City of Palmview sues Agua SUD over sewer system construction project

The city of Palmview is suing the Agua Special Utility District over a sewer system construction project.

Agua SUD is in charge of the water and sewer of four cities, including Palmview.

At the moment, the utility district is building sewer lines for 1,500 residents who currently rely on septic tanks for their sewer.

That project is all part of the $42 million sewer system in the city of Palmview to help residents have a cleaner system.

It is not expected to be complete until December 2018, or possibly early 2019.

But the city of Palmview decided that wasn't quick enough because they are losing economic development opportunities due to the lack of sewer system— and have started construction on their own drainage project.

"Right now, the city has embarked on a $588,000 project for laying a collection system for waste water," said Palmview City Manager Leo Olivarez.

Officials from Agua SUD say the construction is breaking state laws because it has jurisdiction over Palmview's sewer district.

"It's improper and illegal, but on top of that it's an unnecessary waste of tax payer money," said Frank Garza, general counsel for Agua SUD.

But Palmview disagrees.

The city sued Agua SUD, taking them to court on May 22.

"I want it to be very clear that there's no evidence that shows that we're violating any state or federal law," said Olivarez.

State Judge Letty Lopez ruled in Agua's favor, demanding the construction for Palmview's sewer system stop immediately.

However, CBS 4 News spotted the construction happening on Friday, June 1, Monday, June 4 and again Tuesday, June 5.

Olivarez says the city will stop.

"We are going to follow that order, so we will not be able to continue until we hear further from the court," Olivares said. "We're not happy with the judge's rulings, but we're going to appeal the restraining order. It's a great project, it's going to mean investments, jobs for the community. We had agreed to this years ago, we're hoping we can come back to the table and get that done."

Despite the legal process, a complete official application from the city of Palmview to Agua SUD regarding the issue of building their own system has never been filed to date.

Palmview is working on appealing the temporary restraining order that is stopping them from building their sewer system.

A pre-trial hearing for the case is set for August 2.

Trial is expected to start August 6.