By Gary Lloyd
TRUSSVILLE — The Trussville City Council on Tuesday voted unanimously to file a lawsuit against the Jefferson County Commission over which entity has the responsibility of maintaining county roads in the city’s limits, if the city and county can’t come to an agreement without litigation.
Mayor Gene Melton asked the Trussville City Council in early March to authorize him to take legal action against the commission, but Councilman Anthony Montalto asked for the potential authorization to be delayed pending further discussion.
Jefferson County Commissioner Joe Knight discussed the issue in a commission meeting Tuesday.
“I think we can get this issue resolved without litigation and will do all I can to reach an amicable solution,” Knight said.
Melton said Tuesday the issue is “very important.”
“It needs to come to a head,” Melton said.
The Jefferson County Commission in 2009 passed a resolution turning county roads located within cities’ limits over to the cities because of money troubles due to the loss of its occupational tax. A 1995 state statute requires counties to be responsible and maintain the roads.
Melton, however, said implementing that resolution was contingent on cities approving their own resolution to accept responsibility for the roads. Trussville never did, he said.
Melton said he offered Jefferson County Manager Tony Petelos and the commission an opportunity to correct the issue.
“They refuse to do so,” Melton said.
Petelos provided The Trussville Tribune with a copy of the June 16, 2009 resolution on March 12 but said it would not be “appropriate to offer any further comment on this issue at this time.”
The approved resolution stated that “effective immediately” the county “will not maintain any road or portion of road located in the city limits” of Trussville and Clay, among other Jefferson County cities. The resolution stated that the county “disclaims any road maintenance responsibility” for the cities.
According to the resolution, the county’s occupational tax for the fiscal year ending Sept. 30, 2008 produced an annual revenue of $68,619,706.
Contact Gary Lloyd at news@trussvilletribune.com and follow him on Twitter @GaryALloyd.