CHAPTER 28

An Act to provide a charter for the town of Crargsville.
[fH 62]

Approved February 17, 1960

Be it enacted by the General Assembly of Virginia:

1. §1. The inhabitants of the territory embraced within the limits of
the town of Craigsville as hereinafter defined or as the same may be here-
after altered or established by law shall constitute and continue a body
politic and corporate, to be known and designated as the town of Craigs-
ville, and as such shall have and may exercise all powers which are now,
or hereafter may be conferred upon or delegated to towns under the Con-
stitution and laws of the Commonwealth of Virginia, as fully and completely
as though such powers were specifically enumerated herein. No enumera-
tion of particular powers by this charter shall be held to be exclusive.

The town shall have, exercise and enjoy all the rights, immunities,
powers and privileges and be subject to all the duties and obligations now
appertaining to and incumbent on said town as a municipal corporation,
and 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.

The territory embraced within the limits of the town of Craigs-
ville is as follows:

All that territory set forth on a map made by John McNair and
Associates, Engineers, dated November seventeen, nineteen hundred fifty-
eight, and revised January twenty-one, nineteen hundred fifty-nine, which
map is on file in the circuit court of Augusta county.

Such territory is further described by metes and bounds in an order
of the circuit court of Augusta county signed October thirty-one, nineteen
hundred fifty-nine, which order incorporates the town of Craigsville. |

§ 3. The present mayor and councilmen of the town of Craigsville
shall continue in office until the expiration of the term for which they were
elected, or until their successors are duly elécted and qualified.

§ 4. On the second Tuesday in June, nineteen hundred sixty, and
every two years thereafter, there shall be elected by the qualified voters
of the town, one elector of the town, who shall be denominated mayor and
five other such electors who shall be councilmen and constitute the town
council. They shall enter upon the duties of their offices on the first day of
September next succeeding their election and shall continue in office until
their successors are duly elected and qualified. Every person so elected
shall take an oath faithfully to execute and discharge the duties of his
office to the best of his judgment and the mayor shall take the oath pre-
scribed by the law for State officers. The failure of any person elected or
appointed under the provisions of this charter to qualify or to take the
oath required, within the time prescribed for entering upon the discharge
of the duties of the office to which he is elected or appointed, shall vacate
such office, and the council shall proceed and is hereby vested with power
to fill such vacancy in the manner herein prescribed.

§ 5. There shall be appointed for the town a registrar and officers
of election in the manner provided for by general law. All elections held in
the town shall be conducted in accordance with general law; the electorate
shall be that prescribed by general law.

§ 6. The council shall be judge of the election, qualification and re-
turn of its members, subject to review by the circuit court of Augusta
county; may fine them for disorderly conduct and, with the concurrence
of two-thirds, expel a member. If any person returned be adjudged dis-
qualified, or be expelled, a new election to fill the vacancy shall be held on
such day as the council prescribes. Any vacancy occurring otherwise during
the term for which such person was elected shall be filled by the council
by the appointment of anyone eligible to such office. In the event of the
failure of the council to fill such vacancy within fifteen days, the circuit
court of Augusta county shall make such appointment to fill the vacancy.
A vacancy in the office of mayor shall be filled by the council from the
electors of the town and any member of the council may be eligible to fill
such vacancy.

§ 7. A majority of the members of the council shall constitute a
quorum for the transaction of business.

Each member of the council may receive a salary to be fixed by
the council, payable at such time and in such manner as the council may
direct, but the salary paid to any one member during any year shall not
exceed the sum of one hundred twenty dollars per annum. The mayor may
receive a salary to be fixed by the council, payable in such manner and at
such times as the council may direct, not to exceed the sum of five hundred
dollars per annum.

§ 9. The mayor shall preside at the meetings of the council and
perform such other duties as are prescribed by this charter and by general
law and such as may be imposed by the council consistent with his office.
He shall take care and see that the by-laws, ordinances, acts and resolutions
of the council are faithfully executed and obeyed. He shall be ex officio
conservator of the peace within the town and within one mile of its
corporate limits. He shall see that peace and good order are preserved and
that persons and property within the town are protected. He shall authenti-
cate by his signature such documents and instruments as the council, this
charter, or the laws of the Commonwealth require. He shall from time to
time recommend to the council such measures as he may deem needful
for the welfare of the town.
§ 10. The council shall, as soon as practicable after qualification, and
biennially thereafter following the regular town election, appoint one of
its members as vice-mayor. The vice-mayor, during the absence or dis-
ability of the mayor shall perform the duties and be vested with all the
power, authority and jurisdiction of the mayor; in the event of a vacancy
for any reason in the office of mayor, he shall act as mayor until a mayor
is duly appointed by the town council or is elected. The member of the
council who shall be chosen vice-mayor shall continue to have all the rights,
privileges, powers, duties and obligations of councilman even when per-
forming the duties of mayor during the absence or disability of the mayor
of the town.

§ 11. The council shall, by ordinance, fix the time and place for their
regular meetings, which shall be held at least once a month. Special meet-
ings may be called by the clerk at the instance of the mayor or any three
members of the council in writing; no other business shall be transacted at
a special meeting except that stated in the call, unless all members be
present and consent to the transaction of such other business. The meetings
of the council shall be open to the public except when, in the judgment of
the council, the public welfare requires executive meetings.

§ 12. The council shall keep a minute book, in which its clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed.

§ 18. The council shall appoint at its first regular meeting in Septem-
ber after its election, a clerk of the council who shall hold office at the
pleasure of the council. He shall attend the meetings of the council and keep
its minutes and records and have charge of the corporate seal and shall
attest the same. He shall keep all papers required to be kept by the council,
shall publish reports and ordinances as are required to be published and
shall perform such other duties as the council may require. His compen-
sation shall be fixed by the council. Any vacancy in this office shall be filled
by the council.

§ 14. The council may adopt rules for regulating its proceedings,
but no tax shall be levied, or corporate debt contracted, except by a re-
corded two-thirds vote of all the members elected to the council or ap-
propriation of money exceeding the sum of one hundred dollars be made,
except by a recorded affirmative vote of a majority of all the members
elected to the council.

§ 15. The council shall appoint at its first meeting in September,
or as soon as practicable thereafter, a treasurer who shall hold office for
a term of two years. The council may provide a salary for the treasurer.
He shall give such bond, with surety and in such penalty as the council
prescribes. He shall receive all money belonging to the town, and keep
correct accounts of all receipts from all sources and of all expenditures of
all departments. He shall be responsible for the collection of all taxes,
license fees, levies and charges due to the town, and shall disburse the
moneys of the town in the manner prescribed by the council as it may by
ordinance direct. The treasurer shall make such reports and at such time as
the council may prescribe. The books and accounts of the treasurer shall
be examined and audited at such times as the council may direct, such
examination and audit to be reported to the council.

§ 16. The council may designate the place of deposit of all town
funds, which shall be kept by the treasurer separate and apart and not
commingled with any personal or other accounts.

§ 17. The council may appoint at its first regular meeting in Septem-
ber or as soon as practicable thereafter, a town sergeant, who shall also be
chief of police and have all the powers vested in town sergeants by general
law. He shall hold office at the pleasure of the council. His duties shall be
such as the council prescribes. He shall be vested with the powers of a
conservator of the peace: His compensation shall be fixed by the council.

18. The council may appoint a police justice for the town pursuant
to § 16.1-7 of the Code of Virginia, who shall be a resident of Augusta
county, and who shall serve a term of two years or until his successor 1s
appointed and qualified. The police justice is hereby invested with the right
and authority to issue warrants, summon witnesses and try cases involving
violations of town ordinances; and he shall be compensated in such manner
and amount as the council may provide. .

The conduct of all proceedings and trial and disposition of cases by or
before the police justice and the fees and costs assessed by him shall be
the same as provided by general law relating to county courts. All fees,
costs and fines imposed and collected by the police justice shall be paid
into the town treasury unless the council by ordinance directs some other
disposition thereof. Appeals from the decisions of the police justice shall
be allowed and taken in the manner provided by general law for appeals
from county courts, and shall be to the circuit court of Augusta county.

The council shall provide a courtroom for the conduct of such proceed-
ings and trials, and for necessary records, equipment and supplies incident
thereto. The council may appoint a police court clerk to serve at the pleasure
of the council, to assist the police justice and who shall after appointment
and qualification be empowered to grant bail in matters within the trial
jurisdiction of the police justice.

If there be appointed a police justice, the council may also appoint a
substitute police justice for the town who shall have the same residence
qualifications as the police justice, and whose appointment, qualification and
term shall be the same as the police justice. In the event of the disability
of the police justice to perform the duties of his office due to sickness,
absence, unavailability, vacation, or otherwise, the substitute police justice
shall be vested with and may exercise all the rights and authority of the
police justice, and he shall be compensated in such manner and amount as
the council may provide.

Notwithstanding the provisions of this section for the appointment
of a police justice and a substitute police justice, the council by ordinance
may invest the mayor as such with all or any part of the rights, authority,
duties and functions prescribed for the police justice, to exercise the same
and act when the office of the police justice is vacant, or in the event of
the disability of the police justice and the substitute police justice, if there
be one, to perform the duties of his office due to sickness, absence, unavail-
ability, vacation or otherwise. In any such event, the clerk mentioned above
in this section shall have the same duties and powers as there specified.

§ 19. In addition to the officers of the town specifically provided for
herein, the council may appoint such other officers, including a town clerk
who may be the same person as the clerk mentioned in § 13 of this charter,
as it may deem necessary, and define the duties, fix the compensation, set
the qualifications and terms of office and require proper bonds of each. The
council may provide for the payment of bond premiums for the official bond
of any of its officers.

§ 20. All ordinances, resolutions and by-laws passed by the council
shall take effect at the time indicated in such ordinances, resolutions or
by-laws, but in event no effective date shall be set forth in any such
ordinances, resolutions or by-laws passed by the council, the same shall
become effective thirty days from passage.

21. The town of Craigsville shall have every power contained in
8§ 15-77.1 through 15-77.70, inclusive, of the Code of Virginia as in force
on January one, nineteen hundred sixty.

§ 22. No actions shall be maintained against the town for damages
for any injury to any person or property, or for wrongful death, alleged
to have been sustained by reason of the negligence of the town or any
officer, agent or employee thereof unless a written statement 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 re-
ceived shall have been filed with the mayor or town attorney within sixty
days after such cause of action shall have occurred, except 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
and twenty days, and no officers, agents, or employees of the town shall
have authority to waive such conditions precedent or any of them. _

§ 23. Nothing contained in this act shall be construed to invalidate
or to, in any manner, affect the present existing indebtedness and liabilities
of the town of Craigsville, whether evidenced by bonded obligations or
otherwise.

_. § 24. All ordinances in force in the town of Craigsville not incon-
sistent with this charter shall be and remain in force until altered, amended
or repealed by the council.

§ 25. This act may for all purposes be referred to or cited as the
Town of Craigsville Charter of nineteen hundred sixty.

§ 2 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. An emergency exists and this act is in force from its passage.