05a b 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: May 24, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on resolution to LCRA regarding CREZ power lines in Kerr County. 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 (LCRATSC) TWIN BUTTES - MCCAMEY D- WESTWIND - KENDALL 345- KILOVOLT TRANSMISSION LINE THAT MAY IMPACT KERR COUNTY. WHEREAS, The Lower Colorado River Authority Transmission Services Corporation (LCRATSC) is proposing to construct the Twin Buttes - McCamey D- Westwind- Kendall 345- kilovolt Transmission Line and the Westwind /Kendall - Gillespie - Newton 345- kilovolt Transmission Line and both these transmission lines may impact property in Kerr County, and WHEREAS, Kerr County Commissioners' Court acknowledges the need for the transmission of electric power and LCRA's long term support and commitment to the people of Kerr County, and WHEREAS, Private property rights are one of the fundamental rights set forth in our United States of America Constitution, and WHEREAS, Kerr County is one of the most beautiful, scenic and valuable assets in the State of Texas; and WHEREAS, The Public Utility Commission of Texas approves the final route and the Kerr County Commissioners' Court has no authority over this decision. However, Kerr County Commissioners Court is the local governmental entity that represents the residents of Kerr County and is providing this resolution to help guide this decision; now THEREFORE, BE IT RESOLVED, that on this day, the 24 of May 2010, Kerr County Commissioners' Court unanimously requests that LCRA and ultimately the PUC use the following criteria in selecting the subject transmission line in Kerr County: 1. Locate the transmission lines to the maximum extent possible outside of Kerr County. 2. LCRA should respect private property rights and only locate transmission lines on property where property owners voluntarily enter into agreements with LCRA and condemnation or the threat of condemnation should not be used by LCRA. 3. LCRA should consider property fragmentation and natural resources. 4. Transmission lines should not be located on property adjacent to the City of Kerrville, through existing subdivisions and other areas of concentrated population. 5. Single pole structures should be used and not lattice structure poles. 6. Existing transmission and other right -of -ways, including highways, should be used or property adjacent to existing right -of -ways. 7. Consolidation of transmission line right -of -ways should be of high priority and should be utilized to minimize additional property fragmentation even when such consolidation increases the total cost of the project. 8. The location of transmission lines should consider the impact on property values, the aesthetics and beauty of hill country vistas and protect the hill country natural resources. Page 2 Resolution: LCRA Approved this 24th day of May, 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 Approved this 24th day of May, 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