Title
Resolution - Approval of Determination and Approval of Necessity and Public Use for Transmission Easement Acquisition for the Blanco - Devils Hill Line Upgrade (Engineering Project T318); and Authorization of the Cooperative to Use Eminent Domain to Acquire Property for the Blanco - Devils Hill 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 Blanco County, Texas for its transmission line upgrade of the Blanco - Devils Hill Line (the “Blanco Devils Hill Project”).
PEC has determined that the Blanco Devils Hill Project is necessary for its electric system that serves its members and is part of 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 easement interests needed for the Blanco Devils Hill 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 Blanco Devils Hill Project is needed to serve its Members and support the Texas grid and therefore it is in the public interest to acquire the necessary property interests 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 Blanco Devils Hill 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.