CHAPTER 560

An Act to amend and reenact §§ 7,-8, 9, 29, 82, 88, 45 and 51 of Chapter
428, as amended, of the Acts of Assembly of 1986, approved March
80, 1986, being the charter of the town of Vinton, the sections
relating to organization rules of council, the powers and authority of
the mayor, salaries and compensation, public improvement contracts,
appropriation ordinance and levy, the fiscal year, and actions against

the town for damages.
[H 296]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 7, 8, 9, 29, 32, 33, 45 and 51 of Chapter 423, as amended, of
the Acts of Assembly of 1936, approved March 30, 1936, be amended and
reenacted as follows:

§ 7. At seven thirty o’clock, p. m., on the first day of September
following a regular municipal election, or if such day be a Sunday, or legal
holiday, then on the day following, the council shall meet at the usual
place for holding the meetings of the legislative board of the town, at
which time the newly elected councilmen, after first having taken the
oaths prescribed by law, shall assume the duties of their office. There-
after the council shall meet at such times as may be prescribed by ordi-
nance or resolution, except that they shall regularly meet not less than once
each month. The mayor, any member of the council, or the town manager
may call special meetings of the council, at any time (at least twelve
hours), written notice, with the purpose of said meeting stated therein,
to each member served personally or left at his usual place of business or
residence, or such meeting may be held at any time without notice, pro-
vided all members of the council attend. No business other than that
mentioned in the call shall be considered at such meeting.
(b) All meetings of the council shall be public and any citizen may
have access to the minutes and records thereof at all reasonable times.

(c) The council shall elect one of its members as chairman, who
shall be ex officio mayor; also a town manager, a town clerk, a town
attorney, a town treasurer, and a town commissioner of the revenue. The
council shall also appoint the members of such boards and commissions
as are hereinafter provided for. The council may appoint all such other
boards and commissions as may be deemed proper, and prescribe the
powers and duties thereof, under the supervision of the director of the
department pertaining thereto. The council may determine its own rules
of procedure, may punish its own members for misconduct and may compel
attendance of members. It shall keep a journal of its proceedings.
majority of all members of the council shall constitute a quorum to do
business, but a smaller number may adjourn from time to time, and com-
pel the attendance of absentees. All elections by the council shall be viva
voce and the vote recorded in the journal of the council. The council may
at any time, for good cause or reason, abolish any municipal office,
whether the term of office of the incumbent has expired or not.

§ 8. The mayor shall be elected for a term of two years and shall
preside at meetings of the council and perform such other duties con-
sistent with his office as may be imposed by the council and he shall
have a vote and voice in the proceedings but no veto. He shall be the
official head of the town, and he shall be clothed with all the powers
and authority in civil and criminal matters as may be prescribed by the
laws of the State. In times of public danger, or emergency, he, or during
his absence, or disability, then the town manager, may take command
of the police and maintain order and enforce the laws, and for this pur-
pose, may deputize such assistant policeman as may be necessary. *
In the absence or disability of both the mayor and the town manager, then
any member of council first arriving on the scene of the emergency shall
assume control. During the mayor’s absence or disability, except as above
provided, his duties shall be performed by another member appointed by
the council. He shall authenticate by his signature such instruments as
the council, this charter, or the laws of the State shall require.

§ 9. From and after the passage of this act, the salaries of the
councilmen and the chairman, who is ex officio mayor, shall be such as
may be fixed by the council, provided, however, that the salary of no
councilman shall exceed * fifty dollars per month, and that the salary of
the chairman of the council, who is ex officio mayor, shall not exceed the
are of * one hundred dollars per month, in addition to his salary as coun-
cilman.

All charges, costs and fees taxable and collectible by the chairman,
who is ex officio mayor, in the trial of all cases, civil and criminal, when
taxed and collected, shall be paid into the treasury of the town, and the
mayor shall have no personal financial interest therein. The salaries and
compensation of all other officers and employees of this town shall be
such as may from time to time be fixed and prescribed by the council.

§ 29. Any public work or improvement, costing more than one
thousand dollars, shall be executed by contract, except where a specific
work of improvement is, by the council, authorized and directed to be
done by town forces or by force account, such work to be based on detailed
estimates submitted by the department authorized to execute such work
or improvement, and approved by the town manager. * When the cost
of such work shall exceed the sum of one thousand dollars and in the
opinion of council said work shall be done by contract, the contract shall
be awarded to the lowest responsible bidder in such manner and under
such bond as may be prescribed by ordinance and after the town manager
shall have made due advertisement for such time as the council may
prescribe, by newspapers or posted notices. But the town manager shall
have the power to reject all of the bids and advertise again; and all
advertisements shall contain a reservation of this right.

In an emergency requiring immediate action the town manager may
proceed to do the work by procuring the required labor and materials
without the necessity of advertising.

. ™ On the first Monday * of April of each year, * the council
shall lay its levy on all property, real and personal, subject to taxation
for town purposes, and not later than * October tenth following, the
council shall pass its annual appropriation ordinance.

§ 33. Unless and until otherwise provided by ordinance the fiscal
year of the town of Vinton shall begin * October first, and end * Septem-
ber thirtieth.

§ 45. The salaries of the councilmen and mayor as now constituted
shall be and remain the same as now fixed, until the expiration of their
respective terms. Thereafter the salaries of such councilmen and chair-
man, who is ex officio mayor, * shall not be increased or diminished during
the terms of their respective terms of office; provided, however, the salary
of no councilman shall exceed the sum of * fifty dollars per month, and
the salary of the chairman, who is ex officio mayor, shall not exceed the
sum of * one hundred dollars per month in addition thereto. The salaries
and compensation of all other officers and employees of the town shall be
such as may from time to time be fixed and prescribed by the council.

§ 5 No action shall be maintained against the said town for
injury to any person or property or for wrongful death alleged to have
been sustained by reason of the negligence of the town, or of any officer,
agent or employee thereof, unless a written statement by the claimant, his
agent, attorney or representative of the nature of the claim and of the
time and place at which the injury is alleged to have occurred or been
received shall have been filed with the town attorney, or with the mayor
within sixty days after such cause of action shall have accrued, except
that when 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 and twenty days.