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Goodyear council places two utility franchise agreements and charter questions on May 20, 2025 special election

Goodyear City Council · November 5, 2024
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Summary

Goodyear's council voted 7–0 to place 25-year franchise agreements for EPCOR Water and Liberty Utilities and previously approved charter amendments on a special election ballot for May 20, 2025; the city estimates the election cost at about $169,000 to be split three ways.

Goodyear — The City Council voted unanimously Nov. 4 to place two utility franchise agreements and city charter amendment questions on a special election ballot set for May 20, 2025.

City Attorney Roy McMassy told the council the two franchise agreements — one with EPCOR Water, Arizona Incorporated, and one with Liberty Utilities (Litchfield Park Water and Sewer Corporation) — are substantively similar and govern the companies’ use of city rights-of-way. "The terms of these agreements are not to regulate how the utility operates, it only regulates how they use our right of way," McMassy said, explaining the agreements specify rights, duties and conditions for constructing, maintaining and operating water and wastewater systems within city rights-of-way.

Key terms described by staff include 25-year contract terms, a franchise fee set at 3% of gross receipts for services provided within the city, and a requirement that utilities relocate facilities at their own cost when necessary for city projects. McMassy estimated the franchise fee revenue at roughly $30,000 per year for EPCOR and about $150,000 per year for Liberty (staff estimates), and said the full special election cost is estimated at about $169,000 to be split evenly among the city and the two utilities.

Councilors asked what would happen if voters rejected the measures. McMassy said the city would work with the utilities to revise terms and could use temporary license agreements in the interim; he also noted the city currently has a license in place with EPCOR that will expire and has no existing agreement with Liberty. Councilmembers discussed that franchise renewals return to voters and that passage requires a simple majority.

City Clerk Darcy McCracken formally called the special election and explained it will be conducted by mail; she said the city will prepare an informational pamphlet and accepted arguments for and against the measures will be taken between Dec. 1, 2024 and Feb. 19, 2025. Council approved the resolutions to place the EPCOR and Liberty franchises on the ballot (Resolution Nos. 2024-24-31 and 2024-24-32) and adopted Resolution No. 2024-24-27 to call the special election; all votes were 7–0.

Why it matters: Approval by voters would give each utility a 25-year franchise to use city rights-of-way under specified terms; franchise fees and relocation obligations affect city revenues and future project costs. If rejected, the city would pursue alternative agreements or renegotiation.

What’s next: Voter information will be mailed before the May 20 election, and arguments for and against the ballot items will be accepted in the December–February window identified by the city clerk.