R-13-56 RESOLUTION NO. R-13-56
A RESOLUTION REQUESTING THE 2014 SESSION OF THE VIRGINIA
GENERAL ASSEMBLY TO ENACT VARIOUS AMENDMENTS TO THE CITY
CHARTER OF THE CITY OF FAIRFAX, VIRGINIA
WHEREAS, at a regular meeting of the City Council held on December 10, 2013,
after due and proper publication of the notice of public hearing pursuant to Section 15.2-202,
Code of Virginia (1950), as amended, which notice contained inter alia, an informative
summary of the proposed amendments to the City Charter of the City of Fairfax, Virginia(the
"City Charter") a public hearing with respect to such proposed amendments was held before
the City Council in which all citizens so desiring were afforded the opportunity to be heard to
determine if the citizens of the City desire that the City request the General Assembly to
amend its existing City Charter in the form and manner hereinafter referred to and as provided
in the aforesaid notice; and
WHEREAS, upon conclusion of such public hearing and upon consideration of the
proposed amendment to such Charter, the City Council is of the opinion that the 2014 Session
of the General Assembly of Virginia should be requested to amend the City Charter as
hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax, that the General Assembly of Virginia is hereby requested during its 2013 Session to
amend the City Charter to show the additions and deletions as shown in the interlined version
of the City Charter attached hereto as Attachment "A".
ADOPTED this 10th day of December, 2013.
Stasto14.6",* 440•4
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye
FAIRFAX, CITY OF City of Second Class.
Providence established as Fairfax County Courthouse in 1805.
Name changed 1859 to Fairfax. Originally incorporated as a town in 1874.
Became City of Fairfax by Court Order 1961.
Charter, 1892, c. 282; repealed 1954, c. 357.
Charter, 1954, c. 357; repealed 1962, c. 468.
Charter, 1962, c. 468; repealed 1966, c. 319.
Charter, 1966, c. 319.
Amended 1970, c. 125 (§§ 8.5, 8.6)
1971, c. 58 (§ 11.11)
1972, c. 12 (§§ 3.1, 11.4, 11.11)
1975, c. 93 (§§ 3.8, 10.5 [added], 11.1 through 11.12 [repealed])
1976, c. 101 (§§ 2.8 [repealed], 2.8:1 [added], 3.6, 6.3)
1977, c. 274 (§§ 2.2, 7.4, 12.2)
1978, c. 514 (§ 8.6)
1981, c. 368 (§§ 5.1, 5.2)
1982, c. 8 (§ 6.3)
1984, c. 205 (§§ 1.2, 2.2, 2.4, 2.5, 2.6, 2.7, 3.1, 3.4, 3.5, 4.1,4.2,
4.4 [repealed], 5.3, 5.6, 5.9 [added], 5.10 [added], 6.1, 6.3,
6.5, 7.2, 7.3, 8.1, 8.3, 8.5, 8.8, 9.2, 9.3, 10.2, 10.3,
10.4 [repealed], 10.5 [repealed], 13.1, 13.4, 13.9 [repealed],
13.11 [added])
1989, c. 21, 116 (§ 12.2)
1992, c. 30 (§ 13.12)
1992, c. 281 (§ 1.2)
1994, c. 130 (§§ 1.2, 12.2)
2002, c. 5 (§ 1.2)
2004, c. 19, 161 (§§ 5.1, 5.2)
2005, c. 641, 673 (§§ 2.2, 5.5, 9.3)
2011, c. 425, 454 (§§ 5.5, 8.8)
2012, c. 221, 422 (§ 3.4).
CHAPTER 1
INCORPORATION AND BOUNDARIES
§ 1.1. Incorporation.
The inhabitants of the territory comprised within the limits of the City of Fairfax as the same
now are or may hereafter be established by law, shall continue to be a body politic and corporate
under the name of the City of Fairfax 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,
renew, or amend at its pleasure. (1966, c. 319)
§ 1.2. Boundaries.
The corporate limits of the City of Fairfax, Virginia, as heretofore established, are hereby
reestablished and the said corporate limits shall be as set forth in the final order entered on
August 7, 1958, by the Circuit Court of Fairfax County, sitting as a duly constituted Annexation
Court, in Town of Fairfax v. County of Fairfax, At Law 7597, Circuit Court of Fairfax County,
the order entered on December 15, 1980, by the Circuit Court of Fairfax County, pursuant to
Code of Virginia, § 15.1-1031.1, et seq., in City of Fairfax, Virginia, and County of Fairfax,
Virginia, Co-Petitioners, At Law 51496, Circuit Court of Fairfax County, the order entered on
October 18, 1991, by the Circuit Court of Fairfax County, pursuant to Code of Virginia § 15.1-
1031.1 et seq., in City of Fairfax, Virginia, and the County of Fairfax, Virginia, Co-Petitioners,
At Law 108937, Circuit Court of Fairfax County, and the order entered on October 22, 1993, by
the Circuit Court of Fairfax County, pursuant to Code of Virginia § 15.1-1031.1 et seq., in City
of Fairfax, Virginia, and County of Fairfax, Virginia, Co-Petitioners, At Law 127258, Circuit
Court of Fairfax County, and the order entered on March 16, 2001, by the Circuit Court of
Fairfax County, pursuant to Article 2 (§ 15.2-3106 et seq.) of Chapter 31 of Title 15.2 of the
Code of Virginia, in the City of Fairfax, Virginia, and the County of Fairfax, Virginia, Co-
Petitioners, At Law 194160, Circuit Court of Fairfax County, and as thereafter lawfully changed.
(1966, c. 319; 1984, c. 205; 1992, c. 281; 1994, c. 130; 2002, c. 5)
CHAPTER 2
POWERS
§ 2.1. General Grant of Powers.
The City shall have and may exercise all powers which are now or may hereafter be conferred
upon or delegated to cities under the Constitution and Laws of the Commonwealth and all
other powers pertinent to the conduct of a city government, the exercise of which is not
expressly prohibited by the said Constitution and Laws and which in the opinion of the Council
are necessary or desirable to promote the general welfare of the City and the safety, health,
peace, good order, comfort, convenience and morals of its inhabitants, as fully and completely
as though such powers were specifically enumerated in this Charter, and no enumeration of
particular powers in this Charter shall be held to be exclusive but shall be held to be in addition
to this general grant of powers. (1966, c. 319)
§ 2.2. Financial Powers.
In addition to the powers granted by other sections of this Charter, the City shall have the
power:
(a) To raise annually by taxes and assessments, as permitted by General Law, in the City such
sums of money as the Council shall deem necessary to pay the debts and defray the expenses of
the City, in such manner as the Council shall deem necessary or expedient. In addition to but not
as a limitation upon this general grant of power, the City shall have power to levy and collect ad
valorem taxes on real estate and tangible personal property and machinery and tools; to levy and
collect gross receipts taxes against public utilities; to levy and collect taxes for admission to or
other charge for any public amusement, entertainment, performance, exhibition, sport or athletic
event in the City, which taxes may be added to and collected with the price of such admission or
other charge; to levy and collect taxes on hotel and motel rooms; unless prohibited by General
Law to require licenses, prohibit the conduct of any business, profession, vocation or calling
without such a license, require taxes to be paid on such licenses in respect of all businesses,
professions, vocations and callings which cannot, in the opinion of the Council, be reached by
the ad valorem system; and to require licenses of owners of vehicles of all kinds for the privilege
of using the streets, and other public places in the City, require taxes to be paid on such licenses
and prohibit the use of streets, alleys and other public places in the City without such license.
(b) To budget, borrow, appropriate and expend, without being bound by other provisions of this
Charter, in an amount not in excess of ten percent of the total General Fund Budget of the
preceding fiscal year, for the purpose of meeting a public emergency; provided that any such
action shall require the affirmative votes of two-thirds of the entire Council and shall be in the
form of an ordinance containing a clear statement of the nature and the extent of the emergency.
(c) To levy a transient occupancy tax on hotels, motels and boarding houses. Such tax shall
be in such amount and on such terms as the Council may, by ordinance prescribe; provided,
that such tax shall not exceed four percent of the amount of charge for the occupancy of any
room occupied. The tax imposed hereunder shall not apply to rooms rented for continuous
occupancy for thirty or more days in hotels, motels, and boarding houses. (1966, c. 319;
1977, c. 274; 1984, c. 205; 2005, c. 641, 673)
§ 2.3. The powers set forth in Article 1 ($ 15.2-1100 et se•.) of Chanter 11 of Title 15.2 of the
Code of Virginia, § 15.1 837 through 15.1 907 of Chapter 18 of Title 15.1 of the Code of
• - • . - , •;;, and any acts amendatory thereof or
supplementary thereto are hereby conferred on and vested in the City of Fairfax. (1966, c. 319)
§ 2.4. Property Assessments.
(a) The City Council shall provide for the annual assessment and reassessment of real estate for
taxation.
(b) All real estate shall be assessed at its fair market value and the taxes for each year on such
real estate shall be extended on the basis of the last assessment made prior to such year, subject
to such changes as may have been lawfully made.
(c) The Assessor shall prepare the land books and extend the taxes thereon and perform all
the duties required by law to be performed in respect to real estate assessments. The Clerk of
the Circuit Court of Fairfax County, Fairfax, Virginia, shall furnish to the Assessor the list of
real estate transfers within the City of Fairfax.
(d) Notwithstanding the provisions of§ 58.1-3370 of the Code of Virginia, the Circuit Court of
Fairfax County, Virginia, or the judge thereof in vacation, shall appoint for the City a Board of
Equalization of Real Estate Assessments, to be composed of three members, who shall be
freeholders of the City, and who shall be selected by the court or judge from the citizens of the
City. Initially one member shall be appointed for a term of three years, one for a term of two
years and one for a term of one year. Each succeeding year thereafter one member shall be
appointed for a term of three years. All terms shall run from the first day of December in the
year of appointment until the thirtieth day of November in the year of expiration, the terms of
the members first appointed shall begin on the day of appointment. Members shall hold over
until a successor is appointed and qualifies. Such court or judge thereof in vacation may
reappoint any member upon the expiration of his term and shall fill any vacancy upon the Board
for the unexpired term. The members of the Board shall receive per diem compensation for the
time actually engaged in the duties of the Board, to be fixed by the Council, and paid out of the
Treasury of the City; provided, however, the Council, may limit the per diem compensation to
such number of days as in its opinion is sufficient for the completion of the work of the Board.
Such Board of Equalization shall have and may exercise the power to revise, correct and amend
any assessment of real estate made by the Assessor in the calendar year in which they serve and
to that end shall have all the powers conferred upon Boards of Equalization by Article 14 of
Chapter 32 of Title 58.1 of the Code of Virginia, and any acts amendatory thereof and
supplemental thereto. Notwithstanding such Chapter, however, the Board of Equalization may
adopt any regulations providing for the oral presentation, without formal petitions or other
pleading or requests for review, and looking to the further facilitation and simplification of
proceedings before the Board.
(e) The City offa* and any person aggrieved by any correction or assessment made by the
Assessor or the Board of Equalization may apply for relief in the manner provided by §§ 58.1-
3382, 58.1-3982 and 58.1-3984 of the Code of Virginia and any acts amendatory thereof and
supplemental thereto.
(f) This section shall not apply to any real estate assessable under law by the State
Corporation Commission.
(g) All provisions of law relating to the assessment of real estate in cities not in conflict with
the provisions of this section shall apply to the assessment made pursuant thereto. (1966, c.
319; 1984, c. 205)
§ 2.5. The City may receive and accept from any source, including any federal agency, aid,
contributions, money, property, labor or other things of value, to be held, used and applied
for any lawful purpose. (1966, c. 319; 1984, c. 205)
§ 2.6. Contractual Relationships.
The City ofa* may enter into contractual relationships with the Commonwealth and/or its
departments, bureaus, boards and agencies, with other political subdivisions, with authorities,
including regional authorities, and with private agencies on such terms and for such periods as
the Council may determine to be in the public interest in order to promote the education, health,
safety, and general welfare of its residents.
Such contracts may include, but shall not be limited to, schools, libraries, sewage collection
and disposal, water supply, police and fire protection, mass or rapid transit, parks,
playgrounds and open spaces. (1966, c. 319; 1984, c. 205)
§ 2.7. Eminent Domain.
The powers of eminent domain set forth in Title 15.2, Title 25, Chapter 1.1 and Title 33.1,
Chapter 1, of the 1950 Code of Virginia, as amended, and all acts amendatory thereof and
supplemental thereto, mutatis mutandis, are hereby conferred upon the City o .
(a) In any case in which a petition for condemnation is filed by or on behalf of the City, a true
copy of a resolution or ordinance duly adopted by the City Council declaring the necessity for
any taking or damaging of any property, within or without the City, for the public purposes of
the City, 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 City. The City 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 §§ 33.1-121 to 33.1-129, inclusive, and § 33.1-
119, of the Code of Virginia, 1950, as amended, and acts amendatory thereof and supplemental
thereto, may be issued by the Cry-Council, signed by the Mayor and countersigned by the City
Treasurer. Such certificate shall have the same effect as certificates issued by the
Commonwealth Transportation Commissioner, under the aforesaid laws, and may be issued in
any case in which the City proposes to acquire property of any kind by the exercise of its powers
of eminent domain for any lawful public purpose, whether within or without the City; provided,
however, that the provisions of § 33.1-119, of the Code of Virginia, 1950, as amended, and acts
amendatory thereof and supplemental thereto, shall not be used for the acquisition of lands,
easements or related interests in property located outside of the City except for the acquisition of
said interests necessary for streets, water, sewer or utility pipes or lines or related facilities.
(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 City, 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 sums
theretofore paid pursuant to such certificate as shall, upon due notice and hearing, appear just.
The Court shall have jurisdiction to require refunding bonds, for good cause shown by the City
or any other person or party in interest, prior to authorizing any distribution of funds pursuant to
any certificate issued or deposit made by the City. (1966, c. 319; 1984, c. 205)
§ 2.8. (1966, c. 319; repealed 1976, c. 101)
§ 2.8:1. Board of Architectural Review.
The Council shall have power to create by ordinance a board of architectural review which shall
perform the functions, duties and responsibilities more particularly set forth hereinafter.
(a) Old and Historic Districts.—In order to promote the general welfare through the
preservation and protection of historic places and areas of historic interest in the City, the
Council may provide by ordinance for old and historic districts in which no building or structure
shall be erected, reconstructed, altered, restored or razed until approved by the board of
architectural review which shall have the power to pass upon the appropriateness of exterior
architectural features, including signs, of buildings and structures to be erected, reconstructed,
altered or restored in any old and historic district established in the City, and to prohibit the
razing of any building in such a district that was erected prior to or during the year 1900 and is
of such architectural or historical interest that its removal would be to the detriment of the
public interest.
(b) Architectural Control Districts.—In order to encourage the construction of attractive
buildings, to protect and promote the general welfare, and to prevent deterioration of the
appearance of the City which would tend to create hazards to public health, safety and morals,
destroy the opportunity for development of business and industry, and thereby deteriorate
taxable land values and commerce below levels necessary to finance acceptable levels of
municipal services, the Council may provide by ordinance for architectural control districts in
which no structure, building or major improvement, or major landscape features surrounding
such structure, building or major improvement shall be erected, reconstructed, altered or
restored until the plans for such have been approved by the board of architectural review which
shall have the power to pass upon the appropriateness of exterior architectural features,
including signs, of structures, buildings, or major improvements, or major landscape features
surrounding such building, structure or major improvement to be erected, reconstructed, altered
or restored in any architectural control district established in the City. (1976, c. 101)
CHAPTER 3
ELECTIONS
§ 3.1. Election of Councilmen Members and Mayor.
On the first Tuesday in May, 1972, and in every second year thereafter there shall be held a
general Ceity 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. The terms of Council members
and Mayor are to begin on the first day of July following their election.
All elections held pursuant to the prior provisions of this section are hereby ratified and
confirmed. (1966, c. 319; 1972, c. 12; 1984, c. 205)
§ 3.2. Nomination of Candidates.
Candidates for the office of Councilmen members and Mayor may be nominated under general
law. There shall be printed on the ballots used in the election of Councilmen members the
names of all candidates who have been so nominated. (1966, c. 319)
§ 3.3. Conduct of General Municipal Election.
The ballots used in the election of Councilmen members 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. (1966, c. 319)
§ 3.4. Vacancies in Office of Mayor or Councilmember.
A vacancy in the office of the Mayor or in the Council, from whatever cause arising, shall be
filled in accordance with the general laws of the Commonwealth relating to the filling of
vacancies in such local offices, so far as pertinent. (1966, c. 319; 1984, c.
205; 2012, c. 221, 431)
§ 3.5. Election of Other City Officers.
All other City officers required by the laws of the Commonwealth to be elected by the qualified
voters of the City shall be elected on the first Tuesday following the first Monday in November
preceding the expiration of the terms of office of their respective predecessors, for such terms as
are prescribed by law. All such elective officers shall be nominated and elected as provided in
the general laws of the Commonwealth. A vacancy in the office of Commissioner of Revenue or
City Treasurer shall be filled by the Council by majority vote of all its members for the interim
period until a successor is elected at the next general election and takes office. The officers so
elected or appointed shall qualify in the mode prescribed by law and shall continue in office until
their successors are elected and qualified. (1966, c. 319; 1984, c. 205)
§ 3.6. Residence of Elected Officers.
Except as otherwise provided herein, 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
thereupon be deemed vacant.
Provided, however, that in the event it is required that one or more positions on any board or
commission be filled by an individual engaged in a particular professional or technical
occupation, then such professional or technical member need not be a qualified voter in or
resident of the City, if such professional or technical member maintains an office within the
City. (1966, c. 319; 1976, c. 101)
§ 3.7. Eligibility of Federal Employees.
No person, otherwise eligible, shall be disqualified by reason of his accepting or holding an
office, post, trust, or emolument under the Government of the United States from serving as
Mayor or Councils member, officer or employee of the City, or as a member of any board or
commission. (1966, c. 319)
§ 3.8. Advisory Referendum
The 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. (1966, c. 319; 1975, c.
93)
§ 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. (1966, c. 319)
CHAPTER 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 other revenues of
the City or for the collection of which the City is responsible.
(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 complete and accurate 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 Commonwealth 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 Commonwealth.
(d) The City Collector shall have power to use all legal means of collecting all delinquent City
taxes, levies, special assessments, license fees, charges and other revenues of the City. 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 three 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 may determine by ordinance the
procedure for the conduct of such sales not inconsistent with general law and the City Collector
shall comply therewith. (1966, c. 319; 1984, c. 205)
§ 4.2. Department Heads.
All department heads shall be chosen on the basis of their executive, technical, and
administrative 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. All
department heads will be appointed and removed by the City Manager after he has received the
concurrence of the City Council. 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. (1966, c. 319; 1984, c. 205)
§ 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 Council and paid from
the City Treasury. (1966, c. 319)
§ 4.4. (1966, c. 319; repealed 1984, c. 205)
CHAPTER 5
MAYOR AND COUNCIL
§ 5.1. Composition.
The Council shall consist of six members elected as provided in Chapter 3. They shall receive
as compensation for their services as members of the Council in accordance with § 15.2-1414.6
of the Code of Virginia. It shall be lawful for the Council to increase the amount of such
compensation provided the increase does not become effective until the end of the Council term
then current. (1966, c. 319; 1981, c. 368; 2004, c. 19, 161)
§ 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) To create, alter or abolish departments, bureaus, divisions, boards, commissions
and offices.
(c)To designate the time and place for all Council meetings; provided, 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 Councils members, provided that
any such supplement shall not exceed the maximum permitted by general law.
(e) To provide for compensation of the Mayor in accordance with § 15.2-1414.6 of the Code
of Virginia.
(f) To provide for compensation of members of boards or commissions in an amount not to
exceed $50 per meeting. (1966, c. 319; 1981, c. 368; 2004, c. 19, 161)
§ 5.3. Mayor.
The Mayor shall preside over the meetings of the Council and shall have the same right to
speak. The Mayor shall have the power of veto which veto may be overridden by the City
Council as provided herein. He shall not have the right to vote except in case of a tie and, in the
ev-n of . tie .nl wh-n not exrressl_.rohiIited under the C•nstit ion sr 'en-r.l laws of -
Commonwealth of Virginia. 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, and he shall
be the principal representative of the City in interjurisdictional matters. In the absence or
disability of the Mayor, the Mayor may designate a member of the Council to serve as Acting
Mayor and 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 serve as Acting Mayor and perform the
duties of Mayor.
Each ordinance and resolution having the effect of an ordinance, before it becomes operative,
shall be transmitted to the Mayor for his signature. The Mayor shall have five days, Sundays
excepted, to sign it or veto it in writing. If the Mayor fails to sign it or veto it in writing within
such five days, such ordinance or resolution shall become operative as if he had signed it,
unless his term of office or that of the City Council shall expire within such five days. If the
Mayor vetoes such ordinance or resolution in writing, such written veto shall be returned to the
Clerk to be entered on the City Council's record and the City Council shall reconsider the same
at the next regular meeting. Upon such reconsideration, if such ordinance or resolution is
approved by two- thirds of all members of the City Council, it shall become operative,
notwithstanding the veto of the Mayor. The votes of the City Council shall be determined by
yeas and nays and the names of the members voting for and against such ordinance or
resolution shall be entered on the record. (1966, c. 319; 1984, c. 205)
§ 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. (1966,
c. 319)
§ 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 on the second Tuesday of July following their election, or at the first scheduled
regular or special meeting of the City Council in July, whichever occurs first. (1966, c. 319;
2005, c. 641, 673; 2011, c. 425,454)
§ 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 the Mayor and each member of City
Council and shall be made available to the public 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. Every emergency ordinance shall automatically stand repealed as of the 91st
day following the day upon which it was adopted, but this shall not prevent reenactment of the
ordinance in the manner prescribed for ordinances not related to an emergency. An emergency
ordinance may also be repealed by adoption of a repealing ordinance. The repeal of an
emergency ordinance shall follow the procedure specified for the adoption of an emergency
ordinance. (1966, c. 319; 1984, c. 205)
§ 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 appropriate 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 consequential 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. (1966, c. 319)
§ 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. (1966, c. 319)
§ 5.9. Actions requiring an ordinance.
In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance, those acts of the City Council shall be by ordinance which:
(a) Adopt or amend the City Code or establish, alter or abolish any City department,
office or agency;
(b) Establish a law or regulation and fine or other penalty for the violation of such;
(c) Levy taxes, except as otherwise provided with respect to the property tax levied by adoption
of the budget;
(d) Grant, review or extend a franchise;
(e) Regulate the rate charged for the services provided by a City public utility;
(f) Convey or lease or authorize the conveyance or lease of any lands of the City; (g) Amend or
repeal any ordinance previously adopted, except for emergency ordinances; and
(h) Other such acts as provided for by law to require an ordinance.
Acts other than those referred to in the preceding sentence may be done by ordinance or
by resolution. (1984, c. 205)
§ 5.10. Independent audit.
The Council shall provide for an independent annual audit of all City accounts and may
provide for such more frequent audits as it deems necessary. Such audits shall be made by a
certified public accountant or firm of such accountants who have no personal interest, direct or
indirect, in the fiscal affairs of the City government or any of its offices. The Council shall
employ such accounting firm in accordance with procedures and regulations required by law.
If the Commonwealth makes such an audit, the Council may accept it as satisfying the
requirements of this section. (1984, c. 205)
CHAPTER 6
CITY MANAGER
§ 6.1. Appointment and Qualifications.
There shall be a City Manager who shall be the executive officer of the City and shall be
responsible to the Council for the proper administration of the City government. He shall be
appointed by the Council for an indefinite term. He shall be chosen solely on the basis of his
executive and administrative qualifications, with special reference to his actual experience in or
knowledge of accepted practice in respect to the duties of his office. At the time of his
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, except as may be waived by Council. (1966, c. 319;
1984, c. 205)
§ 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. (1966, c. 319)
§ 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 Cehapter 6 of this Charter and be responsible for its administration after
its adoption; (d) (Repealed.) (e)present adequate financial and activity reports as required by the
Council; (€j arrange for an annual audit by a certified public accountant, the selection of whom
shall be approved by the Council; (gDfg with the concurrence of the Council to appoint and
remove all department heads; (gl-g) supervise and issue orders for the performance of the
functions of public safety and civil defense; (g21) appoint and, when he deems it necessary for
the good of the City, suspend or remove all City employees provided for by or under this
Charter, except as otherwise provided by law or this Charter; and may delegate this power to an
appointing authority as defined by the City Code; (g3> direct and supervise the administration of
all departments, offices and agencies of the City, except as otherwise provided by this Charter or
by law; and (hi) 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 Ceity by the general laws of the Commonwealth other than the duties conferred on
the Mayor by this Charter. (1966, c. 319; 1976, c. 101; 1982, c. 8; 1984, c. 205)
§ 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. (1966, c. 319)
§ 6.5. Acting City Manager.
The Council, by ordinance, shall establish a procedure whereby an acting City Manager is
appointed in case of the absence, incapacity, death, resignation, or other vacancy in the
position of City Manager. (1966, c. 319; 1984, c. 205)
CHAPTER 7
BUDGETS
§ 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. (1966, c. 319)
§ 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 a budget that
presents a comprehensive financial plan for all City departments and for all City funds and
activities for the next fiscal year. Such a plan shall contain, but not be limited to, a budget for
the general operation of the City government hereinafter referred to as the general fund budget,
including the total budget for the support of the public schools as filed by the School Board; a
budget for the debt service of the City and reserve requirements therefor; a budget for proposed
capital expenditures; a budget for all City enterprise activities; and a budget message by the City
Manager presenting a concise and comprehensive view of City activities as proposed in the next
fiscal year and the budget message of the School Board. A summary resume of the budget shall
be published in a newspaper having general circulation in the City of Fairfax and/or other media
as permitted or prescribed by the Code of Virginia at least fifteen days prior to the public
hearing at which the budget is adopted. (1966, c. 319; 1984, c. 205)
§ 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 offices of the
Commissioner of Revenue and the Treasurer 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. (1966, c. 319; 1984, c. 205)
§ 7.4. School Budget.
It shall be the duty of the School Board to file its budget estimates with the City Manager. The
action of the Council on the School Budget shall relate to its total or to such major
classifications as may be prescribed by the State Board of Education. If the amount
appropriated by the Council relates to the total only, 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. If the amount appropriated by the Council relates to said major classifications, the
School Board shall expend such funds in accordance with said classifications. Notwithstanding
anything to the contrary contained herein, nothing in this section shall be construed to be in
conflict with the provisions of general law. (1966, c. 319; 1977, c. 274)
§ 7.5. Reserve for Permanent Public Improvements.
The Council may, by ordinance, establish a reserve fund for permanent public improvements 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 $100 of the
assessed valuation thereof or the whole or part of the proceeds of any other tax. (1966, c. 319)
CHAPTER 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 general law when the
general law is not inconsistent with this chapter.
The full faith and credit of the City shall be pledged for the payment of the principal of and
interest on such general obligation bonds and the City shall be unconditionally and irrevocably
obligated to levy ad valorem taxes on all taxable property in said City without limitation as to
rate or amount to the full extent necessary for the payment of such principal and interest on such
general obligation bonds and for any reserve funds provided therefor. The Council may provide
by ordinance the methods and procedures for the borrowing of money, consistent with general
law and this Charter. (1966, c. 319; 1984, c. 205)
§ 8.2. Purposes for Which Bonds or Notes May be Issued.
(a) Bonds, and notes in anticipation of bonds when the issue of bonds has been authorized as
hereinafter provided, may be issued for the purpose of financing the whole or any part of the
cost of any capital improvement project which is hereby defined to include any public
improvement, work or utility which the City is authorized to undertake, including the
acquisition of any property, real or personal, incident thereto, the construction or reconstruction
in whole or in part of any building, plant, work, structure or facility necessary or useful in
carrying out the powers of the City, and the equipment or reequipment of the same and any and
all other purposes necessary and incidental thereto, and including any other purpose authorized
by general law or for which the City may lawfully make an appropriation, except current
expenses.
(b) To anticipate the collection of tax revenue. Notes may be issued, when authorized by the
Council, at any time during the fiscal year in anticipation of the collection of any or all tax
revenues not to exceed sixty percent of such estimated revenue for the fiscal year. Said notes
shall be repaid within twelve months from the date of issue and can be issued only for budgeted
purposes except as hereinafter provided.
(c) Notes in anticipation of bond proceeds. Temporary notes may be issued at
such times and amounts as may be deemed necessary by the Council in anticipation of the
receipt of the proceeds of any bonds, either revenue or general obligation, the issuance of which
had been duly authorized (herein called "bond anticipation notes"). Said bond 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. (1966, c. 319)
§ 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 the Constitution of the Commonwealth or other applicable general law. (1966, c.
319; 1984, c. 205)
§ 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 ordinance shall be passed as
an emergency ordinance and that the affirmative votes of two-thirds of the entire Council shall
be necessary for its adoption. Upon adoption by the Council of a bond ordinance, the City Clerk
shall forthwith certify a copy of said ordinance to the Circuit or Corporation Court having
jurisdiction or to the judge thereof, in vacation, who shall thereupon order a special election of
the qualified voters of the City to be held by general law in such cases provided. If a majority of
those voting therein at such election shall approve the ordinance, it shall take effect
immediately, and if not, it shall be void. (1966, c. 319)
§ 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
denominations as shall be determined by the Council in the proceedings authorizing the
issuance of same. Said bonds may be made redeemable prior to maturity at such prices as may
be determined by the Council, shall bear interest at such rate or rates as shall 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. (1966, c. 319; 1970,
c. 125; 1984, c. 205)
§ 8.6. Procedure of Sale of Bonds.
All bonds issued under this Charter shall be sold as provided by general law. (1966, c. 319;
1970, c. 125; 1978, c. 514)
§ 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. (1966, c. 319)
§ 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 acquisition of any property, real or personal, or mixed,
therefor or other costs in connection therewith or the refunding of outstanding revenue bonds
issued for such purposes.
(a) Any two or more of such systems or other revenue undertakings may be combined and
consolidated into a single revenue undertaking, and may thereafter be operated and maintained
as a single revenue undertaking. 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 purposes 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,
properties, improvements or other purposes upon such terms and conditions as shall be deemed
advisable to the Council.
(d) Any such revenue bonds, as set forth in this section, shall be deemed to be negotiable
instruments, and shall be authorized, executed and sold as provided under general law,
specifically the provisions of the Virginia Public Finance Act of 1991, Chapter 26 (§ 15.2-2600
et seq.) of Title 15.2 of the Code of Virginia as the same may be superseded or amended.
Without limiting the foregoing, any referendum requirement contained within this Charter shall
not be applicable to revenue bonds. (1966, c. 319;
1984, c. 205; 2011, c. 425,454)
CHAPTER 9
DEPARTMENT OF LAW CITY ATTORNEY
§ 9.1. D
There shall be a department of law which shall consist of the City Attorney and such
319)
Quali€}eatiefts-and Appointment and Qualifications.
There shall be a • • • - - - ` - • • --- - -• • • - - City Attorney who,He shall be an
attorney at law licensed to practice under the laws of the Commonwealth and he need not be a
resident of the City of Fairfax. He shall be appointed by the Council to serve at the pleasure of
the Council. (1966, c. 319; 1984, c. 205)
§ 9.2 3. City Attorney. Powers and Duties.
The City Attorney shall be the legal advisor of (1) the Mayor and Council, (2) the City
Manager, and (3) of all departments, boards, commissions and agencies of the City, in all
matters affecting the interests of the City and shall, (a) upon authorized 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 prepare ordinances for introduction and
render his opinion as to the form and legality thereof; (c) draw or approve all bonds, deeds,
leases, contracts or other instruments to which the City is a party or in which it has an interest;
(d) have the management and control of all the law business of the City and the departments,
boards, commissions and agencies thereof, or in which the City has an interest as the Council
may from time to time direct; (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) have the power to prosecute in the courts of the Commonwealth of Virginia
all violations of law constituting misdemeanors and traffic violations committed within the
Ceity, whether violations of Ceity ordinances or the laws of the Commonwealth of Virginia; (g)
attend in person or assign one of his assistants to attend all regular meetings of the Council and
all other meetings of Council unless excused by a majority of the Council; (h) appoint and
remove such Assistant City Attorneys and other employees as shall be authorized by the
Council, (IA) authorize the Assistant City Attorneys or any of them or special counsel
appointed by the Council to perform any of the duties imposed upon him in this Charter; and(}D)
have such other powers and duties as may be assigned to him by ordinance. The School Board
shall have authority to employ legal counsel. (1966, c. 319; 1984, c. 205; 2005, c. 641, 673)
CHAPTER 10
PUBLIC SAFETY
§ 10.1. Public safety functions; contracts for fire protection.
The functions of public safety shall be performed by the Police Department, the Fire
Department and such other bureaus, divisions and units as may be provided by ordinance or by
orders of the City Manager consistent therewith.
The City of Fairfax may enter into contractual relationships with neighboring political
subdivisions for the support and utilization of a joint fire department and rescue services
inclusive of hazardous materials response, technical rescue, and other ancillary services. These
a•r-em-n s an• servi - h.11 .u•m-nt th- i Fir- D- ..rti -n an• .r.vid- for th- .rot-ction
of life and Aron, r y from fire within the City - • - - •- . - - - - • - •••
- . - .. . . . . • - . - , .. . - .
. -• -, - . • - . • • - . ... ..- - . . - .. .. . (1966, c. 319)
§ 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 the Council. 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. (1966, c. 319;
1984, c. 205)
§ 10.3. Chief of Police.
The head of the Police Department shall be the Chief of Police. He shall be appointed by the
City Manager with the concurrence of Council and shall be under the supervision of the City
Manager. He shall be in command of the Police Department. He shall make rules and
regulations in conformity with this Charter and the ordinances of the City concerning the
operation of the department, the conduct of the officers and employees thereof, their uniforms,
arms and other equipment, their training and the penalties to be imposed for infractions of such
rules and regulations. (1966, c. 319; 1984, c. 205)
§ 10.4, Fire Department.
The fire department shall consist of the Cit of Fairfax Fire Department and the Fairfax
Volunteer Fire Department operatin• .s on- om.in-• de.artm-nt .no ref-rred to as "the Fre
Department." The Fire De.artment shall be made un of the Fire Chief and such other officers
,n• e .1p --s of su h r.nks . • •r..e .s ma s- e asli hed . Co ncil. Th- Fr-
Department shall be responsible for the protection of life and property from fire and iniur
thr p u•h pus lic e• cation ors ,ram and he -of p r -men of . p Ili able fire ano buil.in• •de
Furthermore, the Fire Department shall provide emer•encv medical services. fire suppression
hazardous materials respons- , and technical rescue services to the public.
§ 10.5. Fire Chief,
The head of the Fire Department shall be the Fire Chief. He shall be a'pointed by the Cit
Manager with the concurrence of Council and shall be under the supervision of the Cit
Manager. The Fire Chief shall have r-s s onsibilitv and authority for all o s erational and
administrative decisions of the Fire Department. The Chief of the Fairfax Volunteer Fire
Department shall be known as the De• tv Chief of the Fire Des artment and shall be elected
from and b the membership of the Fairfax Volunteer Fire Department in accordance with its
corporate bylaws.
§ 10.4. (1966, c. 319; repealed 1984, c. 205)
§ 10.5. (1975, c. 93; repealed 1984, c. 205)
CHAPTER 11
LAW ENFORCEMENT
§ 11.1. (1966, c. 319; repealed 1975, c. 93)
§ 11.2. (1966, c. 319; repealed 1975, c. 93)
§ 11.3. (1966, c. 319; repealed 1975, c. 93)
§ 11.4. (1966, c. 319; 1972, c. 12; repealed 1975, c. 93)
§ 11.5. (1966, c. 319; repealed 1975, c. 93)
§ 11.6. (1966, c. 319; repealed 1975, c. 93)
§ 11.7. (1966, c. 319; repealed 1975, c. 93)
§ 11.8. (1966, c. 319; repealed 1975, c. 93)
§ 11.9. (1966, c. 319; repealed 1975, c. 93)
§ 11.10. (1966, c. 319; repealed 1975, c. 93)
§ 11.11. (1966, c. 319; 1971, c. 58; 1972, c. 12; repealed 1975, c. 93)
§ 11.12. (1966, c. 319; repealed 1975, c. 93)
CHAPTER 12
PUBLIC EDUCATION
§ 12.1. School District.
The City o x shall constitute a separate school district. (1966, c. 319)
§ 12.2. School Board.
(a)The School Board shall consist of five qualified voters of the City elected by popular vote at
large and who, at the time of their election, shall have resided in the itv for at least one ear
prior to their election. (b)The election of members of the School Board shall be held to coincide
with the election of the members of the City Council and Mayor. The terms of the members of
the School Board shall be the same as the terms of the members of the City Council and Mayor.
The School Board shall meet annually in July at which time the board shall fix the time for
holding regular meetings for the ensuing year, shall elect one of its members chairman, and, on
recommendation of the superintendent, shall elect or appoint a competent person as clerk of the
School Board, and shall fix his compensation. In the discretion of the School Board, the
superintendent may serve as clerk. The School Board shall conduct such other business, elect
such other officers and make such other appointments at the annual meeting as it may, in its
discretion, deem appropriate. (1966, c. 319; 1977, c. 274; 1989, c. 21, 116; 1994, c.130)
§ 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. (1966, c. 319)
§ 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
respective school boards may agree, provided the same do not conflict with the Constitution of
Virginia. (1966, c. 319)
§ 12.5. All recreation facilities and grounds located on property owned by the School Board
shall be under the exclusive control and supervision of the School Board, except as provided
b . ontr, tual rel, isnshis en -r-d in • . the chool Bo. • sr . oth-rwise r- auk-a b
applicable law. The title to property and buildings devoted to public school purposes shall be
in the School Board. (1966, c. 319)
§ 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.
(1966, c. 319)
§ 12.7. The terms "member of the School Board" and "School Board" shall 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. (1966, c. 319)
CHAPTER 13
MISCELLANEOUS PROVISIONS
§ 13.1. Enforcement of Surety Bonds.
The Council shall designate which City officers and employees shall be bonded and the amount
of such 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,
assistants or other subordinates, of the duties imposed on him by this Charter and all ordinances
passed in pursuance thereof. (1966, c. 319; 1984, c. 205)
§ 13.2. Reprinting of Charter After Amendment.
Within a reasonable 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. (1966, c. 319)
§ 13.3. 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.
(1966, c. 319)
§ 13.4. Courtroom for District Judge and Office Space for Constitutional
Officers.
It shall be the duty of the City to provide a suitable courtroom for the District Judge of the
City and suitable offices for the Commissioner of Revenue and the City Treasurer. (1966,
c. 319; 1984, c. 205)
§ 13.5. 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 complied with, and no officer shall fail or
refuse to act because the City has not filed or executed the bond that might otherwise be
required, and the City shall be bound to the same extent that it would have been bound had the
bond been given. (1966, c. 319)
§ 13.6. Code References.
All references in this Charter are to the Code of Virginia of 1950, as amended. (1966, c.
319)
§ 13.7. 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. (1966, c. 319)
§ 13.8. 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 obligations 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. (1966, c. 319)
r111■
§ 13.9. (1966, c. 319; repealed 1984, c. 205)
§ 13.10. 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 controversy in which said judgment,
order or decree shall have been rendered. (1966, c. 319)
§ 13.11. Gender.
Whenever the male gender or the pronoun "he" or "his" appears in the Charter, the same shall
equally apply to the female gender or "she" or "her." (1984, c. 205)
§ 13.12. Exemptions from City-Imposed Permit Charges and Application Fees. The Council,
by ordinance, may provide that organizations exempt from taxation pursuant to § 501 (c) (8)
and (19) of the Internal Revenue Code shall be exempt from the payment of permit charges and
application fees imposed by the City Code. (1992, c. 30)