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40 b. The Company shall not be required to furnish, supply, install and make available its public water system to any person within the territory ® I as hereinafter set forth, unless the same may be done at such a cost to the 40 Company as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all the services under this franchise. That such rate will produce to the Company a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net 11 valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Company. SECTION 13 The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to'another without the approval of the Board and provided, further, that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform i all of the conditions thereof. In any event this franchise 'shall not be trans- ferrable and assignable until notice or request for transfer and assignment shall be given by the Company to the Board in writing, accompanied by a re- quest from the proposed transferee, which application shall contain informa- tion concerning the financial status and other qualifications of the proposed i transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publi- cation in a newspaper regularly published in the County at least one time cation C'7 CO not more than one month nor less than one week preceeding such hearing. o Certified proof of publication of such notice shall be filed with the Board, R O Said hearing may thereafter be continued from time to time as determined rJ L by the Board. The Board will, however, approve or disapprove such sale j r� or transfer within ninety (90) days from the date of said public hearing. The O consent by the Board to any assignment of this franchise shall not unreason- -7 - Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960