Title
Resolution - Approval of Determination and Approval of Necessity and Public Use for Transmission Easement Acquisition and Authorization of the Cooperative to Use Eminent Domain for the T617 Sattler-Purgatory Upgrade - J Greene
Other Info
Submitted By: Jonathan Greene
Department: Chief Operations Officer - Transmission
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
As part of the 2025 Capital Improvement Plan, approved by the Board in November 2024 (2024-331, Pedernales Electric Cooperative, Inc. (PEC or Cooperative) included the costs to acquire property interests for the T617 Sattler-Purgatory transmission line upgrade project (“T617 Project”).
PEC has determined that the T617 Project is necessary to increase capacity to serve its members and improve reliability for its electric utility system and the Texas grid.
PEC must acquire easements in Comal County, Texas for its T617 Project.
PEC will deliver initial offers to affected landowners in accordance with Chapter 21 of the Texas Property Code. In the event the Cooperative is unable to acquire the easement interests needed for the T617 Project through a negotiated purchase, the Cooperative will seek to acquire the property interests through its power of eminent domain pursuant to provisions of the Texas Constitution and the Texas Utilities Code, Chapter 161.
Body
WHEREAS the Board of Directors of PEC, pursuant to the Texas Constitution and Texas Utilities Code, Section 161.125 and other applicable law, and Chapter 21 of the Texas Property Code, hereby finds that the T617 Project is for public use and in the public interest to acquire the interests in the Property through eminent domain proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative’s acquisition of the property interests needed for installation, construction, operation, and maintenance and upgrade of the T617 Project and all necessary appurtenant facilities is for public use and in the public interest to ensure system reliability for PEC members and the electric grid for the State of Texas; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Operations Officer - Transmission of the Cooperative or a designated person, is authorized as an officer or agent of the Cooperative to make offers, negotiate, settle and agree on a purchase price for the necessary property interests in such form and containing such terms and conditions as may be deemed necessary, appropriate, or desirable; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that if an agreement as to the value of and/or compensation for necessary property interests cannot be reached, then the General Counsel of the Cooperative or other designated attorneys or agents, is authorized to undertake all necessary actions required to exercise the Cooperative's power of eminent domain to acquire necessary property interests, in order to allow the Cooperative to complete the T617 Project; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that all actions taken prior to the effective date hereof by the officers and duly authorized agents of the Cooperative, including, but not limited to, the delivery of any relevant document in the name of and on behalf of the Cooperative relating to any bona fide offer to the owners are hereby confirmed, ratified, and approved.