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, A N <br />181994 <br />*K 55 <br />PACE 3 <br />3 <br />into the MSTU and all work <br />is performed by the Utility <br />Department which receives no compensation. <br />Commissioner Lyons stated that he would add to his <br />Motion that the funding will come from franchise fees in the <br />MSTU, and Commissioner Bird agreed. <br />Commissioner Bird asked if the Motion would satisfy the <br />Property Owner's Association as to the phase we are <br />discussing now and asked Attorney Brandenburg if we are on <br />good grounds legally. <br />Attorney White noted there are other issues raised in <br />the petition which he wished to reserve the right to <br />present, but as to the issue of substantiating existing <br />rates, he believed it would be very satisfactory. <br />Attorney Brandenburg felt the Commission is on good <br />legal footing. In this situation, a utility company has <br />requested a rate increase. Their customers have asked <br />whether the current rate is excessive or not, and the County <br />is now taking the position that they are declaring it an <br />interim rate and are going to look into it and determine <br />whether it is excessive. If it is so determined during that <br />study period, then you could require a refund. <br />Commissioner Bird stated if in amending the franchise <br />at some later point a franchise fee is collected, he would <br />hope we would repay the MSTU. <br />Attorney Micale requested the right,to address all <br />issues with respect to the existing rates as well as any <br />issue which may be disclosed by the audit Mr. Pinto is <br />suggesting. <br />THE CHAIRMAN CALLED FOR THE QUESTION, <br />including the addition re funding from <br />the MSTU. It was voted on and carried <br />unanimously (4-0) . <br />30 <br />