§ 70-4. Procedure for establishing, adjusting or changing utility rates.

The board of county commissioners is hereby authorized to establish, adjust or change the rates of any utility, subject to the provisions of this chapter, according to the following procedure:

(1)

Appropriate conditions. Upon the request of the owner, or upon application of at least 25 percent of the customers of the utility, or upon its own motion, the board of county commissioners may establish, adjust or change rates which are just, reasonable, compensatory, and not unjustly discriminatory. In all such proceedings, the board of county commissioners shall consider the value and quality of the service and the cost of providing the service, which shall include, but not be limited to, debt interest and the utility's requirements for working capital, maintenance, depreciation, tax, and operating expenses incurred in the operation of all property used and useful in the public service, and a fair return on the utility's original investment in property required by duly authorized governmental authority to be constructed in the public interest within a reasonable time in the future, not to exceed 24 months.

(2)

Filing of application; fees; hearing scheduled. The application shall be filed with the board of county commissioners together with the required fees. Uniform fees shall be set by resolution of the board of county commissioners. Within 60 days thereafter, the board of county commissioners shall schedule a hearing on the application. Such hearing shall be held not more than 90 days after the filing of the application.

(3)

Required rate information. Applications for the modification or establishment of rates shall be accompanied by such information upon such forms as the board of county commissioners shall determine is necessary to fix rates which are just, reasonable, compensatory, and not unjustly discriminatory.

(4)

Notice; publication. The board of county commissioners shall cause notice to be published in a newspaper of general circulation in the county, that an application for the establishment or modification of rates, as the case may be, has been filed with the board of county commissioners. The notice shall specify the applicant and the meeting date and place designated by the board of county commissioners for consideration of the application. The notice shall be given at least ten days prior to the designated meeting date. It shall be the duty of the applicant to furnish written notice to all customers of the affected utility by certified mail, and furnish satisfactory proof of such notice to the county; provided, however, that the requirement of the applicant to furnish written notice to all customers of the affected utility by certified mail and furnish satisfactory proof of such notice to the county shall apply only when the applicant is requesting an increase in rates; provided, however, that the owner of the affected utility shall be furnished written notice by certified mail by the applicant if the request is to lower or modify the rates.

(5)

Public hearing; grant or denial. The board of county commissioners shall conduct a public hearing pursuant to notice and shall, within ten days, either grant or deny such application, upon such conditions as the board of county commissioners may deem to be in the public interest. Such grant or denial shall be in writing and shall be supported by specific findings.

(Ord. No. 84-4, § 6, 9-27-84; Ord. No. 85-7, § 1, 7-11-85)