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2007 SESSION
075206220Be it enacted by the General Assembly of Virginia:
1. That § 2, § 7, as amended, § 13, and § 20, as amended, of Chapter 229 of the Acts of Assembly of 1948 are amended and reenacted, and that Chapter 229 of the Acts of Assembly of 1948 is amended by adding a section numbered 8.1 as follows:
§ 2. The corporate limits and boundaries of the Town of
Stephens City (formerly called Newtown and Stephensburg), within Frederick County, Virginia, shall remain as they now
are and have heretofore been established by law, shall be called and constitute
the Town of Stephens City be as presently
established, subject to boundary adjustment as appropriate and either agreed
upon by Frederick County or by court order.
§ 7. There shall be elected by the council at its
election, or as As soon as practicable thereafter following the election of the
council, the
council shall appoint a treasurer, a recorder
or clerk of the council, and a town
sergeant, town attorney, and
town managerand may elect a town assessor, whose
terms of office shall be coequal with the time the council appointing same
them shall continue in office, unless
sooner removed as provided by this charter or any ordinance of the town. The
salaries and compensation to be paid such officers, together
with their duties, shall be fixed by the council. The
council may appoint or elect such other officers as may be
necessary or desirable for the best interests of the town. All
officers (except town attorney) shall be residents of the town or of the County
of Frederick and shall have resided therein as least three months prior to
their election or appointment.
§ 8.1. The Frederick County District Courts shall hear and determine charges of violations of town ordinances. Fines collected for violations of town ordinances shall be paid promptly into the treasury of the town.
§ 13. The mayor may appoint special policemen a
chief of police, who may also serve as town sergeant, and through the office of
the mayor may appoint additional police officers when in his
judgment it is best for the peace and good government of the town. The mayor
may, at any time that the welfare and peace of the town require it, direct the
police force of the town in the performance of any of its special or regular
duties or may delegate this to the town manager.
§ 20. In addition to the
right of the town under the general law to negotiate temporary loans and
thereby anticipate its income for and during any year, the council, in the name
of and for the use of the Town of Stephens City, may contract loans, incur
debts and cause certificates of debt or bonds to be issued whenever two-thirds
of its members, by a recorded vote, decide that such course is in the best
interest of the town and necessary in the acquirement and establishment of some
needed public improvement or utility, but such council may borrow money in such
manner and for such purposes only to the extent and subject to the provisions
prescribed by the Constitution and laws of Virginia. The council shall not
have the power to issue any bonds or certificate of debt except such as are to
be paid and discharged within one year from date of issue out of the regular
income of the town until it shall have first submitted to the qualified voters
of the town whether or not such bonds shall be issued and the majority of the
qualified voters voting at any election held for such purpose have voted for
such issue. Such election shall be held in the manner prescribed and under the
provisions of the general laws of the State of Virginia. Any bonds which may
be issued under this act may be either registered or coupon bonds and the
purposes for which the bonds are issued shall be clearly set forth therein.
They shall be issued in such denominations and bear such rate of interest as
may be determined by the council and permitted by law. They shall be made payable
at such time as the council may prescribe, not exceeding thirty years from
their date, and may at the option of the council be made redeemable after such
time and in such amounts as the council may prescribe. The interest thereon
may be made payable at such place as the council may designate, either annually
or semiannually. All bonds issued under this act shall be signed by the mayor
and countersigned by the clerk of the council with the seal of the town
attached. They shall be sold in such manner as the council may prescribe and
the proceeds from such sale used and expended under the orders of the council.
The Council may negotiate temporary loans for
amounts not exceeding 10 percent of the previous year's total budget revenue
and not to exceed a five-year term, whenever two-thirds of its members, by a
recorded vote, decide that such course is in the best interest of the town and
necessary for the acquirement and
establishment of some needed public improvement or utility.
For any amount of debt greater than 10 percent of the previous year's total budget revenue or for a term greater than five years, or for bonding, the council must first submit to the qualified voters of the town the question of whether or not such debt or bonding shall be incurred, and the majority of the qualified voters voting at any election held for such purpose shall have voted for such question. Such election shall be held in the manner prescribed and under the provisions of the general laws of the Commonwealth of Virginia. Any bonds issued under this section may be either registered or coupon bonds, and the purposes for which the bonds are issued shall be clearly set forth. The council shall have the discretion in determining the bonding denominations, interest rate, time payable, term, issuance, and sale and shall have the discretion to allow for redemption without penalty.