CHAP. 373.—An ACT to incorporate the town of Vienna, in
Fairfax county.

Approved February 28, 1890.

1. Be it enacted by the general assembly of Virginia,
That the territory in the county of Fairfax, included ina
square to be ascertained by surveying along Maple avenue,
extended three-fourths of a mile each way from its inter-
section with Centre street, and at right angles thereto
along Centre street extended three-fourths of a mile each
way, thus forming a rectangle one and one-half miles
square, with sides parallel to said avenue and street, shall
be, and the same is hereby, made a town corporate, under
the name and style of the town of Vienna, and by that
name shall have and exercise the powers hereinafter
granted. Said territory shall also constitute one of the
school districts and one of the road districts of said
county.

2. Be it further enacted, that the government of said
town shall be vested in a council of nine qualified voters,
who shall be freeholders, and shall be elected by ballot on
the fourth Thursday in May, eighteen hundred and ninety,
three of whom shal] hold their offices for one year, three
for two years, and three for three years, respectively, the
same to be determined by lot. The successors of the three
whose terms expire each year shall be elected annuallv on
the fourth Thursday in May, and shall hold their offices
for three years. Any person entitled to vote in Provi-
dence district, and residing in said corporation, shall be
entitled to vote at all elections for councilmen. The town
clerk and two members of the council, to be designated
by the mayor, shall conduct such elections between the
hours of one and seven in the afternoon, and shall make
return of the same to.the mayor, who shall issue certifi-
cates, countersigned by the clerk, to those elected. The
votes shall be decided by lot, and contests shall be tried
by the mayor, under the law governing contests for county
officers.

3. The council shall meet annually on the first Monday
in July, and after qualification of the new members,
shall organize by choosing one of their members mayor,
and appoint from the voters of the corporation a town ser-
geant 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 officer authorized to administer oaths, and
giving such bonds as the councils shall require, and shall
hold their offices until the first Monday in July succeeding
their appointment and until their successors are elected
and qualified. The council shall serve without compensa-
tion, except for special and unusual services; they may be
allowed, by a two-thirds vote of the full council, such pay as
shall be proper. Any vacancy may be filled by the council
for the unexpired portion of ‘the year, but shall be filled by
election at the regular annual election for the balance of
the term. Five members shall constitute a quorum. Any
officer or councilman suspended by the mayor shall be
tried by the council within ten days, and by a unanimous
vote may be removed from office.

4. The council shall have power to define and mark the
boundaries of streets; to lay out new streets, alleys, and
sidewalks; to regulate or prohibit animals running at
large; to provide for order and quiet and the observance
of the Sabbath; to provide and protect shade trees; to
establish a fire department, with suitable apparatus; to
regulate in reference to the public health, and to abate
nuisances; to exercise the powers of school trustees over
the schools of the corporation, with the right of represen-
tation and one vote in the county school board; to exer-
cise the powers of road commissioners over the roads and
streets in the corporation; to pass ordinances to carry
into effect the objects of this corporation, and punish the
violation thereof by fine and imprisonment.

5. The council may annually levy, assess, and collect
necessary taxes for roads, streets, schools, and corporation
purposes on all business on which licenses are charged by
the state, and upon all property within the corporation:
provided, that no tax in any one year shall exceed fifty
cents on one hundred dollars valuation for roads and cor-
poration purposes, and twenty-five cents for school pur-
poses: provided, that upon a petition of two-thirds of the
freeholders in said corporation asking for an increase,
taxes may be levied not exceeding the amount named in
the petition. No debts shall be created except upon a
vote of two-thirds of the tax-payers. No district school or
road tax shall be assessed upon the property within the
corporation, except by the council thereof.

6. The mayor shall preside over the council,but shall have
no vote except in caseof atie. He shal! have the authority
and jurisdiction of and receive the same fees as a justice
of the peace of Fairfax county, and his court for the pur-
pose of condemning lands for street and corporation neces-
sities, shall have the same jurisdiction that the county
court has for condemning land for public roads. He shall
be the chief of police, and shall have power to suspend
any officer of the corporation for cause, such suspension,
with the reasons therefor to be immediately reported to the
council.

7. The town clerk shall 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 a!l proceed-
ings of the council. He shall be the registrar of voters
and clerk of all elections held under this charter. He
shall, unless otherwise provided by the council, be the as-
sessor of the corporation, and shall annually, prior to the
first day of March, assess all lands, lots and property upon
a fair cash valuation, and when such assessment is com-
pleted he shall give notice that the same is in his office for
public inspection, and that the council will after fifteen
days, examine, revise and correct the same, and that any
tax-payer aggrieved will be heard. Prior to the first day
of April, the assessor shall make from this revised axsess-
ment tax-bills against all persons and corporations charged
thereon, and place them in the hands of the town treasurer
for collection. For services as assessor the town clerk
shall receive two and one-half per centum upon all tax-
bills made out by him and for all services as clerk he shall
receive such compensation as may be allowed by the coun-
cil, not exceeding one hundred dollars per annum.

8. The town sergeant shall be the executive officer of
the council and shall have the authority, jurisdiction and
fees of a constable of Fairfax county. He shall, unless
otherwise provided, be the town treasurer, and as such
shall collect all taxes and fines, and disburse the same
upon the warrant of the council, signed by the mayor and
clerk, and for this purpose shall have the power and au-
thority of the county treasurer, and shall receive for his
compensation two and one-half per centum upon all sums
disbursed by him. Upon all taxes not collected prior to
June first he may add a penalty of five per centum as
compensation for his extra services in collecting. On the
first day of July he shall return under oath a list of all
delinquent tax-payers, which list, when approved by the
council, shall be certified to the county treasurer, who
shall collect the same as other delinquent taxes are col-
lected, and refund the amount to the treasurer of said
town: provided, that the time for assessing, collecting and
making returns may be extended by the council not to ex-
ceed three months. The sergeant shal! also, unless other-
wise provided by the council, be the overseer of road and
streets, and have the same powers as overseers of roads
under the special road law for Fairfax county, and for his
services as overseer, or for any other service not defined,
he shall receive such compensation as the ‘council shall
allow, not exceeding one hundred dollars per annum.

9. William H. Bowman, Thomas H. Harper, Anderson
Freeman, John L. Bukey, William B. Lewis, Benjamin F.
Clayberger, Orin E. Hine, Howard A. Money, and John E.
Dunsey are hereby appointed councilmen, who, upon quali-
fying by taking the usual oath of office before any officer
authorized to administer oaths, shall constitute, until their
successors are elected and qualified, the council of the town
of Vienna, and may organize and perform the duties of
councilmen under this act of incorporation.

10. This act shall be in force from its passage.