Chap. 112.—An ACT to amend and re-enact an act approved March 30, 1875,
entitled an act to incorporate the town of Falls Church, in the county of
Fairfax, as amended by an act approved February 27, 1879, entitled an
act to amend and re-enact sections 3, 4, 5 and 6 of an act entitled an act
te incorporate the town of Falls Church, in the county of Fairfax, ap-
proved March 30, 1875, and as further amended by an act appreved March
4, 1890, entitled an act to amend section 7 of chapter 316 of the Acts of
Assembly, session of 1874-1875, entitled an act to incorporate the town
of Falls Church, in the county of Fairfax, and as further amended by an
act approved March 2, 1894.

Approved March 10, 1910.

1. Be it enacted by the general assembly of Virginia, That an act
approved March thirtieth, eighteen hundred and seventy-five, entitled
an act to incorporate the town of Falls Church, in the county of Fairfax,
as amended by an act approved February twenty-seventh, eighteen hun-
dred and seventy-nine, entitled an act to amend or re-enact the third,
fourth, fifth and sixth sections of an act to incorporate the town of Falls
@hurch, in the county of Fairfax, approved March thirtieth, eighteen
hundred and seventy-five, and as further amended by an act approved
March fourth, eighteen hundred and ninety, entitled an act to amend
section seven, chapter three hundred and sixteen of the acts of assembly,
session of eighteen hundred and seventy-four and eighteen hundred and
seventy-five, entitled an act to incorporate the town of Falls Church, in
the county of Fairfax, and as further amended by an act approved March
second, eighteen hundred and ninety-four, be, and the same is, amended
and re-enacted so as to read as follows, to-wit: .

§1. So much of the territories in the county of Fairfax and Alex-
andria, together with al] the improvements and appurtenances thereunto
belonging, as is contained in the following boundaries, to-wit: Beginning
at the corner of Alexandria and Fairfaix counties, on J. C. De Putron’s
farm; thence to the corner of J. D. Nicholson and W. S. Patten, in
Mistress Ellen Gordon’s line; thence to the corner of Sewell and L. S.
Abbott on the new cut road; thence to the corner of A. A. Freeman and
Mistress Henry J. England, on the Falls Church and Fairfax courthouse
road; then along the center of said road to center of bridge over Holmes
run; thence easterly in a straight line to the northwest corner of the
colored Methodist church, on the road leading to Anandale; thence
easterly to the crossing of the Alexandria and Georgetown road at Tay-
lor’s corner; thence along the north line of said Georgetown road to the
corner of T. M. Talbott and imma Taylor’s estate; thence to a pin oak
tree near Dr. L. E. Gott’s spring; thence to a stone on the property of
J. A. and Mistress J. H. C. Brown, formerly the northeast corner of
John Brown’s barn; thence to the crossing of Isaac Crossman’s and
Bowen’s line on the Chain Bridge road ; thence to the place of beginning,
is and shall continue forever to be a body politic and corporate, under
the name and style of the town of Falls Church, and shall possess and
exercise the rights and powers conferred on towns by the general law of
this State, and shall be subject to the restrictions and limitations im-
posed by said law, in so far as the provisions thereof are not in conflict
with the provisions of this act.

§2. Be it further enacted, That the government of said town shall be
vested in a mayor and six other electors, who shall constitute the council-
men of said town, except as hereinafter provided. On the second Tues-
day in June, nineteen hundred and ten, and every two years thereafter,
there shall be elected a mayor and three councilmen. On the second Tues-
dav in June, nineteen hundred and eleven, and every two years there-
after, there shall be elected three other councilmen. The terms of office of
the mayor and councilmen thus elected shall begin on the first day of
September succeeding their election, and shall continue for two years,
or until their successors are elected and qualified. Any person entitled
to vote in the magisterial districts of Falls Church, or Providence, in
Fairfax county, or in Washington or Arlington magisterial districts, in
Alexandria county, and residing in said corporation and duly registered
by the town clerk, shall be entitled to vote at all elections for councilmen.
The town clerk and two members of the council whose terms of office do
not expire with that year, and in the event there are not two councilmen
whose terms of office do not expire, the deficiency in the number of quali-
fied councilmen shall be supplied by appointment from the qualified
voters of the town, and who shall be designated by the mayor, shall con-
duct such elections between the hours of one o’clock post meridian and
sunset of the day thereof, and make returns of the result, with the ballots
sealed up, to the council at its first meeting thereafter, said returns to be
recorded in the record book of said council. The ballots shall be pre-
served by the clerk for a period of twelve months. Immediately after
the meeting of the council at which such return is made the mayor shall
issue certificates, countersigned by the clerk, to those elected. Tie votes
shall be decided by lot, and contests shall be decided as provided in
section one hundred and sixty of Pollard’s edition, nineteen hundred and
four, of the Code of Virginia; and

Whereas, the term of office for which six of the present members of the
council were elected does not expire until September first, nineteen hun-
dred and eleven, it is hereby provided that the number of councilmen of
said town shall remain at nine as at present, until the expiration of the
term of office of said six councilmen, or such time prior thereto as their
places may become vacant by death, resignation, or otherwise.

83. The council shall meet annually on the first day of September
succeeding their election, and, after qualification of the new members,
shall organize and elect by ballot from the voters of the corporation a
town sergeant and a town clerk. The council may appoint and fix the
compensation of policemen, and such other officers as may be necessary
to enforce the provisions of this charter. All officers shall qualify by
taking the oath of office before the clerk, or other officers, authorized to
administer oaths, and give such bond as the council shall require, and
shall hold their office until the first day of September succeeding their
election, and until their successors are elected and qualified. The council
shall serve without compensation, except for special and unusual services
for which they may be allowed such pay as the council may deem proper.
Four members of the cotncil shall constitute a quorum, and in the ab-
sence of the mayor may choose one of their number to act in his place.

The council shall judge of the election and qualification and returns
of its members; may fine them for disorderly behavior, and with the con-
currence of two-thirds expel a member. If any person returned be
adjudged disqualified, or be expelled, a new election to fill the vacancy
shall be held at the same place, on such day as the council may prescribe.
Any vacancy occurring otherwise during the term for which any of the
said persons have been elected may be filled by the council by the ap-
pointment of anyone eligible to the office.

A vacancy in the office of mayor may be filled by the council from the
electors of said town.

§4. The council shall have power to define and mark the boundaries of
the streets, lay out new streets, alleys and sidewalks; to provide for the
surveying, grading, paving, repairing, drainage, laying out, extending,
widening, opening, closing, straightening or relocating any street, side-
walk, alleys or sewer in said town, and may condemn or purchase the
right of way for any street, alley or sewer, which they may determine
should be opened for the public good; to provide for the removal of
nuisances; for the removal of obstructions of streets, lanes and alleys;
for the establishment of building lines and building regulations; to
regulate or prohibit animals from running at large; to license -the
ownership of dogs; impose a license tax on the owner of dogs, not to ex-
ceed two dollars for males, and five dollars for females, and to make pro-
vision for the killing of dogs whose owners fail to procure license and
pay the tax; to provide for order and quiet, and the observance of the
Sabbath ; to provide and protect shade trees; to establish and maintain a
fire department with suitable apparatus; to divide the corporation into
wards; to regulate in reference to the public health; to exercise the
powers of road commissioners over the roads and streets of the corpora-
tion ; to have control of all property belonging to the corporation ; to pass
ordinances to carry into effect the objects of this corporation, and punish
the violation thereof by fine and imprisonment; to, whenever they may
be satisfied that the public health, comfort or convenience requires it, con-
struct sidewalks, curbings, gutters and sewers along the streets, avenues,
roads and alleys of said town, charging not to exceed one-third the cost
of such construction of sidewalks and sewers upon each tract or piece of
abutting property to be benefited thereby, as provided bv section ten hun-
dred and forty-one-a of Pollard’s Code, bi-ennial, nineteen hundred and
eight, and shall enforce the collection of such special assessments as pro-
vided by section ten hundred and forty-one-a of Pollard’s Code, bi-ennial,
nineteen hundred and eight. For the purpose of condemning land for
street purposes the council shall have the jurisdiction and authority to
exercise it of courts, under chapter forty-three of the Code of Virginia
in the matter of the establishment and alteration of roads.

$5. The council] shall annually levy, assess and collect necessary taxes
for roads, streets, school and corporation purposes, on all property within
the corporation, which tax for all purposes, including schools, on any
property, shall not exceed sixty cents on one hundred dollars, except that
ona petition of two-thirds of the resident taxpayers within the corpora-
tion the council may levy a corporation tax not to exceed the amount
named in the petition. And except further, that the council, whenever
requested by the board of school trustees of the town, shall annually levy
an additional tax of ten cents on the one hundred dollars, to enable the
said board to establish and maintain a high school course in the public
school of said town, which school is now called “Jefferson Institute.”
No debts whatsoever shall be created except on a vote of two-thirds of
the resident freeholders of the corporation, and the council shall, upon
petition of one-fourth of the resident freeholders, order a special elec-
tion to be held to determine whether the debt petitioned for shall be
created, and said election shall be ordered by the council to be held within
thirty davs after the receipt of said petition, at least ten days’ notice of
such election being given by the council. No district school or road tax
shall be assessed upon the property within the corporation, except by the
council thereof.

86. The mayor shall preside over the council, but shall have no vote
except in case of a tie. He shall be the chief of police. He shall have
the authority and jurisdiction, both civil and criminal, within and in
criminal matters one mile beyond the corporate limits, and receive the
same fees as a justice of the peace of Fairfax and Alexandria counties.
In default of payment of any fine imposed by him he may commit the
offender to the lockup or to the county jail until said fine shall be paid,
with costs.

$?. The town clerk shal] be the custodian of the books and records of
the corporation, and shall record in a book to be kept for that purpose a
correct report of all proceedings of the council. He shall be the registrar
of all voters of the corporation, but shall register only such persons as
are registered in the county of Fairfax or the county of Alexandria. He
shall be the clerk of all elections held under this charter. IIe shall,
unless otherwise provided by the council, be the assessor of the corpora-
tion, and shall annually, prior to the first day of October of each year,
assess all lands, lots and personal property which has not been assessed
by the county assessor of lands, or by the commissioner of revenue as to
personal property. As such assessor he hall deduct for all property de-
troved or removed from the town under the same restrictions and in the
same manner as is prescribed in the duties of eounty assessor. But the
assessment or appraisement of all real estate and personal property shall
be the same as the last county and State assessment or appraisement
on all property, either real or personal, which has been assessed or ap-
praised by the said State or county assessor. Any improvements made
on any lands or lots since the last assessment made by the State or
county assessor adding value thereto shall be assessed by the said town
clerk upon a fair cash valuation. Al] returns of assessment of personal
property to the town clerk shall be made under oath; the said officer is
authorized to administer the required oath. He shall, unless otherwise
provided by the council, prescribe the form of blank to be used for said
purpose, and when such assessments of real and personal property are
completed, he shall give notice in such manner as the council shall pre-
scribe that the same is in his office for public inspection, and that the
council will examine, revise and correct the same, and that any taxpayer
aggrieved will be heard; the sessions for such purpose to terminate on
October thirtieth. Prior to the first day of November of each year the
town clerk shall make from his revised assessment tax bills against all
persons and corporations charged thereon, and on or before the tenth day
of November place them in the hands of the town sergeant for collection.
For his services as clerk he shall receive such compensation as may be
determined by the council.

§8. The town sergeant shall be the executive officer of the council,
and shall have the authority, jurisdiction and fees of a constable of Fair-
fax or Alexandria counties within the corporate limits in civil matters,
and in criminal matters one mile beyond the corporate limits. He shall,
unless otherwise provided, be the town treasurer, and as such shall collect
all taxes, fines and licenses and disburse the same upon the warrants of
the council, signed by the mayor and clerk, and for this purpose shall
have the power and authority of the county treasurer, and shall receive
for his compensation five per centum upon all sums collected by him.
Upon all taxes not collected prior to January first of each year he shall
add a penalty of five per centum, to be turned into the town treasury.
On the first day of August annually he shall return to the council, under
oath, a list of all delinquent taxpayers, and the council shall have full
power to make provision and arrange all details for the sale of land for
delinquent taxes, and also for the reoffering of Jand when not sold when
offered, and also power to reissue, and sergeant to levy for any old un-
paid delinquent tax bills. The sergeant shall also, unless otherwise pro-
vided by the council, be the overseer of roads and streets, and have the
same powers as overseers of roads under the special road laws of Fairfax
and Alexandria counties. For his services as overseer of roads, and for
any other services not herein defined, he shall receive such compensation
as the council shall allow.

§9. The corporation shall constitute a separate road district and a
separate school district. The school district shall be known as the town
of Falls Church school district. The council shall appoint school trus-
tees for the corporation in the manner provided by section fourteen hun-
dred and sixty-nine of the Code of Virginia, edition of eighteen hundred
and eighty-seven. No district school tax and no district road tax shall
be assessed and collected except by the council on any property within
the corporate limits. The roads within the corporate limits shall: be
under the general control of the council. The corporation, in so far as
the said territory is located in Fairfax county, shall be entitled to all the
benefits accruing to a road district and a school district under the laws
in force in that county; and in so far as the said territory is located in
Alexandria county, it shall be entitled to all the benefits accruing to a
road district, or a school district under the laws in force in that county.

$10. The fiscal year of the town shall begin on the first day of Sep-
tember of each year, and end with the thirty-first day of the ‘following
August. The town clerk, as town assessor, is authorized to assess and
tax for town purposes any and all property, real or personal, which was
within the town on or before the first day of September of the then fiscal
year.
$11. That any person applying to the county of Fairfax, or the
county of Alexandria for a license to sell liquors of any kind, either as
the keeping of an ordinary or eatinghouse, or as a merchant, within the
corporate limits of the town of Falls Church, in the said counties, or
within one mile beyond the limits of the said corporation, shall produce
before the courts or boards having control of the issuance of licenses for
the sale of liquor of said counties a certificate of said council of said town
to the effect that the applicant is a suitable person, and that no good
reason is known to said council why said license should not be granted.
And the courts of said counties, or boards, having authority shall not
grant the said license to sell liquor within the limits above prescribed
until and unless such a certificate be given. And under no circum-
stances and in no event whatever shall the sale of liquors be licensed in
any part of the corporation where license for the sale thereof has been
prohibited under the provisions of chapter twenty-five of the Code of
Virginia, known as the local option law.

§12. This act shall not operate to repeal any of the ordinances or
regulations in force in the corporation at the date of its passage, except
in so far as they may conflict with this act.

813. All acts and parts of acts in conflict with the provisions of this
act are hereby repealed: provided, however, that the present members of
the council and officers of the corporation shall continue in office in ac-
cordance with the provisions of the act hereby amended, until officers are
chosen and have qualified under the provisions of this act.

814. In view of the fact that the first election to be held under this
act is liable to take place before this act can become a law in regular
eourse, an emergency exists, and this act shall be in force from its-

passage.