(A) The grantee may from time to time change its subscriber rates so as to ensure a fair and reasonable return on its investment as provided herein. A written application setting forth the proposed increase must be filed with the city at least 90 days prior to its proposed effective date.
(B) Such an application to the city for a rate increase shall be accompanied by such financial statements, pro forma projections showing the effect of the proposed increase, statements of fact, and such other documents and exhibits as are necessary to substantiate the need for the rate increase requested. The city may require the grantee to provide any information it feels pertinent to its evaluation of the application.
(C) After affording reasonable notice, the city shall hold a public hearing providing an opportunity for all persons to be heard. If following said hearing the city denies the proposed rate increase, the pre-existing rate shall remain in effect. Should the city approve the rate increase or a reduced rate increase, the rate shall take effect from the first day of the month following the date of the city’s determination. If, however, the city takes no action to approve, deny, or adjust the proposed rate increase within 90 days of the grantee’s application for a rate increase, the proposed increase shall go into effect as if the city had issued its approval.
(D) The grantee may appeal a denial of all or a portion of any proposed rate increase to the District Court of the State of Minnesota, the procedure upon appeal being governed by the Minnesota Rules of Civil Procedure. A notice of appeal must be served upon the City Administrator within 30 days of the denial.
(E) In the event the District Court determines the city’s action in denying the requested rate increase was arbitrary or not supported by the preponderance of the evidence, the District Court may return the matter to the City Council for reconsideration.
(F) In the event the Court upholds the city’s rate determination, the grantee shall pay all of the city’s expenses, including reasonable attorney fees, incurred in defending the appeal.
(Ord. 51, passed 4-12-83)