Bill Text: VA SB238 | 2014 | Regular Session | Prefiled
Bill Title: Charter; City of Fairfax.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-04-06 - Governor: Acts of Assembly Chapter text (CHAP0689) [SB238 Detail]
Download: Virginia-2014-SB238-Prefiled.html
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14101841D Be it enacted by the General Assembly of Virginia: 1. That §2.3, §§2.4, 2.6, 2.7, and 3.1, as amended, §§3.2 and 3.3, §3.4, as amended, §3.7, §§3.8, 4.1, and 4.2, as amended, §4.3, §§ 5.2, 5.3, 5.5, and 5.6, as amended, §5.8, §§6.3, 7.2, 9.2, and 9.3, as amended, §§10.1 and 12.1, §12.2, as amended, and §§12.4, 12.5, and 12.6 of Chapter 319 of the Acts of Assembly of 1966 are amended and reenacted and that Chapter 319 of the Acts of Assembly of 1966 is amended by adding sections numbered 10.4:1 and 10.5:1 as follows: §2.3. The powers set forth in §2.4. Property assessments. (a) The (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 (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. §2.6. Contractual relationships. The City §2.7. Eminent domain. The powers of eminent domain set forth in Title 15.2, (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 (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. §3.1. Election of On the first Tuesday in May, 1972, and in every second year thereafter there shall be held a general city election at which shall be elected by the qualified voters of the City at large six members of the Council and a Mayor for terms of two years. 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. §3.2. Nomination of candidates. Candidates for the office of §3.3. Conduct of general municipal election. The ballots used in the election of §3.4. Vacancies in office of mayor or 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. §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 §3.8. Advisory referendum. The §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 (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 §4.3. Assistant registrars. Whenever, in the judgment of the §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 (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. §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 event of a tie, only when not expressly prohibited under the Constitution or general laws of the 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 §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 §5.6. Procedure for passing ordinances. Except in the case of zoning ordinances, the following procedure
shall be followed by the (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 (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 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. §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 §6.3. Duties. It shall be the duty of the City Manager to: (a) attend all
meetings of the Council with the right to speak but not to vote; (b) keep the
Council advised of the financial condition and the future needs of the City,
and of all matters pertaining to its proper administration, and make such
recommendations as may seem to him desirable; (c) prepare and submit the annual
budget to the Council as provided in chapter 6 of this Charter and be
responsible for its administration after its adoption; (d) §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 Chapter 9.
§9.2.
§9.3. 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 §10.1. Public safety functions; contracts for fire protection. The functions of public safety shall be performed by the Police 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 §10.4:1. Fire Department. The fire department shall consist of the City of Fairfax Fire Department and the Fairfax Volunteer Fire Department operating as one combined department and referred to as "the Fire Department." The Fire Department shall be made up of the Fire Chief and such other officers and employees of such ranks and grades as may be established by Council. The Fire Department shall be responsible for the protection of life and property from fire and injury through public education programs and the enforcement of applicable fire and building codes. Furthermore, the Fire Department shall provide emergency medical services, fire suppression, hazardous materials response, and technical rescue services to the public. §10.5:1. Fire Chief. The head of the Fire Department shall be the Fire Chief. He shall be appointed by the City Manager with the concurrence of Council and shall be under the supervision of the City Manager. The Fire Chief shall have responsibility and authority for all operational and administrative decisions of the Fire Department. The Chief of the Fairfax Volunteer Fire Department shall be known as the Deputy Chief of the Fire Department and shall be elected from and by the membership of the Fairfax Volunteer Fire Department in accordance with its corporate bylaws. §12.1. School district. The City §12.2. School board.
§12.4. The School Board by and with the consent of the §12.5. All recreation facilities and grounds located on
property owned by the School Board shall be under the §12.6. The School Board may borrow subject to the approval of
the 2. That §9.1 of Chapter 319 of the Acts of Assembly of 1966 is repealed.
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