Potential managers tour city water system
by CHRIS NORWOOD
Jan 07, 2010 | 1233 views | 6 6 comments | 5 5 recommendations | email to a friend | print
TALLADEGA — Potential managers for the Water and Sewer System spent Tuesday and Thursday on a chartered bus touring the system and becoming familiar with some of the issues they might be facing.

According to city manager Michael Stampfler, there were about 22 managers Tuesday and about 15 Thursday. “They were just taking the tour, seeing what the system looks like, learning the general layout and some of the types of equipment used and what some of the problems are,” he said. He also said he did not know which firms, if any, were represented, or how many of them there might have been.

The City Council previously approved a plan that would turn over the system, which is currently in the midst of federal litigation, to a private management firm. The city would retain ownership of the system, however.

Stampfler said the deadline for management proposals is Jan. 14, and the council will likely consider the final choices either during the second meeting in January or the first meeting in February. He said he did not have any way of knowing how many companies would actually submit proposals.

Stampfler said water and sewer management is a professional service and thus not subject to the state bid law.

The tour bus was chartered through Cline Tours of Birmingham at a cost of $545 per day, plus $16.35 in credit card fees. The cost will come out of the budget for the Water and Sewer Department.

“There were too many of them to fit in one of the city’s vans, and we didn’t want to have them walking,” Stampfler said.

The city is facing the loss of federal funding for failure to comply with a consent agreement stemming from the investigation into illegal usage of the Grant Street Well. While problems at the well itself and in other parts of the system were remedied in a timely fashion, many others were not completed on schedule.

According to the presentation Stampfler presented to the council during an executive session, a private management firm could, among other things, help to attract outside investment and deflect future liability away from the city.

How a private management firm would attract outside investment was not clear, and, as Stampfler clarified later, not necessarily a part of any final agreement.

The same was true of the assertions that this particular option would shield customers from rate increases. This option is also described in the council’s authorization resolution as an “interim approach,” although the duration of the interim has also not been established yet.

Comments
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MichaelEllis
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January 12, 2010
I think you're citing the wrong authority on annexation laws. The Constitution of 1875 is no longer the law of the land. The Constitution of 1901 gives the legislature sole discretion to establish the boundaries of the various cities and counties in the state, no vote required. Is this morally wrong? Absolutely. But is it legal under the state constition? Sadly, yes it is.
perkmark50
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January 11, 2010
Section 11-50-235

Powers of corporation generally; provisions in mortgages, deeds of trust, or pledge agreements executed by corporation as to rights of parties thereto, etc.; exemption from taxation of property and income of corporation.

11-50-235(a) (7) To sell at wholesale all or any part of its water supply to any other corporation organized under the provisions of this division or to any municipality for distribution to the inhabitants thereof and the surrounding territory;
perkmark50
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January 11, 2010
so mr stampfler is anything going on in the city really legal? As you stated at the city council meeting on annexation LAST YEAR , that no one could talk about annexation but you and the city council ? AND YES I ASKED TO BE ON THE AGENDA ONLINE AND WASNT ALLOWED TO SPEAK !! NO OPEN PUBLIC MEETINGS IN THEIR CITY! DO WE THANK THE STATE REP. THAT WAS ALLOWED TO SPEAK, at the last meeting i attended ,and by the way when he said he was neither for or against annexation and then turned around and got a bill passed to annex property in the city , i think he was for it all along! just ask the people annexed into lincoln city with no vote! thanks mr pruitt you can stop looking i found my voting rights on annexation in alabama somebody voted them in so i'm voting them all out yes mr pruitt i do get a vote in the general electionseveral of them on different positions. like the probate judge state senator and state represenative.!!!
perkmark50
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January 11, 2010
ok SOSAD2 HERE IS U SOME MORE

The Talladega Water & Sewer Board was created under Article 9, Boards for Operation of Water, Sewer, Gas & Electric Systems, Code of Alabama 11-50-310. Mr. Perkins is quoting law for the incorporation of an "Authority" which is not applicable in te mater to which you are referring to.



There are several factors that compelled us to restructure our water and sewer rates to better reflect the costs associated with production and distribution. Growing urbanization increases average and peak demands on the system, our public water infrastructure is deteriorating with the costs for maintenance or replacement far outrunning the costs for expansion, amendments to the Safe Drinking Water Act causing substantial increases in operating and capitol costs, scarcity and high development costs of new water resources and the costs associated with serving customers in ares where the population is much less dense.



Opinions from the State of Alabama Attorney General's office have consistantly indicated that City's have the stautory authority to set rates for water and sewer services and that there is no statutory impediment to charging higher rates for customers living outside the City limits. It should be noted that some caution was used in setting these rates, due to the lack of representation in City government. Compare to what other municipalities charge for "zonal increases", in some cases up to 175%, the increase used in Talladega is reasonable and covers the additional costs to maintain a service area of 20 square miles outside the City proper.



In conclusion, this increase in rates was in no way unreasonable, excessive or confiscatory in nature and only allows the City to recoup the additional operating costs associated with serving county customers. Maintaining safe drinking water services is one of the most important responsibilities of local governments. As providing this service becomes more expensive, local governments face the constant challenge of ballancing our interests in offering a fundamental public health service at an affordable price, against the inevitable health and environmental costs of failing to ensure that our operations has sufficient financial resources to serve the public.





James V. Brasher, Operations Manager

City of Talladega - Water & Sewer Department

256-362-6211 Phone

256-761-2966 Fax

205-369-8166 Cell

154*26*4907 Nextel ID

the ethics (?) person at the water and sewer dept. the is no water board as stated by mr.Brasher or is there 1 still in place ?

annexation involves a tax and requires a vote or petition stablishment, purchase, etc., of waterworks, gas or electric plants by municipalities generally; contracts for furnishing of water, gas, or electricity; regulation of gas, electricity, and water rates and quality.

Cities and towns shall have the right to establish, purchase, maintain, and operate waterworks or contract for a supply of wholesome water for their inhabitants; to establish, purchase, maintain, and operate a gas or electric light works and to contract for the furnishing of gas or electricity to the city or town and surrounding territory; to regulate the manner and rates for furnishing gas, electricity, and water after expiration of a contract; and to prescribe the quality of gas or electricity furnished to the inhabitants by any person or corporation.

(Code 1907, §1260; Code 1923, §2001; Code 1940, T. 37, §360.)

Section 11-50-121

Establishment, etc., of charges for sewer services; combination of sewer system and water distribution system and establishment, etc., of single schedule of charges, etc., therefor.

(a) Each municipality owning a sewer system shall have the power to establish and collect and from time to time alter charges for service furnished by or from said sewer system. All such charges shall be uniform for the same type, class, and amount of use of or service by or from the sewer system, and such charges may be measured or computed on the basis of any one or more or combination of the following:

(7)(d) Any municipality may combine its sewer system and any water distribution system owned by it and may establish a single schedule of rates, fees, and charges for the water and services furnished by such combined system and may provide for reductions in such schedule in cases where water is furnished to premises that are not connected with the sewer system.

(Acts 1953, No. 847, p. 1138, §2.)

and on annexation the property owners have to vote or have a petition to annex in to the city (voting rights violation by city and legislators

SECTION 104

Special, private or local laws — Prohibited in certain cases.

The legislature shall not pass a special, private, or local law in any of the following cases:

(15) Regulating either the assessment or collection of taxes, except in connection with the readjustment, renewal, or extension of existing municipal indebtedness created prior to the ratification of the Constitution of eighteen hundred and seventy-five;



http://www.fa-ir.org/alabama/constitution/Carpetbaggers.htm

The Alabama Constitution gives the people exclusive rights to vote on all property taxes. Therefore, the lawyer's lawsuit is unconstitutional, because it seeks to deny the people's right to vote on new taxes. Instead of citizens exercising their constitutional right to vote, one dictator in a black robe will make the decision on raising your property taxes and by how much.

ok legislators why are you not abiding by the alabama constitution? is that enough SOSAD2?
SOSAD2
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January 11, 2010
perkmark50, Thank You for the info, If you have more please post it
perkmark50
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January 10, 2010
ok now we just got to get the city to read the laws about not charging non city residences 25% above city residences 11-50-121 11-50-1

Section 11-50-121

Establishment, etc., of charges for sewer services; combination of sewer system and water distribution system and establishment, etc., of single schedule of charges, etc., therefor.

(d) Any municipality may combine its sewer system and any water distribution system owned by it and may establish a single schedule of rates, fees, and charges for the water and services furnished by such combined system and may provide for reductions in such schedule in cases where water is furnished to premises that are not connected with the sewer system.

Section 11-50-1

Establishment, purchase, etc., of waterworks, gas or electric plants by municipalities generally; contracts for furnishing of water, gas, or electricity; regulation of gas, electricity, and water rates and quality.

Cities and towns shall have the right to establish, purchase, maintain, and operate waterworks or contract for a supply of wholesome water for their inhabitants; to establish, purchase, maintain, and operate a gas or electric light works and to contract for the furnishing of gas or electricity to the city or town and surrounding territory; to regulate the manner and rates for furnishing gas, electricity, and water after expiration of a contract; and to prescribe the quality of gas or electricity furnished to the inhabitants by any person or corporation.

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