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Council holds first reading on utility easement in West Nixa; most trustees supportive, one uncooperative
Summary
Public Works Director Travis C. presented a first reading of an ordinance to acquire a 280-foot utility easement to extend a feeder line to serve a new commercial area and planned police station; two trustees support the easement, one trustee has been unresponsive and condemnation is described as a last resort.
The council heard the first reading of Council Bill 2026-12, an ordinance authorizing steps to acquire a perpetual utility easement on a 20-acre parcel at the end of Leanne Drive to extend an existing overhead feeder line about 280 feet to support planned commercial development and a new police station.
"We have been working feverishly with two of the three trustees on this property who have been more than willing to accommodate the city's request for an easement," Public Works Director Travis C. said, noting that one trust member has been uncooperative. He described condemnation as a last resort after appraisal and good-faith negotiation, and said the city must demonstrate a quantified public need in court to pursue acquisition by condemnation.
During the public hearing, Dan Burns, who represents part of the family trust that owns the Leanne Drive parcel, said the trust has worked with staff and does not oppose the easement. Neighbor Ron Sanders asked about landowner responsibilities and restrictions once an easement is in place; staff explained typical constraints (no permanent structures within the easement, tree-species guidance to avoid future trimming, and maintenance responsibilities), and noted some easements in town are held by other utilities with different language.
Why it matters: The easement will enable system redundancy and adequate power for an expanding commercial district in northwest Nixa, including the planned police department. Staff emphasized that condemnation is used only when negotiations fail and that appraisals and negotiation steps are taken first.
Next steps: The ordinance will return at the next meeting for final vote; staff will continue negotiation efforts with property owners in the interim.
