HomeMy WebLinkAboutResolution 5747-06-2023A Resolution
NO. 5747-06-2023
AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR
TEMPORARY INJUNCTION AGAINST RODNEY D. SUMMERVILLE II
WHEREAS, the City of Fort Worth ("City") is in the design stage of constructing the Mary's
Creek Force Main project ("the Project'). The Project is a high -priority Water Department project that
will transport wastewater to the future Mary's Creek Water Reclamation Facility in order to treat
wastewater produced in the rapidly developing western part of the City and source high -quality reclaimed
water for future businesses and industries in the area; and
WHEREAS, to complete the Project, the City must access property owned by Rodney D.
Summerville 11, in order to conduct surveying and other due diligence work, said property being located
at 9832 Lorie Valley Trail and being described as Tarrant Appraisal District Account No. 42628430,
Montrachet Addition, Block 1, Lot 37, Tarrant County, Texas; and
WHEREAS, the City has repeatedly sought to coordinate its survey and due diligence activities
with Rodney Summerville 11, by entering into a voluntary access agreement that would allow the City to
conduct the due diligence activities it is entitled to conduct under the law; and
WHEREAS, efforts to obtain permission to enter the property in order to perform due diligence
work have been unsuccessful thus preventing the City from completing the due diligence activities that
need to be conducted in order for the Project to move forward; and
WHEREAS, the City's failure to legally conduct survey and other due diligence work on the
property places the ultimate design and construction of the Project in jeopardy; and
WHEREAS, because the City is vested with the power of eminent domain, the City is legally
entitled to enter the property and conduct the due diligence activities necessary to successfully complete
the Project; and
WHEREAS, pursuant to Section 65.011(1) of the Texas Civil Practice and Remedies Code,
injunctive relief is appropriate when the applicant is entitled to the relief sought and such relief requires
the restraining of some act prejudicial to the applicant. As a matter of law, the City is entitled to enter
upon the property to conduct its due diligence and the property owner(s) should be restrained from
interfering with the City's exercise of this legal right.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
The City Council authorizes the City Attorney to file a Petition for Temporary Injunction against
Rodney D. Summerville II, the owner of 9832 Lorie Valley Trail, in order to preserve the status quo and
to protect the City's statutory right to access the property to conduct the survey and due diligence activities
necessary to proceed with the Project.
Adopted this 13th day of June 2023.
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DRAFT MARY'S CREEK FORCE MAIN ALIGNMENT FOR SURVEY/ EASEMENT
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0479
LOG NAME: 211NJUNCTION P31 RODNEY SUMMERVILLE II
SUBJECT
(Near CD 3) Adopt Resolution Authorizing the City's Petition for a Temporary Injunction Against Rodney Summerville 11, the Owner of Property
Located at 9832 Lorie Valley Trail in the Montrachet Addition, Block 1, Lot 37, Tarrant County, Texas, Seeking a Temporary Right of Entry to
Conduct Due Diligence in Anticipation of the Mary's Creek Force Main Project
RECOMMENDATION:
It is recommended that the City Council authorize the City Attorney to file a petition for a temporary injunction against Rodney Summerville II, the
owner of property located at 9832 Lorie Valley Trail in the Montrachet Addition, Block 1, Lot 37, Tarrant County, Texas, to gain access to the
property in order to conduct due diligence necessary for the Mary's Creek Force Main project.
DISCUSSION:
Approval of this Mayor & Council Communication (M&C) would authorize the City Attorney to file a petition for a temporary injunction against
Rodney Summerville 11, the owner of property located at 9832 Lorie Valley Trail in the Montrachet Addition, Block 1, Lot 37, Tarrant County, Texas,
to gain access to the property in order to conduct due diligence necessary for the Mary's Creek Force Main project (Project). The Project is a high -
priority Water Department project that will transport wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater
produced in the rapidly developing western part of the City and source high -quality reclaimed water for future businesses and industries in the
area.
The property is in the central portion of the Project and currently owned by Rodney Summerville 11. Efforts to obtain permission to enter the property
to perform due diligence work have been unsuccessful. Therefore, staff seeks Council authority to file suit to obtain a temporary injunction to allow
employees of the City of Fort Worth, registered contractors, consultants, and their sub -consultants to enter the property to perform due diligence
work.
As part of the due diligence for the Project, a Temporary Right of Entry is needed to perform the following:
1. Geo-technical analysis to include shovel testing and borings (backfilled upon drilling);
2. On -the -ground survey and appraisal;
3. Environmental jurisdiction determination to identify open waters or wetlands;
4. Environmental archaeological site review to identify cultural resources from history of operations in the area to include shovel testing along
the alignment and backhoe trenching at key areas and creek crossings (backfilled upon completion);
5. Subsurface utility exploration to include Quality Level A Test Holes (backfilled upon completion);
6. In -situ soil resistivity testing to identify soil resistivity along the proposed alignment; and
7. General site observation.
Accordingly, it is recommended that the City Council adopt the attached resolution authorizing the filing of the Petition for Temporary Injunction in
Tarrant County, Texas.
This property is near COUNCIL DISTRICT 3.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Ricky Salazar 8379
Additional Information Contact: Niels Brown 5166
Janice Holmes 6349