Jobs Peak rate increase sent back to county

A failure to properly notice Jobs Peak Ranch residents resulted in the rejection of a water rate increase in court.

According to a decision issued by District Judge Michael Gibbons, the county failed to provide proper notice to residents of an increase in their water rates.

Douglas County Deputy District Attorney Joe Ward said the ruling nullifies the water rate increase.

"It is as though it never happened," he said. "Homeowners who were paying the new rate will be made whole with a credit on their bills."

According to a Feb. 2 decision, Gibbons ruled the county should have provided residents with a mailed notice that included more specific information about the rate increase.

He said a general notice might have been sufficient if the county hadn't approved placing a lien on homes for not paying their bills.

According to court documents, notices were mailed to property owners on July 21, which was far too late for the Aug. 6, 2009, meeting where the rate increases were introduced.

"The letter didn't list the fees, dates or that unpaid fees would be a lien," Gibbons wrote. "The letter completely fails to comply with the noticing requirement."

Ordering the county to redo the rate setting hearings was the only consequence of the lawsuit filed by the Jobs Peak Ranch Homeowners Association in October.

Attempts to reverse the development agreement between the county and the developer were rejected by the judge because the statute of limitations had passed.

Ward said the county will have to go back to square one to implement the rate increase, including the more specific notice 30 days before the first hearing.

He said the ruling won't affect other water rate increases the county has approved, because there was a 30 day limit to file in court. Future rate increases will be conducted using the new noticing requirement.