Q Due to a consent decree in a case brought by the EPA over the city’s sewer system, it appears that remedial measures required by the decree will require borrowing in excess of the 20 percent cap. Is there any authority for the city to exceed that cap?

A Section 21-33-303prohibits a municipality from incurring a higher percentage of total debt than twenty percent (20%) of the assessed value of all taxable property within the city. (Attorney General’s Opinion to Alexander, III., October 5, 2018)