ORDER NO. 31763 RESOLUTION TO LCRA AND THE PUC Came to be heard this the 14th day of June. 2010, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Resolution to Lower Colorado River Authority (LCRA) and the Public Utilities Commission (PUC) related to transmission line routes. with the language as amended today, and specifying the use of the northern most route from Menard through Fredericksburg to Comfort as our preferred route. 3 i• 311&3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jonathan Letz OFFICE: County Commissioner MEETING DATE: June 14, 2010 TIME PREFERRED: SUBJECT: Consider. discuss and take appropriate action on resolution to LCRA and the PUC related to transmission line routes. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. RESOLUTION RESOLUTION OF KERR COUNTY COMMISSIONERS' COURT SETTING FORTH ITS CONCERNS AND POSITION ON THE PROPOSED LOWER COLORADO RIVER AUTHORITY TRANSMISSION SERVICES CORPORATION (LCRA) MCCAMEY D — KENDALL - GILLESPIE 345 - KILOVOLT TRANSMISSION LINE THAT MAY IMPACT KERR COUNTY. WHEREAS, The Public Utilities Commission of Texas (PUC) has selected The Lower Colorado River Authority Transmission Services Corporation (LCRA) to construct and operate segments of the Competitive Renewable Energy Zones (CREZ) transmission lines that will be located throughout the Texas Hill Country, and WHEREAS, LCRA is proposing to construct the McCamey D — Kendall - Gillespie 345 - kilovolt Transmission Line which may impact property and commerce in Kerr County, and WHEREAS, Individual private property rights are one of the fundamental rights set forth in the Constitution of the United States of America, and WHEREAS, Kerr County is one of the most beautiful, scenic, environmentally - sensitive and valuable assets in the State of Texas; and WHEREAS, Kerr County Commissioners Court is the local governmental entity that represents the residents of Kerr County and is submitting this resolution to provide input to LCRA and the PUC to help guide this decision; now THEREFORE, BE IT RESOLVED, that on this day, the 14 of June 2010, Kerr County Commissioners' Court unanimously requests that LCRA and ultimately the PUC use the following criteria in selecting the McCamey D — Kendall- Gillespie transmission line route or any other proposed transmission line route in Kerr County: LCRA and the PUC must respect private property rights and only locate transmission lines on property where property owners voluntarily enter into agreements with LCRA at fair market value. Condemnation or the threat of condemnation should not he used by LCRA. This principal should be used by LCRA and the PUC as the primary consideration of route selection. Existing transmi ion and other ri -of -way, including high, should be used or W` property a ' ent to existing rig of -way. Consolidation of tr mission line rights -of- , should be of high pr rity and should be 1 utilized to ni ize additional prope fragmentation even wk6 such consolidation increases t total cost of the project. '' V LCRA and the PUC must use the following general criteria in selecting the transmission line route and such criteria is consistent with the criteria set per the Texas Administrative Code and Texas Utility Code: Private property fragmentation; to the maximum extent possible transmission lines should follow property lines and must not divide property into small or unmarketable tracts; The diminishment of property values; Environmental and land use constraints, topography, engineering feasibility and policy of prudent avoidance Any adverse effect upon the aesthetics and beauty of the Hill Country vistas and natural resources such as rivers, tributaries and sensitive environmental areas; Any negative impact upon the economic development and tourism in the Hill Country; Transmission lines should not be located on property within a two mile radius of the city limits of Kerrville or Ingram as these areas of high population density and are primary development areas. Transmission lines should not be located on property within platted subdivisions or other communities of concentrated population such as Comfort, Mountain Home and Center Point, to the extent possible. Single pole structures should be used and not lattice structure poles. Existing transmission and other rights -of -way, including highways, should be used or property adjacent to existing right -of -ways. Consolidation transmission e right -of -ways should b of high priority a d should be utilized to minimiz dditional pro rty fragmentation even en such consolid ion increases the total cost oft project. ge No &IV The Kendall segment of the transmission line route is at the °BIeck reek Station on the edge of the community of Comfort and it is recognized meeting all these criteria may not be possible. However, priority consideration should be given to utilizing existing transmission lines rights -of- way, avoiding property fragmentation, avoiding platted subdivisions and respecting private property rights by reaching voluntary agreements with property owners. Approved this 14th day of June, 2010. PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, WILLIAM H. WILLIAMS, Commissioner, Precinct 1 Commissioner, Precinct 2 JONATHAN LETZ, BRUCE OEHLER, Commissioner, Precinct 3 Commissioner, Precinct 4 #x31763 RESOLUTION RESOLUTION OF KERR COUNTY COMMISSIONERS' COURT SETTING FORTH ITS CONCERNS AND POSITION ON THE PROPOSED LOWER COLORADO RIVER AUTHORITY TRANSMISSION SERVICES CORPORATION (LCRA) MCCAMEY D — KENDALL - GILLESPIE 345- KILOVOLT TRANSMISSION LINE THAT MAY IMPACT KERR COUNTY. WHEREAS, The Public Utilities Commission of Texas (PUC) has selected The Lower Colorado River Authority Transmission Services Corporation (LCRA) to construct and operate segments of the Competitive Renewable Energy Zones (CREZ) transmission lines that will be located throughout the Texas Hill Country, and WHEREAS, LCRA is proposing to construct the McCamey D — Kendall - Gillespie 345 - kilovolt Transmission Line which may impact property and commerce in Kerr County, and WHEREAS, Individual private property rights are one of the fundamental rights set forth in the Constitution of the United States of America, and WHEREAS, Kerr County is one of the most beautiful, scenic, environmentally - sensitive and valuable assets in the State of Texas; and WHEREAS, Kerr County Commissioners Court is the local governmental entity that represents the residents of Kerr County and is submitting this resolution to provide input to LCRA and the PUC to help guide this decision; now THEREFORE, BE IT RESOLVED, that on this day, the 14` of June 2010, Kerr County Commissioners' Court unanimously requests that LCRA and ultimately the PUC use the following criteria in selecting the McCamey D — Kendall- Gillespie transmission line route or any other proposed transmission line route in Kerr County: LCRA and the PUC must respect private property rights and only locate transmission lines on property where property owners voluntarily enter into agreements with LCRA at fair market value. Condemnation or the threat of' condemnation should not be used by LCRA. This principal should be used by LCRA and the PUC as the primary consideration of route selection. In locating new transmission lines, highest priority should be given to locating such lines within or adjacent to existing transmission easements or rights -of -way upon which there are existing aerial structures, even if such consolidation increased the total cost of the project. LCRA and the PUC must use the following general criteria in selecting the transmission line route and such criterion is consistent with the criteria set per the Texas Administrative Code and Texas Utility Code: • Private property fragmentation; to the maximum extent possible transmission lines should follow property lines and must not divide property into small or unmarketable tracts; • The diminishment of property values; • Environmental and land use constraints, topography, engineering feasibility and policy of prudent avoidance; • Any adverse effect upon the aesthetics and beauty of the Hill Country vistas and natural resources such as rivers, tributaries and sensitive environmental areas; • Any negative impact upon the economic development and tourism in the Hill Country; Transmission lines should not be located on property within a two mile radius of the city limits of Kerrville or Ingram as these are areas of high population density and are primary development areas. Transmission lines should not be located on property within platted subdivisions or other communities of concentrated population such as Comfort, Mountain Home and Center Point, to the extent possible. Single pole structures should be used and not lattice structure poles. Existing transmission and other rights -of -way, including highways, should be used or property adjacent to existing rights -of -way. Construction of new transmission lines should not be permitted until such time as the full or near- full capacity of existing public and private transmission lines are being utilized. The segment(s) of the transmission line route(s) at the Kendall Station is located near the community of Comfort and it is recognized meeting all these criteria may not be possible. However, priority consideration should be given to utilizing existing transmission lines rights -of- way, avoiding property fragmentation, avoiding platted subdivisions and respecting private property rights by reaching voluntary agreements with property owners. THEREFORE, BE IT FURTHER RESOLVED, that after review of the proposed McCamey D — Kendall - Gillespie Transmission Line routes, the Kerr County Commissioners' Court believes the route that most completely fulfills the criteria set forth herein is the northern route which extends from McCamey D eastward to Menard and east/southeast to Mason and southeast to Fredericksburg and south into Comfort and more particularly described by map designations as follows: P1 -P2a (or P2b) - P3 - P4a (or P4b) - P5 - P6a (or P6b) - P7 - P8a - (route around /through Fredericksburg at choosing of Gillespie County /Fredericksburg) - A3. Approved this 14th day of June, 2010. J> • � • _ TINLEY, •� �' Ker County Judge H.A. "BUSTER" BALDWIN, ILL AM H. 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