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r--- I <br />JUN 29 1985 BOOK f'.GE 6 <br />governmental agency, other utility or supplier of electric power. <br />Provisions of the subsection shall not prevent a utility from seeking <br />changes in rates pursuant to the provisions of subsection. <br />(b) Before implementing a change in rates under this <br />subsection, the utility shall file an affirmation under oath as to the <br />accuracy of the figures and calculations upon which the change in rates <br />is based, and that the change will not cause the utility to exceed the <br />range of its last authorized rate of return. <br />(c) If, within 24 months of an adjustment in the rates as <br />authorized by this subsection, the Board shall find that a utility did <br />thereby exceed the range of its last authorized rate of return, it may <br />order the utility'to refund the difference to the rate payers. This <br />provision shall not be construed to require a bond or corporate <br />undertaking not otherwise required. <br />(d) Notwithstanding anything herein to the contrary, no <br />utility may adjust its rates under this subsection more than two times <br />in any 12 month period. <br />Should the Utility desire to establish rates and charges or should <br />the Utility desire to increase any charges heretofore established and <br />approved by the Board, then the Utility shall notify the Board in <br />writing, setting forth the schedule of rates and charges which it <br />proposes. The Utility shall pay any rate structure review fee as the <br />County may then have in effect and shall furnish the County with all <br />information requested by the County that is pertinent to the proposed <br />new rate schedule. A public hearing shall then be held on such request, <br />of which notice shall be given by publication in a newspaper regularly <br />Published in said County at least one time not more than one month or <br />less than one week preceding such hearing. Certified proof of <br />Publication of such notice shall be filed with the Board. said hearing <br />may thereafter be continued for a reasonable time as determined by the <br />Board. If the Board enters an order pursuant to such hearing and the <br />Utility feels aggrieved by such order, then Utility may seek review of <br />the Board's action by filing a petition for Writ of Certiorari in the <br />Circuit Court of the County. The Board shall act on the rate request <br />within ninety (90) days following the public hearing. <br />CONNECTION CHARGE/CAPACITY DEMAND FEE <br />Connection charges shall be established by public hearing held in <br />conjunction with public hearing held for setting the rates. <br />FPMMISE FEE <br />The Utility hereby agrees to pay to the County a franchise fee in <br />the amount of six percent (6%) of the Utility's annual gross receipts or <br />9 <br />- M M <br />