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<br />territory. A rate consultant may be any <br />person who has sufficient background and" <br />experience, in the sole opinion of City, to <br />properly evaluate and analyze rates and <br />charges. <br /> <br />( <br /> <br />(g) All costs for the review of a request for a <br />Basic Service rate or charge change shall be <br />paid by City from the Franchise fee. <br /> <br />(h) Any time limit may be waived only if City and <br />Grantee consent. <br /> <br />(i) If City fails to approve the change of Basic <br />Service rates, Grantee may appeal said <br />determination to the Board. <br /> <br />(4) The procedures to be followed in changing any rate <br />or charge other than Basic Service rate shall include <br />the following. <br /> <br />(a) Grantee shall give City written notice of any <br />rate increase at least ninety (90) days prior to <br />the effective date of the rate increase. <br /> <br />(, <br /> <br />(b) In the event the percentage of the rate <br />increase does not (in any respect) exceed the <br />percentage of the increase from the CPI for <br />the Minneapolis/St. Paul metropolitan area in <br />existence on the date of the certification of <br />this Franchise by the Board or specified in the <br />last rate increase notice of the Grantee <br />(whichever event is most recent), the noticed <br />rate shall become effective upon its noticed <br />effective date. In the event the CPI is <br />substantially modified in the opinion of City <br />and Grantee or is discontinued, the City and <br />Grantee may select a mutually acceptable <br />successor index to control the provisions of <br />this subparagrpah. <br /> <br />(c) Except as provided in Article VI, Section 4., <br />D.(5)(c), in the event the percentage of the <br />rate increase (in any respect) exceeds the <br />percentage of increase from the CPI for the <br />Minneapolis/St. Paul metropolitan area in <br />existence on the date of the certification of <br />this Franchise by the Board or specified in the <br />last rate increase notice of the Grantee <br />(whichever event is most recent), the notice <br /> <br />- 36 - <br />