Cochise County supervisors direct staff to revise Cactus State utility franchise language and seek voter approval for any future franchise fees

Cochise County supervisors instructed county attorneys on Monday to revise the county's standard franchise agreement for Cactus State Utility Company, remove language that would explicitly authorize franchise fees in the contract, add provisions requiring financial assurances and indemnity for environmental or abandonment risk, and prepare a separate resolution that would require voter approval before any future franchise fee could be imposed in the affected service area.

The action came during a Cochise County Board of Supervisors work session in the Supervisor's Hearing Room. Paul Kreia, the county's chief civil deputy and attorney for the board, led discussion of a draft franchise agreement and the statute the board relies on to set terms and conditions for utilities using county rights of way.

Kreia said the statute the board cited gives the county authority to impose restrictions and conditions on use of public roads. He summarized the current draft's paragraph 10, quoting its core reservation: "the county reserves the right to alter or amend the terms of the franchise in any manner necessary to protect the safety or welfare of the public or the public interest." Kreia and supervisors discussed whether that language, as written, could…