County criticizes city
By BARRY HALVORSON bhalvorson@journal-spectator.com

Although the work will continue, Wharton County Commissioners Court criticized the city of Wharton's handling of condemnation suits to acquire right of way for the Santa Fe Drainage Outfall Channel Project.

It was criticism city officials attending the meeting said was unfair and inaccurate.

At the center of the issue is the disposal of the dirt removed from the channel. Wharton County Judge John Murrile offered the opinion the city handled two condemnations differently giving the dirt to the former owners in one case, but denying it in the second.

The judge said in both cases the city filed eminent domain condemnation suits, something City Manager Andres Garza confirmed.

Murrile said denying the former owners the dirt was done unfairly after one of the property owners rejected the city's initial offer, "which is his right."

Garza said while two of the three owners accepted the original proposal, which included giving away the dirt, the property was part of an undivided interest so when one rejected, all rejected.

He added the city purchased 3.5 acres more than necessary to ensure access and the city was spreading the dirt on that property.

All the parties, he said, signed the agreement that didn't include giving up the dirt.

"They left the dirt on the (negotiating) table," Garza said, adding the dirt being removed is city property, making it illegal to just give it away.

The city paid the appraised value for the land, he said, adding the property owners came back for the dirt after the fact.

Wharton City Councilmen Ken Freese and Doming Montalvo told commissioners Wharton residents are county tax payers as well.

Freese added the county was not been involved in the negotiations, didn't know how the negotiations went and was now recommending the city do something illegal by giving away the dirt.

"We have an agreement with each of the landowners," he said. "And the final agreements are signed. The agreements are not the same as the lawsuits. But two parties out of three don't make a deal."

Under the interlocal agreement between the city and county, Murrile said, the county was only obligated to dig the channel.

He recommended the county stick to the strictest interpretation of that agreement and simply remove the dirt, leave it on the bank of the channel and spread it with a bulldozer.

Garza said since the city is providing the trucks, it would be just as easy for the county to dump the dirt in those available trucks.

Precinct 1 Commissioner Mickey Reynolds, who has crews doing the actual excavation, stayed out of the discussion saying, "I'm just digging the ditch."

He agreed to meet with the city to discuss what to do with the dirt.

In another city-county project, commissioners agreed Monday to take $48,951 from the county's 2008 contingency fund to pay its portion of the sidewalk improvement project in downtown Wharton.

The city awarded the project to Economic Construction Inc. for $154,714.