CHAPTER 167

An Act to provide a new charter yur the Town of Timberville, in the
county of Rockingham, and to repeal the existing charter of the town,
and all other acts inconsistent with this act.

‘mi ti: a ae a
Be it enacted by the General Assembly of Virginia:
1. § 1. The inhabitants of the territory embraced within the present
limits of the town of Timberville, as hereinafter defined, or as the same
may be hereafter altered or established by law, shall constitute and con-
tinue a body politic and corporate, to be known and designated as the town
of Timberville, and as such shall have and may exercise all powers which
are now, or may hereafter be, conferred upon or delegated to towns under
the Constitution and laws of the Commonwealth of Virginia as fully and
as completely as though all such powers were specifically enumerated
erein.

§ 2. The territory embraced within the present limits of the town

of Timberville is described in Chapter 329, Acts of Assembly of 1893-94,
approved February 21, 1894, as enlarged by an order entered by the Circuit
Court of Rockingham County May 18, 1950, recorded in the Clerk’s Office
of said Court in Common Law Order Book No. 23, page 154.
§ 3. The administration and government of the town shall be vested
In a council which shall consist of seven members, six of whom shall be
denominated the councilmen and one to be denominated the mayor, all of
whom shall be residents and qualified voters of the town. Each councilman
may receive a salary for his services as such, the amount thereof to be
fixed by the council, but in no event to be in excess of one hundred dollars
per year.

§ 4. The councilmen and the mayor shall be elected by the qualified
voters of the town on the second Tuesday in June, nineteen hundred sixty-
two, and every two years thereafter, in the manner prescribed by law. The
present mayor and councilmen shall continue in office until the expiration
of the terms for which they were respectively elected, and until their suc-
cessors take office. The council may elect one of their number vice-mayor
to act in the place and stead of the mayor in the latter’s absence. The term
of office of the vice-mayor, if there be one, shall be the same as that provided
for the mayor.

§ 5. The council shall, by ordinance, fix the time for its regular
meetings. Special meetings shall be called by the clerk of the council upon
the written request of the mayor or any three councilmen. At least twelve
hours written notice shall be given to the other members of the council of
the purpose, place and time of any such special meeting. Special meetings
may also be held at any time without notice, provided all members of the
council are present. No business shall be transacted at any such special
meeting which is not stated in the notice calling the same, unless all mem-
bers of the council attend the meeting or waive notice thereof.

§ 6. The council shall appoint a clerk and a treasurer, and may ap-
point a town attorney and such other officers and create such boards and
departments as it deems necessary or proper, and define their duties and
functions. Such officers so appointed shall hold office during the pleasure
of the council, shall give such bonds as the council requires, and shall
receive such compensation as the council prescribes. The same person may
hold two or more of such offices, in the discretion of the council.

§ 7. The council shall appoint a sergeant who shall qualify as pro-
vided by law, and give bond in such amount as the council requires. The
sergeant shall be a conservator of the peace, and shall have the same
powers and perform the same duties within the corporate limits of the
town and to a distance of one mile bevond the same, as were formerly had
and performed by constables. He shall perform such other duties and re-
ceive such compensation as the council prescribes, and shall hold office
during the pleasure of the council.

§ 8. The mayor shall be a conservator of the peace, and shall, un-
less and until a police justice is appointed as hereinafter provided, have
power to issue warrants and summon witnesses, and exclusive original
jurisdiction to try cases involving violations of town ordinances, or the
collection of town taxes or assessments, or any other form of debts owing
to the town, and shall have like powers in the matter of collecting fines
and costs imposed by him, as are vested by law in judges of county courts.
The fees and costs in connection with such cases shall be the same as are
authorized by law to be charged, taxed and collected by judgés of county
courts for similar services, and such fees, and all fines collected by the
mayor shall be promptly paid by him into the town treasury, unless the
council by ordinance directs some other disposition thereof; provided that
the council may, at any time it deems the same expedient, appoint a police
justice for the town, who shall be a resident and qualified voter of the
town, or of Rockingham County, shall give such bond as the council re-
quires, shall serve during the pleasure of the council, and shall receive
such compensation as the council prescribes.

_In the event of the appointment of such police justice, he shall have,
during such time as he serves, and to the exclusion of the mayor the same
powers and jurisdiction as are hereinabove conferred upon and vested in
the mayor, and shall exercise the same in like manner as they are above
authorized and directed to be exercised by the mayor.

§ 9. The powers set forth in §§ 15-77.2 through 15-77.70 of the
Code of Virginia as in force on January 1, 1962, are hereby conferred on
and vested in the town of Timberville.

§ 10. The town is empowered (a) to regulate the holding of shows,
carnivals, fairs and other similar public exhibitions, or to prohibit the
holding of same, or any of them, within its corporate limits or within one
mile thereof; (b) except as prohibited by general law, to impose and col-
lect a license tax for the privilege of doing within the town, anything upon
which the State imposes a license tax; provided that the town may, unless
expressly prohibited by general law, impose a higher license tax on any
such thing, than that imposed by the State on the same thing, the amount
of the license tax imposed by the town to be, in each instance, in the dis-
cretion of the council.

§ 11. (a) The council may appoint a town manager who shall be
the chief administrative officer of the town and shall be chosen solely on
the basis of his executive and administrative qualifications, and shall have
some knowledge of civil, mechanical and electrical engineering. He need
not, when appointed, be a resident of the town or of the State of Virginia,
but shall during his term of office, reside within the corporate limits of
the town, and shall be appointed for such term as he and the council
agree upon, not to exceed two years, but in any event, to end with the
term of the council making the appointment. The town manager may be
suspended or removed by the council for any cause it deems sufficient,
provided that no order of suspension or removal shall be made until after
he shall have been given at least five days’ notice in writing, stating the
cause for such suspension or removal and fixing a day when he may be
heard thereon. The action of the council, suspending or removing the
town manager, shall be final. The council may place the control and super-
vision of the police force of the town under either the mayor or the town
manager.

(b) Except as otherwise provided in this charter, the town manager
may, with the consent of the council, appoint or employ, and remove or dis-
charge, such officers, employees and assistants as he deems necessary to
carry on the work of such departments of the town as are committed to
him by the council, in all their respective details, in an economical and
satisfactory manner. The salary or compensation, and the terms of office
or employment of such officers, employees and assistants shall be fixed by
the town manager, subject to approval by the council; and his actions in
all respects shall be subject to review by the council, and he shall be
accountable to the council only.

§ 12. No plat of any subdivision within the corporate limits of the
town or within two miles thereof shall be recorded in the clerk’s office of
Rockingham County unless and until it shall have been approved by the
council, and the council shall not approve any plat of any such subdivision
unless the streets, alleys or other roadways provided for therein are of
such widths and grades and are so located as to, in the opinion of the
council, meet the probable traffic needs in the reasonably near future.
Before approving any such plat, the council may, in its discretion, require
the owner of the land so subdivided to enter into an agreement in writing,
and to give satisfactory security for the performance thereof, to the effect
that he will, when and as the same becomes necessary, grade and surface
the streets, alleys or roadways shown thereon, in such manner as to meet
with the approval of the council.

The approval of any such plat by the council shall not be construed
or held to impose any obligation upon the town to grade or surface such
streets, alleys, or roadways unless and until the same is, in the opinion of
the council, for the best interest and general welfare of the town and its
inhabitants.

§ 13. All ordinances now in force in the town of Timberville, not

inconsistent with this charter, shall be and remain in full force and effect
until altered, amended or repealed by the council of the town, after the
effective date of this act.
2. That Chapter four hundred fifty-five, Acts of Assembly, 1883-84, ap-
proved March 17, 1884, and Chapter three hundred twenty-nine, Acts of As-
sembly, 1893-94, approved February 21, 1894, both chapters incorporating
the town of Timberville, and all amendments thereof, are repealed; and all
other acts and parts of acts inconsistent with any of the provisions of this
act, are repealed to the extent of such inconsistencies.

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