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Town of Appomattox, VA
Appomattox County
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Table of Contents
Table of Contents
DIVISION 1. Generally
[1]
Charter reference: Mayor's powers and duties as to Town officers, § C-7 et seq.
State law references: State and Local Government Conflict of Interests Act, Code of Virginia, § 2.2-3100 et seq.; Town officers generally, Code of Virginia, § 15.2-1307, Title 15.2, Ch. 15; when and how officers qualify, Code of Virginia, § 15.2-1522 et seq.; residence of town officers, Code of Virginia, §§ 15.2-1525, 15.2-1526; suspension or removal of town officers, Code of Virginia, Title 15.2, Ch. 15, Title 24.2; form of oath of office, Code of Virginia, § 49-1.
The Mayor and Councilmen and all officers appointed or elected for the Town shall take and subscribe the oath of office set forth in this section before some officer authorized by law to administer an oath. This shall be done on or before the days upon which their respective terms of office begin. The oath is as follows:
"_____________________ 20__
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as _______________ according to the best of my ability (, so help me God).
__________
"The foregoing oath was sworn to and subscribed by _________________ before me this ___________ day of __________________, 20__.
__________."
[1]
Charter reference: Oath of office, § C-11.
State law references: Oaths of councilmen and mayor, Code of Virginia, Title 15.2, Ch. 15; form of general oath required of officers, Code of Virginia, § 49-1.
No member of Council or officer of the Town shall become a surety for any person who is required to give bond before any judicial officer.
DIVISION 2. Town Manager[2]
[1]
State law reference: Bondsman and family members not to hold office as magistrate, clerk or deputy clerk of a court, Code of Virginia, § 9.1-185 et seq.
[2]
Cross reference: Town Manager to improve and repair streets, § 166-12.
There is hereby created the office of Town Manager, Chief Operating Officer of the Town, as provided for by state law.
[1]
Charter reference: Authority of Council to employ a town manager, § C-1
State law reference: Authority for employment of town manager, Code of Virginia, Title 15.2, Ch. 15.
The Town Manager shall be appointed by the Town Council.
The Town Manager shall furnish a surety company bond to be approved by the Council. The Council shall appropriate funds for the payment of the premium on such bond.
[1]
State law references: Bonds of municipal officers and employees, Code of Virginia, Title 15.2, Ch. 15; payment of premiums on bonds for more than one year in advance, Code of Virginia, § 15.2-1532.
The salary of the Town Manager shall be fixed by the Council and shall be payable twice each month.
The Town Manager may be removed by a majority vote of the Council.
The Town Manager shall be responsible to the Council for the proper administration of the affairs of the Town.
The Town Manager shall have authority to employ the necessary labor and to purchase, acquire, hire or lease materials, tools, machinery, equipment, vehicles and such other things as may be requisite to the performance of his duty.
[1]
State law reference: Virginia Public Procurement Act, Code of Virginia, Title 2.2, Ch. 43.
The Town Manager shall be charged with the care and management of all of the real estate belonging to the Town.
All municipal buildings and personal property shall be adequately insured as the Town Manager may direct.
[1]
State law reference: Local government group self-insurance pools, Code of Virginia, § 15.2-2700 et seq.
The Town Manager shall have the power to employ, manage, direct and discharge all employees of the Town, except those appointed by Council.
The Town Manager shall keep current a large and accurate map of the Town, on which map shall be located, with engineering accuracy, streets, alleys, water mains, sewer mains, fire hydrants and valves and such other information as may be directed by the Mayor and Council.
The Town Manager shall keep the Council informed as to the financial condition and future needs of the Town.
The Town Manager shall prepare and submit to the Council such reports as it may require.
The Town Manager shall attend all meetings of the Council and such meetings of committees and boards as the Council may direct.
The Town Manager shall perform, in addition to those duties imposed upon him by this Code, such duties as the Mayor and Council may prescribe by ordinance or resolution.
DIVISION 3. Mayor
A. 
The provisions of Title 2.2, Chapter 43, of the Code of Virginia (1950), as amended, the Virginia Public Procurement Act, are hereby adopted and incorporated by reference as if fully set forth herein.
B. 
Pursuant to the provisions of § 2.2-4303 of the Code of Virginia, the Mayor is authorized to adopt policies not requiring competitive sealed bids or competitive negotiation for single or term contracts not expected to exceed $30,000, such small purchase procedures to provide for competition wherever practicable.
DIVISION 4. Clerk of Council
The Clerk of the Council shall be appointed by the Council.
All books and papers filed with or kept by the Clerk of the Council shall be kept in a systematic manner in order to facilitate reference to such books and papers, and shall be stored in a fireproof safe.
The Clerk of the Council shall communicate in writing to all persons presenting petitions, communications, etc., to the Mayor and Council, concerning the final action of the Mayor and Council upon such petitions, communications, etc.
A. 
The Clerk of the Council shall keep the minutes of the Council so as to indicate with certainty each ordinance which is passed. The ordinance itself shall be safely kept and recorded in an ordinance book and accurately indexed. At the foot of the ordinance so recorded, the Town Manager shall append and sign a certificate of posting, with dates thereof. In case of publication in a Town newspaper, the Clerk shall make such certificate.
B. 
When any ordinance or part thereof is amended or repealed, the Clerk shall note such fact and the date of amendment or repeal in the book of ordinances on the margin opposite such ordinance or part of such ordinance amended or repealed.
The Clerk of the Council shall notify, in writing, the Mayor and each Councilman or officer, concerning the time of every general meeting and shall write the call for special meetings, specifying the time, place and purpose of the special meeting. When a call for a special meeting is signed by the Mayor or three Councilmen, the Clerk shall send a notice by U.S. mail to the Mayor, Councilmen and officers.
[1]
State law reference: Council convened by mayor or three members, Code of Virginia, Title 15.2, Ch. 14.
It shall be the duty of the Clerk of the Council to enter of record and file all bonds required of the Mayor, Councilmen or officers of the Town. He shall also file all oaths required to be taken and subscribed by the Mayor, Councilmen and officers of the Town.
At the expiration of his term of office, the Clerk of the Council shall forthwith deliver to his successor in office all books, papers, documents, Town Seal, and Town property in his custody.
DIVISION 5. Commissioner of the Revenue[1]
[1]
Charter reference: Authority of council to appoint a commissioner of revenue, § C-1. See also Ch. 175, Taxation.
The Commissioner of the Revenue shall have and exercise the power and authority and undertake, perform and discharge the duties of the offices of Commissioner of the Revenue and of Assessor of Taxes, as provided by the Constitution and laws of the state and the Charter, as well as the ordinances, resolutions, rules and regulations of the Council made in pursuance of the Constitution and the laws of the state and the Charter and not inconsistent therewith.
[1]
State law reference: Commissioner of the revenue performs duties of assessor, Code of Virginia, Title 15.2, Ch. 15.
The Commissioner of the Revenue shall keep his office at some convenient place in the Town and shall keep therein such books, schedules and records as may be directed and prescribed by the general law or Mayor and Council. Such books, schedules, records and other papers shall be subject at all reasonable times to inspection and examination by the Mayor and Council or the duly authorized agent of the Mayor and Council.
[1]
State law reference: Books and forms furnished by department of taxation, Code of Virginia, § 58.1-3114.
The Commissioner of the Revenue shall use the land and personal property books, forms and similar material sent him by the State Department of Taxation, as provided by law, unless lawful changes in such books, forms, etc., are directed by the Council, in which case he shall use the books, forms, etc., prescribed by the Council.
It shall be the duty of the Commissioner of the Revenue, as of January 1, to annually ascertain the value of all real and personal property and choses in action which are the subject of taxation and license, and he shall list the same, based upon the last general assessments made prior to such year, subject to such changes as may have been lawfully made.
It shall be the duty of the Commissioner of the Revenue, in preparing the land and personal property books, to give the address of the taxpayer, as well as the location of the property.
[1]
State law reference: Similar provisions, Code of Virginia, § 58.1-3115.
In making up the land books for assessment purposes, the Commissioner of the Revenue shall locate the real estate assessed by designating the street on which the real estate is located and the number of the real estate involved. Where no number is available, the Commissioner shall describe the property with sufficient certainty to definitely locate such property.
When a tract of land is subdivided into several parcels, it shall be the duty of the Commissioner of the Revenue to reassess such tract of land for the next annual assessment, having due consideration for the increase in value, if any, by reason of improvements or otherwise.
[1]
State law reference: Reassessment of lots when subdivided, Code of Virginia, § 58.1-3285.
It shall be the duty of the Commissioner of the Revenue to assess the tax on licenses to carry on or practice any business, trade, occupation, calling or profession for which a license is required or allowed by the Charter, this Code or other ordinances of the Town.
DIVISION 6. Town Treasurer[2]
[1]
Charter reference: License taxes, § C-16.
[2]
Charter references: Authority of council to appoint a treasurer, § C-1; bond and duties of treasurer, § C-11.
See also Ch. 175, Taxation.
The Town Treasurer, before entering upon the duties of his office, shall annually, at the cost of the Town, give a bond with surety approved by the Council in such sum and upon such conditions as the Council may direct. This bond shall be filed with the Clerk of the Council and entered of record by him.
[1]
State law references: Bonds of municipal officers and employees, Code of Virginia, Title 15.2, Ch. 15; payment of premiums on bonds for more than one year in advance, Code of Virginia, § 15.2-1532.
A. 
The Town Treasurer shall perform all the duties in regard to the Town taxes, levies and assessments for the Town and be subject to all the duties and penalties as are prescribed for a County Treasurer in respect to state revenue, county taxes and assessments, so far as applicable and not inconsistent with the Charter, this Code and other ordinances of the Town.
B. 
The Town Treasurer shall perform all duties of the Treasurer as provided in the Charter, in this Code and the ordinances, resolutions or orders promulgated by the Mayor and Council. He shall strictly enforce the provisions of the Charter, this Code and other ordinances of the Town with reference to the nonpayment of taxes, licenses, special assessments and water and sewer charges.
Except as otherwise provided, all money belonging to the Town shall be received by the Town Treasurer.
[1]
State law reference: Treasurer to collect and pay over taxes, Code of Virginia, § 58.1-3910.
The Town Treasurer shall keep accurate books and accounts in such manner as the Town Council may direct. Such books and accounts shall always be subject to the inspection of the Mayor and Council or any committee thereof. The books, papers and accounts concerning his office shall be kept in a fireproof safe, all of which shall be the property of the Town.
The Town Treasurer shall make to the Mayor and Council, at such times as may be required of him, a statement or balance sheet setting forth the indebtedness of the Town, such statement to include all unsettled balances, from whom due and of how long standing; all appropriations as well as receipts; all collectible assets, whether in taxes or otherwise; the amount due the sinking fund; and all other matters pertaining to the finances of the Town. Such statement, if especially requested, shall also show, under the proper heading, to what department the outlay is chargeable.
[1]
State law reference: Annual statement filed with auditor of public accounts, Code of Virginia, § 15.2-2510.
The Town Council authorizes the Treasurer to invest any available funds of the Town with notification to Town Council as provided in the Code of Virginia, § 2.2-4500 et seq., and is authorized to liquidate any of such investments in order to reinvest such funds or to pay the debts of the Town.
The Town Treasurer shall commence to receive the Town taxes as soon as he may receive the real property books with the taxes extended thereon from the Commissioner of the Revenue.
All money received on any special assessment shall be held by the Town Treasurer as a special fund to be applied to the payment for which the assessment was made, and the money shall be used for no other purpose whatsoever.
[1]
State law reference: Assessments for local improvements, Code of Virginia, § 15.2-2404 et seq.
The Town Treasurer shall have full power and authority for the collection of taxes, by distress or otherwise, against any taxpayer leaving the Town or absconding before the tax books are given into his hands.
DIVISION 7. Town Attorney[2]
[1]
State law reference: Similar provisions, Code of Virginia, § 58.1-3919.
[2]
State law references: Employment of counsel to defend town in certain proceedings, Code of Virginia, § 15.2-1520; attorneys generally, Code of Virginia, § 54.1-3900 et seq.
The Town Attorney shall have been admitted to practice in the courts of the state.
The Town Attorney shall attend all Council meetings as may be requested by the Town Council and be the legal advisor of the Mayor and Council.
The Town Attorney shall have compensation for all services rendered the Council, in such amount as may be agreed upon by the Town Attorney and the Council.
From time to time, the Town Attorney shall present for payment any actual outlay or expense which the performance of his duties has entailed.