1/18/1984 - Laserfiche WebLink

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I JAN 19 1984 K R 55 pw-87 Attorney Micale once again objected and stated he did not know what the relevancy is of any historical rates. He noted you could go back to 1925. Commissioner Lyons felt we covered this part of the case this morning and we are on another phase now. Intervener White stated that what the rates were is a part of the public record. He wished to introduce into the record a copy of the complaint filed by the DER in 1981 as Intervener's Exhibit 11. Chairman Scurlock believed that already is in the record as a part of the Board's backup material. Intervener White wished to sum up his presentation. He noted that when this franchise was granted, there were two serious problems: they were going to complete a basic unit by the fall of 1981 which included buying a 100,000 gpd plant in Jacksonville for $100,000, and there was no disclosure to the Commission of the fact that they were going to have to get out of the property in The Moorings. On that basis, Intervener White stated that he is seeking a recision of the franchise, and if this is not granted, it is his intention to make an appeal. He continued that he is not sure the Commission wants to make such a decision at this point since there is a study of.the possibility of annexation into the City and he would hope the Commission would not take action while this is taking place. Inter- vener White further requested that the Board give him about two weeks to prepare a brief summing up their position in this case, which he would file with the Commission. Attorney Micale wished to respond with respect to the request for recision of the franchise based on a techni- cality that he did not know whether or not actually occurred and also based on the fact that his client does not own the land. He noted there are many utilities in surrounding. areas where a plant is situated on leased property. With 65