648 So. 2d 595 | Ala. Civ. App. | 1994
The City of Jasper sought a declaratory judgment requiring the Waterworks and Sewer Board of the City of Jasper ("Board") to "permanently operate and maintain" an in-line fire pump at the Jasper-East Industrial Park. The City alleged that the Board was "the only agency in the City with the equipment, personnel, and expertise to bring this fire pump on line and to keep it serviceable." The trial court entered a summary judgment in favor of the Board. The City appeals.
In 1986, the City and the Board entered into an "Interagency Agreement" regarding construction of the industrial park. The agreement contained the following provision:
"3. The Board hereby agrees to operate, maintain and accept ownership of all water, sewer, gas mains, pumping stations, easements and permits, purchased and/or installed by the City, in the construction of the Jasper-East Industrial Park."
In 1986, the chief of the Jasper Fire Department, after reviewing the plans for the industrial park, notified the Birmingham Regional Planning Commission that the facility would "contain water mains of sufficient size and pressure to provide good fire protection."
The project was completed in 1989. In 1990, one of the tenants of the industrial park requested additional water pressure because of an insurance regulation. The estimated cost of installation of a fire pump to increase the water pressure was $98,663. The Board agreed to pay one-third of the installation cost, provided that it would not be responsible for providing the facility, installing it, or maintaining it.
Aside from arguing that the court erred in entering the summary judgment, the City also argues that the court erred in denying its post-judgment motion without providing a hearing, citing Rule 59(g), Ala.R.Civ.P., and Staarup v. Staarup,
We conclude that the Board met its burden of showing that no genuine issue existed as to any material fact.
AFFIRMED.
ROBERTSON, P.J., and THIGPEN, J., concur.