Chap. 281.—An ACT to incorporate the town of Wiehle in Fairfax county.

Approved February 9, 1898.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory in Dranesville magisterial district of the county of Fairfax, within
the following named boundaries, is hereby constituted a body politic and
corporate, under the name of the town of Wiehle; beginning at a point
on the railroad track about three thousand four hundred fect from the
railroad crossing at Wiehle station; thence north seven degrees east,
passing through a planted stone on the north boundary of the railroad
land, four thousand eight hundred and fifty-four and one-half feet to a
planted stone; thence deflecting to the left, making an interior angle of
one hundred and thirty degrees thirty minutes north, forty-two degrees
forty-five minutes west, three thousand nine hundred feet to a planted
stone; thence deflecting ito the left, making an interior.angle of one hun-
dred and twenty-nine degrees, south eighty-seven degrees six minutes
west, about three thousand four hundred and fifty feet to the southeast
line of the corporation of Herndon produced; thence with the said pro-
duced line, and with the southeast line of the corporation of Herndon
southwesterly to the railroad track; thence with the railroad track to the
place of beginning.

(Note: The above bearings are magnetic bearings. )

The said territory is a portion of the tract of land that was conveved
to the Virginia lumber and manufacturing company by C. A. Max
Wiehle and wife, by deed dated the eleventh day of September, eighteen
hundred and ninety- -three, and recorded liber, paragraph number five,
page two hundred and thirty-two of the deed books of Fairfax county,
Virginia.

2. The government of the said town shall be vested in a council com-
posed of five persons, who shall be qualified voters living within the
town. The members of the council shall be elected on the fourth Thurs-
day in May, eighteen hundred and ninety-eight, and every two years
thereafter, ‘and shall hold office for two years and until their successors
shall be elected and qualified. Until the qualification of the council-
men elected on the fourth Thursday in May, eighteen hundred and
ninety-eight, the following named persons shall be the council: J. L.
Poston, Charles R. Brown, Martin Trumble, John W. Sherwood, C. A.
Max Wiehle, medical doctor, who shall organize and perform the duties
and exercise the powers imposed and conferred by this act. Should
any of the said persons decline to act, the others shall fill the vacancy
or vacancies thus occurring, and all vacancies in council or in any
of the offices subsequently occurring shall be filled by the council, which
shall also have the power to provide for the duties of any office during
the temporary absence of the officer. There shall be an annual meet-
ing of the council on the first Monday in July, at which new members
shall qualify, and there shall be such other regular and special meetings
as the by-laws may prescribe. Three members of the council shall be
a quorum. The council shall choose one of its members mayor, who
shall preside over the council. He shall have the authority and juris-
diction of and receive the same fees as a justice of the peace, and he
shall, for the purpose of condemning land for street and other corpora-
tion purposes, have the same jurisdiction now exercised by the county
court four condemning lands for public roads, and the council shall make
all needful regulations for carrying into effect these provisions. The
council shall appoint a clerk and sergeant, who shall qualify and exe-
cute bonds in the manner prescribed by the council, and shall appoint
policemen and all other necessary officials. The town clerk shall be
the custodian of the books and records; shall make and keep an accu-
rate report of the council proceedings; shall prepare the tax tickets;
shall be registrar of voters and clerk of elections, and discharge such
other duties as the council shall assign him. The town sergeant shall
be the executive officer of the council, and shall, besides discharging
such other duties as the council shall assign him, have and exercise the
authority and receive the fees of a constable, unless otherwise ordered.
He shall be the town treasurer, and as such collect all taxes and fines
and disburse the same upon the warrant of the council signed by the
mayor and clerk, and to this end have the same power as the county
treasurer. No member of the council shall receive any compensation,
nor shall any officer of the town receive any compensation, except the
mayor, whose compensation shall be as hereinbefore provided, and the
sergeant, whose compensation shall be as hereinbefore provided, and
who shall receive in addition such compensation as the council may
think fit to allow him. All officers shall hold their offices at and dur-
ing the pleasure of the council.

3. Those entitled to vote at any town election shall be qualified voters
residing in the town. The clerk, as registrar of voters, shall discharge
his duty under regulations prescribed by the council. Elections shall
be conducted by one member of the council, who shall act as judge, to
be designated by the mayor. The polls shall be opened at one o’clock,
post meridian, and closed at seven o’clock, post meridian. Returns
shall be made to and canvassed by the council, by whom results shall
be declared. Tie votes shall be decided by lot, and contests shall be
heard and finally determined by the council.

4. The council shall have the power to define and mark the boun-
daries of streets; to lay out new streets, alleys and sidewalks; to work
and improve the streets and sidewalks; to provide for order and quiet
and the observance of the Sabbath; to plant and protect shade trees; to
make regulations in respect to public health; to abate nuisances, and to
this end confer on the mayor and sergeant all necessary jurisdiction; to
regulate and prohibit the running at large of animals; to license the
ownership of dogs, impose a license tax on the owners of the dogs, not
exceeding fifty cents for each dog, and to make provisions for the killing
of dogs whose owners fail to procure the said license and pay the said
tax; to pass ordinances to carry into effect the objects of the incorpora-
tion and promote the general good of the town and punish violations by
fine and imprisonment; and it shall have all of the other powers vested
in town councils by the statutes of this state, except in so far as they
may be in conflict with this act, and this town shall be subject to the
provisions of the statutes of this state touching towns, except in so far
as they may be in conflict with this act.

5. Nothing contained in this act shall be construed as operating to
destroy or lessen the authority over and control of the public schools in
said town by the school officers of Dranesville magisterial district.
The real estate and personal property in the town shall continue liable
for the payment of the district school tax as the same may be levied by
the county authorities, and the school trustees of Dranesville district shall
exercise the same jurisdiction within the said town in respect to school
matters as in other portions of said district.

6. Nothing contained in this act shall be construed as operating to
prevent the collection in the said town of the road tax imposed on _ pro-
perty in Dranesville magisterial district. The property within said town
shall continue liable for the payment of said tax as if this act had not
been passed, and the roads therein shall be worked by the road commis-
sioners of Dranesville district: provided, however, that the road com-
missioners of Dranesville district shall have the right, in their discre-
tion, instead of working the public roads in the said town as at present,
of paying over annually to the council, for the purpose of working
the roads in said town, such part of the district road fund as may be
avreed upon by the road commissioners and the council.

7. The council may annually levy and collect upon all real estate
within the corporation and all personal property owned by persons resid-
ing therein (the assessments made for state and county purposes to be
taken as a basis and not to be departed from) a tax for all corporation
purposes not to exceed seventy-five cents on the one hundred dollars.
The levy for the year eighteen hundred and ninety-eight shall be
upon the assessed valuation made for the year eighteen hundred and
ninety-seven; that for eighteen hundred and ninety-nine upon the
assessed valuation for the year cighteen hundred and ninety-eight, and
so on for each succeeding year. All taxes shall be due and payable
May first, and a penalty of five per centum shall be assessed on bills that
remain unpaid August first. On or before September first the ser-
ceant shall return a statement of the delinquents and make his annual
settlement with the council. The council shall make provision and reg-
ulations for the sale before the first of January following the return of
any real estate in the county delinquent.

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