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1987-066A
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1987-066A
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s <br />the 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 Corporation shall not be required to furnish, supply, <br />install and make available its public water and/or sewerage systems <br />to any person within the territory as hereinbefore set forth, unless <br />the same may be done at such a cost to the Corporation as shall make <br />the addition proposed financially feasible. Financially feasible shall <br />•• <br />mean that a fair and reasonable rate to be charged by the Corporation <br />for all its services under this franchise; that such rate of return <br />on the net valuation of its property devoted thereto under efficient <br />and economical management. The burden of showing that a prospective <br />service to the area is not financially feasible shall be the burden <br />of the Corporation. <br />SECTION XII <br />The Corporation, or its Shareholders, shall not sell or transfer <br />its plants or systems, or corporate stock, to another nor transfer <br />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 <br />approval shall be effective until the vendee, assignee or lessee has <br />filed with the Board an instrument in writing reciting the fact of <br />such transfer and accepting the terms of this franchise and agreeing <br />to perform all of the conditions thereof. In any event, this franchise <br />shall not be transferrable and assignable until notice or request for <br />transfer and assignment shall be given by the Corporation to the Board <br />in writing, accompanied by a request from the proposed transferee, <br />which application shall contain information concerning the financial <br />status and other qualifications of the proposed transferee and such <br />other information as the Board may require. A public hearing shall <br />be held on such request of which notice shall be given by publication <br />in a newspaper regularly published in the County at least one time <br />not more that one month or less than one week preceding such hearing. <br />Certified proof of publication of such notice shall be filed with the <br />Board. Said hearing may thereafter be continued from time to time as <br />determined by the Board. The consent by the Board to any assignment <br />8 - <br />
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