Minutes 02/13/1979 (2) - Laserfiche WebLink

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') ( ~~ TUESDAY FEBRUARY 13, 1979 The Court feels that Section 15.1-875 and Section 15.1-1250.1 of the Code of Virginia of 1950, as amended, are not applicable to this situation. When the City of Martinsville undertakes to dispose of its surplus water outside of the municipality and within Henry County, it is subject to legislative control of the Board of Supervisors of Henry County and the jurisdiction which it has conferred upon its Public Service Authority. The Court, therefore, feels that the injunction should be made permanent. The appropriate Decree may be prepared. ~- City Attorney Worthy's Memorandum to Council The purpose of this memorandum is to pinpoint what I consider the error in the opinion of Judge Thompson in the above case, a copy of which is enclosed herewith. No one has any argument with the general proposition set forth in the letter opinion that a municipal corporation conducting an extra-territorial public utility is subject to the conditions in force within the outside territory in which it acts, nor is there any quarrel with the more specific proposition that the City of Martinsville, whenever it sells surplus water in Henry County, does so subject to the jurisdiction that the Henry County Board of Supervisors has conferred upon its Public Service Authority. This leaves the question of just what kind of jurisdiction has been conferred upon the Henry County Public Service Authority by its Board of Supervisors? _. Apparently Judge Thompson is of the oplnlon that this jurisdiction is exclusive, or else he would not have reached the conclusion that he did in this case. However, such a conclusion is completely unsupported by the evidence that was adduced at the hearing. The ordinance of August 24, 1970, which gave Henry County PSA county-wide jurisdiction, also contained the following language of limitation: "...none of the powers granted by said Act (the Virginia Water and Sewer Authority Act) shall be exercised by the Authority in the construction, improvement, maintenance, extension, or operation of any project or projects which in whole or in part duplicate or compete with those utilities, public or private, serving substantially the same purposes." Identical language was also contained in the ordinance of 1974 which created the 220 South Water Project. In Fairfax County v. Water Company,