Evening star., 1947-04-27

Douglas Gives Board
Opinion on Request
Of Park Commission
Arlington Is legally powerless to-
finance its share Of the cost Of tho
George Washington Memorial Park
way extension with q bond issue,
The County Board was told yester-
day by Commonwealth Attorney
Lawrence w. Douglas.
The National Capital Park and
Planning Commission and the
Arlington Civic Federation earlier
this week requested that an item,
tentatively set at 5000, 900, be In
GUIDED In proposed general improve
ment bonds for land in Unit 8 OF
the parkway. Unit 8 extends from
Spout Run up the Potomac River
10 the Arlington Fairfax Line above
Chain Bridge. The Federal Govern
ment takes title to the land a.
each unit is completed.
II don't know of any Virginia
statute under which bonds can be
Issued If the proceeds are to be
used to pay for land which the
county would not own" Mr.. Douglas
told the board at the courthouse.
Difficulty Seen.
The comment followed his opinion
on the legality of the proposed
s. .000, 900 bond issue for general Inn
He said there may be
some substantial difficulty" In
obtaining bond attorneys required
Of an issue If the County
Board petitions the court for Q
referendum under one State law.
He referred to an act permitting
several contemplated improvements
TO be paid for from proceeds of one
bond issue.
The bond issue as Originally pro-
posed would include items for storm
sewers, a trash and garbage incin-
orator, courthouse improvements,
highway construction, Fairgrounds,
sanitary sewers and a library build
ng. The board had planned to
proceed under authority Of the
States Public Works Administration
statute.
Mr.. Douglas said 1t would be i'm
oerative to proceed under that law
# a referendum is held May az
along with another referendum on
,he School Boards proposed bond
ssue and a third referendum on the
method Of selecting school board
members.
Other State laws under which the
board could proceed require at least
30 days between the boards de-
cision and the date of the election,
Mr.. Douglas said. If the board pro-
ceeded under those laws, the elec-
tion could not be held on May 27,
There probably would be no ques-
tion of bond counsel approval II
the latter laws were followed. he
said. i. n.
Subject to Court Test.
II feel quite certain bond counsel
viii approve the issue voted under
present plans, subject to a court
test to determine the validity Of
the bonds" Mr.. Douglas said.
He also told the board he felt
the court test, which would involve
six to eight months time and carry
ing the case to the Virginia Su-
preme Court of Appeals, would re-
suit In a favorable decision. Mr..
Douglas was directed to submit all
questions concerning the proposed
ISSUE to bond counsel.
After voting to relieve the school
board Of "gentlemen's agreement"
that the two proposed bond is
sues would be voted on at the same
time-the board agreed to confer
with Mr.. Douglas early next week.
The board deferred action on
recommendation of the County Pub
lie Utilities Commission that DR..
John Bauer, q public utilities con-
sultant, be retained to make an
investigation into Rosslyn Gas Co.
rates.
VIII Write to Gas Company.
The recommendation was, pre-.
sented by DR.. Laurence s. Knappen.
utilities commission member, who
said the gas company was continu-
ing to charge the same rates per
heating unit for "its low cost ma
tural gas as 1t did for the higher
cost mixed gas"
The board instructed the Utilities
Commission to write the gas COM
pany inquiring II there are prospects
Of a rate reduction.
The board received a petition from
Miss Natalie Moorman on behalf Of
tenants of two Federal housing
projects for colored persons who are
interested in purchasing the two
projects from the Federal Govern
ment. The petition asked the board
to appoint a committee to "act as
sponsor, Intermediary and counsel
to the group now being formed. The
board deferred action.
A recommendation of the County
Planning Commission that the board
approve purchase, for $40, 500, Of ap-
proximately one acre containing q
stone house as an addition to the
Green Valley playfield was ap-
proved. The board disapproved an
other recommendation by the plan
ming group that IL acres adjoining
the John M. Langston colored school
be acquired as playground.
On request of Daniel A. Dugan,
the board deferred action on EN-
ployment OF firm to audit county
books.
The meeting was recessed until
morning, when the
1947-48 budget will be adopted.
Texas Civ Disaster Fund