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Board hears reports of metering vendor failures; legal recourse discussed by other utilities
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Summary
Board members raised problems with a metering vendor whose system failed for multiple utilities; staff said legal has the information and one community development district is considering litigation to recover costs.
Board members raised concerns about a metering vendor’s performance that affected multiple utilities. During the meeting Derek Rooney (for the record) reported contacting Gateway CDD and that the district had experienced similar meter problems; Rooney said the district’s attorney told him they were “considering mitigation” and looking at litigation to recover some costs.
Tom Spencer said the utility had provided information to the city attorney and was “waiting to hear back,” and noted that any performance bond that may have existed would likely have been limited in duration and may have expired. Board members discussed specification issues and whether contract language should have required greater reporting capability from the vendor; one member framed those gaps as potential specification failures that could have triggered warranty or bond remedies.
Staff said they observed the metering system function early on but began seeing issues after several years in service; any performance bond would have been with the vendor and likely expired after the usual one‑year term. Spencer indicated he had passed information to the city’s legal team for review and asked the board to share any related legal information they receive from other districts.
No formal legal action was taken at the board meeting; members said they would circulate updates if other jurisdictions proceed with mitigation or litigation.
