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Committee flags eminent domain language for rewrite; raises franchise and utility wording concerns
Summary
City Manager asked whether the charter’s eminent domain language—likening city power to that of railroads—is still appropriate; the city attorney agreed to rewrite the section. Members also asked staff to modernize franchise and utility language and to research abandoned-property and audit provisions.
City Manager Wick Miller Behringer told the Charter Review Committee on June 17 that Article 10.01’s current description of the city's eminent domain power, which likens that power to a railroad's, appears outdated and potentially inconsistent with modern case law. "The power of eminent domain assigned to the city was likened to the power of eminent domain of railroads... Is this still legal?" (City Manager Wick Miller Behringer)
City Attorney Ritchie said he consulted an eminent-domain specialist who had "never seen language like this before in a charter" and recommended replacing the paragraph with a more general grant of power consistent with state law; he proposed drafting a shorter, modernized provision. The committee directed the city attorney to prepare rewritten language for Article 10.01 for presentation at the next meeting.
Members also spent substantial time on Article 11 (Franchises). The committee agreed to move the requirement for three readings of franchise ordinances into the body of Section 11.06. Members questioned dated references such as "telegraph" and whether franchise language should be made more generic to account for modern communications and utility technologies; City Attorney Ritchie agreed to research current practice and proposed language used in other cities.
The committee flagged an ambiguity in franchise provisions concerning abandoned property and the one-year removal requirement for franchisees. Member Hall raised the possibility that bankruptcy or other statutory schemes could affect the city's ability to claim abandoned materials in the right-of-way; City Attorney Ritchie said he would research the legal consequences and report back.
On inspection and audit language in the franchise section, Ritchie explained that audits typically focus on verifying payments to the city rather than mandating full access to a company's internal employment records; the committee leaned toward retaining an audit provision scoped to payments and compliance rather than broad internal-record access.
What’s next: City Attorney Ritchie will draft a condensed, state-law-consistent version of Article 10.01 and will research modern franchise language, abandoned-property consequences and audit scope. Staff will present suggested language and comparative examples at the committee’s next meeting.
