Chap. 378.—An ACT to provide a new charter for the Town of Falls Church, in
the County of Fairfax, and to repeal the existing charter of said town and all
other acts or parts of acts in conflict therewith. [H B 415]

Approved March 28, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. The Town of Falls Church, in Fairfax County,
Virginia, shall continue to be a town corporate, and as such shall have
and may exercise all the powers and privileges conferred upon it by this
charter, and also those that are now or may be hereafter delegated to
towns in accordance with the Constitution and laws of the Commonwealth
of Virginia, as fully and completely as though such powers were specifi-
cally enumerated herein, and no enumeration of particular powers by this
charter shall be held to be exclusive.

Section 2. The corporate limits of Falls Church, as heretofore es-
tablished, are hereby re-established as follows: So much of the territories
in the County of Fairfax, together with all the improvements and ap-
purtenances thereunto belonging, as is contained in the following bound-
aries, to-wit: “Beginning at a large planted stone on the estate of the late
J. C. DePutron, at the original Western corner of the District of Colum-
bia, which is also at the corner of Fairfax and Arlington Counties and at
the corner of the Town of Falls Church; thence North seventy-three de-
grees fifty minutes West forty-eight hundred fifty feet to a point; thence
South twenty-five degrees forty-five minutes West four thousand four-
teen feet to a point in the center of West Street; thence South twenty-
one degrees East thirty-one hundred eighty-five feet to a point in the
center line of Fairfax Street; thence with said center line North sixty-
seven degrees fifteen minutes East fourteen hundred eighteen and one-
half feet ; North eighty-nine degrees no minutes East nine hundred eleven
feet; North eighty-seven degrees fifty minutes East sixteen hundred fifty
feet to a point; thence North fifty-six degrees forty-five minutes East one
hundred forty-six feet to a point in middle of said street; thence South
seventy-seven degrees East fifteen hundred thirty-nine feet to a point near
the colored Methodist Episcopal Church; thence South sixty-two de-
grees East fifty-six hundred four feet to a point in the North line of
Georgetown Road; thence with said North line North forty-one degrees
twenty minutes East two hundred fourteen and one-half feet; North
eighty-seven degrees thirty minutes East five hundred sixty-seven feet;
North sixty-two degrees East three hundred seventy-two feet; North
eighty-eight degrees East three hundred seventy-one feet ; South eighty-
two degrees thirty minutes East three hundred thirty-eight and one-half
feet to a point; thence North four degrees fifteen minutes East to the
boundary between Fairfax and Arlington Counties; thence with said
boundary in a Northwesterly direction to the point of beginning’’ con-
taining all that portion of the Town of Falls Church remaining after the
separation of that portion lying in Arlington County. )

Section 3. Powers of the Town of Falls Church—The Town shall
have specifically the following powers and privileges, to the extent that
they, or any of them, may not be prohibited by the Constitution or the
yeneral laws of the Commonwealth of Virginia:
First. To raise annually, by taxes and assessments in the town, such
sums of money, in such manner as the council thereof deems necessary
or expedient for the use, benefit and purposes of the town, in accordance
with the Constitution of the United States, the Constitution of Virginia,
the laws of the Commonwealth of Virginia and the provisions of this
charter. —

Second. To fix or set, levy and collect taxes on property, subject
to limitations prescribed by the Constitution and laws of Virginia in
force at the time of imposition of such taxes; provided, however, that the
tax for all purposes on property within the town shall not exceed one
dollar and forty cents ($1.40) on each one hundred dollars ($100.00) of
assessed valuation except (a) for amounts necessary to pay interest,
principal, or sinking fund of any bonded indebtedness of the town, (b)
taxes for fire protection, (c) special assessments for local improvements,
water works and sewer system, and (d) taxes that the general laws of
Virginia permit towns to levy in excess of their charter limitations. The
fire protection tax levied by the town shall be the only such fire protec-
tion tax levied therein.

Third. To impose special or local assessments for local improve-
ments, and to enforce payment thereof, subject to such limitations pre-
scribed by the Constitution and laws of Virginia as may be in force at
the time of the imposition of such special or local assessments.

Fourth. To impose licenses by ordinance upon businesses, trades,
professions or callings, and upon persons, firms, associations or corpora-
tions engaged therein or offering to do business within the boundaries of
the town, whose principal office is or is not located in said town, except
when prohibited by general law, whether or not a license may be re-
quired therefor by the State. The fee for such license may exceed the
State license fee if any be required.

Licenses may also be imposed upon and a fee therefor collected
from persons, firms, or corporations selling and delivering at the same
time at other than a definite place of business, goods, wares or merchan-
dise, to licensed dealer or retailers in the town.

For every license issued or transferred under this charter, there may
be prescribed by ordinance a reasonable charge or fee, for issuing or
transferring the same. Such charges or fees shall be paid into the town
treasury.

Fifth. To incur liabilities or debts, borrow money, and execute or
issue evidences of indebtedness; however, no indebtedness shall be cre-
ated beyond the ability of the council to pay within the current fiscal year
from its ordinary or special revenues or resources, except in the follow-
ing manner: The council, upon its own motion, may order a special elec-
tion, as hereinafter provided, to determine whether such indebtedness
shall be created; or there may be presented to the council a petition
signed by at least one-fourth of the bona fide resident freeholders of the
town, male or female, twenty-one years of age or over, requesting the
council to order a special election to determine whether such indebtedness
shall be created. Pursuant to such motion or petition, the council shall or-
der a special election, to be held within thirty days, to determine whether
such indebtedness shall be created, and at least twenty days’ notice of such
election shall be given by the council, and the purpose and amount of said
proposed indebtedness shall be stated in said notice. At this special
election only the bona fide resident freeholders, at the date of said notice,
twenty-one years of age or over, male or female, shall be entitled to vote.
If a majority of those voting shall vote in favor of such indebtedness the
council shall within thirty days proceed in the manner prescribed by law.

For the purpose of such election the bona fide resident freeholders of
the town on the date of notice of such election, twenty-one years of age
or over, male or female, shall be determined in the following manner: At
least twenty days prior to such election the council shall ascertain and
record on an official list the names of such freeholders and shall pub-
lish forthwith such list by posting copies thereof in at least three public
places in the town. On such posted copies notice shall be given of the
time and place of a meeting of the council (to be held not less than seven
nor more than ten days before such election) for the purpose of correct-
ing said official list, and at such meeting or any adjournment thereof the
council shall make such additions or eliminations or both as ascertained
facts shall require. The official list as thus corrected shall constitute the
final and authoritative determination of the persons qualified to vote in
such freeholders’ election.

Sixth. To expend the money of the town for all lawful purposes.

Seventh. To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein, within or
without the town, for the use and benefit thereof; and to hold, improve,
sell or lease the same, or any part thereof, including any property now
owned by the town.

Eighth. To construct, maintain, regulate or operate public im-
provements of all kinds, including municipal and other buildings, grounds
and structures necessary or appropriate for the use and proper operation
of all the various departments of the town.

Ninth. To own, operate and maintain water works, and to acquire
in any lawful manner, in any county of the State or from the United
States Government such water, lands, property rights and riparian rights
as the council deems necessary for the purpose of providing an adequate
water supply to the town and within the discretion of the council to adja-
cent areas in Fairfax County, and of piping or conducting the same; to
lay all necessary mains and service lines, within or without the corporate
limits of the town; to erect and maintain all necessary dams, pumping
stations and other works in connection therewith; to make reasonable
rules and regulations for promoting the purity of its water supply, and
for protecting the same from pollution and for this purpose to exercise
full police powers and sanitary patrol over all lands comprised within the
limits of the watershed tributary to any such water supply, wherever such
lands may be located within this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations and to pre-
vent by injunction any pollution or threatened pollution of such water
supply, and any and all acts likely to impair the purity thereof; and to
carry out the powers herein granted, the town may exercise within the
708 ACTS OF ASSEMBLY [va., 1946

State all powers of eminent domain provided by the laws of this State.

Tenth. To acquire, construct, own, operate and maintain electric
light or gas works, either within or without the corporate limits of the
town, and to supply gas or electricity whether the same be generated or
purchased by the town, to the customers or consumers, both within and
without the corporate limits of the town, at such price and upon such
terms as may be prescribed by the council; and to that end, it may con-
tract to purchase electricity or gas from the owners of any such works
upon such terms as it may deem necessary or expedient.

Eleventh. To establish, impose and enforce the collection of water,
light, gas and sewage rates, and rates and charges for other services,
products, or conveniences operated or furnished by the town; and the
council may prescribe a different rate to be paid for such services and
conveniences rendered to users or customers without the corporate limits
of the town.

Twelfth. To survey, establish, enter, open, widen, extend, grade,
construct, pave, maintain, light, sprinkle or clean public streets, high-
ways, alleys, sidewalks, parkways or parks or to relocate, alter or close
the same; to regulate the weight of loads to be hauled or carried over or
upon the streets ; to regulate the use of all such highways, parks, streets,
alleys, parkways and public places; to prevent the obstruction, destruc-
tion or injury to any of such streets, alleys or highways; to require any
railroad company operating a railroad at the place where any highway
or street is crossed within the limits of the town to construct and main-
tain adequate crossings and to erect and maintain at such crossing any
style of gate or warning signal deemed proper; to regulate the operation
and speed of all cars, motorcycles, bicycles or vehicles upon said streets
or highways as well as the speed of all engines, cars, or railroad trains
within the town; to permit or prohibit towers, poles or wires for electric,
telephone, telegraph, radio, or television purposes to be erected or wires
or gas lines to be laid in the streets or alleys, and to prescribe and collect
an annual charge for such privileges hereafter granted; to require the
owner or lessee of any electric light, telephone, telegraph, radio, or tele-
vision tower, poles or wires now in use or hereafter erected to change
the location or remove the same.

Thirteenth. To acquire by gift, purchase or by the exercise of the
power of eminent domain within this State, land or any interest or estate
in land, rock quarries, gravel pits, sand pits, water or water rights and the
necessary roadways thereto, either within or without the town, or acquire
and install machinery and equipment and build the necessary roads or
tramways thereto, and operate the same for the purpose of producing
materials required for any and all purposes of the town.

Fourteenth. To establish, construct, maintain, repair, alter or re-
locate sanitary sewers, sewer lines, or cisterns and to require the abutting
property owners to connect therewith, and to establish, construct, maintain
and operate sewage disposal plants, and to acquire by condemnation or
otherwise, within or without the town, all lands, rights of way, and other
rights and easements necessary for the purpose aforesaid, and to assess.
charge and collect reasonable fees, licenses, taxes, assessments or costs
of service for connecting with and using the same; collection of such fees,
licenses, taxes, assessments or costs of service shall be enforced by the
town as collection of other taxes and levies is enforced.

Fifteenth. To grant franchises for public utilities, subject to the
provisions of the Constitution and general laws of the Commonwealth of
Virginia.

Sixteenth. To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or other plants for
the utilization or destruction of any or all of said materials.

Seventeenth. To compel the abatement of nuisances within the
town, or upon property owned by the town beyond its limits, at the ex-
pense of the person, persons, corporations or firms causing the same, or
of the owner or occupant of the grounds or premises whereon the same
may be, and collect said expense by suit or motion, or by distress and
sale; to require all lands, lots or other premises within the town to be
kept clean, sanitary and free from stagnant water, weeds, filth, unsightly
deposits and shrubbery overhanging public streets and sidewalks or to
make them so at the expense of the owners or occupants thereof ; to pass
and enforce any ordinances that may be necessary to the public safety
for the control of dogs; to regulate or prevent noisome or offensive busi-
ness within the said town, the keeping of hogs, or other animals, poultry
or other fowl therein or the exercise of any dangerous or unwholesome
business, trade or employment thereon; to regulate the transportation
of all articles through the streets of the town; to compel the abatement
of smoke and dust, and prevent unnecessary noise; to regulate the loca-
tion of stables and the manner in which they shall be constructed or kept;
to regulate the location, construction, operation or maintenance of bill
boards; to provide how, when and under what conditions awnings may
project over the streets and sidewalks from buildings, and the manner
in which sidewalks may be used for advertising or display signs or mer-
chandise; to generally define, prohibit, abate, suppress and prevent all
things detrimental to the health, morals, aesthetics, safety, convenience
or welfare of the inhabitants of the town; to provide for order and quiet
and the observance of the Sabbath.

Eighteenth. The council may, in its discretion, appoint a board of
health for the town and invest it with authority for the prompt and ef-
ficient performance of its duties.

Nineteenth. :To provide by ordinance for a system of meat and milk
inspection and to appoint milk and meat inspectors, agents or officers
to carry the same into effect, within or without the corporate limits of the
town; to license, regulate, control and locate slaughter houses within or
without the corporate limits of the town; to make reasonable charges for
such services of inspection; and to provide reasonable penalties for the
violation of such ordinances.

Twentieth. To inspect, test, measure or weigh any commodity or
article offered for use or consumption to persons within the town; and to
establish, regulate, license or inspect weights, meters or scales employed
or used within the town and charge and collect fees therefor.
710 ACTS OF ASSEMBLY [va., 1946

Twenty-first. To establish, maintain and operate a landing field or
airport within or without the town and for such purposes to acquire real
estate by gift, lease, purchase or condemnation; to lease such landing
fields or airport to others to be used for any lawful purposes; to erect
and maintain buildings and appurtenances necessary for the use of such
landing field or airport and to prescribe and enforce rules and regula-
tions, not in conflict with laws, rules and regulations prescribed by the
State of Virginia and the Federal Government, for the use and protec-
tion of such landing field or airport.

Twenty-second. To prevent or extinguish fires, and to establish,
regulate, and control a fire department or division; to purchase and
maintain fire hydrants, to compensate the water department of the town
for water used in fighting fires and for other similar purposes ; to regulate
the size, heights, materials and construction of buildings, fences, walls,
retaining walls or other structures hereafter erected, in such manner as
the public safety or convenience may require; to establish building lines
and building regulations; to remove or require to be removed or recon-
structed any building, structure or addition thereto, which by reason of
dilapidation, defect of structure, or other causes, may have become dan-
gerous to life or property, or which may be erected contrary to law; to
establish or designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, removed to, added to, enlarged,
or repaired and to direct that any and all future buildings within such
limits shall be constructed of stone, natural or artificial, concrete, brick,
iron or other fireproof material; and to enact stringent and efficient laws
for securing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.

Twenty-third. To provide, permit or prohibit the establishment of
places for the interment of the dead and regulate the same and also those
heretofore established and to provide as near to the town as the council
deems advisable lands to be used as burial places for the dead; to 1m-
prove and care for the same and the approaches thereto, and to charge
for and regulate the use of the ground therein; and to provide for the
perpetual upkeep and care of any plot or burial lot therein; the town is
authorized to take and receive sums of money by gift, bequest, or other-
wise, to be kept invested and the income therefrom used in and about
the perpetual upkeep and care of the lot or plot for which such donation,
gift, or bequest shall have been made.

Twenty-fourth. To exercise full police powers and establish and
maintain a department or division of police.

Twenty-fifth. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals or similar shows of fairs, or
prohibit the holding of the same or any of them within the town.

Twenty-sixth. To make and enforce ordinances to regulate, control,
license and tax the manufacture, bottling, sale, distribution, handling, ad-
vertising, possession, dispensing, drinking and use of alcohol, and all
liquids, beverages and articles containing alcohol obtained by distillzation.
fermentation or otherwise; provided, however, that no such ordinzance:
shall be in conflict with any of the provisions of the Alcoholic Bev erag
Control Act or the general laws of this Commonwealth with respect to
such alcoholic beverages, liquids, and articles.

Twenty-seventh. To pass and enforce all by-laws, rules, regulations,
and ordinances which the council deems necessary for the good order and
government of the town, the management of its property, the conduct of
its affairs, the peace, comfort, convenience, order, morals, education,
general welfare, trade, health and protection of its citizens or their prop-
erty, and to do such other things and pass such other laws as are nec-
essary or proper to carry into full effect all power, authority, capacity, or
jurisdiction, which is or shall be granted to or vested in the town, or in
the council or officers thereof, or which are necessarily incident to a
municipal corporation.

Twenty-eighth. To prescribe in accordance with the law any penalty
for the violation of any town ordinance, rule, or regulation or of any
provision of this charter. To provide, by ordinance, that where a fine and
costs imposed upon any person for violation of a town ordinance shall
not be promptly paid the official trying the case may, in his discretion,
either commit such person to jail until such fine and costs shall be paid, or
require him to work out such fine and costs on the streets or other im-
provements of the town at a rate per day equivalent to the prevailing
wages for similar work at that time, in the town, provided, that no per-
son shall be committed to jail or required to work for longer than ninety
days for nonpayment of such fine and costs.

Twenty-ninth. To prohibit and punish for mischievous, wanton, or
malicious damage to public and private property.

Thirtieth. The town may maintain a suit to restrain by injunction
the violation of any ordinance, notwithstanding punishment is provided
for the violation of such ordinance.

Section 4. A lien shall exist on all real estate within the corporate
limits for taxes, levies or assessments in favor of the town, levied or as-
sessed thereon from the commencement of the year for which the same
was levied or assessed, and the procedure for collecting such taxes and
for selling real estate for town taxes shall be the same as provided by
the general laws of this Commonwealth, except that the council may, in
its discretion, impose upon all taxes not collected prior to the first day
of January of each year a penalty of one per centum on the first day of
each succeeding month until payment of said taxes and accrued penalties
which shall be turned into the town treasury. The council shall have
the benefit of all other remedies for the collection of town taxes which
are now, or may hereafter be permitted under the general law of the
State, including the power to distrain goods and chattels for failure to pay
taxes levied thereon.

Section 5. Administration and government.—The administration
and government of the town shall be vested in a council consisting of one
principal officer, styled the mayor, and six councilmen. The mayor,
ind councilmen, shall be electors of the town to be chosen as hereinafter
provided, from the residents and electors of the town, and their qualifi-
‘ations to hold office, respectively, shall be the same as required of per-
sons to vote and hold office under the Constitution and laws of the
Commonwealth of Virginia. The mayor and the councilmen in office
at the effective date of this act shall continue in office until the expiration
of the terms for which they were elected. An election for mayor and
three councilmen to fill the vacancies caused by the expiration of the
terms of office of the mayor and three councilmen shall be held on the
second Tuesday in June nineteen hundred forty-six, and every two years
thereafter and on the second Tuesday in June nineteen hundred forty-
seven, and every two years thereafter, there shall be elected three council-
men to fill the vacancies caused by the expiration of the terms of office
of the councilmen in those respective years. The terms of office of the
mayor and councilmen thus elected shall begin on the first day of Sep-
tember succeeding their respective elections, and shall continue for two
years, or until their successors are elected and qualified. If any person
be expelled from the council, a new election to fill the vacancy thus cre-
ated shall be held within thirty days on such day as the council may pre-
scribe, on not less than ten days’ notice. Any other vacancy in the of-
fice of mayor or councilman shall be filled within thirty days, from the
electors of the town, for the unexpired term, by a majority vote of the
remaining members of the council; provided, however, that a vacancy in
the office of mayor may be filled from their own body by the council.

Section 6. Any persons residing within the corporation limits of
the Town and duly registered by the town clerk and qualified according
to law shall be entitled to vote at all municipal elections. All elections for
the officers of the town shall be conducted by the town clerk and two
members of the council whose terms of office do not expire within the
year.
Section 7. The council shall be judge of the election, qualification
and returns of its members and if a person returned be adjudged dis-
qualified or in the event of tie votes the council, upon the written request
of any candidates affected, shall order a new election to fill the vacancy
or break the tie, such election to be held at the same place, on such day
as the council prescribes, provided that the written request of any such
candidate shall be filed with the council within ten days after the election,
otherwise the council may declare a vacancy in such office and fill the
same from the electors of the town by a majority vote of said council. All
officers shall qualify by taking the oath of office before the clerk, or other
officer authorized to administer oaths, and shall give such bond as the
council requires.

Section 8. Notice of candidacy for office shall be given, and the
ballots to be used in any election in the said town shall be prepared, print-
ed and distributed in the manner prescribed by law.

Section 9. Town officers.—The officers of the town, in addition to
the mayor and councilmen, shall be a clerk, a treasurer, and in the dis-
cretion of the council a sergeant and a deputy sergeant. All officers,
with the exception of the deputy sergeant, shall be electors of the town.

Section 10. The council may, by ordinance, provide for such other
officers, agents and employees as it deems appropriate, prescribe their
duties and fx their compensation.

Section 11. The council shall meet annually on the first working
day of September to qualify the new members, to organize, and to elect
from among the voters of the town a town clerk, a town treasurer, and a
town sergeant. The office of treasurer and clerk may be filled by the
same person.

Section 12. The council shall fix the salaries or other compensa-
tion of the treasurer, clerk, sergeant, deputy sergeant and employees.

Section 13. The council shall, by ordinance, adopt such rules as it
deems proper for the regulation of its proceedings and the time of its
meetings.

Section 14. The council may fine a member for disorderly conduct
and with the concurrence of two-thirds vote of the council expel a mem-
ber in accordance with the Constitution and general laws of the Com-
monwealth of Virginia.

Section 15. Four councilmen shall constitute a quorum for the
transaction of business, and no ordinance or resolution shall be passed or
adopted having for its object the levying of taxes or contracting a debt
except by a recorded concurring vote of two-thirds of the members of
the council.

Section 16. All meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members de-
clares that the public welfare demands on executive session of the coun-
cil. Any citizen may have access to the minutes.

Section 17. The mayor shall preside at all meetings of the council,
and in his absence or inability to act a majority of the councilmen in at-
tendance shall elect a presiding officer. The mayor shall have no vote
except in case of tie. The mayor shall have the power of veto of the
resolutions, acts, and ordinances of the council and such resolutions, acts
and ordinances may be passed over such veto by a two-thirds vote of the
councilmen present.

Section 18. The mayor shall be chief of police; he shall have au-
thority and jurisdiction, civil and criminal within, and in criminal mat-
ters one mile beyond the corporate limits ; provided, that the council may,
in its discretion, create by ordinance the office of trial justice; and may
appoint a trial justice for the town. Such trial justice may, insofar as
not in conflict with the general laws of the Commonwealth relating to
trial justices, have jurisdiction and powers similar to the jurisdiction and
powers of police justices in cities of this Commonwealth. The term of
office of such trial justice shall not be for a term beyond that of the mayor
in office at the time of his appointment. The council shall fix the com-
pensation, if any, of the trial justice, but the amount of such compensa-
tion shall not depend in any way upon the fines, fees, or costs collected
as a result of violation of town ordinances.

Section 19. The mayor shall be the chief executive officer of the
town; he shall have and exercise all power and authority conferred by
general law on mayors of towns not inconsistent with this charter; he
shall perform such other duties consistent with his office as are imposed
by the council; the mayor shall see that the duties of the various town
officers, members of the police and fire departments, whether elected or
appointed, are faithfully performed; he shall also have the power to
suspend such officers and the members of the police and fire departments
and other employees, for misconduct in office or neglect of duty, until the
next regular meeting or special meeting of the council, when such sus-
pended officer or employee may present testimony in his defense to the
council and the decision of the council shall be final; in the event of the
inability of the mayor to discharge his duties, except as presiding officer
of the council, his place may, in the discretion of the council, be filled and
his duties discharged, until such disability shall cease, by a member of
the council, who shall be elected by a majority of the council and who shall
be designated mayor pro tem. The mayor shall be the official head of the
town. In times of public danger or emergencies, he may take command
of the police and maintain order and enforce laws, and for this purpose
may deputize such assistant policemen as may be necessary. The mayor
or person acting as mayor shall authenticate by his signature such docu-
ments or instruments as the council, this charter, or the laws of the Com-
monwealth require.

Section 20. The treasurer shall receive all money belonging to and
received by the town and keep a correct account of all receipts from all
sources, and expenditures of all departments. He shall collect all taxes,
levies, licenses, assessments, fees, water rents and other charges belong-
ing to and payable to the town and for that purpose he is hereby vested
with any and all powers which are now or may be hereafter vested in
county and city treasurers, for the collection of county and city taxes
under the general law; he shall keep and disburse all moneys or funds in
such places and in such manner as may be determined by ordinance or
the provisions of law applicable thereto. He shall pay no money out of
the treasury except in the manner prescribed by ordinance or the general
law, and shall make such reports and perform such other duties not in-
consistent with the office as are required by the mayor or by resolution
and ordinance of the council. The treasurer shall not be entitled to any
commission for handling the funds of the town but shall be paid such
salary as the council prescribes, and before entering upon the duties of
his office shall execute a bond in such amount and with such security as
the council by ordinance prescribes. The council, in its discretion, may
provide that unpaid delinquent taxes which are five years in default shall
not be included in the amounts for which the treasurer is required to fur-
nish bond. The council may, in its discretion, and if it deems it necessary
or convenient, appoint some person or persons from the electors of the
town to assist the town treasurer in the collection of all taxes and assess-
ments, water rents and other charges belonging to and payable to the
town, which person may be the sergeant, deputy sergeant, or superin-
tendent of water works, but before entering upon the discharge of such
duties, such person shall execute a bond in such amount and with such
security as the council, by ordinance, prescribes.

Section 21. The council may provide that the premium on any
surety bond shall be paid by the town.

Section 22. The town clerk shall be clerk of the council, shall at-
tend all meetings thereof and shall keep a record of its proceedings. He
shall be the registrar of all voters of the town and clerk of all elections
held under this charter. He shall keep all papers, documents and records
pertaining to the town, the custody of which is not otherwise provided
for. He shall be custodian of the town seal and shall attest the same,
and shall perform such other duties as are required by general law or by
the council by ordinance or resolution.

Section 23. If the council elects a town sergeant he shall have the
same powers and discharge the same duties as were formerly had and
discharged by constables, within the corporate limits of the town and to
a distance of one mile beyond the same; he shall perform such duties as
may be required of town sergeants by general law, and such other duties
not inconsistent therewith as are required of him by ordinance or resolu-
tion of the council.

Section 24. For the purpose of representation on the county school
board of Fairfax County, the Town of Falls Church shall constitute a
separate school district under a town school board of three members ap-
pointed by the town council. On or before September first, nineteen
hundred and forty-six, the council shall appoint the three members of
the town school board, one for a term of one year, one for a term of two
years and one for a term of three years, beginning September one, nine-
teen hundred and forty-six ; and annually thereafter one member shall be
appointed for a term of three years. The town school board shall desig-
nate or appoint one of its members to serve as a member of such county
school board. The town school board is authorized to take and receive
sums of money by gift, bequest or otherwise to be kept invested and the
income therefrom or the principal thereof to be used in and about the
school for scholarships, for assisting persons in obtaining an education
or for the school purposes for which such donation, gift, or bequest shall
have been made; the members of the town school board in office at the
effective date of this act shall continue in office until their successors are
elected and qualified.

Section 25. The council may require the attendance of its officers,
agents, appointees or employees at its meetings and may further require
that reports be submitted.

Section 26. A\ll fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and when
collected, shall be forthwith paid into the town treasury.

Section 28. All the rights, privileges and property of the town
heretofore acquired, now owned or enjoyed, shall continue undiminished
and remain vested in the town; and all the ordinances, and resolutions
of the council now in force and not inconsistent with this act shall con-
tinue in full force and effect until amended or repealed.

Section 29. The enumeration of particular powers and authority
in this charter shall not be deemed nor held to be exclusive but in addi-
tion to the powers herein enumerated, implied hereby or appropriate to
the exercise thereof, the town shall have and may exercise all other pow-
ers which are now or may be hereafter conferred upon or enjoyed by
towns under the Constitution and general laws of this Commonwealth.

Section 30. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent jurisdiction
to be invalid, such judgment, order or decree shall not affect, impair, or
invalidate the remainder of said act, but shall be confined in its operation
716 ACTS OF ASSEMBLY [va., 1946

to the clause, paragraph or part thereof directly involved in the contro-
versy in which said judgment, order or decree shall have been rendered.

Section 31. All contracts and obligations heretofore made by the
council and government of the Town of Falls Church, not inconsistent
with this charter or the Constitution and general laws of this Common-
wealth, shall be and are hereby declared to be valid and legal.

2. Chapter three hundred sixteen of the Acts of Assembly of eight-
een hundred seventy-four-five, approved March thirty, eighteen hun-
dred seventy-five, which chapter incorporated the town of Falls Church,
and all acts amendatory thereof, are hereby repealed ; and all other acts in-
consistent with any of the provisions of this act are hereby repealed to the
extent of such inconsistencies.

3. An emergency exists and this act is in force from its passage.