CHAPTER 433

An Act to provide a charter for the town of Leesburg in the county of
Loudoun, Virginia, and to repeal Chapter 408, Acts of Assembly of
1936, approved March 380, 1986, and all amendments thereof.

[H 228]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

General Provisions.
1. § 1-1. Definition of municipality.

Wherever the word “municipality” or ‘municipal’ appears in this
Charter it shall be construed to refer to the Corporation of Leesburg,
Virginia.

§ 1-2. Corporate status; powers and privileges generally.

The Corporation of Leesburg, in Virginia, in the County of Loudoun,
shall continue to be a town corporate, in the name and style of the Town
of Leesburg, in Virginia, and as such shall have and may exercise the
powers and privileges hereinafter set forth, and all powers and privileges
conferred upon it by this Charter and which are now, or may be hereafter
delegated to towns in accordance with the Constitution or laws of the
Commonwealth of Virginia.
§ 1-8. Corporate limits.

The corporate limits or boundaries of the municipality, unless and
until changed in the manner prescribed by law, shall be the same as set
forth in law order book, number eight, pages two hundred and seventy-
three and two hundred and seventy-four of the circuit court of Loudoun
County, and as enlarged and set forth in deed book eight-p, page three
hundred and ninety-seven, clerk’s office of the circuit court of Loudoun
County; and as set forth in the law order book, number 23, page four
hundred and forty-one, and as set forth in deed book three hundred and
eighty-four, page four hundred and fifty-four in the clerk’s office of the
Circuit Court of Loudoun County, Virginia.

§ 1-4. Corporate seal.

The municipality may provide for the adoption of its corporate seal.

8 1-5. Elections generally.

All elections shall be conducted pursuant to and in accordance with
the general law governing the holding of elections in towns.

Chapter 2.
Municipal Council Generally; Mayor;
Mayor Pro Tempore, Powers and Duties

§ 2-1. Legislative powers in municipal council.

The legislative powers of the municipality shall be vested in a
municipal council, consisting of seven members, one of whom in addition
shall be a mayor, who shall be elected as specified herein. Each member shall
be an elector of the municipality.

§ 2-2. Election; composition; terms of office.

On the second Tuesday in June, 1963, there shall be elected by the
qualified voters of the municipality six members of the municipal council.
The three candidates receiving the highest number of votes in such election
shall be elected for a term of four years, beginning September 1, 1963,
and until their successors are elected and qualified. The three candidates
receiving the next highest number of votes in such election shall be
elected for a term of two years, beginning September 1, 1963, and until
their successors are elected and qualified. On the second Tuesday in
June of each odd-numbered year following 1963, there shall be elected,
for a term of four years, beginning September 1 of the year of their
election, and until their successors are elected and qualified, a number of
candidates as members of the municipal council, equal to the number
of terms expiring on September 1 following such election.

§ 2-8. Election of Mayor; term of office and mayor pro tempore.

On the second Tuesday in June, 1963, there shall be elected by the
qualified voters of the municipality a mayor for a term of two years, be-
ginning September 1, 19638, and until his successor is elected and qualified.
On the second Tuesday in June of each odd-numbered year following 1963,
the mayor shall be elected, for a term of two years, beginning September 1
of the year of his election, and until his successor is elected and qualified.

The mayor shall preside at all meetings of the council and he shall be
a regular member of the council and shall have no power of veto.

He shall be recognized as the head of the municipal government for all
ceremonial purposes, the purpose of military law and the service of civil
process.

The mayor shall authenticate by his signature such documents and
instruments as the council, constitution or general laws require.

In the absence or disability of the mayor, the council shall appoint a
mayor pro tempore to serve during such absence or disability with the
same powers and duties.

§ 2-4. Clerk of the Council.

The council may appoint a clerk of the council whose duties shall be
prescribed by the council.
§ 2-5. Meetings. ;

All meetings of the council shall be public unless the council by a
recorded affirmative vote of two-thirds of its members present shall declare
that the public welfare requires an executive session. No official action
shall be taken by the council while in executive session.

§ 2-6. Vacancies in office of councilman. "

Vacancies in the office of councilman for whatever cause shall be filled
for the unexpired portion of the term by majority vote of the remaining
members of the council. If the council shall fail to fill a vacancy in its
membership within ninety days of the occurrence of the vacancy, such
vacancy shall be filled by appointment of the Judge of the Circuit Court of
Loudoun County, Virginia.

§ 2-7. Rules of proceedings.

The council may by ordinance adopt such rules as it may deem proper
for the regulation of its proceedings and the time of its meetings.

It shall hold at least one regular monthly meeting.

§ 8-1. Adoption of State law provisions.

The powers set forth in §§ 15-77.1 through 15-77.70, of the Code of
Virginia as in force on January 1, 1962, are hereby conferred upon and
vested in the town of Leesburg.

§ 8-2. Salaries and wages.

Salaries and wages of all officers and employees shall be set by the
council within the limits of the State law; provided, however, that each
member of the council shall receive an annual salary not to exceed two
hundred dollars. The council may allow the mayor additional expenses not
to exceed three hundred dollars per year.

§ 3-8. Power of municipality to acquire land or interests therein for
exchange with public utility company.

Whenever any public utility company owns any land or any easement,
right of way or other interest in land which the municipality deems neces-
sary and intends to acquire for any public purpose, which land, easement,
right of way or other interest in land owned by the public utility company
is devoted to a public use, the municipality may acquire by gift, purchase
or by the exercise of the power of eminent domain additional or a like
easement, right of way or interest in land adjacent to or approximately
adjacent to such land needed and proposed to be acquired by the
municipality and may then convey the same to the public utility company
for use by it in lieu of the land, easement, right of way or other interest
in land theretofore owned by it but needed by the municipality. The con-
demnation of such land, easement, rights of way or other interest in land
to be conveyed to any public utility company shall be governed by the
same procedure prescribed by this Charter and may be carried out at the
same time if against the same property owner and if against the same
landowner or in the same proceedings in which land is condemned for the
municipality. The municipality may, under the same procedure and con-
ditions prescribed by this chapter, with prospective property needed by
the municipality, enter upon and take possession of such property to be
conveyed to any public utility company prior to the acquisition of title
thereto in condemnation proceedings and proceed with the relocation of
the installations of the public utility company in order that the purposes
of ithe municipality necessitating such action may be carried out without

elay.

§ 8-4. Utility rates.

The municipality shall have the power and right to charge a different
rate for any utility service rendered or convenience furnished to citizens
without the corporate limits from the rates charged for similar service to
citizens within the corporate limits.
§ 8-5. Damage, etc., to property.
The municipality may prohibit or punish mischievous, wanton or
malicious damage to school property, public property or private property.
§ 8-6. Municipal Sergeant.
The council may at its discretion provide for the appointment of a
municipal sergeant.
Chapter 4.

Municipal Manager.

§ 4-1. Appointment, qualifications, term, removal.

The administrative and executive powers of the municipality, except
where in conflict with other provisions of this Charter, including the
power of appointment of officers and employees, shall be vested in a
municipal manager, who shall be appointed by the council at its first
meeting or as soon thereafter as practicable. The municipal manager need
not, when appointed, be a resident of the municipality or the state. The
municipal manager shall hold office during the pleasure of the council.

§ 4-2. General duties.

The municipal manager shall:

(1) See that within the municipality the laws, ordinances, resolu-
tions and bylaws of the municipality are faithfully executed;

(2) Attend all meetings of the council and recommend for adoption
such measures as he shall deem expedient;

(3) Make reports to the council from time to time upon the affairs
of the municipality ;

(4) Keep the council fully advised of the municipality’s financial con-
dition and its future financial needs;

(5) Prepare and submit to the council a tentative budget for the next
fiscal year; and

(6) Perform such other duties as may be prescribed by the council
not in conflict with this Charter.

§ 4-8. Powers as to municipal officers, employees, etc.

All officers and employees of the municipality, as the council shall
determine are necessary for the proper administration of the municipality,
whether such officials or employees be state or municipal, shall be ap-
pointed and may be removed by the manager, (except as otherwise pro-
vided by this Charter) who shall report each appointment or removal to
the council at the next meeting thereof following any such appointment or
removal.

Chapter 5.

Issuing Justices.

§ 5-1. Creation of office.

There is hereby created the office of issuing justices for the munic-
ipality.

§ 5-2. Appointment.

The council may appoint not more than two issuing justices who are
qualified electors of the town, and who shall hold office at the pleasure of
the council. The council may fill any vacancy in the office of issuing justice.

§ 5-8. Powers.

The issuing justices so appointed shall have power to issue warrants
for violation of municipal ordinances, and civil warrants in cases in which
the police justice has jurisdiction, the power to issue subpoenas or other
processes the same as could be issued by the police justice and the power
to admit to bail in any case where the police justice could admit to bail,
but any warrant, summons or process issued by such issuing justices for
violation of a municipal ordinance shall be returnable before the police
justice or the substitute justice.
§ 5-4. Compensation; costs.

Compensation shall be paid to any such issuing justices by the munic-
ipality as provided by the council.

For the issuance of any warrant, subpoena, or other process and for
admitting any person to bail, such issuing justices shall charge the same
fees and costs as are provided in like cases by general law, which fees,
costs and cash bail shall be paid to the clerk of the police court.

§ 5-5. Procedure for issuing warrants, etc.

The procedure for issuing warrants, service of process, return of a
warrant, examination, bail, arrest, commitment and recognizances as pro-
vided by general law shall be followed by the issuing justices and police
officers of the municipality.

Chapter 6.

Police Court.

§ 6-1. Generally.

There shall be a police court of the municipality, which court shall
have original jurisdiction of all cases involving violations of the provi-
sions of this Charter and of all ordinances of the municipality and of cases
instituted for the collection of the municipal taxes or other debts due and
owing the municipality. The trial officer presiding over the police court
shall be known as the police justice of the municipality and shall have the
right and authority to issue warrants, summon witnesses and try all cases
arising within the jurisdiction of said court. The police justice and substi-
tute police justice shall be appointed by the council and the substitute
police justice shall serve in the absence of the police justice and shall have
the same power and authority of the police justice. The police justice
and substitute police justice need not be a resident of the municipality.
The mayor may be appointed to serve as police justice or substitute police
justice. The council shall prescribe the terms of office, the salary to be
paid, the oath to be subscribed to by the police justice and substitute
police justice and the bond to be given. The council may provide a clerk
for the police court to serve at the pleasure of the council or such clerical
assistance as it deems necessary, and prescribe the duties and fix the com-
pensation of all such employees. All provisions with respect to venue,
process and order of publication, and procedure in county courts shall be
applicable to all cases instituted in and heard in the police court. The pro-
cedure in and appeals from such court shall be the same as provided by
general law for county courts. The fees in such court shall be as provided
for by general law for county courts. All fees and fines imposed by the
trial officer shall be paid into the treasury of the municipality.

Chapter 7.
Taxation.

§ 7-1. Commissioner of Revenue; appointment, duties.

The municipal manager shall appoint, with the advice and consent of
the council, a commissioner of revenue who shall have the same power
and duties provided by the Constitution and general law for commissioners
of revenues for counties, who shall serve at the pleasure of the munici-
pal manager.

§ 7-2. Treasurer; appointment, duties.

The municipal manager shall appoint a municipal treasurer, who
shall serve at the pleasure of the municipal manager. The treasurer shall
receive such compensation and give such bond as may be prescribed by
the council, and perform such duties as may be prescribed by the munici-
pal manager.
§ 8-1. Ratification and continuation of ordinances, privileges, rights,
etc.

All ordinances and resolutions heretofore made and adopted by the
municipality, not in conflict with this Charter, are hereby ratified and
confirmed and shall be and remain in full force and effect until altered,
amended or repealed by the council of the municipality.

And all the rights, privileges and property of the municipality hereto-
fore acquired, now owned or enjoyed, shall continue undiminished and
remain vested in the municipality.

§ 8-2. Continuation of present offices, etc.

All officers and employees heretofore elected or appointed shall remain
in office and continue in their employment and be vested with the powers
and duties heretofore imposed upon them by the council or by operation of
law or hereafter imposed upon them under the provisions of this Act until
their successors are duly elected or appointed as provided by law or until
action is taken by the municipality as set forth in § 15-77.9, Code of
Virginia, as in force on January 1, 1962; provided, however, that the
treasurer, issuing justices, and recorder at the time of the passage of this
Act shall continue in office with the same duties and powers until Sep-
tember 1, 1963, or until their successors are elected or appointed and
qualified.

§ 8-8. Severability.

If any clause, sentence, paragraph, or part of this Act shall for any
reason be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of the Act,
but shall be confined in its operation to the part of the act directly involved
in the controversy in which the judgment shall have been rendered.

2. Chapter 408, Acts of Assembly, 1936, approved March 30, 1936, and
all amendments thereto, are hereby repealed.

3. An emergency exists, and this act shall be in force on and after
March one, nineteen hundred sixty-two.