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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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1. County -Appointed Appraiser <br />2. Corporation -Appointed Appraiser <br />3. An Appraiser selected by the two above persons <br />The appriasers 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 may Corporation make a <br />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. The Board may not cancel in part, limit, or <br />restrict this Franchise where the Board's action is without cause, <br />but must assume entire responsibility for servicing the territory <br />described in Section 4. <br />All monies, revenues, or other funds which are due and <br />owing to the Corporation prior to the actual date of termination shall <br />accrue to the Corporation, whether or not such monies have been col- <br />lected on or before the date of termination. Those funds accumulted <br />in the escrow account described in Section 17 shall accrue to the <br />benefit of the Corporation. <br />If the Board enters order pursuant to such hearing and the <br />Corporation or any other person feels aggrieved by such order, the <br />Corporation or such other person may seek review and appeal the Board's <br />action by proceedings in the Circuit Court of the County. <br />SECTION 25 <br />PUBLIC HEARING: As certain members of the general public <br />may be interested in the proceedings, any "hearing" or "public hearing" <br />required by the terms or conditions of this Grant of Franchise shall <br />be a public hearing. The following procedures shall be followed: <br />1. A petition shall be made to the Board, not less than <br />-17- <br />
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