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1974-015
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1974-015
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7/1/2022 11:10:09 AM
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7/1/2022 11:10:09 AM
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Resolutions
Resolution Number
1974-015
Approved Date
03/20/1974
Resolution Type
Franchise
Subject
Maguire/Treasure Cost Utilities Franchise
Sewer & Water Franchise Adopted March 6, 1974
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• territory as hereinafter set forth, unless the same may be done at such a <br />cost to the Owner as shall make the addition proposed, financially and physically' <br />feasible. Financially feasible shall mean that with a fair and reasonable rate <br />to be charged by the Owner for all the services under this franchise, to <br />the end, that such rate will produce to the Owner a sum sufficient to meet <br />all necessary costs of the services; including a fair rate of return on the <br />net valuation of its property devoted thereto, under efficient and economical <br />management. The burden of showing that a prospective service to the area <br />is not financially feasible shall be the burden of the Owner. <br />SECTION 13 <br />The Owner shall not sell or transfer its plant or system to another nor <br />transfer any rights under this franchise to another without the approval of the <br />Board and provided, further, that no such sale or transfer after such approval <br />shall be effective until the vendee, assignee or lessee has filed with the Board <br />an instrument in writing reciting the fact of such transfer and accepting the <br />terms of this franchise and agreeing to perform all of the conditions thereof. <br />In any event this franchise shall not be transferrable and assignable until notice <br />or request for transfer and assignment shall be given by the Owner to the Board <br />in writing, accompanied by a request from the proposed transferee, which <br />application shall contain information concerning the financial status and other <br />qualifications of the proposed transferree and such other information as the <br />Board may require. A public hearing shall be held on such request of which <br />notice shall be given by publication in a newspaper regularly published <br />in the County at least one time not more than one month nor less than one week <br />preceding such hearing. Certified proof of publication of such notice shall be <br />filed with the Board. Said hearing may thereafter be continued from time to <br />time as determined by the Board. The Board will, however, approve or dis- <br />approve such sale or transfer within ninety (90) days from the date of said <br />public hearing. The consent by the Board to any assignment of this franchise <br />- 7 - <br />
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