During the next couple of weeks, Oncor Electric Delivery officials once again will visit Woodway backyards. But this time, the visits will be done with the blessing of home-owners.

Under a settlement process negotiated Tuesday, the electric company has agreed to talk one-on-one with homeowners who live along a transmission line that is set to be upgraded. The hope is that the talks will result in an out-of-court resolution for a dispute about how many trees the company needs to cut down to complete the project.

No work on the project will proceed until the talks are complete.

Woodway City Manager Yost Zakhary (left) and Mayor Don Baker leave 170th State District Court in Waco on Tuesday after attorneys for Oncor Electric Delivery and Woodway residents worked out a deal that may keep both sides out of court regarding a dispute over trees near a planned power line project.
Duane A. Laverty/Waco Tribune-Herald

“At this point, it’s better not to point fingers but to look at this as an opportunity for a fresh start,” said Rick Bostwick, a Waco attorney representing the Woodway residents. “These have been some painstaking discussions. I cannot tell you that everybody will be perfectly satisfied at the end of the day. But what we are hoping for is a better resolution than if we tried the case.”

Residents who live in the 153 homes along the transmission line easement had been prepared to continue a legal battle against Oncor.

They secured a temporary restraining order against the company last week and were geared up for another hearing at which they planned to ask 170th State District Judge Jim Meyer to grant a temporary injunction against Oncor.

The hearing was scheduled to begin Monday, but the attorneys for each side told the judge they wanted to postpone it a day to allow more negotiations. Those talks spilled over to Tuesday morning, as more than two dozen Woodway residents who had shown up for the hearing waited inside Meyer’s courtroom.

About two hours after the hearing had been scheduled to begin, the attorneys announced the agreement. The plan is for a team of Oncor officials to meet with affected Woodway residents individually during the next few weeks.

Homeowners will get a chance to tell Oncor their concerns and make suggestions about how the work could be done without clearing the easement, Bostwick said. In turn, company officials have pledged to clearly and accurately explain what they want to do on each piece of property and why. They also will spell out their plans and promises to home-owners in writing afterward, he said.

Originally, the company said it would clear all trees and other vegetation from within 35 feet of either side of the transmission line. But the company now is willing to talk with homeowners about the possibility of sparing some trees and vegetation, Bostwick said. They also are open to compromising on what kind of trees can be replanted in and around the easement, he said.

Trial still an option

If homeowners are not satisfied with Oncor’s plans after the discussions, they still can press for more relief from a judge, Bostwick said. But he urged property owners to take advantage of the chance to work with Oncor.

“When a case goes to trial, there are winners and losers,” Bostwick said. “There is no in between. I guarantee you, if we roll the dice and we lose, you will end up with a 70-foot swath of dirt.”

Some residents who came for the hearing said they are not convinced a compromise can be reached. But all seemed open to the idea of continuing negotiations before taking the matter back to court.

Julia Khoury, who was told 101 trees would be cleared from her property, said she was pleased by Tuesday’s outcome.

“If they are willing to meet with us, I think it’s a giant step forward,” she said.

George Harvey, another affected homeowner, agreed. It would have been better if Oncor had been open to discussion from the get-go. But at least that might happen now, he said.

“We have more now than we had in the past,” Harvey said. “Let’s see what happens.”

Oncor spokeswoman Jeamy Molina said the company is looking forward to meeting with homeowners.

Woodway residents who want to meet with Oncor must call 772-8022 by 5 p.m. Friday. More information is available at the city’s Web site, www.woodway-texas.com.

cculp@wacotrib.com

757-5744