CHAPTER 468

An Act to provide a new charter for the City of Fairfax, and to repeal
Chapter 857 of the Acts of Assembly of 1954, approved April 2, 1954,
and all acts amendatory thereof, which act provided a new charter
for the Town of Fairfax, which town was made a city of the second
class by order of the Circuit Court of Fairfax County, dated June

380, 1961.
(H 860]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

INCORPORATION AND BOUNDARIES

§ 1.1. Incorporation.—The inhabitants of the territory comprised
within the limits of the City of Fairfax as the same now are or may here-
after be established by law, shall continue to be a body politic and corpo-
rate under the name of the City of Fairfax and as such shall have per-
petual succession, may sue and be sued, contract and be contracted with
and may have a corporate seal which it may alter, renew or amend at its
pleasure.

§ 1.2. Boundaries.—The corporate limits of the City of Fairfax,
Virginia, as heretofore established, are hereby reestablished and the said
corporate limits as set forth in the final order entered on August seven,
nineteen hundred fifty-eight, by the Circuit Court of Fairfax County,
sitting as a duly constituted Annexation Court, in Town of Fairfax v.
County of Fairfax, At Law 7597, Circuit Court of Fairfax County.

POWERS

§ 2.1. General Grant of Powers.—The city shall have and may exer-
cise all powers which are now or may hereafter be conferred upon or dele-
gated to cities under the Constitution and laws of the Commonwealth and
all other powers pertinent to the conduct of a city government, the exer-
cise of which is not expressly prohibited by the said Constitution and
laws and which in the opinion of the council are necessary or desirable to
promote the general welfare of the city and the safety, health, peace, good
order, comfort, convenience and morals of its inhabitants, as fully and
completely as though such powers were specifically enumerated in this
charter, and no enumeration of particular powers in this charter shall
be held to be exclusive but shall be held to be in addition to this general
grant of powers.

§ 2.2. Financial Powers.—In addition to the powers granted by
other sections of this charter, the city shall have the power:

(a) To raise annually by taxes and assessments, as permitted by
general law, in the city such sums of money as the council shall deem
necessary to pay the debts and defray the expenses of the city, in such
manner as the council shall deem expedient. In addition to, but not as a
limitation upon, this general grant of power the city shall have power to
levy and collect ad valorem taxes on real estate and tangible personal prop-
erty and machinery and tools; to levy and collect gross receipts taxes
against public utilities; to levy and collect taxes for admission to or other
charge for any public amusement, entertainment, performance, exhibition,
sport or athletic event in the city, which taxes may be added to and col-
lected with the price of such admission or other charge; to levy and collect
taxes on hotel and motel rooms; unless prohibited by general law to require
licenses, prohibit the conduct of any business, profession, vocation or call-
ing without such a license, require taxes to be paid on such licenses in
respect of all businesses, professions, vocations and callings which cannot,
in the opinion of the council, be reached by the ad valorem system; and
to require licenses of owners of vehicles of all kinds for the privilege of
using the streets, and other public places in the city, require taxes to be
paid on such licenses and prohibit the use of streets, alleys and other
public places in the city without such license.

§ 2.3. The powers set forth in §§ 15-77.5 through 15-77.71 as in
force on January one, nineteen hundred sixty-two, are hereby conferred
on and vested in the City of Fairfax.

ELECTIONS OF COUNCILMEN AND MAYOR

§ 8.1. Election of Councilmen.—On the second Tuesday in June,
nineteen hundred sixty-two, and on the second Tuesday in June in every
second year thereafter there shall be held a general city election at which
shall be elected by the qualified voters of the city at large six members of
the council and a mayor for terms of two years from the first day of Sep-
tember following their election.

3.2. Nomination of Candidates for Council.—Candidates for the
office of councilmen and mayor may be nominated under general law.
There shall be printed on the ballots used in the election of councilmen
the names of all candidates who have been so nominated.

§ 8.3. Conduct of General Municipal Election.—The ballots used in
the election of councilmen shall be without any distinguishing mark or
symbol. Each qualified voter shall be entitled to cast one vote for each of
as Many aS six persons and no more. In counting the vote, any ballot found
to have been voted for more than six persons shall be void but no ballot
shall be void for having been voted for a less number. The six candidates
receiving the highest number of votes cast in such election shall be de-
clared elected. The general laws of the Commonwealth relating to the
conduct of elections, so far as pertinent, shall apply to the conduct of the
general municipal election.

3.4. Vacancies in Office of Mayor or Councilman.—Vacancies in
the office of mayor or councilman, from whatever cause arising, shall be
filled for the unexpired portion of the term by majority vote of the remain-
ing members of the council.

§ 3.5. Election of Other City Officers.—All other city officers re-
quired by the laws of the Commonwealth to be elected by the qualified
voters of the city shall be elected on the first Tuesday following the first
Monday in November preceding the expiration of the terms of office of
their respective predecessors, for such terms as are prescribed by law.
All such elective officers shall be nominated and elected as provided in
the general laws of the Commonwealth. A vacancy in the office of com-
missioner of revenue, city treasurer, or city sergeant shall be filled by the
council by majority vote of all its members for the interim period until
a successor is elected at the next general election and takes office. The
officers so elected or appointed shall qualify in the mode prescribed by law
and shall continue in office until their successors are elected and qualified.

MAYOR AND COUNCIL

§ 4.1. Composition.—The council shall consist of six members elected
as provided in Chapter 3. They shall receive in full compensation for their
services a sum not in excess of fifty dollars per council meeting attended.

§ 4.2. Powers.—All powers vested in the city shall be exercised by
the council except as otherwise provided in this charter. In addition to the
foregoing, the council shall have the following powers:

(a) To provide for the organization, conduct and operation of all
departments, bureaus, divisions, boards, commissions, offices and agencies
of the city.

(b) To create, alter or abolish departments, bureaus, divisions, boards,
commissions and offices.

(c) To designate time and place for all council meetings.

(d) To provide for the number, titles, qualifications, power, duties
and compensation of all officers and employees of the city, and to supple-
ment the salary of any elected official other than the mayor and council-
men, provided that any such supplement shall not exceed the maximum
permitted by general law.

(e) To provide for compensation of mayor in an amount not to
exceed five thousand dollars per annum.

§ 4.3. Mayor.—The mayor shall preside over the meetings of the
council and shall have the same right to speak therein as other members.
However, he shall not have the right to vote except in case of a tie or
unless his vote shall be decisive. He shall be recognized as the head of the
city government for all ceremonial purposes, the purposes of military law
and the service of civil process. In the absence or disability of the mayor,
the mayor may designate a member of the council to perform the duties
of mayor and if he fails to do so the council shall, by majority vote of
those present, choose one of their number to perform the duties of mayor.

§ 4.4. City Clerk.—The council shall appoint a city clerk for an
indefinite term. He shall be the clerk of the council, shall keep the journal
of its proceedings and shall record all ordinances in a book kept for the
purpose. He shall be the custodian of the corporate seal of the city and
shall be the officer authorized to use and authenticate it. He shall be clerk
of the municipal court unless otherwise provided by the council. All
records in his office shall be public records and open to inspection at any
time during regular business hours. He shall receive compensation to be
fixed by the council and all fees received by him shall be paid into the
city treasury.

§ 4.5. Induction of Members.—The city clerk shall administer the
oath of office to the duly elected members of the council and to the mayor
on or before August thirty-one immediately following their election. In
the absence of the city clerk the oath may be administered by any judicial
officer having jurisdiction in the city. The council shall be the judge of
the election and qualifications of its members. The first meeting of a newly
elected council shall take place in the council chamber in the city hall at
eight o’clock P.M. on the first Wednesday of September following their
election.

CITY MANAGER

§ 5.1. Appointment and Qualifications.—There shall be a city man-
ager who shall be the executive officer of the city and shall be responsible
to the council for the proper administration of the city government. He
shall be appointed by the council for an indefinite term. He shall be chosen
solely on the basis of his executive and administrative qualifications, with
special reference to his actual experience in or knowledge of accepted
practice in respect to the duties of his office. At the time of his appoint-
ment, he need not be a resident of the city or the Commonwealth, but
during his tenure of his office he shall reside within the city.

§ 5.2. Temporary Transfer of Personnel Between Departments.—
The city manager shall have power, whenever the interests of the city
require, irrespective of any other provisions of this charter, to assign
employees of any department, bureau, office or agency, to the temporary
performance of duties in another department, bureau, office or agency.

. Duties.—It shall be the duty of the city manager to: (a)
attend all meetings of the council with the right to speak but not to vote;
(b) keep the council advised of the financial condition of the future needs
of the city and of all matters pertaining to its proper administration, and
make such recommendations as may seem to him desirable; (c) prepare
and submit the annual budget to the council as provided in Chapter 6 of
this charter and be responsible for its administration after its adoption;
(d) prepare in suitable form for publication and submit to the council
at a regular meeting in September of each year a concise, comprehensive
report of the financial transactions and administrative activities of the
city government during the immediately preceding fiscal year; (e) present
adequate financial and activity reports at a regular meeting of the council;
(f) arrange for an annual audit by a certified public accountant; (g) with
the concurrence of the council to appoint and remove all department
heads; and (h) perform such other duties as may be prescribed by this
charter or required of him in accordance therewith by the council or which
may be required of the chief executive officer of a city by the general laws
of the Commonwealth other than the duties conferred on the mayor by
this charter.

§ 5.4. Relations with Boards, Commissions and Agencies.—The city
manager shall have the right to attend and participate in the proceedings
of, but not to vote in, the meetings of all boards, commissions or agencies
created by this charter or by ordinance, except the school board, and any
other board or commission the council may designate.

§ 5.5. Acting City Manager.—The council shall designate by ordi-
nance the head of one of the departments to act as city manager in case
of the absence, incapacity, death or resignation of the city manager, until
his return to duty or the appointment of his successor.

BUDGETS

§ 6.1. Fiscal and Tax Years.—The fiscal year of the city shall begin
on the first day of July and shall end on the thirtieth day of June of
the succeeding year. The tax year for taxes levied on real estate, tangible
January and end on the thirty-first day of December following, and the
tax year for all other taxes shall be fixed by the council by ordinance.
The rates of all taxes and levies, except on new sources of tax revenue,
shall be fixed at the time of adoption of the general fund budget.

§ Submission of Budgets.—On a day to be fixed by the council,
but in no case later than the first day of May in each year, the city manager
shall submit to the council and make available to the public separate
current expense budgets for the general operation of the city government,
hereinafter referred to as the general fund budget, including the total
budget for the support of public schools as filed with him by the school
board, and a budget of the amount necessary for the payment of the
principal of and interest on outstanding bonds of the city and reserve
requirements therefor, a budget message and the budget message of the
school board. A resume of the budget shall be published in a newspaper
having general circulation in the City of Fairfax at least fifteen days
prior to the public hearing at which the budget is adopted.

Preparation of Budgets.—It shall be the duty of the head
of each department, each board or commission and each other office or
agency supported in whole or in part by the city, including the commis-
sioner of revenue and the city sergeant, to file with the city manager or
with the director of finance designated by him, at such time as the city
manager may prescribe, estimates of revenue and expenditure for that
department, board, commission, office or agency for the ensuing fiscal year.

6.4. School Budget.—It shall be the duty of the school board to
file its budget estimates with the city manager. The action of the council
on the school budget shall relate to its total only and the school board
shall have authority to expend in its discretion the sum appropriated for
its use, provided that if it receives an appropriation greater or less than
its original request it shall forthwith revise its estimates of expenditure
and adopt appropriations in accordance therewith. The school board shall
have power to order during the course of the fiscal year transfers from
one item of appropriation to another, provided that nothing in this chapter
shall be construed to be in conflict with the provisions of Chapter 79, Acts
of Assembly, extra session, 1959, approved April 28, 1959, as amended.

§ 6.5. Reserve for Permanent Public Improvements.—The council
may, by ordinance, establish a reserve fund for permanent public im-
provements and may appropriate thereto any portion of the general fund
cash surplus not otherwise appropriated at the close of any fiscal year.
It may likewise assign to the said fund a specified portion of the ad
valorem tax on real estate and tangible property not to exceed ten cents
on the hundred dollars of the assessed valuation thereof or the whole or
part of the proceeds of any other tax.

BORROWING

§ 7.1. Borrowing Power.—The council may, in the name and for
the use of the city, incur indebtedness by issuing its negotiable general
obligation bonds or notes for the purposes and in the manner provided
in this chapter, and to the extent provided in this chapter and under the
general law when the general law is not inconsistent with this chapter.

The full faith and credit of the city shall be pledged for the payment
of the principal of and interest on such general obligation bonds and the
city shall be unconditionally and irrevocably obligated to levy ad valorem
taxes on all taxable property in said city without limitation as to rate
or amount to the full extent necessary for the payment of such principal
and interest on such general obligation bonds and for any reserve funds
provided therefor.

§ 7.2. Purposes for which Bonds or Notes May Be Issued.—(a)
Bonds, and notes in anticipation of bonds when the issue of bonds has
been authorized as hereinafter provided, may be issued for the purpose
of financing the whole or any part of the cost of any capital improvement
project which is hereby defined to include any public improvement, work
or utility which the city is authorized to undertake, including the acquisi-
tion of any property, real or personal, incident thereto, the construction
or reconstruction in whole or in part of any building, plant, work,
structure or facility necessary or useful in carrying out the powers of
the city, and the equipment or reequipment of the same and any and all
other purposes necessary and incidental thereto, and including any other
purpose authorized by general law or for which the city may lawfully make
an appropriation, except current expenses.

b) To anticipate the collection of tax revenue. Notes may be issued,
when authorized by the council, at any time during the fiscal year in
anticipation of the collection of any or all tax revenues not to exceed
sixty per cent of such estimated revenue for the fiscal year. Said notes
shall be repaid within 12 months from the date of issue and can be issued
only for budgeted purposes except as hereinafter provided.

(c) Notes in anticipation of bond proceeds. Temporary notes may be
issued at such times and amounts as may be deemed necessary by the
council in anticipation of the receipt of the proceeds of any bonds,
either revenue or general obligation, the issuance of which had been duly
authorized (herein called “bond anticipation notes’). Said bond anticipa-
tion notes shall not exceed the total principal amount of the bonds in
anticipation of which they are issued, shall be dated as of the date
of issuance, shall be executed by the mayor and city treasurer and sealed
with the corporate seal of the city attested by the city clerk, shal] be in
such form and denominations, shall be callable or non-callable, shall bear
such rate of interest as shall be determined by the council, and shall bear
a descriptive designation referring to the bonds in anticipation of which
they are issued. Said bond anticipation notes may be sold at public or
private sale in the discretion of the council and shall mature not later than
one year from the date of issuance provided that no such bond anticipation
notes or renewals thereof shall mature later than three years from the
date of the bonds in anticipation of which they are issued.

§ 7.3. Limitation on indebtedness.—In the issuance of bonds and
notes, the city shall be subject to the limitations as to amount contained
in § 127 of the Constitution of the Commonwealth.

§ 7.4. Issuance of Bonds. How Authorized.—The procedure for the
passage of an ordinance authorizing the issuance of bonds shall be the same
as for the passage of any other ordinance, except that no such ordinance
shall be passed as an emergency ordinance and that the affirmative votes
of two-thirds of the entire council shall be necessary for its adoption.
Upon adoption by the council of a bond ordinance, the city clerk shall
forthwith certify a copy of said ordinance to the Circuit or Corporation
Court having jurisdiction or to the judge thereof, in vacation, who shall
thereupon order a special election of the qualified voters of the city to
be held by general law in such cases provided. If a majority of those
voting therein at such election shall approve the ordinance, it shall take
effect immediately, and if not, it shall be void.

§ 7.5. Form and Execution of Bonds.—Any of said bonds shall be in
such form, either registered or coupon, and shall be in such denominations
as shall be determined by the council in the proceedings authorizing the
issuance of same. Said bonds may be made redeemable prior to maturity
at such prices as may be determined by the council, shall bear interest
at such rate or rates as shall not exceed an interest cost of six per centum
per annum as shall be determined at the sale thereof, shall mature at such
time or times as shall not exceed forty years from their date or dates
of issuance and shall be executed by the mayor and city treasurer by their
manual or facsimile signature and sealed with the corporate seal of the
city, either by impression or facsimile, attested by the city clerk by his
manual or facsimile signature, provided that one of said signatures shall
be manually applied.

§ 7.6. Procedure of Sale of Bonds.—All bonds issued under this
charter shall be sold at public sale upon sealed proposals after at least
ten days’ notice published at least once in a publication carrying municipal
bond notices and devoted primarily to financial news or to the subject of
State and municipal bonds, published or circulating in the City of New
York, New York, and at least ten days’ notice published at least once in
a newspaper of general circulation in the City of Fairfax. If no bids
are received at such sale or if any bid is deemed unacceptable, the city
may sell such bonds at private sale provided that the rate or rates received
shall not exceed an interest cost of six per centum per annum and such
rate shall not exceed the best bid received at such public sale.

§ 7.7. Short Period of Limitation—When thirty days shall have
elapsed from the date of approval of a bond ordinance by the voters, as
provided in this chapter, (a) any recitals or statements of fact contained
in such bond ordinance or in the preambles or recitals thereof shall be
deemed to be true for the purpose of determining the validity of the bonds
thereby authorized, and the city and all other parties interested shall
forever thereafter be estopped from denying the same; (b) such bond
ordinance shall be conclusively presumed to have been duly and regularly
passed by the city and to comply with the provisions of this charter and
all laws, and (c) the validity of such bond ordinance shall not thereafter
be questioned by either a party plaintiff or a party defendant, except in
a suit, action or proceeding commenced prior to the expiration of such
thirty days.

§ 7.8. Revenue Bonds.—The city shall have power to construct,
acquire, repair, improve, extend and operate water systems, sewer systems,
gas systems, electric systems, public parking systems, including both off-
street and on-street public parking facilities, and to issue from time
to time revenue bonds payable from the revenues derived from such water
systems, sewer systems, gas systems, electric systems, public parking sys-
tems or any other revenue producing undertakings or enterprises which the
city is authorized by this charter or any other law to construct or acquire,
(hereinafter referred to as ‘‘revenue undertakings’), or any combination
of such systems or other revenue undertakings, to finance or refinance
the cost or part of the cost of the acquisition, construction, reconstruction,
repair, extension or improvement of such systems or other revenue
undertakings, or any combination thereof, including the acquisition of
any property, real or personal, or mixed, therefor or other costs in
connection therewith or the refunding of outstanding revenue bonds
issued for such purposes.

(a) Any two or more of such systems or other revenue undertakings
may be combined and consolidated into a single revenue undertaking, and
may thereafter be operated and maintained as a single revenue under-
taking. The revenue bonds authorized herein may be issued to finance any
one or more of such revenue undertakings separately, or to finance two
or more of such revenue undertakings and regardless of whether or not
such revenue undertakings have been combined and consolidated into a
single revenue undertaking as provided herein. If the council deems it
advisable, the proceedings authorizing such revenue bonds may provide
that the city may thereafter combine the revenue undertakings then being
financed or theretofore financed with other revenue undertakings to be
subsequently financed by the city and that revenue bonds to be thereafter
issued by the city to finance such subsequent revenue undertakings shall
be on a parity with the revenue bonds then being issued under such terms,
conditions and limitations as shall be provided, and may further provide
that the revenues to be derived from the subsequent revenue undertak-
ings shall at the time of the issuance of such parity revenue bonds be also
pledged to the holders of any revenue bonds theretofore issued to finance the
revenue undertakings which are later combined with such subsequent
revenue undertakings.

(b) The city shall also have power to pledge as additional security
for such revenue bonds issued under this article any franchise taxes, occu-
pational license taxes, or any other excise taxes or other funds which the
city may have available to pledge to the payment of the principal of or
interest on such revenue bonds, and for reserves therefor, except moneys
derived from ad valorem taxes, or any two or more of such excise taxes
or other funds.

(c) The cost of any works, properties, improvements or other pur-
poses financed by the issuance of bonds under this chapter shall include,
but not be limited to, construction costs, engineering, fiscal or financial
and legal expenses, surveys, plans and specifications, interest during con-
struction or acquisition and for one year thereafter, initial reserve funds,
discount, if any, on the sale of bonds, acquisition of real or personal prop-
erty, including franchises, and such other costs as are necessary and inci-
dental to the construction or acquisition of such works, properties,
improvements or other purposes and the financing thereof. The city shall
have power to retain and enter into agreements with engineers, fiscal
agents or financial advisers, attorneys, architects or other consultants or
advisers for the planning, supervision and financing of such works, prop-
erties, improvements or other purposes upon such terms and conditions
as shall be deemed advisable to the council.

(d) Any such revenue bonds shall be authorized, executed and sold
in the manner provided in this Chapter for the issuance, sale and execu-
tion of general obligation bonds and shall be deemed to be negotiable
i ents under the law merchant and negotiable instruments law.

DEPARTMENT OF LAW

§ 8.1. Department of Law.—There shall be a department of law
which shall consist of the city attorney and such assistant city attorneys
and other employees as may be provided by ordinance.

§ 8.2. Qualifications and Appointment.—The head of the depart-
ment of law shall be the city attorney. He shall be an attorney at law
licensed to practice under the laws of the Commonwealth and he need not
be a resident of the City of Fairfax. He shall be appointed by the Council.

8.8. City Attorney—Powers and Duties.—The city attorney shall
(a) be the legal advisor of (1) the council, (2) the city manager and (3),
of all departments, boards, commissions and agencies of the city, in all
matters affecting the interests of the city and shall, (a) upon request,
furnish a written opinion on any question of law involving their respec-
tive official powers and duties; (b) at the request of the city manager or
of the council, prepare ordinances for introduction and render his opinion
as to the form and legality thereof; '(c) draw or approve all bonds, deeds,
leases, contracts or other instruments to which the city is a party or in
which it has an interest; (d) have the management and control of all the
law business of the city and the departments, boards, commissions and
agencies thereof, or in which the city has an interest, and represent the
city as counsel in any civil case in which it is interested and in criminal
in issue; (e) with the approval of the council, institute and prosecute all
legal proceedings he shall deem necessary or proper to protect the inter-
cases in which the constitutionality or validity of any ordinance is brought
ests of the city; (f) attend in person or assign one of his assistants to
attend all meetings of the council; (g) appoint and remove such assistant
city attorneys and other employees as shall be authorized by the council,
and authorize the assistant city attorneys or any of them or special coun-
sel to perform any of the duties imposed upon him in this charter; and
(h) have such other powers and duties as may be assigned to him by
ordinance. The school board shall have authority to employ legal counsel.

PUBLIC SAFETY

§ 9.1. The functions of public safety shall be performed by the
police department and such other bureaus, divisions and units as may be
provided by ordinance or by orders of the city manager consistent there-
with.

The City of Fairfax may enter into contractual relationships with
neighboring political subdivisions for the support and utilization of a
joint fire department which shall be responsible for the protection from
fire of life and property within the city, and may, at any time, establish
a city fire department for such purpose.

9.2. Police Department.—The police department shall consist of
the chief of police and such other officers and employees of such ranks
and grades as may be established by ordinance. The police department
shall be responsible for the preservation of the public peace, prevention
of crime, apprehension of criminals, protection of the rights of persons
and property, and enforcement of the laws of the Commonwealth, the
ordinances of the city and all rules and regulations made in accordance
therewith. The chief of police and the other members of the police force
of the city shall have all the powers and duties of police officers as pro-
vided by the general laws of the Commonwealth. |

§ 9.3. Chief of Police—The head of the police department shall be
the chief of police and shall be appointed by the council. Under the general
supervision of the city manager, he shall be in direct command of the
police department. He shall appoint all members of the department and
assign all members of the department to their respective posts, shifts,
details and duties. He shall, with the approval of the city manager, make
rules and regulations in conformity with this charter and the ordinances
of the city concerning the operation of the department, the conduct of the
officers and employees thereof, their uniforms, arms and other equipment,
their training and the penalties to be imposed for infractions of such
rules and regulations. The chief of police shall be responsible for the effi-
ciency, discipline and good conduct of the department. Orders of the city
manager relating to the police department shall be transmitted in all cases
through the chief of police or in his absence from the city or incapacity
through an officer of the department designated as acting chief by the city
manager.

§ 9.4. The regular members of the police force shall receive all fees
and allowances prescribed by law arising out of.the exercise of their
powers and duties, which shall be collected by the chief of police and paid
into the city treasury.

MUNICIPAL JUDGE

§ 10.1. Appointment, Term and Qualifications.—The council shall
elect at the first regular meeting of the council in September, nineteen
hundred sixty-two, and every four years thereafter, a Municipal Judge.
He shall be an attorney at law licensed to practice under the laws of the
Commonwealth but he need not be a resident of the city.

§ 10.2. Oath and Bond.—Such Municipal Judge before entering upon
the performance of his duties, shall take the oath prescribed by law and
shall enter into bond in the penalty of two thousand dollars payable to the
City of Fairfax, Virginia, and conditioned as the law directs, with cor-
porate surety deemed sufficient by the council of said city, which bond
shall be filed with the clerk of the county court and preserved in his office.

§ 10.3. Compensation.—Such civil and police justice shall receive
such monthly salary as the council may determine, which salary is to
be paid in the same manner as the salaries of other officials are paid, and
he shall receive no other compensation for his services as Municipal Judge.

§ 10.4. Collection of Costs and Fees.—The said Municipal Judge
shall cause to be collected such costs and fees required by law to be paid
to him. The amount of such costs and fees shall be the same as allowed
to justices of the peace and police justices by general law, except that said
Municipal Judge shall receive for issuing a warrant of arrest in a mis-
demeanor case the sum of one dollar; for issuing a warrant of arrest in
a felony case the sum of two dollars; for issuing a search warrant in any
case, the sum of two dollars; for admitting any person to bail charged
with a misdemeanor, the sum of one dollar, for admitting any person to
bail charged with a felony, the sum of two dollars, provided that none of
said fees shall be taxed against or paid by the said city; providing that in
all criminal cases tried before such Municipal Judge, and in which there
is a conviction, the said Municipal Judge shall, if authorized by the
council, tax as a part of the costs the sum of one dollar as trial fee, and
not more than two dollars as arrest and attendance fees of officers, which
criminal trial fees and arrest and attendance fees shall be collected and
paid into the city treasury and all fines collected shall be accounted for
according to general law and city ordinances and paid into the treasury
of the said city or to the State, whichever may be entitled thereto.

§ 10.5. Jurisdiction—The jurisdiction of the Municipal Judge shall
be as follows: (a) such Municipal Judge shall be a conservator of the
peace within the corporate limits of the City of Fairfax and for one mile
beyond said limits, and within the city limits shall have exclusive original
jurisdiction for the trial of all offenses against the ordinances of the city,
provided that the city shall have the right of appeal to the Circuit Court
of Fairfax County from any decision of the Municipal Judge affecting its
revenues; he shall have concurrent jurisdiction with the Circuit Court of
Fairfax County in all cases of the violation of the revenue laws of both
State and city, and the laws regulating the manufacture, use, sale, offer-
ing for sale, transportation, keeping for sale and giving away ardent
spirits. He shall possess all the jurisdiction and exercise all the powers
and authority in criminal cases of a county judge for a county and except
where it is otherwise specifically provided by law, shall have exclusive
original jurisdiction for the trial of all misdemeanor cases occurring
within the corporate limits of the city.

§ 10.6. Record of Fees, Fines, Forfeitures and Costs.—He shall keep
a regular account of all fees, fines, forfeitures and costs imposed of aris-
ing in the administration of his office in criminal matters, which he shall
report to the auditor, at such intervals and in such form as the council
may require. The said Municipal Judge or the clerk of the Municipal
Court, if such officer is appointed, or such other person as the council
may designate for that purpose, shall collect all fines, forfeitures and
costs imposed in said court and report to the auditor monthly such as
have accrued to the city, and pay the same to the city treasurer not later
than the fifth day of the next succeeding month in which collected, and
shall segregate and transmit to the State treasurer all fines and for-
feitures accruing to the Commonwealth.

§ 10.7. The Municipal Judge shall hold his court at such place and
time as may be prescribed by the council, and if from any cause he is
unable to act, the substitute Municipal Judge shall discharge the duties
of the Municipal Judge prescribed herein during such inability.

§ Vacancies.—Any vacancy occurring in the office of the
Municipal Judge or substitute Municipal Judge from any cause, shall be
filled by the council by the election of a person with like qualifications,
prescribed by this charter.

§ 10.9. Substitute Municipal Judge.—The council shall elect a sub-
stitute Municipal Judge for such term as the council may designate. He
shall possess the qualifications for the Municipal Judge, and shall act for
said Municipal Judge when, from any cause, said Municipal Judge is
unable to perform the duties of his office. When acting for said Municipal
Judge, he shall be subject to all the provisions of law regarding the
Municipal Judge and shall possess all the jurisdiction and exercise all the
power and authority and receive the same salary as is prescribed by the
Municipal Judge, prorated on a per diem basis; and either of said Munic-
ipal Judges while serving as Municipal Judge may perform acts, with
reference to the proceedings of the other in any matter, in the same man-
ner and with the same force and effect as if they were his own. He shall
take the oath prescribed by law and enter into bond in the sum of two
thousand dollars, with corporate surety conditions as provided by law.

§ 10.10. Clerk of the Municipal Court.—The city clerk shall be clerk
of the Municipal Court, unless otherwise provided by the council, and shall
perform such duties and receive such compensation as the council may by
ordinance prescribe. He shall give such bond as the council may by ordi-
ee require and qualify by taking the oath required by law of public
officers.

§ 10.11. Bailing Justice—The council may in its discretion, elect a
bailing justice for said city. If and when elected, he shall take the oath
prescribed by law and give bond in the penalty of one thousand dollars,
conditioned according to law to be approved by the council with cor-
porate surety. He shall be a resident of the city during his term of office.

He shall have authority to issue summonses in criminal cases and
criminal warrants, returnable before, and to be heard and determined by
the Municipal Judge or the substitute Municipal Judge and to bail per-
sons charged with misdemeanors or violations of the city ordinances. His
term of office shall be concurrent with that of the Municipal Judge and
his compensation shall be determined by the council, and the same fees
shall be collected by the said bailing justice as are allowed by this charter
to the Municipal Judge for issuing summonses in criminal cases, criminal
warrants, search warrants, and admitting persons to bail in misdemeanor
cases and for violations of the city ordinances, but in no case shall any
of such fees be taxed against, chargeable to or paid for by the said city, nor
shall the bailing justice’s salary be determined by the amount of fees
accruing from his service, nor shall he receive any part of such fees for
his services. The said bailing justice shall be a conservator of the peace
within the corporate limits of the City of Fairfax, but shall have no other
authority, powers or jurisdiction except those provided for in this charter.

§ 10.12. Judge of the Juvenile and Domestic Relations Court, His
Election, Qualifications, et cetera.—The council may elect a Judge of The
Juvenile and Domestic Relations Court who shall at time of election possess
the same qualifications of the Municipal Judge, to be known as the judge
of the juvenile and domestic relations court of the City of Fairfax, who
shall hold office for a term of four years from the day of his election, and
until his successor has been elected and has qualified, unless sooner re-
moved as provided by general law. He shall have and possess all the au-
thority and jurisdiction given judges of juvenile and domestic relations
courts by general law, provided, that the council may designate the Munici-
pal Judge or the substitute Municipal Judge to act as the judge of the
juvenile and domestic relations court. The judge of the juvenile and do-
mestic relations court shall receive such compensation as the council may by
ordinance or resolution prescribe. He shall take the oath prescribed by
law and give such bond as the council may require. The Judge of the
Juvenile and Domestic Relations Court of Fairfax County, Virginia may
also serve as Judge of the Juvenile and Domestic Relations Court of the
City of Fairfax.

The County Court of Fairfax County, Virginia, or its successors shall
have original exclusive jurisdiction of all civil matters arising within the
boundary of the City of Fairfax, except such matters as are cognizable by
the Circuit Court of Fairfax County, Virginia.

MISCELLANEOUS PROVISIONS

§ 11.1. School District—The City of Fairfax shall constitute a sep-
arate school district.

School Board.—

(a) The school board shall consist of five qualified voters of the city
appointed by the city council.

(b) The term of office of the members of the school board shall be as
follows: The members in office at the effective date of this Charter are
hereby continued in office for the terms for which they were elected. The
fourth and fifth members to be elected, at the effective date of this Char-
ter, shall be elected for terms of two years and three years respectively.
Thereafter each elected member shall serve for a period of three years.
Except as provided in this charter the school board shall have all the
powers and duties relating to the management and control of the public
schools of the city provided by the general laws of the Commonwealth, in-
cluding right of eminent domain within and without the city. None of the
provisions of this charter shall be interpreted to refer to or include the
school board unless the intention so to do is expressly stated or is clearly
apparent from the context.

(c) All recreation facilities and grounds located on property owned
by the school board shall be under the exclusive control and supervision of
the school board. The title to property and buildings devoted to public
school purposes shall be in the school board.

The school board may borrow subject to the approval of the city coun-
cil from the Literary Fund of Virginia or from such other sources as may
be made available to it by general law.

11.3. Enforcement of Surety Bonds.—In all cases where a bond
is required of any officer, such bond shall be with corporate surety and
conditioned for the faithful discharge by himself, his deputies, assistants
or other subordinates, of the duties imposed on him by this charter and all
ordinances passed in pursuance thereof.

§ 11.4. Contractual Relationships.—The City of Fairfax may, at the
option of the council, enter into contractual relationships with the Com-
monwealth and/or its departments, bureaus, boards and agencies, neigh-
boring political subdivisions, and private agencies for the performance of
any part of, or all of the functions, or purposes of the city, on such terms
and for such periods as the council may determine to be in the public inter-
est, where such contractual relations are not specifically prohibited by the
Constitution and general laws of the Commonwealth.

§ 11.5. Reprinting of Charter after Amendment.—Within a reason-
able time after the conclusion of any session of the General Assembly and
the effective date of any amendment or amendments to this charter adopted
at such session, the amendment or amendments shall be printed in such
number of copies as the council shall order.

§ 11.6. Officers to Hold Over Until Their Successors Are Appointed
and Qualified—Whenever under the provisions of this charter, any officer
of the city, judge or member of any board or commission is elected or ap-
pointed for a fixed term, such officer, judge or member shall continue to
hold office until his successor is appointed and qualified.

§ 11.7. Courtroom for Municipal Judge and Office Space for Con-
stitutional Officers.—It shall be the duty of the city to provide a suitable
courtroom for the municipal judge of the city and suitable offices for the
commissioner of revenue, city treasurer and city sergeant.

§ 11.8. Posting of Bonds Unnecessary.—Whenever the general law
requires the posting of a bond, with or without surety, as a condition prece-
dent to the exercise of any right, the city, without giving such bond, may
exercise such right, provided all other conditions precedent be complied
with, and no officer shall fail or refuse to act because the city has not filed
or executed the bond that might otherwise be required, and the city shall
be bound to the same extent that it would have been bound had the bond
been given.

§ 11.9. Code References.—All references in this charter are to the
Code of Virginia of nineteen hundred fifty as amended.

§11.10. The council shall have power, in order to promote the gen-
eral welfare through the preservation and protection of historic places and
areas of historic interest in the City, to provide for old and historic dis-
tricts in which no building or structure shall be erected, reconstructed,
altered, restored, or razed until approved by a Board of Architectural Re-
view. The council may create a Board of Architectural Review which shall
have the power to pass upon the appropriateness of exterior architectural
features, including signs, of buildings and structures to be erected, recon-
structed, altered or restored in any old and historic district established in
the City, and to prohibit the razing of any building in such a district that
was erected prior to or during the year nineteen hundred and is of such
architectural or historical interest that its removal would be to the detri-
ment of the public interest.

§ 11.11. Definitions.

(a) As used in this charter, the term “at the effective date of this
charter” shall be interpreted to refer to a period immediately preceding
the taking effect thereof.

(b) As used in this charter in reference to voting by the council, the
term “elected members of the council” shall include those members, if any,
elected by the council.

(c) Wherever in this charter any department, bureau, division, office,
agency or officer is empowered or directed to take any action or perform
any duty or function, such action may be taken or duty or function per-
formed by the appropriate department, bureau, division, agency or officer
to whom the duty or function is transferred by or pursuant to action of
the council.

(d) The term “board” or “boards”, as used in this charter shall not
include the school board unless the school board is specifically named. The
term ‘‘member of the school board” shall have the same meaning as the
term “school trustee”, as used in the provisions of the Code of Virginia
which refer to the school boards of cities and towns.

(e) As used in this charter, the term “print” shall include any meth-
od of reproducing or making multiple copies.

TRANSITIONAL PROVISIONS

§ 12.1. Present Ordinances and Rules and Regulations Continued in
Effect.—All ordinances of the city and all rules, regulations and orders
legally made by any department, board, commission or officer of the
city, in force at the effective date of this charter, insofar as they or any
portion thereof are not inconsistent therewith, shall remain in force until
amended or repealed in accordance with the provisions of this charter.

§ 12.2. Validation and Ratification of Bonds, Taxes, and Contracts.
—aAll bonds issued and sold, all contracts and obligations heretofore made
by the council and government of the town and city, not inconsistent
with the constitution and the law of the Commonwealth, all taxes assessed
and levied when the city was a town, and when the city was in transition
from the status of a town to that of a city of the second class to the
effective date of this charter, are hereby validated, ratified and confirmed ;
and all proceedings authorizing the issuance of bonds, notes or other
obligations of the City of Fairfax heretofore had are hereby validated,
ratified and confirmed and shall not lapse or terminate or be otherwise
affected by reason of any of the provisions contained in this charter, and
such bonds, notes or other obligations may be authorized, sold or issued
in accordance with the provisions of law in force prior to the effective
date of this charter, or in accordance with the provisions of this charter.

§ 12.3. Present Mayor and Council to Continue in Office until the First
Wednesday in September Nineteen Hundred Sixty-two.—The mayor and
members of the council in office on the date of the passage of this charter,
or their successors, shall remain in office until the first Wednesday in
September nineteen hundred sixty-two, at which time the terms of office
of all of them, irrespective of the terms for which they were originally
elected, shall terminate.

§ 12.4. Continuance of Internal Organization of Departments.—
Except where this charter otherwise provides, the several bureaus, di-
visions and other administrative units of the existing departments of the
City of Fairfax shall remain in the department in which they were located
at the effective date of this charter until otherwise provided by ordinance,
and present incumbents of positions shall continue to serve until the
council provides otherwise in accordance with this charter.

§ 12.5. Acting City Manager.—Immediately upon passage of this
charter the city council shall consider the appointment of a city manager
and the preparation of such ordinances as may be necessary to effectuate
the transition from the present form of government to that established by
this charter. The incumbent of the position of city manager created under
the former charter shall serve as acting city manager under this charter
until the council provides otherwise.

§ 12.6. Severance Clause.—If any clause, sentence, paragraph or
part of this act shall, for any reason, be adjudged by any court of com-
petent jurisdiction to be invalid, such judgment, order or decree shall not
affect, impair, or invalidate the remainder of said act, but shall be confined
in its operation to the clause, paragraph or part thereof directly involved
in the controversy in which said judgment, order or decree shall have
been rendered.

2. Chapter 357 of the Acts of Assembly of 1954 and all acts amendatory
thereof, are hereby repealed.