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1979-051
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1979-051
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2/20/2023 9:58:37 AM
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Resolutions
Resolution Number
1979-051
Approved Date
05/23/1979
Resolution Type
Franchise
Subject
Sewer & Water Franchise Roseland Shopping Mall
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a fair rate of return on the net valuation of its property <br />devoted thereto, under efficient and economical management. The <br />burden of showing that a prospective service to the area is not <br />financially feasible shall not be the burden of the Owner. <br />SECTION 13 <br />The Owner shall riot sell or transfer its plant or system to <br />another nor transfer any rights under this franchise to another <br />without the approval of the Board and provided, further, that no <br />such sale or_ transfer after such approval shall be effective until <br />the vendee, assignee or lessee has filed with the Board an <br />instrument in writi.na reciting the fact of such transfer and <br />accepting the terms of this franchise and agreeing to perform all <br />of the conditions thereof. In any event this franchise shall not <br />be transferrable and assianable until notice or request for transfer <br />and assignment shall be given by the Owner to the Board in <br />writing, accompanied by a request from the proposed transferee, <br />which application shall contain information concerning the <br />financial sLatus and other qualifications of the proposed trans- <br />feree and such other information as the Board may require. A <br />public hearing shall be held on such request of which notice shall <br />be given by publication in a newspaper regularly published in <br />the County at least one time not more than one month nor less <br />than one week preceding such hearing. Certified proof of <br />publication of such notice shall be filed with the Board. Said <br />hearing may thereafter be continued from time to time as determined <br />by the Board. The Board will, however, approve or disapprove such <br />sale or transfer within ninety (90) days from the date of said <br />public hearing. The consent by the Board to any assignment of <br />this; franchise shall not unreasonably be withheld. <br />SECTION 14 <br />The rates charged by the Owner for its service hereunder <br />shall be fair and reasonable and designed to meet all necessary <br />costs of the service, including a fair rate of return on the net. <br />
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