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1981-058
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1981-058
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Last modified
3/6/2023 12:13:57 PM
Creation date
3/6/2023 12:13:39 PM
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Template:
Resolutions
Resolution Number
1981-058
Approved Date
08/19/1981
Subject
Transfer of Mooring Development Company Sewer Franchise
on application of Hutchinson Utilities, Inc.
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SECTION 21 <br />ANNUAL REVIEW: The County shall review and inspect the <br />physical treatment plant, premises thereof, and the collection <br />system a minimum of once annually (hereinafter, required review). <br />The required review shall be performed within the two weeks prior <br />to or after the anniversary date of the adoption of this Resolution. <br />The required review and any other review and inspection performed at <br />the option of the County shall be performed after County gives Corpor- <br />ation a minimum of 24 hours' notice. All physical reviews shall be <br />for the purpose of assuring continued satisfactory operation of the <br />facilities by the Corporation. Any deficiencies noted by the County <br />shall be provided to Corporation in a written list. Cost of the re- <br />quired review, which may take one to two days of Department staff <br />time, shall be borne by the Corporation. <br />SECTION 22 <br />TRANSFER OF FRANCHISE: The Corporation shall not sell or <br />transfer its plant or system to another nor transfer any rights under <br />this Franchise to another without the approval of the Board. The <br />Corporation shall not sell, transfer, or assign the majority of the <br />stock of the Corporation in such manner as to effectively transfer <br />the control of the Corporation without the approval of the Board. <br />Further, that no such sale or transfer after such approval shall be <br />effective until the vendee, assignee or lessee has filed with the <br />Board an instrument, in writing, reciting the fact of such transfer <br />and accepting the terms of this Franchise and agreeing to perform all <br />of the conditions hereof. This Franchise shall not be otherwise trans- <br />ferrable and assignable until notice or request for transfer and assign- <br />ment shall be given by the Corporation to the Board, in writing, ac- <br />companied by a request from the proposed transferee, which application <br />shall contain information concerning the financial status and other <br />qualifications of the proposed transferee and such other information <br />as the Board may require; excepting, however, where such transfer is <br />made to the County under the provisions of Sections 23 and 24. A <br />public hearing shah be held on such request. <br />-14- <br />
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