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tremendous amount of today I s backup- material shows that when <br />Realcor entered into the contract to reserve capacity, they agreed <br />to connect into the County system. He compared this situation to <br />a hotel owner making a room reservation and accepting a bank card, <br />but having a no show. The owners of countryside have not fulfilled <br />their part of the contract. They should be required to pay the <br />base facility charge as accumulated. The reason the charges are so <br />high is that they have not been paying them. <br />Chairman Bird asked if the time delay is by their own <br />choosing, and Director Pinto emphasized that in every case the time <br />delay is due to their problems, not the County's problems. <br />County Attorney Charles Vitunac noted that they really were <br />waiting for the court decision to find out if they could pass on <br />their charges to their tenants. Judge Kanarek's subsequent ruling <br />is a precedent on this issue, one of the first in the state, and <br />now they are connected. So, the entire delay has been their <br />choice. They forced the County to develop a complaint for Circuit <br />Court which was ready to be filed, but they kept agreeing to <br />connect while delaying on the permitting and everything else. For <br />3 years they have chosen to delay payment of the base facility <br />charges and those charges have accumulated to $267,000, which <br />includes penalties. Meanwhile, the wastewater plant has been <br />sitting there waiting for them. <br />Commissioner Adams asked for clarification on the base <br />facility charge because it seems to be the utility matter that <br />people complain about most. <br />Director Pinto explained that if we were to eliminate the base <br />facility charge, we would be saying that all of the cost for <br />capacity that is sitting their waiting for them to connect becomes <br />chargeable to the people already on the system and utilizing the <br />system. He emphasized that the operating costs for the unused <br />portion of the plant are the same as the used portion. <br />commissioner Adams realized they signed an agreement to hook <br />up, but asked if they ever signed anything where they agreed to pay <br />the base facility charges. She didn't remember seeing anything <br />that itemized what the charges would be. <br />Director Pinto explained that the agreement says they will pay <br />to the County all fees that are due and payable to the County, but <br />it doesn't break out the different fees. <br />Attorney Vitunac pointed out that there wouldn't have been a <br />plant if we had not put a base facility charge in our rate <br />structure. All our bond consultants needed to be assured that we <br />would have the money to pay off the bonds on the wastewater plant <br />if people did not connect when they said they would. The base <br />17 <br />JUN BOOK Pk C) F74? <br />1993 I. -W <br />