Bill Text: VA SB1171 | 2015 | Regular Session | Prefiled
Bill Title: Bristol, City of; amending charter, clarifying changes to the Bristol Virginia Utilities Authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-20 - Stricken at request of Patron in Local Government (15-Y 0-N) [SB1171 Detail]
Download: Virginia-2015-SB1171-Prefiled.html
15101841D Be it enacted by the General Assembly of Virginia: 1. That §2.01, as amended, §§2.02 and 2.04, §4.03, as amended, §6.02, §§7.02 and 8.02, as amended, §§9.01, 10.02, 10.03, 10.06, and 10.09, §10.10, as amended, and §§11.01 and 15.02 of Chapter 542 of the Acts of Assembly of 1990 are amended and reenacted as follows: §2.01. General grant of powers. The City of Bristol shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to municipal corporations under the Constitution and laws of the Commonwealth of Virginia as fully and completely as though such powers were specifically enumerated herein. The city shall have as well any powers expressly set forth herein, including the power to provide and operate telecommunication and related services, including without limitation, cable television, Internet, and all other services that might be rendered by use of the city's fiber-optic system; provided further that also the city shall have the power, within and without the city and within or without the Commonwealth of Virginia to provide consulting and management services for the operation of telecommunication services, including without limitation, cable television, Internet, and all other services that might be rendered by use of a fiber-optic system. Nothing in the foregoing provision shall be deemed to have expanded the powers of the city to provide and operate telecommunication and related services, including without limitation, cable television, Internet and all other services that might be rendered by use of the city's fiber-optic system, beyond those limitations and restrictions set forth in §§15.2-2108.2, 15.2-2108.3, 15.2-2108.9 through 15.2-2108.17, 15.2-2160, and 56-265.4:4 of the Code of Virginia, which, as amended from time to time, shall continue to be applicable to the city to the extent provided therein. The enumeration of powers in this charter shall not be exclusive or otherwise be construed to limit the powers of the city. The City hereby expressly relinquishes its powers set forth in this Charter that were transferred to the BVU Authority by the General Assembly's adoption of the BVU Authority Act in Chapter 72 (§15.2-7200 et seq.) of Title 15.2 of the Code of Virginia. Any references in this Charter to Bristol Virginia Utility Board or Bristol Virginia Utilities shall mean the BVU Authority. §2.02. Financial powers. The City of Bristol shall have the following powers relative to its financial affairs: 1. To raise annually by taxes and assessments such sums of money as the council deems necessary to pay the debts and defray the expense of operation of the city; provided that such taxes and assessments are not prohibited by the laws of the Commonwealth; 2. To impose special or local assessments for local improvements and enforce payment thereof; 3. To contract debts, borrow money and make and issue evidences of indebtedness subject to the provisions of the Constitution of Virginia and of this charter; 4. To expend the money of the city for all lawful purposes; 5. To make appropriations, subject to the limitations imposed by this charter and the Constitution of Virginia, for the support of the city government and any other purposes authorized by this charter and the laws of the Commonwealth; 6. To accept and receive or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city's government, and to dispose of the same in any manner for such purpose in accordance with the terms and conditions, if any, of such gifts, grants, bequests and devices; 7. To provide, or aid in the support of, public libraries and public schools; 8. To grant financial aid to military units organized in the city in accordance with the laws of the Commonwealth and to charitable, educational or benevolent institutions and corporations, including those established for scientific, literary or musical purposes or for the encouragement of agricultural and mechanical arts, whose functions further the public purposes of the city; 9. To provide control and management of the fiscal affairs of the city and prescribe and require the adoption and keeping of such books, records, accounts and systems of accounting by the departments, boards, commissions or other agencies of this city's government as may be provided for elsewhere in this charter or to be set forth by ordinance or resolution;
11. To charge and collect fees for permits to use public facilities and for the provision of public services and privileges. §2.04. Powers relating to public works, utilities and properties. The city shall have the power to acquire, construct, own, maintain, regulate, operate, hold, improve, manage, sell, encumber, donate or otherwise dispose of any property, real or personal, or any estate or interest therein, and any structure or improvement thereon, within or without the city and within or without the Commonwealth of Virginia for: 1. Public parks, parkways, playing fields and playgrounds including laying out, equipping and improving them with all suitable devices, buildings and other structures, and to landscape the same; 2. Incinerators, dumps, landfills and other facilities for the collection and disposal of offal, ash, garbage, carcasses of dead animals, refuse, demolition waste materials and any and all other manner of tangible things which have a cause of being of no further purpose to the municipality or to any of its citizens or to any other person from whom the city acquires such material, and therefore needs to be disposed of. The city may permit and regulate the operation of all of the same by private enterprise subject to such permitting requirements and other laws as are applicable in this Commonwealth and to such zoning and other requirements as may be required by ordinance duly passed by the city;
4. All buildings and other structures necessary or useful in carrying out the powers and duties of the city for parking or storage of vehicles by the public which shall include without limitation parking lots, garages, buildings and other land, structures, equipment facilities necessary to relieve congestion in the use of streets and to reduce hazards incident to such use and to provide for the management, regulation and control of such facilities by special board, commission or agency; 5. An airport, and to join with other political subdivisions within and without the Commonwealth for the purpose of jointly owning, operating and maintaining such property for airport purposes; 6. Stadia, arenas, swimming pools and other sports facilities and to provide for the control, regulation, maintenance and management of the facilities by board or commission or by contract with any person, firm or corporation; 7. Municipal and other buildings, armories, comfort stations, markets and all buildings and structures necessary or appropriate for the use and proper operation of the various departments of the city; 8.
Gas plants, gas supply and pipe and transmission lines for gas and gas supplies and such other services as the City by its council shall determine are necessary or expedient to its citizens in the regulation or control of gas services; 9. Rail tracks, spurs, crossings, switchings, terminals, warehouses and terminal facilities of every kind and description necessary or useful in the transportation and storage of goods, wares and merchandise, including the power to perform any services in connection with the receipt, delivery, shipment and transfer in transit, weighing, marking, tagging, ventilating, refrigerating, etc., of wares and merchandise; 10. Lands for rock quarries, gravel pits, sand pits and any other public purpose within or without this Commonwealth. The city shall have the power to install thereon all necessary machinery and equipment to operate the same for producing materials required for construction, repair and maintenance of public properties, to sell any surplus of such materials for private purposes and to build and operate a plant or plants for the preparation and mixing of materials for the construction of all public improvements and the maintenance and repair thereof; and 11. A storm water sewer system operated individually, or jointly with the City of Bristol, Tennessee, or any other political subdivision within or without the Commonwealth. (a) The city may construct, maintain, use and operate such storm water sewer lines, ditches, intake basins, storm water sewer easements and any and all other plants, equipment or property necessary to the successful operation of a storm water sewer system for the City of Bristol, Virginia. (b) The city shall have the power to require any developer subdividing or developing any real property within the City of Bristol, Virginia, to provide such lines, intake basins, ditches, and other incidents of a storm water sewer system as are necessary to provide for the orderly handling of storm water from the properties so developed or subdivided. (c) The city shall have the power to require any property owner or occupant of any lot or parcel of land within the City of Bristol, Virginia, to provide for the orderly introduction of storm water falling upon said lot or parcel of land and the improvements thereon into the storm water sewer system provided by the City of Bristol, Virginia, at the expense of the property owner. §4.03. Meetings. At nine o'clock a.m. on July 1 following a regular municipal election, or if that should be Saturday, Sunday or a legal holiday, then on the first business day following, the council shall hold an inaugural meeting at the usual place for holding the meetings of the council. At that meeting newly elected councilmen shall be sworn and assume the duties of their office, and then shall make such elections and appointments as are otherwise provided for in this charter. At nine o'clock a.m. on July 1 in each year when no municipal election has been held, or if such day be Saturday, Sunday or a legal holiday, then the first business day following, the council shall have an organizational meeting for the purpose of making such appointments and transacting such other business as this charter shall provide shall be made or transacted on July 1 of each year. Each July 1, at the inaugural or organizational meeting, council shall make such appointments of its own members to such boards, authorities, committees or commissions that require a representative from the members of the council. Additionally at the inaugural or organizational meeting, or as soon as possible thereafter, council shall also make such citizen appointments to the planning commission, board of zoning appeals, economic development committee, social services board, board of building code appeals, BVU Authority, Industrial Development Authority and any other boards to which the council makes appointments of members whose terms have expired as of midnight on the 30th day of June. Nothing herein is meant to preclude the filing of any vacancies on such boards, authorities, committees or commissions prior to July 1, if such opening exists prior to midnight on June 30th. The length of terms of all appointees to the BVU Authority are governed by the BVU Authority Act and not the Charter. Council shall thereafter regularly meet at such times as may be prescribed by ordinance, provided that it shall meet not less than once each month. The mayor, any member of the council, or the city manager may call a special meeting of the council at any time, upon twelve hours written notice stating the purpose of the meeting served upon each member personally, or left at his usual place of business or residence. The called meeting may be held without written notice, provided all members of the council attend. At such special meeting, no business other than that mentioned in the call shall be considered. All meetings of the council shall be public as provided for by the Virginia Freedom of Information Act, with executive sessions as permitted therein at the discretion of the majority of council. The council shall keep written minutes of its proceedings but does not have to keep minutes of its executive session. Citizens may have access to the minutes and records of all public meetings at any reasonable time. §6.02. City clerk. The city clerk shall be the clerk of the council, shall attend
all meetings thereof and shall keep a permanent record of its proceedings.
The duties of the city clerk may be performed by the chief financial officer. If so, the duties of the chief financial officer shall be subject to the supervision of the city manager, but the city manager will have no power of supervision over the duties of the city clerk, who shall answer directly to the council. §7.02. Comptroller department. A. Generally. There shall be a B. General powers and duties of 1. Keep books of account of the receipts from all sources and
expenditures of all departments, courts, boards, commissions, offices and
agencies of the city and prescribe the form of receipts, vouchers, bills or
claims to be used and accounts to be kept by all departments, courts, boards,
commissions, offices and agencies of the city. The 2. Maintain suitable records to keep an accurate account with the city treasurer, making entries therein, where practical, on the same date which they occur, and said records shall be kept so that an examination of them will show the condition of the treasury; 3. Cooperate with the city manager 4. Require daily, or at such intervals as he may deem expedient, report of receipts and a remission of the same from each department, court, board, commission, office and agency, and shall on the proper in-paying warrant remit the same to the treasurer; 5. Examine all contracts, purchase orders and other documents which create financial obligations against the city to determine that money has been appropriated and allotted therefor and that an unexpended and unencumbered balance is available and such appropriation and allotment to meet the same; 6. Audit before payment for legality and correctness all accounts, claims and demands against the city and no money shall be drawn from any bank account of the city except by warrant or check signed by the city manager and treasurer, based upon a voucher prepared by him; 7. Submit to the city manager for presentation to the council,
not later than the (a) The amount of each appropriation with transfers to and from the same, the allotment thereof to the end of the preceding month, encumbrances and expenditures charged against such appropriation during the preceding month, the total of such charges for the fiscal year to the end of the preceding month and the unencumbered balance remaining in such appropriation; and (b) The revenue estimated to be received from each source, the actual receipts from each source for the preceding month, the total receipts from each source for the fiscal year to the end of the preceding month, and the balance remaining to be collected; 8. Furnish the head of each department, court, board, commission, office or agency of the city a copy of such portion of the statement relating to such department, court, board, commission, office or agency; 9. Prepare and submit to the city manager at the end of each fiscal year, for the preceding year, a complete financial statement and report of the financial transactions of the city; 10. Protect the interest of the city by withholding the payment of any claim or demand by any person, firm or corporation against the city until any indebtedness or other liability due from such person, firm or corporation shall first have been settled and adjusted; and 11. Perform such other duties as may be required of him by this charter, by the city manager or by the city council. C. Annual audit. The council shall cause to be made annually
an independent financial audit of all accounts, books, records and financial
transactions of the city by the auditor of public accounts of the Commonwealth
or by a firm of independent certified public accountants to be selected by
council. The audit shall be of sufficient scope to express an opinion as to
whether the books and records and the financial statements prepared therefrom
as contained in the annual financial report of the city present fairly the
fiscal affairs of the city in accordance with generally accepted accounting
principles of municipal accounting and applicable government laws. The report
of such audit shall be always available for public inspection in the office of
the city clerk and in the office of the city manager during regular business
hours and shall be posted on the city's
website for public viewing. The D. Other audits of accounts. Upon the death, resignation,
removal or expiration of the term of any officer of the city, the E. Commissioner of revenue. There shall be elected, pursuant to Chapter 3 of this charter and the general law of the Commonwealth, a commissioner of revenue as provided for in the Constitution of the Commonwealth of Virginia who shall perform such duties as are not inconsistent with the laws of the Commonwealth in relation to the assessment of property and license taxes as may be required by the council for the purpose of levying city property and license taxes. He shall perform such other duties within the City of Bristol, Virginia, as are prescribed for him by the general law of the Commonwealth of Virginia and as may be prescribed for him by this charter or by the city council for the City of Bristol, Virginia, and are not inconsistent with his office. The commissioner of revenue shall have the power to administer oaths in the performance of his official duties. F. City treasurer. There shall be elected, pursuant to Chapter 3 of this charter and the general law of the Commonwealth, a city treasurer, as provided for in the Constitution of Virginia who shall, except as otherwise provided in this charter, be the custodian of all funds of the city and the city's comptroller's bond, and pursuant thereto shall: 1. Deposit all funds coming into the treasurer's hands to the
account of the city, in such separate accounts as may be provided for by
council, in such banks as may be designated for that purpose by the council.
However, the city manager may authorize any department or agency of the city to
maintain a petty cash fund not to exceed $300. Such fund authorized shall be
reimbursed by the treasurer only upon presentation of vouchers approved by the 2. Receive all moneys belonging to and received by the city and keep a correct account of all such receipts; 3. Be subject to the supervision of the council, perform such other duties not inconsistent with the office as council may from time to time direct, and have such powers and duties as are now or may hereafter be prescribed by the general law of the Commonwealth or ordinance of this city; 4. Make all such reports to the 5. Pay out no money from the city treasury except as may have
been approved by the city manager and the 6. Present annually to council the treasurer's account with the State Auditor; 7. Receive no money or permit the payment of the same into the
treasury, except upon the presentation of a proper form authorizing such
payment and receipt, which form shall show the source and amount of such money
and shall be signed by the 8. Report a list of delinquent real
and personal §8.02. Boards; appointments, compensation. The terms of office and the number of consecutive terms of office permitted to any individual appointee for all board appointments made by city council shall be as set forth in this charter, except for appointments to boards and commissions not created by this charter or by the council for the City of Bristol, Virginia, but which are participated in by the city. With respect to all such state, regional and federal boards participated in by the city and not created by this charter or ordinance of the City of Bristol, Virginia, the city may participate in the operation of such boards by appointment thereto and the term of office for each such appointee shall be for such length as is specified by the general laws, regulations and by-laws of such agency or board. No individual appointee to such board shall be appointed for more than two consecutive terms unless such restriction is in conflict with the general laws of the Commonwealth of Virginia, or the federal laws by which the board or commission was created or the by-laws of the board or commission. No member of any board §9.01. Generally. In addition to the treasurer and commissioner of revenue as
set forth in the section on §10.02. Preparation. It shall be the duty of the head of each department, the
judges of the various courts, each board or commission, including the school
board, and each other office or agency supported in whole or in part by
appropriations of the city, including the constitutional officers, to file with
the §10.03. Scope of the annual budget. Not later than the second Tuesday in 1. An itemized statement of the appropriations recommended by the city manager for current operating expenses for each department and each division thereof for the ensuing fiscal year, with comparative statements and parallel columns of the appropriations and expenditures for the current and next proceeding fiscal year and the increases or decreases in the appropriation recommended. Expenditures for the current fiscal year shall include an estimate of expenditures necessary to complete such year; 2. An itemized statement of the appropriations recommended by the city manager for capital improvement projects for the ensuing fiscal year for each department and each division thereof, with the comparative statements and parallel columns of the appropriations and expenditures for the current and next proceeding fiscal year and the increases or decreases in the appropriations recommended; 3. The annual budget and annual appropriation ordinance shall include a line-item for a reasonable contingency fund for use in any of the affairs of the city under the control of the city manager; 4. An itemized statement of the taxes required and the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements in parallel columns of the taxes and other revenues for the current and next proceeding fiscal year and the increases and decreases estimated or proposed; 5. A statement of the financial condition of the city and for such other information as may be required by the council or that the city manager may be deemed advisable to submit; and 6. Copies of such budget estimate shall be printed and be available for distribution not later than two weeks after its submission to the council and a public hearing shall be given thereon by the council before final action. §10.06. Additional appropriations. Subject to the limitations contained hereinafter,
appropriations in addition to those contained in the appropriation ordinance
may be made by the council by a four-fifths vote during the fiscal year if the §10.09. Effective date of annual budget; certification and availability of copies thereof. Upon final adoption, the annual budget shall be in effect for
the ensuing fiscal year. A copy of the budget as finally adopted shall be
certified by the city manager and city clerk and filed in the office of the §10.10. School budget. It will be the duty of the school board to submit its
line-item budget estimates to the city manager no later than May 1 of each
year. The estimate shall set forth a detailed line-item estimate of the amount
required for the conduct of the public schools for the ensuing fiscal year and
an estimate of the amounts which are expected to be received for public
education other than from appropriations by the council. It shall contain a
detailed estimate of all surplus funds expected to be left over at the end of
the current fiscal year. If an appropriation from council is less than the
board's original request, it shall amend estimates of expenditures accordingly.
Before the beginning of the fiscal year, the school board shall file with the §11.01. Taxation generally. A. Taxation power. The council shall have all the powers of taxation granted by the general law of the Commonwealth including without limitation current §§58.1-3000 et seq. and such other sections of the law as give to the city the power of taxation, as the same may be replaced or amended from time to time. Additionally, there is retained from the current charter an express power to fix annual levies on property subject to taxation in the city without any limits as to the rate thereof, any provisions of the general law of the Commonwealth to the contrary notwithstanding. Council shall not fix such levy on property partially segregated to the Commonwealth for purposes of state taxation at a higher rate than is or may be permitted by the general laws relating thereto. B. Recording tax. The council may tax deeds and all other papers placed upon the records in the office of the clerk of the circuit court, any sums not exceeding like taxes levied by the Commonwealth. C. Annual levy. City council may levy an annual tax upon all persons in the city and upon any property therein subject to local taxation and not expressly segregated to the Commonwealth for purposes of state taxation only. Council may tax such other subjects as may be at the time assessed for state taxes against persons residing therein. Additionally, the city may levy a tax on intangible personal property assessed to residents therein and segregated by laws of the Commonwealth for purpose of taxation, at any rate not exceeding the maximum rate provided by law. D. Sale of delinquent realty. Council may require real estate or any interest therein in the city delinquent for the nonpayment of taxes to be sold for such taxes with interest thereon and such per centum as they may prescribe for expenses of collection as they deem proper, and they may regulate the terms on which real estate so delinquent may be sold. All city taxes shall be due and payable as provided by council in a proper ordinance. E. Duty of city treasurer as to delinquent realty. The city treasurer
shall make a report to the F. Duty of commissioner of revenue upon ascertaining property, etc., has not been properly assessed. If the commissioner of revenue ascertains that any person or any real or personal property or income or salary has not been assessed for city taxation for any year for which it should have been taxed or that the same has been assessed at less than the law required for any year or the taxes thereon for any cause have not realized, it shall be the duty of the commissioner to list the same and assess city taxes thereon at the rate prescribed for that year adding thereto interest at the rate set by state law. Where the same was not assessed through no fault of the person charged with the taxes, no interest or penalty shall be charged. G. Applicability. All the provisions of this section shall be applicable to the assessment and collection of all local taxes. H. Distress of goods and chattels, payment by tenants or fiduciaries. All goods and chattels of any person against whom taxes for the city are assessed may be distrained and sold for such taxes when due and unpaid in the same manner and to the same extent that goods and chattels may be distrained and sold for state taxes. The tenant who pays or from whom payment is obtained, by distress or otherwise, of taxes or levies due the city by person under whom he holds shall have credit for the same against the rents he may owe, except when the tenant is bound to pay such taxes or levies by an express contract with such person. Where taxes or levies are paid to the city by any fiduciary on any estate in lands, such taxes and levies shall be reimbursed to him out of the same estate. §15.02. Oaths of office, official bonds, power of certain officers to administer oaths. Except as otherwise provided by general law or by this
charter, all officers elected or appointed under the provisions of this charter
shall take the oath of office and execute such bonds as may be required by
general law, by this charter, or by ordinance of the city council, before the
clerk of the circuit court of the City of Bristol and file the same with the
city clerk before entering upon the discharge of their duties. If the
requirements of this section have not been complied with by any officer within
thirty days after the term of office shall have begun or after his appointment
to fill a vacancy, then such office shall be considered vacant. The
commissioner of revenue, city clerk, city 2. That §7.11 and §8.06, as amended, of Chapter 542 of the Acts of Assembly of 1990 are repealed. |