Title
Resolution - Approval of Authorization for Initiation, Settlement, or Disposition of Litigation Matter(s) - A Hagen
Other Info
Submitted By: Aisha Nawaz Hagen
Department: General Counsel
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
In January 2019, the Board authorized Pedernales Electric Cooperative, Inc. (the “Cooperative”) to use its eminent domain powers to acquire property for the Hwy 32 to Wimberley Transmission Line Rebuild and Upgrades project (PEC Board Resolution 2019-021). In February 2019, PEC made an offer for the acquisition of the property; the offer was not accepted by the landowner and the matter went to condemnation. In September 2019 the Hays County Special Commissioners heard arguments on value and awarded amounts higher than PEC’s offer. In October 2019 PEC filed an objection to the Special Commissioners award. The Cooperative may consider settlement of these litigation matters on the terms discussed this day in Executive Session and permit the Chief Executive Officer or designees to negotiate any other terms as may be necessary.
Body
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative is authorized to settle certain litigation in Hays County District Court that involves the Cooperative on the terms discussed this day in Executive Session, and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer, or designees, are hereby authorized to make such determinations as necessary with respect to the matter and execute, acknowledge and deliver any such documents, and otherwise take any actions as needed to implement this resolution.