By Sarah Stephens
Elmore Autauga News
With the West Elmore Group Sewer Expansion on hold due to litigation, a partial agreement this morning between lawyers and representatives will allow the project to move forward. However, there are still unresolved issues, and mediation was ordered for both parties.
The Town of Coosada’s attorneys, as well as attorneys for the Elmore County Commission were set for a hearing this morning before Judge Patrick Pinkston. However, before it could begin, lawyers for both sides, and eventually representatives from both parties. entered a close door meeting and came to a partial resolution. Two hours after the meeting began, all parties assembled back in the courtroom before Judge Pinkston.
“We are here today for a hearing on the parties competing petitions for injunctive relief,” he said.
Representing the Town of Coosada were attorneys Brandon Stone and Wallace Mills, and Coosada Mayor James Houston. Representing the Elmore County Commission were attorney Craig Dillard and Jeffrey Courtney and County COO Richie Beyer.
“It has been brought to the court’s attention that council has reached a settlement relative to the injunctive relief sought by both parties today. In other words, there is a partial settlement agreement reached,” Pinkston said.
Dillard then presented the agreement to the court.
“The parties to this litigation have agreed that the Town of Coosada will promptly issue a business license for Jordan Excavation Company, and any needed subsequent renewals regarding the sewer treatment project which will connect the sewer treatment plant in Millbrook, Alabama to the sewer treatment plan in Wetumpka, Alabama.”
Further, Jordan Excavation, if necessary, will pay for any required business licenses, and any applicable renewals.
The sewer project involves the installation of approximately 19,000 linear feet, 12-inch force sewer line and at least one new pumping station.
The Town of Coosada will promptly provide Jordan Excavation and Elmore County Commission with copies of the town’s building code and permit requirements.
The parties will resolve the issue of whether or nor any permit for the project is required by the Town of Coosada Building Code, and if so, from whom the permit fee is to be assessed and collected. There may be an exemption to any permit applicable to the Elmore County Commission.
Once the building permit question is resolved in 15 days, Jordan Excavation may immediately commence construction of the project. The issue of whether the Elmore County Commission or the West Elmore Sewer Group must obtain the consent of the Town of Coosada to construct and operate this project in the town limits are reserved for further litigation.
All parties said they are in agreement with the partial settlement. Judge Pinkston accepted the agreement as well.
The court will enter the order today with the settlement terms.
“I want to thank council and the parties for their diligence in the past and today in reaching an agreement that will allow for this project to proceed forward. Further, the court anticipates entering a mediation order by the end of the day today, to encourage further negotiations pursuant to a resolution in this case.
Judge Pinkston declared the court was in recess until it reconvenes for further court orders to be issued.
The new line has a projected cost of $6.4 million and will benefit around 40,000 area residents with sewer flow and capacity to include future growth. With these delays, it pushes the completion date back. This is an issue, because funds obtained for this project mean it must be complete and ready to advertise completion by December 2026.
