Chap. 130.—An ACT to incorporate the town of Fairmount, in Henrico county.

Approved March 10, 1902.

1. Be it enacted by the general assembly of Virginia, That all the
territory in the county of Henrico contained within the following lim-
its—namely: Beginning at a point on the east line of Mechanicsville
turnpike at its intersection with the center of “Q” street; thence along
the said east line of said turnpike northwardly to its intersection with
the south line of the property of William H. Brauer; thence along the
south line of the property of the said William H. Brauer eastwardly to its
intersection with the south line of a county road; thence along said
south line of said county road eastwardly to its intersection with the
center of Twenty-third street; thence along the center of Twenty-third
street southwardly to the center of “‘T” street; thence along the center
of “T” street eastwardly to the center of Twenty-fourth street; thence
along the center of Twenty-fourth southwardly to the center of Carring-
ton street; thence along the center of Carrington street westwardly to
the center of “Q” street; thence along the center of “Q” street west-
wardly to the point of beginning, shall constitute the town of Fair-
mount, and the inhabitants within the said boundaries shall be a corpora-
tion under the name and style of the town of “Fairmount” ; and the forty-
fourth and forty-sixth chapters of the Code, edition of eighteen hundred
and eighty-seven, and.amendatorv acts thereof, as far as consistent with
this act, shall be applicable to said town.

’. The officers of said town shall consist of a mayor, to be elected
every four years, and a council of five members, and such other officers
as the council! may think necessary. The said council shall hold office
for two years, and said mayor and council shall receive no salary for their
services, and shall have power to enact all by-laws and ordinances for the
government of said town that they may deem proper, and to prescribe
penalties for the violation of the same not exceeding fifty dollars for any
one offense, and may subject the parent of any minor for any such of-
fense committed by said minor. All such fines and penalties may be
prosecuted and recovered, with costs, in the name of said town. The
council shall have all the powers conferred by sections ten hundred and
thirty, ten hundred and thirty-two, ten hundred and thirty-five, ten hun-
dred and thirty-eight, and ten hundred and forty-two of the Code of
Virginia, and all the other general statutes of this State, except so far as
may be otherwise provided in this and other sections of the charter of
said town. The said council shall have power to provide for keeping its
streets, sidewalks, and alleys in order, and for draining the said town;
to provide the necessary facilities to supply water and lights, and pro-
vide for all other necessary improvements. And for the purpose of pay-
ing the necessary expenses of said town the said council shall have power
to levy such a tax on all the taxable property in said town as they may
deem proper, not exceeding fifty cents on one hundred dollars in one
year. And the tax levied by the board of supervisors of Henrico county
in said town for road purposes shall be applied by said board of super-
visors to the keeping up of said roads in said town.

3. The mayor of said town is hereby vested with the powers con-
ferred on him by section ten hundred and thirty-three of the Code of
Virginia, as amended, except that the jurisdiction of the mayor shall not
extend outside the corporate limits of said town.

4, In the event that the said council shall deem it proper to appoint
or elect a town sergeant, said sergeant shall be a conservator of the peace,
and shall be vested will all the powers of a constable within the corporate
limits of said town, and the distance of one mile beyond, and shall have
power to arrest offenders anywhere within the county of Henrico for
offenses committed within said town, and convey any person to jail who
may be ordered by the mayor to be committed, charged with any offense
against this Commonwealth, there to be dealt with as if committed by
a justice of the peace, and shall be entitled to the same compensation as
a constable would be for such services. The said sergeant shall collect
all tines imposed for the violation of by-laws or ordinances of said town,
and for this purpose is vested with like powers as a sheriff or constable
now has. Until the said town shall erect a jail of its own, it is hereby
authorized to use the jail of Henrico county: provided, that for offenses
committed against the ordinances of the town, the said town shall pay
for their maintenance while confined in the jail of the county.

*. Beit further enacted, That any person applying to the county court
of Henrico county for licenses to sell spirituous liquors, wine, beer, ale,
or porter, or any mixture thereof, within the corporate limits of the town
of Fairmount, shall produce before the court of such county a certificate
sivned by a majority of registered voters of such town to the effect that
the appheant is a suttable persen to sell liquor, and that no good reason
is Known why the heense should not be granted.

b. The satd council shall have authority to acquire by purchase or
condemnation all real estate that may be necessary for the purpose of
erevting: surauoie town buildings, opening streets and allers, and making
sewerage Outliers, and to purchase all such carts, wagons, fire engines,
MACHINES OF OLE APDATRCUS as Mav be necessary for its purposes.

ye. Ut shall be the duc of the clerk of the county court of Henrico
COUREY to prepare a Wel-bound and suinable book, to be known as the

“tat bees of coe town of Facrmioori” and immediately upon the return
to Ris oMee OV Coe comminissiener of re revertue of the land and personal
PreRe rey Doe as of the county of Henrico i eaca vear, the said clerk shall
CMe UE SHC Dok. Opposite The tratre of each person assessed with taxes
resant tower of Balrmours the agureuate value of real estate and personal
PIVOeKLW WE Woo hea bersenm aurears to be charged upon said land
amd pmo ve rue Seeas of the centr Toe wecon the Lumits of said town of
Fairmont. aut sca ever iovven tie sid tux book such taxes opposite
the name of each property owner as may be assessed by the town council
of the town of Fairmount; upon the completion of said tax book the said
clerk shall certify a copy of the same to the treasurer of Henrico county,
who shall, upon the receipt of such copy, make out tax bills therefrom
and proceed to collect the same at the time, in the mode and by the reme-
dies prescribed by law for the collection of taxes due the Commonwealth.
The taxes levied by the town council of the town of Fairmount shall be a
lien upon the property upon which it is assessed of like dignity and to the
same extent as taxes levied by the county of Henrico. It shall be the duty
of said treasurer to keep all funds collected on account of the town of
Fairmount to the credit of the said town, and separate from all other
funds in his hands, and he shall quarterly lay before the said council a
statement showing the amount in his hands to the credit of the said town,
and also on the first day of October of each year the amount of such taxes
remaining uncollected, and from whom due. For performance of the
duties herein imposed upon them the said clerk and treasurer shall be
paid by the town of Fairmount a sum not exceeding what is paid by the
county of Henrico for the same service. The said council shall have
power to disburse the money to the credit of the town of Fairmount,
upon warrants issued by it stating the consideration for which the same
is issued, signed by the mayor of said town, and countersigned by the
clerk of said council. The treasurer of Henrico county, and the sureties
on his official bond, shall be liable for the faithful payment of such money
so received under the provisions of this act.

8. Be it further enacted, That T. Walker Jeter shall be mayor of said
town until the first day of July, nineteen hundred and six; and that
S. A. Allen, Joseph L. Gregory, Joel T. Tucker, W. F. Delaney, and
W. H. Burkert shall constitute the council of said town until the first day
of July, nineteen hundred and four. The said council shall have power
to provide by ordinance for the election of the mayor and council pro-
vided for in this act to succeed the mayor and council herein named.

9. The commissioners of Fairmount district, Henrico county, upon
the passage of this act, shall deliver to the mayor of the town of Fair-
mount all books, money, and other property then in their possession
belonging to Fairmount district, and the treasurer of Henrico county,
upon the passage of this act, shall transfer to the credit of the town of
jfi7mount any money then in his possession to the credit of Fairmount

istrict.

10. All acts and parts of acts in conflict with this act are hereby re-
pealed.

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