Virtually identical bills designed to establish a Bristol Virginia Utilities authority are moving through the General Assembly, as a lawsuit seeks to invalidate the plan.
On Tuesday, the Senate Committee on Local Government unanimously approved Senate Bill 12, forwarding it to the full Senate, sponsor Sen. William Wampler, R-Bristol, said.
“It will be placed on the uncontested calendar and could be heard Friday, or more likely on Monday, on the Senate floor,” Wampler said in a phone interview Tuesday. “Assuming it passes there, it will then go to the House, where it probably wouldn’t be heard for two to four weeks.”
The legislation would allow the city utilities provider to separate from the city and establish a self-governing public entity – a move that sparked a public outcry and a lawsuit.
City residents Lonnie and Jeanette Whitley filed suit in November contending that the City Council’s approval of the plan constituted a sale of city assets, which should have required a three-fourths or four-vote “super majority” by the five-member council.
In both council votes, the authority plan was approved by a 3-2 simple majority.
Earlier this month, Circuit Court Judge Larry B. Kirksey ruled that the lawsuit will proceed, rejecting the city’s objection that the council vote merely asked the General Assembly to act and didn’t involve selling any assets.
Each bill contains the language:
“The BVU Authority has the same powers and the same limitations and restrictions possessed by Bristol Virginia Utilities on Dec. 31, 2009. The General Assembly therefore deems this to be an entity conversion and for all purposes the BVU Authority is the same entity as Bristol Virginia Utilities, which is hereby converted to the BVU Authority.”
Wampler, who said he informed the committee about the lawsuit during its meeting Tuesday, predicted that the court could ultimately affect the outcome.
“I have the greatest respect for his honor and his court,” Wampler said. “If the court were to rule [against the city], the legislative body would abide by it.”
Two nearly identical versions of the legislation have been introduced in the House. On Monday, House Bill 27 – introduced by Delegates Terry Kilgore, R-Gate City, and Joe Johnson, D-Abingdon – was referred to one of two subcommittees of the House Committee on Counties, Cities and Towns.
Last Friday, Kilgore also introduced House Bill 1327, which is a reorganized version of Bill 27 containing the same language.
“We’ll roll those all into one,” Kilgore legislative aide Gerald Miller said Tuesday.
If approved by the General Assembly, the authority would be created July 1 – assuming there is no legal roadblock.
dmcgee@bristolnews.com | (276) 645-2532
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