7/14/1987 - Laserfiche WebLink

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r JUL 14 1987 BGGK. r:'�c �: county. He felt he should point out that it is not an opportunity for them'to question the Board other than as to how our policies affect their franchise. Commissioner Bird felt this will be a good opportunity to ask the Press to clarify better the relationship between Bent Pine Utility, the Bent Pine residential community, and the Bent Pine Country Club, because those living there feel they are being impacted negatively by this and we need to clarify that is an entirely separate community. Franchise Manager Abernethy made the following presentation: DATE: TO: THRU: FROM: SUBJECT: BACKGROUND JUNE 29, 1987 BOARD OF COUNTY COMNIISS TERRANCE G. PINTO DIRECTOR OF UTILI LISA M. ABERNETHY] FRANCHISE MANAGER EXTENSION OF FRANCHISE FOR BENT PINE UTILITY AND NONCOMPLIANCE OF FRANCHISE 79-111 On March 28, 1980, Indian River County granted a water and wastewater franchise to the Bent Pine Utility Company. The franchise, Resolution 79-111, carried stipulations regarding County purchase of the facilities within seven (7) years (March 28, 1987). The County elected option 3 of Section XIV, page 11, which states, "...and County shall grant to the Corporation an appropriate franchise." ANALYSIS Correspondence between the County and Bent Pine Utility have not been successful in resolving "an appropriate franchise". Bent Pine Utility has stated, see Exhibit "A", that they, "have no legal obligation nor other business reason to execute another franchise." Further, Resolution 79-111 does not contain the option for the agreement to be considered a permanent contract. During the seven years that Bent Pine Utility was under the regulation of the County and Resolution 79-111, a number of discrepancies were incurred and never resolved. These discrepancies are listed below along with the corresponding exhibit. 1. EXHIBIT "B". Section VI, pg 4 and 5, paragraph 2, states that, "...whereupon the County will issue a permit accepting the water and sewerage systems, and further, that the said water and sewerage systems and all easements, (excepting only the water and sewer plants, and wells without appurtenances, and the real property upon which it is situated), shall be conveyed, along with "as -built" plans, to the County at the time of acceptance by a customary means of conveyance. Corporation shall, in addition, grant necessary easements to County without charge to connect the water and/or sewerage systems to County's Master Water and/or Sewerage Systems and such easements as are necessary to provide access to the sewer systems and water systems." To date the Utility has not conveyed to the County water and sewer easements and the Utility has not provided as -built drawings. 42