9/15/1959 - Laserfiche WebLink

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F'.526 shall pay to the C , in advance, its costs of removal and relocation of the removed facilities in order to continue ifip service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Compeny and its facilities. Y SECTION 11 The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respectll hake or grant any preference or advantage to any person nor subject any person to amy prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to wbich any oonswer coming within such classification would be entitled. SECTION 12 a. The Company shall furnish, supply, install and make available its public water system and its public sewer system to any and all persons within the territory making demand, therefor, and shall provide such demanding person with its services and facilities within one year from the date of such demand; prorided, however, that the Board may, upon application of the CompiLmy, extend the time for providing such service to such demanding person. In the event theCompa y fails to provide its services and facilities either as to a water system or sever system or both to any area within the territory within the time provided, then in such event the County may be resolution of the Board limit, restrict and confine the territory to that area then being serviced byr both seater and sewer by the Company or such greater area as theBoard shall deters andthereafter the territory shall be only the area defined and provided -by the Board and theL provisions of this franchise shall not extend beyond the limits of the area so restricted and defindd. b. The Company shall not be required to furnish, supply, install and make available its public water MI; em or its public sewer system or both to any person within the territory as hereinbefore set forth, unless the same may be done at such a cost to the Company as shall mats the addition proposed, financially feasible. Financially feasible shall mean that with a fair a d reasonable rate to be charged by the Company for all its ser- vices 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 valuation of its property devoted thereto, under efficient and eoonom3.caa]. management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Company. SECTION lZ 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, 'fprbher, that no such sale or transfer after approval shall be effectivo,until the vendee, assignee or lessee has filed with the Board anAnastrument in writing reciting the fact ofsueh , transfer and accepting the -terms of this franchise and agreeing to perform all ofthe conditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Company to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information alonthe Board may require* A public hearing shall 'be held on suoh request'vf which notice shall be given by publication in a newspaper regularly published in County at least one time not more than one month nor less than one week preceeding such bearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be oontinubd from time to time as determined by the Board. The conseftb by the Board to any assignment of this franchise shall not un- reasonable be withheld. 0 1 1 1 0 1 i 0