Chap. 201.-An ACT to amend and re-enact an act entitled an act to imcorpo-
rate the town of Herndon, in the county of Fairfax, approved January 14,
1879. [tT B 259]

Approved March 18, 1926.

1. Be it enacted by the general assembly of Virginia, That an
act approved January fourteenth, eighteen hundred and seventy-
nine, entitled an act to incorporate the town of Herndon, in the county
of Fairfax, be, and the same is hereby, amended and re-enacted so as
to read as follows: to-wit;

Section 1. The following described territory, in the county of
Fairfax shall be, and the same is hereby declared to be and shall for-
ever be, a body politic and corporate under the name and style of the
town of Herndon, and by that name and style shall exercise the powers
hereinafter granted and shall possess and exercise the rights and
powers conferred upon towns by the general laws of the State of Vir-
ginia, and shall be subject to the limitations imposed by the said
laws, in so far as the provisions thereof are not in conflict with the
provisions of this act. |

Section 1. The boundaries of the said town shall remain as
heretofore and as described in the act of January fourteen, eighteen
hundred and seventy-nine, as follows: ‘‘Beginning at the southwest
corner of William Urich’s farm, on the county road, and running
thence southeasterly on the line between Urich and Coleman; also,
on the line between Williams and Webster farm, and across the land
of C. H. Bliss to the Thornton tract; thence with the Thornton line
between Bliss and Thornton, Saul and Thornton, J. H. Baker and
Thornton, to the corner of the Gunnel farm; thence between J. H.
Baker and Gunnell to the corner of Mistress Milly Baker’s land;
thence along Vandeusen’s line northwesterly to Folly Lick; thence up
Folly Lick to the southeast corner of Horace Paine'’s land; thence
northwesterly between Paine and Orrison and Paine and Carper, to
the line of Loudoun county, thence westerly with the Loudoun county
line to a point in the line with the northwesterly line of Benjamin
Caywood’'s farm: thence southwesterly on a line of Caywood to the
southwest corner of Laonhardt's farm; thence southeasterly with the
ILaonhardt’s line to the county road; thence to the place of beginning.”

Section 3. The government of the said town shall be vested in
a mayor and six other electors, who shall constitute the council of
said town. On the second Tuesday in June, nineteen hundred and
twenty-seven and every two years thereafter, there shall be elected
a mayor and six members of the town council. The terms of office
of the mayor and the members of the council thus elected shall begin
on the first day of September succeeding their respective elections,
and shall continue for two years-or until their successors are elected
and qualified; provided, however, that any vacancy in the office of
the mayor or council shall be filled by a duly qualified voter of the
town of Herndon, to be elected by the remaining councilmen thereof,
and who shall hold office for the remainder of the unexpired term of
such office. Any person entitled to vote in the county of Fairfax,
and residing within the corporate limits of the town of Herndon, shall
be entitled to vote at all elections held under this act of incorporation.

The mayor shalt appoint two qualified voters of the town of Hern-
don as judges of election and another qualified voter of said town as
clerk of such election and the three thus appointed shall hold such
election between the hours of one o’clock, post meridian and sunset,
and they shall- decide any contest in reference to the right of any
individual to vote in said election. The persons receiving the six
highest number of votes among the candidates for councilmen shall
be declared elected councilmen and the clerk of the election and the
judges thereof shall immediately certify the names of the mayor and
councilmen elected, to the clerk of the said town, who shall immed-
iately thereafter make out and deliver to the mayor-elect and the six
councilmen-elect, a certificate of his election. Tie votes shall be
decided as provided by law.

Section 4. Said mayor and councilmen shall meet on the first
week day in September immediately following such election and
qualify by taking oath of office, before the then clerk of the said town;
and may be removed from office by a two-thirds vote of the council-
men on proof of misdemeanor. All members of the council and the
mayor of said town shall serve without compensation. Said council
shall appoint its own time of meeting. Four members of said council
shall constitute a quorum, and in the absence of the mayor, may
appoint any member present to act as mayor.

Section 5. The mayor of the town shall be the presiding officer
of the council and shall have no vote except in case of tie. The said
mayor shall have the power of veto of the resolutions, acts and ordi-
nances of the said council and such resolutions, acts and ordinances
may only be passed over such veto by a two-thirds vote of the mem-
bers of the council present and voting. The said mayor shall have
the authority and jurisdiction of a justice of the peace of Fairfax
county within the corporate limits of said town and for one mile
beyond the said corporate limits, in criminal matters.

Section 6. In addition to the above named officers, there shall
at the same time be elected, by the qualified voters of said town, i
clerk and town sergeant. The clerk shall keep a correct record of all
the proceedings of the council; shall provide the books and make out
a list of property to be assessed, real and personal, within the corpora-
tion, and assess the same according to the best information obtained
by him; and shall issue tickets for the taxes voted by the council,
which tickets he shall deliver to the sergeant when ordered by the
council, and shall have power to administer the oath of office to any
of the town officers, and for said services, he shall be allowed annually
a certain sum, to be named by the council, not to exceed one hundred
and fifty dollars. The sergeant shall collect the taxes voted by the
council, for which he shall be allowed such a salary or commission as
shall be determined by the town council. He shall have the power
and authority of any constable or collector in Fairfax county, and
shall be entitled to the same fees. He shall pay out the money of the
town in his hands on the warrant of the mayor and clerk, certifying
that it is done by the order of the council. He shall perform all the
duties of overseer of road and streets within the corporation, in
accordance with the laws of Virginia and for this purpose, the town of
Herndon is hereby declared to be one of the road districts of the
magisterial district of Dranesville. No road tax shall be assessed
upon the property within the corporation except by the council afore-
said, which road tax shall be expended upon the roads and streets of
said town by the sergeant aforesaid, under the direction of the council.
Said council and sergeant shall have all the powers and perform all
the duties belonging to overseers of roads, under the general road law.
The sergeant shall, before he enters upon the duties of his office,
execute a bond for the faithful performance of his duties, which bond
shall be approved by the council and filed with the clerk.

Section 7. The council shall have power to define and mark the
boundaries of streets, lay out new streets, alleys, lanes and sidewalks;
to provide for surveying, grading, paving, repairing, draining, laying
out, extending, widening, opening, closing, straightening or relocating
any street, sidewalk, alley, lane or sewer in said town; and may con-
demn or purchase the right of way for streets, alleys, lanes or sewers,
which it may determine to be necessary for the public good; to provide
for the removal of nuisances; to provide for the removal of obstruc-
tions of streets, lanes and alleys; and of the establishment of building
lines and building regulations; to prohibit animals from running at
large; to license the ownership of dogs; to impose a license tax on the
owners of dogs, and to make provision for the killing of dogs, whose
owners fail to procure license and pay the tax; to provide and protect
for order and quiet and the observance of the sabbath; to provide and
protect shade trees; to establish, equip and maintain a fire department ;
to divide the corporation into wards; to prescribe regulations in refer-
ence to the public health; to exercise the powers of road commissioners
over the roads and streets of the town; to have control of all property
belonging to the town; to pass all ordinances necessary and proper to
carry into effect the objects of this charter; and to punish the violation
of such ordinances by fine or imprisonment or both; to appoint and
tix the compensation of policemen and such other officers as may be
necessary to enforce the provisions of this charter; and, whenever it
may be satisfied that the public health, comfort or convenience re-
quires it, construct sidewalks, curbings, gutters and sewers along the
streets, avenues, roads and alleys of said town, charging not to exceed
one half of the cost of such construction of sidewalks and sewers upon
each tract or pieces of abutting property to be benefited thereby, as
provided by law, and shall enforce the collection of such special
assessments as provided by law. For the purpose of condemning
rights of way for streets, alleys or lanes, the council shall have the
jurisdiction and authority to exercise it, of courts in the matter of
establishment and alteration of roads.

Section 8. The mayor shall appoint two members of the town
council and one member of the school board of the town of Herndon,
a budget committee, who shall annually, on or before June first of
each year, prepare and submit to the council, an estimate of expenses
for all purposes within the corporation for the ensuing fiscal year.
Such budget, shall, when approved by the town council, become the
basis for taxation for the ensuing fiscal year and said council shall
annually levy, assess and collect the necessary taxes for roads, streets
and schools and corporate purposes on all property within the town
of Herndon, which tax, for all purposes, including schools, excepting
amounts necessary to pay interest, principal or sinking fund of any
bonded indebtedness of the town shall not exceed one dollar and
fifty cents on each hundred dollars of assessed valuation except that
on petition of two thirds of the resident taxpayers within the town,
the council may levy a special corporation tax for the purpose and not
to exceed the amount named in the petition.

Section 9. No indebtedness shall be created beyond the ability
of the council to pay within one year from its ordinary or special,
revenue or resources except on petition of two thirds of the resident
taxpayers within the town, the council may issue notes or certificates
of indebtedness, for the purpose named in the petition, not exceeding
the sum of two thousand dollars.

Section 10. That the council of September first of each year, shall
appoint one school trustee, who, upon qualifying, shall serve for a
term of three years or until his successor is appointed; same may be
removed for cause upon a two thirds vote of the councilmen present
and voting.

Section 11. The town shall constitute a separate road district and
a separate school district. The schgol district shall be known as the
town of Herndon school district. No district road tax and no district
school tax on any property within the corporate limits, shall be col-
lected or assessed except by the council.

Section 12. The school board of the town of Herndon shall
annually, on or before July fifteen, submit to the town council of the
town of Herndon, a statement showing the amount of receipts from
all sources, received and credited to such school board and a detailed
statement of all disbursements, which statements shall be audited by
the committee of the town council, appointed by the mayor thereof,
and action taken thereon as the town council deems proper.
Section 13. The fiscal year of the town of Herndon shall begin on
the first day of July of each year, and shall end on the thirtieth day of
June of the following year.

Section 14. The present town council and officers of the town of
Herndon are hereby authorized to continue in office as such officers or
council, until the next election, as provided herein.

Section 15. This act shall not become effective unless and until
a majority of the qualified voters of the town of Herndon, voting in
the general election to be held on Tuesday succeeding the first Mon-
day in November, nineteen hundred and twenty six, shall vote in
favor of its adoption. It shall be the duty of the electoral board of
Fairfax county to submit the question of the adoption of this act to
the qualified voters of the town of Herndon, upon the ballot used at
said election, in such form as the said board may prescribe; and cause
a copy of this act to be posted in three or more public places in the
town of Herndon, at least thirty.days before the said general election.
At said election, if a majority of the qualified voters of the town of
Herndon vote in favor of its adoption, then this act shall immediately
become effective. The manner of receiving and canvassing the ballot
and making returns and abstract thereof, shall conform in all respects
to the requirements of the general election laws, except that the
certificate of the judges, as to the result of the election upon this
question shall be as follows:

“We hereby certify that at the election held on the............

day of................5. nineteen hundred and twenty six, ......
votes were cast for adoption of the charter of the town of Herndon,
and........ votes were cast against adoption of the charter of the

town of Herndon.

The proper official canvassers of general election results shall can-
vass these returns in like manner as other election returns, and thev
shall certify the number of votes cast for and against the adoption of
such charter, and said canvassers shall file their certificates in the
office of the clerk of the court of Fairfax county, and said clerk shall
report to the council of the said town of Herndon, forthwith, the result
of said election as shown by said certificate; and in event a majority of
voters have voted in favor of said adoption, the said town council shall
spread upon its minutes an order showing that fact, and declaring said
charter adopted; and in event a majority of votes is cast against said
adoption, as shown by said certificate, the said town council shall
enter an order declaring that the said charter is rejected, and the
charter of eighteen hundred and seventy nine remains in full force
and effect.