Rooney Valley News

That is what the statute says.  And “shall” is a magical word for judges.  “Shall” leaves no wiggle room.  It’s black letter law.  Shall means shall.  Mandatory.  No questions asked.

The Lakewood Staff report simply ignores this critical issue.  Can’t ignore a statute just because its inconvenient for the developer.

Here is what the Lakewood Staff ignored:

32-1-203. Action on service plan – criteria

(2) The board of county commissioners shall disapprove the service plan unless evidence satisfactory to the board of each of the following is presented:

So, the statute states in no uncertain terms that if Cardel is not “capable of providing”  “sufficient service” to the area, the city “SHALL DISAPPROVE THE SERVICE PLAN”.

And how do we do we know that Cardel is not capable of providing sufficient service to the area.  Because Cardel and the Lakewood staff said so.

They both (city and Cardel) said that sewer is an essential service for the development.  

• No sewer service, no site plan approval

• No site plan approval, no development

And, they both said that Cardel does not have sewer.  Trying to get it.  But don’t have it yet.   Cardel even went so far as to misrepresent Green Mountain is a likely provider.  

Green Mountain said no, it’s not:

” We object to being named as the possible service provider for any new district.”  (Excerpt from GM letter)

Here it is in their own words.  Cardel’s own words (and repeating the city’s own words) from the proposed  service plan recommended for approval by the Lakewood staff:

” It is anticipated that sanitary sewer service to the property within the District will be provided either by Metro Water Recovery (formally known as the Metro Wastewater Reclamation District) (“Metro”) or Green Mountain Water & Sanitation District (“Green Mountain”) pursuant to one or more intergovernmental agreements among them, however the final means and parameters of such service have not been finalized as of the date of this Service Plan.”

“The City will not approve any Approved Development Plan unless and until sanitary sewer service to the property within the District is obtained.”

(p. 6)

Here it is again in Cardel’s presentation:

(And as pointed out in an earlier blog, developers make “arrangements” for sewer commitments all the time without a metro district.  Cardel made “arrangements” for water without a metro district.)

In sum,

• Sewer is an essential service

•  Can’t have a metro district unless you can provide the essential service – including sewer

• Cardel can’t provide sewer

• “The City will not approve any Approved Development Plan unless and until sanitary sewer service to the property within the District is obtained.”    Service Plan p. 6.

• Pretty simple – if the city won’t approve a development plan, how can they possibly approve a metro district whose purpose is to pay for the development (infrastructure).  

• And the statute says Cardel has to provide “satisfactory evidence” that Cardel “is capable of providing” “sufficient [sewer] service”.

•  Cardel misrepresenting that service is “anticipated” from Green Mountain is not a good start.

• “Satisfactory evidence” in this case means something in writing from someone other than Cardel that the someone else will provide sewer service.

• Without something in writing from a sewer provider that they will provide Cardel with sewer service, there is no “satisfactory evidence” that Cardel “is capable of providing” “sufficient [sewer] service”.    

• Which brings us back to the “shall” be disapproved part

32-1-203. Action on service plan – criteria

(2) The board of county commissioners shall disapprove the service plan unless evidence satisfactory to the board of each of the following is presented:

(c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries.

Either the city follows the law or it doesn’t.  If it doesn’t, then there is the court.  And judges love the word “shall”.