UPDATED: Legal fight with TPU could cost the city an extra $10,000

Editor's note: I spoke with University Place City Attorney today about the details of the extra money that the city will allocate to its defense team to challenge Tacoma Public Utilities.

University Place leaders have dedicated an additional $10,000 to challenging Tacoma Public Utilities' claim that the city is on the hook for maintenance of the community's fire hydrants.

City Attorney Steve Victor said today that UP — along with Pierce County, Bonney Lake and Federal — are trying to prevent their water provider from taking its fight directly to the state Supreme Court.

A King County Superior Court judge ruled earlier this year that TPU is contractually obligated to cover fire hydrant maintenance, which according to the water authority runs about $500,000 a year in UP, Victor said.

"The King County Superior Court said, again, as a matter of contract, that TPU was responsible for that cost," he said.

But TPU is asking to skip challenging the decision in state Appeals Courts and argues that the case should be heard in state Supreme Court, a legal process called Direct Review.

TPU didn't return a message that Patch left today.

On Monday, the University Place City Council approved a measure to pay its defense team – Ogden, Murphy, Wallace of Seattle - the extra money.

The legal fight is rooted in a 2008 Supreme Court decision that initially placed the responsibility of fire hydrant maintenance on cities and counties that don't provide water to its residents.

In May 2009, University Place set aside up to $30,000 to cover its legal fight against TPU. Despite the King County court's decision, the fight has dragged on, and the city could end up paying $50,000 by the time it's finished.

University Place isn't the only agency that has voiced concern over TPU's plan. Pierce County, Bonney Lake  and Federal Way also don't want to cover fire hydrant maintenance, and have joined UP in its court challenge. Each agency is being represented by its own set of attorneys, Victor said.