CHAPTER 53

An Act to provide a charter for the town of Lovettsville, in Loudoun
County, Virginia, and to repeal Chapter 184, of the Acts of Assembly
of 1876, approved March 27, 1876, which act incorporated the town
of Lovettsville.
[H 34]

Approved February 26, 1968

Be it enacted by the General Assembly of Virginia:

CHAPTER 1.
General Provisions.
1. § 1-1. Definition of municipality. oo

Wherever the word “municipality” or “Municipal” appears in this
charter, it shall be construed to refer to the Corporation of Lovettsville,
Virginia.

§ 1-2. Corporate Status; powers and privileges generally.

The Corporation of Lovettsville, in Virginia, in the county of Loudoun,
shall continue to be a town corporate in the name and style of the town
of Lovettsville, in Virginia, and as such shall have and may exercise the
powers and privileges conferred upon it by this charter and which are
now, or may be hereafter delegated to towns in accordance with the
Constitution or laws of the Commonwealth of Virginia.

§ 1-8. Corporate limits.

The corporate limits or boundaries of the municipality, unless and
until changed in the manner prescribed by law, shall be the same as set
forth in Deed Book 6 M, at Page 406, et seq., in the Clerk’s Office of the
Circuit Court of Loudoun County, Virginia.

§ 1-4. Corporate seal.

The municipality may provide for the adoption of its corporate seal.

§ 1-5. Elections generally.

All elections shall be conducted pursuant to and in accordance with the
general law governing the holding of elections in towns.

CHAPTER 2.
Municipal Council Generally; Mayor;
Mayor Pro Tempore; Powers and Duties.

§ 2-1. Legislative powers in municipal council.

The legislative powers of the municipality shall be vested in a munic-
ipal council, consisting of seven members, one of whom in addition
shall be a mayor, who shall be elected as specified herein. Each member
shall be an elector of the municipality.

§ 2-2. Election of council; composition; terms of office.

On the second Tuesday in June, 1969, there shall be elected by the
qualified voters of the municipality six members of the municipal council.
The three candidates receiving the highest number of votes in such election
shall be elected for a term of four years, beginning September 1, 1969, and
until their successors are elected and qualified. The three candidates re-
ceiving the next highest number of votes in such election shall be elected
for a term of two years, beginning September 1, 1969, and until their
successors are elected and qualified. On the second Tuesday in June, of
each odd-numbered year following 1969, there shall be elected, for a term
of four years, beginning September 1, of the year of their election, and
until their successors are elected and qualified, a number of candidates as
members of the municipal council, equal to the number of terms expiring
on September 1, following such election.

§ 2-38. Election of mayor; term of office and mayor pro tempore.

On the second Tuesday in June, 1969, there shall be elected by the
qualified voters of the municipality, a mayor for a term of two years,
beginning September 1, 1969, and until his successor is elected and quali-
fied. On the second Tuesday in June of each odd-numbered year following
1969, the mayor shall be elected, for a term of two years, beginning
September 1, of the year of his election, and until his successor is elected
and qualified.

‘Lhe mayor shall preside at all meetings of the council and he shall be
a regular member of the council.

He shall be recognized as the head of the municipal government for
all ceremonial purposes, the purpose of military law and the service of
Civil process.

The mayor shall authenticate by his signature such documents and
instruments as the council, Constitution or general laws require.

In the absence or disability of the mayor, the council shall appoint
a mayor pro tempore to serve during such absence or disability with the
Same powers and duties.

The mayor shall be the chief executive officer of the town unless a
manager is appointed as hereafter provided.

§ 2-4. Clerk of the Council.

The council may appoint a clerk of the council whose duties shall be
prescribed by the council.

§ 2-5. Meetings.

All meetings of the council shall be public unless the council by a
recorded affirmative vote of two-thirds of its members present shall de-
clare that the public welfare requires an executive session. No official
action shall be taken by the council while in executive session.

§ 2-6. Vacancies in office of councilmen.

Vacancies in the office of councilmen for whatever cause shall be filled
for the unexpired portion of the term by majority vote of the remaining
members of the council. If the council shall fail to fill a vacancy, such
vacancy shall be filled by appointment of the judge of the Circuit Court of
Loudoun County, Virginia, upon notice to the court by petition filed by the
mayor or any councilman.

§ 2-7. Rules of proceeding.

The council may by ordinance adopt such rules as it may deem proper
for the regulation of its proceedings and the time of its meetings.

It shall hold at least one regular monthly meeting.

CHAPTER 3.
Powers Generally.
§ 8-1. Adoption of state law provisions.

The powers set forth in §§ 15.1-887 through 15.1-907 of Chap-
ter 18 of Title 15.1 of the Code of Virginia as in force on January l,
1968, are hereby conferred on and vested in the town of Lovettsville.

§ 8-2. Salaries and wages.

Compensation for members of the council, mayor and all officers and
employees shall be set by the council, and the compensation for council-
men shall not exceed three hundred dollars per annum. The council may
pay the mayor compensation for his services as mayor in addition to the
compensation received as a council member, but this additional compen-
sation shall not be in excess of three hundred dollars per annum.

§ 8-8. Power of municipality to acquire land or interest therein for

change with public utility company.

Whenever any public utility company owns any land or any easement,
right of way or other interest in land which the municipality deems neces-
sary and intends to acquire for any public purpose, which land, easement,
right of way or other interest in land owned by a public utility company
is devoted to a public use, the municipality may acquire by gift, purchase
or by the exercise of the power of eminent domain additional or a like
easement, right of way or interest in land adjacent to or approximately
adjacent to such land needed and proposed to be acquired by the munici-
pality and may then convey the same to the public utility company for
use by it in lieu of the land, easement, right of way, or other interest in
land theretofore owned by it but needed by the municipality. The con-
demnation of such land, easement, rights of way or other interest in land
to be conveyed to any public utility company shall be governed by the
same procedure prescribed by this charter and may be carried out at the
same time if against the same property owner and if against the same
landowner or in the same proceedings in which land is condemned for the
municipality.

§ 8-4. Utility rates.

The municipality shall have the power and right to charge a different
rate for any utility service rendered or convenience furnished without
the corporate limits from the rates charged for similar services within
the corporate limits.

CHAPTER 4.
Zoning.

§ 4-1. Zoning administrator.

The council shall appoint the zoning administrator to serve at its
pleasure, be paid such comnensation and perform such duties as may be
prescribed by the council. The zoning administrator shall administer and
enforce the zoning ordinances, and does not have to be a resident of the
town during his term of office.

§ 4-2. Board of Zoning Appeals.

The council shall appoint the members of the Board of Zoning Appeals,
which shall consist of not less than five members nor more than ten mem-
bers, and prescribe their terms of office and qualifications therefor.

CHAPTER 5.
Town Manager.

§ 5-1. Appointment, qualifications, terms, removal.

The administrative and executive powers of the municipality except
where in conflict with other provisions of this charter, including the
power of appointment of officers and employees, may be vested in a
town manager. The town manager need not, when appointed, be a resident
of the municipality or the State. The town manager shall hold office during
the pleasure of the council.

§ 5-2. General Duties.

The town manager shall:

(1) See that within the municipality the laws, ordinances, resolutions and
bylaws of the municipality are faithfully executed;

(2) Attend all meetings of the council and recommend for adoption such
measures as he shall deem expedient;

(3) Make reports to the council from time to time upon the affairs of the
municipality.

(4) Keep the council fully advised of the municipality’s financial condition
and its future financial needs;

(5) Prepare and submit to the council a tentative budget for the next
fiscal year; and

(6) Perform such other duties as may be prescribed by the council not in
conflict with this charter.

§ 5-8. Powers as to municipal officers, employees, etc.

All officers and employees of the municipality, as the council shall
determine are necessary for the proper administration of the municipality,
shall be appointed and may be removed by the manager, with the consent
of the sonnel previously obtained (except as otherwise provided by this
charter).
§ 6-1. Creation of Office.

There is hereby created the office of issuing justices for the munici-
pality.

§ 6-2. Appointments.

The council may appoint not more than two issuing justices who are
qualified electors of the town and who shall hold office at the pleasure of
the counci]. The council may fill any vacancy in the office of issuing justice.

§ 6-8. Powers.

The issuing justices so appointed shall have power to issue warrants
for arrest for violation of municipal ordinances, and civil warrants in
cases in which the police justice has jurisdiction, the power to issue sub-
poenas or other processes the same as could be issued by the police justice
and, in the absence of the police justice, shall have the power to admit to
bail in any case where the police justice could admit to bail, but any
warrant, summons or process issued by such issuing justices for violation
of a municipal] ordinance shall be returnable before the police justice or
the substitute justice of the municipality.

§ 6-4. Compensation; costs.

Compensation shall be paid to any such issuing justices by the munici-
pality as provided by the council.

For the issuance of any warrant, subpoena, or other process and for
admitting any person to bail, such issuing justices shall charge the same
fees and costs as are provided in like cases by general law, which fees,
costs and cash bail shall be paid to the clerk of the police court, or treas-
urer of the town, if no clerk has been appointed.

§ 6-5. Procedure for issuing warrants, etc.

The procedure for issuing warrants, service of process, return of a
warrant, examination, bail, arrest. commitment and recognizances as pro-
vided by general law shall be followed by the issuing justices and police
officers of the municipality.

CHAPTER 7.
Police Court.
§ 7-1. Generally.

There shall be a police court of the municipality which court shall
have original jurisdiction of all cases involving violations of the provisions
of this charter and of all ordinances of the municipality and of cases
instituted for the collection of the municipal taxes or other debts due and
owing the municipality. The trial officer presiding over the police court
shal] be known as the police justice of the municipality and shall have the
right and authority to issue warrants, summon witnesses and try all cases
arising within the jurisdiction of the court. The police justice and substi-
tute police justice shall be appointed by the council and the substitute
police justice shall serve in the absence of the police justice and shall have
the same power and authority of the police justice. The police justice and
substitute police justice need not be a resident of the municipality. The
mayor may be appointed to serve as police justice or substitute police
justice and receive a salary therefor in addition to his salary as council-
man and mayor. The council shall prescribe the terms of office, the salary
to be paid, the oath to be subscribed to by the police justice and substitute
police justice and the bond to be given. The council may provide a clerk
for the police court to serve at the pleasure of the council or such clerical
assistance as it deems necessary, and prescribe the duties and fix the com-
pensation of all such employees. All provisions with respect to venue,
process and order of publication, and procedure in county courts shall be
applicable to all cases instituted in and heard in the police court. The pro-
cedure in and appeals from such court shall be as provided by general law
for county courts. The fees in such courts shall be as provided for by
general law for county courts. All fees and fines imposed by the trial
officer shall be paid into the treasury of the municipality.

CHAPTER 8.
Taxation.

§ 8-1. Treasurer.

The council shall appoint a municipal treasurer, who shall serve at
the pleasure of the council. The treasurer shall receive such compensation
and give such bond as may be prescribed by the council, and perform such
duties as may be prescribed by the council and as are prescribed by
general law.

§ 8-2. Commissioner of revenue; appointment; duties.

The council shall appoint a commissioner of revenue who shall have
the same power and duties provided by the Constitution and general law
for commissioners of revenues for counties, who shall serve at the pleasure
of the council.

§ 8-8. Combining both offices; appointment of deputies.

The office of Commissioner of Revenue and Treasurer may be held by
the same individual at the same time and the council may appoint deputy
treasurers and commissioners of revenue at its discretion.

CHAPTER 9.
Continuation Provisions; Severability;
Repealing Provisions; Effective Date.

§ 9-1. Ratification and continuation of ordinances, privileges, rights,

etc.

All ordinances and resolutions heretofore made and adopted by the
municipality, not in conflict with this charter, are hereby ratified and
confirmed and shall be and remain in full force and effect until altered,
amended or repealed by the council of the municipality.

And all the rights, privileges and property of the municipality here-
tofore acquired, now owned or enjoyed shall continue undiminished and
remain vested in the municipality. ,

§ 9-2. Continuation of present offices, etc.

All officers and employees heretofore elected or appointed shall remain
in office and continue in their employment and be vested with the powers
and duties heretofore imposed upon them by the council or by operation
of law or heretofore imposed upon them under the provisions of this act
until] their successors are duly elected or appointed as provided by law or
until action is taken by this municipality as set forth in § 15.1-845,
Code of Virginia, as in force on January 1, 1968, provided, however, that
the treasurer issuing justices, and recorder at the time of the passage of
this act shall continue in office with the same duties and powers until
September 1, 1969, or until their successors are elected or appointed and
qualified.

§ 9-8. Severability.

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. Chapter 184, Acts of Assembly, 1876, approved March 27, 1876, and
all amendments thereto, are hereby repealed.
3. An emergency exists and this act is in force from its passage.