Birmingham pitches plan to buy Water Works Board for $1
Last week, Alabama lawmakers passed Senate Bill 330 in convincing fashion.It reshapes who oversees the Birmingham Water Works Board, by trimming the City of Birmingham’s appointments from six down to two.Tuesday, Mayor Randall Woodfin announced a federal lawsuit to try and keep the legislation from going into effect. “Two wrongs don’t make a right. And everything in SB330 on its face is unconstitutional,” Woodfin said.The lawsuit argues that since more than 40 percent of Water Works customers live in Birmingham limiting the city’s authority to a fourth of the board is discriminatory.“Works to highjack control of the Birmingham Water Works Board from the majority black city of Birmingham with flagrant disregard for the voting rights of the city plaintiffs,” the lawsuit read.Governor Kay Ivey is the lawsuit’s sole listed defendant.”We are aware of the lawsuit and are reviewing this highly unusual attempt to stop the governor from signing a bill passed by the legislature,” spokesperson Gina Maiola said.Within about an hour of announcing the lawsuit, City Council approved a resolution to buy the Water Works Board’s assets for $1.They hope the moves can throw a wrench in legislation’s potential impact.“If we move forward with the sale and took back, our took possession of the assets, then it would invalidate that law,” City Council President Darrell O’Quinn said.Can the city legally buy a public utility that easily? O’Quinn pointed out the city owned the Water Works’ assets until 2001 and believes history is on their side. “It goes back to that 2001 transaction that happens that gives us the legal authority to do this,” O’Quinn said.District Judge Emily Marks has set a May 15 hearing to consider Birmingham’s request for a temporary restraining order to try and keep the bill from being signed into law.
Last week, Alabama lawmakers passed Senate Bill 330 in convincing fashion.
It reshapes who oversees the Birmingham Water Works Board, by trimming the City of Birmingham’s appointments from six down to two.
Tuesday, Mayor Randall Woodfin announced a federal lawsuit to try and keep the legislation from going into effect.
“Two wrongs don’t make a right. And everything in SB330 on its face is unconstitutional,” Woodfin said.
The lawsuit argues that since more than 40 percent of Water Works customers live in Birmingham limiting the city’s authority to a fourth of the board is discriminatory.
“Works to highjack control of the Birmingham Water Works Board from the majority black city of Birmingham with flagrant disregard for the voting rights of the city plaintiffs,” the lawsuit read.
Governor Kay Ivey is the lawsuit’s sole listed defendant.
“We are aware of the lawsuit and are reviewing this highly unusual attempt to stop the governor from signing a bill passed by the legislature,” spokesperson Gina Maiola said.
Within about an hour of announcing the lawsuit, City Council approved a resolution to buy the Water Works Board’s assets for $1.
They hope the moves can throw a wrench in legislation’s potential impact.
“If we move forward with the sale and took back, our took possession of the assets, then it would invalidate that law,” City Council President Darrell O’Quinn said.
Can the city legally buy a public utility that easily?
O’Quinn pointed out the city owned the Water Works’ assets until 2001 and believes history is on their side.
“It goes back to that 2001 transaction that happens that gives us the legal authority to do this,” O’Quinn said.
District Judge Emily Marks has set a May 15 hearing to consider Birmingham’s request for a temporary restraining order to try and keep the bill from being signed into law.