The Waynesville City Council unanimously approved a resolution Thursday to shut off service to the Pulaski County Sewer District in 120 days unless the entity complies with its requests.
The measure comes after attempts to reach an intergovernmental agreement between the two have failed.
The city is asking for intergovernmental and territorial agreements, as well as back payment for services the Sewer District has not paid over the course of the last year.
City Councilman and Utility Committee Chairman Mike France said the district owes the city about $70,000 in past-due payments.
“We’re wanting the thing all sorted out,” France said.
Though there have been attempts in the past to come to a written agreement concerning services and territory between the two parties, nothing has been resolved.
“All attempts at it (resolving the issues), from our perspective, have failed,” France said. “We’re done playing.”
The Sewer District provides service to several areas, including Hunters Point, Seven Hills and the Highway H area. Several hundred customers are expected to be impacted by the city’s decision should the 120 day mark be reached.
“We’ve always talked (about that being) the last effort, because who would suffer? The customers,” France said, adding that while the measure is severe, it is something the city believes it needs to do to resolve the ongoing problems.
"Pulaski County Sewer District would like to state that the Pulaski County Sewer District constituents have nothing to worry about," Pulaski County Sewer District Board of Trustees Chairman Mark Cortesini said Friday night. "There's nothing the city can do... They are acting without any court authority."
The city is acting on the advice of its attorney, Tyce Smith.
“The law is very plain in Missouri— the intergovernmental agreement has to be in writing,” Smith said.
Such an agreement covers service-related issues. For example, an agreement of its kind could address what options the city has should the Sewer District continue to not pay its bill in full each month.
“I don’t know any legal reason why we can’t shut off service to the Sewer District,” Smith said, noting the 120 day notice allows the Sewer District an opportunity to respond with a legal reason why the service can’t be cut, as well as provides it and the city time reach an amicable agreement.
