Chap. 476.—An ACT to amend and re-enact an act entitled an act to incorporate
the town of Fairfax, in the county of Fairfax, approved February 16, 1892,
as amended and re-enacted by an act approved March 14, 1908 (which latter
act amended and re-enacted sections 2, 3, 4, 5, 7, 8, 10, 11 and 12, and added
to the original sections 13, 14, 15, and 16). [S B 327]

Approved March 24, 1920.

Be it enacted by the general assembly of Virginia, That an ac
entitled an act to incorporate the town of Fairfax in the county o!
Fairfax, approved February 16, 1892, as amended and re-enacted by ar

act approved March 14, 1908 (which latter act amended and re-enactec
sections 2, 3, 4, 5, 7, 8, 10, 11, 12 and added to the original section:
13, 14, 15 and 16), be amended and re-enacted so as to read as follows

1. That the territory in the county of Fairfax within the follow
ing named boundaries is hereby constituted a body politic and corporat
under the name of the town of Fairfax: Beginning on the road fron
Fairfax courthouse to Fairfax station at the corner of the lands 0:
Robert Hunter and the late H. W. Thomas; thence with the lines 0!
the Thomas land so as to include all of that tract of the land of A. J
Sager; thence with the lines of the Sager land so as to include all ot!
that tract to the land of M. A. Austin; thence with the lines of the
Austin land so as to include all of that tract; thence crossing the
Little river turnpike road to the land of George R. Brandon; thence
with the lines of the Brandon land so as to include all of that tract to
the land of F. W. Richardson; thence with the lines of the Richardson
land so as to include all of that tract to the land of R. R. Farr; thence
with the lines of the Farr land so as to include all of that tract; thence
crossing the road from Fairfax courthouse to Fall’s church to the
land of Sally B. Love; thence with the lines of the Love land so as
to include all of that tract to the land of J. R. Jones; thence with
the lines of the Jones land so as to include all of that tract to the land
of D. M. Chichester; thence with the lines of the Chichester land so
as to include all of that tract to the land of John Ellis; thence with
the lines of the Ellis land so as to include all of that tract to the land
of Alice Bond; thence with the lines of the Bond land so as to include
all of that tract to the land of W. T. Rumsey; thence with the lines
of the Rumsey land so as to include all of that tract to the land of
B. Canfield ; thence with the lines of the Canfield land so as to include
all of that tract; and thence by a line including lots of Henry Neal
and Chambers, and crossing the first-mentioned road to the place of
beginning.

The said territory shall constitute one of the road districts and
one of the school districts of said county.

The said town shall be subject to the provisions of the statutes made
for the government of towns except in so far as the same may he
in conflict with the provisions of this act.

2. (a) The government of the said town shall be vested in a
town council, which shall be composed of a mayor and six councilmen,
each of whom shall be a qualified voter and a freeholder within the
said town, provided, however, that any qualified voter, whose wife is a
freeholder within the town, shall be eligible to the office of mayor or
councilman.

(b) The mayor and six councilmen shall be elected on the second
Tuesday in June, 1920, and every two years thereafter, and shall hold
office for two years from the first day of September next succeeding
their election.

(c) The officers aforesaid shall qualify by taking the necessary
oaths of office on or before the first day of September next succeeding
the election,’and shall enter upon the duties of their office on the first
day of September, next succeeding their election, and shall continue
in office until their successors have qualified.

(d) The council shall appoint a clerk and a town sergeant, and
if they deem it advisable a deputy town sergeant and also a town
treasurer, and such other officers as the council may deem necessary
and proper, all of whom shall hold office at and during the pleasure of
the council, and the said officers shall qualify and execute bond in the
manner prescribed by resolution of the council, and the council shall
have power to fill the vacancy in any of these offices created by death,
resignation, removal or otherwise. The same person may be appointed
town sergeant and town treasurer.

(e) The town council or, should the town council fail to act, the
mayor, shall, not less than five days before any town election, appoint
three judges ‘of election who shall also act as commissioners of election,
and should any judge fail or decline to act, the mayor or town council
may fill such vacancy either on or before the day of election.

(f) The registrar (town clerk) shall, before any election in the
town, register all voters who shall have acquired a legal voting resi-
dence in the town, and who shall have previously registered or are
entitled to register, as voters in this State, under the provisions of
the present Constitution and none others, provided, however, that no
person shall be required to register a second time to enable him to
vote in any town election.

(g) The said registrar shall be governed, as to his qualifications
and powers and in the performance of his duties, by the general laws
of this Commonwealth, so far as the same may be applicable and not
contrary to the provisions of this act.

(h) Such list of registered voters shall be placed by the registrar
in the hands of the judges of election, who shall at the time and in
the manner prescribed by law, open a poll at the place designated
by the proper authority ; and the manner of receiving the ballots and
canvassing the votes, shall be in accordance with the provisions of this
act, and such regulations as the town council may from time to time
provide.

(1) Any person who intends to be a candidate for any town office
shall at least ten days before such election notify the mayor or town
clerk in writing, attested by two witnesses, of such intention, designat-
ing the office for which he is a candidate. No person, not announcing
his candidacy as above provided, shall have his name printed or type-
written on the ballots provided for such election.

(j) The town council shall provide printed or typewritten ballots
for use in all town elections, and such ballots shall contain the names
of all candidates for office in such town elections, who shall have
given written notice hereinbefore provided for; but any voter may
erase any name or names in the ballot voted by him, and insert
another or others therefor, but no other ballot shall be used in any
election than such as are provided by the town council.

(k) The election shall close at sunset of the day thereof, and
the judges. shall count the ballots and make duplicate returns of the
result. One of the said returns, with the ballots sealed up, shall be
returned to the mayor or council, and recorded in the record books of
said council; the other shall be returned to the clerk’s office of the
circuit court of Fairfax county. The mayor shall issue to those elected
certificates of election which shall be countersigned by the town clerk.
Tie vote shall be decided by lot, and contests shall be tried and finally
determined by the mayor, pursuant to such regulations as the town
council may adopt.
(1) The town council shall, except as above provided, judge cf
election, qualification and returns of its members; may fine them for
disorderly behavior, and may, with the concurrence of two-thirds of
all members elected, and after due notice, expel a member.

(m) There shall be an annual meeting of the town council on the
first Tuesday of September in each year, at which time the town ser-
geant and the treasurer shall make their annual settlements with the
council, and at the annual meeting next succeeding a town election
the new council shall organize and elect a town clerk, a town sergeant,
a deputy town sergeant, if they deem it advisable, a town treasurer. a
school trustee or trustees, and such other officers as the town council
may deem necessary or proper.

(n) There shall be such other regular and special meetings of
the town council, as the by-laws may prescribe, and at all meetings.
four members of the council, of whom the mayor shall be one, shall
constitute a quorum for the transaction of all business.

3. The officers appointed by the town council shall receive such
compensation as may be allowed by the council, except as may other-
wise be provided in this act, but neither the mayor nor any member
of the council, except as may be otherwise provided in this act, shall
receive any compensation except for special service, upon the recorded
affirmative vote of at least four members of the council, and in no
case shall the interested official be entitled to a vote in the matter of
such compensation.

4. The council shall have power to define and mark the boundaries
of streets; to lay out new streets, alleys and sidewalks; to provide for
order and quiet and the observance of the Sabbath; to plant and pro-
tect shade trees; to make regulations in respect to public health; to
abate nuisances, and, to this end, confer on the mayor and town ser-
geant all necessary authority and jurisdiction; to regulate and prohibit
the running at large of animals; to exercise the power of road com-
missioners over the roads and streets within the corporation; to assess.
levy and collect taxes on all property of every character and descrip-
tion within the corporation; to grant franchises within the corporation,
and to pass all ordinances that may be deemed necessary or proper
to carry into effect the objects of the incorporation and promote the
general welfare of the town and to punish their violation by fine or
imprisonment or both, and shall have power to exercise all other
powers which may not be herein expressly named, granted to incorpo-
rated towns under the general laws of the State.

5. The mayor shall preside over the council, but shall have no
vote, except in case of a tie, or where his vote will be decisive.

He shall have the authority and jurisdiction of and receive the
same fees as a justice of the peace. His jurisdiction in criminal matters
shall extend one mile bevond the corporate limits. In the absence or
the mayor from the town, he shall before leaving designate some
member of the town council to act as mayor during his absence, but in
case he should fail to designate, the council shall have authority to
clect a mayor pro tempore during his absence, and in case of dis-
ability of the mavor to perform the duties of his office, the council
shall have like power to elect a mayor pro tempore during the period
of his disability. In any case where the mayor for any reason deems
it improper for him to appear in a case, he may designate some mem-
ber of the town council or some justice of the peace of Providence
magisterial district of Fairfax county to act in his place, and the
official action of such councilman or justice of the peace so designated
shall have like validity as 1f done by the mayor. He may also asso-
ciate with him in the trial of any case any member or members of
the town council, but his opinion shall prevail, unless a majority of
those sitting in the case be of a contrary opinion, in which event the
opinion of the majority shall prevail. He shall have power to call a
special meeting of the town council at any time, and his official state-
ment, signed by him, recorded in the minutes of the council as to the
time and manner of calling the meeting shall be conclusive that the
meeting was duly and regularly called in the manner and at the time
and place mentioned in his statement. He shall have the right to
approve or veto the franchises granted by the town council, but the
council by a recorded vote of two-thirds of all of its members shall
have the right to grant a franchise over his veto.

6. -The town clerk shall be the custodian of the books and records.

He shall make and keep an accurate report of all council proceedings ;
shall prepare the tax tickets; shall be registrar of voters and clerk of
elections, and discharge such other duties as the council may assign
him.
7. The town sergeant shall be the executive officer of the town
council, and shall, besides discharging such other duties as the council
may assign him, have and exercise the authority of and receive the
same fees as a constable, unless otherwise ordered, within the corpora-
tion, and he may receive such other compensation as the council may
allow him. He shall collect and pay over to the treasurer of the town
all fines. The deputy town sergeant may also receive the same fees
as a constable within the corporation, unless otherwise ordered, and
such other compensation as the council may allow.

8. The treasurer of the town shall receive all fines paid over tc
him by the town sergeant, anv license fees or franchise fees, anc
shall collect all taxes due to the town, either for current or past vears
and shall disburse all moneys collected by him upon the warrant o!
the town council signed by the mayor and town clerk, or upon the
warrant of the board of school trustees for the town, signed by the
chairman and clerk of said board, and within the corporation the
said treasurer of the town shall have the same powers as the county
treasurer. As his compensation for collecting the said revenue, he
shall receive five per centum of the amount of fines received or taxe:
collected. For special services he shall receive such compensation a
the council may allow him.

9. No district school tax or district road tax or corporation tay
shall be levied upon the property within the corporate limits of th
town except by the town council, which shall annually assess, levy
and collect all necessary taxes for roads and streets, schools and othe
corporate purposes, on all property within the corporation, which tax
for schools shall not exceed thirty-five cents on the one hundred dol-
lars ($100.00) valuation, and for roads and streets and other corpora-
tion purposes shall not exceed forty cents on the one hundred dollars
($100.00) valuation, but upon the petition of two-thirds of the resi-
dent tax payers within the corporation, the town council may levy an
additional tax for roads and streets or schools or other corporation
purposes, not to exceed the amount named in said petition, except that
the rate on intangible property shall be as fixed by the general law
and except also that the school tax levies, together with the county
school tax levied by the board of supervisors, shall not exceed the
constitutional limitation of fifty cents on the one hundred dollars
valuation.

The assessment or appraisement for the taxation of real estate
shall be the same as last county and State assessment or appraisement.
provided that any real estate, not assessed by the county or State, and
all improvements made, adding value to any real estate since the last
county or State assessment or appraisement, shall be assessed upon a
fair cash valuation of the assessor, who shall be elected by the council.
and he shall make proper deduction for all property destroyed since
the last State or county assessment. In making assessment of personal
property, said assessor shall follow the last State or county assessment.
where there has been such assessment made, but in case where no
assessment has been made, by the county or State, he is empowerd
to administer an oath to any person or persons and thereupon inter-
rogate them upon oath in order to arrive at proper returns or valua-
tions as a basis for assessment. The assessment shall be made as
soon as practicable after the assessment for the ‘current year for the
county and State has been made, and as soon as the assessment 1s
completed the tax tickets shall be made out and shall be forthwith
placed in the hands of the treasurer of the town for collection. All
taxes shall be due and payable on the first day of December in each
year, and a penalty of five per cent shall be added to all tax bills not
paid on or before the first day of the next succeeding February.

At the annual meeting of the council held on the first Monday in
September of each year, the town treasurer shall return a statement
of delinquents and shall make his annual settlement with the town
council and he shall also, whenever requested by the council, make a
full report of all receipts and disbursements showing the amount of
funds in his hands to the credit of the school fund and likewise to the
credit of the road and general corporation fund. The council shall
have power to provide for sale or rental of any real estate so delin-
quent and shall have all the powers, rights and remedies possessed
by the State and county for the collection of unpaid and delinquent
taxes.

10. The corporation shall have the use of the county jail, whose
jailor shall receive and keep all persons duly committed by the proper
officers of the corporation, and he shall be paid for the board of such
prisoners from the State treasury at like rates as other prisoners and
in the same manner. The mayor and town council shall have the
use of the county court house as their town house, for the transaction
of official business, when the same is not otherwise occupied and used
by the circuit court judge, the board of supervisors, or for other county
purposes, which privilege shall in no manner lessen the authority and
control over the said court house building, as by law established, by
the said circuit court and board of supervisors. The mayor and town
council shall, with the consent of the board of supervisors, have the
use of the old clerk’s office building for the transaction of official
business, but nothing said in this section shall be construed as pre-
venting the council from holding its meetings, regular or special, at
any other place or places as they may by resolution provide.

11. All schools or school property within the corporation shall
be under the authority and control of a board of three school trustees
who shall in all cases be elected by ballot by the town council. At its
annual meeting on the first Tuesday in September, nineteen hun-
dred and twenty, the council shall elect the school trustee whose elec-
tion is due at that time, and shall at each annual meeting thereafter
elect one of the school trustees, the term of office of such school
trustees to be for a period of three years. The council may at any
time fill a vacancy in the office of school trustee.

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

13. 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 town council, and other officers of the corporation,
shall continue in office until the first day of September, nineteen hun-
dred and twenty, or until their successors have qualified.

14. The town shall be subject to the general laws of this State
in so far as the same are applicable thereto and are not contrary to the
provisions of this act.

15. This act, being an emergency act, shall be in force from its
passage. -