6 Mile Draw Improvement District tells council city has used district outfall without paying; city attorney says prior litigation resolved

The president of the 6 Mile Draw Improvement District told council Oct. 7 that the district has billed the city for years for use of the outfall sewer line and seeks payment or disconnection after attempts to resolve the matter failed.

Why it matters: The dispute involves infrastructure used by the city and could have budgetary, operational and legal consequences if the parties do not reach an agreement.

What the district said

Mark Rizzi, representing the 6 Mile Draw Improvement District, said the district has invoiced the city for use of its outfall sewer line for years and that the unpaid balance has grown to “over half a million dollars.” He said the district previously sued the city for trespass, that the court found implied consent rather than trespass, and that the district seeks either payment for past use or disconnection of the city service.

City response

A city staff attorney said he is familiar with the matter, that claims for damages and rent were dismissed at summary judgment and that a Supreme Court appeal was filed and subsequently voluntarily withdrawn. He said the city’s outside counsel has been engaged and that staff has prepared a response letter to the district’s attorney. Given the potential for further litigation, staff advised the council to refrain from public comment and allow legal counsel to handle communications.

Outcome and next steps

No action was taken by council; staff said attorneys on both sides will work to resolve outstanding claims and that council comment was not appropriate due to pending legal considerations.

Ending: The matter remains in the legal/attorney communications channel; the council was briefed but took no policy action at the Oct. 7 meeting.