17-R-06 - SSLGC Pipeline access injunctive relief petitionRESOLUTION NO. 17 -R -06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING THE FILING OF A PETITION FOR INJUNCTIVE RELIEF TO GAIN
NECESSARY ACCESS FOR DETERMINING THE LOCATION OF EASEMENTS AND
IN ANTICIPATION OF FUTURE USE OF THE POWER OF EMINENT DOMAIN TO
ACQUIRE SAID EASEMENTS NECESSARY FOR THE COMPLETION OF THE
SCHERTZ - SEGUIN LOCAL GOVERNMENT CORPORATION'S ( "SSLGC ")
SECONDARY PIPELINE AND WATER INFRASTRUCTURE IMPROVEMENT
PROJECT.
WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter
21 of the Texas Property Code; and
WHEREAS, under that statute a governmental entity exercising the power of eminent
domain must first authorize the initiation of the condemnation proceeding at a public meeting by
a record vote adopting a resolution, ordinance, or order; and
WHEREAS, to address the ongoing water needs of the City of Schertz, the SSLGC is
constructing additional public infrastructure to transmit water from the SSLGC to the City of
Schertz area. The purpose of constructing this additional infrastructure is to provide additional
water to the Schertz area necessary to accommodate its growing population and because the
existing SSLGC pipeline has exhausted its capacity; and
WHEREAS, the proposed infrastructure improvements will be installed in either existing
permanent pipeline easements held by the City or in new or expanded permanent easements
necessary to accommodate the construction, use and maintenance of water pipelines and other
infrastructure; and
WHEREAS, the proposed easements which will be held by the City will be located in a
manner to minimize impacts on the properties; and
WHEREAS, to facilitate the construction of the pipelines and other infrastructure
improvements and appurtenances, temporary construction easements will also be obtained
adjacent to the permanent easements to provide the City and its agents and contractors with
adequate space for construction activities; and
WHEREAS, because this project involves the health safety and welfare of the public,
time is of the essence, and the City of Schertz finds it necessary to gain access to certain
properties whose owners refuse or otherwise have not granted permission to the city to access
their property to complete surveying, geotechnical testing, soil sampling, appraisal activities and
other necessary activities to determine the best route for the pipelines and other infrastructure as
needed; and
1
WHEREAS, under Texas law, an entity with eminent domain power has the right to
compel an owner to provide access to their property for the purpose of conducting surveying,
geotechnical testing, soil sampling, appraisals and other necessary activities to identify the
suitability and scope of property the entity will need to complete a public project and that such
right is incidental to the entity's power of eminent domain.
WHEREAS, city staff have identified certain properties which need to be examined and
evaluated through the testing described herein for the purposes described herein and have
unsuccessfully made several attempts to obtain permission from owners of these properties to
access their property to conduct the necessary testing and other necessary activities; and
WHEREAS, the city council finds that the work city staff has done to seek permission
from all landowners identified as owners of properties needed for testing and analysis is
sufficient and that further legal action is necessary to move this important public project forward;
and
WHEREAS, the city council finds that it is anticipated that the City will need to obtain
an injunction to gain access and then seek further authority from the City Council following the
testing to begin the eminent domain process to condemn the temporary and permanent easements
for the placement of the above described water infrastructure, pipeline and appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS:
Part 1: That the City of Schertz, Texas by and through its City Manager or his designee and its
City Attorney, is hereby authorized to seek injunctive relief to gain access to any and all
properties identified by city staff to conduct surveying, geotechnical testing, soil sampling,
appraisals and other necessary activities to identify the suitability and scope of property the City
will need to complete the SSLGC project. The specific work to be done is attached hereto in
Exhibit A and is incorporated herein for all purposes. A list of the properties for which the
above described testing is attached hereto as Exhibit B and is incorporated herein for all
purposes. A more detailed description of the project described herein is attached as Exhibit C
and is incorporated herein for all purposes.
Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens
of the City of Schertz the City may use of the power of eminent domain to acquire permanent
and temporary easements for the Project depicted and described in Exhibit C for the public
purpose of construction of pipelines and appurtenances necessary to transfer water to the City of
Schertz area.
Part 3. That the City of Schertz may authorize the use of eminent domain by separate action for
the properties listed in Exhibit B once the activities listed in Exhibit A are complete and specific
easement path has been determined.
ADOPTED this 14th day of February, 2017.
2
AS TO FORM:
ity Atto by