2011-R-55 - Eminent Domain AuthorityRESOLUTION NO. I1-R-55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY TO SUBMIT A LETTER
TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
PROVIDING DOCUMENTATION OF THE CITY'S EMINENT DOMAIN
AUTHORITY IN TEXAS
WHEREAS, Senate Bill 18, enacted by the Texas 82nd Legislature, requires all public
and private entities authorized to exercise the power of eminent domain in Texas to submit a
letter to the Texas Comptroller of Public Accounts detailing their Iegal authority to exercise the
power of eminent domain in order to retain that power;
WHEREAS, the City of Schertz (the "City") is a public entity in Texas with the paver of
eminent domain;
WHEREAS, the City staff recommends that the City comply with the requirements of
Senate Bill 18 in order to preserve the City's eminent domain authority by submitting a letter to
the Texas Comptroller of Public Accounts providing documentation of the City's eminent
domain authority (the "Eminent Domain Letter"); and
WHEREAS, the City Council has detei7nined that it is in the best interest of the City to
submit the Eminent Domain Letter to the Texas Comptroller of Public Accounts, which Eminent
Domain Letter is attached hereto as Exhibit A.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes and directs the City Manager and the
City Attorney to execute and deliver the Eminent Domain Letter to the Texas Comptroller of
Public Accounts in substantially the form set forth on Exhibit A. Further, the City Council
hereby authorizes and directs the City Manager and the City Attorney to take such further actions
and to execute and deliver such additional documentation as the City Manager and the City
Attoiriey deem reasonably necessary in order to preserve the City's eminent domain authority.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
50448842.2
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Govei~nent Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and rt is so resolved.
PASSED AND ADOPTED, this 29th day of November, 2011.
ATTEST:
C~ ..__ ~
City Secretary \
(CITY SEAL)
50445842.2
EXHIBIT A
LETTER TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
50448842,2 A-1
FLILBRIGHT
~~awors,~Zi L. L. 1'
Attornays at Lc1u
Michael L. Spain
Partner
300 Can~ent Street, Suite 2100 ~ Sari Antonio, Texas 78205-3792
mspaln@fulbright.com • Direct: 210 270 7184 • Maim: 210224 5575 • Facsfmlle: 210 270 7205
November 30, 2011
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Comptroller of Public Accounts
P.4. Box 13942
Austin, TX 78711
Re: City of Schertz, Texas: Required Documentation of Eminent Domain Authority in Texas
To the Comptroller of Public Accounts:
I am the City Attorney for the City of Schertz, Texas (the "City"). In accordance with the
provisions of Senate BiII 18 passed by the Texas 82nd Legislature {"SB 18"), the City hereby
submits this letter detailing the City's authority to exercise the power of eminent domain.
The City's "Required Documentation of Eminent Domain Authority in Texas" farm is enclosed
with this letter,
Thank you for your prompt attention to this important matter. If you have any questions
regarding this letter or the enclosed information or require any additional information, please call
me at 210-270-7184.
Very truly yours,
Michael L. Spain
MLS/mjw
Enclosure
cc: John C. Kcssel (City Manager, City of Schertz, Texas)
John Bierschwale (Assistant City Manager, City of Schertz, Texas)
David Harris (Assistant City Manager, City of Schertz, Texas)
Bob Cantu (Chief of Staff, City of Schertz, Texas)
Brenda Dennis (City Secretary, City of Schertz, Texas}
Michelle Sanchez (Director of Development Services, City of Schertz, Texas)
Sam Willoughby (Director of Public Works, City of Schertz, Texas)
Katherine A. Tapley (Firm)
Samantha Dyal (Firm)
50457656. I .
AUSTIN. BEIJING • DALLAS .DENVER. DUBAI .HONG KONG • HOUSTON • LONDON • LOS AN61wLE5 • MINNFJWOLIS
iNUN1CH • NEW YORK. AITTSBURGN~SOUTHPOINTE .RIYADH • SAN ANTONIO.3T. LOUIS • WASHINGTON DC
~vww,fulbrtght,com
EXHIBIT A
Applicable Provisions of Texas State Law That
Grant Eminent Domain Authority to the City of Schertz, Texas
1. Texas Constitution Article XI, Section 5, Cities of More Than 5,000 Population;
Adoption or Amendment of Charters; Taxes; Debt Restrictions
2. Texas Local Government Code Section 214.135, Condemnation of Easements and
Interests; Assessments
3. Texas Local Government Code Section 214.136, Condemnation of Property
4. Texas Local Government Code Section 241.903 Acquisition of Air Rights or Other
Property
5. Texas Local Government Code Section 251.001, Right of Eminent Domain
6. Texas Local Government Code Section 273.001, Acquisition of Property; Exercise of
Police Power
7. Texas Local Government Code Section 280.001, Land for Use of.United States
8. Texas Local Government Code Section 331.00], General Authority
9. Texas Local Government Code Section 331.003, Eminent Domain
10. Texas Local Government Code Section 374.015, General Municipal Powers Relating to
Urban Renewal
11. Texas Local Government Code Section 392.056, Acquisition, Use, and Disposition of
Real and Personal Property
12. Texas Local Government Code Section 552.002, Certain Public Services & Utility
Systems in Home-Rule Municipality
13. Texas Local Government Cade Section 552.011, Use of Eminent Domain Power
14. Texas Local Government Code Section 552.013, Water System in Municipalities With
Population of More Than 1,000
15. Texas Local Government Code Section 572.013, Use of Eminent Domain
16. Texas Government Code Section~1506.060, Eminent Domain
17. Texas. Transportation Cade Section 22.011, General Powers Regarding Airports and Air
Navigation Facilities
18. Texas Transportation Code Section 224.002, Acquisition by County or Municipality
Generally
19. Texas Transportation Code Section 311.032, Establishment of Freeway
20. Texas Transportation Code Section 311.033, Acquisition of Land
21. Texas Transportation Code Section 311.092, Assessment for Opening, Extending, or
Widening of Street or Alley in Home-Rule Municipality
50448839.2 Exhibit A
22. Texas Transportation Code Section 314.Oi 1, Acquisition of Property for Highway
Improvements by Municipality
23. Texas Utilities Code Section 186.054, Construction and Maintenance of Utility, Common
Carrier, Cable Operator, and Energy Transporter Facilities
24. Texas Water Code Section 11.033, Eminent Domain
25. City of Schertz, Texas Home Rule Charter
50448839.2 Exhibit A
Susan Comics Texas Comptroller ofPublic Accounts
- Required Documentation of Eminen~ Domain Authority in Texas
What action must be taken: Per Senate Bill i8 enaoted by the 82nd Legislature, all public and private entities authorized to exercise the power
of eminent domain In Texas are required to submit a letter to the Comptroller of Public Accounts detailing their legal authority to exercise
this power, The letter must be sent by certified, return receipt mail trot later than December 31, 2012. (Per the bill, the authority of an entity io
exercise the paver of eminent domain expires on September i, 2013, unless the letter has been submitted try the deadline.)
About this form: This form fs designed to guide en[ities in submitting the required information on eminent domain authority. Once the fields have
been completed, the [orm can be printed and mailed via certified, return receipt to the address provided to meet the requirements of the bill.
cnuFy rnr4rnranvn
1. Full, legal name of entity:
City of Scheriz
2. Alternate name of entity (!f any):
3. Primary address: Street or P.O. Box 1400 Schertz Parkway
City, State, Zlp Code
Schertz, Texas 78154
4. Primary phone number (whir area code):
6, l=ntity contact: F7rst name JOhrl
210-619-1000
Phons number (with area cadet:
6. Alternate contact: Firs! name Michael
Phone number (with area cadet:
210-619-1015
210-270-7184
Last name iCessel
E-mall address: llcessel@schertz.cotrt
Last name Spain
s:-mall address: mspain@fulbright,com
r.
7. Does your entity have emtnenl domain authority in Texas? ~ Yes ~ fvo
8. If "yes° to quest]on 7, please identity all of the appllcab]e provisions of state law that grant eminant domain authority to this entity. Please rife as Title of
Code or Artfcie, Secllon iVumberlNeme (for example, Texas Government Code, Section rF3.i36 or Artlcte 7&t9, Auxiliary Water Laws).
See Exhibit A attached hereto and fully incorporated herein.
9. Please indicate the first year in which this entity exercised eminant domain authority (il known):
DISCLAIMER: Chapter 2205, Subchapter C, Government Code (as added by Senate bill ia, 82nd Regular Sessbn) requires rho Comptrollerol Pubi:cAccounl to collect Information
and report to the Leglslalure all entitles In the state of Texas the! have the authority to exercise the power of eminant damaln. Entitles ]hat provide information to the Comptroller
represent and warrant that the Iniamallon Is accurate and complete to the best of their knovRadge. Entitlsa that provide {nformatlon acknowledge that It la their reeponelbl{Ity
to submit a fetter by certified matt, return receipt requested io the Comptroller's office, Indieating that the Entity la authorized to exercise eminent domain authority
end to tdentlfy astir law that grants such eWhorlly. The Entity further acknowledges that the Gomptroller's office is not responslbfo to submit saki leder, nor is ft responsible for
the Entity's failure to aubmlt said letter as required by law, and final such (allure may cause the entity's power of eminent domain to expire on September i, 2013. The Entity also
aclmowledges that Ihs Comptroller of PubllcACCOUnIS {s a state agency sub]ect to Chaplet 652 0l the Texas Gov't Cale (lhe'Coxas t'ubl~ Informaton Act`) and court Interpretagons
thereai, and brat the informalbn submitted to this office may ire sub]ec! to disclosure !a the publ~ under Section G52,ioi, of seq., of the Code.
Under Ch. 559, Govemmen! Code, you are entlHed to review, request, and correct Information we have on fie about you, wt1h limited exceplbns In accordance with Ch. 552,
Government Code. To request Inbrmstlon for review or Io roquest error correction, contact us al rho address on this form or abiecompltante~tpa.slate.tx.us.
_ '+ sy signing, I agree that the infarmatton Is true and correct. ~~~ -
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A7all this farm via cerZlfled mall to `' Silge ~ ;
CaMPTROLLEF3 OF P>.jBLIC ACCOU]xTS there ~!
' I'O. BOx-13942 - ~'ar Date
Austin Taxas7e711 t John C, Kassel, City Manager 210-619-1015
- -- - PrlnttVamelntle ~ Phona(araaeatleandrnemher)