§ 126-114. Franchises.

(a)

Franchise requirements. No Person shall build, install, maintain or operate any Public Water System or Public Wastewater System in the unincorporated area of the County without a Valid Franchise issued by the Board unless the Person is exempt under this article.

(b)

Franchise term. The Board may grant a Franchise to a Public Water System or a Public Wastewater System for up to 20 years.

(c)

Serve entire area. A Franchisee shall have the responsibility of serving the entire area covered by the Franchise upon acceptance of the Franchise.

(d)

Plant site. The Franchisee is required to own the land upon which the water and/or wastewater treatment plants, if any, are located; provided, however, subject to Board approval, the Franchisee may enter into an agreement which provides for the long-term continuous use of the land where the water and/or wastewater treatment plants are located. Such land upon which the water and/or wastewater treatment plants are located cannot be mortgaged, sold or transferred without specific approval by the Board.

(e)

Franchise Agreement requirements. Each Franchise Agreement shall specify, at a minimum:

(1)

Terms and conditions necessary to protect the public health, safety and general welfare;

(2)

Whether the Franchise is for a Public Water System or Public Wastewater System or both;

(3)

That the Franchisee for a Public Water System and a Public Wastewater System shall provide installations, pipes, lines, extensions, mains and laterals for both systems so that one system will not be extended without the other system being extended at the same time, unless justification for not providing a simultaneous extension is accepted and approved by the Board;

(4)

The geographic area to be served by the Franchisee;

(5)

That the system shall be approved by the appropriate governmental agencies as to design, construction, operation, capacity, maintenance and expansion;

(6)

That the Franchise Agreement has no monetary value if the County or any other governmental agency seeks to acquire the Public Utility by any lawful means; and

(7)

That the issuance of the Franchise is not a bar to acquisition of the Public Utility by the County or any other governmental agency by lawful means.

(f)

Franchise Agreement amendments. Franchise Agreements may be amended upon mutual consent of the parties thereto.

(g)

Water impact fee requirement. A Franchisee receiving water from Sarasota County Utilities shall not sell water or provide water hookups to any customer unless the customer provides evidence to the Franchisee that all applicable building permits required by Sarasota County have been issued and all required water impact fees have been paid to Sarasota County for the structure or site for which water service is requested.

Where required water impact fees have not been paid, no Franchisee receiving water from Sarasota County Utilities shall enter into an agreement to sell water or provide water hookups to a customer at a future date unless provision has been made for payments of water impact fees to Sarasota County Utilities. Any other form of agreement or understanding shall be void and unenforceable to the extent it purports to commit to the sale by such Franchisee of water, water hookups or EDUs of water capacity at a future date.

(h)

Name change. No later than 30 days prior to changing the name of a corporation or other entity holding a Franchise, the Franchisee shall file a written notification with County Staff, and the Board shall adopt a Resolution acknowledging the change.

(Ord. No. 2016-041, § 2, 9-21-2016)