SB 375 — New Market, Town of; new charter (previous charter repealed).

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E590 An Act to provide a new charter for the Town of New Market in Shenandoah County and to repeal NChapter 264 of the Acts of Assembly of 1972, as amended, which provided a charter for the Town of New Market.

of the Acts of Assembly of 1972, as amended, which provided a charter for the ToRn of O [S 375] L Approved LApril 5, 2024 Be it enacted by the General Assembly of Virginia:

E 1.

DCHARTER FOR THE TOWN OF NEW MARKET.

§Be 1.1it Incorporation;enacted by the General Assembly of Virginia, that the inhabitants of the territory in the County of Shenandoah, contained within the boundaries prescribed and defined in the section immediately following, shall continue to be, and they are hereby declared to be, a body politic and corporate, in fact and in name, under the name and style of the Town of New Market (the Town), and as such shall have and exercise all the powers conferred by and be subject to all the laws of the Commonwealth of Virginia now in force or that may hereafter be enacted for the government of towns, so far as the same are not inconsistent with the provisions herein.

general§ powers.1.2.

Be it enacted by the General Assembly of Virginia, that the inhabitants of the territory in the County of Shenandoah, contained within the boundaries prescribed and defined in the section immediately following, shall continue to be, and they are hereby declared to be, a body politic and corporaBe, in fact and in name, under the name and style of the Town of New Market (the Town), and as such shall h7ve Virginia now in force or that may hereafter be enacted for the government of towns, so far as tEe same are not inconsistent with the provisions herein.

R § 1.2.

(a) The Town of New Market shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia, as fully and completely as though such powers were specifically enumerated herein, and no enumeration of particular powers by this charter shall be held to be exclusive, and shall have, exercise, and enjoy all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now appertaining to and incumbent on the Town as a municipal corporation.

Such powers shall include those not expressly prohibited by the Constitution and general law of the Commonwealth, and which are necessary or desirable to secure and promote the general welfare of the Town's inhabitants and the safety, health, peace, good order, comfort, convenience, morals, trade, commerce, and industry of the Town and the Town's inhabitants, and the enumeration of specific powers shall not be construed or held to be exclusive or as a limitation upon any general grant of power, but shall be construed and held to be in addition to any general grant of power.

In accordance with the Constitution of Virginia and the United States Constitution, the Town may raise through annual taxes and assessments on property, persons, and other subjects of taxation that are not prohibited by law such sums of money as in the judgment of the Town are necessary to pay the debts, defray the expenses, accomplish the purposes, and perform the functions of the town, in such manner as the council deems necessary or expedient.

etc.,(c) byWater, Town.light,light, and sewerage rates;

rates and charges for public utilities or services, etc., operated, Theetc., Town may establish, impose, and enforce water, light, and sewerage rates, and rates and of 6 charges for public utilities, or other service, products, or conveniences, operated, rendered, or furnished by theTown. Town and assess, or cause to be assessed, water, light, sewerage, and other public utility rates and charges directly against the owner or owners of the buildings, or against the proper tenant or tenants, and in the event that such rates and charges shall be assessed against a tenant, then the council may, by an ordinance, require of such tenant a deposit of such reasonable amount as may be by such ordinance prescribed before furnishing such services to such tenant.

The Town may establish, impose, and enforce water, light, and sewerage rates, and rates and charges for public utilities, or other service, products, or conveniences, operated, rendered, or furnished by the Town and assess, or cause to be assessed, water, light, sewerage, and other public utility rates of 5 and charges directly against the owner or owners of the buildings, or against the proper tenant or tenants, and in the event that such rates and charges shall be assessed against a tenant, then the council may, by an ordinance, require of such tenant a deposit of such reasonable amount as may be by such ordinance prescribed before furnishing such services to such tenant.

For any of the purposes of 6 aforesaid, the Town may, if the council shall so determine, acquire by condemnation, purchase, or otherwise any estate or interest in such lands or any of them in fee.

E (b) Streets;

The Town may establish, maintain, improve, alter, vacate, regulate, and otherwise manage its streets, alleys, parks, playgrounds, and all of its public infrastructure and public works, in such mannRrmanner as best of 5 serves the public interest, safety, and convenience, subject to the provisions of §§ 33.2-319 and 33.2-700 rates charged by vehicles for the carrying of passengers and property in accordance with general law;nd permit or prohibit poles and wires for electric, telephone, telegraph, television, and other purposes to be erected and gas pipes to be laid in the streetsVirginia andCode, alleysas andamended; prescribe and collect an annual charge for such privileges;

and,regulate, subjectlimit, torestrict, theand provisionscontrol of franchise agreements, require the ownerservices orand lesseesroutes of anyand suchrates polescharged orby wiresvehicles nowfor inthe usecarrying orof hereafterpassengers used to place such wires, cables, and accoutEementsproperty in conduits underground in accordance with thegeneral Town'slaw; prescribed requirements.

permit or prohibit poles and wires for electric, telephone, telegraph, television, and other purposes to be erected and gas pipes to be laid in the streets and alleys and prescribe and collect an annual charge for such privileges;

and, subject to the provisions of franchise agreements, require the owner or lessees of any such poles or wires now in use or hereafter used to place such wires, cables, and accoutrements in conduits underground in accordance with the Town's prescribed requirements.

D (c) Public utilities.

Subject to the provisions of the Constitution of Virginia, this charter, and general law, the Town may thereof.anchisesgrant franchises for public utilities, reserving rights of transfer, renewal, extension, and amendment (d)thereof. Collection and disposition of sewage, garbage, ashes, refuse, etc.;

(d) Collection and disposition of sewage, garbage, ashes, refuse, etc.;

acquire and operate reduction or any other plants forSthefor the utilization or destruction of such materials, or any of them;

contract for and regulate the col3ectioncollection and disposal thereof, and require and regulate the collection and disposal thereof.

5 § 2.6.

R The Town may compel the abatement and removal of all nuisances within the Town;

regulate the exercise of any dangerous or unwholesome business, trade, compelor theemployment abatementtherein; of smoke, dust, and unnecessary noise;

compelregulate the removaltransportation of grassall andarticles weedsn;through the streets of the Town;

fromcompel privatethe andabatement publicof propertysmoke, dust, and snowunnecessary fromnoise; sidewalks;

compel the removal of grass and weeds from private and public property and snow from sidewalks;

The Town shall have all powers that are set forth in § 15.2-1127 of the Virginia Code, as §amended. 2.7.

§ 2.7.

pass and enforce all by-laws, rules, regulations, and ordinances that it may deem necessary for the good order and government of the Town, the management of its property, the conduct of its affairs, and the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property;

remove or require to be removed or reconstructed any building, structure, or addition thereto, which by reason of dilapidation, defect of structure, or other causes may have become efficientdangerous lawsto forlife securingor theproperty, safetyor ofwhich personsmay fromhave firesbeen inerected hallscontrary andto buildingslaw; used for publicand assemblies, entertainments, or amusements.

and enact stringent and efficient laws for securing the safety of 6persons (b)from Feesfires in halls and buildings used for permits,public etc.assemblies, entertainments, or amusements.

(b) Fees for permits, etc.

The Town is authorized to take and receive sums of money by gift, bequest, or otherwise, to be kept invested, and the income of 5 thereof is to be used for the perpetual upkeep and care of the said lot or plat for which the said donation, gift, or bequest shall have been made.

No of 6 business shall be transacted at a special meeting except that for which it is called unless all members of the council are present or sign a waiver, which may be signed after the meeting.

E (c) Quorum.