CHAPTER 432

An Act to provide a new charter for the town of Vienna, in Fairfax
County, Virginia and to repeal Chapter 456 of the Acts of Assembly
of 1956, as amended, which provided a new charter for the town of
Vienna in Fairfax County.

[H 295]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. Chapter 1.
Incorporation and Boundaries

§ 1.1. Incorporation.—The inhabitants of the territory comprised
within the present limits of the town of Vienna, as such limitations are
now, or may hereafter be altered and established by law, shall constitute
and continue a body politic and corporate to be known and designated as
the town of Vienna, and 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.

§ 1.2. Boundaries.—The territory embraced within the town of
Vienna is that territory in the county of Fairfax, Virginia, as established
in chapter 456 of the Acts of Assembly of 1956 as modified by the final
order of the Circuit Court of Fairfax County, Virginia, recorded in the
Common Law Order Book No. 39, page 99.

Chapter 2.
Powers
§ 2.1. General Grant of Powers.—The town of Vienna shall have and
may exercise all powers which are now or hereafter may be conferred
upon or delegated to towns under the Constitution and laws of the Com-
monwealth of Virginia, as fully and completely as though such powers
were specifically enumerated herein, and no enumeration of particular
powers by this charter shall be held to be exclusive, and shall have, exer-
cise and enjoy all the rights, immunities, powers and privileges, and be
subject to all the duties and obligations now appertaining to and incum-
bent on the town as a municipal corporation.

Chapter 3.
Election of Mayor and Councilmen

§ 3.1. Election of mayor and councilmen.—The town of Vienna shall
be governed by a town council composed of a mayor and six councilmen
who shall be qualified electors of the town and who shall be elected in the
following manner:

(a) On the second Tuesday in June, nineteen hundred sixty-four, there
shall be held a town election at which there shall be elected by the qualified
electors of the town at large a mayor and three councilmen, all of whom
shall serve for a term of two years.

(b) In the town election to be held on the second Tuesday in June,
nineteen hundred sixty-five, and in every year thereafter, three council-
men shall be elected for terms of two years each.

(c) The term of office for the mayor shall continue to be for a period
of two years.

(d) The terms of office for both the mayor and all councilmen shall
begin on the first day of September next following his or their election.

§ 3.2. Vacancies on Council.—Vacancies on the council shall be filled
within forty-five days for the unexpired terms by a majority vote of the
remaining members; provided, however, that where a vacancy shall occur
more than eighteen months prior to expiration of the term, such vacancy
shall be filled by a majority vote of the remaining members only until a
successor shall have been chosen by the qualified elections of the town and
shall have qualified as provided by law. In the town election to be held on
the second Tuesday in June next following the occurrence of such vacancy
there shall be elected by the qualified electors of the town a member of
the council to fill each such vacancy for the unexpired term. The term of
office of any councilman so elected shall begin on the first of September
next following his election.

§ 3.3. Council a Continuing Body.—The council shall be a continuing
body, and no measures pending before such body, or any contract or obli-
gation incurred, shall abate or be discontinued by reason of the expiration
of the term of office or removal of any of its members.

§ 3.4. Conduct of Municipal Elections.—Elections in the town of
Vienna shall be conducted pursuant to, and in accord with, §§ 24-28, 24-56,
24-170, 24-171, 24-172, 24-173, 24-174, and 24-175, inclusive, of the Code
of Virginia, except insofar as same are amended by subsection (a) of this
section of the charter.

(a) 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 council may adopt.

Chapter 4.
Mayor and Council

§ 4.1. General Grant of Powers.—The council shall have all powers
and authority that are 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.

§ 4.2. Meetings.—The council shall by ordinance fix the time of their
stated meetings, and they shall meet at least once a month. Special meet-
ings may be called at any time by the mayor or by four members of the
council, provided that all members are duly notified a reasonable 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.

§ 4.3. Quorum; Reconsideration of Action—Four members of the
council and the mayor, or five members of the council, 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. ;

§ 4.4. The Mayor.—The mayor shall preside over the meetings of the
council and shall have the same right to vote and speak therein as other
members but shall not possess the power of veto. He shall be recognized as
the head of the town government for all ceremonial purposes, the purpose
of military law and the service of civil processes.

4.5. Mayor Pro Tempore.—In case of the absence or inability of
the mayor to act, the mayor pro tempore of the council, to be chosen by a
majority of the council present at its organizational meeting following each
election, shall possess the same powers, and discharge the same duties dur-
ing such absence or inability.

§ 4.6. Council to Fix Salaries.—The council is hereby authorized to
fix the salary of the mayor, members of the council, members of boards
or commissions, and all appointed officers and employees of said town, ata
sum not to exceed any limitations placed by the laws and Constitution of
the State of Virginia; provided, that the salary of the mayor shall not be
fixed at an amount greater than one thousand five hundred dollars per
annum and the salary of each member of the council shall not be fixed at
an amount greater than nine hundred dollars per annum.

§ 4.7. Officers.—The council shall appoint a town manager, a town
clerk, a town treasurer, a director of finance, town attorneys, municipal
court judges, a town sergeant, and justices of the peace, all of whom shall
hold office at and during the pleasure of the council, and shall execute such
bonds as may be prescribed by resolution of the council; and shall perform
such duties as are required by general law, as well as such additional duties
not inconsistent with general law as this charter or the council may pre-
scribe; and the council shall have power to fill any vacancy in any of such
offices. Upon the failure of any council to appoint such officers, all of such
officers then in office shall so continue in office until removed by that or a
succeeding council. The same person may be appointed to fill two offices
at the discretion of the council.

4.8. Town Clerk.—The clerk shall be the clerk of the council and
shall keep the journal of its proceedings and shall record all ordinances
and resolutions in a book or books kept for the purpose. He shall he the
custodian of the corporate seal of the town and shall be the officer
authorized to use and authenticate it. He shall be the clerk of the municipal
court unless otherwise provided by the council. He shall perform such
other duties and keep such other records as the council or the general laws
of the State require of town clerks. All records in his office shall be public
records and open to inspection at any time during regular business hours.

Chapter 5.
Town Manager
5.1. Duties and Qualifications.—The town manager 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 town or the Commonwealth, but
during his tenure of office he shall reside within the town. The town man-
ager shall be the chief administrative officer and head of the administra-
tive branch of the town government. He shall execute the laws and ordi-
nances and administer the government of the town and be responsible
therefor to the council. He shall:

(1) Except with respect to § 4.7 above, appoint all directors, or
heads of the administrative departments, and all other administrative
officers and employees of the town;

(2) When deemed necessary and in accordance with policies approved
by the council, suspend, demote or remove all such directors or heads and
all other administrative officers and employees of the town appointed by
him except as he may authorize the head of a department, an officer or
an agency to exercise such powers respecting subordinates in such depart-
ment, office or agency;

Supervise and control, directly or indirectly, all administrative
departments, agencies, officers and employees of the town; and when
directed by the council he shall examine the records and books of the
office of Treasurer;

__ (4) Prepare a budget annually and submit it to the council, be respon-
sible for the administration of the budget after it goes into effect, and
recommend to the council any changes in the budget which he deems

esirable;

(5) Submit to the council a complete report as of the end of the fiscal
year on the finances and administrative activities of the town for the
preceding year;

Keep the council advised of the financial condition and future
needs of the town, and make such recommendations on matters of policy
and other matters to the council as may seem to him desirable;

_ (7) Have power, whenever the interests of the town require, to
assign employees of any department, bureau, office or agency, to the tem-
porary performance of duties in another department, bureau, office or
agency:

(8) Have such other powers and duties consistent with the town
charter as the council may prescribe.

Chapter 6.
Fiscal and Administrative

§ 6.1. Fiscal Control.—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 ordinances,
orders, and resolutions relating to the same as it may deem necessary.
The council may direct and authorize the Town Manager to examine the
records and books of the office of Treasurer. The council 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.

(2) The council shall have power and authority to acquire, or other-
wise obtain control of or establish, maintain, operate, extend and enlarge
waterworks, sewage disposal plants, gasworks, electric plants, and other
public utilities within or without the limits of the town; to acquire within
or without the limits of the town by purchase, condemnation, but insofar
as such power of condemnation is exercised as to lands of a public service
corporation, § 25-238 shall be applicable, or otherwise, whatever land may
be necessary for acquiring, locating, establishing, maintaining, operating,
extending and enlarging said waterworks, sewage disposal plants, electric
plants and other utilities, and the rights-of-way, rails, pipes, poles, con-
duits and wires connected therewith or any of the fixtures or appurte-
nances thereof; and promulgate and enforce reasonable rates, rules and
regulations for use of same, any or all of which rates, rules and regula-
tions the council may alter at any time without notice.
(b) In the event the fees, rents, or charges, charged for the use and
services of the public water system or sewage disposal system, by, or in
connection with, any real estate, shall not be paid when due, interest shall
at the time begin to accrue thereon at the rate of one per cent per month.
Such fees, rents, and charges, and the interest due thereon may be recov-
ered by the town of Vienna by action at law, or suit in equity, and shall
constitute a lien against the property, ranking on a parity with liens for
unpaid town or county taxes.

(c) The council shall have the power and authority to require the
owners or occupants of the real estate within the corporate limits of the
town which may front or abut on the line of any sewer or water pipe line
or conduit to make connections therewith, and to use such sewer pipes and
conduits and water furnished by the town under such ordinances and
regulations as the council may deem necessary to secure the proper service
thereof and to improve and secure good sanitary conditions; and shall have
the power to enforce the observance of all such ordinances and regula-
tions by the imposition and collection of fines and penalties, to be col-
lected as other fines and penalties under the provisions of this act.

§ 6.2. May Contract Loans.—The council, within the limits of the
Constitution of this State and in accordance with the provisions of the
general laws thereof, may. in the name of, and for the use of the town,
contract loans or cause to be issued certificates of debt, notes or bonds.

§ 6.3. May Make Temporary Loans.—The council shall have the
power to negotiate temporary loans, in anticipation of taxes, for the pur-
pose of paying current expenses of the town; such loans to be evidenced
by bonds or notes bearing interest at not exceeding six per centum per
annum: such bonds or notes shall be payable within one vear from the
date of issue out of the current revenue of the year in which same are
issued. No such temporary loan shall in the aggregate exceed seventy-five
ver cent of the nrevious year’s income. In the issuance of bonds and notes
the town shall be subject to the limitations as to amount contained in
Sec. 127 of the Constitution of the Commonwealth of Virginia only, and
within said limitations may issue notes to raise capital in anticipation of
a bond issue to redeem same, provided said notes are redeemed by a bond
issue within five years from date.

§ 6.4. Sinking Fund Provision.—There shall be set apart annually
from the revenues of the town a sinking fund sufficient in amount to pay
the outstanding indebtedness of the town, as it matures, which by its
terms. is payable in not less than one year, and the council may, in its
discretion annually from time to time, set aside such additional sinking
fund as may be deemed proper, and invest all of the sinking fund as here-
inafter set forth.

(a) All sinking funds shall be used exclusively in the payment or
purchase and redemption of the outstanding bonds of the town, and when
such sinking funds are not required or mav not within a reasonable time
be required for payment of any bond of the town, or cannot be used to
advantage in the purchase and redemption of any bonds of the town,
which may be outstanding, the same shall be securely invested in interest
bearing municipal, State or United States government bonds, or invested
in any securities approved by the general laws of the State for the invest-
ment of such funds, or deposited in a bank on a reasonable rate of interest.
Such sinking fund may be used in the payment or purchase and redemp-
tion of all bonds of the town at the discretion of the council.

6.5. Bonds.—aAll bonds, and other evidences of indebtedness of the
town shall be signed by the mayor and countersigned by the town clerk;
and to all bonds the clerk of the town shall affix the corporate seal of the
town and attest the same.
§ 7.1. May Levy Taxes.—The town is empowered to levy and collect
taxes, on all subjects of taxation except as restrained by the Constitution
or by general law heretofore or hereafter adopted, provided that it shall
impose no taxes on the bonds of the said town; and provided further that
such levy shall not be increased beyond the rate of two dollars on the one
hundred dollar assessed valuation of real and personal property (except
as permitted by State law for increases beyond charter limitations) with-
out the affirmative vote of the majority of citizens voting, as determined
by a referendum held for this purpose.

§ Assessment of Real and Personal Property.—The assessment
of real and personal property in the town for the purpose of municipal
taxation shall be the same as the assessment for the purpose of county
taxation, but where the treasurer for the town knows of property that
has been omitted by the Commissioner of Revenue of the county from his
books, the treasurer of the town may by the same proceedings as are pro-
vided for county commissioners of revenue in similar cases assess such
omitted property, real or personal, for town taxation.

(a) Where the treasurer for the town knows of property that has
been erroneously assessed in the town of Vienna by the Commissioner of
Revenue of the County of Fairfax from his books, the treasurer of the
town may by the same proceedings as are provided for county commis-
sioners of revenue in similar cases release such erroneous assessments
from the town of Vienna tax rolls.

Chapter 8.
Municipal Court

§ 8.1. Jurisdiction.—The town court shall be known as the Munic-
ipal Court of the Town of Vienna, and shall have original jurisdiction in
the trial of all cases involving the violation of town ordinances, and in the
on of taxes or assessments, or other forms of debt owing to the

wn.

(a) Jurisdiction of the said court in civil matters shall be as provided
in § 16.1-77 of the Code of Virginia, and in criminal matters as provided
in § 16.1-124 of the Code of Virginia.

§ 8.2. Justices of the Peace.—The justices of the peace shall be con-
servators of the peace, and shall have the power and authority to set and
accept bonds, issue warrants and summon witnesses involving violations
of town ordinances, but all such warrants and process shall be returnable
before the Municipal Court. The compensation of such justices of the peace
shall be the fees which are fixed by law for such justices.

Chapter 9.
Miscellaneous

§ 9.1. Ordinances in Force.—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.

§ 9.1.1. Final Passage of Ordinances.—The object of every proposed
ordinance shall be expressed in its title and no ordinance except an emer-
gency ordinance shall be passed until after a notice of intention to pro-
pose the same for passage shall have been published once a week for two
successive weeks prior to its passage in some newspaper published in the
county, and no such ordinance shall become effective until ten days after
it shall have been published in full or by its title and an informative sum-

of such ordinance in a like newspaper. If such publication is by
title and informative summary, the publication shall include a statement
that a copy of the full text of the ordinance is on file in the office of the
town clerk. The provisions of this section governing publication shall not
apply, however, to any ordinance enacted pursuant to a State statute
where such statute specifically provides for the manner of publication.

§ 9.1.2. Any ordinance passed as an emergency shall require a two-
thirds vote of all the council, and shall be void and of no effect at the
expiration of sixty days from ‘the date of adoption, unless sooner repealed
or reenacted as provided in § 9.1.1 hereof.

§ 9.2. Present Officers to Continue——The present elected officers of
the town shall be and remain in office until expiration of their several
terms, and until their successors have been duly elected and qualified.

§ 9.3. United States Government Employees.—No person, otherwise
eligible, shall be disqualified, by reason of his accepting or holding an of-
fice, post, trust or emolument under the United States government, from
serving as an officer or employee of the town, or as a member, officer, or
employee of any board or commission.

2. If any clause, sentence, paragraph, or part of this act shall for any
reason be adjudged by any 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 clause, sentence, para-
graph or part thereof directly involved in the controversy in which such
judgment shall have been rendered.

3. That chapter 456 of the Acts of Assembly of 1956, as amended, is
repealed.

4. Anemergency exists, and this act is in force from its passage.