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The Chairman read the foregoing Notice and asked if anyone present <br />wished to be heard. Attorney Charles E. Smith, representing Mr. A. T. <br />LeFever, also present, owner of Carver Colony Subdivision, opposed the <br />transfer and asked that the Board exclude from the•£ranchise, the area <br />south of North Gifford Road, which is approximately 440 acres and includes <br />Mr. LeFever's property; and also that the Board amend the franchise, in <br />Section 20, to clarify that mandatory hookupis-not required. Mr. Smith <br />further stated "that the Franchise is for'forty years, with no require- <br />ments as to starting date, completion date, and no performance bond <br />required, which will place an undue restriction to tie up the property <br />for forty yeari with no requirements as to performance. The Franchise <br />provides, upon transfer, that acceptable financial statements be <br />provided to the Board" (andkreferred to the letter from Robert F. Cochrane, <br />CPA, and the Proforma Opening Balance Sheet which were made part of the <br />Petition) "and it is our contention that this requirement has not been <br />met". <br />During discussion it was brought out that Mr. LeFever owns ten <br />acres and has an option to buy an additional ten acres in the area <br />requested to be excluded from the franchise (40 homes and 4 more proposed) <br />and when asked if they knew the feelings of the other property owners in <br />this area, Mr. Smith responded "no". It was also brought out that there <br />is a provision in the franchise that any person requesting service and <br />is not given service within one year, then his property is to be deleted <br />from the franchise area. <br />Mr. Russell Burks and his Attorney, G. Kendall Sharpe, were present, <br />and stated "that the proposed transfer of franchise is verbatim transfer <br />of the franchise granted to Mr. Burks, nothing is being changed except <br />it is being transferred to a non profit corporation, registered in <br />Tallahassee. The assets will be in the corporation at the moment the <br />franchise is transferred to the corporation. The franchise'is contingent <br />upon the loan, once the transfer is granted, the loan is approved subject <br />to this transfer. It is necessary that the whole area be encompassed <br />in order to be approved for Federal Aid". As to the charge of a delay <br />of forty years, Mr. Sharpe stated "that the project will be underway <br />NOV 23 6,5F ten 1.0 PACE 69 <br />