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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 1.2, 2.2, 2.3, 3.1, 3.5, 4.1, 4.4, 4.5, 4.8 and 4.9 of Chapter 340 of the Acts of Assembly of 1974 are amended and reenacted and that Chapter 340 is amended by adding a section numbered 5.2 as follows:
§ 1.2. Boundaries.
The territory embraced within the town of Cape Charles is that territory in the
county of Northampton, Virginia, established in Chapter 367 of the Acts of the
General Assembly of 1938, pages 582-609, and that territory added by the orders
in the annexation proceedings in the Circuit Court of Northampton County,
Virginia, entered on November 13, 1957, and recorded in the Common Law Order
Book 19, at pages 107-108 in the Clerk’s Office of said Court, and another;
such order of annexation entered on September 24, 1965, and recorded in the Common Law Order Book 20, at
page 341, in the Clerk’s Office of said Court; and an order of annexation
entered on November 21, 1991, and recorded in the Civil Common Law Order Book, at page
619, in the Clerk's Office of said Court.
§ 2.2. Adoption of Certain Sections of Code of Virginia.
The powers set forth in §§ 15.1-837 through 15.2-907, both inclusive of Chapter
18 of Title 15.1 Article 1 (§ 15.2-1100 et seq.) of Chapter 11 of Title 15.2 of
the Code of Virginia, as in force on January 1, 1974 2002, and as may hereafter
be amended, are hereby conferred on and vested in the town.
§ 2.3. Eminent Domain.
The powers of eminent domain set forth in Title 15.1 15.2,; Chapter 1.1 (§
25-46.1 et seq.) of Title 25, Chapter 1.1; and § 33.1-121 of the Code of
Virginia, as amended, and all acts amendatory thereof and supplemental thereto, mutatis mutandis, are hereby
conferred upon the town, subject to the provisions of § 25-233.
(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. 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 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 certificates shall have the same effect as certificates issued
by the State Highway Commissioner, under the aforesaid laws, and may be issued
in any case in which the town proposes to acquire property of any kind by the
exercise of its powers of eminent domain for streets, water, sewers, and
related matters, whether within or without the town.
(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 certificates 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.
§ 3.1. Election, Qualification and Term of Office of Councilmen and Mayor.
(a) The town of Cape Charles shall be governed by a town council composed of six councilmen and a mayor, all of whom shall be qualified voters of the town to be elected from the town at large.
(b) The mayor and councilmen in office at the time of the passage of this act
shall continue in office until their successors are elected and qualified. An
election for mayor and councilmen shall be held on the first Tuesday in May,
1974 2002, for a period of two years. Thereafter, there shall be an
election on the first Tuesday in May of each even-numbered year. Those elected
shall take office on the first day of the succeeding July for a term of two
years. The mayor so elected shall serve a term of four years with subsequent
mayoral elections to be held at four-year intervals thereafter. In order to
provide for staggered terms of council members, the three candidates elected
receiving the highest number of votes shall serve a term of four years. The
three candidates so elected receiving the next highest number of votes shall
serve a term of two years. Thereafter, there shall be an election on the first
Tuesday in May of each even-numbered year at which three council members shall
be elected to serve terms of four years. Terms of office for mayor and council
members shall begin on the first day of July next following their election.
§ 3.5. Powers and Duties of Mayor.
The mayor shall be the chief executive officer of the town. He shall have and
exercise all power 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 same right to speak therein as members of the council, but shall not
vote except in the case of a tie vote. He shall have the power of veto over
the ordinances and resolutions of the council, but such ordinances and
resolutions may be passed over such veto by a two-thirds vote of the members of
the town council present and voting. He shall be recognized as the head of the
town government for all ceremonial purposes. He 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. The police force of the town shall be under the control of the
mayor, or the town manager as may be designated by the town council, for the purpose
of enforcing peace and good order and executing the laws of the State and the
ordinances of the town. He, or the person acting as mayor, may deputize such
assistant policemen as may be necessary; shall authenticate by his signature, such
documents or instruments as the council, this Charter or the laws of the Commonwealth
shall require.
§ 4.1. Appointment.
The town council may appoint such officers of the town as they deem necessary.
Such officers may include, but shall not be limited to, a town manager, a town
clerk, a town attorney, a town treasurer, a town sergeant chief of police and
special police officers. 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 laws of the Commonwealth, or by the town
council.
§ 4.4. 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 such limitations as are set forth in the Constitution of Virginia and Title 15.2 of the Code of Virginia, as amended from time to time.
§ 4.5. Qualifications and Duties of the Town Manager.
The town manager shall be the executive officer of the town, and shall be responsible to the town council for the proper administration of the town government. It shall be the duty of the town manager to:
(a) Attend all meeting 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 of the town council and be responsible for its administration after its adoption.
(d) Prepare in suitable form for publication and submit to the town council at the next regular meeting following the end of each fiscal year, a concise, comprehensive report of the financial transactions and administrative activities of the town government during the immediately preceding fiscal year.
(e) Present adequate financial and activity reports as required by the town council.
(f) Arrange for an annual audit by a certified public accountant, the selection of whom shall be approved by the town council.
(g) Perform such other duties as may be prescribed by this Charter, or required of him in accordance therewith by the 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 manager, who shall report each appointment or removal to the town council at the next meeting thereof following any such appointment or removal. The town council shall designate by ordinance a person to act as town manager in the case of the absence, incapacity, death or resignation of the town manager, until his return to duty or the appointment of his successor. Until such time as the town council appoints any such town manager, the duties and powers outlined herein shall be given the mayor, or such other person as may be designated by the town council. All employees and officers of the town, including those appointed by the town council, shall be under the management, control and supervision of the town manager.
§ 4.8. Duties of the Town Treasurer.
The town treasurer shall collect the town taxes and licenses, and shall have
the power to levy and sell for collection as given to county treasurers. given
to county treasurers. The town treasurer shall work cooperatively with the
town manager to provide full financial disclosure and reporting as requested by the town
council. The town treasurer shall perform such other duties, not inconsistent
with his office, as the town council or town manager may direct.
§ 4.9. Powers and Duties of the Chief of Police and Special Policemen.
The sergeant of the town chief of police shall be a conservator of the peace,
and vested with the full powers of a constable within the limits of the town. He, and any special
police officers, who may be appointed by the mayor with the advice and consent of a majority of the
members of the town council, shall have all the powers given to special police
officers under the laws of the Commonwealth. The police force of the town
shall be under the control of the chief of police for the purpose of enforcing peace
and good order and executing the laws of the Commonwealth and all the ordinances of
the town. He shall assist the treasurer in the collection of town taxes, and
may distrain and sell therefor in like manner for which State taxes and county levies
are distrained.
§ 5.2. Other Revenue-Generating Activity.
The town council shall have the power to engage in other revenue-generating activities to any extent not prohibited by the laws of the Commonwealth.
2. That § 6.1 of Chapter 340 of the Acts of Assembly of 1974 is repealed.
3. That an emergency exists and this act is in force from its passage.