All rates, fees and charges of the franchisee shall be just, reasonable, not unfairly
discriminatory, and compensatory. Upon its own motion, upon a written petition signed
by a person applying for or receiving services from the franchisee, or upon the filing
of an application by the franchisee, the governing body shall have the authority to
convene a public hearing to determine if the rates, fees and charges of the franchise
are just, reasonable, not unfairly discriminatory, and compensatory. The foregoing
notwithstanding, the governing body shall convene a public hearing every three (3)
years to determine if the rates, fees and charges of the franchisee are just, reasonable,
not unfairly discriminatory, and compensatory. At any hearing convened pursuant to
this section, the franchisee shall have the burden of proof to establish that its
rates, fees and charges comply with the requirements of this section. Rates, fees
and charges shall be established or adjusted using an operating ratio method. The
operating ratio method relates revenue requirements to operating expenses by measuring
the ratio of the expenses to revenues.
(Ord. No. 2004-006, § 1, 2-10-04)
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