No action shall be maintained against the city for injury to
any person or property or for wrongful death alleged to have been
sustained by reason of the negligence of the city or of any officer,
agent or employee thereof, unless a written statement by the claimant,
his agent or attorney or representative of the nature of the claim
and of the time and place at which the injury is alleged to have occurred
or been received, shall have been filed with the city attorney, or
with the Mayor, or the city manager, within six months after such
cause of action shall have accrued; except if the complainant is able
to establish by clear and convincing evidence that due to the injury
sustained for which a claim is asserted, he was physically or mentally
unable to give such notice within the six month period, then the time
for giving notice shall be tolled until the claimant sufficiently
recovers from the injury so as to be able to give such notice.
The Council shall have full and complete powers to pass any
ordinances not expressly prohibited by state law for planning, zoning,
site plans, subdivisions, and preservation of historic and archeological
resources, as completely as if all such purposes were fully set forth
specifically herein.
Unless otherwise specifically provided, the persons holding
any of the offices provided for in this charter, which offices have
existed under the charter heretofore in force, shall continue to hold
the same under their previous election or appointment until the term
of such office as herein provided shall expire, dating the commencement
of such term from the time fixed in the former charter.
The Council may require bond with surety from the city manager,
treasurer, auditor, and such other officials and employees as may
from time to time be prescribed by the Council, in such penalty as
may be provided by ordinance.
Should any portion of this act be declared unconstitutional,
illegal or invalid, such decision shall not invalidate any other portion,
section or provision hereof, and all parts of this charter not expressly
held to be invalid shall remain in full force and effect.
All ordinances, rules, regulations and orders legally made by
the City of Fredericksburg in force on the effective date of this
charter, insofar as they or any portion are not inconsistent with
this charter, shall remain in full force and effect.