Title
Resolution - Authorization of the Cooperative to Use Eminent Domain to Acquire Property for the Andice Substation Expansion - C Powell
Other Info
Submitted By: Christian Powell
Department: Chief Compliance Officer
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
Pedernales Electric Cooperative, Inc. ("PEC" or the "Cooperative") must acquire property in Williamson County, Texas for its upgrade and expansion of the Andice Substation.
PEC has determined that expansion of the Andice Substation is necessary for its electric utility system serving its members and the electric grid for the State of Texas.
PEC will deliver initial offers, in accordance with Chapter 21 of the Texas Property Code, to affected landowners. In the event PEC is unable to acquire the property interests needed for the Andice Substation expansion 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 Andice Substation Expansion is needed to serve its Members and support the Texas electric grid and therefore it 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 Chief Executive Officer of the Cooperative or a designated person, is authorized 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 person, 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 Andice Substation Expansion; 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.