A. Project Description: This project is for a new 115kV transmission line built from the Northwest Substation to Mackenzie Substation. The transmission line conductor is dual 959.6 aluminum conductor steel supported thermal wire (ACSS/TW) with an optical ground wire (OPGW) static neutral wire.
The transmission line was constructed under a Temporary License Agreement for this property and is now energized and carrying load. The facility on LOV-COT property will become a portion of the Yellow House Canyon (“YHC”) to Mackenzie (“MK”) 115 kV transmission line when tie-in work at YHC is complete in May 2021. YHC is the northern-most 345 kV interconnection point that feeds into LP&L’s 115 kV system. This line is necessary for transmitting energy from the northern 345 kV interconnection into LP&L’s 115 kV looped system and it is a critical facility to maintain reliability of the LP&L transmission system.
B. Route Selection: LP&L staff worked closely with Black & Veatch in order to conduct a route selection process which closely followed the processes of the Public Utility Commission of Texas (PUCT), as set forth in the Public Utility Regulatory Act (PURA) § 37.056, 16 Texas Administrative Code (TAC) § 22.52 and 16 TAC § 25.101. A variety of resources were used to identify constraints and avoidances within the 13-square mile area to develop the “Preliminary Desktop Route.” The study provided for a systematic and methodical process for evaluating various routing options.
Prospective routes were broken into segments to be evaluated by 34 environmental and 25 infrastructure factors. The process of route selection included consultation with, among others, the United States Fish and Wildlife Service, United States Army Corps of Engineers, Federal Aviation Administration, Federal Emergency Management Agency, and Texas Commission on Environmental Quality. Field investigations were conducted, as well as environmental evaluations which took into account land use, wildlife observations, current park lands, and recognized historical land sites. Infrastructure evaluations were conducted, which included airstrips, irrigation systems, and electronic installations.
Prior to public meetings being held, 310 letters were sent by certified mail to all landowners whose property fell within a stipulated distance from any prospective line segment, inviting them to submit comments and attend an open house. This process of notification follows the PUCT guidelines and all mailings included a “Landowner Bill of Rights” which is a comprehensive guide to private property owners concerning private property rights and the eminent domain process, and is required by law to be used and provided to landowners in these types of proceedings. Advertisements were placed through local media outlets, including the Lubbock Avalanche-Journal, instructing the public on where, when, and why the meetings would take place.
Public meetings were held on July 18 and 19, 2019, at Centennial Elementary School. The open meetings were attended by LP&L staff, Black & Veatch, members of the Electric Utility Board, members of the Lubbock City Council, and local media outlets. Attendees at the meeting were shown large maps of both the full route segments and specific segments showing more detail. Additionally, GIS computers were available to provide print outs of specific route segments in order to provide as much detail as possible to interested landowners.
16 unique routes were selected for further study from a total of 32 route segments. Final route segments were selected after a weighted score methodology was used containing 59 factors quantified by length in miles and the number of occurrences of these factors along a route. Due to the diligence exercised and the opportunity for citizen and elected and appointed official input, LP&L staff presented the final route segments for consideration to the Electric Utility Board (“EUB”) and the City Council (“Council”), with the recommendation that the preferred route accomplishes the needs of Lubbock Power & Light, while also minimizing impact on residents of the City of Lubbock.
The EUB approved the preferred route, and recommended that the Council do the same, pursuant to Resolution dated September 19, 2017, EUB Resolution No. EUB 2017-R0062. The Council later approved the preferred route pursuant to Resolution dated September 26, 2017, Resolution No. 2017-R0354.
C. Attempts to Transact: An initial offer letter, along with requisite enclosures, was sent to the landowner of record, LOV-COT Industries, on December 7, 2018, extending a total offer of consideration of $8,521.00, with such compensation based upon the real estate appraisal that was conducted in coordination with this project. A final offer letter, along with the requisite enclosures, was sent to LOV-COT Industries, on April 10, 2019, in accordance with Chapter 21 of the Property Code. Again, the written offer letter extended a total offer of consideration of $8,521.00, with such compensation based upon the real estate appraisal that was conducted in coordination with this project. Subsequent oral negotiations and communications between the attorney representing the landowner of record, Russell Casselberry, and Amber Miller, attorney for the City of Lubbock, acting by and through Lubbock Power & Light, have been ongoing while the City continues to attempt to voluntarily transact with the landowner, by and through its counsel, Mr. Casselberry. On or about May 6, 2019, the parties reached an agreement on the price as well as easement terms to voluntarily transact.
However, upon further investigation of the title history of the subject tract, both LOV-COT Industries and the City of Lubbock have discovered a discrepancy in the current title of the land. The current title is held in LOV-COT Industries, Ltd., a Texas limited partnership that has been terminated and dissolved since 1999. The last general partner of record with the Secretary of State’s office for LOV-COT Industries, Ltd. (a limited partnership) was LOV-COT Industries, Inc. (a corporation). The initial and final offer letters were sent to LOV-COT Industries, Inc., the general partner of LOV-COT Industries, Ltd. However, the land at issue was never formally conveyed out of the limited partnership prior to its termination in 1999, and therefore, the title to the land passed by law to the limited partners at the time of the termination. LOV-COT Industries, Inc. (the surviving general partner entity) has been working to identify and contact those individuals and entities who were limited partners at the time of the limited partnership termination, but to date, those limited partners have not been contacted in order to execute the proposed easement at issue.
Therefore, because of the title defects for this property, closing of a voluntary transaction is prevented, and the filing and prosecution of eminent domain proceedings are now necessary to acquire the Property Interest and obtain valid title.
The acquisition of the Property Interest by the City is necessary in order to operate the Project. Due to such necessity, and the failure to achieve a voluntary transaction to acquire the Property Interest, it is necessary that the City of Lubbock exercise its authority to initiate and prosecute eminent domain proceedings to condemn the Property Interest. The resolution under consideration (i) provides a finding by the City Council that a public use and necessity exists regarding the Project; (ii) authorizes the filing and prosecution of eminent domain proceedings; (iii) authorizes the expenditure of funds therefor; and (iv) provides findings by the City Council regarding the completion of the statutory steps necessary to commence eminent domain proceedings.
Note: The motion to approve this Resolution must be in statutory form.
|