By Adam Smith

The North Jefferson News



Another north Jefferson County city has passed a resolution stating opposition to proposed non-user fees to help pay down a $3.9 billion county sewer debt.

On Monday night, the Gardendale City Council unanimously opposed a court-appointed special master’s recommendation that would assess fees against residents who do not utilize the county’s sewer system.

Those fees include a monthly $20 clean water charge for septic tank users and a $30 reserve capacity charge for those who have sewer access but are not connected to the system.

The town councils of Warrior, Kimberly and Morris have passed similar resolutions at recent meetings. On March 9, the City of Fultondale passed a resolution to request an opinion from state Attorney General Troy King on the legality of a city adopting a binding ordinance opposing the non-user fees.

Fultondale Mayor Jim Lowery said the city’s attorney has advised the council that any ordinance, or law, passed against the user fee could be non-binding and to seek King’s opinion.

“I don’t want to pass an ordinance because it’s a feel-good ordinance,” Lowery said. “If we pass something, I want to make sure it’s enforceable. I don’t want to pass something that gives our citizens a feeling of false security.”

Fultondale City Councilman Greg Morris, who is also the city attorney for the cities of Irondale and Graysville, wrote ordinances for those cities that threaten to jail or fine any county officials who try to impose fees on the residents of those respective towns. Irondale approved the ordinance 5-1, while Graysville unanimously approved the ordinance.

Morris said that leaders in those towns wanted a statement to be made to the Jefferson County Commission that carries more weight than a resolution. However, he said there is a severability clause that exists in both ordinances that can be exercised if it is found to be in violation of state law.

“Did I ever think the cities of Irondale or Graysville would send their police chief to arrest [commission president] Bettye Fine Collins? The answer would be no,” Morris said. “We wanted to make a statement that represented the outrage of the sewer situation and we were willing to defend our rights if necessary.”

Morris said he respected Lowery’s decision to seek the attorney general’s opinion on Fultondale’s ordinance and that his role on Fultondale’s City Council is that of economic developer, not city attorney.

“I understand where he is on this and I don’t think it hurts to get an AG opinion,” he said.

On Tuesday, Lowery said he was comforted by the commission’s unanimous stance against the non-user fees. However, Collins said last month that despite the commission’s opposition, the courts may still order the county to collect the fee if the sewer debt case winds up in bankruptcy court or receivership.

“The fee boils down to taxation without representation,” Lowery said. “After speaking with her [Collins], I feel assured that she and the commission are against the fee.”

On March 24, U.S. District Judge David Procter will decide whether a receiver will be appointed to run the sewer system.