Chap. 411.—An ACT to amend and re-enact Section 13 of an act entitled ‘An act to
incorporate the town of Pennington Gap, in the county of Lee.”’, approved March

28, 1902, as heretofore amended, relating to the levying of taxes in said town;
and to amend said act by adding thereto a new section numbered section 11-a,
providing for a town manager if a majority of the qualified voters of the town,
voting on the question, approve the same at an election to be held on the ques-
tion, and defining his powers and duties if and when the town may have a town

_ manager. [H B 392]

Approved April 1, 1940

1. Be it enacted by the General Assembly of Virginia, That
section thirteen of an act entitled ‘“‘An act to incorporate the town of
Pennington Gap, in the county of Lee.”’, approved March twenty-
eighth, nineteen hundred and two, as heretofore amended, be amended,
and that said act be amended by adding thereto a new section to be
numbered section eleven-a, which new section, and the said section
thirteen as amended, shall read as follows:

Section 11-a. From and after the approval thereof by the ma-
jority of the qualified voters of the town, voting on the question at an
election to be held as hereinafter provided for, the town shall have a
town manager, who shall be elected by the council.

The town manager shall be the administrative and the executive
head of the municipal government. He shall be chosen by the council
solely on the basis of his executive and administrative qualifications.
The choice shall not be limited to inhabitants of the town or State.
He shall be appointed for an indefinite period and shall serve at the
will of the council; provided, however, that he may not be removed
without a public hearing or written charges prior to his final removal,
if he so desire, but during such hearing the council may suspend him
from office. During the absence or disability of the town manager
the council shall designate some properly qualified person to perform
the duties of the office. He shall be responsible to the council for the
proper administration of all affairs of the town coming within his
jurisdiction under this charter, the general law or the ordinances or
resolutions of the council.

The town manager shall have all the power and authority that is
now vested in town managers under the statutes of Virginia for such
cases made and provided, or as same may be hereinafter prescribed,
and shall appoint the sergeants, deputies, policemen, clerks, and other
employees not otherwise herein provided for, including a clerk who
shall be ex-officio recorder and clerk of the council and town, and
remove the same, and fix the salaries thereof, which salaries shall be
subject to approval of the council.

He shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) To appoint and fix the salaries of all such additional town
officers and employees as may be determined are necessary for the
proper administration of the town by him with the approval of the
council, which officers and employees may be removed by the town
manager; but the town manager shall report each removal and ap-
pointment of any officer or employee to the town council at the next
meeting thereof following any such appointment or removal; to see
that all terms and conditions imposed in favor of the town or its in-
habitants in any public utility franchise or any contract are faithfully
kept and performed; upon knowledge of any violation thereof to call
attention to the same to the council, whose duty it shall be forthwith
to direct such steps as are necessary to protect and enforce the same.

(c) To exercise supervision and control over all departments and
divisions created therein, or that may be hereinafter created by the
council and have general supervision over all public improvements,
works and undertakings, except as otherwise provided in this charter.

(d) To attend all meetings of the town council with the right
to take part in the discussion but having no vote.

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

(f) To prepare the annual budget and keep the town council fully
advised as to financial conditions and needs of the town.

(g) To make all such contracts in behalf of the town as may be
authorized by this charter, or in accordance with the provisions of the
appropriation made by the council or under continuing contracts or
loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council. ,

(h) Unless and until otherwise provided by the council, he shall
act as town purchasing agent.

(i) To perform such other duties as may be prescribed by this
charter to be required of him by ordinance or resolution of the town
council.

Upon the filing in the circuit court of Lee County, or with the judge
thereof in vacation, of a petition signed by at least ten per centum of
the qualified voters of the town of Pennington Gap, requesting a
referendum on the question whether or not said town shall have a
town manager, the said court, or judge, shall, by an order entered of
record in the common law order book of said court, direct the regular
election officers of said town to open a poll and take the sense of the
qualified voters of the town on said question, on such day as may be
designated in said order, provided that if a special election is ordered,
it shall not be less than thirty days nor more than ninety days after
the entry of said order, nor within thirty days of any general election,
and such notice of said election shall be given as the said court or
judge may direct.

The ballots for said election shall be prepared, distributed and
voted, and the returns thereof canvassed and certified in accordance
with the provisions of section one hundred and ninety-seven-a of the
Code of Virginia. If the result of said election shall be in favor of
said town having a town manager, the foregoing provisions of this
section, relating to the appointment of a town manager, and his
powers and duties, shall become and be effective from and after the
date of entry of the court order certifying such result of said election.

Section 13. The town council may levy and provide for the col-
lection of such taxes as it may deem proper on all property, real and
personal, within said town, subject to local taxation under general
law, so that the same does not exceed one dollar and fifty cents on the
one hundred dollars assessed value; to impose a specific license on all
shows, performances and exhibits that may be given in or within one
mile of the corporate limits of said town; may impose a license tax on
all business on which the State imposes a license tax; may impose a
license tax on the sale of all merchandise or other manufactured articles
that may be offered for sale by any person not permanently located
and doing a regular business in said town; and the officials of said town
shall have the same power to collect taxes within the corporate limits
of said town that the county officials now have under the general laws
of this State; provided that nothing herein contained shall be con-
strued to permit the imposition or levy of any license fee or tax on any
subject of licensing or taxation, if such imposition or levy by cities and
towns is prohibited by general law.

Provided that the town council shall, for the purpose of creating a
sinking fund and to pay interest on any bonds of said town of Pen-
nington Gap, issued for the purpose of constructing, installing, and
erecting a water system and sewer system for said town or issued for
the purpose of construction, laying, grading, repairing or laying out
streets and alleys within said town or for the purpose of building,
constructing, repairing, or extending sidewalks, curbing and guttering
in said town, levy an additional tax, over and above the one dollar
and fifty cents on the one hundred dollars, mentioned in paragraph
one of this section, sufficient to pay any interest and provide a sinking
fund for such bonds; but this proviso shall not be construed to require
said town council to lay and levy said additional tax whenever the
revenue derived from the operation and sale of water shall be sufficient
to pay all interest and provide for a sinking fund for the redemption
of said bonds when due.

An emergency existing, this act shall be in force from its passage.