SB453: Charter; City of Winchester.
Be it enacted by the General Assembly of Virginia:
1. That § 1, § 1.01, as amended, §§ 3 and 8, and §§ 14.01 and 18, as amended, of Chapter 39 of the Acts of Assembly of 1932 are amended and reenacted as follows:
§ 1. The inhabitants of the city of Winchester, within the boundaries as now established or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by the name of the city of Winchester for all purposes for which cities and towns are incorporated in this Commonwealth; shall continue to be a body politic in fact and in name, under the style and name of the city of Winchester, and as such shall have, exercise and enjoy all of the rights, immunities, powers, and privileges, and be subject to all the duties and obligations incumbent upon and pertaining to said city as a municipal corporation; provided, that:
the 1. The said city City
of Winchester shall be and continue liable for all the existing indebtedness,
whether funded or floating, outstanding in the name of the city; and
the 2. The said city City of Winchester may sue in
its corporate name on all bonds, notes, accounts or contracts payable to the
city; and
under the
aforesaid name it 3. The said City of Winchester shall have perpetual succession; and
4. The said City of Winchester may use a corporate seal; and
5. The said City of Winchester may sue and be sued; and
6. The said City of
Winchester may acquire property within or without its
boundaries for any municipal purpose, in fee simple or lesser interest or
estate, by purchase, gift, devise, lease or condemnation,; and
7. The said City of Winchester may sell, lease, hold, manage and control such property as
its interest may require; and,
except 8. Except as prohibited by the
Constitution of Virginia or restricted by this charter, the city City of Winchester shall have
all municipal powers, functions, rights, privileges and immunities of any name
or nature whatsoever, and it now appearing that the city City of Winchester, having a
population in excess of 10,000, is, under the laws now existing in the
Commonwealth of Virginia, a city of the first class, it shall enjoy all of the
rights, privileges and immunities of a city of that class now authorized under
the Constitution and statutes of the Commonwealth of Virginia or that might
hereafter be authorized by any amendment thereto.
§ 1.01. Assessment and Collection of Licenses and Taxes.
In addition to the powers granted by other sections of this charter the city shall have the power to raise annually by taxes and assessments in the city such sums of money as the council shall deem necessary to pay the debts and defray the expenses of the city, in such manner as the council shall deem expedient, provided that such taxes and assessments are not prohibited by the laws of the Commonwealth. In addition to, but not as a limitation upon, this general grant of power the city shall, when not prohibited by the laws of the Commonwealth, have power:
to 1. To levy and collect ad
valorem taxes on real estate and tangible personal property and machinery and
tools, and a capitation tax not exceeding one dollar per annum on each resident
of the Commonwealth within the limits of the city;
to 2. To levy and collect taxes
for admission to or other charge for any public amusement, entertainment,
performance, exhibition, sport or athletic event in the city, which taxes may
be added to and collected with the price of such admission or other charge;
to 3. To levy on and collect taxes
from purchasers of any public utility service used within the city, which taxes
may be added to and collected with the bills rendered purchasers of such
service;
to 4. To require licenses,
prohibit the conduct of any business or profession without such a license,
require taxes to be paid on such licenses in respect of all businesses and
professions which cannot, in the opinion of the council, be reached by the ad
valorem system; and
to 5. To require licenses of
resident owners of vehicles of all kinds for the privilege of using the
streets, alleys and other public places in the city, require taxes to be paid
on such licenses and prohibit the use of streets, alleys and other public
places in the city without such license;.
provided, however, that
nothing Nothing herein
contained shall be construed as permitting the city to levy and collect
directly or indirectly a tax on payrolls.
§ 3. The administration and government of said city shall be
vested in a mayor and a board called the common council Common Council of Winchester,
and such other boards and offices as are now, or hereafter may be provided for. The Council
may appoint: (1) a City Manager to whom shall be
delegated the responsibility for administration of the City's affairs
including management, appointment, and supervision of officers, directors, and
department heads; (2) a City Attorney who shall be responsible for
handling all legal matters on behalf of the City of Winchester; (3) a City
Clerk who shall be responsible for creating and maintaining all official records
of acts of Council; and (4) such other offices as
prescribed by this Charter,
general ordinances of the City of Winchester, and other applicable law. In
addition to the foregoing, the offices
of said corporation shall be include a mayor, judge of the corporation court, clerk of the
corporation court, treasurer, commissioner of the revenue, attorney for the
Commonwealth, city sergeant, a justice of the peace at large, a police justice,
twelve eight
councilmen, and such other offices as are now provided by general ordinances of
the city City
of Winchester and as hereafter may be provided for and elected by the common council Common Council.
§ 8. This charter may be changed by a special act of the
General Assembly of Virginia, by the presentation to the General Assembly of an
ordinance, regularly passed by the city council by the vote of at least nine three fourths
of the members elected to the council.
§ 14.01. Appointment and Term of School Board Members.
A. The School Board of the City of Winchester shall consist of nine members, who shall be appointed by the Common Council to serve four-year terms. One member shall be appointed for each of the four districts (wards) in the City, and five members shall be appointed at-large; however, no more than three members shall be residents of the same district. Notwithstanding the residency requirement of this provision, any school board member in office on July 1, 2007, who is otherwise eligible for reappointment, shall be eligible for reappointment upon expiration of his or her term in order to facilitate the transition to the four district or ward system initiated in 2005.
B. At the vacancy of the terms of school board members in office on July 1, 2007, any new term shall be filled consistent with the provisions of this section.
C. In the event any vacancy occurs on the School Board, the Council shall fill the vacancy for the unexpired term.
D. The School Board shall be a continuing body and no measure pending before the School Board shall abate or be discontinued by reason of the change in terms of the School Board members or change in membership of the School Board as provided herein.
§ 18. Certificates of debt and bonds.
(a) The council Council may, in the name and
for the use of the city, cause to be issued certificates of debt or bonds for
any purpose or project set forth in the Public Finance Act, Title
15.1, Chapter 5 (§ 15.1-170 (§
15.2-2600 et seq.)
of the Code of Virginia, as amended from time
to time,)
and in compliance with the provisions thereof. All bonds issued pursuant to
this section shall be signed by the president of council and the treasurer of
the city, and the seal of the city shall be affixed and attested by the clerk
of council. Such bonds shall be sold in the manner provided for in the Public
Finance Act and the proceeds used for purposes for which issued, under the
direction of council. Every such bond or other obligation issued by the council
hereunder shall state on its face for what purpose or purposes it is issued,
and the proceeds shall be applied exclusively to the purpose or purposes for
which the same are issued. In the issuance of bonds and other interest bearing
obligations the city shall be subject to the limitations as to amount and the
manner of ascertaining such amount limitations as provided in the applicable
provisions of Article VII, Section 10 of the Constitution of the Commonwealth of Virginia.
(b) Council may provide by resolution adopted upon the affirmative
vote of at least nine three-fourths of the elected members
of council for the submission of the question of the issuance of any such debt
to the vote of the qualified voters of the city. The vote of council on a
resolution providing for such referendum shall be held, if at all, prior to the
adoption by council of the ordinance providing for the issuance of such debt,
and no such resolution shall be considered after the adoption of such
ordinance. At such election the ordinance of council providing for the
issuance of such debt shall be submitted to such voters at an election for such
purpose to be called and held and conducted in accordance with the general laws
of the Commonwealth of Virginia. If approved by the voters, the issuance of
such debt shall be done in accordance with subsection (a) of this section.
2. That §§ 22 and 24, as amended, and § 25 of Chapter 39 of the Acts of Assembly of 1932 are repealed.