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- Subject Index: Since 1995
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1994 SESSION
LD6986340Be it enacted by the General Assembly of Virginia:
1. That §§ 2.3, 4.2, 7.1 and 7.3 of Chapter 112 of the Acts of Assembly of 1971 is amended and reenacted as follows:
§ 2.3. Eminent domain. The powers of eminent domain set forth in Title
15.1, Title 25, Chapter 1.1 and §§ 33.1-121 through 33.1-129
33.1-132, Chapter 1, 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.
(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 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 33.1-129
33.1-132, 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 treasurer. Such certificate shall
have the same effect as certificates issued by the State Highway
Commonwealth Transportation Commissioner, under the
aforesaid laws, and may be issued in any case in which the town proposes to
acquire property of any kind 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 provisions of §§
33.1-121 through 33.1-129, inclusive, Code of Virginia, as amended shall not
be used except for the acquisition of lands or easements necessary for
streets, water, sewer or utility pipes or lines or related facilities, and
further provided that the condemnation authority shall be subject to
the provisions of § 25-233 of the Code of Virginia.
(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 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.
§ 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) Prepare in suitable form for publication and submit to the town
council at a regular meeting in September of each year a concise,
comprehensive report of the financial transactions and administrative
activities of the town government during the immediately preceding fiscal
year.
(e) (d) Present adequate financial and activity
reports as required by the town council.
(f) (e) Arrange for an annual audit by a certified
public accountant, the selection of whom shall be approved by the town
council.
(g) (f) 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 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.
§ 7.1. Fiscal year. The fiscal year of the town shall begin on
September 1 July 1 of each year and end on August
31 June 30 of the year following.
§ 7.3. Creation of debt; issuance of bonds. Any ordinance creating a
debt for which money is to be borrowed shall be adopted by a majority vote of
the elected members of the town council.
No bonds shall be issued by the town until the voters of the town have
first approved the issuance of such bonds at an election held pursuant to the
laws of the Commonwealth.The town council is authorized to cause
the town 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 of Title 15.1 of the Code of Virginia of 1950, as amended,
or any acts amendatory thereof or supplemental thereto.
2. That an emergency exists and this act is in force from its passage.