CHAPTER 47

An Act to provide a new charter for the town of Warrenton in the county
of Fauquier, Virginia, and to repeal Chapter 189, Acts of Assembly,
Extra Session, 1902-08-04, approved April 30, 1908, which provided
acharter for the town of Warrenton, and all amendments thereof.

[S 15]
Approved February 19, 1964

Be it enacted by the General Assembly of Virginia:
ARTICLE I
CREATION

1. Section 1-1: INCORPORATION: The inhabitants of the territory
comprised within the limits of the Town of Warrenton, as the same are now
or may hereafter be established by law, shall continue to be a body politic
and corporate under the name of the Town of Warrenton and as such shall
have perpetual succession, may sue and be sued, contract and be contracted
with, and may have a corporate seal which it may alter at its pleasure.

Section 1-2: BOUNDARIES: The boundaries of the Town shall be
the boundaries of the Town of Warrenton, its predecessor as established
by Chapter 189, Acts of Assembly, Extra Session 1902-03-04, as confirmed
by Section 1, of Chapter 18 of the Acts of the General Assembly of 1912,
approved January 31, 1912, as modified and enlarged by the decree of the
Circuit Court of Fauquier County, entered on December 11, 1959, in the
annexation proceedings styled Town of Warrenton v. County of Fauquier,
Virginia, which decree is recorded in the Clerk’s Office of the Circuit Court
of Fauquier County, Virginia in Common Law Order Book “X” at pages
376-377-378.

ARTICLE II
CORPORATE POWERS

Section 2-1: GENERAL POWERS: The Town of Warrenton shall
have and may exercise all powers which are now or may hereafter be con-
ferred upon or delegated to cities and towns under the Constitution and
laws of the Commonwealth, and all other powers pertinent to the conduct
of municipal government, the exercise of which is not prohibited by the
Constitution and laws of the Commonwealth, and which in the opinion
of the Council are necessary to promote the general welfare of the inhabi-
tants of the Town. It is intended that the Town shall possess all powers
which, under the Constitution, it would be competent for this Charter to
enumerate specifically, and no enumeration of particular powers shall be
held to be exclusive, but in addition to this general grant.

The powers which are now or may hereafter be conferred upon or
delegated to the Town under the Constitution and laws of the Common-
wealth and this Charter shall be construed liberally when such powers are
exercised by the Town and in case of doubt as to the existence of a power
such doubt shall be resolved in favor of the Town.

Section 2-2: FINANCIAL POWERS: The Town of Warrenton
shall have the power to raise annually by taxes and assessments in said
Town such sums of money as the Council thereof shall deem necessary for
the purposes of the Town, and in such manner as the Council may deem
expedient in accordance with the Constitution and general laws of the
Commonwealth and of the United States, and to expend, the money of said
Town for all lawful purposes.

Section 2-8: SPECIAL ASSESSMENTS: The Town of Warrenton
shall have the power to impose special or local assessments for local im-
provements and to enforce the payment thereof, subject to the limitations
prescribed by the Constitution and laws of the Commonwealth as may be
in force at the time of the imposition of such special or local assessments.

Section 2-4: BORROWING POWER: The Town of Warrenton
may incur indebtedness by issuing its negotiable bonds and notes for the
purposes and in the manner provided in the Constitution and general laws
of the Commonwealth. No bonds shall be issued by the Town except by
ordinance adopted by a majority of all members of the Council and ap-
proved by the affirmative vote of a majority of the voters of the Town
voting in the election.

Section 2-5: EMINENT DOMAIN: The Town of Warrenton is
hereby empowered to acquire by condemnation or otherwise, property,
real or personal, or any interest or estate therein, either within or without
its corporate limits, for any of its proper purposes, and may sell, lease,
manage, and control such property as its interests require, and in such
manner as Council deems expedient.

Section 2-6: ORDINANCES: The Town of Warrenton shall have
the power to enact and enforce ordinances to carry into effect all powers
granted by this Charter. }

ARTICLE III
THE COUNCIL

Section 3-1: COMPOSITION: The Town of Warrenton shall be
governed by a Town Council which shall be composed of seven members
who shall be qualified voters of the Town.

Section 3-2: ELECTION: The members of the Council in office
at the effective date of this Charter are hereby continued in office for the
terms for which they were elected. On the second Tuesday in June, 1965,
there shall be elected seven councilmen from the Town at large. The four
members receiving the greatest number of votes in said election shall
serve for terms of four years each. The remaining three members shall
serve for terms of two years each. Thereafter all councilmen shall be
elected for terms of four years to fill vacancies caused by expiration of
terms of office.

Section 3-3: TERM: All councilmen shall take office on the first
day of September next following their election.

Section 3-4: COMPENSATION: The Council may by ordinance
authorize the payment of an annual salary to councilmen, subject to such
limitations as may be imposed by the general laws of the Commonwealth.

Section 3-5: VACANCIES: Vacancies on the Council shall be filled
for the unexpired portion of the term by a majority vote of the remaining
members of the Council, if such vacancy shall occur two years or less before
the date of expiration of such term. If the vacancy shall occur more than
two years before the expiration of the term, the vacancy shall be filled by
a majority vote of the remaining members of Council only until the next
councilmanic election, at which election the qualified voters shall elect a
person to serve as councilman for the remaining two years of the term.
Section 3-6: POWERS: All powers of the Town of Warrenton as
a body politic and corporate shall be vested in the Town Council. |
Section 3-7: TOWN ATTORNEY: The Council may appoint a
Town Attorney whose term of appointment, duties, and compensation
shall be prescribed by the Council.
Section 3-8: RECORDER: The Council may appoint a Recorder
whose term of appointment, duties, and compensation shall be prescribed

by the Council.
ARTICLE IV
PROCEDURES

Section 4-1: REGULAR MEETINGS: The Council shall meet in
regular session at least once each month.

Section 4-2: SPECIAL MEETINGS: The Council shall provide for
the calling of special meetings by the Mayor, the Town Manager, or any
four members of the Council, and shall prescribe the method of giving
notice thereof, provided such notice shall contain a statement of the spe-
cific item or items of business to be transacted, and no other business shall
be transacted at such meetings except by the unanimous consent of all the
members of Council; provided, however, that a special meeting may be
held at any time without notice if all members of the Council attend said
meeting or waive notice thereof.

Section 4-3: QUORUM: A majority of the members of the Council
shall constitute a quorum for the transaction of business.

Section 4-4: OPEN MEETINGS: No ordinance, resolution, motion
or vote shall be adopted by the Council except at a meeting open to the
public and unless it shall have received the affirmative votes of the ma-
jority of the members present.

Section 4-5: VOTING: No vote shall be reconsidered or rescinded
at any special meeting unless at such special meeting there are present
as large a number of members as were present when such vote was taken.

Section 4-6: CONFLICT OF INTEREST: No member of the Coun-
cil shall participate in the vote on any ordinance, resolution, motion, or
other proceeding in which he, or any person, firm, or corporation for which
he is attorney, officer, director, employee, or agent has a financial interest
other than as a minority stockholder of a corporation or as a citizen of the

Town.
ARTICLE V
THE MAYOR

Section 5-1: ELECTION AND TERM: On the second Tuesday in
June 1965, and every two years thereafter; there shall be elected from the
Town at large a Mayor, who shall be a qualified voter of the Town and who
shall serve for a term of two years.

Section 5-2: DUTIES: The Mayor shall preside over the meetings
of the Council and shall have the same right to speak therein as Councilmen,
however he shall not have the right to vote except in the case of a tie, in
which event he shall he entitled to cast one vote. He shall be recognized
as the head of the Town government for all ceremonial purposes, the pur-
poses of military law and the service of civil process.

Section 5-8: COMPENSATION: The Council may by Ordinance
authorize the payment of an annual salary to the Mayor, subject to such
limitations as may be imposed by the general laws of the Commonwealth.

ARTICLE VI
THE MANAGER

Section 6-1: APPOINTMENT: There shall be a Town Manager
who shall be the chief executive officer of the Town and shall be responsible
to the Council for the proper administration of the Town government.
He shall be chosen by the Council without regard to his political beliefs
and solely on the basis of his executive and administrative qualifications.
He shall be appointed for an indefinite period and shall hold office during
the pleasure of the Council.

Section 6-2: EMPLOYEES: The Town Manager shall appoint for
an indefinite term the heads of all departments and all other officers and
employees of the Town. The Manager shall have the power to remove any
officer or employee appointed by him.

Section 6-3: DUTIES AND POWERS: The Town Manager shall
also have the following duties and powers:

(a) To see that all laws and ordinances are enforced.

(b) To exercise supervision and control over all administrative de-
partments and divisions.

(c) To attend all regular meetings of the Council, with the right to
take part in the discussion, but having no vote.

(d) To recommend to the Council for adoption such measures as he
may deem necessary or desirable.

(e) To execute all contracts on behalf of the Town.

(f) To prepare and submit to the Council the annual budget.

(g) To keep the Council advised as to the present and future needs
of the Town and as to all operations of its government.

(h) To perform all such other duties as may be prescribed by the
Charter, or be required of him by the Council.

ARTICLE VII
FINANCIAL ADMINISTRATION

Section 7-1: FISCAL YEAR: The fiscal year for the Town of
Warrenton shall begin on July 1, and end June 30 of the following year.

Section 7-2: BUDGET: Not later than the first day of May annu-
ally, the Town Manager shall prepare and submit to the Council a Budget
presenting a financial plan for conducting the affairs of the Town for the
ensuing fiscal year. Such budget shall be set up in the manner provided
by law and shall include such information as the Council by ordinance or
resolution may require. Hearings on the budget shall be held and notice
thereof given and the budget adopted in accordance with the general laws
of the Commonwealth, provided that the tax levy for each fiscal year shall
be made, and the budget for each fiscal year shall be adopted prior to the
first day of the fiscal year for which made or adopted.

ARTICLE VIII
POST AUDIT

Section 8-1: ANNUAL AUDIT: After the close of each fiscal year
the Council shall cause to be made an independent audit of the accounts,
books, records and financial transactions of the Town by the Auditor of
Public Accounts of the Commonwealth or by a firm of independent certified
public accountants to be selected by the Council. The report of such audit
shall be filed within such time as the Council shall specify and one copy
thereof shall be always available for public inspection in the office of the
Town Manager during regular business hours.

ARTICLE IX
MUNICIPAL COURT

Section 9-1: ESTABLISHMENT: The Council may establish with-
in the Town of Warrenton, a municipal court, which shall have such juris-
pion and other judicial powers as are conferred on such courts by general

Ww.
Section 9-2: JUDGE: If such court be so established, there shall
be a judge, and such associate or substitute judges as may be deemed
necessary by the Council. Such judges shall be appointed by the Council
for such terms as the Council may determine, and vacancies in the office
of judge of the municipal court, or associate or substitute judge shall be
filled by the Council for the unexpired term.

ARTICLE X
CONTINUATION AND REPEAL PROVISIONS

Section 10-1: REPEAL OF FORMER CHARTER: All former
Charters and amendments thereto for the Town of Warrenton, Virginia,
are hereby repealed.

Section 10-2: SUCCESSION TO RIGHTS AND DUTIES: The
Town of Warrenton shall succeed to all the rights, duties, obligations, and
contracts of the former Town of Warrenton.

Section 10-3: ORDINANCES SHALL REMAIN IN FORCE: All
ordinances of the former Town of Warrenton not inconsistent with this
Charter shall remain in full force and effect until amended or repealed by
the Town Council.

Section 10-4: CONTINUITY OF TERMS OF OFFICERS: The
officers of the Town of Warrenton who were in office immediately prior to
the adoption of this Charter shall remain in office until the expiration of
their several terms and until their successors have been duly elected and
qualified.

Section 10-5: SAVING CLAUSE: In the event that any portion,
section, or provision of this Charter shall be declared illegal, invalid, or
unconstitutional by final judgment of any court of competent jurisdiction
such judgment shall not invalidate any other portion, section, or provision
hereof, but all parts of this Charter not expressly held to be invalid shall
remain in full force and effect.

2. Chapter 189, Acts of Assembly, Extra Session, 1902-03-04, approved
April 30, 1903, and all amendments thereof, are hereby repealed.
3. An emergency exists and this act is in force from its passage.