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 T329 Bergheim-Devils Hill Overhaul - J Greene
Other Info
Submitted By: Jonathan Greene
Department: Chief Operations Officer - Transmission
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session and in the confidential term sheet.
Discussion
As part of the 2026 Capital Improvement Plan, approved by the Board in November 2025 (2025-327), Pedernales Electric Cooperative, Inc. (“PEC” or “Cooperative”) included the costs to acquire property interests for the T329 transmission line overhaul project (“T329 Project”).
PEC has determined that the T329 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 appropriate easement interests in Comal County, Texas for its T329 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 T329 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 T329 Project is 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 T329 Project and all necessary appurtenant facilities are needed to ensure PEC system reliability and the reliability of the Texas electric grid and therefore the acquisition of real property interest for the T329 Project is in the public interest; and
BE IT FURTHER RESOLVED that the Chief Operations Officer - Transmission of the Cooperative or a designee, 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 as discussed in Executive Session and in the confidential term sheet, in such form and containing such terms and conditions as may be deemed necessary, appropriate, or desirable; and
BE IT FURTHER RESOLVED that if an agreement as to the value of and/or compensation for necessary property interests cannot be reached, then the Chief Executive Officer of the Cooperative or other designated agents or attorneys, 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 T329 Project; and
BE IT FURTHER RESOLVED 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.