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 Winter Garden
 Code of Ordinances
 Chapter 78. UTILITIES
 Article III. INDUSTRIAL COST RECOVERY SYSTEM

  § 78-94. Appeal.  

Latest version.

  • (a)

    Industrial users subject to industrial cost recovery may appeal to the city commission regarding the reasonableness of the industrial cost recovery charge.

    (b)

    A person appealing shall file with the city in writing at the office of the city commission a notice of appeal, setting forth therein specifically the areas where a difference of opinion exists. The appealing party must set forth a specific proposal for change and present evidence to document and support this specific proposal.

    (c)

    Upon the filing of the notice of appeal, the city manager shall promptly mail a copy of the notice of hearing before the city commission by United States mail, postage prepaid, to the original applicant, to each attorney at law appearing for any person at the hearing before the city commission and to the city attorney.

    (d)

    The burden of proof that a change in the industrial cost recovery charge is warranted shall rest with the appealing party.

    (e)

    The mayor/commissioner of the city commission or in his absence the mayor pro tempore may administer oaths and compel the attendance of witnesses. All meetings of the city commission will be open to the public. The city commission shall keep minutes of its meetings, showing the vote of each member on each hearing or, if absent or failing to vote, shall indicate such fact and shall keep records of its examination and other official actions, all of which shall be immediately filed in the minutes of the city commission.

    (f)

    The city commission shall conduct a hearing upon any appeal taken from the setting of the rates. The city commission may modify the industrial cost recovery charge provided that the appealing party meets his burden of proof. The city commission shall render its decision on the appeal within 21 days after the conclusion of the public hearing. For good cause the commission may extend the time for holding the hearing and rendering its decision to a certain time after notice to all parties to whom notice of such hearing is required.

(Code 1988, § 22-74)