Evening star., 1942-02-22
Annexation Plan
IsPressed by
Falls Church
Officials Seek Action
Despite McCondIish
Bill to Block 1t

VOiVulS duJdCcuG rdlldA Soulity
areas, despite the introduction OF
legislation to block such move and
in the face of complications which
would arise If Arlington County
becomes an incorporated town.
Followikng disclosure in The Star
last week that an enabling set is
to be introduced in the General
Assembly permitting Arlington citi-
zens to vote in a referendum on
incorporation, Town Attorney John
A. K. Donovan of Falls Church
said he plans to file suit IN the
Fairfax County Circuit court Tues
day to annex territory adjacent to
that town in Fairfax County.
A bill introduced Friday in the
Virginia General Assembly by Dele
gate Robert j. McCandlish, jr., pro-
yides that no annexation proceed
ings shall be instituted for the pur-
nose of annexing any part OF the
area of any county in this Com
monwealth adjoining the District OF
Columbia during the war period.
Since Fairfax County is not i'm
mediately adjacent to the District,
Mr.. McCandlish has announced
that he will amend the bill in COM
rnittee to include counties which
adioin counties adjacent to WASH
ington.
Would Run Until 1914.
The measure, which also states
that nothing in 1t shall be con-
strued to affect or prohibit the Gre
alton and incorporation OF new
cities, would expire 80 days after
adjournment of the next session
of the General Assembly in 1874.
It carries an emergency clause,
which would put it in force as soon
as passed.
The bill points out that due to
the rapidly growing population IN
counties adjacent to the District OF
Columbia and the consequent con-
struction of housing projects. any
annexation during this period would
result in considerable confusion with
respect to taxation, building regu-
lations and other controls.
Virginia law prohibits any munich
pality from anneXing any other area
that is already incorporated as a
city, except under certain condl-
tions. However, any city may an
mex any incorporated town, such
as Falls Church, or portion of a
county, If the area to be taken in
is contiguous to the city and pub
lie necessity and expediency can be
shown.
The court proceedings by Falls
Church to annex Fairfax County
territory would raise the town to
the classification of second or first
class city, but in either case to
status which would protect it from
annexation by court action by the
proposed city of Arlington.
Similar Bill Recently Killed.
The House OF Delegates recently
killed a bill by Delegate Ben Chap
man of Roanoke County designed to
freeze all annexation suits until
1914 Because Mr.. Chapman's bill
was objected to as a Legislative
injunction to restrain the courts
by some of those who voted against
it, the McCandlish measure may be
expected to meet the same type Of
opposition from those legislators
who wish to remain consistent. The
fact that Mr.. McCandlish's bill is
local in application to the Fairfax
area, however, may give 1t the sup
port which is customary for local
bills"
ArHngton's proposed incorporation
already has created much comment,
but official reaction was being with
held pending disclosure of the con-
tents of the charter for the pro-
posed city.
Senator William D. Medley and
Delegate Charles R. Fenwick. both
of Arlington, said they expect to
have the enabling act, including the
charter, drafted for introduction
this week They would not disclose
the contents of the city plan until
they have completed their study OF
other city charters and have fin
ished drawing the bill.
In the event Arlington voters
carried the referendum in favor of
incorporation, one of the first steps
expected to follow would be the
annexation of Falls Church if the
latter community remains town.
Arlington is already called on to
provide sewer service for Falls
Church and efforts are being made
to have that county provide sewer
and water facilities to other adjoin-
ing subdivisions in Fairfax County.
Tax Revenues Desired.
If such facilities are provided,
county officials believe they should
receive the tax revenues from the
outside areas, step which annexa-
tion into Arlington would make
possible.
If the town of Falls Church an
nexed sufficient territory to become
a city its consolidation with the
proposed city of Arlington would
be more difficult, but not impossible.
Where one city desires to annex
an adjoining city the city council
of the first municipality passes an
ordinance declaring the necessity
and expediency of consolidation and
requests the city council of the
second municipality to take similar
action, Mr.. Donovan explained.
If the councils of both cities pass
such ordinances the consolidation
is brought about by court order.
In the event the council of the
second city declines to pass such
an ordinance the first city may
petition the court to order a refer
endum of voters in the second city
which shall determine the issue