts of Assembly of 1971 is amended by adding a section numbered 3.1:1 as follows:

§ 1.2. Boundaries.

The corporate boundaries of the town of Berryville shall be as follows:

Beginning at a pipe in the west side of North Buckmarsh Street (U.S. Route No. 340), such point being at the intersection of the west right-of-way line of North Buckmarsh Street and an extension of the north lot line of the Episcopal parsonage; thence along the west right-of-way line of North Buckmarsh Street, N 27° 43' E. a distance of 634.47 feet to a pipe; thence N. 45° 42' W. 2241.36 feet along the rear lot lines on the north side of Walnut Street to a pipe; thence S. 56° 34' 30" W. a distance of 160.38 feet to a pipe; thence S. 45° 45' 30" W. a distance of 4490.77 feet to a pipe in the orchard of H. F. Byrd, such line crossing West Main Street (Va. Route 7); thence, still through the orchards of H. F. Byrd and other properties, S. 57° 25' E. a distance of 3754.92 feet to a spike in the center line of South Church Street; thence S. 53° 42' E. a distance of 1736.86 feet to a pipe, such line crossing the Norfolk and Western Railway right-of-way; thence along a 13° 13' curve, parallel to the Norfolk and Western Railway, such curve having a tangent bearing of N. 62° 10' E. and a tangent distance of 250.80 feet to a pipe and point of intersection; thence still parallel to the Norfolk and Western Railway N. 49° 03' E. a distance of 2484.97 feet to a point of intersection of a 15° 38' curve, the corporate limits following the curve; thence N. 64° 44' E. a distance of 585.77 feet to a pipe; thence N. 49° 41' W. a distance of 3315.36 feet to a pipe and the place of beginning. In addition: Annexation Area A, 350 acres, Deed Book 193, Page 226; Annexation Area B1, 7.691 acres, Deed Book 227, Page 779; Annexation Area B2, 8.965 acres, Deed Book 237, Page 794; Annexation Area B3, 63.0898 acres, Deed Book 258, Page 156; Annexation Area B4, 10.5316 acres, Deed Book 279, Page 257; Annexation Area B5, 196.5 acres, Deed Book 308, Page 685; Annexation Area B6, 114.38 acres, Deed Book 364, Page 501; Annexation Area B7, 42.2588 acres, Deed Book 421, Page 722; Annexation Area B8, 41.81 acres, Deed Book 472, Page 284.

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

The powers set forth in §§ 15.1-837 15.2-1100 through 15.1-915 15.2-1133, both inclusive, of Chapter 18 11 of Title 15.1 15.2 of the Code of Virginia, as in force on January 1, 1971 2019, are hereby conferred on and vested in the town of Berryville.

§ 2.3. Eminent domain.

The powers of eminent domain set forth in Title 15.1 Chapter 19 (§ 15.2-1901 et seq.) of Title 15.2, Title 25 25.1, Chapter 1.1 and §§ 33.1-121 through 33.1-132, Chapter 1, and Chapter 10 (§ 33.2-1000 et seq.) of Title 33.2 of the Code of Virginia, as amended, and all acts amendatory thereof and supplemental thereto, mutatis mutandis, are hereby conferred upon the town of Berryville subject to the provisions of § 25-233 25.1-200 of the Code of Virginia.

(a) In any case in which a petition for condemnation is filed by or on behalf of the town, a true copy of a resolution or ordinance duly adopted by the town council declaring the necessity for any taking or damaging of any property, within or without the town, for the public purposes of the town, shall be filed with the petition and shall constitute sufficient evidence of the necessity of the exercise of the powers of eminent domain by the town. The town may employ the procedures conferred by the foregoing laws, mutatis mutandis, and may, in addition thereto, proceed as hereinafter provided.

(b) Certificates issued pursuant to §§ 33.1-121 to 33.1-132 33.2-1019 through 33.2-1029, inclusive, of the Code of Virginia, as amended, and acts amendatory thereof and supplemental thereto, may be issued by the town council, signed by the mayor and countersigned by the town treasurer. Such certificate shall have the same effect as certificates issued by the Commonwealth Transportation Commissioner, under the aforesaid laws, and may be issued in any case in which the town proposes to acquire property or interest therein by the exercise of its powers of eminent domain for any lawful public purpose, whether within or without the town; provided, that the condemnation authority shall be subject to the provisions of § 25-233 25.1-200 of the Code of Virginia.

(c) In addition to the powers conferred by the aforesaid laws, such certificates may be amended or canceled by the court having jurisdiction of the proceedings, upon petition of the town, at any time after the filing thereof; provided, that the court shall have jurisdiction to make such order for the payment of costs and damages, if any, or the refund of any excessive sums theretofore paid pursuant to such certificate as shall, upon due notice and hearing, appear just. The court shall have jurisdiction to require refunding bonds, for good cause shown by the town or any other person or party in interest, prior to authorizing any distribution of funds pursuant to any certificate issued or deposit made by the town.

Chapter 3.

Mayor, Recorder Vice Mayor, and Town Council.

§ 3.1. Composition of council; qualifications of mayor, recorder vice mayor, and councilmen council members.

The town of Berryville shall be governed by a town council composed of the mayor, the recorder vice mayor, and four councilmen council members. The mayor, recorder vice mayor, and councilmen council members shall be residents and qualified voters of the town. The mayor and recorder vice mayor shall be elected from the town at large. The four councilmen council members shall reside one in each ward of the town, but shall be elected by all of the qualified voters of the town.

§ 3.1:1. Office of recorder continued as office of vice mayor.

The office of vice mayor shall become effective on July 1, 2022, and the previously established office of recorder shall remain effective until July 1, 2022.

§ 3.2. Election and term of office of mayor, recorder vice mayor, and councilmen council members.

Elections for mayor, recorder vice mayor, and councilmen council members shall be held on the first Tuesday in May of each even-numbered year. On the first Tuesday in May, 1972 2020, a mayor and councilmen council members from Wards 1 and 3 shall be elected for a term of four years; and a recorder and councilmen from Wards 2 and 4 shall be elected for a term of two years. On the first Tuesday in May, 1974 2022, a recorder vice mayor and councilmen council members from Wards 2 and 4 shall be elected for terms of four years. Thereafter, the mayor, recorder and all councilmen shall be elected for terms of four years.

§ 3.3. When terms of office to begin.

The terms of office for the mayor, recorder vice mayor, and councilmen council members shall begin on the first day of July next following their election.

§ 3.4. Oath of office.

The mayor, recorder vice mayor, and councilmen council members shall each, before entering upon the duties of their office, make oath or affirmation that they will truly, faithfully, and impartially discharge the duties of their offices to the best of their abilities, so long as they shall continue therein.

§ 3.5. Vacancies in office.

Vacancies in the office of mayor, recorder vice mayor, or councilman council member shall be filled within forty-five days for the unexpired terms by a majority vote of the remaining members of the town council.

§ 3.6. When new election for mayor, recorder vice mayor, or councilman council member required.

If any person who shall have been duly elected mayor, recorder vice mayor, or councilman council member shall not be eligible, as herein prescribed, or shall refuse to take the oath or affirmation required under this Charter within two weeks from the day of the beginning of his the term of office, the town council shall declare his the office vacant, and shall order a new election for mayor, recorder vice mayor, or councilman council member, as the case may be.

§ 3.7. Powers and duties of mayor.

The mayor shall be a member of the town council, shall preside over the meetings of the town council, and shall have the same right to speak and vote therein as other members of the town council. He The mayor shall be recognized as the head of the town government for all ceremonial purposes, for the purposes of military law, and for the service of civil processes. The mayor shall have no power of veto over the ordinances and resolutions of the town council.

§ 3.8. Powers and duties of recorder vice mayor; recorder vice mayor to act as mayor during absence, disability, etc., of mayor.

The recorder vice mayor shall be a member of the town council and shall have the same right to speak and vote therein as other members of the town council. The recorder shall keep the journal of the proceedings of the town council and have charge of and preserve the records of the town. In the absence from the town, or disqualification, inability, or sickness of the mayor, or during any vacancy in the office of mayor, the recorder vice mayor shall perform the duties of the mayor and be vested with all his powers of the mayor. The recorder shall have the powers and duties of the vice mayor as set forth in this section until July 1, 2022.

§ 3.9. Absence or disability of mayor and recorder vice mayor.

If both the mayor and recorder 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 recorder 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.

§ 3.12. Meetings of council.

The town council shall fix the time of their stated its regular meetings, and they shall meet at least once a month. Special meetings may be called at any time by the mayor or by three members of the town council;, provided, that all members shall be duly notified a reasonable period of time prior to any special meeting.

§ 3.15. Council to fix salaries.

The town council is hereby authorized to fix the salaries of each of the members of the town council., members of boards or commissions, and all appointed officers. The salaries of the mayor, recorder vice mayor, and councilmen council members shall not be charged changed during the term for which they were elected.

§ 4.1. Appointment and qualifications.

There shall be a town manager, who shall be the executive officer of the town and shall be responsible to the town council for the proper administration of the town government. He The town manager shall be appointed by the town council for an indefinite term. He and shall serve at the pleasure of the town council. The town manager shall be chosen solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in or knowledge of accepted practice in respect to the duties of his the office. At the time of his the appointment, he the town manager need not be a resident of the town or the Commonwealth, but during his the tenure of office, he shall reside within Clarke County.

§ 4.2. Duties.

It shall be the duty of the town manager to:

(a) Attend all meetings of the town council, with the right to speak but not to vote.

(b) Keep the town council advised of the financial condition and the future needs of the town and of all matters pertaining to its proper administration, and make such recommendations as may seem to him desirable.

(c) Prepare and submit the annual budget to the town council and be responsible for its administration after its adoption.

(d) Present adequate financial and activity reports as required by the town council.

(e) Arrange for an annual audit by a certified public accountant, the selection of whom shall be approved by the town council.

(f) Be responsible for the supervision of all town employees.

(g) Perform such other duties as may be prescribed by this charter or required of him the town manager in accordance therewith by the town council or which may be required of the chief executive officer of a town by the general laws of the Commonwealth, other than the duties conferred on the mayor by this charter.

§ 4.3. Powers as to town officers and employees.

All officers and 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 manager, who shall report advise the town council of each appointment or removal to the town council at the next meeting thereof promptly following any such appointment or removal.

§ 4.5. Council not to interfere in appointments or removals; relationship with council.

Neither the town council nor any of its members, including the mayor and vice mayor, shall direct or request, the appointment of any person to or his removal from any office or employment by the town manager or by any of his subordinates or in any way take part in the appointment or for removal of officers and employees of the town, except as specifically provided in this charter. Except for the purpose of inquiry, the town council and its members shall deal with the administrative services solely through the town manager, and neither the town council nor any member thereof shall give orders, either publicly or privately, to any subordinate of the town manager. Any councilman violating the provisions of this section or voting for a motion, resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to be a councilman.

§ 4.6. Relations with boards, commissions and agencies.

The town manager shall have the right to attend and participate in the proceedings of, but not vote in, the meetings of all boards, commissions, or agencies created by this charter or by ordinance and any other board or commission the town council may designate.

§ 4.7. Acting town manager.

The town council shall designate by resolution a person to act as town manager in case of the extended absence, incapacity, death, or resignation of the town manager, until his the town manager's return to duty or the appointment of his a successor.

§ 5.1. Appointment.

The town council may appoint such the following officers of the town as they the town council may deem necessary. Such officers may include, but shall not be limited to, a town manager, a town attorney, a town treasurer, a town assessor, a judge of the municipal court and justices of the peace: town manager, assistant town manager for administration/treasurer, assistant town manager for community development/operations, and town attorney. Such officers shall be appointed for an indefinite term and shall serve at the pleasure of the town council. The enumeration of officers in this section shall not be construed to require the appointment of any of such officers herein named. Officers appointed by the town council shall perform such duties as may be specified in this charter by the town council.

§ 5.2. Deputies and assistants.

The town council may appoint such deputies and assistants to establish a deputy or assistant position for the appointive offices as the town council may deem necessary. The town manager shall appoint and supervise such deputies and assistants.

§ 7.2. Actions against town for damages, etc.

(a) No action shall be maintained against the town for damages for any injury to any person o or property alleged to have been sustained by reason of the negligence of the town, or any officer, agent, or employee thereof, unless a written statement, verified by oath of the claimant, his agent or attorney, or the personal representative of any decedent whose death is a result of the alleged negligence of the town, its officers, agents or employees, of the nature of the claim and the time and place at which the injury is alleged to have occurred, or to have been received, shall have been filed with the mayor or an attorney appointed by the town council for this purpose, and the town is hereby authorized to appoint such an attorney, within sixty days after such cause of action shall have accrued. Where the claimant is an infant or non compos mentis, or the injured party dies within such sixty days, such statement may be filed within one hundred twenty days; provided, that if the complainant is compos mentis during such sixty day period but is able to establish by clear and convincing evidence that due to the injury sustained for which a claim is asserted that he was physically or mentally unable to give such notice within the sixty day period, then the time for giving notice shall be tolled until the claimant sufficiently recovers from such injury so as to be able to give such notice. No officer, agent or employee of the town shall have authority to waive such conditions precedent or any of them notice is given to the town in accordance with § 15.2-209 of the Code of Virginia.

(b) In any action against the town to recover damages against it for any negligence in the construction or maintenance of its streets, alleys, lanes, parks, public places, sewers, reservoirs, or water mains, water treatment plant, wastewater treatment plant, stormwater system, or other town facilities, where any person or corporation is liable with the town for such negligence, every such person or corporation shall be joined as defendant with the town in such action brought to recover damages for such negligence, and where there is a judgment or verdict against the town, as well as the other defendant, it shall be ascertained by the court or jury which of the defendants is primarily liable for the damages assessed.

(c) If it is ascertained by the judgment of the court that some person or corporation other than the town is primarily liable, there shall be a stay of execution against the town until execution against such person or persons or corporation or corporations shall have been returned without realizing the full amount of such judgment.

(d) If the town, when not primarily liable, shall pay such judgment in whole or in part, the plaintiff shall, to the extent that such judgment is paid by the town, assign the judgment to the town, without recourse on the plaintiff, and the town shall be entitled to have execution issued for its benefit against the other defendant or defendants who have been ascertained to be primarily liable, or may institute any suit to enforce such judgment or an action at law, or scire facias to revive such judgment.

(e) No order shall be entered or made, and no injunction shall be awarded by any court or judge, to stay proceedings of the town in the prosecution of their works, unless it be manifest that they, their officers, agents, or servants are transcending the authority given them in this charter, and that the interposition of the court is necessary to prevent injury that cannot be adequately compensated in damages.

(f) The town council is authorized and empowered to compromise any claim for damages or any suit or action brought against the town.

§ 7.3 Creation of debt; issuance of bonds.

The town council by a majority vote is authorized to cause the town by a majority vote to incur debt and to issue bonds, notes, and other evidences of indebtedness for the purposes and in the manner set forth for towns in the Constitution of the Commonwealth of Virginia and the Public Finance Act of 1991, Chapter 5.1 (§ 15.2-2600 et seq. of Title 15.1 15.2 of the Code of Virginia of 1950, as amended), or any acts amendatory thereof or supplemental thereto.

§ 8.4. Bonds of officers and employees.

The town council may require all or any officers and employees of the town to give bond for the faithful and proper discharge of their duties. As used herein, the words "officers and employees" shall include officers and employees paid solely or partly by the town. The town may shall pay the premium on such bonds from the town funds and may provide for individual surety bonds or for a bond covering all officers and employees or any group thereof. The bond shall be payable to the town as its interest may appear in event of breach of the conditions thereof.

§ 8.6. United States government employees.

No person, otherwise eligible, shall be disqualified, by reason of his accepting or holding an office, post, trust, or emolument under the United States government, from serving as an officer or employee of the town, or as a member, officer, or employee of any board or commission.

§ 8.7. Acceptance of federal aid, contributions, etc.

The town shall have the power to receive and accept from any federal agency grants of any kind for or in aid of the construction of any project, the procuring or reserving of park land, open spaces or any recreational facility, and to do all such things or make any covenants or agreements which may be necessary or required in order to obtain and use such federal grants. The town may receive and accept aid or contributions from any source or money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made.

§ 8.10. Ordinances continued in force.

All ordinances now in force in the town of Berryville, not inconsistent with this charter, shall be and remain in force until altered, amended, or repealed by the town council.

§ 8.11. Severability of provisions.

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.

2. That §§ 5.3 and 5.4, Chapter 6 (§§ 6.1, 6.2, and 6.3), and §§ 8.2, 8.3, and 8.5 of Chapter 112 of the Acts of Assembly of 1971 are repealed.