Title
Resolution - Approval of Determination and Approval of Necessity and Public Use for Transmission Easement Acquisition for the Cedar Valley - Friendship Line Upgrade (Engineering Project T358); and Authorization of the Cooperative to Use Eminent Domain to Acquire Property for the Cedar Valley - Friendship Line 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
Pedernales Electric Cooperative, Inc. ("PEC" or the "Cooperative") must acquire easements in Travis and Hays Counties, Texas for its transmission line upgrade of the Cedar Valley - Friendship Line (the “Cedar Valley Friendship Project”).
PEC has determined that the Cedar Valley Friendship Project is necessary for its electric utility system serving its members and the electric grid for the State of Texas.
PEC will be delivering initial offers, in accordance with Chapter 21 of the Texas Property Code, to affected landowners. In the event PEC is unable to acquire the easement interests in the Cedar Valley Friendship Project through negotiation and purchase, the Cooperative will seek to acquire the Property through its power of eminent domain pursuant to provisions of the Texas Constitution and the Texas Utilities Code, Chapters 37, 161, 163, 181, and 186.
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 Cedar Valley Friendship 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 acquisition of the Property for installation, construction, operation, and maintenance and upgrade of the Cedar Valley Friendship Project and all necessary appurtenant facilities is for public use and in the public interest to ensure system reliability for its 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 Executive Officer of the Cooperative or any person designated by her for such purpose, is authorized as an officer or agent of the Cooperative to engage third parties to perform professional services in connection with the Cedar Valley Friendship Project. The CEO or her designee is further authorized to make offers, negotiate, settle and agree on a purchase price for the necessary Property in such form and containing such terms and conditions as such officer or agent may deem necessary, appropriate, or desirable; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that if it is determined that an agreement as to the value of said Property, damages and/or compensation to be paid cannot be reached, then the General Counsel of the Cooperative or any attorney designated by her for such purpose, is authorized to file proceedings using the Cooperative's power of eminent domain to acquire interests in the Property, in order to allow the Cooperative to complete the Cedar Valley Friendship Project, and to perform and undertake all other proceedings necessary to complete the acquisition of the Property; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that it is the intent of the Board of Directors of the Cooperative that this resolution authorizes all processes and procedures for the acquisition or the condemnation of all Property required to complete the Cedar Valley Friendship Project; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer of the Cooperative, the General Counsel or any persons designated by either of them for such purpose, is authorized as a duly authorized officer or agent of the Cooperative, to do any and all acts deemed by such officer in such officer's reasonable judgment to be necessary or appropriate in the best interests of the Cooperative to give effect to the foregoing resolution; 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.