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Council renews 20‑year franchise with Encore Electric; undergrounding not required without city funding
Summary
Council approved a 20‑year nonexclusive franchise granting Encore Electric rights to use city right‑of‑way. Staff told council the city cannot impose undergrounding as a condition unless the city or the company pays the cost.
The Midlothian City Council on Oct. 28 adopted an ordinance granting Encore Electric Delivery Company a nonexclusive, noninclusive 20‑year franchise to use present and future city streets, alleys, public utility easements and other public ways.
Council members asked whether the city could require the utility to place overhead lines underground when it replaces or upgrades equipment. Staff responded that, under current law and case precedent discussed in the meeting, the city cannot force undergrounding unless the city pays or cost sharing is agreed to, though the company is open to discussions if the city offers funding to support conversion.
The ordinance passed 6–0. Council members noted the franchise will govern utility use of right‑of‑way for the next two decades and that any undergrounding commitments would need to be negotiated and funded separately.
