Lawsuit caused city to do what’s right | Letters | Sept. 30
September 30, 2011 · 3:05 PM
In Barry Peters’ political spin (“Water utility should stay put,” Sept. 23), a few important points were left out.
Ratepayers Alliance discovered early in 2009 that the city was going to pass an ordinance to: 1) borrow as much a $1.5 million more than was needed to pay for the Waste Water Treatment Plant; 2) the city was pledging sewer revenues, plus water and storm water utility revenues as a guarantee for the bonds.
The Ratepayers Alliance sued to stop the ordinance, adding additional grievances to the suit. The city filed a summary judgment motion to decide specific points of the lawsuit. The Ratepayers Alliance lost and appealed.
The Appeals Court decided that you can’t sue someone (our city) for granting themselves the right to do something wrong; you have to wait until they actually do it. Therefore, the case wasn’t ready for a judicial decision.
However, the judges admonished the city that the courthouse door was wide open to the Ratepayers if the city acted improperly.
The city must have heard the court’s warning. Now, 30 months later, the city has: 1) borrowed only the amount necessary to pay off WWTP actual costs; 2) pledged only the revenues of the sewer utility for the bond; 3) eliminated any guarantee by water and storm water ratepayers.
Bottom line: If our city and Mr. Peters had done it right from the start, there would not have been a lawsuit.
Sally Adams, secretary,