1988-035 - Laserfiche WebLink

Home Browse Search

El existing, or the County shall retain an easement not less than fifteen feet in width for the benefit of the Utility and its facilities. SECTION X SERVICE REOUIREMENTa The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Chapter 367 Fla. Stat., except to the extent that said provisions are in conflict with the provisions of this franclise. SECTION XI AVAILABILITY OF SERVICE A. Subject to the provisions of Paragraph 2 of this section, the Utility shall make its service available to any and all persons within the franchise territory. The County may, upon application of the Utility, extend time for providing such service to such demanding person. In the event the Utility fails to provide its services and facilities to any area within the franchise territory within the time specified by the County, then the County may by resolution limit, restrict, and confine the territory to that area then being serviced by the Utility or such greater area as the County shall determine. B. The Utility shall not be required to make its utility system available to any person within the franchise area unless the same may be done at such a cost to the Utility as shall make the addition proposed financially feasible. "Financially feasible" shall mean that a fair and reasonable rate of return will be realized by the Utility for all its services under this franchise under efficient and economical management. The burden of showing that prospective service to the area is not financially feasible shall be on the Utility. Such proof shall be made by the Utility within 30 days from receipt of a written request by the County. SECTION XII TRANSFER OF OWNERSHIP A. The Utility or its shareholders shall not sell or transfer its plants, systems, or corporate ownership or transfer any rights under this franchise by sale of stock or otherwise to another without the approval of the County. No such sale or