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FD12 Files Suit Against City of Covington
06/25/09
For Immediate Release
Thursday, June 25, 2009
Today the Board of Commissioners of St. Tammany Fire District 12 filed suit against the City of Covington objecting to an annexation that violates state law and an intergovernmental agreement.
At a June 16 meeting, the Covington City Council, over FD12’s objection, approved annexation of 1884 Collins Boulevard, a property within FD12. This annexation, according to the lawsuit, is in violation of both a 2006 state law (Act 185 of the 2006 Legislature and of La. R.S. 40:1501.6(C) and La. R.S. 33:174) and an intergovernmental agreement executed in 2006, which requires an agreement between the City and adjacent fire districts prior to annexation being approved.
The suit seeks nullification of the annexation.
“The City of Covington continues to annex property within FD12’s boundaries without authorization or negotiation of any agreement with FD12,” said FD12 Board of Commissioners Chair Joe Mitternight. “Voters have approved millages in FD12 and the City continues to take away tax revenue that funds fire protection in an area that is, by law, our responsibility.”
According to both a 1996 law and an agreement between Covington and FD12, the City will not annex property without negotiating details for fire protection with adjacent fire districts. Fire District 12 borders Covington to the north, south, and east.
“We are not interested in preventing the City from expanding,” Mitternight said. “We are only concerned about serving the citizens of Fire District 12 – and protecting their tax dollars.”
Since 1984, FD12 has served the citizens outside the city in Ward 3. In recent years, the City of Covington has annexed FD12 land and assumed taxation rights without a vote of the people – not only resulting in double taxation in some instances but ultimately depriving FD12 of revenue needed to maintain operations and pay bond indebtedness.
Covington remains the only city in St. Tammany Parish with its own Fire Department. All others are included in fire districts that encompass but expand beyond municipal boundaries.
“City leaders dupe voters into believing they are better off with municipal fire protection,” Mitternight said. “In fact, the City Fire Department is understaffed and underfunded, resulting in higher insurance rates for residents. Municipal millages are also not subject to the Homestead Exemption, so City residents pay more for fire protection than do residents of the unincorporated areas.”
FD12 leaders believe that the City of Covington should either allow its fire department to be absorbed by adjacent fire districts or should agree to the establishment of permanent boundary for fire protection, ensuring the City and Fire Districts have consistent tax revenues on which to base budgets, including operations and indebtedness.
“Legal action is a last resort,” Mitternight said. “Unfortunately, the City has been uncooperative in negotiations on this issue and in complying with state law.”
Media contact: James Hartman, 504.458.4600, or .(JavaScript must be enabled to view this email address).
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