West Elmore sewer project can commence

Construction of a forced sewer line from Millbrook through Coosada to Elmore will begin even as litigation surrounding the project continues.

Last month the Town of Coosada asked the courts for an injunction to stop the West Elmore Sewer Group project from being constructed in town limits without its permission. Elmore County contends the parts of the project within Coosada are on rights of way deeded to the county.

The project is designed to connect large portions of western Elmore County to the wastewater treatment facility at the Wetumpka Water Works. 

“(The) Town of Coosada seeks an order which prohibits Elmore County from implementing a sewage project within the boundaries of the town in direct violation of the attorney’s general opinion,” the town’s complaint dated March 17 states.

The nearly $7 million project to install almost 2,000 feet of 12-inch forced sewer line with at least one lift station is funded by federal monies appropriated to the state, Elmore County, City of Millbrook and the Town of Elmore. The project will provide wastewater treatment to as many as 40,000 people in western Elmore County. 

The project must be completed by later this year to allow the use of the federal funds.

According to Rule 65 of Alabama’s Code of Civil Procedure, Coosada would have been required to post a bond to cover the project if the courts gave it its requested injunctive relief to stop the project during litigation.

The pleadings in court records state Coosada didn’t know of the project, but the county said the town did. 

On Monday, the Coosada Town Council held a special called meeting at the offices of Wetumpka attorney Brandon Stone. The agenda had the council enter an executive session with representatives from the county for a settlement conference.

No settlement was reached.

Before Circuit Court Judge Patrick Pinkston gaveled in Friday’s hearing, attorneys, representatives from the county and a quorum of the Coosada Town Council had a discussion behind closed doors. They soon announced a settlement had been reached.

The town agreed to allow the project to proceed as designed. 

The town must also issue business licenses for the contractor and its subcontractors and allow necessary renewals. The town must also supply its building codes and permitting regulations within 15 days.

Whether or not the county needed permission to construct portions of the project in Coosada will be heard in the courts at a later date.

“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 of the town of Coosada are reserved for further litigation in this case period,” Pinkston said.