CHAPTER 247

An Act to provide a charter for the town of Culpeper in Culpeper County,
Virginia, and to repeal Chapter 60 of the Acts of Assembly of 1898,
approved January 11, 1898, as amended, which provided a charter for
the town of Culpeper. rH 97]

Approved March 138, 1968

Be it enacted by the General Assembly of Virginia:

Chapter 1.
Incorporation and Boundartes.

1. § 1.1. Incorporation.—The inhabitants of the territory comprised
within the present limits of the town of Culpeper, as such limits are now or
may hereafter be altered and established by law, shall constitute and con-
tinue a body politic and corporate, to be known and designated as the
town of Culpeper, and as such shall have perpetual succession, may sue
and be sued, implead and be impleaded, contract and be contracted with,
and may have a corporate seal which it may alter, renew or amend at its
pleasure by proper ordinance.

§ 1.2. Boundaries.—The territory embraced within the town of Cul-
peper is that territory in the county of Culpeper, Virginia, established in
§ 2, Chapter 254 of the Acts of Assembly of nineteen hundred thirty-six,
and that territory described in an Order of Annexation entered on June
twenty-four, nineteen hundred sixty-seven, by the Circuit Court of Cul-
peper County, sitting as a duly constituted annexation court, in town of
Culpeper v. county of Culpeper, which order is recorded in the office of the
clerk of the Circuit Court of Culpeper County in law order book 29, at
page 501 et seq.
§ 2.1. General Grant of Powers.—The town of Culpeper shall have
and may exercise all powers which are now or hereafter may be conferred
upon or delegated to towns under the Constitution and laws of the Com-
monwealth of Virginia, as fully and completely as though such powers
were specifically enumerated herein, and no enumeration of particular
powers by this charter shall be held to be exclusive, and shall have,
exercise and enjoy all the right, immunities, powers and privileges, and
be subject to all the duties and obligations, now appertaining to and in-
cumbent on the town as a municipal corporation.

§ 2.2. Adoption of Certain Sections of Code of Virginia.—The
powers set forth in §§ 15.1-837 through 15.1-915, both inclusive, of Chap-
ter 18 of Title 15.1 of the Code of Virginia, as in force on January one,
nineteen hundred sixty-eight, are hereby conferred on and vested in the
town of Culpeper.

§ 2.3. Eminent Domain.—The powers of eminent domain set forth
in Title 15.1, Title 25, Chapter 1.1 and Title 33, 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 Culpeper.

(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 fore-
going laws, mutatis mutandis, and may, in addition thereto, proceed as
hereinafter provided.

(b) Certificates issued pursuant to §§ 33-70.3 to 33-70.11, inclusive,
Code of Virginia, as amended, and acts amendatory thereof and supple-
mental 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 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 any lawful public purpose, whether within
or without the town; provided, that the provisions of §§ 33-70.1 through
33-70.11, 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.

(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.

Chapter 3.
Mayor and Council.

§ 3.1. Composition of Council; Election, Qualifications and Term of
Office of Councilmen.—The town of Culpeper shall be governed by a town
council composed of nine councilmen, to be elected from the town at large.
Councilmen shall be qualified electors of the town, and shall serve for
terms of four years. Five councilmen shall be elected on the second Tues-
day in June, nineteen hundred sixty-eight, and every four years thereafter.
Four councilmen shall be elected on the second Tuesday in June, nineteen
hundred seventy, and every four years thereafter.

§ 3.2. When Terms of Office to Begin.—The terms of office for the
town councilmen shall begin on the first day of September next following
their election.

.8. Vacancies on Council.—Vacancies on the town council shall
be filled within forty-five days for the unexpired terms by a majority vote
of the remaining members; provided, that where a vacancy shall occur
more than six months prior to a regular town election, such vacancy shall
be filled by a majority vote of the remaining members only until a succes-
sor shall have been chosen by the qualified electors of the town and shall
have qualified as provided by law. In the town election to be held on the
second Tuesday in June next following the occurrence of such vacancy,
there shall be elected by the qualified electors of the town a member of the
council to fill each such vacancy for the unexpired term. The term of office
of any councilman so elected shall begin on the first day of September next
following his election.

§ 3.4. Election and Term of Office of Mayor and Vice-Mayor.—At
the first meeting of the town council held on or after September one in
each even-numbered year, the town council shall elect from its members,
by a majority vote of the members elected, a mayor, who shall serve for a
term of two years. After the election of a mayor, the town council shall
elect from its members a vice-mayor, in the same manner as the mayor
is elected, who shall serve for a term of two years.

§ 3.5. Powers and Duties of Mayor and Vice-Mayor.—The mayor
shall preside over the meetings of the town council and shall have the
same right to speak and vote therein as other members of the town
council. He shall be recognized as the head of the town government for
all ceremonial purposes, for the purposes of military law and for the serv-
ice of civil processes. The mayor shall have no power of veto over the
ordinances and resolutions of the town council. During the absence of the
mayor or the inability of the mayor to act, the vice-mayor shall possess
the powers and discharge the duties of the mayor.

§ 3.6. Absence or Disability of Mayor and Vice-Mayor.—lIf both the
mayor and vice-mayor are absent or unable to act, the town council shall,
by a majority vote of the members present, elect from its members a
person to serve as acting mayor until either the mayor or vice-mayor is
present and able to act. The person so elected shall possess the powers and
discharge the duties of the mayor during such period of time. Whenever
it is necessary to elect an acting mayor pursuant to this section, in the
absence of both the mayor and vice-mayor, the town clerk or acting town
clerk shall call the meeting of the town council to order and shall preside
until an acting mayor is elected. This shall not be construed to vest in the
town clerk any of the powers and duties of the mayor, except as expressly
stated in this section.

§ 3.7. Council a Continuing Body.—The town council shall be a con-
tinuing body, and no measures pending before such body, or any contract
or obligation incurred, shall abate or be discontinued by reason of the
expiration of the term of office or removal of any of its members.

§ 8.8. General Grant of Powers to Council.—The town council shall
have all powers and authority that are now or may hereafter be granted
to councils of towns by the general laws of the Commonwealth and by this
chapter, and the recital of special powers and authorities herein shall not
be taken to exclude the exercise of any power and authority granted by
the general laws of the Commonwealth to town councils, but not herein
specified.
§ 3.9. Meetings of Council—The town council shall fix the time of
their stated meetings, and they shall meet at least once a month. Special
meetings may be called at any time by the mayor or by three members of
the town council; provided, that all members shall be duly notified a rea-
sonable period of time prior to any special meeting.

§ 3.10. Quorum; Reconsideration of Action.—Five members of the
town council shall constitute a quorum for the transaction of business.
No vote taken at any meeting shall be reconsidered or rescinded at any
subsequent special meeting unless at such special meeting there are as
many members of the town council present as were present when such
vote was taken.

§ 3.11. Rules of Order and Procedure.—The town council shall es-
tablish its own rules of order and procedure, and may punish its own
members and other persons for violations thereof.

§ 3.12. Council to Fix Salaries.—The town council is hereby author-
ized to fix the salaries of each of the members of the town council, mem-
bers of board or commissions and all appointed officers and all employees
of the town, at a sum not to exceed any limitations placed by the laws and
Constitution of the Commonwealth of Virginia. The salaries of the mem-
bers of the town council shall not exceed one thousand two hundred dollars
per year.

Chapter 4.
Town Manager.

§ 4.1. Appointment and Qualifications.—There shall be a town man-
ager, who shall be the executive officer of the town and shall be responsi-
ble to the town council for the proper administration of the town govern-
ment. He shall be appointed by the town council for an indefinite term.
He shall be chosen solely on the basis of his executive and administrative
qualifications, with special reference to his actual experience in or knowl-
edge of accepted practice in respect to the duties of his office. At the
time of his appointment, he need not be a resident of the town or the
Commonwealth, but during his tenure of office, he shall reside within 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, com-
prehensive report of the financial transactions and administrative activi-
ties of the town government during the immediately preceding fiscal year.

(e) Present adequate financial and activity reports as required by
the town council.

(f) Arrange for an annual audit by a certified public accountant, the
selection of whom shall be approved by the town council.

(zg) 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.

§ 4.3. Powers as to Town Officers and Monthly Employees.—All
officers and monthly employees of the town, excent those appointed bv
the town council pursuant to this charter or the general laws of the
Commonwealth, shall be appointed and may be removed by the town
manager, who shall report each appointment or removal to the town coun-
cil at the next meeting thereof following any such appointment or
removal.

§ 4.4. Temporary Transfer of Personnel Between Departments.—
The town manager shall have power, whenever the interests of the town
require, irrespective of any other provisions of this charter, to assign
employees of any department, bureau, office or agency to the temporary
performance of duties in another department, bureau, office or agency.

4.5. Council Not to Interfere in Appointments or Removals; Re-
lationship with Council.—Neither the town council nor any of its mem-
bers shall direct or request the appointment of any person to or his re-
moval from any office or employment by the town manager or by any of
his subordinates or in any way take part in the appointment or for re-
moval of officers and employees of the town, except as specifically pro-
vided in this charter. Except for the purpose of inquiry, the town council
and its members shall deal with the administrative services solely through
the town manager, and neither the town council nor any member thereof
shall give orders. either publicly or privately, to any subordinate of the
town manager. Any councilman violating the provisions of this section
or voting for a motion, resolution or ordinance in violation of this section
shall be guilty of a misdemeanor and, upon conviction thereof, shall cease
to be a councilman.

§ 4.6. Relations with Boards, Commissions and Agencies.—The town
manager shall have the right to attend and participate in the proceedings
of, but not to vote in, the meetings of all boards, commissions or agencies
created by this charter or by ordinance and any other board or commission
the town council may designate.

§ 4.7. Acting Town Manager.—The town council shall designate by
ordinance a person to act as town manager in case of the absence, in-
capacity, death or resignation of the town manager, until his return to
duty or the appointment of his successor.

Chapter 5.
Appointive Officers.

§ 5.1. Appointment.—The town council may appoint such officers of
the town as they may deem necessary. Such officers may include, but shall
not be limited to, a town clerk, a town attorney, a town treasurer and
justices of the peace. The enumeration of officers in this section shall not
be construed to require the appointment of any of such officers herein
named. Officers appointed by the town council shall perform such duties
as may be specified in this charter or by the town council.

§ 5.2. Deputies and Assistants.—The town council may appoint such
deputies and assistants to appointive offices as the town council may deem
necessary.

§ 5.38. Term of Office.—Officers and deputy and assistant officers
appointed by the town council shall be appointed for a term of two years,
unless otherwise provided by this charter or by ordinance of the town
council. Such term shall begin on the first day in September in each even-
numbered year.

§ 5.4. Vacancies in Office.—The town council shall fill any vacancy
in any appointive office for the remainder of the unexpired term.

§ 5.5. Appointment of One Person to More than One Office.—The
town council may appoint the same person to more than one appointive
office. at the discretion of the town council.

5.6. Duties of Town Clerk.—The town clerk shall be the clerk of
the town council. He shall keep the journal of its proceedings and shall
record all ordinances and resolutions in a book or books kept for the pur-
pose. He shall be the custodian of the corporate seal of the town and shall
be the officer authorized to use and authenticate it. He shall perform such
other duties and keep such other records as the town council may specify
or the general laws of the Commonwealth require of town clerks. All
records in his office shall be public records and open to inspection at any
time during regular business hours.
Chapter 6.
Courts.

§ 6.1. Authority to Establish Municipal Court; Jurisdiction of Court.
—The town council may establish by ordinance a municipal court, which
shall be known as the Municipal Court of Culpeper. Jurisdiction of the
municipal court in civil matters shall be as provided in § 16.1-77 of the
Code of Virginia, and in criminal matters as provided in § 16.1-124 of the
Code of Virginia.

§ 6.2. Judge of Municipal Court; Substitute Judge—tThe judge of
the municipal court shall be appointed by the town council. He shall serve
at the pleasure of the town council. The town council may appoint a
substitute judge to serve during the absence or inability to act of the judge
of the municipal court.

3 6.3. Jurisdiction of County Court if Municipal Court Not Created.
—If the town council shall elect to not establish a municipal court, as
provided in § 6.1 of this charter, the county court of Culpeper County
shall have such jurisdiction within the town as the municipal court would
have if it were established by the town council. The town council may enter
into such contracts or agreements as it may deem necessary to permit the
trial in said county court of cases or causes of action arising within the
town or within the jurisdiction of the town.

Chapter 7.
Financial Provisions.

§ 7.1. Fiscal year.—The fiscal year of the town shall begin on July
one of each year and end on June thirty of the year following.

§ 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 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 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 provided, that if the complainant is compos mentis
during such sixty day period but is able to establish by a clear and con-
vincing evidence that due to the injury sustained for which a claim is
asserted that he was physically or mentally unable to give such notice
within the sixty day period, then the time for giving notice shall be tolled
until the claimant sufficiently recovers from such injury so as to be able to
give such notice. No officer, agent or employee 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 de-
fendants 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 ascer-
tained to be primarily liable, or may institute any suit to enforce such
judgment, or an 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. Creation of Debt; Election on Issuance of Bonds.—Any ordi-
nance 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.

The town council may, and upon receipt of a petition signed by two
hundred qualified electors of the town shall, submit to a vote of the quali-
fied electors of the town the question of whether such money shall be
borrowed. Any such petition shall be filed with the town clerk within
thirty days of the vote of the town council to borrow money.

Such election shall be held within sixty days of the vote of the town
council to call such election or within sixty days of receipt of such petition.
The election shall be held in the manner provided for such elections by
the general laws of the Commonwealth. A majority vote of the qualified
electors voting at such election shall be required for the approval of the
borrowing of such money.

The provisions of this section shall not be construed to prohibit the
town council from proceeding under any provisions of the Constitution of
Virginia and general laws of the Commonwealth in the borrowing of
money.

§ 7.4. Sale, Lease, Etc., of Town-Owned Public Utilities —Neither
the town council nor any of its officers or its agents shall have the power
or authority to sell, rent, lease or otherwise dispose of any public utility
owned by the town of Culpeper without first submitting such sale, rental
or lease to a vote of the qualified electors of the town, at a special election
to be held in accordance with law providing for special election for towns
in Virginia, and such sale shall only be consummated upon a vote of the
majority of the qualified electors of the town voting in such an election.

Chapter 8.
Miscellaneous.

§ 8.1. Elections Governed by State Law.—All town elections shall be
held and conducted in the manner prescribed by the laws of the Common-
wealth.

§ 8.2. Amendment of Zoning Ordinance.—The town council may, by
ordinance, require that whenever the planning commission recommends
against the adoption of any proposed amendment to the Zoning Ordinance
of the town, now or hereafter in effect, such amendment shall become
effective only upon the affirmative vote of two-thirds of the elected mem-
bers of the town council.

§ 8.3. Applicability of Ordinances to Lands, etc., Outside Town.—
All ordinances of the town, so far as they are applicable, shall apply on,
in or to all land, buildings and structures owned by or leased or rented
to the town and located outside the town.

§ 8.4. Bonds of Officers and Employees.—The town council may
require all or any officers and employees of the town to give bond for the
faithful and proper discharge of their duties. As used herein, the words
“officers and employees” shall include officers and employees paid solely
or partly by the town. The town may pay the premium on such bonds
from the town funds and may provide for individual surety bonds or for
a bond covering all officers and employees or any group thereof. The bond
shall be payable to the town as its interest may appear in event of breach
of the conditions thereof.

8.5. Office of Town Sergeant Not to be Created.—Notwithstanding
the provisions of § 15.1-796 of the Code of Virginia, there shall not be
created in the town of Culpeper the office of town sergeant.

§ 8.6. Present Officers to Continue.—The present elected officers of
the town shall be and remain in office until expiration of their several
terms, and until their successors have been duly elected and qualified.

§ 8.7. Ordinances Continued in Force.—All ordinances now in force
in the town of Culpeper, not inconsistent with this charter, shall be and
remain in force until altered, amended or repealed by the town council.

§ 8.8. Severability of Provisions.—If any clause, sentence, para-
graph or part of this charter shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder of this charter, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.

2. Chapter 60 of the Acts of Assembly of 1898, approved January eleven,
eighteen hundred ninety-eight, as amended, is repealed.
3. An emergency exists and this act is in force from its passage.