Polk County gave White Oak Development Partners, LLC until Monday, Oct. 31 to make good on an $115,752.50 debt for running a water line.
Polk County officials are now waiting on a court date in civil superior court to re-enact its lawsuit since no payment was made.
White Oak also owes the county $38,559 for its 2010 taxes, according to the Polk County Tax Office.
The last payment made to Polk County for the water line was on March 25, 2011 in the amount of $5,000, according to Polk County Manager Ryan Whitson.
Polk County sued White Oak in July 2010 when the development still owed approximately $135,000 for the water line. The county had already worked out an agreement for White Oak to pay the balance in installments over a five-month period, but White Oak only paid the first installment.
In September 2010, White Oak paid the county $15,000 and the county agreed to give the development another 120 days to pay the balance in full, which did not occur.
White Oak and Polk County entered into a contract on Nov. 3, 2008 for the county to provide potable water to the development at an original cost of $423,515. The contract was amended after the project came in under budget to $359,505.
White Oak put half the total costs in escrow, with the remainder to be paid by Aug. 31, 2009.
The county’s lawsuit claims breach of contract and asks that the amount owed be paid plus eight percent interest from the date of the breach of the contract.
Polk County paid for the water line extension out of its fund balance, and construction was completed in the fall of 2009.
The planned golf course residential development is located off Pea Ridge Road. The water line was extended from the county’s main line, which runs through Green Creek and connects the Broad River Water Authority to the Inman Campobello Water District.
White Oak’s local attorney, Phil Feagan, was not available as of press time yesterday to comment on the lawsuit.
The Bulletin also contacted Rutherford County officials with regard to whether White Oak has paid Rutherford County for a sewer line extension, but the call was not returned by press time.