§ 126-118. Application for Franchise renewal.

(a)

Renewal period. No later than nine months before the expiration of a Franchise, the Franchisee shall file an application for Franchise renewal. The Board may grant a Franchise renewal for up to ten years. If, as a result of the Franchisee's failure to file its renewal application on a timely basis, the Franchise Agreement expires prior to Board approval of the renewal, the Franchisee shall be assessed a fine of $300.00 per month for every month that the Franchisee is operating without a Valid Franchise Agreement and may be subject to enforcement action for operating a Franchise without a valid Franchise Agreement, including the appointment of a receiver pursuant to Section 126-131.

(b)

Form of application. An application for a Franchise renewal shall include the minimum filing requirements as set forth in subsection (d) of this section and shall be executed by an authorized representative of the Franchisee.

(c)

Nonrefundable application fee. The Franchisee shall pay the Board a nonrefundable application fee of $500.00 payable with the renewal application.

(d)

Minimum filing requirements. The Franchisee shall submit an original and ten copies of an application and attachments, which shall provide:

(1)

Full legal name and address;

(2)

The character of its organization, i.e., corporation, limited liability corporation, partnership, limited partnership, individual proprietorship, association, etcetera;

(3)

Certificate of good standing or equivalent from the Florida Secretary of State;

(4)

The names and addresses of all corporate officers and directors or equivalent, or the names and addresses of all Persons owning an interest in the Utility;

(5)

The date the Utility was initially franchised;

(6)

Evidence that the Franchisee owns the land where the Franchise facilities are located. Subject to Board approval, the Franchisee may enter into an agreement which provides for the long-term continuous use of the land;

(7)

A legal description of the area to be served using metes and bounds with township, range and section references;

(8)

A general area map indicating the area to be served and a simplified description of the area by referring to streets and other geographical landmarks. Water and wastewater plant sites shall be indicated;

(9)

A report indicating the status of the current operating permit and any bulk agreements for water and wastewater and an estimate of any known or anticipated capital expenditures required of the Franchisee;

(10)

A detailed schedule of fixed assets which shall include each utility asset and the date placed in service, its original cost and its accumulated depreciation through the most recent fiscal year;

(11)

A list of all enforcement actions taken by any local, State or federal regulatory agency, including, but not limited to, administrative orders, consent orders, and warning letters within the most recent three-year period. This list shall include the date of the alleged violation, corrective action taken and current status;

(12)

A statement of long-term (in excess of one year) loans, mortgages or other commitments since the most recent Annual Financial Report;

(13)

A list of as-built drawings indicating the date of completion of the project and the location of the utility assets. Unless otherwise agreed to by County Staff, copies of digital CAD files which delineate the size and location of pipes shall be required;

(14)

A list of all outstanding developer agreements with a statement indicating how many EDUs remain to be served for each outstanding agreement;

(15)

A detailed statement describing any current water loss;

(16)

Proposed capital improvements program, commencing with the date of the application for renewal; and

(17)

A copy of any Franchisee's proposed rules, regulations and service availability policy of the Franchisee if different from the Sarasota County "Water and Sewer Franchise Utilities Rules and Regulations";

(18)

Such additional information related to items (1) through (17) above as may be required by County Staff or the Board.

(e)

Board determination. Following a determination by County Staff that the application is complete, at a public hearing, the Board may grant, deny, or amend an application upon such conditions as it deems proper, and after requiring such further information as it deems necessary.

(Ord. No. 2016-041, § 2, 9-21-2016)