Chap. 191.—An ACT to amend and re-enact sections 1 and 2 of the charter of
the town of Fairfax as originally enacted by chapter 282 of the acts of as-
sembly of 1892, and last amended by chapter 476 of the acts of assembly of
1920 and to provide for a referendum on the question of the adoption of
said amendments. [H B 315]

Approved March 21, 1930

1. Be it enacted by the general assembly of Virginia, That sections
one and two of the charter of the town of Fairfax, as originally en-
acted by chapter two hundred and eighty-two of the acts of assembly
of eighteen hundred and ninety-two, and last amended by chapter four
hundred and seventy-six of the acts of assembly of nineteen hundred
and twenty, be amended and re-enacted so as to read as follows:

Section 1 (a). That the territory in the county of Fairfax within
the following named boundaries is hereby constituted a body politic
and corporate under the name of the town of Fairfax: Beginning on
the road from Fairfax courthouse to Fairfax station at the corner of
the lands of Robert Hunter and the late H. W. Thomas; thence with
the lines of 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 of 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 cross-
ing 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
be in conflict with the provisions of this act.

(b) That said town boundaries be divided into four wards, by
the intersection of the center lines of the Little river turnpike with the
road running from Fairfax station to the town of Vienna. The north-
westerly subdivision thus formed being designated as the first ward and
comprising the following area: all lands within the corporate limits
of said town lying west of the center line of the Fairfax station and
Vienna road and north of the center line of the Little river turnpike;
the northeasterly subdivision thus formed being designated as the
second ward and comprising the following area: all lands within the
corporate limits of said town lying east of the center line of the Fairfax
station and Vienna road and north of the center line of the Little river
turnpike; the southeasterly subdivision thus formed being designated
as the third ward and comprising the following area: all lands within
the corporate limits of said town lying south of the center line of the
Little river turnpike and east of the center line of the Fairfax station
and Vienna road; the southwesterly subdivision thus formed being
designated as the fourth ward and comprising the following area:
all lands within the corporate limits of said town lying west of the
center line of the Fairfax station and Vienna road and south of the
center line of the Little river turnpike.

Section 2. (a) The government of the said town shall be vested
in a town council, which shall be composed of a mayor and one council-

aan to be elected by the voters at large and four councilmen, one
for each ward, to be a resident of the ward for which he is elected,
to be elected separately by the voters residing in the ward for which
the councilman is elected, each of which, the mayor and five council-
men shall be qualified voters within the said town.

(b) The mayor and five councilmen shall be elected on the second
Tuesday in June, nineteen hundred and thirty, and every two years
thereafter, and shall hold office for two years from the first day of
September next succeeding their election, and further, that the mayor
and five councilmen shall be elected under and by the election laws now
governing the State of Virginia.

(c) The officers aforesaid shall qualify by taking the necessary
oaths of office on or before the first day of September next succeed-
ing the election, and shall enter upon the duties of their office on the
first day of September, next succeeding their election, and shall con-
tinue 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, ap-
point 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 ot 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 con-
trarv 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 canvass-
ing the votes, shall be in accordance with the provisions of this act,
and such regulations as the town council may from time to time pro-
vide.

(i) 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, des-
ignating the office for which he is a candidate. No person, not an-
nouncing his candidacy as above provided, shall have his name printed
or typewritten on the ballots provided for such election.

(7) 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 of
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
sergeant 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
1930] ACTS OF ASSEMBLY 521

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 may be one, shall constt-
tute a quorum for the transaction of all business.

2. The provisions of this act shall not be, or become operative
unless and until the same be approved by a majority of the qualified
voters of the town of Fairfax, at a special election to be held for the
purpose, on a day to be fixed by the present council of the town, by
resolution adopted by a majority of all the members thereof, by a
recorded yea and nay vote, provided such day be not less than thirty
days after the effective date of this act.

Such election shall be superintended and held; the returns thereof
made; the votes canvassed; the result ascertained and made known, and
all other things in connection therewith, done, in accordance with the
general laws concerning special elections.

The ballots to be used in said election shall have printed on them
the words “for charter amendment” and “against charter amendment.”

The result of said election shall be entered on the minute book of
the council, and if it be in favor of the said amendments, the charter of
the town, as amended by this act shall thereupon become and be in full
force and effect.

3. An emergency existing, this act shall be in force from its
passage. |

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