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2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.01, as amended, § 2.02, § 3.01, as amended, § 3.02, §§ 3.03, 3.05, and 3.06, as severally amended, §§ 3.07, 4.02, and 4.03, §§ 5.02 and 5.03, as severally amended, §§ 5.04 and 9.01, § 14.01, as amended, and §§ 15.01, 15.02, 16.01, 17.01, 17.02, 17.03, 18.01, 20.01, 20.02, 21.01, 21.03 through 21.07, 21.13, and 21.14 of Chapter 562 of the Acts of Assembly of 1954 are amended and reenacted as follows:
§ 2.01. In addition to the powers mentioned in § 1.01, the said city shall have power:
(1) To raise annually by taxes and assessments in said city on
all subjects the taxation of which by cities is not forbidden by general law,
such sums of money as the council herein provided for shall deem necessary for
the purpose of said city, and in such manner as said council shall deem
expedient, in accordance with the Constitution and laws of this Commonwealth
and of the United States; provided, however, that said tax for general city
purposes shall not exceed the sum of $4.50 on the $100.00 of assessed value of
real and personal property subject to taxation by the city. In
addition to the tax for general city purposes the Council may levy a tax for
the operation and maintenance of its schools.
(2) The city council may levy a tax or a license on any person, firm, or corporation conducting any business, employment or profession whatsoever in the city, except when expressly prohibited by general law, whether a license may be required therefor by the Commonwealth or not, and may not exceed the state license, if any be required; to levy and collect taxes for admission to or other charges for any public amusement, entertainment, performance, exhibition, sports or athletic event in the city which taxes may be added to and collected with the price of such admission or other charges.
(3) The council may require of owners of motor vehicles, trailers and semitrailers, residing in, or having a place of business in the city in which business the said motor vehicle is used, licenses for the privilege of operating such vehicles in the city, such licenses to be issued and the fees therefor fixed by the council, provided that the license shall not exceed the amount charged by the Commonwealth on the said vehicle.
(4) All goods and chattels wheresoever found, may be distrained and sold for taxes assessed and due thereon, and no deed of trust or mortgage upon goods and chattels shall prevent the same from being distrained and sold for taxes.
(5) There shall be a lien on real estate for the city taxes as assessed thereon from the commencement of the year for which they were assessed. The council may require real estate in the city delinquent for the nonpayment of city taxes to be sold for said taxes, with interest thereon at the maximum rate allowed by state law, and such percent as the council may prescribe for charges. Such real estate may be sold and may be redeemed in the manner provided by law; provided that at any such sale where no person bids the amount chargeable on any such real estate, it shall be lawful for the director of finance to purchase the same for the benefit of the city upon the same terms and conditions prescribed by general law, for the purchase of delinquent real estate by the treasurer for the benefit of a city.
(6) To impose special or local assessments for local improvements and enforce payment thereof, subject, however, to limitations prescribed by the Constitution of Virginia, as may be in force at the time of the imposition of such special or local assessments.
(7) To contract debts, borrow money and make and issue evidence of indebtedness.
(8) To expend the money of the city for all lawful purposes.
(9) To acquire by purchase, gift, devise, condemnation or otherwise, property, real or personal, or any estate or interest therein, within the city and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any other part thereof.
(10) To acquire or lease by purchase, gift or devise for
municipal purposes or for the purpose of encouraging commerce and manufacture,
lands within and without the city not exceeding at any one time 5,000 acres
in the aggregate, and may from time to time sell or lease the same or any
part thereof for all lawful purposes.
(11) To make and maintain public improvements of all kinds, including municipal and other public buildings, airports, armories, markets, municipal off-street parking stations, swimming pools, libraries, hospitals, comfort stations or rest rooms and all buildings and structures necessary or appropriate for the use of the departments of fire and police; and to establish a market or markets in and for said city for the sale of food-stuffs, to appoint proper officers therefor; to prescribe the time and place for holding the same; to provide suitable buildings and grounds therefor and to make and enforce such rules and regulations as shall be necessary to restrain and prevent huckstering, forestalling and regrating, and for the purpose of regulating and controlling the sale of fresh meats, seafood, farm and domestic products and all perishable goods in said city; by such methods, the council shall also have authority to confine the sale of such articles or products by hucksters, peddlers, or other similar tradesmen to the public markets and public squares provided by the city for that purpose, and shall have full authority to regulate the same.
(12) To furnish all local public services, to purchase, hire, construct, own, lease, maintain and operate local public utilities, to acquire by condemnation or otherwise within or without the corporate limits, lands and property necessary for any such purposes.
(13) To own, operate and maintain electric light and/or gas works, either within or without the corporate limits of the said city for the generating of electricity and/or the supplying of gas for illuminating power and other purposes, and to supply the same whether said gas and/or electricity be generated or purchased by said city, to its customers and consumers both at such price and upon such terms as it may prescribe, and to that end it may contract with owners of land and water power for the use thereof, or may have the same condemned, and to purchase such electricity and/or gas from the owners thereof, and to furnish the same to its customers and consumers, both within and without the corporate limits of the said city at such price and on such terms as it may prescribe.
(14) To establish, impose and enforce water, light and sewerage rates and rates and charges for public utilities, or other service, products or conveniences, operated, rendered or furnished by the city; and to assess, or cause to be assessed, water, light and sewerage rates and charges against the proper tenant or tenants or such persons, firms, or corporations as may be legally liable therefor; and the council may by ordinance require a deposit of such reasonable amount as it may by such ordinance prescribe, before furnishing any of said services to any person, firm or corporation, but nothing herein shall be construed as conferring upon said council authority to regulate rates and charges of public utilities which are subject to the jurisdiction of the State Corporation Commission.
(15) Subject to the provisions of the Constitution of Virginia to grant franchises for public utilities.
(16) To acquire in the manner provided by the general laws any
existing water, gas or electric plant, works or system, or any part
thereof. Any public utility owned or operated by the City of Galax,
whether it be water, gas, electric plant or otherwise shall not be sold until
the same shall have been first submitted to the qualified voters of the city
at a general or special election and shall have been approved by two-thirds of
such voters voting on the question of such sale, which two-thirds shall include
the majority of qualified registered voters owning real estate in said city and
voting in such election on such sale approved as required by law.
(17) To establish, open, widen, extend, grade, improve, construct, maintain, light, sprinkle and clean, public highways, streets, alleys, boulevards and parkways, and to alter, or close the same; to establish and maintain public parks, playgrounds and other public grounds; to construct, maintain and operate public bridges, viaducts, subways, tunnels, sewers and drains, and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees along the streets and upon such public grounds; to prevent the obstruction of such streets, drains and highways; to regulate the operation and speed of all locomotives, cars, and vehicles using the streets or railroads within the city; to regulate the services to be rendered and rates to be charged by public buses, motor cars, taxicabs and other public vehicles used for hauling passengers and baggage for hire, except when prohibited by the State Corporation Commission of Virginia, or the Interstate Commerce Commission; to require any telephone and telegraph wires and cables carrying electricity, data or television to be placed in conduits under ground and to prescribe rules and regulations for the construction and use of such conduits; and to do all other lawful things whatsoever adapted to make said streets and highways safe, convenient and attractive.
(18) To construct and maintain, or aid in constructing and maintaining, public roads, boulevards, parkways and bridges beyond the limits of the city, in order to facilitate public travel to and from said city and any property owned by said city and situated beyond the corporate limits thereof, and to acquire land necessary for such purposes by condemnation or otherwise.
(19) To collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals and other refuse, and to acquire and operate plants for the utilization or destruction of such materials, or any of them; or to contract for and regulate the collection and disposal thereof.
(20) To compel the abatement and removal of all public nuisances within the city or upon property owned by the city, beyond its limits; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds; to regulate or prevent slaughter houses or other noisome or offensive business within said city, the keeping of animals, poultry or other fowls therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles or materials through the streets of the city; to compel the abatement of smoke, odors and dust; to prevent unnecessary noise therein; to regulate the location of stables and the manner in which they shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city.
(21) If any ground in the said city shall be subject to be covered by stagnant water or if the owner or occupant thereof shall permit any offensive or unwholesome substance to remain or to accumulate thereon, the said council may cause such ground to be filled up, raised or drained, or may cause such substance to be covered or removed therefrom, provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners who have no agent in said city, such notice may be given by publication for not less than ten days in any newspaper published in said city or having general circulation therein.
(22) To direct or prevent the location of all buildings for storing gunpowder or other explosives or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles, and light in barns, stables and other buildings and the making of bonfires.
(23) To prevent the running at large in said city of all animals and fowls, and to regulate the keeping or raising of same within said city, and to subject the same to such levies, regulations and taxes as it may deem proper.
(24) To inspect, test, measure and weigh any commodity or article offered for human consumption or use within the city.
(25) To provide for the care, support and maintenance of
children and of sick, blind, aged, insane, or poor persons and paupers. To
have all duties, powers and authority as provided by the applicable provisions
of the Code of Virginia for political subdivisions of the Commonwealth of
Virginia, unless otherwise restricted or limited.
(26) To establish, organize and administer public schools subject to the general laws establishing a standard of education for the Commonwealth.
(27) To provide and maintain, either within or without the city, charitable, recreative, curative, corrective, detentive, or penal institutions.
(28) To provide for the preservation of the general health of
the inhabitants of said city, make regulation to secure the same, inspect all
food and foodstuffs and prevent the introduction and sale in said city of any
article or thing intended for human consumption, which is adulterated, impure
or otherwise dangerous to health, and to condemn, seize and destroy or
otherwise dispose of any such article or thing without liability to the owner
thereof; prevent the introduction or spread of contagious or infectious
diseases, and prevent and suppress diseases generally; to provide and regulate
hospitals within or without the city limits, and to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals provided
for them,; to provide for the organization of a department of
health, to have the powers of a board of health, for said city, with the
authority necessary for the prompt and efficient performance of its duties,
with power to invest any or all the officials or employees of such department
of health with such powers as the police officers of the city have; to
establish a quarantine ground within the city limits and one mile thereof
outside the city and such quarantine regulations against infectious and contagious
diseases as the said council may see fit, subject to the laws of the
Commonwealth and the United States; to provide and keep records of vital
statistics and compel the return of all births, deaths and other information
necessary thereto.
(29) To acquire by purchase, gift, devise, condemnation or otherwise lands, either within or without the city, to be used, kept and improved as a place for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof; and generally to regulate the burial and disposition of the dead.
(30) To exercise full police powers and establish and maintain a department or division of police.
(31) To create, regulate and maintain a fire department for the city and to prescribe the duties of said department and its officers.
(32) For the purpose of guarding against the calamities of fires, the city council may, from time to time, designate such portions and parts of the city as it deems proper within which inflammable buildings may not be erected. It may prohibit the erection of wooden buildings or buildings of inflammable material in any portion of the city without its permission, and may provide for the removal of such buildings or additions which shall be erected contrary to such prohibitions at the expense of the builder or owner thereof; or if any building in process of erection or already built appears clearly to be unsafe, the council may cause such building to be taken down, after reasonable notice to the owner; and the council may, by proper ordinance, divide the city into zones; specify the kind and character of buildings which may be erected in the different zones; provide for the disposition of garbage and waste; provide precautionary measures against danger from fires; provide for the removal of buildings or structures of any kind, erected in violation of ordinances, at the expense of the builder or owner; and may do all other things lawful to be done, looking to the health and safety of the inhabitants of the city.
(33) The city council shall not take or use any private property for streets or other public purposes without making the owner thereof just compensation for the same; but in cases where the council cannot by agreement obtain title to the ground for such purposes the council may exercise the power of eminent domain, as provided by law.
(34) In every case where a street in said city has been, or shall be, encroached upon by any fence, building or otherwise, the council may require the owner to remove the same, and if such removal be not made within the time prescribed by the council, it may impose such penalty as it deems proper for each and every day it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with costs by the same process that council is hereinafter empowered to collect taxes.
Except, in case where there is a bona fide dispute as to the true boundary line or the location of the true street line (and if such passage over such street is not seriously impeded) the same shall be first established and determined by an adjudication of a court of competent jurisdiction in a proceeding instituted by the said city or the property owner for that purpose before the said city shall take any steps to remove the said obstruction or encroachment, or to impose any penalty therefor. No encroachment upon any street, however long continued, shall constitute any adverse possession to or confer any rights upon the persons claiming thereunder as against the said city.
(35) Dedication of any street, alley or lane in said city may be made by plat or deed. Any street or alley reserved in the division or subdivision into lots of any portion of the territory within the corporate limits of said city, by a plan or plot of record, shall be deemed and held to be dedicated to public use, unless it appears by said record that the street or alley so reserved is designated for private use. The council shall have the right to elect by resolution entered on its minutes, whether it will or will not accept the dedication of any street or alley.
(36) To do all things whatsoever necessary or expedient for promoting or maintaining the general welfare, comfort, education, morals, peace, government, health, trade, commerce or industries of the city or its inhabitants.
(37) To establish a system of pensions for injured, retired or superannuated city officers and employees, members of the police and fire departments, teachers and other employees of the school board, and to establish a fund or funds for the payment of such pensions by making appropriations out of the treasury of the city, by levying a special tax for the benefit of such fund or funds, by requiring contributions payable from time to time from such officers or employees, or by any combination of these methods, or by any other method not prohibited by law, provided that the total annual payments into such fund or funds shall be sufficient on sound actuarial principles to provide for the pensions to be paid therefrom, and provided further that the benefits accrued or accruing to any person under such system shall not be subject to execution, levy, attachment, garnishment or any other process whatsoever, nor shall any assignment of such benefits be enforceable in any court.
(38) To acquire, lease, construct, own, maintain and operate places for the parking or storage of vehicles by the public, when in the opinion of the council they are necessary to relieve congestion in the use of streets and to reduce hazards incident to such use, provide for their management and control; authorize or permit others to use, operate or maintain such places, pursuant to lease or agreement, upon such terms and conditions as the council may determine by ordinance; and charge or authorize the charging of compensation for the parking or storage of vehicles or other services at such places.
(39) [Repealed.]
(40) [Repealed.]
(41) To make and enforce all ordinances, rules and
regulations necessary or expedient for the purpose of carrying into effect the
powers conferred by this charter or by any general law, and to provide and
impose suitable penalties for the violation of such ordinances, rules and
regulations, or any of them, by fine not exceeding $2,500 or confinement
imprisonment not exceeding twelve months, or both, provided that
such penalties shall not exceed any penalties established by the Commonwealth
for similar offenses. The city may maintain a suit notwithstanding such
ordinance may provide punishment for its violation. Upon conviction for
violation of any ordinance, the court trying the case may require bond of the
person so convicted with proper security in the penalty of not more than
$2,500 as provided by law conditioned to keep the peace and be of
good behavior and especially for the period of not more than one year
not to violate the ordinance for the breach of which he or she has been
convicted. From any fine and confinement imposed an appeal shall lie as
in cases of misdemeanor. The enumeration of particular powers in this
charter shall not be deemed or held to be exclusive, but in addition to the
powers enumerated herein or implied thereby, or appropriate to the exercise
thereof, the said city shall have and may exercise all other powers which are
now or may hereafter be possessed or enjoyed by cities under the Constitution
and general laws of this Commonwealth not inconsistent with this charter.
§ 2.02. In the exercise of the power of eminent domain
conferred by the preceding section, the city shall have and may exercise all
the powers conferred upon the State Highway Commissioner by Article 5 of
Chapter 1 of Title 33 of the Code of Virginia; provided, that the
certificate provided for by § 33-74 of the Code of Virginia shall
be issued by the city manager and countersigned by the director of finance of
the city; and, provided further that the applicable provisions of §
25-233 of the Code of Virginia shall apply 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 section.
§ 3.01. Composition of Council; Vacancies.
The mayor and councilmen in office at the time of the
transition of the Town of Galax to a city, and as now constituted, shall
continue in office as mayor and councilmen of the city, with the same powers
and duties, until their present terms of office to which they were elected
expire. On and after September 1, 1954, the The council shall
consist of seven members. All councilmen shall be residents of the city
and qualified to vote, and shall be elected at large, and each shall serve for
a term of four years. On the first Tuesday in May, 1974, and on said day
each four years thereafter, four councilmen shall be elected, each of whom
shall serve for a term of four years, from the July 1 next following the date
of their election until their successor shall have been elected and qualified.
On the first Tuesday in May, 1976, and on said day each four years
thereafter, three councilmen shall be elected, each of whom shall serve for a
term of four years from the July 1 next following the date of their election
until their successor shall have been elected and qualified.
The council shall be a continuing body, and no measure pending
before such body shall abate or be discontinued by reason of the expiration of
the term of office or removal of the members of said body, or any of
them. Vacancies in the council shall be filled within thirty days, for
the unexpired term, by a majority vote of the remaining members as
provided by law.
§ 3.02. Organization; Rules of the Council.
(1) The council shall meet at such times as it may prescribe
by ordinance or resolution, except that it shall regularly meet not less than
once each month. The mayor, and any member of the council, or any two
members of the council, or the city manager and any councilman, may call
special meetings of the council, at any time after at least twelve hours' upon
written notice, with the purpose of said meeting stated therein, to each
member served personally or left at his usual place of business or residence
as provided by law; or such meeting may be held at any time without
notice, provided all members of the council attend and vote unanimously on
all matters acted upon. No business other than that mentioned in the call
shall be considered at such meetings.
(2) The council may appoint all such other boards and
commissions as may be deemed proper, and prescribe the powers and duties
thereof. The council may determine its own rules of procedure, may punish
its own members for misconduct in office and may compel attendance of
members. It shall keep a journal of its proceedings. A majority of
all members of the Council shall constitute a quorum to do business, but no
resolution or ordinance shall be adopted except by affirmative vote of a
majority of all members elected to the council, but a smaller number may
adjourn from time to time and compel the attendance of absentees. All
elections votes by the council shall be viva voce and the vote recorded
in the journal of the council with the name of the member voting and how he
voted. No vote or question decided at a regular meeting shall be
reconsidered at a special meeting unless all members are present and four of
them concur.
§ 3.03. Compensation of Council.
The Compensation to be paid to each council member shall be fixed by a majority vote of all members elected to the council subject to the procedures and limitations as provided by law.
§ 3.05. Mayor.
At its first regular meeting in July, 1974, and at its
first regular meeting in July of every second year thereafter, or if such day
shall fall on Sunday or a legal holiday then on the next following business
day, the At its first regular meeting every second year, the council
shall proceed to choose by majority vote of all the members thereof one of
their number to be mayor and one to be vice-mayor for the ensuing two
years. The mayor shall preside over the meetings of the council and shall
have the same right to vote and speak therein as other members, but shall have
no veto power. He shall be recognized as the head of the city government
for all ceremonial purposes, the purposes of military law and the service of
civil process. The vice-mayor shall, in the absence or disability of the mayor,
perform the duties of mayor, and if a vacancy shall occur in the office of
mayor the vice-mayor shall become mayor for the unexpired portion of the
term. In the absence or disability of both the mayor and vice-mayor, the
council shall, by majority vote of those present, choose one of their number to
perform the duties of mayor. In addition to his salary as councilman, the
mayor may shall be paid a further compensation, such
additional compensation not to exceed the sum of $250.00 per annum subject
to the procedures and limitations as provided by law.
§ 3.06. City Clerk.
The council shall elect at its first regular meeting in
July, 1974, or as soon thereafter as is reasonably convenient, and every four
years thereafter, a city clerk, whose term shall begin August 1,
following his election who shall serve at the pleasure of council.
He shall be the clerk of the council, shall keep the journal of its proceedings
and shall record all ordinances in a book kept for the purpose. He shall
be the custodian of the corporate seal of the city and shall be the officer
authorized to use and authenticate it. The said clerk, or his
assistant, shall be the registrar of voters of the city. He may be clerk
of the civil and police court, unless otherwise provided by the council.
All records in his office shall be public records and open to inspection at any
time during regular business hours. He shall receive compensation to be
fixed by the council. The said clerk is authorized to appoint such
assistants as the council may authorize who shall be authorized to act as city
clerk in the absence or disability of the city clerk.
§ 3.07. Ordinances and Resolutions.
Except in dealing with questions of parliamentary procedure,
the council shall act only by ordinance or resolution, and all ordinances,
except ordinances making appropriations, or authorizing the contracting of
indebtedness or issuance of bonds or other evidence of debt, shall be confined
to one subject, which shall be clearly expressed in the title. Ordinances
making appropriations or other obligations and appropriating the money to be
raised thereby shall be confined to those subjects respectively. The
enacting clause of all ordinances passed by the council shall be:
"Be it ordained by the council of the City of Galax." No
ordinance, unless it be an emergency measure, shall be passed until it has
been read at two regular meetings not less than seven days apart, unless the requirement
of such reading has been dispensed with by the affirmative vote of four of the
members of the council. No ordinance or section thereof shall be revised
or amended by its title or section only, but the new ordinances shall contain
the entire ordinance or section as revised or amended. a public
hearing has been held to consider such ordinance and notice of intent to adopt
such ordinance has been advertised at least once, no less than seven days prior
to the public hearing thereon. Emergency ordinances may be adopted
without public hearing but shall be effective for 60 days unless subsequently
adopted after advertisement and public hearing. The ayes and nays
shall be taken upon the passage of all ordinances or resolutions and entered
upon the journal of the proceedings of the council and every ordinance or
resolution shall require, on final passage, the affirmative vote of at least
four of its members. All ordinances and resolutions passed by the
council shall be in effect from and after thirty days from the date of their
passage, except that the council may, by the affirmative vote of two-thirds of
its members present, pass emergency measures to take effect at the time
indicated therein. Ordinances appropriating money for any emergency
may be passed as emergency measures, but no measure providing for the sale or
lease of city property, or making a grant, renewal, or extension of a franchise
or other special privilege or regulating the rate to be charged for its
services by any public utility, shall be so passed as an emergency
measure. Every ordinance or resolution upon its final passage shall be
recorded in a book kept for the purpose, and shall be authenticated by the
signature of the presiding officer and the clerk of the council. Every
member, when present, when a question is put, shall vote unless excused by the
council. But no member who has any personal or financial interest in the
result of any ordinance or resolution before the council shall vote
thereon. All ordinances and resolutions of the council may be read in
evidence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from a copy thereof certified by the clerk
or from the volume of ordinances printed by authority of the council. The
council may, at any time, have a codification or revision of all ordinances in
force at the time, which codification can be passed by the council as a single
ordinance and without prior publication, which codification shall be known and
cited officially as the city code.
§ 4.02. Responsible to Council; Appointment and Removal of Employees.
The city manager shall be responsible to the council for the
proper administration of all affairs of the city placed in his charge, and to
that end, except as otherwise provided herein, he shall have the power to
appoint, discipline and remove all officers and employees in the administrative
service of the city, other than elective officials, but the manager may
authorize the head of a department or office responsible to him to appoint and
remove subordinates in such department or office, but he shall report each
appointment of any officer having supervisory or administrative authority to
the council for confirmation at the next meeting thereof following any such
appointment. The chief of police so appointed by the city manager and
confirmed by the council shall have the power to discipline his subordinates,
and with the approval of the city manager, to discharge any subordinate for
just cause. Appointments made by, or under the authority of, the city
manager shall be on the basis of executive and administrative ability and of
the training and experience of such appointees in the work which they are to
perform. Officers and employees appointed by the city manager, or under
his authorization, may be removed by him, or by the officer by whom appointed,
at any time. The decision of the city manager, or other officer, in any
such case, removing an officer or employee of the city shall be final, subject
to review by the council.
§ 4.03. Powers and Duties.
It shall be the duty of the city manager to act as chief
conservator of the peace within the city; to supervise the administration
of the affairs of the city; to see that the ordinances of the city and the laws
of the State are enforced; to make such recommendations to the council
concerning the affairs of the city as may seem to him desirable; to keep the
council advised of the financial conditions and future needs of the city; to
prepare and submit to the council the annual budget estimate; to prepare and
submit to the council such reports as may be required by that body; to serve
as the chief personnel officer of the city; and to perform such other
duties as may be prescribed by this charter or required of him by the council.
§ 5.02. Number and Qualification.
The school board shall consist of five trustees members
who shall be qualified voters of the city and not members of the city
council.
§ 5.03. Appointment and terms of members.
At its first meeting after this charter as amended becomes
effective, the council shall elect in addition to the three trustees now
serving, two additional trustees, one for a term expiring December 31, 1969,
and the other for a term expiring December 31, 1970. At its first regular
meeting in September, 1968, the council shall appoint one trustee for a term of
three years and at its first regular meeting in September, 1969, the council
shall appoint two trustees for a term of three years and at its first regular
meeting in September, 1970, the council shall appoint two trustees for a term
of three years. The members of the Galax City School Board in
office at the time of the adoption of this act shall remain in office and have
their terms extended by six months. Each vacancy occurring thereafter
shall be filled by appointment for a term of three years. The term of
each trustee member appointed shall begin January July
1 following his election appointment. Provided, however,
the term of each trustee appointed after December 31, 1976, shall begin July 1
following his appointment by council at the first regular meeting in March of
the same year.
§ 5.04. Compensation.
The compensation to be paid to each trustee member
shall be fixed by a majority vote of the council, provided however that the
annual compensation to be paid to any trustee shall not exceed the sum of
$150.00 for his services as such., subject to any limitations imposed by
general law.
§ 9.01. Appointment; Regulations.
The police force shall be composed of a chief of police and of
such officers, patrolmen and other employees as the council may
determine. The chief of police shall have the immediate direction and
control of the said force, subject, however, to the supervision of the city
manager and to such rules, regulations and orders as the said city manager may
prescribe. The chief of police shall issue all orders, rules and
regulations for the government of the whole force. In case of the
disability of the chief of police to perform his duties by reason of sickness,
absence from the city or other cause, the city manager shall designate some
member of the police force to act as chief of police during such disability,
and the officer so designated shall serve without additional
compensation. The members of the police force shall be appointed by
and may be removed by the city manager. Each member of the said force
shall, before entering upon the duties of his office, take and subscribe an
oath that he will faithfully, without fear or favor, perform the duties of this
office, and such oath shall be filed with the clerk of the city and preserved
with the records of his office.
§ 14.01. Appointment and Qualification.
The council shall elect, at its first meeting in December,
1954, or as soon thereafter as convenient, a city attorney for a term
expiring December 31, 1956, and every two years thereafter, a city attorney,
whose term shall begin January 1, following his election who shall serve
solely at the pleasure of the council. He shall at the time of his
election have practiced law in the State of Virginia for at least three
years. He shall be the legal advisor of and attorney and counsel for the
city and the school board of the city and for all officers, and
departments thereof, in matters relating to their official duties. He shall
prosecute all suits, actions and proceedings for and on behalf of the city and
the school board of the city, and defend all suits, actions and proceedings
against the same, and shall prepare all contracts, bonds and other instruments
in writing, in which the city or the school board of the city are is
interested or concerned, and shall endorse on each his approval of the form and
correctness thereof, provided that in the case of bonds to be issued by the
city it shall be sufficient if he certify to the council his approval thereof
as to form in a separate writing, to be filed and preserved with the records of
the council. The said city attorney shall perform such other duties as
may be required of him by general law, ordinance or resolution of the
council.
§ 15.01. Election; Vacancies.
At the general election to be held on the first Tuesday
following the first Monday in November in the year 1957, and on the said
date every four years thereafter, there shall be elected by the qualified
voters of the city a commissioner of revenue and a city treasurer.
Such officers officer is to be nominated as provided in the
general laws of the Commonwealth. In case of a vacancy in the office of
commissioner of revenue or city treasurer the council, by a majority vote,
shall select a qualified person, who must be an elector of the city, to fill
the office in which such vacancy occurs for the unexpired term, such
vacancy shall be filled as provided by law.
§ 15.02. Duties of Commissioner of Revenue.
The commissioner of revenue shall perform such duties not inconsistent with the laws of the Commonwealth in relation to the assessment of property and licenses as may be required by the council for the purpose of levying city taxes and licenses. He shall have power to administer such oaths as may be required by the council in the assessment of licenses taxes and other taxes for the city. He shall make such reports in regard to the assessment of both property and licenses, or either, as may be required by the council or by the director of finance. He shall perform such other duties as may be required of him by the council and by general law.
§ 16.01. Appointment and Term.
The council shall elect at its first meeting after this
charter goes into effect confirm a director of finance for a term
expiring December 31, 1957, and at its first regular meeting in September,
1957, or as soon thereafter as is reasonably convenient, and every four years
thereafter, a director of finance for a term of four years, whose term shall
begin January 1, following his election. He shall give bond in such
sum as the council may prescribe, with surety to be approved by the council,
conditioned upon the faithful discharge of his duties in relation to the
revenue of the city, and such other official duties as may be imposed upon him
by the charter and ordinances of the city. It shall be the duty of the
director of finance to collect and receive all moneys due the city for taxes whether
current or delinquent, assessment fees or charges of every kind, except as
otherwise provided by this charter or the general laws of the Commonwealth as
the same may relate to a city. In so doing he shall have power to employ
any procedure that is now or may hereafter be prescribed by law for the
collection of state or local taxes. He shall receive all money belonging
to the city which is his duty to collect from persons, firms and corporations
owing the same to the city, or which it is the duty of other officers to
collect and pay over to him, and pay the same out as the ordinances of the city
and State law prescribe; to keep such moneys safe and account therefor and pay
all drafts and orders made in conformity with the city ordinances and State
laws.
The funds of the city shall be deposited by him in such bank or banks as the council may direct. He shall keep books showing accurately the state of his accounts and he is hereby expressly prohibited from using directly or indirectly the money of the city in his custody and any violation of this provision shall subject him to immediate removal from office. The books and accounts of the director of finance and all papers relating to accounts and transactions of the city, shall be at all times, during business hours, subject to the inspection of the city manager, the city council, the mayor and such persons as the council may appoint to examine the same and all such books and accounts, together with any balance or moneys on hand shall be transferred by the director of finance to his successor or be delivered up as the council may require. He shall render an account to the city manager and the council each month showing the state of the financial condition of the city up to the end of the previous month and the balance of money on hand, and he shall furnish such other information as the city manager or council may direct. All taxes, levies or other sums of money received by him belonging to the city shall be credited to the City of Galax. He shall perform such other duties as may be required of him by the council, and shall receive such compensation as the council may direct.
The director of finance shall have and possess all the power and authority conferred upon city treasurers by the laws of the Commonwealth in relation to the collection of levies, taxes or other debts due cities.
§ 17.01. Authority to adopt. Establishment of
City Plan.
The city council shall have authority to continue in force the
city comprehensive plan theretofore adopted by the Town City
of Galax showing the streets, highways, and parks heretofore laid out,
adopted, and established. Such city plan shall be final with
respect to the location, length, and width of such streets and highways,
and the location and dimensions of such parks. Such city plan is hereby
declared to be established for the promotion of the health, safety, and
general welfare of the city.
§ 17.02. Powers et cetera. City Planning
Commission.
The city planning commissioners shall continue in office for
the remainder of their terms and until their successors are appointed by the
council. The city planning commission shall continue to exercise such
duties, powers, and functions as it now has under the existing ordinances, or
as may be delegated to or required of said commission by the council by proper
ordinances and resolutions. The city planning commission shall be
constituted, perform the duties and functions, and otherwise be controlled by Chapter
88 of the 1934 Acts of the General Assembly the applicable provisions of
the Code of Virginia and amendments thereto, except insofar as said chapter
and amendments thereto are in conflict with this charter or the express
ordinances of the city now in force or hereafter enacted.
§ 17.03. Further Powers.
The council may at any time, after a public hearing, amend the
city plan, by widening, relocating, or closing existing streets and highways,
and by altering any existing park or by laying out new streets and highways and
establishing new parks. Before amending the city plan, the council shall refer
the proposed amendment to the city planning commission for a report thereon,
and shall not act on such amendment until a report has been received from said
commission, unless a period of thirty (30) days has elapsed after the date of
reference to the commission. Any amendment of the city plan, upon its
adoption by the council, shall be final unless changed as herein provided as to
the location, length, and width of any street and highway, and the location and
dimensions of any park. Any widening, relocating, closing, or laying out
of streets and highways proposed under the provisions of law other than those
contained in this article shall be deemed an amendment of the city plan, and
shall be subject in all respects to the provisions of this chapter. comply
with the applicable provisions of the Code of Virginia, 1950, as amended.
The city planning commission shall have such other authority and powers as may
now or hereafter be granted by the council of the City of Galax or to municipal
planning commissions by the general law.
§ 18.01. Authority of Council. Power to Pass
Zoning Ordinance.
For the purpose stated in Article 1 of Chapter 24 of Title 15 of the Code of Virginia, the city council is hereby empowered to pass zoning ordinances in conformity with the said act, as amended, subject, however, to the following modifications thereto.
(1) The zoning ordinances and set back lines as they now exist shall continue to be in full force and operation until amended or repealed by the city council.
(2) The board of zoning appeals as now constituted shall
continue in office for the remainder of their terms and until their successors
are appointed by the council. The board of zoning appeals shall consist
of five (5) members appointed by the city council for a term of three (3)
years, and insofar as not inconsistent with this charter and the existing
ordinances now in effect or hereinafter enacted, the powers, duties, authority
and procedure of Article 1 of Chapter 24 of Title 15 the applicable
provisions of the Code of Virginia shall govern. The board of zoning
appeals shall elect a secretary who shall keep a written record of proceedings
at its meetings. All official orders, decisions and permits issued by the
board shall be in writing and a copy thereof shall be delivered to the clerk's
office of the city within ten (10) days after such order, decision, or permit
is arrived at or issued.
§ 20.01. Composition.
There shall be a department of public welfare social
services which that shall consist of a superintendent of
public welfare director and such employees as may be provided by
ordinance law.
§ 20.02. Powers and Duties.
The department of public welfare social services
shall be responsible for the duties imposed by the laws of the Commonwealth
relating to public assistance and relief of the poor, and shall perform such
other powers and duties as may be assigned to the department by law or
ordinance.
§ 21.01. Vacancies in Offices.
Vacancies in any offices provided for in this charter shall be
filled by the authority and in the manner provided herein for the original
appointment or election of such officers, except as otherwise provided by this
charter by law. All officers in office as of the date of
this act shall remain in office until their current terms shall expire.
§ 21.03. Officers to Administer Oaths.
The mayor, commissioner of the revenue, clerk of
council, city treasurer, city manager, and finance officer shall
have power to administer oaths and to take and sign affidavits in the discharge
of their respective official duties.
§ 21.04. Investigations.
The council, the city manager, and any officer, board or
commission authorized by them, or either of them, shall have power to make
investigation as to city affairs, and for the purpose to subpoena witnesses,
administer oaths, and compel the production of books and papers. Any
person refusing or failing to attend, or to testify or to produce such books
and papers, may by summons issued by such board or officer be summoned before
the civil and police justice of the said city by the board or official making
such investigation, and upon failure to give satisfactory explanation of such
failure or refusal, may be fined by the civil and police justice not exceeding
$100.00 or imprisonment not exceeding thirty (30) days, and such person shall
have the right to appeal to the circuit court having jurisdiction over the
city. Any person who shall give false testimony under oath at any such
investigation shall be liable to prosecution for perjury.
§ 21.05. Action Against the City for Damages.
No action shall be maintained against the city for injury to
any person or property or for wrongful death alleged to have been sustained by
reason of the negligence of the city or of any officer, agent or employee
thereof, unless a written statement by the claimant, his agent, attorney or
representative, of the nature of the claim and of the time and place at which
the injury is alleged to have occurred to been received, shall have been filed
with the city attorney or president of council, or with the mayor, or
city manager, within sixty 60 days after such cause of action
shall have accrued, except that when the claimant is an infant or non compos
mentis, or the injured party dies within such sixty 60 days, such
statement may be filed within 120 days.
§ 21.06. Officers Not to be Be Interested
in Contracts.
No The provisions of the Virginia Conflict of
Interest Act shall apply to all officer officers or employee
employees of the city shall be interested in any contract entered
into by the city with any person, firm or corporation, but this prohibition
shall not apply to nonsalaried officers or nonsalaried members of boards and
commissions in respect of contracts other than those in the making of which
they have a part.
§ 21.07. Contractual Relationships.
The City of Galax may, at the option of the council, enter into contractual relationships with the Commonwealth and/or its departments, bureaus, boards and agencies, neighboring political subdivisions, and private agencies for the performance of any part of, or all of the functions, or purposes of the city, on such terms and for such periods as the council may determine to be in the public interest, where such contractual relations are not specifically prohibited by the Constitution and general laws of the Commonwealth. The applicable provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) of the Code of Virginia shall apply to all contractual relationships.
§ 21.13. Citation of Act.
This act may for all purposes be referred to or cited as the
Galax Charter of 1954.
§ 21.14. Resolutions and Ordinances to Remain in Force.
All resolutions and ordinances in force in the Town City
of Galax at the time of its transition into a city, not in conflict with
this charter, shall be and remain in force until altered or repealed by
the council of the city.
2. That §§ 6.01 through 6.10, 8.01, 10.01, 13.01, 15.03, and 21.11 of Chapter 562 of the Acts of Assembly of 1954 are repealed.