Laserfiche WebLink
Jul <br />71992 60K 50 PA"""166 <br />provided by the Board, and the provisions of this franchise shall <br />not extend beyond the limits of the area so restricted and <br />defined. <br />(b) The Corporation shall not commit or allocate water <br />connections to properties within the franchise territory in excess <br />of the total water volume necessary 'in order to meet the <br />reasonable needs of the particular property to which service is <br />requested. Water connection commitments are not transferable by a <br />Developer, except appurtenant to a transfer of all or part of the <br />real property owned by said Developer. In making the initial <br />determination as to whether the number of water connections <br />requested exceed the reasonable needs of the Developer, the <br />Corporation may rely upon certification by an engineer registered <br />in the State of Florida to the effect that the number of water <br />connections requested are designed to serve the needs of the <br />project undertaken by the Developer and are not in excess thereof. <br />(c) The Corporation shall not be required to furnish, <br />supply, install and make available its public water to any person <br />within the territory as hereinbefore setforth unless unreserved <br />capacity is available and the same may be done at such a cost to <br />the Corporation as shall make the addition proposed financially <br />feasible. Financially feasible shall mean that a fair and <br />reasonable rate of return shall be realized by the Corporation for <br />all its services under this franchise; that such rate of return on <br />the net valuation of its property devoted thereto under efficient <br />and economical management. The burden of showing that prospective <br />service to the area is not financially feasible shall be the <br />burden of the Corporation. Notwithstanding the foregoing, as a <br />condition to extending service within the franchise territory, the <br />Corporation may require Developer Agreements from Developers <br />pursuant to Section VIII(b). <br />SECTION XII <br />Except as otherwise provided, the Corporation or its <br />Shareholders shall not sell or transfer its plants or systems or <br />corporate stock to another nor transfer any rights under this <br />franchise to another without the approval of the Board. No such <br />sale or transfer after such approval shall be effective until the <br />vendee, assignee or lessee has filed with the Board an instrument <br />in writing reciting the fact of such transfer and accepting the <br />- =9 M <br />