Title
Resolution - Determination and Approval of Necessity and Public Use for Acquisition of Easements for the McCarty Lane to Hunter Line Rebuild and Upgrade (Engineering Project T324); and Authorization of the Cooperative to Use Eminent Domain to Acquire Property for the McCarty Lane to Hunter Transmission Line Rebuild and Upgrade - J Trevi?o
Other Info
Submitted By: Jose Trevi?o
Department: Engineering
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
The Cooperative will consider the necessity and public use for acquisition of easements located in Hays County, Texas for a transmission line rebuild and upgrade from Hunter to McCarty Lane substations (the "Hunter to McCarty Lane Project") and acquisition of the said property through eminent domain proceedings.
Pedernales Electric Cooperative, Inc. ("PEC" or the "Cooperative") is a Texas electric cooperative corporation. PEC finds it is necessary to acquire easements in order to carry out its purposes authorized by the Texas Utilities Code and other applicable law. The properties are more particularly described in Exhibit "A," attached hereto (collectively, the "Property") and such Exhibit A to be publicly available at such time as such transfers have occurred or as otherwise determined. PEC has determined that the Hunter to McCarty Lane Project is necessary for a transmission line rebuild and upgrade 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 Hunter to McCarty Lane 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.
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