Chap. 376.—An ACT to provide a new charter for the town of Herndon, in
the county of Fairfax, and to repeal an act entitled “An act to incorporate
the town of Herndon, in the county of Fairfax”, approved January 14,
1879, and all acts amendatory thereof. [H B 551]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia as follows:

Section 1. The town of Herndon, in Virginia, in the county of
Fairfax, shall continue to be a town corporate, in the name and style
of the town of Herndon, and as such shall have and may exercise the
powers and privileges hereinafter set forth, and all powers and privi-
leges conferred upon it by this charter and which are now, or may be
hereafter delegated to towns in accordance with the Constitution and
laws of the Commonwealth of Virginia, as fully and completely as
though such powers were specifically enumerated herein, and no enu-
meration of particular powers by this charter shall be held to be ex
clusive. !

Section 2. The corporate limits of the town of Herndon, a:
heretofore established, and unless and until changed in the manne
prescribed by law, are hereby re-established as follows:

Beginning at the southwest corner of William Urich’s farm, o1
the county road, and running thence southeasterly on the line betweer
Urich and Coleman; also, on the line between Williams and Webste1
farm, and across the land of C. H. Bliss to the Thornton tract ; thence
with the Thornton line between Bliss and Thornton, Saul and Thorn.
ton, J. H. Baker and Thornton, to the corner of the Gunnell farm.
thence between J. H. Baker and Gunnell to the corner of Mistress
Milly Baker’s land; thence along Vandeusen’s line northwesterly tc
Folly Lick; thence up Folly Lick to the southeast corner of Horace
Paine’s land; thence northwesterly between Paine and Orrison and
Paine and Carper, to the line of Loudoun county, thence westerly
with the Loudoun county line to a point in the line with the north-
westerly line of Benjamin Caywood’s farm; thence southwesterly on
a line of Caywood to the southwest corner of Laonhardt’s farm; thence
southeasterly with the Laonhardt’s line to the county road; thence
to the place of beginning. |

Section 3. Powers of the town of Herndon—The town of Hern-
don, in addition to the powers mentioned in section one hereof, shall
have the following powers and privileges, to the extent that they, or
any of them, may not be prohibited by the Constitution or the general
laws of the Commonwealth of Virginia:

First: To provide for the fiscal year, which shall begin on the first
day of July and end on the thirtieth day of June, unless and until
changed by ordinance.

Second: To raise annually, by taxes and assessments in said town,
such sums of money, in such manner as the council thereof shall deem
1ecessary or expedient for the use, benefit and purposes of said town,
n accordance with the Constitution of the United States, the Constitu-
ion of Virginia and the laws of the Commonwealth of Virginia.

Third. To fix or set, levy and collect taxes and assessments on
ersons and property; and to impose special or local assessments for
ocal improvements and to enforce payment thereof, subject to such
imitations prescribed by the Constitution and laws of Virginia as
nay be in force at the time of the imposition of such special or local
ssessments.

Fourth. To impose, fix or set, levy and collect a license tax, fee
rr assessment for the conduct, maintenance or operation of privileges,
musements, business, professions, occupations or callings; to issue
_ license or permit and collect charges, or fees therefor and to pro-
ate license fees or charges for the unexpired portion of the fiscal
ear.

Fifth. To incur liabilities or debts, make contracts. borrow money.
and execute or issue evidences of indebtedness and have a common
seal.
Sixth. To expend the money of the town for all lawful purposes.

Seventh. To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein, within or
without the town, for the use and benefit thereof; and to hold, 1m-
prove, sell, lease, mortgage the same or any part thereof, including
any property now owned by the town.

Eighth. To construct, maintain, regulate or operate public im-
provements of all kinds, including municipal and other buildings,
grounds and structures necessary or appropriate for the use and
proper operation of all the various departments of the town.

Ninth. To own, operate and maintain water works and to ac-
quire in any lawful manner, in any county of the State or from the
United States government such water, lands, property rights and
riparian rights as the council of said town may deem necessary for
the purpose of providing an adequate water supply to said town and
of piping or conducting the same; to lay all necessary mains and service
lines, within or without the corporate limits of said town; to erect
and maintain all necessary dams, pumping stations and other works
in connection therewith; to make reasonable rules and regulations for
promoting the purity of its water supply, and for protecting the same
from pollution and for this purpose to exercise full police powers
and sanitary patrol over all lands comprised within the limits of the
water shed tributary to any such water supply, wherever such lands
may be located within this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations and to
prevent by injunction any pollution or threatened pollution of such
water supply, and any and all acts likely to impair the purity thereof ;
and to carry out the powers herein granted, the said town may exer-
cise within the State all powers of eminent domain provided by the
laws of this State. , : ,

Tenth. To acquire, construct, own, operate or maintain electric
light or gas works, either within or without the corporate limits of
said town, and to supply gas or electricity whether the same be gen-
erated or purchased by the town, to the customers or consumers, both
within and without the corporate limits of said town, at such price
and upon such terms as may be prescribed and to that end, it may
contract to purchase electricity or gas from the owners thereof upon
such terms as it may deem necessary or expedient.

Eleventh. To establish, impose and enforce the collection of
water, light, gas and sewerage rates, and rates and charges for other
services, products, or conveniences operated or furnished by the town ;
and the said council may prescribe a different rate to be paid for such
services and conveniences rendered to users or customers without the
corporate limits of said town. _

Twelfth. To establish, enter, open, widen, extend, grade, con-
struct, maintain, light, sprinkle or clean public streets, highways, al-
leys, parkways or parks or to alter or close the same; to regulate the
weight of loads to be hauled or carried over or upon the streets; to
regulate the use of all such highways, parks, streets, alleys, parkways
and public places; to prevent the obstruction, destruction or injury to
any of such streets, alleys or highways; to require any railroad com-
pany operating a railroad at the place where any highway or ‘street
is crossed within the limits of the town to erect and maintain at such
crossing any style of gate deemed proper, and keep a man in charge
thereof, or keep a flagman at such crossing during such hours as the
council may require in accordance with the general law of the State
and to regulate the length of time such crossing may be closed :due
to any operation of the railroad; to regulate the operation and speed
of all cars, motorcycles, bicycles or vehicles upon said streets or high-
ways as. well-as the ‘speed of all engines, cars, or railroad trains within
the town; to permit or prohibit poles or wires for electric, telephone
or ‘telegraph purposes to be erected or gas lines to be Jaid in the.
streets or alleys, and to prescribe and collect an annual charge for
such privileges hereafter granted; to require the owner or lessee of
any electric light, telephone or telegraph pole or poles or wires now
in use or hereafter erected to change the location or remove the same.

_ Thirteenth. To acquire by gift, purchase or by the exercise of
the power of eminent domain within this State, land or any interest
or estate in land, rock quarries, gravel pits, sand pits, water or water
rights and’ the necessary roadways thereto, either within or without
the town, or acquire and install machinery and equipment and build
the necessary roads or tramways thereto, and operate the same for
the: purpose of producing materials required for any and all parposce
of said town. .

Fourteenth. To establish, construct, maintain sanitary sewers,
sewer lines, or cisterns and to require the abutting property owners
to connect therewith, and to establish, construct, maintain and operate
sewerage disposal plants; and to acquire by condemnation or other-
wise, within or without the town, all lands, rights of way, and other.
rights and easements necessary for the purpose aforesaid, and to as-
sess, charge and collect reasonable fees, licenses, taxes, assessments or
costs of service for connecting with and using the same and such fees,
licenses, taxes, assessments or costs of service shall be collected by
the town as other taxes and levies are collected.

Fifteenth. To grant franchises for public utilities, mubfect: to the
provisions of the ‘Conmitien and pence laws of the } coma eee
a Virginia. So

Sixteenth: To collect and dispose of sewerage, offal, ashes, gar-
_— carcasses of dead animals and other refuse, and to make reason-
able charges therefor; to acquire and ‘operate reduction or other plants
for the utilization or destruction of any or all of said materials, to
contract, regulate and collect for the disposal: thereof, and to: se
or regulate the disposal thereof. ! :
Seventeenth. To compel the abatement of nuisances within the
town, or upon property owned by the town beyond its limits, at the
expense of the person, persons, corporations or firms causing the same,
or of the owner or occupant of the grounds or premises whereon the
same may be, and collect said expense by suit or motion, or by dis-
tress and sale; to require all lands, lots or other premises within the
town to be kept clean, sanitary or free from stagnant water, weeds,
filth, or unsightly deposits or to make them so at the expense of the
owners or occupants thereof, and to collect said expense as other
taxes and levies are collected; to regulate or prevent slaughter houses
or other noisome or offensive business within the said town, the keep-
ing of hogs, or other animals, poultry or other fowl therein, or the
exercise of any dangerous or unwholesome business, trade or employ-
ment thereon; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise, to regulate the location of stables and. the
manner in which they shall be constructed or kept; to regulate the
location, construction, operation or maintenance of bill boards; to
provide how, when and under what conditions awnings may project
over the streets and sidewalks from buildings, and the manner in
which sidewalks may be used for advertising or display signs or
merchandise; to generally define, prohibit, abate, suppress and prevent
all things detrimental to the health, morals, aesthetics, safety, conveni-
ence or welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front thereof
to keep the same clean and sanitary or free from all weeds, filth
and unsightly deposits, ice or snow.

Eighteenth. The council may, in its discretion, appoint a board
of health for the town and invest it with authority for the prompt and
efficient performance of its duties. :

Nineteenth. To inspect, test, measure or weigh any commodity
or article offered for use or consumption to persons within the town;
and to establish, regulate, license or inspect weights, meters or scales
employed or used within the town and charge and collect fees therefor.

Twentieth. To prevent or extinguish fires, and to establish, regu-
late, and control a fire department or division; to regulate the size,
heights, materials and construction of buildings, fences, walls, retain-
ing walls or other structures hereafter erected, in such manner as
the public safety or conveniences may require; to remove or require
to be removed or reconstructed any building, structure or addition
thereto, which by reason of dilapidation, defect of structure, or other
causes, may have become dangerous to life or property, or which may
be erected contrary to law; to establish or designate from time to
time fire limits, within which limits wooden buildings shall not be
constructed, removed to, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be constructed
of stone, natural or artificial, concrete, brick, iron or other fireproof
material: and may enact stringent and efficient laws for securing the
safety of persons from fires in halls and buildings used for public
assemblies, entertainments or amusements.

Twenty-one. To charge and collect fees for permits to use public
facilities or for public service or privileges. Said town shall have
the power and right to charge a different rate for any service rendered
or convenience furnished to citizens without the corporate limits from
the rates charged for similar service to citizens within the corporate
limits.

Twenty-two. To prevent any person having no visible means of
support, paupers or persons who may be dangerous to the peace,
health or safety of the town, from coming to said town from without
the same; and also to expel therefrom any such person who has been
in said town less than one year.

Twenty-three. To provide, permit or prohibit the establishment
of places for the interment of the dead in or near the town and regu-
late the same and also those heretofore established and to provide in
or near the town lands to be used as burial places for the dead, pro-
viding land for the same be secured; otherwise, to provide for the
same as near as may be to the town; to improve and care for the
same and the approaches thereto, and to charge for and regulate the
use of the ground therein; and to provide for the perpetual upkeep
and care of any plot or burial lot therein; the town is authorized to
take and receive sums of money by gift, bequest, or otherwise, to be
kept invested and the income therefrom used in and about the per-
petual upkeep and care of the said lot or plot for which the said
donation, gift, or bequest shall have been made.

Twenty-four. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-five. To restrain and punish drunkards, vagrants and
street beggars; to prevent or quell riots, disturbances, or disorderly
assemblages; to suppress houses of ill-fame, or gambling houses; to
prevent or punish lewd, indecent or disorderly exhibitions in said town;
to expel therefrom persons guilty of such conduct who have not re-
sided therein as much as one year,

Twenty-six. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals or similar shows or fairs,
or prohibit the holding of the same or any of them within the town.

Twenty-seven. To require every owner of a motor vehicle to
annually register such motor vehicle and obtain a license to operate
the same by making application to the treasurer of said town and to
reguire said owner to pay an annual license fee therefor, to be fixed
by the council, but said license fee shall not exceed the amount charged
by the State on said machine.

Twenty-eight. To make and enforce ordinances to regulate, con-
trol, license and/or tax the manufacture, bottling, sale, distribution,
transportation, handling, advertising, possession, dispensing, drinking
and use of alcohol, brandy, rum, whiskey, gin, beer, lager beer, ale.
porter, stout, and all liquids, beverages and articles containing alcohol
obtained by distillation, fermentation or otherwise, provided, how-
ever, that no such ordinances shall be in conflict with any of the
provisions of the Alcoholic Beverage Control Act or the general laws
of this Commonwealth with respect to such alcoholic beverages, liquids,
and _ articles.

Twenty-nine. To do all things whatsoever necessary or expedient
and lawful to be done, for promoting or maintaining the general wel-
fare, comfort, education, morals, peace, government, health, trade,
commerce, or industries of the town or its inhabitants.

Thirty. To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not
exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both. “ aa

Thirty-one. To prohibit and punish mischievous, wanton, or mali-
cious damage to school and public property and private property.

- Thirty-two. To prohibit from and punish minors for frequenting,
playing in, or loitering in any public poolroom, billiard parlor, or ten-
pin alley, and to punish any proprietor or agent thereof for permitting
same. |

Thirty-three. To pass and enforce all by-laws, rules, regulations,
and ordinances which it may deem necessary for the good order and
government of said town, the management of its property, the con-
duct of its affairs, the peace, comfort, convenience, order, morals,
health and protection of its citizens or their property, and to do
such other things and pass such other laws as may be necessary or
proper to carry into full effect, all power, authority, capacity, or juris-
diction, which is or shall be granted to or vested in said town, or in
the council or officers thereof, or which may be necessarily incident
to a municipal corporation. : a | :

Thirty-four. The town of Herndon may maintain a suit to re-
strain by injunction the violation of any ordinance, notwithstanding
punishment may be provided for the violation of such ordinance.

Thirty-five. To provide, by ordinance, that where a fine imposed
upon any: person for violation of a town ordinance shall not be
promptly paid the official trying the case may, in his discretion, either
commit such person to jail until such fine and costs following the
same shall be paid, but in no case longer than two months, or require
him to work out such fine and costs on the streets or other improve-
ments of the town at a rate per day equivalent to the prevailing wages
for similar work at that time, in the town of Herndon. ©

Section 4.' License may be imposed by ordinance and collected
from business, trades, professions or callings, and upon persons, firms,
associations or corporations engaged therein or offering to do business
within the boundaries of said town, whose principal office is or is
not located’ in said town, except when prohibited by general law,
whether or not a license may be required therefor by the State, and
it may exceed the State license if any be required.

Licenses may also be imposed upon and collected from persons,
firms, or corporations selling and delivering at the same time at other
than a definite place of business, goods, wares or merchandise, to
licensed dealers or retailers in said town.

For every license issued or transferred under this charter, there
may be prescribed by ordinance a charge or fee, not in excess of
seventy-five cents for issuing or fifty cents for transferring the same,
such charges or fees shall be collected and paid into the town treasury.

Section 5. A lien shall exist on all real estate within the corporate
limits for taxes, levies or assessments in favor of the town, levied or
assessed thereon from the commencement of the year for which the
same was levied or assessed, and the procedure for collecting said
taxes, for selling real estate for town taxes shall be the same as pro-
vided in the general laws of this State. The council shall have the
benefit of all other and additional remedies for the collection of town
taxes which are now, or may hereafter be granted or permitted under
the general law of the State.

Section 6. Administration and government.—The administration
and government of said town shall be vested in one principal officer,
styled the mayor, and six councilmen and a town treasurer. The
mayor, treasurer and councilmen shall be electors of said town to be
chosen as hereinafter provided, from the residents and electors of the
town, and whose qualifications to hold offices, respectively, shall be
the same as required of persons to vote and hold office under the
Constitution and laws of the Commonwealth of Virginia. The mayor
and councilmen shall constitute the council of said town. A vacancy
in the office of mayor, or treasurer, or councilman shall be filled within
thirty days, from the electors of the town, for the unexpired term,
by a majority vote of the remaining members of the council, provided,
however, that a vacancy in the office of mayor or treasurer may be
filled from their own body by the council.

Section 7. The mayor, treasurer and councilmen in office at the
time of the passage of this act shall continue in office until the first
day of September, nineteen hundred and thirty-nine, or until their
successors are elected and qualified. An election for mayor, council-
men and treasurer shall be held on the second Tuesday in June, nine-
teen hundred and thirty-nine and every second year thereafter and the
mayor, councilmen and treasurer elected under this act shall enter
upon the duties of their offices the first day of September next suc-
ceeding their election. ,

Section 8. All elections for the officers of the said town shall be
held and conducted in the manner prescribed by law.

Section 9. The council of the town shall judge of the election,
qualification and returns of its members and if a person returned be
adjudged disqualified or in the event of tie votes, the said council, upon
the written request of one of such candidates, receiving the same num-
ber of votes as another candidate for the same office, the council shall
order a new election to fill the vacancy or break the tie, said election
to be held at the same place, on such day as the council may prescribe,
provided that the written request of any such candidate shall be filed
with the council within ten days after the election, otherwise the coun-
cil may declare a vacancy in such office and fill the same from the elec-
tors of the town by a majority vote of said council.

Section 10. Notice of candidacy for office shall be given, and the
ballots to be used in any election in the said town shall be prepared,
printed and distributed in the manner prescribed by law.

Section 11. Town officers —The officers of said town, in addition
to the mayor, treasurer.and councilmen, shall be a clerk, sergeant and
at the discretion of the council a deputy sergeant, who with the excep-
tion of the deputy sergeant, shall be electors of the town.

Section 12. The council may, by ordinance, provide for such other
officers, agents and employees as it may deem appropriate, prescribe their
duties and fix their compensation.

Section 13. The clerk and sergeant shall be elected by the council
for a term of two years, coincident with that of the council. The office
of treasurer and clerk may be filled by the same person, but in the
event that the said offices shall be combined as herein provided, then
the council may provide for and require an annual audit of its books.

Section 14. The council shall fix the salaries of the mayor, coun-
cilmen, treasurer, clerk, sergeant, deputy sergeant and employees, as
it may deem appropriate at its first meeting in September, which salary
shall be for a period of one year and shall not be increased or decreased
during that period of time, provided, that a salary may be paid one or
more councilmen or a salary i in excess of that paid other councilmen may
be paid one or more councilmen, if a majority of the council determine
that additional duties and responsibilities assumed by such councilman or
councilmen, by reason of committee assignment or otherwise, warrant
such salary, and a majority of said council authorize such additional
compensation.

Section 15. The council shall, by ordinance, adopt such rules as it
may deem proper for the regulation of its proceedings and the time
of its meetings.

Section 16. The council may fine a member for disorderly conduct
and with the concurrence of two-thirds vote of the council expel a
member in accordance with the Constitution and general laws of the
Commonwealth of Virginia.

Section 17. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance or resolution shall be
passed or adopted having for its object the levying of taxes or con-
tracting a debt except by a concurring vote of two-thirds of the mem-
bers of the council.

Section 18. All meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session of
the council. Any citizen may have access to the minutes.
Section 19. The mayor shall preside at all meetings of the cour
cil, and in the absence of the mayor or inability of the mayor to ac
the president of the council shall preside over said meeting, which off
cer shall be the oldest member of the council in point of service. Th
mayor shall have no vote except in case of tie. The mayor shall hav
the power of veto of the resolutions, acts, and ordinances of the sai
council and such resolutions, acts and ordinances, may be passed ove
such veto by a two-thirds vote of the members of the council presen
and voting.

Section 20. The council, by ordinance, may create the office o
police justice for the town and such police justice may, in so far as i
is not in conflict with the general laws of the State, relating to tria
justices, be granted jurisdiction and powers similar to the jurisdictio:
and powers of police justices in cities of this State. The term of offic
of such police justice shall not be for a term beyond that of the counci
by which he may be appointed.

Section 21. In addition to the taxes, assessments and levies here.
inbefore provided, the council of said town may annually levy a cor.
poration tax of one dollar per capita per annum upon all citizens of the
town, who have attained the age of twenty-one years, except such per-
sons as may be exempt by law.

Section 22. Requisites for voting in town elections shall be those
prescribed by general law for voting in the towns in the Commonwealth.

Section 23. Registrars for the town of Herndon shall be appointed
in the manner, and shall perform the duties prescribed by general law.

Section 24. The mayor shall be the chief executive officer of the
town ; he shall have and exercise all power and authority conferred by
general law on the mayors of towns not inconsistent with this charter ;
he shall perform such other duties consistent with his office as may be
imposed by the council; the mayor shall see that the duties of the vari-
ous town officers, members of the police and fire departments, whether
elected or appointed, are faithfully performed; he shall also have the
power to suspend such officers and the members of the police and fire
departments and other employees, for misconduct in office or neglect
of duty, until the next regular meeting or special meeting of the coun-
cil, when such suspended officer or employee may present testimony
in his defense to said council and the decision of the council shall be
inal; in the event of the inability of the mayor to discharge his duties,
xcept as presiding officer of the council, his place may in the discretion
of the council be filled and his duties discharged, until such disability
shall cease, by a member of the council, who shall be elected by a ma-
ority of said council and who shall be designated mayor pro tem; he
hall be the official head of the town. In times of public danger or
mergencies, he may take command of the police and maintain order
ind enforce laws, and for this purpose, may deputize such assistant
olicemen as may be necessary. The mayor or person acting as mayor,
hall authenticate by his signature, such documents or instruments as
he council, this charter, or the laws of the State. shall require.
Section 25. The treasurer shall receive all money belonging to
and received by the town and keep a correct account of all receipts
from all sources, and expenditures of all departments. He shall col-
lect all taxes, levies, licenses, assessments, fees, water rents and other
charges belonging to and payable to the town and for that purpose
he is hereby vested with any and all powers which are now or may be
hereafter vested in county and State treasurers, for the collection of
county, city and State taxes under the general law; he shall keep and
disburse all monies or funds in such manner and in such places as may
be determined by ordinance or the provisions of law applicable thereto.
He shall pay no money out of the treasury except in the manner pre-
scribed by ordinance or the general law; he shall perform such duties
as are usually incident to the office of commissioner of revenue in re-
lation to the assessment of property for town taxation and the town
license taxes and shall have power to administer oaths in the perform-
ance of such duties ; and shall make such reports and perform such other
duties not inconsistent with the office as may be required by the mayor
or by resolution and ordinance of the council. The treasurer shall not
be entitled to any commission for handling the funds of the town but
shall be paid such salary as may be provided by the council, and before
entering upon the duties of his office shall execute a bond in such
amount and with such security as the council by ordinance may pre-
scribe. The council may, in its discretion, and if it deems it necessary
or convenient, appoint some person or persons from the electors of
the town to assist the town treasurer in the collection of all taxes and
assessments, water rents and other charges belonging to and payable to
the town, which person may be the sergeant, deputy sergeant, or super-
‘ntendent of water works, but before entering upon the discharge of
such duties, such person shall execute a bond in such amount and
with such security as the council, by ordinance, may prescribe.

Section 26. The council may provide that the premium on any
surety bond shall be paid by the town.

Section 27. The town clerk shall be the clerk of the council, shall
attend all meetings thereof and shall keep a record of its proceedings.
He shall keep all papers, documents and records pertaining to the town,
the custody of which is not otherwise provided for. He shall be cus-
todian of the town seal and shall attest the same, and shall perform
such other duties as are required by general law or by the council by
ordinance or resolution.

Section 28. The town sergeant shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town and to a distance of one mile beyond the same; he shal!
perform such duties as may be required of town sergeants by general
law, and such other duties not inconsistent therewith as may be re-
quired of him by ordinance or resolution of the council.

Section 29. For the purpose of representation on the county schoo
board, the town of Herndon shall constitute a separate school distric
under a town school board of three members appointed by the tow!
council. On or before September first, nineteen hundred and thirty
eight, the council, shall appoint the three members of the town school
board, one for a term of one year, one for a term of two years .anc
one for a term of three years, beginning September. first, nineteen hun-
dred and thirty-eight, and annually thereafter, one member shall be
appointed for a term of three years. The said town school board shall
designate or appoint one of its members to serve as a member of the
county school board. The town school board is authorized to take
and receive sums of.money by gift, bequest or otherwise to be kept in-
vested and the income therefrom or the principal thereof to be used
in and about the school, scholarships, assisting persons in obtaining
an education or for the school purposes for which said donation, gift,
or bequest shall have been made; the members of the town school board
in office at the time of the passage of this act shall continue in office
until their successors are elected and qualified. BT

Section 30. The council may require the attendance of its officers,
agents, appointees or employees at its meetings and may further re-
quire that reports be submitted. , ,

Section 31. All fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and forth-
with paid into the town treasury. .

Section 32. All the rights, privileges and property of the town
heretofore acquired, now owned or enjoyed, shall continue un-
diminished and remain vested in the town; and all the laws of the
Commonwealth of Virginia, ordinances, and resolutions of the council
now in force and not inconsistent with this act shall continue in full
force and effect until amended or repealed

Section 33. The enumeration of particular powers and authority
in this charter shall not be deemed nor held to be exclusive but in
addition to the powers herein enumerated, implied hereby or appro-
priate to the exercise thereof, the said town shall have and may exer-
cise all other powers which are now or may be hereafter conferred
upon or enjoyed by towns under the Constitution and general laws
of this State. ,

section 34. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, such judgment, order or decree shall not affect,
impair, or invalidate the remainder of said act, but shall be confined
in its operation to the clause, paragraph or part thereof directly in-
volved in the controversy in which said judgment, order or decree
shall have been rendered. ,

Section 35. All contracts and obligations heretofore or here-
after made by the present council and government of the town of
Herndon while in office, not inconsistent with this charter or the
Constitution and general laws of this State, shall be, and are hereby
declared to be valid and legal. ,

2. The act entitled an act to incorporate the town of Herndon,
in the county of Fairfax, approved January fourteenth, eighteen hun-
lIred and seventy-nine, and all acts amendatory thereof, are hereby
‘epealed. ,

3. An emergency existing, this act shall be in force from its pas-
age.