Chap. 79.—An ACT to amend and re-enact an act entitled an act ‘to incorporate
- the town of Falls Church, in the county of Fairfax, approved March 30; 1875,
as heretofore amended... .. =: :' os — + + FAB 172)
an | Approved March 3, 1924. oo

1. Beit enacted by the gerieral assembly of Virginia, That ar 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 heretofore amended; be, and the same is, amended and
re-enacted so as to read as follows, to-wit: =~ ¢° . |
Section 1.’ So much of the territories in the county of Fairfax and
Arlington, together with all the improvements and appurtenances there-
unto belonging,’ ag is ‘contained in the following boundaries, to-wit:
Beginning at the cortier of Arlington and Fairfax 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; thence along the center of said road to center
of bridge over Holmes run; thence easterly in a straight line to the north-
west corner of the colored Methodist church, on the road leading to
Annandale; thence easterly to the crossing of the Alexandria and George-
town road at Taylor’s corner; thence along the north line of said George-
town road to the corner of T. M. Talbott and Emma 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 north-
east corner of John Brown’s barn; thence to the crossing of Isaac Cross-
man’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 imposed by said law, in so far as the provisions thereof are
not in conflict with the provisions of this act.

Section 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 of said town, except as hereinafter provided. On the second
Tuesday in June, nineteen hundred and twenty-four, and every two years
thereafter, there shall be elected a mayor and three members of the
council. On the second Tuesday in June, nineteen hundred and twenty-
five, and every two years thereafter, there shall be elected three other
members of the council. The terms of office of the mayor and members
of the council thus elected shall begin on the first day of September
succeeding their respective elections, and shall continue for two years,
or until their successors are elected and qualified. Any person entitled
to vote in Falls Church or Providence magisterial district, in Fairfax
county, or in Washington or Arlington magisterial district, in Arlington
county, and residing in said corperation and duly registered by the town
clerk, shall be entitled to vote at all municipal elections. The town
clerk and two members of the council whose terms of office do not
expire with the year, shall conduct such elections between the hours of
one o’clock post meridien and sunset of the day thereof, and shall make
returns of the result, with the ballots sealed, to the council at its first
meeting thereafter. In the event there are not two members of the
council whose terms of office do not so expire, the deficiency in the
number of qualified members of the council shall be supplied by appoint-
ment by the mayor from the qualified voters of the town. The return
of such elections shall be recorded in the record book of the town. The
ballots shall be preserved 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 by law.

Section 3. The council shall meet annually on the first. day of
September and, after qualification of the new members, shall organize
and elect by ballot from among the voters of the town a town clerk and
a town sergeant. All officers shall qualify by taking the oath of office
before the clerk, or other officer authorized to administer oaths, shall
give such bond as the council may require, and shall hold their respective
offices until the first day of September succeeding their election, or until
their successors are elected and qualified. Members of the council shall
serve without compensation, except for special and unusual services for
which they may be allowed such pay as the council may determine.
Four members of the council 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 be the judge of the election and qualification and
returns of its members; may fine them for disorderly conduct, and with
the concurrence of two-thirds may expel a member. If any person re-
turned be adjudged disqualified, or be expelled, a new election to fill the
vacancy thus created shall be held within thirty (30) days on such day
as the council may prescribe, or not less than ten (10) days’ notice. Any
vacancy occurring otherwise during the term for which any of the said
members of the council have been elected may be filled by the council
by the appointment of any person eligible to the office.

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

Section 4. The council shall have power to define and mark the
boundaries of streets, lay out new streets, alleys, lanes, and sidewalks;
to provide for surveying, grading, paving, repairing, draining, laying out,
extending, widening, opening, closing, straightening, or relocating any
street, sidewalk, alley, lane, or sewer in said town; and may condemn
or purchase the right of way for streets, alleys, lanes, or sewers, which
it may determine to be necessary for the public good; to provide for the
removal of nuisances; to provide for the removal of obstructions of
streets, lanes, and alleys; and of the establishment of building lines and
building regulations; to prohibit animals from running at large; to license
the ownership of dogs; to impose a license tax on the owners of dogs, and
to make provision for the killing of dogs whose owners fail to procure
license and pay the tax; to provide for order and quiet, and the obser-
vance of the Sabbath; to provide and protect shade trees; to establish,
equip, and maintain a fire department; to divide the corporation into
wards; to prescribe regulations in reference to the public health; to
exercise the powers of road commissioners over the roads and streets of
the town; to have control of all property belonging to the town; to pass
all ordinances necessary and proper to carry into effect the objects of
this charter; and to punish the violation of such ordinances by fine or
imprisonment or both; to appoint and fix the compensation of police-
men and such other officers as may be necessary to enforce the provisions
of this charter; and, whenever it may be satisfied that the public health,
comfort or convenience requires it, construct sidewalks, curbings, gut-
ters, 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 by law, and shall enforce the collec-
tion of such special assessments as provided by law. For the purpose
of condemning rights of way for streets, alleys, or lanes, the council
shall have the jurisdiction and authority to exercise it of courts in the
matter of establishment and alteration of roads.
Section'5. The council shall annually levy, assess, and collect neces-
sary taxes for roads, streets, schools, and corporate purposes, on all
property, within the town, which tax for all purposes, including schools
and excepting amounts necessary to pay interest, principal, or sinking
fund of any bonded indebtedness of the town, shall not exceed one dol-
lar and forty cents on each one hundred dollars of assessed valuation,
except that on petition of two-thirds of the resident taxpayers within
the town the council may levy a special corporation tax for the purpose
and not to exceed the amount named in the petition.

No indebtedness shall be created beyond the ability of the council
to pay within one year from its ordinary or special revenue or resources,
except in the following manner, namely: - OO ,

First. There shall be presented to the council a petition signed by
at least one-fourth of the bona fide resident freeholders of the town,
male or female, twenty-one years of age or over, which petition shall
request the council to order a special election to determine whether such
indebtedness shall be created.

' Second.’ Upon receipt’ of such petition the council shall order a
special election, to be held within thirty days, to determine whether
such indebtedness shall be créated, and ‘at least’ twenty days’ notice of
such election shall be given by the council, and the purpose and the
amount of said proposed indebtedness shalt be ‘stated in said notice,
at. which special election only the bona fide’ resident. freeholders, at the
date of said notice, twenty-oné years of age or over male or, female,
shall be ‘entitled to vote. If a majority of those voting shall vote in
favor of such 'indebtedness' (provided, that no such eledtiqn shall be
valid unless at least fifty (50) per'centum cf the bona fide resident free-
holders, as described ‘above, shall have participated therein) the council
shall within thirty days ‘prd¢eed in the mannef prescribed by law.
"For the puirp6se of such eléction thé bona fide resident freeholders
of the ‘town on the date’of notice of such election twenty-one (21) years
of sige or ‘over, shall be ‘deterrhined in the following mannér: “At least
twenty days prior'to such election the council shal! ascertain and record
onan official list the’ names of’all such freeHolders’ and’ shall’ publish
forthwith such’ list’ by' posting copies thereof in ‘at least three public
places in the towh. On such posted copies noticé shall be given of the
time aid place of a meeting of the council (to be held not less than seven
nor more than ten days’ before such election) for the purpose of correct-
ing said official list, and at such méeting or any adjournment thereof the
council shail make such additions or éliminations or both as ascertained
facts shall require. ‘The Official ‘list as thus corrected shall constitute
the final and authoritative determination of the persons qualified to
vote at such freeholders’ election’ © = 7 a

~ Section 6. The mayor ‘shall preside over mectings of the council,
but shall have no vote except in casé ofa 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 shall receive the same fees as Justices of the peace. In de-
fault of payment of any fine imposed by him he may commit the offender
to the town jail or to the county jail df'the county in which the offense
was committed, until said fine shall bé paid’ with costs.
Section 7. The town clerk shall be the custodian of the books and
records of the town and shall preserve and deliver them to his successor,
and shall record in a book to be kept for that purpose a correct report of
all proceedings of the council, which shall be a part of the records of the:
town. He shall be the registrar of all voters of the town, but shall
register only such persons as are registered in the county of Fairfax or
the county of Arlington. He shall be clerk of all elections held under
this charter. He shall, unless otherwise provided by the council, be
the assessor of the corporation, and shall annually, prior to the first
day of October of each year, assess all real and personal property within
the town before the first day of September of the then fiscal year and
which has not been assessed by the county assessor of real property, or
by the commissioner of revenue as to personal property. As such as-.
sessor he shall deduct for all property destroyed or removed from the
town, under the same restrictions and in the same manner as prescribed
in the duties of the county assessor. The assessment or appraisement
of all real and personal property shall be identical with the last prior
county and State assessment or appraisement. on such property which
has been assessed or appraised by the said State or county assessor.
Any improvements made on and adding value to any land since the last
prior assessment made by the State or county assessor shall be assessed.
by the said town clerk upon a fair cash valuation comparable to other
assessed valuations. All returns of assessment of personal property
shall be made under oath to the. town clerk, who is authorized to ad-
minister such oath. He shall, unless otherwise provided by the council,
prescribe the form of blank to be used for. said return, and when such
assessment of real and personal property are completed, he shall give
notice in such manner as the council shall prescribe that the same are
in his office for public inspection, and that the council will examine,
revise, and correct the same, and that any taxpayer aggrieved may be
heard; the session for such purpose shall terminate on the twentieth
(20th) day of October, 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 shall deliver them to the town treasurer for
collection. For his services as town clerk he shall receive such compen-
sation as may be determined by the council. He shall, unless otherwise
provided, be the town treasurer, and as such shall disburse all funds of
the town on warrants of the council signed by the mayor and counter-
signed by the town clerk.

Section 8. The town sergeant shall have the authority, jurisdiction,
and fees of a constable of Fairfax or Arlington county within the cor-
porate limits in civil matters, and in criminal matters one mile beyond
the corporate limits. The town sergeant, unless otherwise provided,
shall collect all taxes, fines, levies, and penalties and turn them over to
the town treasurer and receive his receipt therefor. He shall receive
such compensation as shall be fixed by the council. Upon all taxes not
collected prior to the first day of January of each year there shall be
added a penalty of one per centum on the first day of each succeeding
month until payment of said taxes and accrued penalties, which shall
be turned into the town treasury. On the thirtieth day of June annually
the town treasurer shall return to the council, under oath, a list of all
delinquent taxpayers, and the council shall have power to make pro-
visions and arrange all details for the sale of land for delinquent taxes,
and also for the reoffering of land when not sold for delinquent taxes,
and also power to reissue, and the town sergeant shall levy for any de-
linquent tax bills. The town 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 Arlington counties.

Section 9. The town 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 trustees for the town in the manner provided by law. No dis-
trict school tax and no district road tax on any property within the
corporate limits shall be assessed or collected except by the council.
The roads within the corporate limits shall be under the general control
of the council. The town, in so far as it is located in Fairfax county,
shall be entitled to all the benefits accruing to a road district and school
district under the laws in force in that county; and in so far as the town
is located in Arlington county, it shall be entitled to all the benefits ac-
cruing to a road district or a school district under the laws in force in
that county.

Section 10. The fiscal year of the town shall begin on the first day
of July of each year, and shall end with the thirtieth day of the June of
the succeeding year.

Section 11. That any person applying to the county of Fairfax, or
the county of Arlington, for a license to sell liquors, of any kind, either
as the keeper of an ordinary or eating house, or as a merchant, within
the corporate limits of the towns of Falls Church, in said counties, or
within one mile beyond the limits of the said corporation, shall produce
before the courts or boards 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
circumstances and in no event whatever shall the sale of liquors be
licensed in any part of the town where license of the sale thereof has
been prohibited by law.

2. Anemergency existing, this act shall be in force from its passage.