Woodway residents, Oncor reach deal on clearing trees for power line

By Cindy V. Culp Tribune-Herald staff writer

Friday March 12, 2010
 
 

Woodway residents have reached an agreement with Oncor Electric Delivery that will allow a power-line project to proceed without another court fight.

Under the terms of the deal, the company will clear trees and vegetation only within 25 feet of each side of the transmission line in question, rather than the full 70 feet of the company’s easement, at least in most cases.

Also, within that 50-foot swath, Oncor has agreed to let some trees and structures remain on a case-by-case basis, said Rick Bostwick, a Waco attorney representing the residents.

Tree trimmers remove limbs along Oncor’s utility lines in Woodway.
Tree trimmers remove limbs along Oncor’s utility lines in Woodway.
Jerry Larson/Tribune-Herald

In addition, the company will allow homeowners to replant smaller trees and shrubs in a portion of the easement, Bostwick said.

While some of the 153 people who live along the easement will still have a large number of trees cut down, Bostwick said he is pleased with the deal.

The fact that Oncor temporarily halted work on the project, agreed to reduce the area it would clear and consented to additional exceptions is extraordinary, he said.

“While there is no question that (the agreement) will not satisfy everyone . . . we think that is significantly better than what normally occurs and represents a better outcome than even what probably would have occurred in the courtroom,” Bostwick said.

Oncor spokesman Chris Schein said the company would not comment until the deal is finalized.

But Oncor feels good about the progress that has been made, he said, and is glad it had the opportunity to work with residents.

Once the agreement is official, the company will resume work as quickly as possible, Schein said.

Oncor officials have said they want the line upgraded before peak summer usage. The new line will have 2 1/2 to three times as much carrying capacity, which the company said is needed to accommodate growth in the area.

“We’ve said all along that these lines are important not just for Oncor but for the whole state,” Schein said.

In January, Woodway residents learned Oncor planned to remove all trees and other vegetation from the easement. The company said that was necessary to get heavy equipment in for construction and ensure access to the line in the future.

The residents protested, and last month, they persuaded a judge to issue a temporary restraining order against Oncor. The next step would have been a hearing at which residents would have had to provide substantially more evidence supporting their claim that the company’s plans weren’t reasonable.

That hearing never happened, however, because both sides agreed to enter settlement talks in hopes of reaching an out-of-court agreement.

As part of that, Oncor halted work and sent a team of officials to meet with home-owners individually.

If the majority of affected residents had wanted to continue the fight after those talks, the hearing would have been held. But last week, the homeowners were polled, and a large majority voted to accept the offered compromises, Bostwick said.

Individual homeowners still can challenge Oncor in court if they choose, he said.

Julia Khoury is one of many Woodway residents who will work with Oncor to decide which trees will be cleared.
Julia Khoury is one of many Woodway residents who will work with Oncor to decide which trees will be cleared.
Rod Aydelotte/Waco Tribune-Herald

Doug Scoggins, one of the homeowners who helped lead the fight, said the agreement is likely the best residents could get.

He still questions whether Oncor needs to cut down so many trees. But if the matter had gone back to court, residents stood to lose a lot more.

“They could have come back in and clear-cut the whole thing if we had lost,” Scoggins said. “I think we have done the best we can. Some trees were saved, so it was certainly worth the time doing what we did.”

Of all the residents, Julia Khoury said she is losing the most trees — 131 of about 140. Her property is in a “construction zone,” meaning a pole for the line is set to be placed there. In such zones, the agreement specifies that the company can clear the entire easement.

Khoury said she wishes something more could be done. But neither she nor the other residents have the financial resources to continue a legal fight, she said.

“Oncor’s a big company,” Khoury said. “I’m just a small person down here. I’m just going to try to make the best of it.”

cculp@wacotrib.com

757-5744

 

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Mar. 12, 2010, 8:28PM

(Report Comment)

The homeowners should get naked and handcuff themselves to the trees. Works out here in Kalifornia.

 

Mar. 12, 2010, 8:02PM

(Report Comment)

Make residents plant trees to offset lost ones otherwise it will speed up global warming.

 

Mar. 12, 2010, 12:46PM

(Report Comment)

I do not live in the City Limits of Woodway, but have a Woodway address, and I hope this is in some way a win-win situation for all concerned.

 

Mar. 12, 2010, 10:00AM

(Report Comment)

You're right Just Me, I don't own any property in Woodway. I would not waste my money that way. Property value? That's an overrated and lost cause in Waco and Woodway. What's in Woodway to maintain any type of property value? Now, if you were talking about a Ft. Bend county, or something like that I could see property values being a concern, but Woodway? Come on. I would be willing to bet that Oncor has deeper pockets and more access to lawyers than any resident of Woodway. Go plant some shrubs to beautify the easement under the power lines

 

Mar. 12, 2010, 8:42AM

(Report Comment)

This sure beats the original Oncor plan: Clear 140 foot swath of vegetation with one pass from an old Vietnam era C130 tanker filled with Agent Orange. I think that plan is still in effect for parts of Waco, but not Woodway.I think Woodway gets a team of Japanese Bonsia gardners. It just all depends who can afford to hire a lawyer.

 

Mar. 12, 2010, 8:22AM

(Report Comment)

If this was anywhere else, the trees would have been cut and no hearing. I wish these people would have a coal plnat in there backyard like people in Riesel. Maybe then it would be different

 

Mar. 12, 2010, 7:36AM

(Report Comment)

That's why they call them easements . The property owners singed an agreement with the power company to let them put the poles on their property and maintain them . I'm sure some people were paid for this easement . If they plant trees and put storage buildings on the easement ,the power company has the right to cut trees and remove anything in their way . I give oncor kuddos for working with the residents . Yall need to pull your heads out of your ....... and deal with real problems that yall have going on like drugs and gangs in your schools .

 

Mar. 12, 2010, 7:15AM

(Report Comment)

Woodway residence are a bunch of whiners!! They think they are so good and above everyone else. No one helped us here in Waco then they were cutting down our trees.

 

Mar. 12, 2010, 5:41AM

(Report Comment)

You obviously don't own the land under the lines and were not worried about losing property value. No one was trying to halt the work completely and keep the needs of the many from being met. They were just trying to have more reasonable effects of work done on their properties.

 

Mar. 12, 2010, 3:41AM

(Report Comment)

This whole thing was a waste of time, money and resources. Many more important things going on here than worrying about some trees..The needs of the few should not outweigh the needs of the many.

 





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