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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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claim therefor. County may only acquire the treatment plant, site <br />thereof, and on-site related utility facilities for the purpose of <br />operating a sewer treatment plant facility servicing the territory <br />set forth in Section 4. <br />If the Board enters order pursuant to such hearing the <br />the Corporation or any otHer person feels aggrieved by such order, <br />the Corporation or such other person may seek appeal or review of the <br />Board's action by proceedings in the Circuit Court of the County. <br />SECTION 24 <br />TERMINATION NOT FOR CAUSE: If the County desires to term- <br />inate the Franchise for reasons other than the Corporation's failure <br />or refusal to promptly and faithfully keep, perform, and abide by <br />each and all of the terms and conditions of this Franchise, then the <br />Board shall: <br />1. Demonstrate it has the present ability to service <br />the territory ::dth u County/mu <br />,, �u���y��uunicipai system. <br />2. Give the Corporation written notice of not less than <br />ninety (90) days time of its intent to terminate the <br />Franchise. Within this time, the Corporation shall pre- <br />pare any claims it may have. <br />3. Petition for a public hearing after the notice <br />period concerning the termination and claims related <br />thereto has expired. <br />After such hearing, at which all interested parties shall be <br />heard, the Board may wholly terminate and cancel the same determining <br />the claims and the just costs thereof. <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 />-16- <br />
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