HomeMy WebLinkAbout1993 09 07 - Exclusive vs Non-exclusiveM E M 0 R A N D V M
DATE: September 7, 1993
FROM: Nancy Veidt, Clerical Assistant
TO: Richard Votapka, Utilities Director
SUBJECT: Definition of Exclusive and Non Exclusive Franchises from
the City Council Meeting Tapes of April, 1981.
Discussion of exclusive and non-exclusive franchise
Tape of Special County Meeting 4/1/81 (Tape 2)
There was discussion as to the difference between an exclusive and
non-exclusive franchise. An example was given that the Cable TV is
an example of a non-exclusive franchise in that the City can only
control the fees. In an exclusive franchise you can make the
utility upgrade, ex: put in hydrants. An exclusive franchise was
described as an obligation to provide water and sewer to anyone who
requests it within the franchise area, as long as it is
economically feasible. However, none of the people involved in the
discussion ever came to terms on an agreed upon description.
Rich Votapka kept pushing to have an exclusive franchise defined in
the Ordinance that was being discussed. No one seemed to agree
that it was necessary, as everyone else concurred that an exclusive
and non-exclusive franchise were basically the same. No one seemed
to have exact definitions of either type of franchise and it was
stated that if you ask five people for a definition, you'll get
five different answers. It is finally decided that "Dan"
(Kilbride, City Attorney) will come up with a definition and get
back to council.
Tape of Public Hearing 4/22/81
The only mention of exclusive and non-exclusive franchises is that
the "exclusive franchise" is for Units 7, 9, 16 and 17 only. There
was discussion as to why these units were not "non-exclusive".
However, there was never any mention of a description or definition
of either type of franchise.