Hamilton County asked state lawmakers last month to research the county’s municipal stormwater obligations — if it has any. And what legislators find out could stir up a 20-year-old squabble between the county and the city of Chattanooga.
County Mayor Jim Coppinger asked the state delegation in December to find out whether the county must pay Chattanooga stormwater fees for county properties within city limits. Historically, the county has not paid the fees. And historically, the city hasn’t billed the county.
Until now.
County Finance Director Al Kiser said the county received 10 bills from the city for 2014, totaling $35,481. The county has 43 properties in the city, Kiser said, but the city billed for only eight.
Coppinger said he’s just trying to find out whether the county should be paying, and whether a 1994 resolution passed by the County Commission holds water legally.
“The commission passed a resolution that said the county would not pay stormwater fees. Based on that piece of legislation, I’m not authorized to pay the fees. I’m just doing it for a point of clarification to find out if we are supposed to be paying them,” Coppinger said.
The county resolution was passed during Chattanooga Mayor Gene Roberts’ administration.
State Rep. Mike Carter, R-Ooltewah, said he hasn’t started researching the issue, as the General Assembly just started its session on Tuesday. But he said his gut tells him the fees seemed bogus.
“I just don’t think one government can tax another. What if the county passes a tax of equal value on the city?” Carter said. “No county’s ever paid it before. I don’t know why they would start paying it now.”
Rep. Gerald McCormick, R-Chattanooga, also said he hadn’t started researching yet.
County Attorney Rheubin Taylor says he doesn’t think the county’s on the hook.
“The issue is, why should a county, which by hierarchy is superior to a municipality, be paying a municipality within it any fees,” Taylor said.
City Attorney Wade Hinton said Friday the city was also awaiting an answer from delegates.
“We did bill the county. And we are aware of the inquiry,” Hinton said. “At this point, the request has been made. So we will just look to hear back on the opinion and we will proceed after that.”
But Coppinger’s question could muddy the waters for the Hamilton County Schools.
The school system is paying stormwater fees for school properties in the city, based on a settlement agreement it reached last year with the city. According to the settlement, the city would pay the school system $11 million in owed liquor-by-the-drink sales taxes, and the school system would pay $1.6 million in old stormwater fees over five years — plus future fees.
As part of the settlement, county commissioners passed an interlocal agreement saying the school system would pay storm water fees to the city, despite the 1994 ban.
Christie Jordan, the school system’s finance director, said Friday its latest bill was for about $397,000, in addition to the $1.6 million.
Contact staff writer Louie Brogdon at lbrogdon@timesfreepress.com, @glbrogdoniv on Twitter or at 423-757-6481.