CHAPTER 38

An Act to amend and reenact § 14.1-164 of the Code of Virginia, relating
to allowances to county clerks. (H 73]

Approved February 23, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 14.1-164 of the Code of Virginia, be amended and reenacted
as follows:

§ 14.1-164. The governing body of every county is empowered to
determine what annual allowances, payable out of the county treasury, shall
be made to the county clerk of such county so that, in counties having a
population less than ten thousand, the allowance to the county clerk shall
not be less than three hundred nor more than six hundred, dollars; in
counties having ten, and less than fifteen, thousand, not less than four
hundred, nor more than seven hundred, dollars; in counties having fif-
teen. and less than twenty, thousand, not less than five hundred, nor more
than eight hundred, dollars; in counties having twenty, and less than thirty,
thousand, not less than six hundred, nor more than nine hundred, dollars;
in counties having thirty, and less than forty, thousand, not less than seven
hundred, nor more than one thousand, dollars; in counties having forty,
but not more than fifty, thousand, not less than one thousand, nor more
than fifteen hundred, dollars; and in counties having over fifty thousand,
not less than twelve hundred, nor more than fifteen hundred, dollars; pro-
vided that the minimum and maximum amounts of the annual allowances
to the clerks in the following named counties shall be the amounts in dol-
lars immediately following the names of the counties, to-wit: Accomack:
one thousand-fifteen hundred; Albemarle: twelve hundred-fifteen hun-
dred; Arlington: maximum one thousand; Alleghany: seven hundred-fif-
teen hundred; Amelia: six hundred-eighteen hundred; Appomattox: one
thousand-fifteen hundred; Amherst: twelve hundred-two thousand; Bath:
seven hundred fifty-seventeen hundred fifty; Bedford: seven hundred-
twelve hundred; Bland: four hundred-eight hundred; Botetourt: fifteen
hundred-twenty-five hundred; Brunswick: one thousand-fifteen hundred;
Buchanan: one thousand-fifteen hundred; Buckingham: one thousand-
twenty-five hundred; Campbell: one thousand-fourteen hundred; Caroline:
eight hundred-two thousand; Carroll: seven hundred-twelve hundred;
Charlotte: seven hundred-two thousand; Charles City: six hundred-fifteen
hundred; Chesterfield: one thousand-fifteen hundred; Clarke: five hun-
dred-eight hundred; Craig: five hundred-twelve hundred; Culpeper: eight
hundred-eighteen hundred; Cumberland: eight hundred-fifteen hundred;
Dickenson: one thousand-fifteen hundred; Dinwiddie: six hundred-twelve
hundred; Essex: one thousand-two thousand; Franklin: maximum twelve
hundred; Fairfax: one thousand-two thousand; Fauquier: * fifteen hun-
dred-twenty-five hundred; Floyd: three hundred-eight hundred; Fluvanna:
five hundred-fifteen hundred; Frederick: seven hundred-one thousand;
Grayson: eight hundred-twelve hundred; Greene: five hundred-fifteen hun-
dred; Greensville: eight hundred-twelve hundred; Giles: seven hundred-
twelve hundred; Gloucester: seven hundred fifty-twenty-two hundred;
Goochland: five hundred-fifteen hundred; Hanover: eight hundred-two
thousand; Halifax: fifteen hundred-twenty-five hundred: Henrico: nine
hundred-eighteen hundred; Henry: seven hundred-fifteen hundred; High-
land: seven hundred fifty-twelve hundred fifty; Isle of Wight: maximum
fifteen hundred; James City: eight hundred-fifteen hundred; King and
Queen: one thousand-two thousand; King George: seven hundred-two
thousand; King William: seven hundred fifty-two thousand; Lancaster:
minimum nine hundred; Lee: fifteen hundred-two thousand; Loudoun:
twelve hundred-sixteen hundred; Lunenburg: six hundred-one thousand;
Louisa: seven hundred-twelve hundred; Madison: twelve hundred-two
thousand; Mathews: eleven hundred-twenty-two hundred; Mecklenburg:
twelve hundred-eighteen hundred; Middlesex: one thousand-twenty-two
hundred; Montgomery: seven hundred-twelve hundred; Nansemond: fif-
teen hundred-twenty-five hundred; Nelson: five hundred-twelve hundred;
New Kent: six hundred-fifteen hundred ; Northumberland: seven hundred-
fifteen hundred; Northampton: eight hundred-twelve hundred ; Nottoway:
six hundred-fifteen hundred; Orange: twelve hundred-two thousand; Page:
twelve hundred-fifteen hundred; Patrick: seven hundred-twelve hundred;
Pittsylvania: eight hundred-one thousand; Powhatan: seven hundred-
twelve hundred; Prince Edward: eight hundred-fifteen hundred; Prince
George: one thousand-fifteen hundred; Prince William: one thousand-fif-
teen hundred; Pulaski: seven hundred-twelve hundred; Rappahannock:
eight hundred-fifteen hundred; Richmond: minimum seven hundred;
Roanoke: seven hundred-twelve hundred; Rockbridge: seven hundred-
fifteen hundred; Rockingham: one thousand-eighteen hundred; Russell:
one thousand-fifteen hundred; Scott: one thousand-fifteen hundred;
Smyth: twelve hundred-fifteen hundred; Sussex: eight hundred-twelve
hundred; Spotsylvania: fifteen hundred-two thousand; Surry: one thou-
sand-fifteen hundred; Stafford: one thousand-twelve hundred; Southamp-
ton: nine hundred-twenty-five hundred; Tazewell: one thousand-fifteen
hundred; Warren: twelve hundred-fifteen hundred; Washington: one
thousand-fifteen hundred; Wise: eighteen hundred-twenty-four hundred;
Westmoreland: seven hundred-fifteen hundred: Wythe: seven hundred-
twelve hundred; York eight hundred-fifteen hundred.

Provided, further, that none of the provisions of this section shall
apply to any county operating under any form of county organization and
government provided for in §§ 15.1-669 to 15.1-721.
CHAPTER 38
ELECTIONS

§ 8.1. Election of Councilmen and Mayor.—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 July following their election.

§ 3.2. Nomination of Candidates.—Candidates for the office of coun-
cilmen 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.

§ 3.3. Conduct of General Municipal Election.—The ballots used in the
election of Councilmen and Mayor 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 council candidates and no more. In counting the vote, any
ballot found to have been voted for more than six council candidates shall
be void as to those votes but no ballot shall be void for having been voted
for a less number. The six council candidates and the candidate for Mayor
receiving the highest number of votes cast in such election shall be declared
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.

A. 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 remaining
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 respec-
tive 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 Commissioner of Revenue,
City Treasurer, or City Sergeant shall be filled by the Council by maj ority
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 ap-
pointed shall qualify in the mode prescribed by law and shall continue in
office until their successors are elected and qualified.

§ 3.6. Residence of Elected Officers.—Every elected officer of this City
and every appointed member of any board or commission shall, at the time
of his election or appointment, be a qualified voter in the City and have
resided in the City for at least one year prior to his appointment or election,
If any such officer or appointee moves from the City, his office shall there.
§ 3.7. Eligibility of Federal Employees.—No person, otherwise eligi-
ble, shall be disqualified by reason of his accepting or holding an office, post,
trust, or emolument under the Government of the United States from serv-
ing as Mayor or Councilman, officer or employee of the City, or as a member
of any board or commission.

Advisory Referendum.—tThe City Council, by majority vote of
the entire Council, may submit to the qualified voters of the City for advisory
purposes, any question or group of questions relating to the affairs of the
City. Any such advisory referendum shall be conducted in the manner
provided for bond elections, but the results thereof shall not be binding
upon the City Council. There shall be no right of appeal from or recount of
the results of an advisory referendum. ;

§ 3.9. Voting Machines.—The Council, by ordinance, may authorize
the use of voting machines in all elections, and wherever the term “ballot”
shall appear herein the same shall be interpreted in a manner consistent
with the use of said machines.

CHAP. 4
OTHER CITY OFFICERS

§ 4.1. City Collector.—The Council may appoint a City Collector for
an indefinite term and shall fix his salary, which shall be paid from the City
Treasury. All of the duties theretofore performed by the Treasurer of
the City of Fairfax in connection with the collection of taxes, special
assessments, license fees, and other revenues of the City shall devolve upon
the City Collector, when appointed. The City Collector shall be required
to take an oath of office and shall furnish a bond with corporate surety in
the manner and amount required by City ordinance. The City Collector
shall have the following powers and shall be charged with the following
duties and functions: ;

(a) The collection of all taxes, special assessments, license fees and
oe revenues of the City or for the collection of which the City is respon-
sible.

(b) To transfer to and place in the custody of the City Treasurer
all public funds belonging to or under the control of the City and to receive
and maintain appropriate receipts and records thereof.

(c) The City Collector shall have any and all powers which are NOW
or may hereafter be vested in any officer of the State charged with the
collection of State taxes in order to collect all City taxes, special assessments,
license fees and other revenues of the City and may collect the same in the
same manner by which State taxes are collected by an officer of the State.

(d) The City Collector shall have the power to conduct public sales
of real estate upon which delinquent taxes, levies, or charges assessed
thereon have not been paid for two consecutive years and may institute
suits in equity to enforce any lien in favor of the City against any property
within the City to which such lien may lawfully attach. The Council shall
determine by ordinance the procedure for the conduct of such sales not
inconsistent with general law and the City Collector shall comply therewith.

§ 4.2. Department Heads.—All Department Heads of the City shall
be appointed by the City Council for an indefinite term and their compensa-
tion, in the form of salary, shall be paid from the City Treasury. Such
officials shall be chosen on the basis of their executive, technical, and ad-
ministrative qualifications, with special reference to their actual experience
in or knowledge of accepted practices with respect to the duties of the
offices for which they are appointed. At the time of the appointment said
officials need not be residents of the City or the Commonwealth, but the
Council, where deemed necessary, may require any City official during his
tenure to reside within the City. ;

§ 4.3. Assistant Registrars.—Whenever, in the judgment of the City
Council, the Office of the Registrar shall require additional personnel the
City Council may appoint such assistant registrars as may be required for
the proper and efficient conduct of that office. The term and compensation
for such appointments shall be determined by the City Council and paid
from the City Treasury.

§ 4.4. Deputy Commissioner of Revenue.—The Commissioner of the
Revenue may appoint a Deputy Commissioner of Revenue to assist the Com-
missioner of Revenue in all his duties which are by law delegable to a Deputy
Commissioner.

CHAP. 5
MAYOR AND COUNCIL

§ 5.1. Composition.—The Council shall consist of six members elected
as provided in Chapter 3. They shall receive in full compensation for their
services as members of the Council a sum not in excess of two hundred
dollars per month regardless of the number of Council meetings attended.
It shall be lawful for the Council to increase the amount of such compensa-
tion provided the increase does not become effective until the end of the
Council term then current.

§ 5.2. 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) Tocreate, alter or abolish departments, bureaus, divisions, boards,
commissions and offices.

_. (c) To designate the time and place for all Council meetings; pro-
vided, that special meetings of the Council may be called at the request of
the Mayor or of not less than three members thereof.

(d) To provide for the number, titles, qualifications, power, duties
and compensation of all officers and employees of the City, and to supplement
the salary of any elected official and his deputies and employees other than
the Mayor and Councilmen, 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.

(f) To provide for compensation of members of boards or commis-
sions in an amount not to exceed fifty dollars ($50.00) per meeting.

§ 5.3. Mayor.—The Mayor shall preside over the meetings of the
Council and shall have the same right to speak therein as other members.
The Mayor shall have the power of veto as provided by law which may be
overridden by the City Council as provided by law. 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.

§ 5.4. 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. 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.
§ 5.5. 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 June thirtieth 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 qualification 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 Tuesday of July following their election.

§ 5.6. Procedure for Passing Ordinances.—Except in the case of
zoning ordinances, the following procedure shall be followed by the City
Council in adopting ordinances of the City: ;

(a) Any ordinance may be introduced by any member of the Council
at any regular meeting of the Council or at any special meeting when the
subject thereof has been included in the notice for such special meeting or
has been approved by a two-thirds vote of all members of the Council
present at such special meeting. Upon introduction, the ordinance shall
receive its first reading, verbatim, unless waived by a two-thirds vote of
those Council members present, and, provided a majority of members
present concur, the Council shall set a place, time and date, not less than
three days after such introduction for a public hearing thereon. A copy of
the proposed ordinance shall be delivered to each member of City Council at
or prior to its introduction.

(b) The public hearing may be held at a regular or special meeting
of the Council and may be continued from time to time. The City Clerk
shall publish in a newspaper of general circulation a notice containing the
date, time and place of the hearing and the title or subject matter of the
proposed ordinance. On direction of the Council the Clerk shall also publish
the full text of the proposed ordinance which shall be available to citizens
of the City.

(c) <A proposed ordinance, unless it be an emergency ordinance, may
be finally passed upon the completion of the public hearing.

(d) Amendments or additions to a proposed ordinance may be made
at any time. Publication of an amendment shall not be required except that
if said amendments or additions introduce an entirely new subject matter
or radically change the overall purpose of the original ordinance, they shall
be introduced and treated as a new ordinance. At the second reading only
the title of an ordinance need be read, unless amendments or additions have
been made subsequent to the introduction, in which case said amendments
or additions shall be read in full prior to enactment.

(e) If, in the opinion of Council, an emergency exists, an ordinance
pertinent to the emergency may be passed with or without amendment at
the same meeting at which it is introduced and no publication, hearing or
specific time interval between introduction and passage shall be necessary.
An emergency ordinance must contain a specific statement of the emergency
upon which it is based, and must be passed by a two-thirds affirmative vote
of the members of City Council present.

§ 5.7. Record and Codification of Ordinances.—Every ordinance
after passage shall be given a serial number and shall be recorded by the
Clerk in a properly indexed book kept for that purpose. The Council may
cause to be prepared, under the direction of the City Attorney, a codification
of all general ordinances in force. Such codification may be passed by the
Council as a single ordinance and without hearings or prior publication.
This codification, to be known and cited officially as the City Code, shall be
printed and distributed as the Council may direct.

In so codifying such ordinances, the Council may, without limitation
of the foregoing, arrange the various ordinances and assign to them appro-
priate places and section numbers, create new titles, chapters, articles and
sections, correct unmistakable printers’ errors or other unmistakable
errors, Make consequential changes in the title of officers, agencies and
references which are no longer appropriate, and make such other conse-
quential changes, alterations, modifications, additions, and substitutions
therein as it may deem best to the end that a complete simplified Code of
Ordinances in force shall be presented, but with errors, inconsistencies,
repetitions, ambiguities and conflicts eliminated.

_ .§ 5.8. No member of the Council shall cast any vote without first
disclosing what interest, if any, he has in the outcome of the vote being
taken. The City Council is hereby empowered to enact a conflict of interest
and disclosure ordinance to govern elected and appointed City officials not
inconsistent with the general law.

CHAP. 6
CITY MANAGER

§ 6.1. 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 prac-
tice in respect to the duties of his office. At the time of his appointment,
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.

§ 6.2. 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.

§ 6.3. 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 and 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 as required by the Council; (f)
arrange for an annual audit by a certified public accountant, the selection
of whom shall be approved by the Council; (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.

§ 6.4. 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.

§ 6.5. 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.
§ 7.1. 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
personal property, machinery and tools shall begin on the first day of
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.

§ 7.2. Submission of Budgets.—On a day to be fixed by the Council,
but in no case later than the first day of March 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.

7.3. 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 Commissioner 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.

§ 7.4. School Budget.—lIt 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 section shall be
construed to be in conflict with the provisions of general law.

§ 7.5. Reserve for Permanent Public Improvements.—The Council
may, by ordinance, establish a reserve fund for permanent public improve-
ments 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.
CHAP. 8

BORROWING

§ 8.1. 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 gen-
eral 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 pro-
vided therefor.

.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 financ-
ing 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 acquisition of any
property, real or personal, incident thereto, the construction or reconstruc-
tion 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 equip-
ment or reequipment of the same and any and all other purposes necessary
and incidental thereto, and including any other purpose authorized by gen-
eral 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 Coun-
cil 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 anticipation 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, shall 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.

8.3. Limitation on Indebtedness.—In the issuance of bonds and
notes, the City shall be subject to the limitations as to amount contained
in Section 127 of the Constitution of the Commonwealth.

§ 8.4. 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 ordi-
nance 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.

_ § 8.5. Form and Execution of Bonds.—Any of said bonds shall be
in such form, either registered or coupon, and shall be in such denomina-
tions as shall be determined by the Council in the proceedings authorizing
the issuance of same. Said bonds may be made redeemable prior to matur-
ity 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
shal] be manually applied.

§ 8.6. 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.

§ 8.7. 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.

§ 8.8. 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
systems 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 acquisi-
tion 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 undertakings
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,
occupational 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
construction or acquisition and for one year thereafter, initial reserve
funds, discount, if any, on the sale of bonds, acquisition of real or personal
property, including franchises, and such other costs as are necessary and
incidental 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, proper-
ties, 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 execution
of general obligation bonds and shall be deemed to be negotiable instru-
men

CHAP. 9
DEPARTMENT OF LAW

§ 9.1. Department of Law.—tThere 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.

§ 9.2. Qualifications and Appointment.—The head of the Department
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 resi-
dent of the City of Fairfax. He shall be appointed by the Council.

§ 9.3. City Attorney.—Powers and Duties.—The City Attorney shall
be the legal advisor of (1) the Council, (2) the City Manager and (8), 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 respective official
powers and duties; (b) at the request of the City Manager or of the Council

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; (e) represent the City as counsel in
any civil case in which it is interested and in criminal cases in which the
constitutionality or validity of any ordinance is brought in issue; (f) with
the approval] of the Council, institute and prosecute all legal proceedings he
shall deem necessary or proper to protect the interests of the City; (g) at-
tend in person or assign one of his assistants to attend all meetings of the
Council; (h) 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 counsel to perform any of the
duties imposed upon him in this Charter; and (i) have such other powers and
duties as may be assigned to him by ordinance. The School Board shall have
authority to employ legal counsel.

CHAP. 10
PUBLIC SAFETY

§ 10.1. The functions of public safety shall be performed by the
Police Department and such other bureaus, divisions and units as may be
prowided 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.

§ 10.2. 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 provided by the
general laws of the Commonwealth.

10.3. Chief of Police.—The head of the Police Department shall
be the Chief of Police. He shall be appointed by the Council and shall be
under the supervision of the City Manager. He shall be in command of
the Police Department, shall appoint all members of the Department,
and shall assign members of the Department to their respective posts,
shifts, details and duties. He shall make rules and regulations in con-
formity 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 efficiency, discipline and good
conduct of the Department.

§ 10.4. The Police Department shall receive all fees and allowances
prescribed by law arising out of the exercise of the powers and duties of
its members which shall be collected by the Chief of Police and paid into

the City Treasury.
CHAP. 11

LAW ENFORCEMENT
§ 11.1. Municipal Judge—Appointment, Term and Qualifications. —
The Council shall elect at the first regular meeting of the Council in Sep-
tember, 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.
§ 11.2. Oath and Bond.—Such Municipal Judge before entering upon
the performance of nis duties, Snali take tne oath prescribed Dy 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 corpo-
rate 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.

§ 11.3. Compensation—Such Municipal Judge 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.

11.4. Collection of Costs and Fees.—The said Municipal Judge
shall cause to be collected such costs and fees required by law to be paid
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; provided 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
tria] fees and arrest and attendance fees shall be collected and paid into
the City Treasury. 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.

§ 11.5. 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
revenue; 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, offering
for sale, transportation, keeping for sale and giving away ardent spirits.
He shall possess all the jurisdiction and exercise all the powers and author-
ity 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.

§ 11.6. Record of Fees, Fines, Forfeitures and Costs.—He shall keep
a regular account of all fees, fines, forfeitures and costs imposed or arising
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 al) 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 forfeitures
accruing to the Commonwealth.

§ 11.7. The Municinal Judge shall hold his court at such place and
unable to act, the substitute Municipal Judge shall discharge the duties
of the Municipal Judge prescribed herein during such inability.

§ 11.8 Vacancies.—Any vacancy occurring in the office of the Munic-
ipal Judge or substitute Municipal Judge from any cause, shall be filled
by the Council by the election of a person with like qualifications, pre-
scribed by this Charter.

§ 11.9. Substitute Municipal Judge.—The Council shall elect one or
more Substitute Judges 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 Munic-
ipal Judge and shall possess all the jurisdiction and exercise all the
power and authority and receive the same salary as is prescribed for 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 conditioned as provided by law.

§ 11.10. 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
ordinance require and qualify by taking the oath required by law of
public officers.

§ 11.11. Bailing Justice—The Council may in its discretion, elect
bailing justices for said City. If and when elected, he shall take the oath
prescribed by law and be bonded with corporate surety as prescribed by
city ordinance. 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 persons
charged with misdemeanors or violations of the City ordinances. His term
of office shall be concurrent with that of the Municipal Judge and his salary
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.

§ 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 as 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
authority and jurisdiction given judges of juvenile and domestic relations
courts by general law, provided, that the Council may designate the Munic-
ipal Judge or the substitute Municipal Judge to act as the Judge of the
Juvenile and Domestic Relations Court. The Judge of the Juvenile and
Domestic Relations Court shall receive such compensation as the Council
may by ordinance or resolution prescribe. He shall take the oath pre-
scribed 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.

CHAP. 12
PUBLIC EDUCATION

§ 12.1. School District—The City of Fairfax shall constitute a
separate school district.

§ 12.2. 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 con-
tinued in office for the terms for which they were elected, except that the
term of each member shall be continued until October first of the year
in which it would otherwise expire. Their successors shall be appointed
by the Council and shall serve for a term of three years, beginning October
first of the year in which they shall be appointed.

§ 12.3. 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, including the 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.

§ 12.4. The School Board by and with the consent of the City Council
shall have the right to contract with the school board of nearby political
subdivisions of the Commonwealth to provide for the education of City
children on a tuition basis upon such terms and conditions as the respec-
tive school boards may agree, provided the same do not conflict with the
Constitution of Virginia.

§ 12.5. All recreation facilities and grounds located on property
owned by the School Board shall be under the exclusive control and super-
vision of the School Board. The title to property and buildings devoted
to public school purposes shall be in the School Board.

§ 12.6. The School Board may borrow subject to the approval of
the City Council from the Literary Fund of Virginia or from such other
sources as may be available to it by general law.

§ 12.7. The terms “member of the School Board” and “School Board’”’
shal] have the same meaning as “School Trustee” and “School Trustees” as
used in the Code of Virginia. The term “board” or “boards” as used in
this Charter shall not include the School Board unless the School Board

is specifically named.
CHAP. 13

MISCELLANEOUS PROVISIONS

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

§ 18.2. Reprinting of Charter After Amendment.—Within a rea-
sonable 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 published
in such number of copies as the Council shall order.

§ 13.8. Officers to Hold Over Until Their Successors are Appointed
and Qualified—Whenever, except as otherwise provided in this Charter,
any officer of the City, judge or member of any board or commission is
elected or appointed for a fixed term, such officer, judge, or member shall
continue to hold office until his successor is appointed and qualified.

: 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.

§ 18.5. Posting of Bonds Unnecessary.—Whenever the general law
requires the posting of a bond, with or without surety, as a condition
precedent to the exercise of any right, the City, without giving such bond,
may exercise such right, provided all other conditions precedent be com-
plied 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.

§ 13.6. Code References.—All references in this Charter are to the
Code of Virginia of nineteen hundred fifty, as amended.

§ 18.7. 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.

§ 18.8. Validation and Ratification Bond, Taxes and Contracts.—
All bonds issued and sold, all contracts, agreements and obligations made
at any time prior to the enactment of this Charter or any amendment
thereto by the Council and government of the City, and the former Town
of Fairfax, not inconsistent with the Constitution of Virginia and general
law, 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 and its amendments, 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 obliga-
tions may be authorized, sold or issued in accordance with the provisions
of law in force prior to the effective date of this Charter as amended, or in
accordance with the provisions of this Charter.

§ 13.9. Continuation of Officers and Boards.—The present Mayor,
members of the City Council and all other city officials, board and com-
mission members shall continue to hold office until their successors shall
have been elected or appointed and shall have qualified as provided by
this Charter. The Mayor and any member of the City Council shall be
eligible for re-election.

§ 18.10. Severance Clause.—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, 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 SS aetey in which said judgment, order or decree shall have been
rendered.
2. Chapter 468, as amended, of the Acts of Assembly of 1962, approved
March 31, 1962, is repealed.
8. An emergency exists and this act is in force from its passage.