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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 1.2, 2.2, 7.2, 7.3, 7.4, 7.6, and 7.7 of Chapter 472 of the Acts of Assembly of 1970 are amended and reenacted as follows:
§ 1.2. Boundaries.
The territory embraced within the Town of Narrows is that
territory in the County of Giles, Virginia, described as follows, to wit:
in a recordation in the Clerk's Office of the court where deeds are filed.
Beginning at a U.S. Coast and Geodetic Station, a brass
pin imbedded in concrete on top of a small cliff, said point located in the
East corporate limit line 2040 S 4° 20 W from the South bank of New River,
thence from said beginning S 53° 46 W 1463 to a stake at the southeast corner
of the Reservoir lot, thence S 75° 46 W 1178.3 to a stake near a Maple tree,
thence N 61° 12 W 1916.6 to a stake in the original corporate line; thence
with the same, S 86° 08 W 805 to a point on the bluff on the south side of
Wolf Creek, thence N 42° 07 W 473.2 crossing Monroe Street (old Rt. 61) and
Wolf Creek to a point in the north bank of creek at the Narrows Park, thence
with the north bank of said Wolf Creek, S 15° 36 W 68.4, thence S 21° 47 W
93.4, thence S 32° 33 W 303.3; thence S 45° 29 W 431.7, thence S 58° 20 W
324.1, thence N 78° 47 W 429.8 to an iron pin at a twin Elm, the west end of
the park, thence leaving the said creek N 5° 18 W 108.4 to an iron pipe
corner in the south line of Orchard Hills subdivision and in the north line
of the Wolf Creek road, thence with the said subdivision and the north line of
the secondary road as follows, N 88° 08 W 194.8, thence N 66° 46 W 160.7;
thence N 65° 49 W 78.68; thence N 70° 36 W 211.5, thence S 62° 39 W
121.4, thence S 83° 51 W 98.5, thence N 89° 47 W 135.21, thence N 87° 33
W 95.58, thence S 84° 30 W 242.4, thence N 85° 51 W 86.0, thence leaving
the State secondary road and with the west line of said subdivision N 41° 14 E
2355.4, (passing the N. West corner of Orchard Hills Subdivision at 1989.6)
to the original southwest corporate corner, thence with the original line, N
46° 49 E 2103.7 to a concrete marker on top of the hill, thence N 89° 04 E
1482 to a cross chiseled in the east edge of the southeast abutment of the
bridge across Wolf Creek, (Road No. 649), thence N 28 ° 17 E 340 to a point
8 east of the southeast abutment of the N. and W. Main line bridge over Wolf
Creek, thence N 19° 44 E 4065 down and across New River to the old Virginian
Railway Catenary pole No. W 21 N, thence S 86° 40 E 1585.9 a point in the
back line of Highland Park Subdivision, thence S 87° 56 E 209 to a point,
thence continuing with the back lot lines of said subdivision S 30° 47 E
562.5 to a concrete monument thence S 2° 12 W 35, thence leaving the said
subdivision S 73° 30 E 125.3 to a concrete monument then down the hollow S
12° 36 W 124.3 to a concrete monument, thence S 3° 59 W 90.4 to a concrete
monument, thence S 1° 41 E 340.5 to a concrete monument, thence S 43° 46 E
193.2 to a concrete monument, thence S 17° 12 E 358.9 to a concrete monument,
thence S 42° 25 E 378.1 to a concrete monument, thence S 55° 20 E 188.9 to
a concrete monument thence S 39° 21 E 825.23 (crossing highway No. 460 at
384) to a stake at the water edge of New River, (North Side) thence down
stream along the water edge S 49° 45 W 1681.0 to a stake, thence S 59° 59 W
718.4 to a stake, thence S 26° 05 W 606 crossing the New River to a point at
the discharge end of a small drain, thence S 4° 20 W 2040 to the beginning
containing 750.97 acres.
§ 2.2. Adoption of Certain Sections of Code of Virginia.
The powers set forth in §§ 15.1-837 through
15.1-907, both inclusive, of Chapter 18 of Title 15.1 15.2-1100 et seq. of
the Code of Virginia, as in force on January 1, 1968 the date of
enactment of this charter, are hereby conferred on and vested in the Town
of Narrows.
§ 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 or property alleged to have been sustained
by reason of the negligence of the town, or by 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 six months 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. However, if the claimant was under a
disability at the time the cause of action accrued, the tolling provisions of §
8.01-229 of the Code of Virginia apply. No officers, agents or employees of
the town shall have authority to waive such conditions precedent or any of
them.
(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, 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 the said judgment, or any 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. United States Government Employees.
No person, otherwise eligible under the laws of the United States and the Commonwealth of Virginia, 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.
§ 7.4. Board of Zoning Appeals.
The council Circuit Court for Giles County shall
appoint a Board of Zoning Appeals, consisting of five members, none of whom
shall hold any other positions with the town, except that one may be a
member of the local planning commission, and each of whom shall be a
qualified voter of said town. Their term of office shall be for five
years each, except that original appointments shall be made for such terms that
the term of one member shall expire each year.
§ 7.6. Eminent Domain.
The powers of eminent domain set forth in Title 15.1 15.2;
Title 25 25.1, Chapter 1.1; and Title 33 33.1,
Chapter 1, Article 7 of the Code of Virginia, as amended, and all acts
amendatory thereof and supplemental thereto, necessary changes having been
made, are hereby conferred upon the Town of Narrows, provided, however, that
the provisions of § 25-233 25.1-102 or any other applicable
section of the Code of 1950, as amended, shall apply as to any property owned
by a corporation possessing the power of eminent domain that may be sought to
be taken by condemnation under the provisions of this act.
(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 §§ 33-70.3 to
33-70.11 33.1-121 to 33.1-129, inclusive, 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 clerk. Such
certificate 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 acquisition of lands, easements or related
interests in property necessary for streets, water, sewer or utility pipes or
lines and/or conduits, or related facilities, whether within or without the
town.
(c) In addition to the powers conferred by the aforesaid laws, such certificates may be amended or cancelled 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 funds 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.
§ 7.7. Disclosure of Interest.
The town council is hereby empowered to enact a conflict of interest and disclosure ordinance, in conformity with § 2.2-3100 et seq., §§ 15.2-852, 15.2-2287, and 15.2-2289 of the Code of Virginia to govern elected and/or appointed town officials not inconsistent with the general law.
2. That Chapter 472 of the Acts of Assembly of 1970 is amended by repealing sections numbered 6.1 through 6.4.