CHAPTER 357

An Act to provide a new charter for the town of Fairfax, in the county of
Fairfax, and to repeal Chapter 282 of the Acts of Assembly of 1891-92,
entitled ‘an Act to incorporate the town of Fairfax, in the county of
Fairfax’, approved February 16, 1892, and all acts amendatory

thereof.
[H 253]
Approved April 2, 1954
Be it enacted by the General Assembly of Virginia:

1. § 1. The inhabitants of the territory comprised within the present
limits of the town of Fairfax as such limitations are now or may be here-
after altered and established by law, shall constitute and continue a body,
politic and corporate, to be known and designated as the town of Fairfax,
and as such shall have and may exercise all powers which are now or here-
after may be conferred upon or delegated to the town under the Con-
stitution and laws of the Commonwealth of Virginia, as fully and com-
pletely as though such powers were specifically enumerated herein, and no
enumeration of particular powers by this charter shall be held to be exclu-
sive and shall have, exercise and enjoy all the rights, immunities, powers,
and privileges and be subject to all the duties and obligations now apper-
taining to and incumbent on said town as a municipal corporation, and the
said town of Fairfax, as such, shall have perpetual succession, may sue and
be sued, implead and be impleaded, contract and be contracted with, and
may have a corporate seal which it may alter, renew, or amend at its
pleasure by proper ordinance.

§ 2. The corporate limits of the town of Fairfax, Virginia, as hereto-
fore established, are hereby reestablished, and shall be taken and deemed
as the town of Fairfax as follows:

“Beginning at a point on the east line of the Chain Bridge Road (Route
123) said point being the intersection of the said east line of Route 123
and the north line of the former Riley Tract, and also being N 62° 48’ 05”
E 2017.55 feet from a Geological Survey Monument marked TT-3-HDW-
1948 near the west side of the fence at the Fairfax High School Athletic
Field; thence with the said east line of Route 123 N 3° 45° 10” W 832.51
feet to a point; thence departing from Route 123 S 87° 46 00” E 660.09
feet to a point; thence N 10° 42’ 00” E 191. 47 feet to a found pipe; thence
S 86° 04’ 30” E 2543.70 feet to a point in Accotink Creek; thence with the
meanderings of Accotink Creek the following bearings and distances:
S 20° 22’ 10” W 262.80 feet, S 71° 06’ 00” W 126.00 feet, S 32° 25” 00”
W 505.25 feet, S 39° 49” 00” E 100.00 feet, S 27° 36’ 00” W 330.00 feet,
S 15° 19’ 00” E 82.00 feet, S 37° 36’ 00” W 471.00 feet, S 6° 26 00”
W 274.48 feet, S 65° 09” 00” E 115.00 feet, S 52° 11’ 00” W 122.00 feet,
5S 17° 417 00” W 139.00 feet, N 79° 43’ 30” W 204.90 feet, S 35° 07 30”
W 80.35 feet, S 44° 49% 30” W 50.98 feet, S 44° 50’ 00” W 50.99 feet,
S 26° 04’ 30” W 40.77 feet, S 16° 00 30” W 69.33 feet, S 38° 03’ 20”
E 50.00 feet, S 41° 50” 20” W 41.03 feet, S 27° 04” 00” E 29.10 feet,
5 51° 30’ 40” W 31.06 feet, S 82° 25” 00” W 115.41 feet, S 53° 52” 00”
W 17.57 feet, S 40° 10’ 30” W 22.08 feet, S 5° 14° 50” W 58.18 feet,
S 33° 11’ 00” W 70.71 feet, S 19° 56’ 40” E 113.14 feet and S 70° 03” 20”
W 141.42 feet; thence departing from Accotink Creek and with the line
of Willard S 6° 01’ 40” E 604.30 feet to a monument marked ‘‘LH”; thence
S 74° 16’ 40” E 729.47 feet to a point; thence S 70° 15’ 50” E 134.30 feet
to a point on the east side of the Old Lee Highway (Route 237); thence
departing Route 237, S 75° 26’ 10” E 750.06 feet to a found pipe; thence
N 17° 13’ 40” W 31.10 feet to a point; thence N 61° 05’ 20” E 463.60 feet
to an old cedar stake found; thence S 86° 41’ 40” E 1295.15 feet to a found
pipe; thence S 3° 22’ 20” E 343.17 feet to a point; thence S 30° 08’ 50”
E 1418.83 feet to a box oak found; thence S 31° 38’ 00” E 917.11 feet to a
found pipe; thence S 18° 37’ 00” W 435.37 feet to a found pipe on the
north line of Little River Turnpike (Route 236) ; thence with the said north
line of Little River Turnpike (Route 236) N 81° 02’ 50” W 1358.74 feet to
a point; thence departing the north line of Little River Turnpike (Route
236) S 8° 57° 10” W 60.00 feet to a found pipe in the south line of Little
River Turnpike (Route 236) ; thence departing the said south line of Little
River Turnpike (Route 236) S 11° 09’ 30” E 1227.14 feet to a found pipe;
thence S 0° 47 20” W 1354.91 feet to a found pipe; thence N 81° 30” 10”
W 1756.05 feet to a point on the east side of Roberts Road; thence along
the east line of Roberts Road S 0° 31’ 40” E 517.36 feet to a point; thence
N 88° 58’ 40” W 933.18 feet to a found stone; thence S 9° 15’ 10” W 282.96
feet to a persimmon tree found; thence N 85° 4 00” W 1046.38 feet toa
found pipe; thence N 13° 11’ 10” W 237.00 feet to a point; thence S 82°
o2’ 20” W 1117.56 feet to a point in the line of Morarity ; thence with the
line of Morarity N 8° 12’ 40” W 419.10 feet to a found pipe; thence
S 81° 50’ 20” W 660.65 feet to a point; thence N 11° 00’ 40” W 104.20
feet to a point; thence S 81° 50’ 20” W 452.68 feet to a point in the west
line of Payne Street (Route 123) ; thence with the said west line of Payne
Street (Route 123) S 11° 58’ 20” E 174.35 feet to a sycamore tree found;
thence S 88° 59’ 10” W 317.42 feet to a point; thence S 69° 31’ 20” W 289.10
feet to a point; thence S 20° 14’ 20” W 73.20 feet to a point; thence N 71°
58’ 30” W 650.58 feet to a found pipe; thence S 47° 04’ 40” W 954.24 feet
to a found pipe; thence N 1° 06’ 30” W 3625.88 feet to a found pipe; thence
N 84° 50’ 20” W 1117.30 feet to a point; a corner to Taylor; thence with the
lines of Taylor N 10° 34” 20” W 640.20 feet and N 87° 18’ 50” W 749.76
feet to a found stone; thence N 33° 49” 30” W 859.93 feet to a found
pipe; thence N 87° 57’ 40” W 881.49 feet to a found stone in the east line
of Burke Road; thence with the east line of Burke Road the following
bearings and distances: N 14° 36’ 40” W 264.00 feet, N 16° 47’ 40”
W 613.00 feet, and N 23° 55’ 40” W 202.98 feet to a point in the south line
of the Warrenton Pike (Route 29 and 211) ; thence with the south line of
Warrenton Pike (Routes 29 and 211) N 80° 13’ 20” E 2188.40 feet to a
point in the south line of Little River Turnpike (Route 236) ; thence with
the said south line of Little River Turnpike (Route 236) S 65° 02” 40”
E 58.27 feet and S 62° 46’ 30” E 836.32 feet to a point; thence N 13° 57
00’ E 2148.29 feet (passing through a row of old cedar trees on line) to
a found pipe in the south line of Fairfax Woods Subdivision; thence with
the south line of Fairfax Woods Subdivision N 75° 43’ 30” W 1374.20 feet
to a found stone in the west line of Fairfax Woods Subdivision; thence
with the said west line of Fairfax Woods Subdivision N 20° 25’ 20” E 625.26
feet to a found pipe in the north line of Fairfax Woods Subdivision; thence
with the said line S 84° 11’ 30” E 4512.69 feet to the point and place of
beginning, containing 1626.210 acres more or less.”

§ 3. (a) The government of the said town shall be vested in a town
council, which shall be composed of a mayor and six councilmen, each of
whom shall be a qualified voter and a freeholder within the said town, pro-
vided, however, that any qualified voter, whose spouse is a freeholder within
the town, shall be eligible to the office of mayor or councilman.

(b) The mayor and six councilmen shall be elected on the second Tues-
day in June, nineteen hundred fifty-four, and every two years thereafter,
and shall hold office for two years from the first day of September next
succeeding their election.

(c) The officers aforesaid shall qualify by taking the necessary oaths
of office on or before the first day of September next succeeding their
election, and shall enter upon the duties of their office on the first day of
September, next succeeding their election, and shall continue in office until
their successors have qualified.

(d) The council shall appoint a clerk and a town treasurer, and such
other officers as it shall deem necessary or proper, and may prescribe the
duties of all town officers in addition to any duties prescribed by this
charter. All town officers shall hold office at and during the pleasure of
the council, and the said officers shall qualify and execute bond in the man-
ner prescribed by resolution of the council, and the council shall have power
to fill at any time a vacancy in any of these offices created by death, resig-
nation, removal or otherwise.

(e) Registration of voters, qualification by candidates, and conduct of
elections shall be in accordance with governing general law. Any matter
or situation arising in this connection which is not covered by such general
law shall be decided by the council.

(f) Tie votes shall be decided by lot, drawn before the mayor, and con-
tests shall be tried and finally determined by the mayor, pursuant to such
regulations as the town council may adopt.

(g) The town council shall, except as above provided, be the judge of
the election, qualification and returns of its members; may fine them for dis-
orderly behavior, and may, with the concurrence of two-thirds of all mem-
bers elected, and after due notice, expel a member.

(h) There shall be an annual meeting of the town council on the first
Wednesday of September in each year, at which time the town treasurer
shall make his annual settlements with the council, and at the annual
meeting next succeeding a town election the new council shall organize
and appoint or reappoint all town officers.

(i) There shall be such other regular and special meetings of the
town council as the council or mayor may prescribe, and at all meetings
four members of the council, of whom the mayor may be one, shall con-
stitute a quorum for the transaction of all business.

§ 4. The officers appointed by the town council shall receive such
compensation as may be allowed by the council, but neither the mayor nor
any member of the council, except as may be otherwise provided in this act,
shall receive any compensation except for special service, upon the recorded
affirmative vote of at least four members of the council, and in no case
shall the interested official be entitled to a vote in the matter of such com-
pensation.

§ 5. The council shall have power to define and mark the boundaries
of streets; to lay out new streets, alleys and sidewalks; to provide for
order and quiet and the observance of the Sabbath; to plant and protect
shade trees; to make regulations in respect to public health; to abate
nuisances, and, to this end, confer upon the mayor and such other officers
as may be designated all necessary authority and jurisdiction; to regulate
and prohibit the running at large of animals; to assess, levy and collect
taxes on all property of every character and description within the corpora-
tion except as prohibited by general law; to grant franchises within the
corporation, and to pass all ordinances that may be deemed necessary or
proper to carry into effect the objects of the incorporation and promote the
general welfare of the town and to punish their violation by fine or im-
prisonment or both, and shall have power to exercise all other powers which
may not be herein expressly named, granted to incorporated towns under
the general laws of the State.

§ 6. The mayor shall preside over the council, but shall have no vote,
except in case of a tie, or where his vote will be decisive.

He shall have the authority and jurisdiction of and receive the same
fees as a justice of the peace. His jurisdiction in criminal matters shall
extend one mile beyond the corporate limits. In the absence of the mayor
from the town, he shall before leaving designate some member of the
town council to act as mayor during his absence, but in case he should
fail to designate, the council shall have authority to elect a mayor pro
tempore during his absence, and in case of inability or disability of the
mayor to perform the duties of his office, the council shall have like power
to elect a mayor pro tempore during the period of such inability or dis-
ability. In any case where the mayor, for any reason, deems it improper
for him to appear in a case before the town court, or in any case of absence,
inability or disability on his part, he may designate some member of the
town council or other qualified person residing within the town of Fairfax
to preside over the town court in his stead, and the official action of such
councilman or other person so designated shall have the same validity as if
done by the mayor. The mayor shall have power to call a special meeting
of the town council at any time, and his official statement, signed by him,
recorded in the minutes of the council as to the time and manner of calling
the meeting shall be conclusive that the meeting was duly and regularly
called in the manner and at the time and place mentioned in his statement.
He shall have the right to approve or veto the franchises granted by the
town council, but the council by a recorded vote of two-thirds of all of
its members shall have the right to grant a franchise over his veto.

§ 7. The town clerk shall be the custodian of the books and records,
and shall make and keep an accurate report af all council proceedings,
and discharge such other duties as the council may assign.

§ 8. The treasurer of the town shall receive all fines paid to the town,
all license fees, franchise fees, taxes, water and sewer service and connec-
tion charges, and all other revenues collected by the town. He shall make
proper disbursement of moneys collected by him, upon warrant or order
signed as prescribed by the council. Within the corporation the said town
treasurer shall have the same powers as a county treasurer.

§ 9. The town council shall annually assess, levy and collect all neces-
sary taxes for roads and streets and other corporate purposes, on all prop-
erty within the corporation, which tax for roads and streets and other
corporate purposes shall not exceed sixty cents on the one hundred dollars
($100.00) valuation, but upon the petition of two-thirds of the resident
taxpayers within the corporation, the town council may levy an additional
tax for roads and streets or other corporate purposes not to exceed the
amount named in said petition, except that the rate on tangible property
shall be fixed by the general law.

The assessment for taxation of property shall be the same as the
last county assessment, provided that the assessor, who shall be elected by
the council, shall notify the commissioner of the revenue of the county
of any personal property or any real estate not assessed by the county,
and all improvements made, adding value to any real estate since the last
county assessment and thereupon the same shall be assessed as provided
by general law.

As the assessment is completed the tax tickets shall be made out by
the town treasurer. All taxes shall be due and payable on the first day
of December in each year, and a penalty of five per cent shall be added
to all tax bills not paid on or before the first day of the next succeeding
February.

At the annual meeting of the council held on the first Wednesday in
September of each year, the town treasurer shall make his annual settle-
ment with the town council and he shall also, whenever requested by the
council, make a full report of all receipts and disbursements. The council
shall have power to provide for sale or rental of any real estate so delin-
quent, and generally shall have all the powers, rights and remedies pos-
sessed by the State and county for the collection of unpaid and delinquent

xes.

§ 10. The corporation shall have the use of the county jail, whose
jailor shall receive and keep all persons duly committed by the proper
officers of the corporation, and he shall be paid for the board of such
prisoners from the treasury of the town at like rates as other prisoners
in such jail. The mayor and town council shall have the use of the county
courthouse as their town house, for the transaction of official business,
when the same is not otherwise occupied and used by the circuit court
judge, the board of supervisors, or for other county purposes, which privi-
lege shall in no manner lessen the authority and control over the said
courthouse building, as by law established, by the said circuit court and
board of supervisors. Nothing said in this section shall be construed as
preventing the council from holding its meetings, regular or special, at
any other place or places as they may by resolution provide.

§ 11. This act shall not operate to repeal any of the ordinances or
regulations now in force in the corporation at the date of its passage,
except in so far as they might conflict with this act.

§ 12. All acts and parts of acts in conflict with the provisions of this
act are hereby repealed, provided, however, that the present members of
the town council, and other officers of the corporation, shall continue in
office until the first day of September, nineteen hundred and fifty-four,
or until their successors have qualified.

§ 18. This charter shall be subject to the Constitution and the general
laws of this State.

§ 14. Should any section of this charter be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the
validity of this charter as a whole or any other part thereof.

2. Chapter 282 of the Acts of Assembly of 1891-92, entitled “an act to
incorporate the town of Fairfax, in the county of Fairfax”, approved
February 16, 1892, and all acts amendatory thereof, are hereby repealed.

3. An emergency exists and this act is in force from its passage.