Franklin County Towing can use the city’s water as long as it continues to pay its bill, even though the business is not located within the city limits.
That was the determination revealed to the St. Clair Board of Aldermen on Monday after the matter was tabled the week before so the legality of it could be checked.
“After discussing this issue with Mr. Voss, he directed me to the easements that were obtained (along Interstate 44) when the city provided water and wastewater to the rest area,” City Administrator Rick Childers said about a conversation he had with St. Clair’s attorney, Kurt Voss.
“This connection is in fact one of those,” he said. “A previous board approved it. The interpretation is that Franklin County Towing is eligible for water.”
The issue was brought to the forefront earlier in July when Attorney Kevin Richardson said he wanted to look into the legal issues regarding the situation.
On July 9, Richardson was filling in for Voss at the rescheduled aldermen meeting. Both are lawyers for Zick, Voss, Politte & Richardson Attorneys at Law in Washington.
At that time, Childers informed the aldermen that Franklin County Towing, 933 North Service Road, was requesting the continuation of water and sewer services at its location.
“They’re outside of the city limits,” Childers said. “But they have been connected to city utilities.”
Childers said there has been a meter at the location for years. But, the business only has been located there for a short time.
He also said the business is considering asking to be annexed into the city limits, “but until then they would like the city to provide water and sewer services.”
The city administrator said it usually is not the practice of a municipality to do that, “but since we’re already doing it, I thought maybe we might want to consider it.”
He said the city does offer sewer service outside the city limits “so that part is not an issue.”
Ward 1 Alderman Nathan Tate then asked about the legality of providing the utilities. At that point, Richardson said he would have to check on the issue. He recommended the aldermen table a decision until a future meeting.
So, that’s what the board did.
Franklin County Towing is located between Turtle Ridge Drive and Whispering Pines Drive west of Anaconda. St. Clair’s city limits extend west along the Interstate 44 corridor to include the rest area just east of Anaconda Road.
Tiffany Burton, the city’s accounts receivable clerk, confirmed to The Missourian that the business is using the meter and is paying for the water and sewer.
In other business from the board’s July 15 meeting, the aldermen unanimously approved an ordinance that establishes a conflict of interest policy.
Childers said the ordinance is an annual necessity required by the state. Simply put, it establishes a procedure to disclose potential conflicts of interest and substantial interests for certain officials.
“The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people,” the beginning of the ordinance reads.