6/1/1993 - Laserfiche WebLink

Home Browse Search

JUN - j lq.qi ANUNSIS: BOOK 89 PA�',F74_1_7 Base facility charges started to accrue on the date Countryside was to officially connect to the County system. All delays in regard to the connection were caused solely by the owner of Countryside Mobile Home Park. On January 19,, 1993,, the Board of County Commissioners authorized the County to proceed with legal action requiring connection as per the agreement (Attachment C). Countryside is preparing to connect; however, refuses to pay fees amounting to $210,723.38, to date (Attachment D). RECOMMMIDATION: The Department of Utility Services recommends the' Board of County Commissioners authorize the County Attorney to immediately pursue all necessary actions to collect all past -due fees owed for base facility charges by Countryside Mobile Home Park. Sam Block, attorney representing Realcor, the owner of Countryside mobile home park, recounted that the 1985 franchise states that the developer will hook up to wastewater service and pay the cost of hookup upon notification of place and point of connection as determined by the County. Realcor agreed to that in 1985, and on April 12, 199b the County determined that they were at a point to cause a letter to be sent to Realcor to hook up. Since Countryside's right-of-way fronts SR -60, it was their belief that the wastewater line would come down SR -60, which would bring it within 400 feet. However, they were notified by the County that it would go to 81st Avenue, within 5300 feet. The second issue dealt with pass through charges, and during this period of time the Utility Department has continued to charge a base facility fee which totals $267,000 and includes penalties and interest of 1-1/2 percent a month. They are here today to ask the Board to start charging the base facility fee at the time the wastewater service becomes available, which is the end of this month or the first of next month, because of the issues he has raised and because the costs are extremely high. Attorney Block pointed out that in one of the many letters written to the County on this matter, they emphasized that if there is a problem with obtaining capacity at the time of hookup, they do have a plant and they will take a chance on capacity being available. He urged the Board to consider allowing his client to begin paying the base facility charge as of July 1, 1993. Utilities Director Terry Pinto felt we have been _a_ lot kinder to the owners of Countryside than anyone else. He noted that the 16