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Lawyer: Century Can’t Give Free Water To Residents With Bad Service
April 7, 2009
The Century Town Council has rescinded an offer of free water service to residents on Backwoods Road after the town’s attorney advised them it might not be legal.
Back in February, the council voted to waive water charges for residents on Backwoods Road because of poor water pressure, muddy water and sometimes the lack of water because the area is served by a pipe just two inches in diameter. The council had decided to take a wait-and-see approach to find out if they might be eligible for federal stimulus money to fund a water system improvement in the area.
But Town Attorney Matt Dannheisser advised the council in an email that the goodwill gesture was probably not legal due to a town ordinance that states, in part, “No water nor sewer disposal service shall be furnished or rendered free of charge to any person, firm, or corporation whatsoever…”
Dannheisser said in the email he was asked if a “waiver” would be the same as providing free service, and he responded that he believes it would be based upon the definition of the word and the fact the residents would receive free service.
The council could consider rescinding the ordinance prohibiting free service, Dannheisser advised, but there might be restrictions imposed by finance bonds on the water system.
“Do we bill or not bill,” Mayor Freddie McCall asked the council after a discussion. “Right now we are breaking the law.”
Council member Gary Riley said he knew that it would not be popular, but he made a motion to rescind the free water offer. The motion passed 3-1 with councilman Henry Hawkins voting no and councilwoman Sharon Scott absent.
Hawkins said if he were a resident of Backwoods Road, “I would have sued this town. They deserve water like everyone else.”
The town had a potential funding source for the Backwoods water project in the works. Congressman Jeff Miller has requested about $2 million in funding for Century water improvements, as first reported by NorthEscambia.com on Saturday morning (click here to read).
At the request of the mayor, Council President Ann Brooks read the entire NorthEscambia.com article to the council.
“I was excited by that,” McCall said when he learned of Miller’s decision in the NorthEscambia.com article.
Pictured: Century Council President Ann Brooks reads an email from Town Attorney Matt Dannheisser during Monday night’s Century Town Council meeting. NorthEscambia.com photo, click to enlarge.
Comments
12 Responses to “Lawyer: Century Can’t Give Free Water To Residents With Bad Service”
To concerned – the folks on Backwoods Road are not inside the Century town limits, the last time I looked. They are county residents.
Your point is well taken, though – they are supposed to get service if they are paying for it – the suggestion someone made that the town charge them a small rate might meet legal requirements until they can get better service.
Someone else wrote that Jeff Miller made a big announcement about the two million dollars for the town to upgrade that service – but what’s this about him not even voting FOR the bill that contained the appropriation?
To Century Resident: AMEN!!!!!!
I think if ECUA steps in it would be great….. People need to look back and see what the town of Century has done…NOTHING… The last mayor we had is still in trouble for letting her son have free services… It’s always somthing with this town… It’s not just one person complaing it several… As for trash flying out I guess you didnt read or hear what Larry walker had to say about that: ” If people would tie up their trash in a bag besides just throwing trash in their can then trash would not be flying out. ” I live in Century and it’s pretty sad that I have to talk against them but people need to wake up.. We are not going to have a town.. No one is doing anything to help and when someone does it just gets knock back down.. And when you go to a town meeting it’s silly… All people want to do is fight like little kids… Its sad but true.. If you ask around no one has anything good to say about this town it’s always negative.!!!
Just remember when ECUA takes it over, it is THEIR rates, THEIR service (keep in mind the trash blowing off the NEW trucks for garbage we are dealing with), and o yea when THEIR water goes bad or runs out, THEY will have access to yours. The problem with ALL the government systems is NO ONE thinks it will happen to them and NO ONE wants to think over ten seconds into the future. It is not just drugs people need to say NO to, sweep your porch first, if it ain’t working at your house (ECUA) then don’t try to sell your song and dance to me.
Excuse me but backwoods residents are HUMANS and they are Century RESIDENTS!!!
How sad is this…. This whole town is going to be in trouble…. I agree ECUA needs to step in and take over…This town can’t even do things right… If their not robbing folks for charging them an arm and leg for gas and water then they don’t want to give someone services. This town is in need of HELP!!!! When is someone going to relaize this… when it’s to late? No wonder no one wants to live here.
When was the Backwoods area annexed into the Century town limits?
LOL!!! This whole town is a joke and I live in it. No wonder we lost our school we can’t even get our water right.
Why can’t they just charge them a dollar for the inadequate service…that way the acknowledge the poor service and at the same time are not in violation of the required fee ordinace…
It is amusing that Rep Miller requested the appropriation for the project, then voted against the budget bill that it was in…saying it was too expensive and had too many appropriations attached to it…lol
The council wouldn’t have had to rescind the “free water service” had they obtained the advice of their attorney BEFORE making the offer to these residents!!
You’d think that maybe just one of the councilmembers would’ve thought to get legal advice before getting themselves (once again) in deep do-do!!
The bottom line is why would people to pay for something they’re not getting. Century has yet again created another town council quagmire filled with indecision and the common denominator: lawyers. Remember not to long ago, the sniveling town council in its litigation conquest to sue the school board because it’s going to close the failing school. The town was going to have the money for that, but not to fix the water system for Backwoods’ residents.
This is just another example of Century not being able to even provide basic services for its citizens and town government shouldn’t even exist in the first place. Turn the utilities over to ECUA and let them use their infrastructure to upgrade and repair the water system. Cancel the town’s charter and let the county run the other inept functions of Century’s so called “town government.”
Oh please. Providing poor service is illegal now but they’re mortified to “illegally” waive the fee.
Citizens shouldn’t have to sue to get the services they pay for. And most people can’t afford to throw down 2 or 3 thousand dollars just to get started with a lawyer. Maybe city and county governments should have to pay for a lawyer everytime they need one as well, instead of using our tax dollars to have one on staff so they can sit back and protect themselves from the “citizens”. Problems might get resolved a lot quicker that way.