Chap. 90.—An ACT to amend and re-enact section 6 of an act entitled an act to
incorporate the town of Herndon, in the county of Fairfax, approved January
14, 1879, as amended by an act entitled an act to amend sections 6, 7, and 9 of
ohapter 28 of acts of assembly for the session of 1878-9, entitled an act to
incorporate the town of Herndon, in Fairfax county, approved March 4, 1890;
and to amend and re-enact section 7 of said act amended as aforesaid, and as
further amended by an act entitled an act to amend and re-enact section 7 of
an act of the general assembly of Virginia, approved January 14, 1879, en-

titled an act to incorporate the town of Herndon, in the county of Fairfax,
approved March 3, 1892.

Approved February 27, 1902.

1. Be it enacted by the general assembly of Virginia, That section six
of an act entitled an act to incorporate the town of Herndon, in the
county of Fairfax, approved January fourteenth, eighteen hundred and
seventy-nine, as amended by an act entitled an act to amend sections six,
seven, and nine of chapter twenty-eight of acts of assembly for the ses-
sions eighteen hundred and seventy-eight and seventy-nine, entitled an
act to incorporate the town of Herndon, in Fairfax county, approved
March fourth, cighteen hundred and ninety: and that section seven of
said act amended as aforesaid, and as further amended by an act en-
tided an act to amend and reenact section seven of an act of the general
assembly of Virginia, approved January fourteenth, eighteen hundred
and seventy-ning, entidied an act to incorporate the town of Herndon, in
the county of Fairfax, approved March third, eighteen hundred and
ninety-two, be amended and reenacted so as to read as follows :

The council shall have power to mark accurately the bounds of
Existing streets: to lay off mew streets, allevs. and sidewalks: to provide
for order aud quiet and the observance of the Sabbath within the corpora-
Ion to provide and protect shade trees; to establish a fire department,
With suitable and necessary conveniences: to regulate in reference to con-
tagious diseases. to compel (where in the opinion of the council it is nee-
essary and proper, all railroad or railway companies where the lines of
Such railroad or railway companies intersect the roads or streets of the
Town, to protect such crossings by a watchman, falling gates, or in such other
Manner as the council may deem best to pass ordinances to carry into
Effect the of the incorporation, and to punish the violation of the
Same and
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may deem proper: provided, that private property for public use may be
taken in the manner now provided by law, and for that purpose the
mayors court of said town shall have the same jurisdiction for con-
demning of land for streets of said town as the county court has for con-
demning of land for roads in the county: provided, further, that all
taxes, penalties, and fines imposed and collected under the aforesaid au-
thority in reference to hogs, dogs, or other animals shall be and constitute
a part of the public free-school fund of said town: and provided, further,
that nothing herein contained shall be construed to interfere with the
existing right of the county of Fairfax to collect a tax from owners of
dogs in said town.

87. The council may annually levy, assess, and collect a tax for roads,
schools, and other corporation purposes, such levy on the hundred dollars’
valuation not to exceed for roads thirty cents, for schools thirty cents,
and for other corporation purposes twenty cents, except that on a petition
of two-thirds of the freeholders within the corporation road and school
tax, or either, not to exceed the amount named in said petition, may be
levied, assessed, and collected. And in any case where taxes and levies
on real estate are delinquent, and have been returned according to section
ten hundred and forty-six of the Code of Virginia, the council, in addi-
tion to the power it now has under the general law to enforce the collec-
tion of delinquent taxes and levies, shall have the right to provide for the
renting of such real estate to pay the amount of delinquency and the
costs of renting. Whenever any new street shall be opened, any existing
street extended, graded, or paved, sidewalks constructed, or any culvert
or other public improvement made, the council may determine what pro-
portion of the expense thereof shall be paid by the town and what pro-
portion by the owners of the real estate thereby benefited, and shal!
assess each owner with the payment of his just share of the expense, the
same to be collected in the manner herein provided for the collection of
other taxes, but no part of the expense of such improvement shall be
assessed against the said owners, except such improvement be ordered by
a two-thirds majority of the council upon the petition of a majority of
the owners of the real estate along the street to be affected by such public
improvement.

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