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The Metro District Board of Directors, volunteers who could draw $1200 per year for services, but don’t, want to assure the property owners the District operates ethically in all ways contrary to the claims made by Mr. D. L. Phelan. Because of the broadcast nature in which these claims were made, the District requested a review by its attorneys to further this assurance to the property owners. Following are some quotations from the attorneys’ response:
The election notice for the two open board seats - “this notice was, in fact, published as required by law.” “There is no basis for invalidating the May, 2004 election. The proper procedures were followed.” Publishers’ affidavits were attached.
“The district does not impose a mill levy”, therefore, “The District is not obligated to hold an election for a mill levy if it does not impose one.” Further “as there are no District taxes, the allegation that the County should collect them does not follow.” However, it should be noted that the county has collected and is in the process of reimbursing the district for delinquent assessments from certain property owners who failed to make the required payments. This amounts to over $3400.
Reporting - “there is no State law requirement for any of the reports which Mr. Phelan is seeking.”
“The District is not a subsidiary or a department of the County, but rather a separate unit of government.” Further “the District does not answer to the County commissioners”.
Overall the opinion of the attorneys is “Mr. Phelan clearly has an incomplete understanding of local government law and Colorado law generally, and its application to Special Districts in particular.”
The Board will continue its diligent efforts to get the water supply on line as planned.