PRESENTER: Presenter
Bruce Haby, Real Estate Manager, New Braunfels Utilities
Matthew Eckmann, Assistant Director of Public Works
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SUBJECT: Title
Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings by New Braunfels Utilities (NBU) for the acquisition of easements that are necessary to advance and achieve the public use of expanding the New Braunfels Utilities’ Water System to increase water capacity to meet existing and future needs and ensure reliability, in the event negotiations are unsuccessful:
a. a permanent utility easement of 0.005 acres and a temporary construction easement of 0.042 acres being situated out of Lot 13, Pleasant View Subdivision in Comal County, Texas according to the plat thereof recorded in Volume 4, Page 54 of the Map and Plat Records of Comal County, Texas, as conveyed to Leonardo Hernandez III, Herman G. Hernandez, Yvette Hernandez Rodriguez, Yvonne Hernandez Garcia and Michael R. Hernandez by Gift Deed recorded in Document No. 201706012849, Official Public Records, Comal County, Texas, as it may have been modified by Affidavit of Correction Concerning Instrument recorded in Document No. 202006016641, Official Public Records, Comal County Texas, also known as Comal County Parcel No. 44948
b. Header
DEPARTMENT: New Braunfels Utilities and Public Works
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COUNCIL DISTRICTS IMPACTED: District 1
BACKGROUND INFORMATION:
the Board of Trustees of NBU adopted resolution R-2026-209 on April 30th, 2026, recommending that the City acquire the Easements on certain privately-owned real property described below and in Exhibits A and B of the attached resolution by purchase or through the use of eminent domain as part of the Western Downtown to Morningside Pressure Zone Conversion Project to install approximately 17,000 linear feet of 8-inch up to 18-inch water main and related appurtenances needed to convert a portion of the Downtown Pressure Zone to the Morningside Pressure Zone to address existing pressure issues, extend water supply to the new Solms Pump Station, and Ground Storage Tank, and provide additional capacity to serve current and future growth and ensure reliability
ISSUE:
New Braunfels Utilities, acting as an agent of the City is seeking approval for the City to exercise its power of eminent domain, if necessary, to acquire the rights from the following property:
a. a 0.005-acre permanent utility easement and a 0.042-acre temporary construction easement (Comal County Parcel No. 44948)
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
All costs associated with property acquisition and eminent domain proceedings will be the responsibility of NBU.
Recommendation
RECOMMENDATION:
Staff recommends approval of this resolution.