CHAPTER 99

An Act to provide a new charter for the town of Big Stone Gap in the
county of Wise, Virginia, and to repeal Chapter 180, Acts of Assembly
of 1982, approved March 10, 1982, which provided a charter for the
town of Big Stone Gap, and all amendments thereof. CH 249]

Approved March 3, 1966

Be it enacted by the General Assembly of Virginia:

ARTICLE I

CREATION
1. § 1-1: INCORPORATION: The inhabitants of the territory com-
prised within the limits of the town of Big Stone Gap, as the same are
now or may hereafter be established by law, shall continue to be a body
politic and corporate under the name of the town of Big Stone Gap and
as such shall have perpetual succession, may sue and be sued, contract and
id contracted with, and may have a corporate seal which it may alter at

pleasure.

§ 1-2: BOUNDARIES: The boundaries of the town shall be the
boundaries of the town of Big Stone Gap, its predecessor as established by
Chapter 130, Acts of Assembly of 1932, approved March 10, 1932, as
amended by ordinance of the town council of the town of Big Stone Gap,
adopted November eleven, nineteen hundred forty-seven.

ARTICLE II
CORPORATE POWERS

§ 21: GENERAL POWERS: The town of Big Stone Gap shall
and may exercise all powers which are now or may hereafter be
conferred upon or delegated to cities and towns under the Constitution and
laws of the Commonwealth, and all other powers pertinent to the conduct
of municipal government, the exercise of which is not prohibited by the
Constitution and laws of the Commonwealth, and which in the opinion of
the council are necessary to promote the general welfare of the inhabitants
of the town. The powers set forth in §§ 15.1-837 through 15.1-915 of the
Code of Virginia as in force on January one, nineteen hundred sixty-six,
are hereby conferred on and vested in the town of Biz Stone Gap. It is
mtended that the town shall possess all powers which, under the Constitu-
tion, it would be competent for this charter to enumerate specifically, and
no enumeration of particular powers shall be held to be exclusive, but in
addition to this general grant.

The powers which are now or may hereafter be conferred upon or
delegated to the town under the Constitution and laws of the Common-
wealth and this charter shall be construed liberally when such powers are
exercised by the town and in case of doubt as to the existence of a power
such doubt shall be resolved in favor of the town.

§ 2-2: FINANCIAL POWERS: The town of Big Stone Gap shall
have the power to raise annually by taxes and assessments in said town
such sums of money as the council thereof shall deem necessary for the
purposes of the town, and in such manner as the council may deem expe-
dient in accordance with the Constitution and general laws of the Com-
monwealth and of the United States, and to expend, the money of said
town for all lawful purposes.

§ 23: SPECIAL ASSESSMENTS: The town of Big Stone Gap
shall have the power to impose special or local assessments for local
improvements and to enforce the payment thereof, subject to the limita-
fons prescribed by the Constitution and laws of the Commonwealth as
may be in force at the time of the imposition of such special or local
assessments.

§ 24: BORROWING POWER: The town of Big Stone Gap may

indebtedness by issuing its negotiable bonds and notes for the pur-
poses and in the manner provided in the Constitution and general laws of
the Commonwealth. No bonds shall be issued by the town except, by ordi-
nance adopted by a majority of all members of the council and approved
by the affirmative vote of a majority of the voters of the town voting
in the election. ;

2-5: EMINENT DOMAIN: The town of Big Stone Gap is hereby
empowered to acquire by condemnation or otherwise, property, ‘Yeal or
personal, or any interest or estate therein, either within or without its
corporate limits, for any of its proper purposes, and may sell, lease,
manage, and control such property as its interests require, and in such
manner as council deems expedient. oo, gp

_ The foregoing provision shall not be construed to give to the town
council the power to sell or convey the town’s water system, or other
public works, or the lands, or any part thereof, constituting the watershed,
now owned or used in connection with the town’s water system, -without
first being authorized to do so by a majority vote of the qualified voters in
said town in an election held for the purpose of determining whether such
sale or conveyance should be made. ne
_ § 2-6: ORDINANCES: The town of Big Stone Gap shall have the
power to enact and enforce ordinances to carry into effect all powers
granted by this charter. '

ARTICLE III

THE COUNCIL

§ 8-1: COMPOSITION: The town of Big Stone Gap shall be gov-
erned by a town council which shall be composed of six members who
shall be qualified voters of the town. -

§ 3-2: ELECTION: The members of the council in office at the
effective date of this charter are hereby continued in office for the terms
for which they were elected. On the second Tuesday in June, 1967, there
shall be elected six councilmen from the town at large, to be held at the
Town Hall or such other place in said town as may be designated by the
council of the town; and biennially thereafter there shall be held an
election of a mayor and six councilmen of the said town on the second
Tuesday in June at such place and under such rules and regulations and
subject to such provisions as the council may prescribe. , i

The term of office of the mayor and councilmen to be elected as pro-
vided in the preceding section of this act shall be for two years from the
first day of September next succeeding their election, and until their
successors have been duly elected and qualified.

§ 3-3: TERM: All councilmen shall take office on the first day of
September next following their election.

§ 3-4: COMPENSATION: The council may by ordinance authorize
the payment of an annual salary to councilmen, subject to such limitations
as may be imposed by the general laws of the Commonwealth.

§ 3-5: VACANCIES: Vacancies on the council shall be filled for the
unexpired portion of the term by a majority vote of the remaining members
of the council.

§ 3-6: POWERS: All powers of the town of Big Stone Gap as a
body politic and corporate shall be vested in the town council. .

§ 3-7: VICE MAYOR: The council shall at its first meeting in
September, 1967, and every second year thereafter, elect from its member-
ship a vice mayor, who shall serve as mayor whenever the mayor is ill,
absent or otherwise unable to discharge the duties of his office.

§ 8-8: TOWN ATTORNEY: The council may appoint a town at-
torney whose term of appointment, duties, and compensation shall be
prescribed by the council.

§ 3-9: CLERK: The council shall appoint a clerk whose term of
appointment, duties, and compensation shall be prescribed by the council.
§$ 41: REGULAR MEETINGS: The council shall meet in regular
session at least twice each month.

§ 4-2: SPECIAL MEETINGS: The council shall provide for the
ealling of special meetings by the mayor or vice mayor, the town manager,
or any four members of the council, and shall prescribe the method of
giving notice thereof, provided such notice shall contain a statement of the
specific item or items of business to be transacted, and no other business
shall be transacted at such meetings except by the unanimous consent of
all the members of council; provided, however, that a special meeting may
be held at any time without notice if all members of the council attend
said meeting or waive notice thereof.

§ 43: QUORUM: A majority of the members of the council shall
constitute a quorum for the transaction of business.

§ 44: OPEN MEETINGS: No ordinance, resolution, motion or
vote shall be adopted by the council except at a meeting open to the public
and unless it shall have received the affirmative votes of the majority of
the members p

§ 45: VOTIN( G: No vote shall be reconsidered or rescinded at any
special meeting unless at such special meeting there are present as large a
number of members as were present when such vote was taken.

§ 46: CONFLICT OF INTEREST: No member of the council
shal] participate in the vote on any ordinance, resolution, motion, or other

ing in which he, or any person, firm, or corporation for which he is
attorney, officer, director, employee, or agent has a financial interest other
than as a minority stockholder of a corporation or as a citizen of the town.
ARTICLE V
THE MAYOR |

§ 5-1: ELECTION AND TERM: On the second Tuesday in June
1967, and every two years thereafter; there shall be elected from the town
at large a mayor, who shall be a qualified voter of the town and who shall
serve for a term of two years.

§ 5-2: DUTIES: The mayor shall preside over the meetings of the
council and shall have the same right to speak therein as councilmen,
however, he shall not have the right to vote except in the case of a tie,
m which event he shall be entitled to cast one vote. He shall be recognized
as the head of the town government for all ceremonial purposes, the pur-
poses of military law and the service of civil process. He shall have juris-
diction to try all violations of town ordinances, and inflict such punish-

ment and impose such fines as may be prescribed for a violation of the
same. The mayor shall, by virtue of his office, possess all the jurisdiction
and exercise all the power and authority of a justice of the peace in civil
and criminal cases arising in said town, or within one mile of the corporate
limits thereof:

§ 5-3: COMPENSATION: The council may by ordinance authorize
the payment of an annual! salary to the mayor, subject to such limitations

os may y be i imposed by the general laws of the Commonwealth.
ARTICLE VI
THE MANAGER

§ 61: APPOINTMENT: There shall be a town manager who shall
be the chief executive officer of the town and shall be responsible to the
eouncil for the proper administration of the town government. He shall
be chosen by the council without regard to his political beliefs and solely
on the basis of his executive and administrative qualifications. He shall
be appointed for an indefinite period and shall hold office during the
§ 6-2: EMPLOYEES: The town manager shall appoint for an in-
definite term the heads of all departments and all other officers and em-
ployees of the town, with the approval of the council. The manager shall

ve the power to remove any officer or employee appointed by him.
§ 6-3: DUTIES AND POWERS: The town manager shall also
have” the following duties and powers:

(a) 7 see that all laws and ordinances are enforced.

(b) To exercise supervision and control over all administrative de-
partments and divisions.

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

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

(e) To execute all contracts on behalf of the town.

(f) Ee prepare and submit to the council the annual budget.

(g) To keep the council advised as to the present and future needs
of the town and as to all operations of its government.

(h) To perform all such other duties as may be prescribed by the
charter, or be required of him by the council.

ARTICLE VII
FINANCIAL ADMINISTRATION

§ 7-1: FISCAL YEAR: The fiscal year for the town of Big Stone
Gap shall begin on July 1, and end June 30 of the following year.

§ 7-2: BUDGET: Not later than the first day of May annually, the
town manager shall prepare and submit to the council a budget presenting
a financial plan for conducting the affairs of the town for the ensuing fiscal
year. Such budget shall be set up in the manner provided by law and shall
include such information as the council by ordinance or resolution may
require. Hearings on the budget shall be held and notice thereof given ana
the budget adopted in accordance with the general laws of the Common-
wealth, provided that the tax levy for each fiscal year shall be made, and
the budget for each fiscal year shall be adopted prior to the first day of
the fiscal year for which made or adopted.

ARTICLE VIII
POST AUDIT
§ 8-1: ANNUAL AUDIT: After the close of each fiscal year the
council shall cause to be made an independent audit of the accounts, books,
records and financial transactions of the town by an independent ac-
countant to be selected by the council. The report of such audit shall be
filed within such time as the council shall specify and one copy thereof
shall be always available for public inspection in the office of the town
manager during regular business hours.

ARTICLE IX
CONTINUATION AND REPEAL PROVISIONS

§ 9-1: REPEAL OF FORMER CHARTER: All former charters
and amendments thereto for the town of Big Stone Gap, Virginia, are
hereby repealed.

§ 9-2: SUCCESSION TO RIGHTS AND DUTIES: The town of
Big Stone Gap shall succeed to all the rights, duties, obligations, and con-
tracts of the former town of Big Stone Gap, Virginia.

§ 9-8. ORDINANCES SHALL REMAIN IN FORCE: All ordi-
nances of the former town of Big Stone Gap not inconsistent with this
charter shall remain in full force and effect until amended or repealed by
the town council.

§ 9-4: CONTINUITY OF TERMS OF OFFICERS: The officers of
the town of Big Stone Gap who were in office immediately prior to the
adoption of this charter shall remain in office until the expiration of their
several terms and until their successors have been duly elected and

§ 9-5. SAVING CLAUSE: In the event that any portion, section,
or provision of this charter shall be declared illegal, invalid, or uncon-
stitational by final judgment of any court of competent jurisdiction such
judgment shall not invalidate any other portion, section, or provision
hereof, but all parts of this charter not expressly held to ‘be invalid shall
remain in full force and effect.
2 Chapter 130, Acts of Assembly of 1932, approved March 10, 1932, and
all amendments thereof, are hereby repealed.
3. An emergency exists and this act is in force from its passage.