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RICHARD MEYERS. P. A. <br />ATTORNEY AT LAW <br />1759 VENVE AVENUE <br />ST. PAUL, MINEN60TA 00112 <br />161E1 pLEEEE <br />July 2, 1984 <br />_4r. T;io;:,as D. Creighton <br />Attorney at Law <br />5005 Cedar Lake Road <br />St. Louis Park, Minnesota 55416 <br />Re: City of Mounds View - Group W Cable <br />Dear Tom: <br />V;O��ty <br />d;,4 <br />0*: <br />Roger Franke suggested that I drop you a note relative to the <br />City of :sounds View's position regarding the amendment of the cable <br />television franchise. <br />Enclosed please find a copy of my March 21, 1983 opinion to <br />Mr. Pauley regarding amendment of the franchise. <br />It is my interpretation of the Mounds View City Charter that <br />to amend Article VI, Sec. 4, Franchise Fees, entitled Rates, Charges, <br />Changes In Fees Procedure that a hearing will be necessary, subject <br />to notice which must be published at least once in the City News Letter <br />and legal paper. <br />The Charter also provides that before any rates to be charged by <br />a public utility are fixed by the council, notice and hearing are re- <br />quired. It is the general rule that a utility cannot change a rate <br />by simply filing a notice of increase with the City. The Charter an- <br />ticipates affirmative action by the council, thus appears to be conT <br />trary to a passive rate review procedure. <br />If you have any questions relative to ray interpretation or <br />thoughts, please contact me. <br />Yours very truly, <br />Richard Meyers <br />. Enc <br />Enc. <br />cc: Donald F. Pauley <br />