§ 28-297. Certificate of authorization/franchise.

(a)

Any utility which is engaged in the operation or construction of a system and which has not previously received express authority for operation from the board, shall make application by filing with the authority, within one hundred twenty (120) days of the effective date of the ordinance from which this article derives, the following:

(1)

A detailed map of its existing system, or system under construction, and planned extensions;

(2)

A certified copy of the certificate of authorization issued by the FPSC; including a legal description of the service area for which the certificate of authorization was issued and a certified copy of all orders issued by the FPSC granting the certificate;

(3)

A tariff, listing all FPSC or FCURIA approved rates and charges then in effect, all of which shall remain in effect until thereafter lawfully changed by the authority;

(4)

A copy of the FPSC or FCURIA approved operating regulations and procedures of the utility then in effect, which shall remain in effect until thereafter lawfully changed by the authority;

(5)

The then current rate base of the utility, as found by the FPSC or FCURIA which shall then continue to be the rate base of the utility until thereafter lawfully changed by the authority; and

(6)

Other minimum filing requirements as may be required by rule of the authority.

(b)

If a utility fails to comply completely with subsection (a) above, within one hundred twenty (120) days after the adoption of these regulations the Utility shall pay an administrative penalty of five hundred dollars ($500.00). Each day the utility is not in compliance with subsection (a) may be considered a separate violation subject to the administrative penalty. The administrative penalty paid by the utility shall not be included in any rate case in any manner but shall be borne entirely by the utility, not the utility's customers. Interest will accrue daily and be payable at a rate to be set by the authority. The administrative penalty may be collected in a civil court of law of competent jurisdiction.

(c)

Within sixty (60) days of a utility's submission of an application pursuant to subsection (a), the authority shall render a decision whether such application is complete and thereupon set the official date of filing.

(d)

If the authority finds that the application is deficient for failure to satisfy all filing requirements, the authority shall return the application to the utility for revisions. The utility shall have thirty (30) days to revise and resubmit such application to the authority which shall have twenty (20) to review the revised application. These time periods may be summarily extended by the administrator for good cause. Penalties, as in subsection (b), shall apply if the revised application is not submitted within the time period specified herein.

(e)

At such times as the authority determines the utility's application satisfies all requirement of subsection (a), the authority shall issue one or more franchise certificates to the utility.

(f)

No person shall build, install, maintain, or operate any privately owned public water or wastewater system or bulk water system in any area of the county unless the authority has granted a franchise to the person, or active application to acquire a franchise certificate for the respective service is then pending before the authority or unless the person is exempt under this article and the regulations adopted by the authority.

(g)

No utility shall create or give an undue or unreasonable preference or advantage to any person or locality, or subject any person or locality to any undue or unreasonable prejudice or disadvantage in any respect.

(h)

A franchisee shall have the responsibility of serving the entire area covered by the franchise upon acceptance of the franchise.

(i)

The franchise shall have no monetary value if the county or any other appropriate governmental agency seeks to acquire the utility by any lawful means.

(j)

The issuance of the franchise is not a bar to the acquisition of the utility by the county or any other governmental authority.

(k)

No franchisee shall provide water or wastewater service to any customer for new construction unless the customer provides evidence to the franchisee that all applicable building permits required by the county or other legally enabled government entity have been issued.

(l)

A new utility is a utility applying for a franchise from the county, except pursuant to subsection (a).

(1)

Each applicant for issuance of a franchise certificate for a new utility shall:

a.

Provide information required by rule of the board and/or authority which may include detailed inquiry into the ability of the applicant to provide service, the planned service territory, all facilities involved, the need for service in the planned service territory involved, and the existence or nonexistence of that utility service from other sources within nearby geographical proximity to the service territory applied for;

b.

File with the authority schedules showing all proposed rates, fees, classification and charges for service of every kind to be furnished by it; also all policies, procedures, and written contracts relating thereto;

c.

Submit an affidavit that the applicant has caused notice of its intention to file an application for the new franchise; which notice must be delivered by mail or other actual delivery to the authority, and to such other persons and in such other manner as may be prescribed by rule of the authority. Such notice shall be given at least twenty (20) days prior to the filing of such application;

d.

If required by the administrator, or by the authority, file a certified copy of its certificate of incorporation, if any; any audited financial statement; an inventory of assets; and other information such that the authority can determine whether or not the applicant is qualified to be issued a franchise certificate. The authority may require the applicant to post a bond, satisfactory to the authority in form and sureties, to guarantee compliance with any conditions imposed by the authority for issuance of the franchise(s);

e.

File the application fee established by the authority, or if no fee has been established, the fee that would be required by the FPSC for the same application;

f.

The application shall be signed by the person who will be the holder of the franchise; and

g.

Establish that the applicant has met all other local, state and federal requirements for a new utility.

(2)

The authority may issue an order approving the franchise certificate in whole or in part, with or without modification, or deny any franchise certificate. No utility shall be granted greater authority than that requested in the application and any amendments thereto, the authority shall not issue an order to grant a franchise certificate for a proposed system or for the extension of an existing system which will be in competition with, or a duplication of, any other system or portion of a system, unless it first determines that such other system or portion thereof is not adequate to meet the reasonable needs of the service area and all other service commitments, if any, outside of the service area, or that the system is unable to, or that its principals refuse to or have neglected to, provide adequate utility services;

(3)

If the authority does not receive written objection to such an application within twenty (20) days following the official date of filing of the application, the authority may issue an order on the application without a public hearing thereon;

(4)

If, within twenty (20) days following the official date of filing of such an application, the authority receives from a utility, a governmental authority, or any consumer that would be substantially affected by the requested certification, a written objection requesting a hearing, the authority may conduct a public hearing, generally within twenty (20) days from actual receipt of the written objection, unless the hearing is extended by the authority or its administrator. The authority may also appoint a hearing officer to conduct an evidentiary hearing pursuant to sections 28-294 and 28-300;

(5)

A hearing held pursuant to subsection (l)(4), above, shall result in an order issued by the authority, if the authority conducts the hearing. If a hearing officer conducts the hearing and issues a recommended order, within sixty (60) days of the issuance of such recommended order, the authority should review the matter and may hear legal arguments concerning the recommended order. Based upon such review and any such legal arguments presented, the authority shall enter a final order on the matter; and

(6)

The authority may deny the application or require amendment to any certificate on the grounds that such service will violate the established local comprehensive plan adopted by the county pursuant to Florida Statutes.

(m)

In reviewing the application, the authority shall consider the following:

(1)

The applicant's apparent ability to have or acquire sufficient resources to build, install and operate the proposed utility consistent with all applicable regulations;

(2)

The apparent ability of the applicant to provide the proposed service(s) to the territory with the proposed facilities involved, the need for service in the territory involved, and the existence or nonexistence of such utility service from other sources within the geographical proximity to the territory for which the utility has applied; and

(3)

Whether the application conflicts with the county's local comprehensive plan, including all relevant capital improvement programs adopted by the board.

(n)

Each franchise certificate applied for, except those described in subsection (a) above, shall specify and acknowledge:

(1)

Such terms and conditions as may be deemed necessary by the board to protect the public health, safety or welfare;

(2)

Whether the franchise is for a water system, wastewater system, or bulk water utility, or applicable combination thereof;

(3)

The franchise certificate for a bulk water utility may include all or part of an area covered by the franchise of another utility. Subject to economic feasibility, the utility must serve its entire certificated area(s);

(4)

That the franchise certificate is not any impediment to acquisition of the utility or any part of its territory by the county and/or any other governmental agency, by purchase, condemnation, or otherwise;

(5)

That the county has full power and authority to grant a license or franchise to any other person or entity to construct, maintain, repair, operate, and remove lines for the transmission of water, wastewater, gas, power, television, telephone, and/or any other public utilities whatsoever, under, on, over, across, through, and/or along every public road, public highway, other public right-of-way, or utility easement for the respective uses acquired by the county, by any other governmental agency, by purchase, gift, devise, dedication, prescription, or by any other means;

(6)

That the utility shall prevent the creation of and shall not allow or suffer to continue the obstruction or any other conditions which are or may become physically dangerous to any member of the general public;

(7)

That the utility shall repair any and all damage and/or injury to public and private streets, roads, highways, and all other tangible property caused by reason of the exercise of any privileges granted in the franchise and at no direct cost to the county or other governmental agency, shall promptly repair all such damage or injury to all public streets, roads, highways, and other tangible property, restoring each to the conditions at least equal to the conditions that existed immediately prior to the infliction of such physical damage or injury by or on behalf of the utility;

(8)

That the utility shall indemnify and hold harmless the county, the board, and its members, the authority and its administrator, and all employees and members of all of the above, from any claims, suits, and damages that may result, directly or indirectly, from any exercise of (or failure to exercise) any rights, privilege(s) and/or licenses granted or authorized by the franchise certificate;

(9)

That in the event of widening, repairing, relocating, or reconstruction, of any public street, public road or public right-of-way, the utility shall, at no cost to the county or any other governmental authority, relocate as needed all utility lines and other tangible property of that utility;

(10)

That the issuance of the franchise certificate shall not entitle the franchisee to any consideration and shall not otherwise prevent, bar, or hinder the county and/or any other governmental agency from closing, abandoning, relocating, vacating, discontinuing, improving, or reconstructing any public street, road, or other right-of-way or easement, except those that are private;

(11)

That the utility shall comply with all then applicable rules, regulations, and standards pertaining to such utility from all governmental agencies having jurisdiction;

(12)

That the utility shall always maintain and keep all improvements in good repair and, subject to economic feasibility of the utility, shall provide all franchised utility services within a reasonable time to all persons requesting such service to be provided within the certificated territory;

(13)

That if the authority determines that it is appropriate to install fire hydrants for the purposes of combating fires, the county has the right and privilege of doing so, and may order the utility to make such connections and charge to its customers, pro rata, for labor and materials used in the installation of said fire hydrants and other appurtenances necessary for furnishing water from the respective distribution system to said fire hydrants; in such cases the charge to the utility's customers shall be the utility's actual cost for making the connections, together with a fair return on the utility's investment therein;

(14)

That the franchise certificate shall not be deemed to constitute a county requirement that any landowner use the utility's water, nor shall this article be construed to constitute a county imposed prohibition against any landowner using well water for consumption, irrigation, recreation and/or yard maintenance;

(15)

Provision for revocation of the franchise certificate in the event of any violation of its terms or of violation of this article, and/or any other logically related county ordinance or rule of the authority;

(16)

Provisions for the reasonable time within which the utility service granted in the franchise shall be made available to the customers of the utility, including a schedule of estimated dates by which each utility service will be provided to customers; and that if no such service is provided within the time prescribed, that the franchise shall be automatically void unless the authority extends that time for good cause shown provided that an application for such an extension of time is made before expiration of the "no actual utility service" time prescribed in the franchise. The grant of a time extension will require additional conditions that the authority deems appropriate to assure the provision of adequate service within an additional reasonable time;

(17)

Such modifications of any provisions authorized under the preceding paragraphs as may be necessary;

(18)

Provisions for purchase of the utility by the county on such terms and conditions as the board shall determine to be proper to best serve the public health, safety and/or welfare;

(19)

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

(20)

That the franchise may be amended at any time upon mutual consent of the parties thereto;

(21)

If a utility requires a deposit from its customers, it shall once each year, credit to each respective customer account, pro rata all interest accrued on the principal. Such accrued and unpaid interest shall be credited or paid to the customer when the customer's deposit is discontinued; and

(22)

Additional provisions as are required from time-to-time by rule of the board or the authority.

(o)

Claim of exemption from regulation. Each person who or entity that claims an exemption from regulation by the county through application of any one or more of subparagraphs of section 28-293(b), must file with the Authority an affidavit sworn to upon personal knowledge and signed by the affiant, who must be an authorized representative of the applicant. The affidavit must contain the name of the utility, its complete street and mailing address, and sufficient information describing the utility system upon which a determination as to the applicant's asserted exempt status can be ascertained by the authority, plus citation to the specific subparagraph of section 28-293(b) above, upon which the asserted exemption is based. Such application for declaration of exemption may be granted by final order of the authority without any public hearing thereon, but if a complaint is filed by any person or entity with standing, the authority may hold a public hearing to consider and decide the merits of the application by final order.

(p)

Transfer of franchise certificate, facilities, or control. No utility shall sell, assign, or otherwise transfer its franchise certificate, its system facilities or any portion thereof, or majority organizational control, without determination and approval from the authority that the proposed sale, assignment, or transfer is in the public interest and that the buyer, assignee or any other transferee can and will fulfill the commitments, duties and obligations of the existing utility. The minimum filing requirements shall be as specified by rules of the board or authority.

(1)

The board may grant or deny an application for any defined utility transfer upon requiring such further relevant information as it deems necessary and upon findings pertaining to the following criteria:

a.

The application is made in good faith;

b.

The transferee has sufficient resources to serve the area for which the transfer is sought;

c.

The transferor utility is in regulatory compliance;

d.

The known and projected economic impact on the utility's customer base and the utility's improvements elements;

e.

The application's compliance and compatibility with the county's master land use plan, including capital improvements elements.

(2)

Any transfer approval in accordance with this article is subject to the agreement that the authority shall retain the right to regulate utility rates pertaining to any utility under its authority.

(q)

The transferor shall remain liable for any outstanding franchise fees, assessment fees, fines of the utility due to the county or refunds of the utility due to its customers.

(r)

Following a determination by the authority that the application is complete, the authority may grant, deny, or amend the application for any transfer upon such conditions as it deems proper, based upon substantial, competent evidence as to the public interest, and after requiring such further relevant information as it deems necessary.

(s)

A request for transfer of certificate of authorization or franchise, facilities or any portion thereof, to a non-governmental entity, or to a governmental entity or quasi-governmental entity not providing services entirely within its own jurisdiction shall include the following:

(1)

The complete name and address of the seller;

(2)

The complete name and address of the buyer;

(3)

The nature of the buyer's business organization, i.e., corporation, partnership, limited partnership, sole proprietorship or association with documentation supporting same;

(4)

The name(s) and address(es) of all of the buyer's corporate officers, directors, partners or any other person(s) who will own an interest in the utility with documentation supporting same;

(5)

Same as subsections (3) and (4) above for all affiliates of buyer, i.e., parent corporation, affiliated corporation or other related entities with documentation supporting same;

(6)

The date and state of incorporation or organization of the buyer;

(7)

The names and location of any other water or wastewater utilities owned by the buyer or owned entities in any way affiliated with the buyer;

(8)

A list of penalties, fines, and regulatory procedures imposed within the last five (5) years on the buyer or any related entities resulting from the operation of water and/or wastewater facilities;

(9)

A detailed list of all governmental regulatory entities, with addresses, having regulatory jurisdiction over any aspect of the business of the buyer or any of its affiliates;

(10)

A list of all pending items, as in subsection (8) above, of which the buyer and its affiliated entities are aware;

(11)

A copy of the contract for sale and all auxiliary or supplemental agreements, which shall include, if applicable:

a.

Purchase price and terms of payment;

b.

A list of and the dollar amount of the assets purchased and liabilities assumed or now assumed, including those of non-regulated operations or entities; and

c.

A description of all consideration of any kind between the parties or individuals employed or to be employed by either party;

(12)

The contract for sale shall also provide for the disposition, where applicable, to the following:

a.

Customer deposits and interest thereon;

b.

Any guaranteed revenue contracts;

c.

Developer agreements;

d.

Customer advances;

e.

Debt of utility; and

f.

Leases;

(13)

A statement describing the financing of the purchase in detail;

(14)

A statement indicating how the transfer is in the public interest, including a summary of the buyer's experience in water or wastewater utility operations, a showing of the buyer's financial ability to provide service, and a statement that the buyer will fulfill the commitments, obligations and representations of the seller with regard to all utility matters;

(15)

A list of all entities upon which the applicant is relying to provide funding to the buyer, and an explanation of the manner and amount of such funding, which shall include their financial statements and copies of any financial agreements with the utility;

(16)

The proposed net book value of the system as of the date of the proposed transfer. If rate base has been established by the FPSC, the FCURIA, or subsequently by the authority, state the order number and date issued and identify all adjustments made to update this rate base to the date of transfer and provide a certified copy of said order;

(17)

If the books and records of the seller are not available for inspection by the authority or are not adequate for the purpose of establishing the net book value of the system, a statement by the buyer that a good faith, extensive effort has been made to obtain such books and records for inspection by the authority and detailing the steps taken to obtain the books and record;

(18)

A statement from the buyer that it has obtained or will obtain copies of all of the federal income tax returns of the seller from the date the utility was first established or rate base was last established by the authority, or if not by the authority by the FPSC, the FCURIA, or, if the tax returns have not been obtained, a statement from the buyer detailing the steps taken to obtain the returns;

(19)

A statement from the buyer that after reasonable investigation, the system being acquired appears to be in satisfactory condition and in compliance with all applicable standards set by the department of environmental protection (DEP) or, if the system is in need of repair or improvement, has any outstanding notice of violation of any standard set by the DEP or any outstanding consent order with the DEP, the buyer shall provide a list of improvements and repairs needed and the approximate cost to make them, a list of the action taken by the utility with regard to the violation, a copy of the notice of violation(s), a copy of the consent order and a list of the improvements and repairs consented to and the approximate cost to make them and a schedule of when and how the improvements are to be made;

(20)

Evidence that the utility owns the land upon which the utility treatment facilities are located, or a copy of the agreement which provides for the continued use of the land, such as a ninety-nine (99) year lease. The authority may consider a written easement or other cost-effective alternative;

(21)

A statement regarding the disiposition of any outstanding franchise fees, fines or refunds owed;

(22)

The original and two (2) copies of sample tariff sheets reflecting the change in ownership; and

(23)

The utility's current certificate(s), or if not available, provides an explanation of the steps the applicant took to obtain the certificate(s).

(t)

In a request for a change in majority organizational control, the application shall include the following:

(1)

The complete name and address of the seller;

(2)

The complete name and address of the buyer;

(3)

The nature of the buyer's business organization, i.e., corporation, partnership, limited partnership, sole proprietorship or association;

(4)

The name(s) and address(es) of all of the buyer's corporate officers, directors, partners or any other person(s) who will own an interest in the utility;

(5)

Same as in subsections (3) and (4) above for all affiliates of buyer, i.e., parent corporation, affiliated corporation or other related entities;

(6)

The date and state of incorporation or organization of the buyer;

(7)

The names and location of any other water or wastewater utilities owned by the buyer or owned entities affiliated with the buyer;

(8)

A list of penalties, fines, and regulatory procedures imposed within the last five (5) years on the buyer or its related entities resulting from the operation of water and/or wastewater facilities;

(9)

A list of all pending items, as in subsection (8) above, of which the buyer and its affiliated entities are aware;

(10)

A copy of the contract for sale and all auxiliary or supplemental agreements, which shall include the purchase price and terms of payment;

(11)

A statement describing the financing of the purchase;

(12)

A statement indicating how the transfer is in the public interest, including a summary of the buyer's experience in water or wastewater utility operations, a showing of the buyer's financial ability to provide service, and a statement that the buyer will fulfill the commitments, obligations and representations of the seller with regard to utility matters;

(13)

A list of all entities upon which the applicant is relying to provide funding to the buyer, and an explanation of the manner and amount of such funding, which shall include their financial statements and copies of any financial agreements with the utility;

(14)

A statement from the buyer that after reasonable investigation, the system being acquired appears to be in satisfactory condition and in compliance with all applicable standards set by the department of environmental protection (DEP) or, if the system is in need of repair or improvement, has any outstanding notice of violation(s) of any standard set by the DEP or any outstanding consent order with the DEP, the buyer shall provide a list of improvements and repairs needed and the approximate cost to make them, a list of the action taken by the utility with regard to the violation, a copy of the notice of violation(s), a copy of the consent order and a lists of the improvements and repairs consented to and the approximate cost to make them;

(15)

Evidence that the utility owns the land upon which the utility treatment facilities are located, or a copy of the agreement which provides for the continued use of the land, such as a ninety-nine (99) year lease. The authority may consider a written easement or other cost-effective alternative;

(16)

The original and two (2) copies of sample tariff sheets reflecting the change in ownership; and

(17)

The utility's current certificate(s), or if not available, provides an explanation of the steps the applicant took to obtain the certificate(s).

(u)

Deletion of territory.

(1)

Each utility, within a reasonable time, shall provide service to the territory described in its franchise certificate. If the authority finds that a utility has failed to provide service to any person reasonably entitled thereto, or finds that extension of that service to any such person can be accomplished only at an unreasonable cost and that transfer of subject territory to another utility is reasonable, economical and feasible, it may issue an order to amend the franchise certificate to delete the territory not being serviced or not being properly served by the utility. If utility service has hot been provided to any part of the territory which a utility is authorized to serve, whether or not there has been a demand for such service, within five (5) years after the date of the utility's first authorization for such services, to such part of the territory, the authority may issue an order to amend or revoke such authorization for service, including deletion of that territory from the certificated or franchise area of the utility.

(2)

Each applicant who requests deletion of a utility's service territory shall:

a.

Provide the minimum filing requirements, which shall include a detailed inquiry into the ability or lack of ability of the applicant to provide the utility service in the area sought to be deleted, the need or lack of need for the utility service in that area, and the existence or nonexistence of the utility service from other sources within close geographical proximity to that area.

b.

Submit a sworn affidavit based on personal knowledge of an officer of the utility that the applicant has caused notice of its intention to file an application to delete that service territory to be delivered by mail or other means of actual delivery to the authority. Such notice shall be delivered at least twenty (20) days prior to the initial filing of that application.

(3)

If the authority does not receive written objection to the application within twenty (20) days following the official filing date of the applications, the authority may issue an order on the application without a hearing.

(4)

If within twenty (20) days following the official date of filing, the authority received a written objection requesting a hearing from any governmental agency, from another utility, or from a person who would be substantially affected by deletion of any part of the requested territory, the authority may conduct a hearing thereon and then issue an order on the application. The authority may also appoint a hearing officer to conduct a hearing pursuant to section 28-294.

(5)

The authority shall consider the same criteria and standards for consideration of any application relating to a franchise certificate.

(v)

Additional service area.

(1)

Proposed additions of utility service into any additional service area shall not be commenced until the utility first obtains an amended franchise certificate from the authority.

(2)

An application to amend a franchise certificate to add to the utility's territory shall be made at any time within sixty (60) days following the completion of all notice requirements for same. The application shall be filed with the applicable application fee, or if no fee has been established, the fee that would be required by the FPSC for the same application, and shall contain a map and legal description of all additional territory proposed to be served, along with such other minimum filing requirements by rules of the authority. The authority shall issue a final order regarding the application.

(3)

Except in very exceptional instances and always based on necessity, the authority will not authorize extension of franchise territory to any land that is not contiguous to the utility's then service territory or that is not within the county, or in such manner as to create pockets of unserved areas. Any application for extension of any service territory that is not in accord with this policy shall specify in detail the necessity for variance to this policy and how the public interest will be served notwithstanding lack of adherence to this policy.

(4)

The authority may render its decision upon such conditions as the authority deems proper, and may require further relevant information as it deems necessary. The authority shall consider whether:

a.

The application is made in good faith;

b.

The applicant has sufficient resources to serve the area for which the extension is sought;

c.

The utility has sufficient capacity to serve the proposed added area;

d.

The conceptual plan that shows the layout of the proposed system filed by the applicant demonstrates that, as applicable, the source of water, method treatment of water, method of treatment of wastewater, and method of disposing of sewage effluent are adequate to protect the public health, safety, and welfare;

e.

Whether the application conflicts with the county's local comprehensive plan, including capital improvement elements.

(5)

The authority may hold hearings to consider an application for a boundary change. The authority may also appoint a hearing officer to conduct a hearing pursuant to section 28-294.

(6)

The utility, at no cost to the county, shall file with the authority a copy of the construction plans for the system which plans must have been approved as required by applicable governmental agencies prior to any utility construction being initiated, at no cost to the county.

(w)

Abandonment. Water or wastewater service to customers of a utility shall not be interrupted by the actual or constructive abandonment or placement into receivership of a utility. To that end:

(1)

No person owning, operating, managing or controlling a utility shall abandon the utility without giving at least sixty (60) days advance written notice of such intent to the county and to the authority. Anyone who violates the provisions of this subsection is guilty of an offense in the manner of a misdemeanor, punishable pursuant to F.S. § 162.21.

(2)

After receiving such notice, the authority, absent compelling circumstances, may petition the circuit court to appoint a receiver, which may be the administrator of the authority, or any person deemed appropriate by the court. The receiver shall operate the utility from the date of abandonment until such time as the receiver disposes of the property of the utility in a manner designed to continue the efficient and effective operation of all such utility services. All costs of the receivership, including expenses of the receiver operating and disposing of the utility, plus attorney's fees incurred by the receiver and by the authority or the board, if any, shall be assessed as a lien against and paid by the owner of the utility.

(3)

The notice to the county and to the authority under subsection (1), above, is sufficient cause for revocation, suspension, or amendment of the franchise certificate of the utility as of the date of the abandonment. The person designated to operate such utility shall automatically be considered to hold temporary authorization to operate from the authority.

(x)

Revocation of a franchise. No franchise certificate shall be revoked until the authority or an appointed hearing officer has held an evidentiary hearing on such matter. Notice of intent to consider revocation shall be given to the utility in a charging document at least sixty (60) days before the date of the evidentiary hearing. Such notice shall be issued by the authority and shall specify all reasons on which revocation is sought, stating the facts on which such reasons for revocation are based. If the authority determines after the evidentiary hearing that the basis for revocation has been established, the authority shall issue an order to revoke the franchise certificate or may require any other remedy provided for in this article or otherwise by law.

(Ord. No. 2002-20, § 7, 10-8-02; Ord. No. 2016-15, §§ 4, 5, 8-9-16)