(A) 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.
(B) Upon adoption, the rates, and charges, shall become provisions of this subchapter.
(C) Public utility company rates, and charges, may be fixed, and determined, by the respective franchisees in compliance with this section, as follows:
(1) No rate, or charge involving an increase thereof, shall become effective until approved by the Council. To request the 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 Clerk-Treasurer in person, or by certified mail, return receipt requested;
(2) Within 30 days of the 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 such 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;
(3) 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; and
(4) Notice of the 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)