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FEB J 'k_ -J/ <br />BOOK <br />RIVER RUN FRANCHISE - OUTSTANDING ESCROW IMPACT FEES <br />Franchise Manager Lisa Abernethy made the following <br />presentation recommending levy of a fine: <br />7 F ut <br />TO: BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 23, 1987 <br />THRU: CHARLES P. BALCZUN <br />COUNTY ADMINISTRATOWEVICES VIA: TERRANCE G. PINTO <br />DIRECTOR OF UTILIT <br />FROM: LISA M. ABERNETHY .,}� <br />FRANCHISE MANAGTi A <br />DIVISION OF UTILITY SERVICES <br />SUBJECT: RIVER RUN FRANCHISE <br />OUTSTANDING ESCROW IMPACT FEES <br />BACKGROUND <br />On May 7, 1986, the Board of County Commissioners reviewed several <br />franchises which were delinquent in their escrow impact fee accounts. <br />At that time, the franchises were instructed to: <br />A) Pay at once all due escrow amounts under County Ordinances 80-21, <br />80-22, and 84-18, or all amounts under those ordinances would be <br />escalated to the current County Ordinance 85-3. <br />B) File a plan of action showing the .date <br />85-3 to be paid within 60 days for <br />with an irrevocable letter of credit <br />Ordinance 85-3 with the understanding <br />is not followed, the County will call <br />ANALYSIS <br />and amount under Ordinance <br />Commission approval, along <br />for the amount due under <br />that, if the plan of action <br />the letter of credit. <br />Attached hereto, as Exhibit I, is an inter -office memorandum outlining <br />the status of each franchise which appeared before the Board of County <br />Commissioners on May 7, 1987. As the memorandum depicts, all <br />franchises, with the exception of the River Run franchise, have made <br />efforts to correct the deficiencies. Attached hereto as Exhibit II <br />are several letters sent to Mr. Henry Muller of Purowater Utilities, <br />Inc., requesting payment of the outstanding impact fees. To date, <br />this matter has not been resolved.. <br />Franchise Resolution 84-4, Section XXII, Default of Franchise, states, <br />"If the Utility fails or refuses to promptly faithfully keep, perform <br />and abide by each and all of the terms and conditions of this <br />franchise, then the Board shall give the Utility written notice of <br />such deficiencies or defaults and a reasonable time within which the <br />Utility shall remedy_ the same, which notice shall specify the <br />deficiency or default. If the Utility fails to remedy such deficiency <br />or default within a reasonable time, the Board may thereafter schedule <br />a hearing concerning the same ..., the Board may levy liquidated <br />damages of no less than .fifty dollars ($50) per day that said <br />deficiency or default exists from the date of said hearing ..., the <br />Board may further limit or restrict this franchise or franchise <br />-territory or may terminate and cancel the same in whole or in part if <br />proper reasons thereby are found by the Board. If the Board enters an <br />order pursuant to such hearing and the Utility feels aggrieved by any <br />such order, the Utility may seek review of the Board's action by <br />filing a petition for Writ of Certiorari in the Circuit Court of the <br />County." <br />30 <br />