CHAPTER 646

An Act to provide a new Charter for the town of Herndon, in the county
of Fairfax, and to repeal Chapter 876 of the Acts of Assembly of 1988,
approved March $1, 1938, as amended, which provided a Charter for
the town of Herndon, in the county of Fairfax. 3 93

[S 235]

Approved April 5, 1968

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 Herndon, as such limitations
are now, or may hereafter be altered and established by law, shall consti-
tute and continue a body politic and corporate, to be known and designated
as the Town of Herndon, 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
Herndon is that territory in the County of Fairfax, Virginia, established
in chapter 376 of the Acts of Assembly of 1938.

Chapter 2.
Powers.

§ 2.1. General Grant of Powers.—The Town of Herndon shall have
and may exercise all powers which are now or hereafter may be con-
ferred upon or delegated to towns under the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as though such
powers were specifically enumerated herein, and no enumeration of par-
ticular powers by this charter shall be held to be exclusive, and shall have,
exercise and enjoy all the rights, immunities, powers and privileges, and
be subject to all the duties and obligations now appertaining to and in-
cumbent on the town as a municipal corporation.

§ 2.2. Adoption of Certain Sections of Code of Virginia.—The powers
set forth in §§ 15.1-837 through 15.1-915, both inclusive, of chap. 18
of Title 15.1 of the Code of Virginia, as in force on January 1, 1968, are
hereby conferred on and vested in the Town of Herndon.

Chapter 8.
Mayor and Council.
-_ § 3.1. Election, Qualification and Term of Office of Councilmen and
or.—
y (a) The Town of Herndon shall be governed by a town council
composed of six councilmen and a mayor, all of whom shall be qualified
voters of the town.
(b) The mayor and councilmen in office at the time of the passage
of this act shall continue in office until the first day of September, 1969.
An election for mayor and councilmen shall be held on the second Tues-
day in June, 1969, and every second year thereafter. The mayor and
councilmen elected under this act shall enter upon the duties of their
offices on the first day of September next succeeding his or their election.

§ 3.2. Vacancies on Council.—Vacancies on the Council shall be filled
for the unexpired portion of the term by a majority vote of the remain-
ing members of the Council.

3.3. Vacancy in Office of Mayor.—A vacancy in the office of mayor
shall be filled for the unexpired portion of the term by a majority vote
of the members of the Council.

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

§ 3.5. General Grant of Powers to Council.—The town council shall
have all powers and authority that are now or may hereafter be granted
to councils of towns by the general laws of the Commonwealth and by
this charter, 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 the Commonwealth to town councils, but
not herein specified.

§ 3.6. Powers and Duties of Mayor.—The mayor shall be the chief
executive officer of the town. He shall have and exercise all power and
authority conferred by general law not inconsistent with this charter.
He shall preside over the meetings of the town council and shall have the
same right to speak therein as members of the town council, but shall
not vote, except in the case of tie. He shall have the power of veto over
the ordinances and resolutions of the council, but such ordinances and
resolutions may be passed over such veto by a two-thirds vote of the
members of the town council present and voting. He shall be recognized
as the head of the town government for all ceremonial purposes. He shall
perform such other duties consistent with his office as may be imposed
by the council. He shall see that the duties of the various town officers
are faithfully performed. In times of public danger or emergencies, he
may take command of the police and maintain order and enforce laws,
and for this purpose, may deputize such assistant policemen as may be
necessary. He, or the person acting as mayor, shall authenticate by his
signature, such documents or instruments as the council, this charter,
or the laws of the Commonwealth shall require.

§ 3.7. Vice Mayor.—The town council shall elect from its members,
by a majority of the members present, a vice mayor. During the absence
or inability of the mayor to act, the vice mayor shall possess the powers
and discharge the duties of the mayor. While serving in the place of the
mayor, the vice mayor may vote as a member of the town council.

§ 3.8. Meetings of Council.—The town council shall fix the time of
their stated meetings, and they shall meet at least once a month. The
council shall keep a journal of its official proceedings and its meetings
shall be open. Four members of the town council shall constitute a quorum
for the transaction of business at any meeting. Special meetings may
be called at any time by the mayor or by four members of the council;
provided that the mayor and all council 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. If all members are present, this provision may be waived by
a majority vote of the council.

§ 3.9. Rules of Order and Procedure.—The town council shall es-
tablish its own rules of order and procedure, and may take appropriate
action against its own members and other persons for violations thereof.

§ 3.10. Council to Fix Salaries——The town council is hereby au-
thorized to fix the salary of the mayor, members of the town council,
members of boards or commissions, and all appointed officers and em-
ployees of said town, at a sum not to exceed any limitations placed by
the laws and Constitution of the Commonwealth of Virginia.

Chapter 4.
Town Manager.

§ 4.1. Appointment.—The town council may appoint a chief ad-
ministrative officer of the town who shall be called the town manager, fix
his salary and delegate to him such administrative duties, powers and
responsibilities as it believes to be in the best interest of the town. Dur-
ing his tenure of office the town manager shall reside within the town.
The hae manager shall serve at and during the pleasure of the town
counci

§ 4.2. Duties.—It shall be the duty of the town manager to (a)
attend all meetings of the town council, with the responsibility to counsel
and advise but with no voting rights; (b) keep the town council advised
of the financial condition and the future needs of the town and of all
matters pertaining to its proper administration, and make such recom-
mendations as he deems desirable; (c) prepare and submit the annual
budget to the town council and be responsible for its administration after
its adoption; (d) prepare in suitable form for publication and submit to
the town council at a regular meeting in September of each year a con-
cise, comprehensive report of the financial transactions and administra-
tive activities of the town government during the immediately preceding
fiscal year; (e) present adequate financial and activity reports as required
by the town council; (f) arrange for an annual audit by a certified
public accountant, the selection of whom shall be approved by the town
council; and (¢g) perform such other duties as may be prescribed by this
charter or required in accordance therewith by the Mayor or the town
council or which may be required of the chief administrative officer of
a town by the general laws of the Commonwealth other than the duties
conferred on the mayor by this charter.

§ 4.8. Temporary Transfer of Personnel between Departments and
Removal of Personnel.—The town manager shall have the power, when-
ever the interests of the town require, to assign employees of any depart-
ment, bureau, office or agency under his supervision to the temporary
performance of duties in another department, bureau, office or agency.
The town manager shall not have the right or power to appoint, transfer,
or remove the town clerk, town sergeant, chief of police, town attorney,
town treasurer, justices of the peace, or policemen, but the town council
may delegate to the town manager the authority to appoint and remove
other personnel.

§ 4.4 Relations with Boards, Commissions and Agencies.—The town
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 and any other board or commis-
sion the town council may designate.

§ 4.5. Acting Town Manager.—The town council may designate a
person to act as town manager in case of the absence, incapacity, death
or resignation of the town manager, until his return to duty or the ap-
pointment of his successor.

Chapter 5.

Appointive Officers.
§ 5.1. Appointments.—The town council shall appoint a town clerk,
a town sergeant, a chief of police, a town attorney, a town treasurer,
and justices of the peace and may appoint such other officers of the town
as they deem necessary. Each and every officer appointed under this
section shall be directly responsible to the town council and mayor. Such
officers 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 prescribe.

§ 5.2. Deputies and Assistants.—The town council may appoint such
deputies and assistants to appointive offices as they may deem necessary.

§ 5.8. Term of Office.—Officers and deputy and assistant officers
appointed by the town council shall serve at and during the pleasure of
the town council.

§ 5.4. Bonds.—Officers and deputies and assistants appointed by the
town council shall execute such bonds as may be required by resolution
of the town council.

§ 5.5. Vacancies in Office.—The town council may fill any vacancy
in any appointive office.

§ 5.6. Appointment of One Person to More Than One Office.—The
town council may appoint the same person to more than one appointive
office.

§ 5.7. Town Clerk.—The town clerk shall be the clerk of the town
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 be the custodian of the corporate seal of the town and shall be the
officer authorized to use and authenticate it. He shall perform such other
duties and keep such other records as the town council or the general
laws of the Commonwealth 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 6.
Municipal Court.

§ 6.1. Created; Name.—There is hereby created a municipal court
for the town, which court shall be known as the Municipal Court of
Herndon.

§ 6.2. Jurisdiction.—Jurisdiction of the municipal court in criminal
matters shall be as provided in §§ 16.1-124 and 16.1-125 of the 1950 Code
of Virginia, as amended, and said court shall have original jurisdiction
in the trial of all cases involving the violation of town ordinances, and in
the collection of taxes or assessments, or other forms of debt owing to
the town.

§ 6.3. Judge; Substitute Judge—The judge of the municipal court
shall be appointed by the town council. He shall serve at the pleasure
of the town council. The town council may appoint a substitute judge
to serve during the absence or inability to act of the judge of the municipal
court.

§ 6.4. The clerk of the municipal court shall be appointed by the
town council. The clerk shall serve at the pleasure of the town council.

§ 6.5. Justices of the Peace.—The justices of the peace shall be
conservators of the peace, and shall have the power and authority to set
and accept bonds, issue warrants and summon witnesses involving vio-
lations of town ordinances, but all such warrants and process shall be re-
turnable before the municipal court. The compensation of such justices
of the peace shall be the fees which are fixed by general laws of the
Commonwealth of Virginia for such justices. |

Chapter 7.
Miscellaneous.
§ 7.1. Elections Governed by State Law.—All town elections shall
be held and conducted in the manner prescribed by the laws of the
Commonwealth.

§ 7.2. Actions against Town for Damages, Etc.—

(a) No action shall be maintained against the town for damages
for any injury to any person or property alleged to have been sustained
by reason of the negligence of the town, or any officer, agent or employee
thereof, unless a written statement, verified by oath of the claimant,
his agent or attorney, or the personal representative of any decedent
whose death is a result of the alleged negligence of the town, its officers,
agents, or employes, of the nature of the claim and the time and place
at which the injury is alleged to have occurred, or to have been received,
shall have been filed with the mayor or an attorney appointed by the
town council for this purpose, and the town is hereby authorized to ap-
point such an attorney, within sixty days after such cause of action shall
have accrued. Where the claimant is an infant or non compos mentis,
or the injured party dies within such sixty days, such statement may be
filed within one hundred twenty days. No officers, agents or employees
of the town shall have authority to waive such conditions precedent or
any of them.

(b) In any action against the town to recover damages against it
for any negligence in the construction or maintenance of its streets, alleys,
lanes, parks, public places, sewers, reservoirs or water mains, where
any person or corporation is liable with the town for such negligence,
every such person or corporation shall be joined as defendant with the
town in such action brought to recover damages for such negligence, and
where there is a judgment or verdict against the town, as well as the
other defendant, it shall be ascertained by the court or jury which of the
defendants is primarily liable for the damages assessed.

(c) If it is ascertained by the judgment of the court that some
person or corporation other than the town is primarily liable, there shall
be a stay of execution aaginst the town until execution against such per-
son or persons or corporation or corporations shall have been returned
without realizing the full amount of such judgment.

(d) If the town, when not primarily liable, shall pay such judgment
in whole or in part, the plaintiff shall, to the extent that such judgment
is paid by the town, assign the judgment to the town, without recourse
on the plaintiff, and the town shall be entitled to have execution issued
for its benefit against the other defendant or defendants who have been
ascertained to be primarily liable, or may institute any suit to enforce
the said judgment, or any action at law, or scire facias to revive such
judgment.

(e) No order shall be entered or made, and no injunction shall be
awarded by any court or judge, to stay proceedings of the town in the
prosecution of their works, unless it be manifest that they, their officers,
agents, or servants are transcending the authority given them in this
charter, and that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

(f) The town council is authorized and empowered to compromiss
any claim for damages or any suit or action brought against the town.

§ 7.3. United States Government Employees.—No person, otherwis
eligible, shall be disqualified, by reason of his accepting or holding a1
office, 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. ;

§ 7.4. Board of Zoning Appeals.—The Council shall appoint a Boar
of Zoning Appeals, consisting of five members, none of whom shall hol
any other positions with the town and each of whom shall be a quailifie
voter of said town. Their term of office shall be for five years eacl
except that original appointments shall be made for such terms that the
term of one member shall expire each year.

§ 7.5. Town of Herndon School Board.—The Town Council shall ap-
point three citizens of the town to the Town of Herndon School Board,
one for a term of one year, one for a term of two years, and one for a
term of three years. The Town of Herndon School Board is authorized
to take and receive sums of money by gift, bequest, or otherwise, to be
kept invested and the income therefrom used to assist persons in ob-
taining an education or for the educational purposes for which said dona-
tion, gift, or bequest shall have been made.

§ 7.6. Exemption of Real and Personal Property Used for Manu-
facturing Purposes.—The council may, by a two-thirds vote of the body,
exempt real and personal property used for manufacturing purposes or
other enterprises from all taxes for municipal purposes for a period not
exceeding five years, if it deem it expedient to do so in order to encourage
the establishment of such enterprise therein or thereon.

Acceptance of Federal Aid, Contributions, etc.—The Town of
Herndon shall have the power to receive and accept from any federal
agency grants of any kind for or in aid of the construction of any proj-
ect, the procuring or reserving of park land, open spaces or any recrea-
tional facility, and to do all such things or make any covenants or agree-
ments which may be necessary or required in order to obtain and use
such federal grants. The town may receive and accept aid or contribu-
tions from any source or money, property, labor or other things of value,
to be held, used and applied only for the purposes for which such grants
and contributions may be made.

§ 7.8. Eminent Domain.—The powers of eminent domain set forth
in Title 15.1; Title 25, Chapter 1.1; and Title 33, Chapter 1 of the 1950
Code of Virginia, as amended, and ‘all acts amendatory thereof and sup-
plemental thereto, necessary changes having been made, are hereby con-
ferred upon the Town of Herndon.

(a) In any case in which a petition for condemnation is filed by or
on behalf of the town, a true copy of a resolution or ordinance duly
adopted by the town council declaring the necessity for any taking or
damaging of any property, within or without the town, for the public
purposes of the town, shall be filed with the petition and shall constitute
sufficient evidence of the necessity of the exercise of the powers of eminent
domain by the town. The town may employ the procedures conferred by the
foregoing laws, mutatis mutandis, and may, in addition thereto, proceed as
hereinafter provided.

(b) Certificates issued pursuant to § 33-70.3 to 33.70.11, inclusive,
Code of Virginia 1950, as amended, and acts amendatory thereof and
supplemental thereto, may be issued by the town council signed by the
mayor and countersigned by the town clerk. Such certificate shall have
the same effect as certificates issued by the State Highway Commissioner
under the aforesaid laws and may be issued in any case in which the town
proposes to acquire property of any kind by the exercise of its powers
of eminent domain for acquisition of lands, easements or related interests
in property necessary for streets, water, sewer or utility pipes or lines
and/or conduits, or related facilities, whether within or without the town.

(c) In addition to the powers conferred by the aforesaid laws, such
certificates may be amended or cancelled by the court having jurisdiction
of the proceedings, upon petition of the town, at any time after the filing
thereof; provided, that the court shall have jurisdiction to make such
order for the payment of costs and damages, if any, or the refund of any
excessive funds theretofore paid pursuant to such certificate as shall,
upon due notice and hearing, appear just. The court shall have jurisdic-
tion to require refunding bonds for good cause shown by the town or
any other person or party in interest prior to authorizing any distribu-
Hon of funds pursuant to any certificate issued or deposit made by the
own.

§ 7.9. Disclosure of Interest.—The town council is hereby empowered
to enact a conflict of interest and disclosure ordinance to govern elected
and/or appointed town officials not inconsistent with the general law.

§ 7.10. Fiscal Year.—The fiscal year of the town shall begin on
July 1 of each year and end on June 30 of the year following.

§ 7.11. 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.

§ 7.12. Ordinances in Force.—All ordinances now in force in the
Town of Herndon, not inconsistent with this charter, shall be and remain
in force until altered, amended or repealed by the town council.

§ 7.18. Severability of Provisions.—If any clause, sentence, para-
graph or part of this charter 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 this charter, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.

2. Chapter 376 of the Act of Assembly of 1938, approved March 31,
1938, as amended, is repealed.
3. An emergency exists, and this act is in force from its passage.