It shall be unlawful for any person furnishing, distributing
or supplying electric power, electric lights, gas, sewage facilities,
water, telephone, or any other public service, commodities or conveniences
to any of the inhabitants of the Town to raise or increase the rates
charged therefor without first obtaining the consent or approval of
the Town Council to such raise or increase.
(1971 Code, sec. 2-71)
Any person desiring or proposing to increase or raise any of the rates charged the citizens of the Town for any public service of the character mentioned in section
1.06.001 shall file with the Council an application for authority to make such increase, specifying therein the authority or right under which such service is performed for the citizens of the Town, the rate or rates which are currently being charged therefor, and the rate or rates which it is proposed to charge therefor. Such application shall also be accompanied by a complete statement, under oath, showing the alleged necessity for any such proposed increase or raise in rates and the reasonableness thereof. Such application shall also furnish to the Town Council such additional data or information as it may from time to time request in connection with the proposal to increase such rates, in order that the Council may pass intelligently upon the merits of such application.
(1971 Code, sec. 2-72)
When any application for a rate increase is filed with the Town
Council under this article, it shall be the duty of the Council to
grant and hold a public hearing thereon, which hearing shall be held
in some suitable place in the Town on a date not less than ten (10)
nor more than thirty (30) days from the date such application is filed.
Public notice of the time, place and date of such proposed hearing
shall be given by posting printed or written notice thereof at each
of three (3) public places in the Town, one of which shall be at the
Town Hall, for a period of at least ten (10) days prior to the date
fixed for such hearing.
(1971 Code, sec. 2-73)
At the hearing provided for in section
1.06.003, the Town Council shall hear and consider any and all protests and objections to the proposed rates and shall also hear and consider all material and proper evidence which may be presented by the applicant, or by any other interested party, relating to the reasonableness and fairness of such proposed rates under the law and the facts. Such hearing may be adjourned from time to time if deemed proper or necessary by the Council, until the entire matter of the proposed increase in rates has been fully investigated and considered by the Council.
(1971 Code, sec. 2-74)
If, as the result of a hearing and investigation under this
article, the Town Council considers and determines that the applicant
is duly authorized and empowered to furnish the service for which
he proposes to increase the rates, and that the rates under consideration
should be raised or increased, the Council shall pass an ordinance
authorizing such increase as it may deem proper, not to exceed, however,
the amount specified in the application filed with the Council asking
its permission and consent to make such increase.
(1971 Code, sec. 2-75)
Any agent, employee or representative of any person who attempts,
in any manner whatever, to disconnect or cut off any inhabitant of
the Town from a proper supply of electric power, electric light, gas,
sewage, water or telephone facilities on account of the failure or
refusal of such inhabitant to pay any rate in excess of the rate approved
by the Council shall be guilty of a misdemeanor.
(1971 Code, sec. 2-76)
Any person seeking and undertaking to increase or raise rates
in violation of any of the terms of this article, or seeking to collect
from any of the inhabitants of the Town compensation for its services
at a greater rate than has been approved by the Council, shall, at
the option of the Town Council, forfeit his right and franchise to
use any of the public streets or alleys of the Town in connection
with his business, and may be required by the Council, at its option,
to remove from such streets and alleys all of his material and equipment
used in connection with the services rendered the citizens of the
Town, but such right to forfeit such rights, privileges and franchises
shall not be deemed an exclusive remedy for the violation of this
article, and the Council may, at its option, pursue any other remedy
provided by law or in equity.
(1971 Code, sec. 2-77)