CHAPTER 52

An Act to provide a new charter for the town of Purcellville, in the
county of Loudoun and to repeal Chapter 588 of the Acts of Assembly
of 1950, approved April 7, 1950 as amended which chapter pro-
vided a new charter for the town of Purcellville.
Be it enacted by the General Assembly of Virginia:

CHAPTER 1.

General Provisions.
1. § 1.1 Definition of municipality.

Wherever the word “municipality” or “municipal” appears in this
oe it shall be construed to refer to the Corporation of Purcellville,

irginia.

§ 1-2. Corporate Status; powers and privileges generally.

The Corporation of Purcellville, in the county of Loudoun, shall con-
tinue to be a town corporate, in the name and style of the town of Purcell-
ville, and as such shall have and may exercise the powers and privileges
conferred upon it by this charter and which are now, or may be here-
after delegated to towns in accordance with the Constitution or laws of
the Commonwealth of Virginia.

§ 1-3. Corporate limits.

The corporate limits or boundaries of the municipality, unless and
until changed in the manner prescribed by law, shall be the same as set
forth in Deed Book 453, at Page 28, et seq. in the Clerk’s Office of the
Circuit Court of Loudoun County, Virginia.

1-4. Corporate seal.

The municipality may provide for the adoption of its corporate seal

§ 1-5. Elections generally.

All elections shall be conducted pursuant to and in accordance with
the general law governing the holding of elections in towns.

CHAPTER 2.

Municipal Council Generally; Mayor;
Mayor Pro Tempore; Powers and Duties.

§ 2-1. Legislative powers in municipal council.

The legislative powers of the municipality shall be vested in a munici-
pal council, consisting of seven members, one of whom in addition shal
be a mayor, who shall be elected as specified herein. Each member shall be
an elector of the municipality.

§ 2-2. Election of council; composition; terms of office

On the second Tuesday in June, 1969, there shall be elected by the
qualified voters of the municipality six members of the municipal council.
The three candidates receiving the highest number of votes in such elec.
tion shall be elected for a term of four years, beginning September 1.
1969, and until their successors are elected and qualified. The three candi.
dates receiving the next highest number of votes in such election shall be
elected for a term of two years, beginning September 1, 1969, and until
their successors are elected and qualified. On the second Tuesday in June
of each odd-numbered year following 1969, there shall be elected, for ¢
term of four years, beginning September 1, of the year of their election
and until their successors are elected and qualified, a number of candi.
dates as members of the municipal council, equal to the number of term:
expiring on September 1, following such election.

§ 2-8. Election of mayor; term of office and mayor pro tempore.

On the second Tuesday in June, 1969, there shall be elected by the
qualified voters of the municipality, a mayor for a term of two years, be
ginning September 1, 1969, and until his successor is elected and qualified
On the second Tuesday in June of each odd-numbered year following
1969, the mayor shall be elected, for a term of two years, beginning Sep
tember 1, of the year of his election, and until his successor is elected anc
qualified.

The mayor shall preside at all meetings of the council and he shal
be a regular member of the council.
He shall be recognized as the head of the municipal government for all
ceremonial purposes, the purpose of military law and the service of civil
process.

The mayor shall authenticate by his signature such documents and
instruments as the council, Constitution or general laws require.

In the absence or disability of the mayor, the council shall appoint a
mayor pro tempore to serve during such absence or disability with the
same powers and duties.

The mayor shall be the chief executive officer of the town unless a
manager is appointed as hereafter provided.

§ 2-4. Clerk of the Council.

The council may appoint a clerk of the council whose duties shall be
prescribed by the council.

§ 2-5. Meetings.

All meetings of the council shall be public unless the council by a
recorded affirmative vote of two-thirds of its members present shall de-
clare that the public welfare requires an executive session. No official
action shall be taken by the council while in executive session.

§ 2-6. Vacancies in office of councilmen.

Vacancies in the office of councilmen for whatever cause shall be
filled for the unexpired portion of the term by majority vote of the re-
maining members of the council. If the council shall fail to fill a vacancy,
such vacancy shall be filled by appointment of the judge of the Circuit
Court of Loudoun County, upon notice to the court by petition filed by the
mayor or any councilman.

§ 2-7. Rules of proceeding.

The council may by ordinance adopt such rules as it may deem proper
for the regulation of its proceedings and the time of its meetings.

It shall hold at least one regular monthly meeting.

CHAPTER 3.
Powers Generally.

§ 8-1. Adoption of state law provisions.

The powers set forth in §§ 15.1-837 through 15.1-907 of Chap-
ter 18 of Title 15.1 of the Code of Virginia as in force on January 1,
1968 are hereby conferred on and vested in the town of Purcellville.

§ 3-2. Salaries and wages.

Compensation for members of the council, mayor and all officers and
employees shall be set by the council, and the compensation for council-
men shall not exceed three hundred dollars per annum. The council may
pay the mayor compensation for his services as mayor in addition to the
compensation received as a council member, but this additional compen-
sation shall not be in excess of three hundred dollars per annum.

§ 8-8. Power of municipality to acquire land or interests therein for

exchange with public utility company.

Whenever any public utility company owns any land or any easement,
right of way or other interest in land which the municipality deems
necessary and intends to acquire for any public purpose, which land, ease-
ment, right of way or other interest in land owned by a public utility
company is devoted to a public use, the municipality may acquire by gift,
purchase or by the exercise of the power of eminent domain additional or
a like easement, right of way or interest in land adjacent to or approxi-
mately adjacent to such land needed and proposed to be acquired by the
municipality and may then convey the same to the public utility company
for use by it in lieu of the land, easement, right of way, or other interest
in land theretofore owned by it but needed by the municipality. The con-
Jemnation of such land, easement, rights of way or other interest in land
to be conveyed to any public utility company shall be governed by the
same procedure prescribed by this charter and may be carried out at the
same time if against the same property owner and if against the same
landowner or in the same proceedings in which land is condemned for the
municipality.

§ 3-4. Utility rates.

The municipality shall have the power and right to charge a different
rate for any utility service rendered or convenience furnished without
the corporate limits from the rates charged for similar services within
the corporate limits.

CHAPTER 4.

Zoning.

§ 4-1. Zoning administrator.

The council shall appoint the zoning administrator to serve at its
pleasure, be paid such compensation and perform such duties as may be
prescribed by the council. The zoning administrator shall administer and
enforce the zoning ordinances, and does not have to be a resident of the
town during his term of office.

§ 4-2. Board of Zoning Appeals.

The council shall appoint the members of the Board of Zoning Appeals,
which shall consist of not less than five members nor more than ten
members, and prescribe their terms of office and qualifications therefor.

CHAPTER 5.
Town Manager.

§ 5-1. Appointment, qualifications, terms, removal.

The administrative and executive powers of the municipality except
where in conflict with other provisions of this charter, including the power
of appointment of officers and employees, may be vested in a town man-
ager. The town manager need not, when appointed, be a resident of the
municipality or the State. The town manager shall hold office during the
pleasure of the council.

§ 5-2. General Duties.

The town manager shall:

(1) See that within the municipality the laws, ordinances, resolutions and
bylaws of the municipality are faithfully executed;

(2) Attend all meetings of the council and recommend for adoption such
measures as he shall deem expedient;

(8) Make reports to the council from time to time upon the affairs of the
municipality ;

(4) Keep the council fully advised of the municipality’s financial condi-
tion and its future financial needs;

(5) Prepare and submit to the council a tenative budget for the next
fiscal year; and

(6) Perform such other duties as may be prescribed by the council not
in conflict with this charter.

§ 5-8. Powers as to municipal officers, employees, etc.

All officers and employees of the municipality, as the council shall
determine are necessary for the proper administration of the municipality,
shall be appointed and may be removed by the manager, with the consent
of the council previously obtained (except as otherwise provided by this

charter).
CHAPTER 6.
Issuing Justices.
§ 6-1. Creation of Office.
There is hereby created the office of issuing justices for the munici-

pality.
§ 6-2. Appointments.
The council may appoint not more than two issuing justices who are
qualified electors of the town and who shall hold office at the pleasure of
the council. The council may fill any vacancy in the office of issuing justice.

§ 6-8. Powers.

The issuing justices so appointed shall have power to issue warrants
for arrest for violation of municipal ordinances, and civil warrants in
cases in which the police justice has jurisdiction, the power to issue sub-
poenas or other processes the same as could be issued by the police justice
and in the absence of the police justice, shall have the power to admit to
bail in any case where the police justice could admit to bail, but any
warrant, summons or process issued by such issuing justices for violation
of a municipal ordinance shall be returnable before the police justice or
the substitute justice of the municipality.

§ 6-4. Compensation; costs.

Compensation shall be paid to any such issuing justices by the munici-
pality as provided by the council.

For the issuance of any warrant, subpoena, or other process and for
admitting any person to bail, such issuing justices shall charge the same
fees and costs as are provided in like cases by general law, which fees,
costs and cash bail shall be paid to the clerk of the police court, or treas-
urer of the town, if no clerk has been appointed.

§ 6-5. Procedure for issuing warrants, etc.

The procedure for issuing warrants, service of process, return of a
warrant, examination, bail, arrest, commitment and recognizances as pro-
vided by general law shall be followed by the issuing justices and police
officers of the municipality.

CHAPTER 7.

Police Court.

§ 7-1. Generally.

There shall be a police court of the municipality which court shall
have original jurisdiction of all cases involving violations of the provisions
of this charter and of all ordinances of the municipality and of cases
instituted for the collection of the municipal taxes or other debts due and
owing the municipality. The trial officer presiding over the police court
shall be known as the police justice of the municipality and shall have the
right and authority to issue warrants, summon witnesses and try all cases
arising within the jurisdiction of the court. The police justice and substi-
tute police justice shall be appointed by the council and the substitute
police justice shall serve in the absence of the police justice and shall have
the same power and authority of the police justice. The police justice and
substitute police justice need not be a resident of the municipality. The
mayor may be appointed to serve as police justice or substitute police
justice and receive a salary therefor in addition to his salary as councilman
and mayor. The council shall prescribe the terms of office, the salary to be
paid, the oath to be subscribed to by the police justice and substitute police
justice and the bond to be given. The council may provide a clerk for the
police court to serve at the pleasure of the council or such clerical assistance
as it deems necessary, and prescribe the duties and fix the compensation
of all such employees. All provisions with respect to venue, process and
order of publication, and procedure in county courts shall be applicable to
all cases instituted in and heard in the police court. The procedure in and
appeals from such court shall be as provided by general law for county
courts. The fees in such courts shall be as provided for by general
law for county courts. All fees and fines imposed by the trial officer shall
be paid into the treasury of the municipality.

CHAPTER 8.
Taxation.
8 8-1. Treasurer.
The council shall appoint a municipal treasurer, who shall serve
at the pleasure of the council. The treasurer shall receive such compensa-
tion and give such bond as may be prescribed by the council, and perform
such duties as may be prescribed by the council and as are prescribed by
general law.

§ 8-2. Commissioner of revenue; appointment; duties.

The council shall appoint a commissioner of revenue who shall
have the same power and duties provided by the Constitution and general
law for commissioners of revenues for counties, who shall serve at the
pleasure of the council.

§ 8-3. Combining both offices; appointment of deputies.

The office of Commissioner of Revenue and Treasurer may be held
by the same individual at the same time and the council may appoint
deputy treasurers and commissioners of revenue at its discretion.

CHAPTER 9.

Continuation Provisions;
Severability ;

Repealing Provisions; Effective Date.

§ 9-1. Ratification and continuation of ordinances, privileges, rights,

etc.

All ordinances and resolutions heretofore made and adopted by the
municipality, not in conflict with this charter, are hereby ratified and
confirmed and shall be and remain in full force and effect until altered,
amended or repealed by the council of the municipality.

And all the rights, privileges and property of the municipality
heretofore acquired, now owned or enjoyed shall continue undiminished
and remain vested in the municipality.

§ 9-2. Continuation of present offices, etc.

All officers and employees heretofore elected or appointed shall re-
main in office and continue in their employment and be vested with the
powers and duties heretofore imposed upon them by the council or by
operation of law or hereafter imposed upon them under the provisions
of this act until their successors are duly elected or appointed as provided
by law or until action is taken by the municipality as set forth in § 15.1-845,
Code of Virginia, as in force on January 1, 1968; provided, however,
that the treasurer, issuing justices, and recorder at the time of the passage
of this act shall continue in office with the same duties and powers until
September 1, 1969, or until their successors are elected or appointed o
qualified.

§ 9-8. Severability.

If any clause, sentence, paragraph, or part of this act shall for
any reason be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder of the
act, but shall be confined in its operation to the part of the act directly
involved in the controversy in which the judgment shall have been
rendered.

2. Chapter 538, Acts of Assembly, 1950, approved April 7, 1950, as
amended, is hereby repealed.
8. An emergency exists and this act is in force from its passage.