11/21/1984 - Laserfiche WebLink

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the City to obtain a franchise from the County for their water and sewer operations in the unincorporated area. We at one time had an opinion from the Attorney General, which, while it was not clear cut, seemed to suggest that the County does not have that authority. The Attorney noted that he, therefore, has included language in the Resolution so that any rights the County may have in this regard under current or future law would not be waived. This is not an assertion that we would ever want to or pressure the City to obtain a franchise. He believed the City objects to that language and also for the County to have the right to continue to issue private franchises. Chairman Scurlock felt we already have an agreement, and that a Resolution indicating our desires would be more appropri- ate than a new agreement. Attorney Brandenburg agreed that adoption of a Resolution would give the City the authority to go in and serve that area, but he believed the City is looking for more assurance in an agreement form that once they undertake this service, the County will never try to serve this area again. Commissioner Bird felt a certain responsibility to property owners in this area who might wish to develop their property at some point and would need utility service. If for some reason the City turned such a person down, he did not want to eliminate all their options. Commissioner Wodtke pointed out that the second page of the City's agreement says the Board of County Commissioners hereby grants the City the "permanent, exclusive and contractual right and duty to provide water service to the entire South Beach area from the south city limits to the south county line." He asked if that does not make it the duty of the City to provide this service in that area. City Manager Little confirmed that is the City's intent, but Attorney Brandenburg noted that it is an undefined duty and the question relates to the limits of that duty. 5 N 0 V 211984 I