§ 4-4-37. Indexing procedure.

(a)

Any year that a public hearing is not convened upon the request of either the county, the franchisee or a customer for an adjustment in rates, fees and charges, and any year during which a public hearing is not mandated pursuant to the provisions of this article, rates, fees and charges may be adjusted utilizing the indexing procedures provided herein. Such procedures may be utilized only once in a given year.

(b)

Rates, fees and charges may be adjusted in accordance with the Consumer Price Index (CPI) for all urban consumers for the United States, or Southern United States, whichever is less. CPI information shall be as provided by the U.S. Bureau of Labor Statistics.

(c)

The index period shall be the last twelve (12) months preceding June 30 of the current year.

(d)

Adjusted rates, fees and charges shall be effective October 1 of the current calendar year. On or before December 31 of each year along with its financial statement, the franchisee shall notify the county of the franchisee's intent, if any, to request a formal rate hearing or use the indexing procedure as provided herein. Within thirty (30) days of receipt of the notice of intent, the county shall advise the franchisee of its intention to accept the indexing procedure if proposed or on its own motion proceed with the formal rate hearing. The franchisee's failure to provide notice before December 31 shall relieve the county of any obligation to effectuate rate changes before October 1 of the following year.

(e)

In the event the use of the indexing procedure is agreed upon by the county and the franchisee, as provided in subsection (d) above, the franchisee shall by July 31 of the current year file a notice of index adjustment. The notice shall identify the index factor used and provide documentation in support thereof. The county shall have the right to object to the calculations used in the indexing procedures within thirty (30) days of receipt of such notice.

(f)

The index factor shall be determined by computing the unadjusted percent change in the appropriate CPI for the twelve (12) months preceding July 1 of the current year.

(g)

The index factor may be applied only to the hauling component of the previously authorized rates, fees and charges. The hauling component shall be that portion of rates as shown on the franchisee's cost of service study, attributable to the hauling of solid waste. The hauling component shall not include those costs attributable to landfill fees or disposal fees at the county's designated solid waste facility.

(h)

Prior to the application of the index factor to nonresidential rates, fees and charges, the disposal cost of the rates in the franchisee's cost of service study by customer class, as adjusted at the franchisee's last public hearing rate adjustment, and disposal pass-through adjustments, shall be removed from the franchisee's current nonresidential rates, fees and charges.

(i)

Prior to the implementation of an adjustment of rates, fees and charges using indexing procedures, the franchisee shall provide at least thirty (30) days' written notice to each affected nonresidential customer.

(j)

Adjusted rates shall become effective upon approval of the board of county commissioners by resolution.

(Ord. No. 2004-006, § 1, 2-10-04)