CHAPTER 477

An Act to amend and reenact § 2 of Article IT, §§ 7, 8, 11, 18, and 14 of
Article IV, § 7 of Article VI and § 2 of Article VIII of Chap. 288
of the Acts of Assembly of 1952, approved March 8, 1952, which pro-
vided a charter for the town of Poquoson, the sections relating re-
spectively to powers of the town, adoption of ordinances, appointment
of officers, payment of claims by school board, and composition of
planning commission.

[H 245]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

That § 2 of Article II, §§ 7, 8, 11, 18 and 14 of Article IV, § 7 of
ticle VI and § 2 of Article VIII of Chap. 238 of the Acts of Assembly
1952, approved March 8, 1952, be amended and reenacted as follows:

ARTICLE II

§ 2. In addition to the powers granted by other sections of this
arter the town is empowered:

(a) To raise annually by levy of taxes and assessments in the town
all property, real and personal, as is now or may be subject to taxation
towns by the laws of this Commonwealth, such sums of money as the
incil shall deem necessary for the purposes of the town, in the manner
the council shall deem expedient, subject to the Constitution and general
y of the Commonwealth.

(b) To impose special or local assessments for local improvements
1 to enforce payment thereof, subject to such limitations prescribed by
» Constitution and laws as may be in force at the time of the imposition
such special or local assessments.

(c) To require the owner of every motor vehicle kept or habitually
od in the town, on a date to be designated by the council, to annually
rister such motor vehicle and to obtain a license to operate the same by
king application to the town treasurer, or such other person as may
designated by the council to issue said license, and to require the
1icle owner to pay an annual license fee therefor to be fixed by the
incil provided that the license shall not exceed one-half the amount
urged by the State on the said vehicle, except * any vehicle registered
th the Division of Motor Vehicles * as a truck, in which case the license
411 not exceed the amount charged by the State on the said vehicle.

(d) To establish, levy, and collect, except when prohibited by general
y, a tax or license on any person, firm or corporation, except motor
1icle carriers of passengers or property liable for and which pay the
id tax calculated on gross receipts prescribed by § 58-638 of the Code,
rsuing or conducting any trade, business, profession, occupation,
ployment or calling whatsoever within the boundaries of the town,
ether a license may be required therefor by the State or not, and may
‘eed the State license, if any be required and may provide penalties for
ipayment thereof.

(e) To establish, levy and collect taxes for admission to or other
irge for any public amusement, entertainment, performance, exhibition,
ture, sport or athletic event in the town, which taxes may be added to
1 collected with the price of such admission or other charge.

(f) To establish, levy, and collect taxes upon the amount paid for
. use of water, electricity, gas, telephone or other public utility service
1d within the town, which taxes may be added to and collected with the
Is rendered the purchasers of such service.

(g) To establish, levy, and collect a tax on all subjects of taxation
; prohibited to it by, nor exempted in, the Constitution and general
ys of Virginia and the Constitution of the United States of America.

ARTICLE IV

§ 7. The enacting clause of all ordinances passed by the council shall
“Be it ordained by the council of the TOWN OF POQUOSON”. No
ordinance, unless it be an emergency measure, shall be passed until it has
been read at two regular meetings or one regular and one special meeting,
or two special meetings, not less than seven days apart in any case, unless
the requirement of such reading has been dispensed with by the affirma-
tive vote of four of the members of the council. No ordinance or section
thereof shall be revised or amended by its title or section number only, but
the new ordinance shall contain the entire ordinance, or section as revi

or amended. The ayes and nays shall be taken upon the passage of all
ordinances or resolutions and entered upon the journal of the proceedings
of the council and every ordinance or resolution shall require, on final
passage, the affirmative vote of at least three of the members.

§ 8. All ordinances and resolutions passed by the council shall be
in effect from and after thirty days from the date of their passage, except
that the council may, by the affirmative vote of three-fifths of its members
present, pass emergency measures to take effect at the time indicated
therein. Ordinances appropriating money for any emergency may be
passed as emergency measures, but no measure providing for the sale or
lease of town property, or making a grant, renewal, or extension of a
franchise or other special privilege, or regulating the rate to be charged
for its service by any public utility, shall be passed as an emergency
measure.

§ 11. At the first meeting in * September following each council-
manic election, or as soon thereafter as practicable the council shall
appoint the officers provided for in this section and §§ 12 and 18. * The
council shall appoint a town manager, who shall be the administrative and
executive head of the municipal government. He shall be chosen by the
council without regard to political beliefs and solely upon the basis of his
executive and administrative qualifications. At the time of his appoint-
ment he need not be a resident of the town or the Commonwealth but
during his tenure of office shall reside within the town. He shall be
appointed for an indefinite period and shall hold office during the pleasure
of the council. He shall receive such compensation as shall be provided by
the council by ordinance or resolution. He may be bonded as the council
may deem necessary. During the absence or disability of the town man-
ager or in case of a vacancy, the council may designate some properly
qualified person to perform the duties of the office during such absence,
disability, or vacancy. No councilman shall receive such appointment dur-
ing the term for which he shall have been elected, nor within one year
after the expiration of his term. Neither the council nor any of the mem-
bers shall direct or request the appointment, as hereinafter provided, of
any person to office by the town manager or by any of his subordinates.
Except for the purpose of inquiry, the council and its members shall deal
with the administrative service solely through the town manager and
neither the council nor any member thereof shall give orders to any sub-
ordinate of the town manager, either publicly or privately. The town
manager shall have the authority and it shall be his duty :

(1) To see that all laws, ordinances, resolutions, and by-laws of the
council are faithfully enforced.

(2) To appoint such officers and employees, as the council shall
determine and authorize as are necessary for the proper administration
of the affairs of the town with the power to discipline and remove any
such officer or employee, but he shall report each appointment of any
officer having supervisory or administrative authority to the council for
confirmation at the next meeting thereof following any such appointment.

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

(4) To recommend to the council for adoption such measures as he
may deem necessary or expedient.
(5) To make reports to the council from time to time upon the
affairs of the town and to keep the council fully advised of the town’s
financial condition and its future financial needs.

(6) To prepare and submit to the council a tentative budget for the
next fiscal year as provided by general law and by this charter.

(7) To make all contracts on behalf of the town pursuant to a reso-
lution or an ordinance of the council and to act as town purchasing agent.

To supervise and control all encumbrances, expenditures and dis-
bursements to insure that budget appropriations are not exceeded.

§ 13. The council shall appoint a town clerk, who may also be the
town manager for an indefinite term. He shall receive such compensation
as provided by the council. He shall have the following duties:

(a) To be the custodian of the corporate seal.

(b) To give notice of council meetings.

(c) To keep a journal of council proceedings.

(d) To authenticate by his signature and record in full in a book kept
for the purpose all ordinances and resolutions.

(f) To prepare all statements for monies owed the town for supplies
or services rendered.

(g) To perform such other duties as may be prescribed or requested
by the council.

§ 14. The council may appoint an attorney for the town for an in-
definite term, who shall be an attorney at law licensed to practice * law
in Virginia and who shall be a resident of the town. He shall receive such
compensation and fees as shall be provided by the council by ordinance or
resolution. He shall have the following powers and duties:

(a) To be the legal advisor of the council, the town manager and of
all departments, boards, commissions and agencies of the town, including
the school board, in all matters affecting the interests of the town and
shall upon request furnish a written opinion on any question of law in-
volving their respective official powers and duties.

(b) To prepare, at the request of the town manager or any member
of the council, ordinances for introduction and, at the request of the
council or any member thereof, shall examine any ordinance after intro-
duction and render his opinion as to the form and legality thereof.

(c) To draw or approve all bonds, deeds, leases, contracts or other
instruments to which the town is a party or in which it has an interest.

(d) To represent the town as counsel in any civil case in which it is
interested and in any criminal case when so requested by the town council.

ARTICLE VI

§ 7. Such town school board shall have power: (a) To call meet-
ings of the people of the town for consultation in regard to the school in-
terests thereof, at which meetings the chairman or some other member of
the board shall preside if present.

(b) To provide suitable schoolhouses, with proper furniture and ap-
pliances, and to care for, manage, and control the school property of the
town. For these purposes, it may lease, purchase, or build such houses
according to the exigencies of the town and the means at its disposal.

(c) To visit the public free schools within the town, from time to
time, and to take care that they are conducted according to law, and with
the utmost efficiency.

(d) To manage and control the school funds of the town, to provide
for the pay of teachers and of the clerk of the board, for the cost of pro-
viding the schoolhouses and the appurtenances thereto and the repairs
thereof, the school furniture and appliances, for necessary textbooks for
indigent children attending the public free schools, and for any other
expenses attending the administration of the public free schoo! system,
so far as the same is under the control or at the charge of the school offi-
cers.

(e) To examine all claims against the school board, and when ap-
proved, to order or authorize the payment thereof. A record of such ap-
proval, order or authorization shall be made in the proceedings of the
board. Payment of each claim shall be ordered or authorized by a * check
drawn on the treasurer or other officer of the town charged by law with
the responsibility for the receipt, custody and disbursement of the funds
of the town. The * check shall be signed by the chairman or vice chairman
of the board and countersigned by the clerk or deputy clerk thereof, pay-
able to the person or persons, firm or corporation entitled to receive such
payment. There shall be stated on the face of the * check the purpose or
service for which such payment is drawn and also that such * check is
drawn pursuant to an order entered or authority granted by the board on
11: day Of oun The * check may be converted into a ne-
gotiable check when the name of the bank upon which the funds stated
in the * check are drawn or by which the check is to be paid is designated
upon its face and is signed by the treasurer, or other officer of the town
charged by law with the responsibility for the receipt, custody and dis-
bursement of the funds of the town.

(f) To submit its budget estimates to the town manager for trans-
mittal to the council no later than the tenth day of March of each year in
the form prescribed by the State Board of Education. The action of the
council and the town manager on the school budget shall relate to its total
only and the school board shall have authority to expend in its discretion
the sums appropriated for its use, provided that if it receives an appro-
priation greater or less than its original request it shall forthwith revise
its estimates of expenditure and adopt appropriations in accordance there-
with. The school board shall, before the beginning of the fiscal year, file
with the town treasurer its budget as finally revised and its appropriations
based thereon. The school board shall have the power to order, during the
course of the fiscal year, transfers from one item of appropriation to an-
other, notice of which shall be transmitted immediately to the town treas-
urer.

(zg) To appoint one of its members to represent the First Corporate
School District on the York County School Board.

(h) To perform such other duties as shall be prescribed by the State
Board of Education or are imposed by general law.

ARTICLE VIII

§ 2. There shall be a town planning commission consisting of * five
citizen members, who shall be qualified voters of the town appointed for
a term of six years, one of whom may be a member of the Board of Zoning
Appeals and who shall hold office for a term concurrent with his term on
said board. Citizen members appointed previous to the effective date of
this charter shall continue to serve as members of the commission until
the expiration of the terms for which they were appointed. Vacancies on
the commission shall be filled by the council. Members of the town planning
commission shall serve as such without compensation.

2. Anemergency exists and this act is in force from its passage.