CHAPTER 504

An Act to amend and reenact §§ 3, 5, 6, 7, 11, 18, 15, 16, 17, 19, 20, 21,
29, 35, 45, 46, 51 and 60 of Chapter 127 of the Acts of Assembly of
1964, approved March 2, 1964, which provided a new charter for the
town of Blacksburg, which sections relate to the governing of such
town, its officers and employees, their compensation, council meetings,
the police force, public utilities, encroachments on public ways or
places and assessments; to amend such chapter by adding sections
numbered 28.1, 28.2, 58.1 and 58.2, relating to powers, condemnation
municipal court and issuing justices; and to repeal §§ 58 and 58 of
such chapter, relating to the town judge and to certain contracts.

(S 176]
Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
1. That §§ 3, 5, 6, 7, 11, 18, 15, 16, 17, 19, 20, 21, 29, 35, 45, 46, 51 and 60
of Chapter 127 of the Acts of Assembly of 1964, approved March 2, 1964,
be amended and reenacted and that Chapter 127 of the Acts of Assembly
of 1964 be amended by adding sections numbered 28.1, 28.2, 53.1 and 53.2,
the amended and new sections being as follows:

* GOVERNMENT

§ 3. Vested in mayor and council; members to be electors. The *
government of the town is vested in the council composed of a mayor and
six councilmen, all of whom shall be electors of the town.

(a) The council shall be elected as follows: The process of electing
three councilmen on the second Tuesday in June in each even-numbered
year having been established, each councilman so elected to serve for a
term of four years, the process is to continue. A councilman may succeed
himself as often as the electors may choose. The council shall be a con-
tinuing body, and no measure pending before such body shall abate or be
discontinued by reason of expiration of term of office or removal of any of
its members. The mayor shall be elected for a term of four years, the next
election to be on the second Tuesday in June, 1966. Should a vacancy in
the office of mayor occur, it shall be filled by the same general method
provided in the next paragraph for vacancies in the council.

(b) Vacancy in the council shall be filled within thirty days, for
the unexpired term, by a majority vote of the remaining members; pro-
vided, that if the term of office to be filled does not expire for two years
or more after the next regular election for councilmen, following such
vacancy and such vacancy occurs in time to permit it, then the council
shall fill such vacancy only for the period then remaining until such
election, and a qualified person shall then be elected by the qualified voters
and shall from and after the date of his election and qualification succeed
such appointee and serve the unexpired term. The number of candidates
for council equal to the number of vacancies to be filled for full terms
receiving the highest number of votes shall be entitled to such full terms,
and the candidate receiving the next highest number of votes shall be
entitled to the unexpired term caused by such vacancy.

§ 5. What officers town shall have; committees of council and
boards and departments of town government.

The municipal officers of the town shall, in addition to the mayor,
consist of a town manager; a treasurer; chief of police, who may also
serve as sergeant; town engineer; clerk of council, and such officers as
may be provided for by the town council; and the council may appoint
such committees of the council and create such boards and departments of
town government * with such powers and duties and subject to such
regulations as it may see fit, consistent with the provisions of this act and
the general laws of this State. The treasurer and clerk may be one and
the same person if the council may deem it more expedient. To effectuate
the powers conferred by general law as well as the powers herein specif-
ically granted, the council may employ all such persons as may be neces-
sary.

§ 6. Town Manager.

The council of the town of Blacksburg * shall appoint a town
manager who may also serve as town engineer. Upon the * appoint-
ment of a town manager by the council he shall be vested with the
administrative * powers of the town and shall hold office during the
pleasure of the council. He shall receive such compensation as shall be
fixed by the council. The town manager shall see that within the town the
laws, ordinances, resolutions and bylaws of the council are faithfully
executed. He shall attend all meetings of the council and recommend for
adoption such measures as he shall deem expedient. He shall make reports
to the council from time to time upon the affairs of the town, keep the
council fully advised of the town’s financial condition and its future
financial needs. He shall * direct the preparation of and submit to the
council a tentative budget for each fiscal year. He shall perform such other
duties as may be prescribed by the council and shall be bonded in such
amount as the council may deem necessary. Should the town be without
a manager, council shall assign the several duties of the manager to other
specified personnel of the town in such manner as to assure the proper
conduct of town affairs.

, § 7. Removal of * members of committees, commissions and
oards.

All * members of committees, commissions and boards appointed
by the town council may be removed by the town council at its pleasure. *

§ 11. Mayor, councilmen, and officers to take oath.

The mayor, councilmen, and all municipal officers of said town, re-
quired by law to be sworn and take an oath, shall, before entering upon
the duties of their respective offices, be sworn in accordance with the laws
of the State of Virginia by anyone authorized to administer oaths under
the laws of the State.

ea § 13. Failure to take oath or give bond construed as vacancy in
office.

If any person elected or appointed to any office in said town, required
by law so to do, shall neglect to take such oath on or before the day on
which he is to enter upon the discharge of the duties of his office, or shall,
for twenty days after the beginning of his term of office, fail to give such
bond with such security as may be required of him by the council of said
town, he shall be considered as having declined said office, and the same
shall be deemed vacant, and such vacancy shall be filled as prescribed in
this act or by the general laws of this State.

§ 15. Presiding officer; voting; salary.

The mayor shall preside over the council, and shall vote on matters
before council only in the case of a tie vote among members of council.

He shall receive a salary, to be fixed by council payable as the council
may direct. * The mayor shall not receive any compensation * for
other services rendered the town except the salary fixed by the council. *

S 16. Chief executive officer, execution of bylaws and ordinances;
reports.

The mayor shall be chief executive officer of the town and it shall be
his duty to see that bylaws and ordinances thereof are fully executed. *
He may make such reports and recommendations to council as he may
deem practical.
§ 17. * Vice Mayor.

* The council shall elect a * Vice Mayor, to be chosen by a
majority of the council present at a legal meeting, who shall possess the
same powers and discharge the municipal duties of the mayor during *
his absence or inability.

§ 19. Salary of councilmen.

The town council is hereby authorized and empowered, by ordinance
passed by the affirmative recorded vote of two-thirds of the full member-
ship thereof, to provide and fix salaries for its members, * to be payable
in such amounts and at such time or times as it may direct.

The council may provide and fix the salaries for its members * for
each regular meeting of council attended by members, and may prescribe
that no member shall receive any compensation for any meeting of said
council not attended by such member.

And in the event said salaries shall be provided and fixed within three
months from the date of the commencement of the terms of office of said
members, the council is further empowered to make salaries relate back
to and become payable from the commencement of the terms of its mem-
bers.

Salaries, when provided and fixed, shall be payable out of the general
funds of the town when approved for payment by council.

The meetings of the council.

The council shall by ordinance adopt such rules as it might deem
proper for the regulation of its proceedings and shall meet at such times
as may be prescribed by ordinance, provided, however, that it shall hold
at least one regular meeting each month. A majority of the council shall
constitute a quorum for the transaction of business, but no ordinance or
resolution shall be adopted having for its object the levying of taxes or
contracting a debt except by the affirmative recorded vote of two-thirds of
council. The mayor, or any other * two members of the council, may
call a special meeting of the council upon at least twelve hours written
notice of the time, place, and purpose to each member served personally
or left at his usual place of business or residence by the town sergeant,
and no business shall be transacted by the council in such special meeting
which has not been stated in the notice, provided, however, that these
regulations shall not apply when all members of the council attend such
meeting or waive notice thereof, nor shall it apply to an adjourned session
from a regular meeting. No ordinance or resolution appropriating money
exceeding the sum of five hundred dollars, imposing taxes, or authorizing
the borrowing of money, shall be passed by the council on the same day
on which it is introduced, nor shall any such ordinance or resolution be
valid until at least three days intervene between its introduction and the
date of passage. No ordinance or resolution appropriating money exceed-
ing the sum of one hundred dollars, imposing taxes or authorizing the
borrowing of money, shall be passed except by the recorded affirmative
vote of two-thirds of council. The meetings of the council shall be public,
unless the council by a recorded affirmative vote of two-thirds of its mem-
bers shall declare that the public welfare demands an executive session
of the council; and citizens may have access to the minutes and records
of the council at any reasonable time.

§ 21. What constitutes a quorum; reconsideration or rescission of
vote at special meetings.

* Four councilmen shall constitute a quorum for the transaction of
business, except as herein or by the general statutes of this state otherwise
provided. But no vote shall be reconsidered or rescinded by any special
meeting, unless at such special meeting there be present as large a number
of members of the council as were present when such a vote was taken.

§ 28.1. Additional powers. The powers set forth in §§ 15.1-888
through 15.1-907 of Chapter 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 Blacksburg.

§ 28.2. Additional powers; condemnation. The town shall also have,
mutatis mutandis, the rights, privileges and obligations set forth tn §§
88-70.1 through 38-70.11, inclusive, as amended, of the Code of Virgin,
applicable to the Virginia State Highway Department and Commissioner,
with respect to all lawful purposes for which the town is permitted to
exercise the power of eminent domain, as made and provided in §§ 15.1-
897, 15.1-898, 15.1-899, and 15.1-900 of Chapter 18 of Title 15.1 of the Code
of Virginia, as in force on January one, nineteen hundred sixty-eight.

Certificates issued pursuant to §§ 33-70.8 to 38-70.11, 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 manager. 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 §§ $3-70.1 through 38-70.11, 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.

§ 29. Appointment of Police generally. Emergency appointments.

The town council shall have the power and authority to appoint a chief
of police and such additional police officers * as it may deem necessary
or proper, to prescribe rules and regulations for the government thereof,
to prescribe uniforms and badges of officers therefor, and to prescribe their
rate of pay; and in addition thereto the mayor, or in his absence, the *
Vice Mayor of the council, or in the absence of both, any councilman,
shall have the power and authority whenever the regular police force of the
town is inadequate to meet the needs of the occasion to appoint and swear
in such additional or special policemen as he may deem requisite for a
term of service not to exceed ten days, and at such compensation as the
council may fix for special policemen. The duties and powers of such
special policemen shall be the same as that of * the regular police force.
Until the town council shall appoint a chief of police the town sergeant
shall perform the duties of such office.

§ 35. Establishment and maintenance of public utilities.

The town council shall have power and authority to acquire or other-
wise obtain control of or establish, maintain, operate, extend and enlarge
waterworks, sewage disposal systems, gasworks, electric plants, and other
public utilities within or without the limits of the town; and to acquire
within or without the limits of the town by purchase, condemnation or
otherwise, whatever land, easements and rights of way may be necessary
for acquiring, locating, establishing, maintaining, operating, extending
and enlarging said waterworks, sewage disposal systems, electric plants
and other utilities, and the rights of way, rails, pipes, poles, conduits and
wires connected therewith or any of the fixtures or appurtenances thereof ;
promulgate and enforce reasonable rates, rules and regulations for use of
the same, any or all of which rates, rules and regulations the council may
alter at any time without notice.

The council may discontinue * any service to any * customer
who defaults in payment for such service within the time prescribed by
the council for the payment thereof, for so long as such default continues.

§ 45. Obstructions or encroachments.

The town may prevent any unlawful obstruction of or encroachment
over, under or in any street, highway, road, alley, bridge, viaduct, subway,
underpass or other public way or place; may prevent the obstruction of
the view along any street or intersection; may provide penalties for main-
taining any such unlawful obstruction or encroachment; may remove the
same and charge the cost thereof to the owner or owners, occupant or
occupants of the property so obstructing or encroaching, and collect the
cost in any manner provided by law for the collection of State or local
taxes; may require the owner or owners, occupant or occupants of the
property so obstructing or encroaching to remove the same; pending such
removal, may charge the owner or owners of the property so obstructing
or encroaching compensation for the use of such portion of the street,
highway, road, alley, bridge, viaduct, subway, underpass or other public
way or place obstructed or encroached upon the equivalent of what would
be the tax upon the land so occupied if it were owned by the owner or
owners of the property so obstructing or encroaching, and, if such removal
shall not be made within the time ordered, impose penalties for each and
every day that such obstruction or encroachment is allowed to continue
thereafter; may authorize encroachments upon such public ways and
places subject to such terms and conditions as the town may prescribe,
but the owner or owners, occupant or occupants shall be liable for negli-
gence on account of such encroachment; and may institute and prosecute
a suit or action in ejectment or other appropriate proceedings to recover
possession of any such public way or place or any other property of the
town unlawfully occupied or encroached upon.

§ 46. Establishment, equipment and beautification of parks, play-
grounds, and boulevards.

The town council shall have the power and authority in its discretion
to establish and maintain parks, playgrounds and boulevards, and cause
the same to be laid out, equipped and beautified, and to establish and
administer recreational programs in connection therewith.

§ 51. Town treasurer.

There shall be appointed by the council a town treasurer who shall
hold office during the pleasure of the council. Any vacancy in this office
shall be promptly filled by the council. The said treasurer shall be the
disbursing agent of the town and have the custody of all money and all
evidences of value belonging to the town or held in trust by the town. He
shall receive all money belonging to and received by the town and keep
correct accounts of al] receipts from all sources and of all expenditures of
all departments. He shall collect all taxes and assessments, water rents,
and other charges belonging to and payable to the town and for that
purpose he is hereby vested with powers similar to those which are now
or may hereafter be vested in county and town treasurers for the collection
of county, town and State taxes under the general law; he shall keep,
disburse and deposit all money or funds in such manner and in such places
as may be determined by ordinance or the provisions of the law applicable
thereto. He shall pay no money out of the treasury except in the manner
prescribed by this charter or by ordinance or the general law; he shall
perform such duties as are usually incident to the office of commissioner
of revenue in relation to the assessment of property for town taxation and
town license taxes and shall have power to administer oaths in the per-
formance of his official duties; and shall make such reports and perform
such other duties not inconsistent with the office as may be required by
this charter or by ordinance or resolution of the council. The treasurer
may, when the public convenience is served thereby, delegate the authority
to collect any funds payable to the town for the furnishing of sewer, water
or garbage services by designating any person or persons for such purpose
whether or not such person or persons be the treasurer or a deputy or
regular employee of same. The treasurer shall not be entitled to any com-
mission for handling the funds of the town but shall be paid such salary
as may be provided by the council, and before entering upon the duties of
his office shall execute a bond in such amount and with such security as
the council by ordinance may prescribe. The treasurer shall be subject to
the supervision of the * town manager of the Town of Blacksburg and
shall perform such other duties not inconsistent with his office as may be
required of him by the town council; and he shall make all such reports
as may be required by the council. The treasurer and clerk may be one
and the same person if the council may deem it more expedient.

§ 53.1. Municipal Court.

There shall be within the Town of Blacksburg a municipal court
which shall be called the “Municipal Court of the Town of Blacksburg’’
and which shall have criminal jurisdiction to try violations of town ordt-
mances and which shall have such civil jurisdiction and powers as are
conferred on such courts by general law.

There shall be a judge of the Municipal Court of the Town of Blacks-
burg and such associate or substitute judge as may be deemed necessary
by the town council. Such judges shall be appointed by the council for
terms of two years, and vacancies in the office of the judge, associate
or substitute judge shall be filled by the council for the unexpired term.
The judge shall have all powers conferred on such judges by general law
including the power to appoint a clerk of such court who shall have the
powers conferred on such clerks by the general law.

§ 53.2. Issuing Justices. The town council may by resolution of a
majority of its members appoint some other person or persons who shall be
known as issuing justices, and invest in them the authority to issue
warrants and summon witnesses involving violations of town ordinances
and code. The issuing justices shall be appointed for a term of one year
and may be removed by council in its sole discretion.

§ 60. Municipal assessment.

The rate of or the assessment of real and personal property in the
town for the purpose of municipal taxation * may either be set by the
town council in such manner as the council may provide in accordance
with the Constitution and the general laws of the Commonwealth, or may,
in the discretion of the council, be the same as the rate of and assessment
for the purpose of county taxation * and where the commissioner of
revenue for the town knows of property that has been omitted by the
commissioner of revenue of the county from his books, the commissioner
of revenue of the town may by the same proceedings as are provided for
county commissioners of revenue in similar cases assess such omitted
property, real or personal, for taxation.

2 3 and 58 of Chapter 127 of the Acts of Assembly of 1964,
approved March 2, 1964, are repealed.
3. An emergency exists and this act is in force from its passage.