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- BOOK 221 <br />. <br />11982 <br />The public hearing was held on August 19, 1981, and Resolution <br />No. 81-58 was approved granting "Hutchinson Utilities Inc." the <br />"exclusive franchise, right and privilege to erect, construct, <br />operate and maintain a sewer system within the prescribed terri- <br />tory * * * it. - - <br />The "prescribed territory" was the same territory which was <br />the subject of the earlier exclusive franchise granted to the <br />Moorings Development Co. in October, 1973. There is nothing,in <br />Resolution No. 81-58 transferring, or otherwise rescinding or <br />repealing the earlier Moorings franchise. Indeed, under Sub- <br />section (g)(1, 2 and 3) of the County "Utility Act", no transfer <br />of the franchise could take place without Board approval at a <br />public hearing. Moreover, under the.express terms of the original <br />franchise, Section 13: <br />"The Company, (Moorings) shall not sell or transfer <br />its plant or system to another nor transfer any <br />rights under this franchise to another without the <br />approval of the Board ***" <br />Not only was there no express approval of the transfer of <br />the franchise, but there wds no request for and no apprc)val of <br />the sale or transfer of the Moorings "plant or system to another". <br />Upon information and belief, no such sale or transfer of the <br />Moorings "plant or system" has ever been made to either the <br />"Hutchinson Utility Company" nor to "Hutchinson Ui:i ] itiv- Inc <br />Further, upon information and belief, aieithcwr of the letter h o- e <br />ever taken any steps to erect or construct a plane or system <br />pursuant to the express terms of the "exclusive" franchise pur- <br />portedly granted to them under Resolution No. 8158. <br />If the purported "exclusive" franchisee .under Resoliitiori ' No . <br />81-58 has neither acquired the Moorings plant or system in the <br />franchised area, nor otherwise erected or constructed a plant <br />or system of its own in the franchised area, then it has no <br />authciity, either as a transferee under the original Moorings <br />franchise, or as an erector or constructor under Resolution 81-58 <br />to charge users for connection to or for use of the system, <br />except possibly as agent for the original and subsisting franchisee. <br />- 2 - <br />