§ 12-82. Rates and charges, procedure for fixing and changing.

(a)

Rates and charges being charged and collected by a utility shall be changed or established only by approval of the commission, except as otherwise provided herein.

(b)

The commission shall, upon application, fix or modify rates and charges which are just, reasonable, compensatory, and not unjustly discriminatory. In all such proceedings, the commission shall consider, as appropriate, the value and quality of the service and the cost of providing the service, which shall include, but not be limited to, debt interest, the utility's requirements for working capital, maintenance, depreciation, the reasonable cost of capital expansion, taxes, 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 used and useful in the public service at the time such property is first devoted to public use. The commission shall also consider the utility's 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 twenty-four (24) months.

(c)

The application shall be filed with the commission, accompanied by a fee as provided for in section 12-84 of this article. Within sixty (60) days thereafter, the commission shall schedule a hearing on the application, said hearing shall be held not more than ninety (90) days after the filing of the application.

(d)

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

(e)

The commission 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 or other charges, as the case may be, has been filed with the commission. The notice shall specify the applicant and the meeting date and place designated by the commission for consideration of the application. The notice shall be given at least ten (10) days prior to the designated meeting date. In the case of an application for a rate increase, the customers of a utility shall be individually noticed by the utility in a reasonable manner.

(f)

The commission shall conduct a public hearing pursuant to notice and shall, within ten (10) days either grant or deny such application, upon such conditions as the commission may deem to be in the public interest. Such grant or denial shall be in writing and shall be supported by specific findings.

(g)

Time requirements as set forth in subsections (a) through (f) of this section are deemed directory.

(h)

In the event a utility serves customers in more than one county, and falls under the jurisdiction of the Florida Public Service Commission, that utility may collect such rates and charges from customers located in Polk County as are approved by the Florida Public Service Commission for such utility.

(Ord. No. 82-11, §§ 12, 13, 6-1-82; Ord. No. 84-41, § 1, 10-23-84)