CHAPTER 161

An Act to amend and reenact §§ 2.8, 3.9, 4.2 and 6.1 of Chapter 425 of
the Acts of Assembly of 1950, approved April 6, 1950, which provided
a new charter for the town of Abingdon, the sections relating, respec-
tively, to public works, utilities and property; appointment and duties
of town officers; bids and purchases; and police justice. rH 8027

Approved March 9, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.3, 3.9, 4.2 and 6.1 of Chapter 425 of the Acts of Assembly
of 1950, approved April 6, 1950, be amended and reenacted, as follows:

§ 2.3. Powers Relating to Public Works, Utilities and Properties.
In addition to the powers granted by other sections of this charter, the
town is empowered:

2.301. To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate therein within or without
the town for any of the purposes of the town; and to hold, improve, sell,
lease, mortgage, pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

2.302. To own, operate and maintain water works and to acquire
in any lawful manner in any county of the State, such water, lands, prop-
erty rights, and riparian rights as the council may deem necessary for
the purpose of providing an adequate water supply to the town and of
piping and conducting the same; to lay, erect and maintain all necessary
mains and service lines, either within or without the corporate limits of
the town, for the distribution of water to its customers and consumers,
both within and without the corporate limits of the town and to charge
and collect water rents therefor; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make rea-
sonable rules and regulations for promoting the purity of its water supply
and for protecting the same from pollution; and for this purpose to exer-
cise full police powers and sanitary control over all land comprised within
the limits of the watershed tributary to any such water supply wherever
such lands may be located in this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations; and to pre-
vent by injunction any pollution or threatened pollution of such water
supply and any and all acts likely to impair the purity thereof; and to
carry out the powers herein granted, the town may exercise within the
State all powers of eminent domain provided by the laws of this State.

2.303. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, armories,
sewage disposal plants, jails, comfort stations, markets, and all buildings
and structures necessary or appropriate for the use and proper operation
of the various departments of the town; and to acquire by condemnation
or otherwise, all lands, riparian and other rights, and easements necessary
for such improvements, or any of them; either within or without the town;
and to construct, maintain or aid therein, roads and bridges to any prop-
erty owned by the town and situated beyond the corporate limits thereof,
and to acquire the land necessary for the aforesaid by condemnation or
otherwise.

2.304. To survey, establish, enter, open, widen, extend, grade, con-
struct, pave, maintain, light, sprinkle, and clean, public streets, highways,
alleys, sidewalks, parkways or parks and to relocate, alter or close the
same; to regulate the weight of loads to be hauled or carried over and
upon the streets in so far as such regulation of weights of loads does not
conflict with general State laws relating to load limits to be carried or
transported over State highways; to regulate the use of all such highways,
parks, streets, alleys, parkways, and public places; to prevent the obstruc-
tion, destruction or injury to any of such streets, alleys or highways; to
require any railroad company operating a railroad at the place where any
highway or street is crossed within the limits of the town to construct
and maintain adequate crossings and to erect and maintain at such cross-
ing any style of gate or warning signal deemed proper; to regulate the
operation and speed of all cars, motorcycles, bicycles or vehicles upon said
streets or highways as well as the speed of all engines, cars, or railroad
trains within the town; to permit or prohibit towers, poles or wires for
electric, telephone, telegraph, radio, or television purposes to be erected or
Wires or gas or water lines to be laid in the streets, or alleys, and to
prescribe and collect an annual charge for such privileges hereafter
granted: to require the owner or lessee of any electric light, telephone,
telegraph, radio or television towers, poles, or wires, or the owner or
lessee of gas, sewer or water mains or lines, now in use or hereafter
erected or constructed to change the location or remove the same; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels, sewers,
and drains; to plant, maintain or remove shade trees along the streets and
upon public grounds; and to do all other things whatsoever to make said
streets and highways safe, convenient and attractive.

2.305. To establish, maintain, and regulate the use of parks, golf
courses, playgrounds, and public grounds, and to keep them lighted and
in good order; to construct in such parks, playgrounds, and public grounds,
as the town may maintain, or upon any town property, stadia, swimming
pools, gymnasia, and recreation or amusement buildings, structures, or
enclosures of every character, refreshment stands, restaurants, et cetera;
to charge admission for use of the same. and to rent out or lease the priv-
ileges of constructing or using such stadia, swimming pools, recreation or
amusement buildings, structures, or enclosures of every character, refresh-
ment stands, or restaurants, et cetera.

2.306. To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require * property owners within three hundred
feet thereof to connect therewith; to establish, construct, maintain and
operate sewage disposal plants; to acquire by condemnation or otherwise,
within or without the town, all lands, rights of way, riparian and other
rights, and easements necessary for the purposes aforesaid; and to charge,
assess, and collect reasonable fees, rentals, assessments or costs of service
for connection with and using the same.

2.307. To grant franchises for public utilities subject to the pro-
visions of the Constitution and general laws of Virginia and this charter;
provided, however, the town shall at any time have the power to contract
for, own, operate, manage, sell, encumber or otherwise dispose of, either
within or without the town, any and all public utilities for the town and
to sell the services thereof, any existing franchise to the contrary not-
withstanding.

2.308. To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the cor-
porate limits of the said town. at such price and upon such terms as it
may prescribe, and to that end it may contract and purchase electricity
and gas from the owners thereof upon such terms as it may deem ex-
pedient.

2.309. To establish, maintain and operate a landing field or air-
port within or without the town and for such purposes to acquire real
estate by gift, lease, purchase or condemnation; to lease such landing
field or airport to others to be used for any lawful purposes; to erect and
maintain buildings and appurtenances necessary for the use of such land-
ing field or airport and to prescribe and enforce rules and regulations not
in conflict with the laws, rules and regulations prescribed by the State
of Virginia and the Federal Government, for the use and protection of
such landing field or airport.

2.310. To give names to or alter the names of streets.

2.311. To acquire in any lawful manner for the purpose of en-
couraging commerce, industry, and manufacture, lands within or without
the town not exceeding at any one time one hundred acres in the aggre-
gate and from time to time to sell or lease the same or any part thereof
for industrial or commercial uses and purposes. —

2.312. To acquire, construct, own, maintain and operate, within
and without the town, places for parking or storage of vehicles by the
public, which shall include but shall not be limited to parking lots, garages,
buildings and other land, structures, equipment and facilities, 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 by a department of the town government or by
a board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such
places or any portions thereof, 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 or in such places.

2.313. To accept, by ordinance, or to refuse the dedication of
streets, alleys, easements or other public use or purpose unless the title to
the same be acquired in fee simple in accordance with any subdivision
regulations adopted under the provisions of Article VII.

2.314. To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, for any lawful purpose
of the town.

Provided, however, that the provisions of § 25-233 of the Code of
Virginia, 1950, 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 provisions of this act.

§ 3.9. Appointees—At the first meeting in September following
each councilmanic election, or as soon thereafter as practicable the coun-
cil shall appoint :—

3.91. A Town Manager who shall be the administrative and ex-
ecutive head of the municipal government. He shall be chosen by the coun-
cil without regard to political beliefs and solely upon the basis of his
executive and administrative qualifications. At the time of his apvoint-
ment he need not be a resident of the town or the Commonwealth but
during his tenure of office shall reside within the town. He shall be ap-
pointed for an indefinite period and shall hold office during the pleasure
of the council. He shall receive such comnensation as shall be provided by
the council by ordinance or resolution. He may be bonded as the council
may deem necessary. During the absence or disability of the town manager
or in case of a vacancy, the council may designate some properly qualified
person to perform the duties of the office during such absence, disability,
or vacancy. No councilman shall receive such appointment during the
term for which he shall have been elected. nor within one year after the
expiration of his term. Neither the council nor any of the members shall
direct or request the appointment, as hereinafter provided, of any person
to office by the town manager or by any of his subordinates. Excent for
the purpose of inquiry, the council and its members shall deal with the
administrative service solely through the town manager and neither the
council nor any member thereof shall give orders to any subordinates of
the town manager, either publicly or privately. The town manager shall
have the authority and it shall be his duty:

3.911. To see that all laws, ordinances, resolutions, and bylaws
of the council are faithfully enforced.

3.912. To appoint such officers and employees, as the council shall
determine and authorize as are necessary for the proper administration of
the affairs of the town with the power to discipline and remove any such
officer or employee, but he shall report each appointment of any officer
having supervisory or administrative authority to the council for confirma-
tion at the next meeting thereof following any such appointment. The chief
of police so appointed by the town manager and confirmed by the council
shall have the power to discipline his subordinates and with the approval
of the town manager to discharge any subordinate for just cause. Any
officer or employee so removed shall have the right of appeal to the council
within thirty days after his removal and after notice to the town manager.
The action of the council on such appeal shall be final.

3.913. To attend all meetings of the council, with the right to take
part in the discussion, but having no vote.

3.914. To recommend to the council for adoption such measures
as he may deem necessary or expedient.

8.915. To make reports to the council from time to time upon the
affairs of the town and to keep the council fully advised of the town’s
financial condition and its future financial needs.

To prepare and submit to the council a tentative budget
for the next fiscal vear as provided by general law and by this charter.

38.917. To make all contracts on behalf of the town pursuant to a
resolution or an ordinance of the council and to act as town purchasing
agent.

3.918. To supervise and control all encumbrances, expenditures
and disbursements to insure that budget appropriations are not exceeded
and to appoint, or upon resolution of the council to act as, the town treas-
urer with the following duties.

3.9181. To be the collector and custodian of all funds belonging to
the town and the school board and to deposit such funds in such deposi-
re as may be designated by the council and the school board respec-

ive

3. 9182. To have custody of all investments and invested funds of
the town in a fiduciary capacity.

3.9183. To disburse by check all monies payable by the town or
the school board. If the treasurer be a person other than the town manager,
all checks shall be countersigned by the town manager.

3.9184. To protect the interests of the town by withholding the
payment of any claim or demand by any person, firm, or corporation
against the town until any indebtedness or other liability due from such
person. firm. or corporation shall first have been settled and adjusted.

3.919. To perform such other duties as may be prescribed or re-
quested by council.

3.92. A Town Clerk, who also may be the town manager, for an
indefinite term. He shall receive such compensation as shall be provided
by the council by ordinance or resolution. He shall have the following

uties:

3.921. To be the custodian of the corporate seal.

3.922. To give notice of council meetings.

3.923. To keep a journal of council proceedings.

3.924. To authenticate by his signature and record in full in a
book kent for the purpose all ordinances and resolutions.

8.925. To serve as the commissioner of the revenue for the town;
prepare the land and property books and extend assessments; and assess
all license taxes required by ordinances.

3.926. To prepare all statements for monies owed the town for
supplies or services rendered.

3.927. To perform such other duties as may be prescribed or re-
quested by council.

3.93. A Town Attorney, for an indefinite term, who shall be an
attorney at law licensed to practice under the laws of the Commonwealth
and shall have actively practiced his profession therein for at least five
years immediately preceding his appointment. * He shall receive such com-
pensation and fees as shall be provided by the council by ordinance or
resolution. He shall have the following powers and duties:

3.931. To be the legal advisor of the council, the town manager
and of all departments, boards, commissions and agencies of the town,
including the school board, in all matters affecting the interests of the
town and shall upon request furnish a written opinion on any question of
law involving their respective official powers and duties.

8.932. To prepare, at the request of the town manager or any
member of the council, ordinances for introduction and, at the request of
the council or any member thereof, shall examine any ordinance after in-
troduction and render his opinion as to the form and legality thereof.

3.933. To draw or approve all bonds, deeds, leases, contracts or
other instruments to which the town is a party or in which it has an
interest.

3.934. To represent the town as counsel in any civil case in which
it is uiebesien and in any criminal case when so requested by the town
council.

3.94. A Police Justice, as provided in Article VI.

3.95. Issuing Justices, as provided in Article VI.

83.96. Fire Department Officers, as provided in § 27-13, Code of 1950.

§ 4.2. Bids and Purchases. At least two bids shall be secured on all
purchases involving more than * one thousand dollars and shall be ap-
proved by council. On purchases of less than * one thousand dollars for
which an appropriation has been made, the town manager may authorize
the expenditure without reference to council.

§ 6.1. Police Justice——There is hereby created the office of police
justice for the town of Abingdon.

6.11. Appointment.—Said police justice shall be appointed by the
council, at its first meeting in September, nineteen hundred fifty and at its
first meeting in September every two years thereafter, for a two year
term uniess sooner removed by the council upon proven charges preferred
for malfeasance or misfeasance, neglect of duty, or incompetency. Said
justice shall remain in office until his successor is appointed and qualified.
Before entering upon the discharge of duties as police justice, the person
so appointed shall subscribe the oath prescribed for State officers, and
shall give such bond as may be required by council. The mayor, or any
qualified attorney at law * may be appointed as police justice. If the
mayor is appointed as police justice he shall discharge such duties as the
police justice of the town under this charter and not as the mayor of the
town, in addition to the duties of mayor imposed upon him by this charter;
and his powers, duties, authority and jurisdiction as such police justice
shall be as hereinafter provided for the police justice. Should the mayor
be appointed police justice he shall receive the salary of mayor provided
for the discharge of his duties as mayor, in addition to such salary as may
be provided for the police justice.

6.12. Absence or vacancy in office—During the absence or dis-
ability of the police justice the mayor shall serve in the capacity of
substitute police justice, or if the mayor has been appointed as police
justice, then during his absence or disability, the vice mayor shall act as
substitute police justice, but no additional oath and no bond shall be
required of any such substitute police justice as a prerequisite to his au-
thority to act. The substitute police justice shall receive for his services
such per diem compensation as may be prescribed by council.

6.13. Jurisdiction—The police justice is hereby vested with orig-
inal and exclusive jurisdiction in criminal matters involving a violation of
any ordinance of the town of Abingdon, Virginia, which violation occurs
within the corporate limits of said town, or within one mile thereof. Such
police justice shall not exercise the jurisdiction conferred by §§ 63-259
to 63-266 inclusive and 20-61 of the Code of 1950, and anything in this
charter shall not be construed as giving to such police justice the juris-
diction conferred by the above sections.

6.14. Appeals and Warrants.—Appeals from the decision of the
police justice shall be as provided in Title 16.1 of the Code of Virginia
for appeals from civil and police justices for cities, except that all cases
appealed from the police justice shall be appealed to the circuit court
of Washington County, Virginia. Should a warrant be issued charg-
ing a violation of a town ordinance and it should develop prior to trial,
or at any time during trial, prior to the imposition of sentence, that the
alleged offense involved a felony, then, in lieu of final disposition by the
police justice, the case may be certified by the police justice to the trial
justice of Washington County, Virginia, to be there dealt with as provided
by law, and it may be there tried on the original warrant, the same as
though said warrant had charged the violation of State law and had been
issued by a person authorized to issue State warrants. In the event a
warrant should be issued charging a violation of a town ordinance, and it
should for any reason appear prior to trial, or at any time during trial,
prior to the imposition of sentence, that the police justice is for any
reason without jurisdiction to try the same, said warrant may be certified
to the proper court for trial where the same may be tried upon the original
warrant. The police justice shall also have jurisdiction to issue original
warrants charging violation of town ordinances; to issue subpoenas or
to issue and/or try any other processes incidental to the jurisdiction herein
granted; power to admit to bail prior to trial in cases involving violation
of town ordinances, or to admit to bail subsequent to trial, upon an appeal;
power to take bond as security for the payment of fines and costs; power
to issue search warrants; and shall have the same powers in matters of
contempt as are granted or limited by §§ 16-95 and 14-184 of the Code
of 1950, and shall be a conservator of the peace within the corporate limits
i. a lown of Abingdon and for one mile beyond the corporate limits

ereof.

6.15. Compensation and Clerical Assistant—A salary to com-
pensate the police justice shall be fixed by the town council. The council
may also appoint such clerk or clerks as may, in their discretion, be
necessary, and require of such clerk or clerks such bond as it may deem
proper, provide just compensation therefor and provide necessary records.

6.16. Trial Justice—Nothing herein contained shall be construed
as affecting the provisions of § 16-129 of the Code of 1950, and in the event
a resolution should be passed pursuant to § 16-129, Code of 1950, and said
resoluticn be subsequently repealed by council, then the provisions of
§ 16-129.1 shall automatically become operative.

6.17. Necessity of Warrant.—Nothing contained in this charter
relating to the issuance of warrants shall be construed as affecting or
altering the provisions of § 16-5, Code of 1950.

2. Anemergency exists and this act is in force from its passage.