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Published: October 9, 2008
SEBRING - There could be a collective sigh of relief in Thunderbird Hills after the city of Sebring agreed to buy its waste water system, which had been reportedly operating without a state permit for about six years.
The Sebring City Council voted unanimously to approve a contract for $100,000, with money coming from its utility department fund, for the Landmark Utilities Sewer System, which serves about 513 customers at the mobile home park.
The city's plans would include tying in Landmark's package plant with a nearby solid waste treatment plant that the Sebring City Council also approved to buy Tuesday through a purchase agreement with Highlands Utilities Corp.
Landmark's purchase price includes the property upon which the plant is built, all infrastructure and easements and 23 undeveloped lots.
The deal is contingent upon getting the Florida Department of Environmental Protection and the Public Service Commission to release owner David S. Plank from any liability relating to the waste-water system's operation and maintenance.
Landmark Enterprises Inc., owned by Plank, is currently the subject of a civil lawsuit with the state DEP, dating back to 2002 and concerning the operation of the system without a permit, according to the Highlands County Clerk of Courts.
The city's hope is that DEP may drop the lawsuit after hearing news of Sebring stepping in, said City Attorney Bob Swaine.
It was earlier reported that Plank had notified the county in early May that he had planned to abandon the property in 60 days. As previously reported, the plant had been operating without a permit from the Department of Environmental Protection for six years.
The county, in turn, was going to take over the day-to-day operation of the plant, but later did not. It was unclear Wednesday how the matter was being handled by the DEP.
The city would have a 45-day inspection period from the date the contract is signed.
The deal would include asking the Highlands County Board of County Commissioners to endorse and approve a solution to the Thunderbird Hills sewer problem, including a solution on how to connect the system up with the Highlands Utilities plant, about a half mile up Thunderbird Road.
Swaine told the council that before the 45-day period is up, the city "can walk away for any reason, including the fact it's too sunny out."
The deal would also include approval to operate the system as is for 200 days, during which the city would submit a request for a permit to connect the system to the city's system.
Swaine described it as a joint effort between the city and the county to solve and fix the problem.
"We anticipate they will warmly receive they city's purchase of the property," Swaine said.
Council also voted 5-0 to approve the $1.55-million purchase of Highlands Utilities Corporation, a wastewater treatment system, located on the extreme southern end of Cougar Boulevard at the end of Thunderbird Road.
The sale price includes two sewer treatment plants, and all other infrastructure, territory and 1,286 customer base, as well as the $150,000 in property upon which the system is located, belonging to Pugh Septic Tank.
The city would pay $1.05 million at closing and the balance in equal installments over the next five years. The city has until Oct. 10 to sign the contract, Swaine told the council.
City staff has been instructed to schedule a public hearing on the deal by Oct. 21.
The exact time and date will be announced.
If approved, the closing is scheduled for Nov. 20.
Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com .
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