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HomeMy Public PortalAbout1976_12_22_R184 TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED AMENDED RESOLUTION NO. 76-184 ADOPTED A RESOLUTION: December 22, 1976 December 22, 1976 December 22, 1976 PROPOSING AMENDMENTS TO AND REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER OF THE TOWN OF LEESBURG WHEREAS, pursuant to Sec. 15.1-912 of the Code of Virginia 1950, as amended, this Council held a public hearing on proposed amendments to the Charter of the Town of Leesburg beginning at 7:30 P.M., December 22, 1976; and WHEREAS, the citizens of the Town of Leesburg desire amend- ment of the Charter of the Town of Leesburg: NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. A proposed amendment to the Charter of the Town of Leesburg is hereby adopted as follows: CHAPTER An Act to amend and re-enact Sections 2-2, 2-3, 2-6, 3-1, 3-2, 3-4, 4-1, 4-2.1 and 7fl, as severally amended, of Chapter ~33 of the Acts of Assembly of 1962, which provided a charter for the Town of Leesburg in the County of Loudoun; and to amend such chapter by adding Sections 2-8 and 7A-3; and to repeal Sections 2-5, 3-5, 7-2~and 7-3, the amended, added and re- pealed sections relating to town council, adoption of state law provisions, mayor, salaries and wages, utility rates, duties of manager, treasurer, commissioner of revenue, dam- age to property, council meetings, mayor and council ex- penses and the Board of Zoning Appeals. BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA: That Sections 2-2, 2-3, 2-6, 3-1, 3-2, 3-4, 4-1, 4-2.1 and 7-1, as severally amended, of Chapter 433 of the Acts of Assembly of 1962 are amended and re-enacted and that such chapter is amended by adding Sections numbered 2-8 and 7A-3 as follows: -2- § 2-2. Election). composition) terms of office. Councilmembers shall be elected to four-year terms on the first Tuesday in May of every even~numbered year in the manner herein provided. Three councilmembers shall be elec- ted in the municipal elections held in May, nineteen hundred seventy-eight, and in mUnicipal elections held every four years thereafter. Three councilmembers shall be elected in the municipal elections held in May, nineteen hundred eighty, and in municipal elections held every four years thereafter. The members of the council shall take office on the first day of July after their election. Said councilmembers shall continue to discharge the duties of their respective offices until their successors have qualified. The members of the council in office at the effective dat-e of this charter amend- ment are hereby continued in office for the terms to which they were elected. § 2-3. Election of Mayor~ term of office and mayor .prO rem- pore· The mayor in office at the effective date of this charter amendment is hereby continued in office until the first day of July, nineteen hundred seventy-eight. On the first Tuesday in May, nineteen hundred seventy-eight, there shall be elected by the qualified voters of the municipality, a mayor for a term of two years, beginning on the first day of July, nineteen hundred seventy-eight. On the first Tuesday in May of each even-numbered year following nineteen hundred seventy-eight, the mayor shall be elected for a term of two years, beginning on the first day of July of the year of the mayor's election. The mayor so elected shall continue to discharge the duties of the office until a successor shall have qualified. The mayor shall preside at all meetings of the council and shall be a regular member of the council. The mayor shall be recognized as the head of the munici- pal government for all ceremonial purposes, the purpose of military law and the service of civil process. The mayor shall authenticate, by signing, such documents and instruments as the council, Constitution or general laws require. At its first regular meeting after July 1 in the year a mayor is elected, the council shall elect from among its. mem- bers a mayor pro tempore for a term of two years who shall act as mayor during the.mayor's absence or disability. -3- Vacancies in office of councilmember. Vacancies in the office of councilmember 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 in its membership within ninety days of the occurrence of the vacancy, such va- cancy shall be filled by appointment of the Judge of the Cir- cuit Court of Loudoun County, Virginia. § 3-1. Adoption of State law provisions. The powers set forth in §§ 15.1-837 through 15.1-907, of the Code of Virginia as in force on January 1, 1976, are here- by conferred upon and vested in the Town of Leesburg. § 3-2. Salaries, wages and expenses. Compensation for all officers and employees shall be set by the council. §.3-4. Utility rates. The municipality shall have the power and right to charge a different rate for any utility service rendered or conven- ience furnished to users without the corporate limits from the rates charged for similar sez~ice to users within the cor- porate limits. § 4-1. Appointment of Manager. The council shall appoint, by majority vote of all the members elected thereto, an officer of the municipality who shall have the title of Manager, who shall have the powers and perform the duties set forth in this Charter or by ordinance. The manager shall be appointed for an indefinite term. He shall be removable at any time at the pleasure of the council. The action of the council in suspending or removing the mana- ger shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for any such sus- pension or removal in the council. The manager shall be chosen by the council solely on the basis of his executive and administrative qualifications in the profession of public management. At the time of his ap- pointment he need not be a resident of the municipality or State, but during his tenure of office he shall reside in the municipality; provided, however, that in case a nonresident is appointed, the council may authorize a reasonable period to comply with this requirement. -4- § 4-2.1. General powers and duties. The manager shall be the chief executive officer and the head of the administrative agencies of the municipality. He shall be responsible to the council for the proper adminis- tration of the affairs of the municipality and, subject to the provisions of this Charter, he shall have power and be required to: (a) Appoint and when necessary suspend, demote and remove any of the appointive officers and employees of the munici- pality except as otherwise provided in this Charter; (b) Prepare the budget estimates annually, submit them to council, and administer the budget adopted annually; (c) Keep the council informed of the current financial condi- tion and future needs of the municipality; (d) Delegate to subordinate officers and employees of the mu- nicipality any duties conferred upon him by this Charter and by ordinance, and hold them responsible for their faithful discharge; (e) Execute, on behalf of the municipality, contracts for sup- plies and services as authorized by the council; (f) (g) Perform such duties as are specified in this Charter or as may be required by the council; " Enforce this Charter and all ordinances and resolutions of council; (h) Supervise and control, directly or indirectly, all admin- istrative departments, agencies, offices and employees of the municipality in a manner which will fully implement the personnel and administrative organization policies ap- proved and adopted by the council; and examine the records and books of the department of finance; (i) (j) (k) Make reports to the council from time to time upon the af- fairs~of the municipality; and, as of the end of the fis- cal year, submit to the council a complete report on the finances and administrative activities of the municipality for the preceding year; Make such recommendations on matters of policy and other matters to the council as may seem to him desirable or as the council may direct; Have power, whenever the interests of the municipality.re- quire, to assign employees of any department, bureau, of- fice or agency to the temporary performance of duties in. another department, bureau, office or agency, provided, however, that he shall recommend changes in personnel and administrative organization policies approved and adopted by the council if such temporary personnel changes extend beyond ninety days; (1) Attend all council meetings and have the right to speak and take part in discussion but not vote; and (m) Be bonded by a fiduciary bond as the council deems neces- saryo § 7-1. Director of Finance. The municipal manager shall appoint, with the advice and consent of the council, a Director of Finance who shall be the chief financial official of the municipality and who shall have the same power and duties provided by the Constitution and general law for commissioners of revenue for counties, who shall serve at the pleasure of the municipal manager. The Director of Finance may utilize the assessments of real property and personal property in the office of the Commis- sioner of Revenue for the County of Loudoun for the assess- ment of the real property and personal property for the pur- pose of levying a tax by the council. § 2-8. Mayor and councilmembers' expenses. The council may appropriate funds to reimburse the mayor and councilmembers for direct out-of-pocket expenses incurred while performing their official duties. 7. § 7A-3. Board of Zoning Appeals, appointment. The Board of Zoning Appeals created by Section 15.1-494 of the Code of Virginia of 1950 as amended shall be appointed by the Mayor with the consent of the council and shall be or- ganized and have the powers and duties prescribed by Sections 15.1-494 and 15.1-495 of the Code of Virginia of 1950 as amended, provided that removal of members for malfeasance, misfeasance or nonfeasance in office or other just cause shall be by the Circuit Court of Loudoun County.' ~ That Sections 2-5, 3-5, 7~2~and 7-3, as amended, of Chap- ter 433 of the Acts of Assembly of 1962 are repealed. That an emergency exists and this act is in force from its passage. President o~ the Senate Approved: Speaker'of lhe House of Delegates Governor -6- SECTION II. The Council of the Town of Leesburg requests the General Assembly of the Commonwealth of Virginia to amend the Char- ter of the Town of Leesburg as described in Section I of this reso- lution. SECTION III. The Clerk shall forward two copies of this reso- lution to Earl Bell, Delegate and Charles L. Waddell, Senator from Loudoun County to the General Assembly, for presentation to the General Assembly. PASSED this 22nd day of December, 1976. ATTEST: Clerk o ffoUncil / Mary An e Newman, Mayor Town of~Leesburg