Council extends Enbridge franchise renewal 70 days to negotiate right‑of‑way language

Facing a near‑term franchise renewal deadline, the Town of Black Mountain council on Monday voted to extend the current public‑way agreement with Enbridge for 70 days and directed staff to reopen negotiations on language that would strengthen coordination with other utilities and the town’s ability to require improved post‑construction roadway restoration.

Council discussion raised concerns that the draft agreement lacked explicit coordination requirements and that Enbridge historically has been difficult to work with in other jurisdictions. Several councilmembers and the town attorney urged adding provisions that require the company to provide as‑built locations on request, to reconstruct disturbed rights‑of‑way to a specification that permits future sidewalks or paths (for example, an aggregate base suitable for future paving), and to avoid language that would let the utility dictate placement of other town utilities.

The council adopted a motion to extend the current agreement for 70 days while staff prepares proposed contract language for council review. The extension gives both parties additional time to negotiate; the town attorney cautioned that the franchise creates an interest in land and that the town should limit extensions but allow enough time for legal review and negotiation.

Why it matters: the franchise governs long‑term use of public rights‑of‑way for gas distribution; stronger coordination clauses and restoration standards can reduce future costs and limit conflicts when the town or other utilities need to work in the same corridors.

Council action: 70‑day extension approved; staff to draft specific restoration/coordination language and return the revised ordinance for council consideration.