Currently, the City of Schertz receives its water supply from the Schertz/Seguin Local Government Corporation (SSLGC). The City of Schertz requires an additional connection with SSLGC to serve the Corbett Elevated Storage Tank.  SSLGC’s Schertz Additional Point of Delivery Project will satisfy this requirement. The Schertz Additional Point of Delivery Project involves obtaining easements through  approximately 11 tracts of land. Approximately 64% of the easements needed for this project have been acquired to date.

The City of Schertz will acquire the easements needed for this project since SSLGC does not have eminent domain authority. All expenses for the work by the City of Schertz will be reimbursed by SSLGC through SSLGC’s Impact Fees fund.  The resolution under consideration grants authority to City Staff, agents, attorneys, etc., to acquire the easements for its portion of the project. These properties represent the bulk of those properties whose owners will not agree to the new easement request. Authorization is being requested for the City Attorney to file a petition to condemn easement property if Staff is unable to reach agreement with a property owner in a reasonable amount of time through a final offer. Petitions will ONLY be filed if negotiation efforts are deemed to be futile.

Good faith negotiations have taken place on each parcel. At the inception of the project, every landowner was contacted through written correspondence which included an introduction letter describing the need for an easement and its purpose. Each landowner provided a signed document authorizing entrance to the property in order to collect data to identify environmentally sensitive areas, generate surveys and collect data relevant to provide an individual appraisal report on the property. An initial offer, based on the amount of just compensation from the independent appraisal on each property, was mailed to each landowner and/or their designated representative. Landowner’s have been given extensive time to review the initial offer and the information used to calculate the amount of just compensation.  During the course of negotiations, a variety of correspondence has been utilized to come to an agreement. A final offer letter for each parcel, also based on the amount of just compensation included in the independent appraisal of the property, has been sent to each landowner for review. Negotiation and correspondence continues on each of the parcels, but a necessity exists to utilize eminent domain authority if no agreement can be reached.
 

This Resolution will allow the City to exercise its implied statutory authority to file a petition to condemn property for permanent and temporary construction easements for the SSLGC Schertz Additional Point of Delivery Project.

SSLGC’s Schertz Additional Point of Delivery Project will provide an additional connection to the City of Schertz to deliver water to the Corbett Elevated Storage Tank.

See recommendation. 

All costs associated with the acquisition will be paid by SSLGC through SSLGC’s Impact Fees fund.

Staff recommends Council approval of Resolution 20-R-07.

In order to comply with Texas Government Code related to eminent domain proceedings, the Motion to adopt Resolution No. 20-R-07 must be made in the following form:

“I move that the City of Schertz City Council authorize the use of the power of eminent domain to acquire up to 4 parcel units of easement property located along the water pipeline route beginning at the North corner of Schaffer Road and Cibolo Creek, crossing Schaeffer Road in a Southern direction then crossing the Cibolo Creek in a Western direction, then crossing Schaeffer Road in a Western direction and continuing South and parallel to Schaeffer Road and Cibolo Creek, then traversing in a Southwesterly direction across and then in a Westerly direction along Schaeffer Road, then traversing South towards Raf Burnette and then continuing West along the North side of Raf Burnette, then continuing South parallel to Texas Valley and then continuing Southwesterly to the Corbett Elevated Storage Tank site for the public purpose of constructing, enlarging, and maintaining the Schertz/Seguin Local Government Corporation Schertz Additional Point of Delivery Project to address the ongoing water supply needs for the City of Schertz and to connect to the Corbett Elevated Storage Tank; the first record vote applies to all 4 units of easement properties to be condemned or subject to condemnation.”

*Note that if more than one City Council member objects to the adoption of Resolution 20-R-07 by the record vote for all 4 parcel units of easement property for which condemnation proceedings may be initiated, then a separate vote must be taken for each unit of property.