All rates and charges for public utility franchisees, not regulated by an agency of the state, shall be fixed and determined by the Council and adopted by ordinance. Upon adoption the rates and charges shall become provisions of this title. Public utility company rates and charges may be fixed and determined by the respective franchisees in compliance with this section, as follows.
(A) No rate or charge involving an increase thereof shall become effective until approved by the Council. To request an increase the franchisee shall prepare its written petition setting forth the then current and proposed rates and charges, the effective date of the proposed increases (which may not be within 90 days of filing the petition), and the reason or reasons necessitating the proposed increase or increases. The petition shall be filed with the Council by serving the same on the City Administrator in person or by certified mail, return receipt requested.
(B) Within 30 days of filing the Council shall adopt a resolution and serve the same upon the resident superintendent of the franchisee in like manner as the petition may be served either approving the proposed increases or ordering a hearing thereon to be held within 60 days thereof. If no action is taken by the Council, the increase or increases shall take effect on the date stated in the franchisee's petition as though approved by the Council.
(C) Prior to the hearing date, the franchisee shall, without delay, comply with the city's reasonable requests for examination and copying of all books, records, documents and other information relating to the subject matter of the petition. Should the franchisee unreasonably delay, fail or refuse the requests, the same shall be grounds for a continuance of the hearing date.
(D) Notice of hearing shall be in the form and manner stated in the resolution. At the hearing all persons wishing to be heard thereon shall be afforded a reasonable opportunity. Findings and a decision shall be made by the Council within 15 days after the hearing and served upon the franchisee.
(Prior Code, § 3.03)