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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 23 <br />TERMINATION FOR CAUSE: If the Corporation fails or refuses <br />to promptly and faithfully keep, perform and abide by each and all of <br />the terms and conditions of this Franchise, then the Board shall: <br />1) Give the Corporation written notice specifying the <br />deficiencies or defaults and a reasonable time within <br />whirh the Corporation shall remedy the same. <br />2) Petition for a public hearing if the deficiency or <br />default iias not been remedied within the time specified <br />in the notice. <br />After such hearing, at which all interested parties shall <br />be heard, the Board may further limit or restrict this Franchise or <br />may terminate and cancel the same in whole or in part if proper <br />reasons therfor are found by the Board. The Board shall review any <br />claims for repair or replacement as exist, ordering same to be per- <br />formed by the County. Such repairs shall be paid for from the funds <br />held in escraw des... in 'bed x_ <br />. .Jc l.bl U11 17. <br />If the Board wholly terminates and cancels this Franchise, <br />the value of the treatment plant, all related utility facilities in- <br />cluding assets in the ground, and the plant site thereof shall be <br />determined by a panel of appraisers authorized by the County and the <br />Corporation. Such group shall consist of qualified appraisers having <br />the M. A. I. designation of the American Institute of Real Estate Ap- <br />praisers or the S. R. E. A. designation of the Society of Real Estate <br />Appraisers, constituted as follows: <br />1. County -Appointed Appraiser <br />2. Corporation -Appointed Appraiser <br />3. An Appraiser selected by the two above persons <br />The appraisers so authorized and constituted shall make a final de- <br />termination of fair market value of the treatment plant, all related <br />utility facilities including assets in the ground, and the plant site <br />thereof which determination shall be final and binding upon the County <br />and the Corporation. The Corporation expressly agrees that the panel <br />of appraisers shall not consider intangibles such as customer lists, <br />profits or losses, in their appraisal, nor n,.ay Corporation make a <br />
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