Public entities and private risk don’t mix

I am concerned about the city’s fiscal ability to fund the Stormwater Agreement appearing on steep-sloped subdivision plats being considered and approved by the city, in neighborhoods with a well-documented history of mudslides and flooding.

The Stormwater Agreement states that: “In the event of drainage improvement maintenance deficiency and after ten (10) days written notice to the respective property owner, the city is empowered to enter and restore full functional capacity of the drainage improvements and to lien the property for both direct and indirect costs associated with such work.”

This agreement creates high-risk, long-term financial liability for the city via liens, which are collected only when a property is sold and sets a vulnerable policy for the city to bankroll deficiencies and failures.

Who is ultimately responsible for protecting the city’s best interests, and the health and safety of the downstream neighbors and properties of these developments? Perhaps a personal guarantee by the developers, owners and investors would be a better option or even a million-dollar performance bond with an expiration date that coincides with the sale of the last remaining lot.

It’s a dangerous precedent when public entities assume private risks. I question who is really empowered here.

MARY A. LOPEZ-WILSON

Santa Fe