Chap. 420.—An ACT to provide a new charter for the town of Vienna, in Fairfax
county, and to repeal an act entitled ‘‘An act to incorporate the town of Vienna,
in Fairfax county.’’, approved February 28, 1890, and all acts amendatory
thereof, or any part thereof. [H B 504]

Approved April 1, 1940

1. Beit enacted by the General Assembly of Virginia as follows:

Section 1. The inhabitants of the territory embraced within the
present limits of the town of Vienna, as hereinafter defined, or as the
same may be hereafter altered in the manner prescribed by law, shall
continue to be a body politic and corporate under the name and style
of the town of Vienna, and as such, shall have all the powers and
authority and be subject to all the duties and obligations conferred
and imposed upon towns by the Constitution and the general laws
of the State of Virginia.

The territory embraced within the present corporate limits of the
town of Vienna is, the territory in the county of Fairfax, included in
a square to be ascertained by surveying along Maple Avenue, extended
three-fourths of a mile each way: from its intersection with Center
Street, and at right angles thereto, along Center Street extended
three-fourths of a mile each way, thus forming a rectangle one and
one-half miles square, with sides parallel to said avenue and street;
and said territory shall also constitute one of the road districts of
Fairfax county.

Section 2. The government of said town shall be vested in a town
council, which shall be composed of a mayor and five councilmen, and
the town shall also have a town sergeant, all of whom shall be residents
and qualified voters of the town.

The mayor, five councilmen and the town sergeant shall be elected
by the qualified voters of the town, on the second Tuesday in June of
the year nineteen hundred and forty, and every two years thereafter,
all of whom shall hold office for terms of two years, beginning on the
first day of September next succeeding their election, and shall con-
tinue in office until their successors shall have qualified.

Section 3. The council shall appoint a clerk, a treasurer, and
such other officers as the council may deem necessary or proper, all
of whom shall hold office at, and during the pleasure of, the council,
and said officers shall qualify as prescribed by law, and shall execute
such bonds as may be prescribed by resolution of the council; and the
council shall have power to fill any vacancy in any of such offices.

The same person may be appointed to two or more of the offices
provided for by this section, in the discretion of the council.

Section 4. (a) Notwithstanding any provision of any statute or
act to the contrary, the council shall, not less than fifteen days before
any town election in said town, appoint a registrar and three judges
of election, which judges shall also act as commissioners of election,
and should any judge fail to qualify, or fail or decline to act, the council
may fill his place by appointment before or on the day of election.
In all other respects, the provisions of sections twenty-nine hundred
and ninety-five to twenty-nine hundred and ninety-nine, both in-
clusive, of the Code of Virginia, shall be applicable to election officers
and town elections in the town of Vienna.

(b) Any person who intends to be a candidate for any town office
shall at least ten days before such election, notify the mayor or town
clerk in writing, attested by two witnesses, of such intention, desig-
nating the office for which he is a candidate. No person, not an-
nouncing his candidacy as above provided, shall have his name
printed on the ballots provided for such election.

(c) The council shall provide printed ballots for use in all town
elections, and such ballots shall contain the names of all candidates
for office in such town elections, who shall have given written notice
as hereinbefore provided for; but any voter may erase any name or
names in the ballot voted by him, and insert another or others therefor,
but no other ballot shall be used in any election than such as are
provided by the town council. , 7

(d) The judges shall count the ballots and make duplicate re-
turns of the result. One of the said returns, with the ballots sealed
up, shall be returned to the mayor or council, and recorded in the
record books of said council; the other shall be returned to. the clerk’s
office of the Circuit Court of Fairfax County. The mayor shall issue
to those elected certificates of election which shall be countersigned
by the town clerk. Tie votes shall be decided by lot, and contests
shall be tried and finally determined by the mayor, pursuant to such
regulations as the town council may adopt. :

Section 5. The mayor shall be the chief executive officer of the
town. He shall have power and authority to try all prosecutions,
cases and controversies arising under the by-laws and ordinances of
the town, and inflict such punishments as may be prescribed by law,
or by ordinances of the town, and may issue executions for the collec-
tion of fines, penalties or costs imposed by him; and upon the failure
of any offender to pay any such fine, penalty or costs, he may order
such offender to be confined in the jail of Fairfax county as provided
by law. He may compel any person sentenced to confinement in
jail for petty larceny or other misdemeanor, or for any other violation
of any town ordinance, to work on the streets, alleys, public work, or
other public property of said town, for such time as he may require,
but not for a longer time than the term of such jail sentence.

In case a vacancy shall occur in the office of mayor, the vacancy
shall be filled by appointment by the council, of any one eligible to
such office.

Section 6. The council shall by ordinance fix the time of their
stated meetings, and they shall meet at least once a month. Special
meetings may be called at any time by the mayor or by three members
of the council, provided that all members are duly notified a reason-
able period of time prior to such meeting, and no business shall be
transacted at a special meeting thereof, except that for which it shall
be called, unless all members of the council be present.

Three members of the council, and the mayor, shall constitute a
quorum for the transaction of business. No vote taken at any meeting
shall be reconsidered or rescinded at any subsequent special meeting
unless at such special meeting there be as many members of the council
present as were present when such vote was taken.

The council shall have all powers and authority that is now or may
hereafter be granted to councils of towns by the general laws of this
State, and by this act; and the recital of special powers and authorities
herein shall not be taken to exclude the exercise of any power and
authority granted by the general laws of this State to town councils,
but not herein specified.

Section 7. The council shall have the power to control and
manage the fiscal and municipal affairs of the town and all property,
real and personal, belonging to said town, and to make such ordi-
nances, orders, and resolutions relating to the same as it may deem
necessary. And it shall have the further power to purchase, hold, sell
and convey all real and personal property within or without the
corporate limits, necessary for its use and purposes.

Section 8. The council shall have power and authority to borrow
money in the name of the town and for its uses and purposes whenever
in the opinion of a majority of its members, ascertained by a record
yea and nay vote of all members elected to the council it is to the best
interests of the municipality to do so, such borrowed money to be
evidenced by the bonds, notes or certificates of indebtedness of the
said town duly executed by the mayor thereof and attested by the
clerk of the council, but the amount of the indebtedness shall not
exceed twelve per centum of the tax levied for the year current at
the time of said loan.

Section 9. All ordinances now in force in the town of Vienna, not
inconsistent with this act, shall be and remain in force until altered,
amended or repealed by the council.

Section 10. If any clause, sentence, paragraph or part of this act
shall for any reason be adjudged by any court of competent jurisdic-
tion 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
clause, sentence, paragraph, or part thereof directly involved in the
controversy in which said judgment shall have been rendered.

2. An act entitled ‘An act to incorporate the town of Vienna, in
Fairfax county.’’, approved February twenty-eighth, eighteen hundred
and ninety, and all acts amendatory thereof, or any part thereof, are
hereby repealed.

3. An emergency existing, this act shall be in force from its
passage.