Property owner warns of downtown flooding risk at Union Pacific crossing, urges city action

Hank Royer, who owns buildings on Third and Buckeye, told the Abilene City Commission that ballast rock inside a drainage conduit under the Union Pacific tracks is preventing downtown drainage and risks serious flooding and winter ice jams.

"If I flood and you haven't done anything, I'm going to sue the city," Royer said, adding he preferred the city reach a resolution rather than pursue litigation. He said he first raised the issue in mid‑September and had returned to successive meetings seeking an update.

Interim City Manager Quinde and City Attorney Martin responded that the city has been engaged with Union Pacific in writing; Martin told the commission his first correspondence to the railroad was Oct. 31 and the city received recent historical information from Union Pacific about 10–12 days before the meeting. Staff said the railroad’s legal and operational contacts have been engaged and that city staff must review recent material with the city attorney before next steps.

Commissioners pressed staff for a timeline and for any non‑privileged correspondence they can share with the governing body. Staff said they would forward documents that are appropriate to circulate and continue coordinating with the railroad.

The exchange did not produce an immediate directive for physical work; instead, staff characterized the matter as an ongoing legal and operational coordination with Union Pacific and said additional review is required before the city takes further action.