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- M <br />LAW OFFICES <br />VOCELLE <br />GALLAGHER <br />P. D. Box 1900 <br />VERO BEACH, FLORIDA <br />72960 <br />and shall provide such demanding person with its services and <br />facilities within one (1) year from the date of such demand; <br />provided, however, that the Board may, upon application of the <br />Subdivision, extend the time for providing such service to such <br />demanding person. In the event the Subdivision fails to provide <br />its serviceg, and facilities, either as to a water system or sewer <br />system or both, to any area within the territory within the time <br />provided, then in such event the County may by resolution of -the <br />Board limit, restrict and confine the territory to that area then <br />being serviced by both water and sewer by the Subdivision or such <br />greater area as the Board shall determine and thereafter the <br />territory shall be only the area set forth, defined and provided <br />by the Board and the provisions of this franchise shall not extend <br />beyond the limits of the area so restricted and defined. <br />(b) The Subdivision shall not be required to furnish, <br />supply, install and make available its public water system or its <br />public sewer system or both to any person within the territory as <br />hereinbefore set forth, unless the same may be done at such a cost <br />to the Subdivision as shall make the addition proposed financially <br />feasible. Financially feasible shall mean that with a fair and <br />reasonable rate to be charged by the Subdivision for all its <br />services under this franchise; that such rate will produce to the <br />Subdivision a sum sufficient to meet all necessary costs of the <br />services, including a fair rate of return on the net valuation of <br />its property devoted thereto under efficient and economical <br />management. The burden of showing that a prospective service to <br />the area is not financially feasible shall be the burden of the <br />Subdivision. <br />SECTION XIII <br />The Subdivision shall not sell or transfer its plant or <br />system to another nor transfer any rights under this franchise to <br />another without the approval of the Board, and provided further <br />—7- <br />4", <br />APR 241974 <br />I <br />