This text of North Dakota § 40-34-10 (Franchise granted to holder of sheriff's deed to operate property - Contents of franchise) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
of franchise.
If after the issuance of a sheriff's deed as provided in section 40-34-09, it shall be made to
appear to the public service commission that it is in the public interest that such utility and
improvement be continued in operation, such commission may grant a franchise to the owners
of such utility and improvement to engage in such business and to operate such improvement
and utility. Such franchise may:
1.Authorize such owner or owners to charge each person, firm, corporation, or limited
liability company owning property from which sewage or garbage is received such fee
therefor as may be determined to be reasonable by such commission upon proper
application and after notice to the municipality affected and a hearing upon such
application;
2.Grant to such owner or owners, u
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of franchise.
If after the issuance of a sheriff's deed as provided in section 40-34-09, it shall be made to
appear to the public service commission that it is in the public interest that such utility and
improvement be continued in operation, such commission may grant a franchise to the owners
of such utility and improvement to engage in such business and to operate such improvement
and utility. Such franchise may:
1. Authorize such owner or owners to charge each person, firm, corporation, or limited
liability company owning property from which sewage or garbage is received such fee
therefor as may be determined to be reasonable by such commission upon proper
application and after notice to the municipality affected and a hearing upon such
application;
2. Grant to such owner or owners, under such reasonable rules, regulations, and
supervision as may be established by such commission, the right and privilege to lay
all intercepting and other sewers and connecting pipes in the public streets and alleys
of the municipality or municipalities as may be necessary to receive and conduct the
sewage to the disposal plant; and
3. Provide for an accounting from time to time of the gross revenues of the utility or
improvement and the application of the net revenues as determined by such
commission upon the original secured indebtedness to the end that the holder of such
franchise will use the net revenues as determined by such commission to discharge
the original secured debt, together with all interest, costs, and other charges which the
commission shall determine shall be paid.