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Council introduces ordinance O-015-25 to codify eminent-domain process for franchise utilities
Summary
The Borger City Council unanimously voted to introduce on first reading ordinance O-015-25, which establishes a procedure to acquire a going concern service provider (a franchise utility) through eminent domain proceedings. City staff described the ordinance as a codification of statutory process and not directed at any single utility provider.
The Borger City Council voted to introduce on first reading ordinance O-015-25, “establishing a procedure for the acquisition of a going concern through eminent domain proceedings,” after staff described the ordinance as a procedural measure grounded in state statute rather than a targeted action against any single utility.
City Manager Brandon told council the ordinance would apply to franchise utilities that operate as going concerns — for example, electric, gas, cable and telecommunications providers — and would lay out the statutory steps the city could take if a future enforcement or acquisition action became necessary. He emphasized the ordinance “does not say we will” and “does not say we have to” take eminent-domain actions; it is intended to codify the process and provide a tool for accountability of utilities operating in the city.
A council member moved to introduce the ordinance on first reading; another council member seconded the motion. The council approved the motion on a voice vote.
Votes at a glance: • Consent agenda items 6–9 — motion to approve moved and seconded; approved on voice vote (details of items 6–9 not specified in the record). • Ordinance O-015-25 (first reading) — motion to introduce moved and seconded; approved on voice vote.
Staff presence and consultants: Brandon said consultants from the firm engaged on utility issues were present for council questions. Brandon and consultants referenced state statutory processes and a model eminent-domain approach; the ordinance text was described as aligning to the state law rather than creating new substantive obligations.
