Chap. 572.—An ACT to amend and re-enact an act approved March 30, 1875, en-
titled an act to incorporate the town of Falls Church, in the county of Fair-
fax, as amended by an act approved February 27, 1879, entitled an act to
amend and re-enact sections 3, 4,4 and 6of an act entitled an act to incor-
porate the town of Falls Church, in the county of Fairfax, approved March
30,1875, and as further amended by an act approved March 4, 1890, entitled an
actto amend section 7 of chapter 316 of the acts of assembly, session of 1874-75,
a an act to incorporate the town of Falla Church, in the county of

airfax.

Approved March 2, 1894.

1. Be it enacted by the general assembly of Virginia, That an act
approved March thirtieth, eighteen hundred and seventy-five, entitled
an act to incorporate the town of Falls Church, in the county of Fair-
fax,as amended by an act approved February twenty-seventh, eighteen
hundred and seventy-nine, entitled an act to-amend and re-enact the
third, fourth, fifth and sixth sections of an act entitled an act to in-
corporate the town of Falls Church, in the county of Fairfax, ap-
proved March thirtieth, eighteen hundred and seventy-five, and as
further amended by an act approved March fourth, eighteen hundred
and ninety, entitled an act to amend section seven of chapter three
hundred and sixteen of the acts of assembly, session of eighteen hun-
dred and seventy-four and eighteen hundred and seventy-five, enti-
(led an act to incorporate the town of Falls Church, in the county of
Fairfax, be, and the same is, amended and re-enacted so as to read
as follows, viz. :

81. So much of the territories in the counties of Fairfax and
Alexandria, together with all the improvements and appurtenances
thereunto belonging, as is contained in the following boundaries,
to-wit: beginning at the corner of Alexandria and Fairfax counties
on J. C. DePutron’s farm; thence to the corner of J. D. Nicholson
and W. S. Patton, 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 centre of
said road to centre of bridge over Holmes run; thence easterly in a
straight line to the northwest corner of the colored Methodist church
on the road leading to Anandale; thence easterly to the crossing o!
the Alexandria and Georgetown roads at Taylor’s corner; thence
along the north line of said Georgetown road to the corner of T. M.
Talbott and Emma Taylor’s estate; thence to a pin-oak tree near
Doctor L. E. Gott’s spring; thence toa stone on the property of J.
A. and Mistress J. H. C. Brown, formerly the northeast corner of
John Brown’s barn; thence to the crossing of Isaac Crossman’s and
Bowen's line on the chain-bridge road; thence to the place of be-
ginning, is and shall continue forever to be a body politic and cor-
porate 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 restric-
tions and limitations imposed by said law, in so far as the provi-
sions thereof are not in conflict with the provisions of this act.

§ 2. Be it further enacted, That the government of said town shall
be vested in a council of nine qualified voters, who shall be elected
by ballot on the fourth Thursday in May, eighteen hundred and
ninety-four; three of whom shall hold that office 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 annually on the fourth Thursday in May,
and shall hold their offices for three years, or until their successors
are duly elected and qualified. The terms of office of all council-
men shall begin on the first day of July of each year succeeding
their election. Any person entitled to vote in the magisterial dis-
tricts of Falls Church, or Providence, in Fairfax, county, or Wash-
ington magisterial district, in Alexandria county, and residing in
said corporation and duly registered by the town clerk, shall be en-
titled to vote at all elections for councilmen. The town clerk and
two members of the council whose terms of office do not expire with
that year, and who shall be designated by the mayor, shall conduct
such election between the hours of one and seven post meridian, and
shall make return of the same to the mayor, who shall issue certifi-
cates, countersigned by the clerk, to those elected. ‘Tie votes shal!
be decided by lot, and contests shall be decided by the council unde:
the law governing contest for the county officers.

§ 8. The council shall meet annually on the first Monday in July.
and, after qualification of the new members, shall organize by choos.
ing one of their members mayor, and elect by ballot from the voters
of the corporation a town sergeant 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 char-
ter. All officers shall qualify by taking the oath of office before the
clerk or other officer authorized to administer oaths, and give such
bond as the council shall require, and shall hold their office until
the first Monday in July succeeding their election, and] until their
successors are elected and qualified. The council shall serve with-
out compensation, except for special and unusual services, for which
they may be allowed, by an affirmative vote of at least six of the
council, such pay as shall be proper. Any vacancy occurring in the
council 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 quo-
trum. Any officer or councilman may be suspended by the council,
or by the mayor under the direction of the council, for a good and
sufficient cause, and shall be tried by the council within ten days,
and, by a two-thirds vote of the members of the council present, be
removed from office; the accused, if a councilman, not being en-
titled to a vote, and if the accused be the mayor, he shall not be en-
titled to preside at such trial. _

§ 4. The council shall have power to define and mark the bounda-
ries of the streets, lay out new streets, alleys and sidewalks; to pro-
vide for the surveying, grading, paving, repairing, drainage, laying
out, extending, widening, opening, closing, straightening or relocat-
ing any street, sidewalk, alley or sewer in said town, and may con-
demn or purchase the right of way for any street, alley or sewer
which they may determine should be opened for the public good; to
provide for the removal of nuisances; for the removal of obstruc-
tions of streets, lanes and alleys; for the establishment of building
lines and of building regulations; to regulate or prohibit animals
from running at large; to license the ownership of dogs; to impose
a license tax on the owners of dogs, not to exceed one dollar for
males and five dollars for females, and to make provision for the kill-
ing of dogs whose owners fail to procure license and pay the said tax;
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 divide the corporation into wards; to
regulate in reference to the public health; to exercise the powers of
road commissioners over the roads and streets of the corporation ; to
have control of all property belonging to the corporation; to pass
ordinances to carry into effect the objects of this corporation, and
punish the violation thereof by fine and imprisonment; to, whenever
they may be satisfied that the public health, comfort or convenience
requires it, construct sidewalks, curbing, gutters and sewers along the
streets, avenues, roads and alleys of said town, charging one-half the
cost of such construction upon each tract or piece of abutting property
to be benefited hereby in proportion that the number of front feet of
each such pieces or tract shall bear to the whole length of said sidewalk
curbing, guttering and sewering, and shall enforce the collection of
such special assessment in the same manner as the collection of gen-
eral taxes may be enforced, and such other powers contained in sec-
tion ten hundred and thirty-eight of the code of Virginia as are not
herein enumerated. For the purpose of condemning land for street
and corporation necessities, the council shall proceed in the manner
provided under chapter forty-six of the code of Virginia.

§ 5. The council shall annually levy, assess and collect necessary
taxes for roads, streets, schools and corporation purposes on all
property within the corporation, which tax for all purposes, includ-
ing schools, on no property shall exceed sixty cents on one hundred
dollars, except that on a petition of two-thirds of the resident tax-
payers within the corporation, the council may levy a corporation
fax not to exceed the amount named in said petition. No debts
whatsoever shall be created, except upon a vote of two-thirds of the

80 CC” nAnaole
esident freeholders of the corporation, and the council shall, upon
yetition of one-fourth of the resident freeholders, order a special
lection to be held to determine whether the debt petitioned for
shall be created, and said election shall be ordered by the council to
oe held within thirty days after the receipt of the said petition, at
east ten days’ notice of such election being given by the council.
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 case of a tie, unless the vote is taken by ballot, when
ne shall have # vote the same as other councilmen. He shall be
thief of police. He shall have the authority and jurisdiction, both
sivil and criminal, within and one mile beyond the corporate limits,
and receive the same fees as a justice of the peace of Fairfax and
Alexandria counties. In default of payment of any fine imposed
by him, he may commit the offender to the lock-up or to the county
jail until said fine shall be paid, with costs.

§ 7. The town clerk shall be the custodian of the books and re-
cords of the corporation, and shall record in a book to be kept for
that purpose a correct report of all proceedings of the council. He
shall be the registrar of all voters of the corporation, and clerk of all
elections held under this charter. He shall, unless otherwise pro-
vided by the council, be the assessor of the corporation, and shall
annually, prior to August first, assess all lands, lots and personal
property in the corporation ; but the assessment or appraisement of
all real estate shall be the same as the last county and state assess-
ment or appraisement: provided that any real estate not assessed by
the county, and any improvements made adding value to any real
estate since the last county assessment, shall be assessed by the said
assessor upon a fair cash valuation. The said assessor shall deduct
for all property destroyed, under same restriction and in same man-
ner as is prescribed in the duties of county assessor. All! returns of
assessment of personal property to the town assessor shall be made
under oath; the said officer is authorized to administer the required
oath. He shall prescribe the form of blank to be used for said pur-
pose, and when such assessment of real and personal property are
completed he shall give notice that the same is in his office for pub-
lic inspection, and that the council will examine, revise and correct
the same, and that any tax-payer aggrieved will be heard; the ses-
sions for such purpose to terminate on August fifteenth. Prior to
the first of September the assessor shall make from his revised as-
sessment tax bills against all persons and corporations charged
thereon and place them in the hands of the town sergeant for collec-
tion. For services as assessor the town clerk shall receive one per
centum upon all tax bills made out by him, and for all services as
clerk he shall receive such compensation as may be determined by
the council.

§ 8. The town sergeant shall be the executive officer of the coun-
cil, and shall have the authority, jurisdiction and fees of a contable
of Fairfax and Alexandria counties within and one mile beyond the
corporate limits. He shall, unless. otherwise provided, be the town
treasurer, and as such shal! collect all taxes, fines and licenses, 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
five per centum upon all sume collected by him. Upon all taxes not
collected prior to January first, each year, he shall add a penalty of
five per centum, to be turned into the town treasury, On the fifteenth
day of June, annually, he shall return to the council, under oath, a
list of all delinquent tax-payers, and the council shall have full
power to make provision and arrange all details for the sale of Jand
for delinquent taxes, and also for the reoffering of land not sold when
offered, and also power to reissue, and sergeant to levy for any old,
unpaid delinquent tax bills. The sergeant shall also, unless other-
wise provided by the council, be the overseer of roads and streets,
and have the same powers as overseers of roads under the special
road laws for Fairfax and Alexandria counties, and for his services
as overseer, or for any other service not defined, he shall receive such
compensation as the council shall allow.

§ 9. The corporation shal! constitute a separate road district and a
separate school district. The council shall elect school trustees for
the corporation in the manner provided by section fourteen hundred
and sixty-nine of the code of Virginia before such section was
amended. No district school tax and no district road tax shall be
assessed and collected, except by the council, on any property within
the corporation limits. The roads within the corporation limite
shall be under the general control of the council. The corporation,
in so far as the said territory is located in Fairfax county, shall be
entitled to all the benefits accruing to a road district and a school
district under the laws in force in that county; and in so far as the
said territory is located in Alexandria county it shall be entitled ta
all the benefits accruing to a road district or a school district under
the Jaws in force in that county.

$10. That any person applying to the county of Fairfax or the
county of Alexandria for a license to sell liquors of any kind, either
as a keeper of an ordinary or eating-house, or as a merchant, within
the corporate limits of the town of Falls Church, in the said coun-
ties, or within one mile beyond the limits of the said corporation,
shall produce before the courts or board having control of the issu-
ance of licenses for the sale of liquor 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 counci
why said license should not bg granted. And the courts of said
counties or boards having authority shall not grant the said license
to sell liquors within the limits above prescribed until and unless
such certificate be given. And under no circumstances and in nc
event whatever shall the sale of liquors be licensed in any part o!
the corporation where license for the sale thereof has been prohibited
under the provisions of chapter twenty-five of the code of Virginia
known as the local-option law.

2. This act shall not operate to repeal any of the ordinances o1
regulations in force in the corporation at the date of its passage, ex-

cept in so far as they may(copfiict; ath this act.
8. All acts and parts of acts in conflict with the provisions of this
act are hereby repealed: provided, however, that the present mem-
bers of the council and officers of the corporation shall continue in
office, in accordance with the provisions of the act hereby amended,
until officers are chosen and have qualified under the provisions of
this act.

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