Issue centers around fees first quoted to apartment complex
“According to Matt Dannheiser, they do not have a leg to stand on,” is how Century Mayor Henry Hawkins described the lawsuit brought against the town of Century by the Paces Foundation for the Century Park Apartments' higher than originally quoted water and sewer tap fees at Monday night's meeting.
The original fee of $63,750 for water and sewer taps was quoted to the Paces Foundation in 2017 during the previous administration but the company had to pay $165,180 when the time to hook up the services arrived.
According to Attorney William Dunaway's letter that arrived shortly after the higher fees were paid, Century Park Apartments 'has a legally enforceable agreement that it entered into with the town's previous administration for payment of fees' and 'is consistent with the applicable town ordinances that were in effect at the time the agreement was reached.'
Dunaway's letter stated, '...my client respectfully renews its request that the town refund the balance of $101,430 for the overpayment resulting from the increased fee assessment.'
The Paces Foundation has filed a lawsuit in the Escambia County Circuit Court Oct. 1, 2018 and the town has to respond by Oct. 21 to the allegations.
When Councilwoman Ann Brooks asked the status of the lawsuit at the meeting Monday, Hawkins told the council that Dannheiser is putting together a response and he is in the process of engaging an attorney to represent the town in Tallahassee.
“We only have until Oct. 21 to respond,” said Brooks. “I want to make sure we have someone representing us.”
According to Hawkins, the subpoena served to the town had former Town Clerk Leslie Howington's name but was served to current Town Clerk Kim Godwin. Hawkins, who said he worked in a job that served subpoenas, said that there are laws about serving them.
“There's several things wrong with us being served,” said Hawkins. “When you are serving towns, municipalities, or governments, you serve the highest ranking person. The subpoena had Leslie's name on it. Kim was served, and if they are going to serve anybody else, it has to be between the hours of 11 a.m. and noon. I used to do that for a living.”
Hawkins said he pointed these put to Dannheiser and he agree with Hawkins.
“So we are getting them on technicalities,” said Hawkins.
When asked what the lawsuit was based on by an audience member, Councilwoman Brooks answered.
“Because in the old administration they agreed with Century Park Apartments to pay a certain fee for the tap fees for water and sewer, but we did not give them the same fees whenever they actually got ready to connect,” said Brooks. “They filed a lawsuit because we did not honor what we told them initially.”
