HomeMy WebLinkAboutResolution 5756-06-2023A Resolution
NO. 5756-06-2023
AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR
TEMPORARY INJUNCTION AGAINST FORT WORTH LEGACY INVESTMENTS, L.P.
WHEREAS, the City of Fort Worth ("City") is in the design stage of constructing the ITS Radio
Transmit Site Project ("the Project'). The Project is a high -priority IT Department project that will provide
expanded radio coverage, particularly in north Fort Worth and northwest Tarrant County. Considerable
City development and expansion of City services in this quadrant have increased the need to extend radio
coverage by implementing an additional radio transmission site and tower; and
WHEREAS, to complete the Project, the City must access property owned by Fort Worth Legacy
Investments, L.P. in order to conduct surveying and other due diligence work, said property being located
at 13501 Bates Aston Road in Lot 20R, Block 1, Haslet Heights in the W.C. Rall Survey, Abstract 1800,
Tarrant County, Texas; and
WHEREAS, the City has repeatedly sought to coordinate its survey and due diligence activities
with Fort Worth Legacy Investments, L.P. 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
Fort Worth Legacy Investments, L.P., the owner of 13501 Bates Aston Road, 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 27' day of June 2023.
ATTEST:
By:
Jannette S. Goodall, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0565
LOG NAME: 21INJUNCTION NW RADIO TOWER 13501 BATES ASTON RD
SUBJECT
(ETJ Near CD 10) Adopt Resolution Authorizing the City's Petition for a Temporary Injunction Against Cuisine Imports Management Inc., General
Partner of Fort Worth Legacy Investments, L.P., the Owner of Property Located at 13501 Bates Aston Road, Haslet, Tarrant County, Texas 76052
and Being Lot 20R, Block 1, Haslet Heights in the W.C. Ralf Survey, Abstract 1800 Seeking a Temporary Right of Entry to Conduct Due Diligence
in Anticipation of the Information Technology Services Radio Transmit Site Project
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to file a petition for a temporary injunction
against Cuisine Imports Management Inc., General Partner of Fort Worth Legacy Investments, L.P., owner of property located at 13501 Bates
Aston Road, Haslet, Tarrant County, Texas 76052 and being Lot 20R, Block 1, Haslet Heights in the W.C. Ralf Survey, Abstract 1800 to gain
access to the property in order to conduct due diligence in an anticipation of the Information Technology Services Radio Transmit Site Project.
DISCUSSION:
The City is in the planning stage of constructing the Information Technology Services (ITS) Radio Transmit Site (Project). The Project will provide
expanded radio coverage, particularly in north Fort Worth and northwest Tarrant County. Considerable City development and expansion of City
services in this quadrant have increased the need to extend radio coverage by implementing an additional radio transmission site and tower. In
June 2022, Mayor and Council approved the interlocal agreement with Tarrant County to transfer funds towards implementing a transmitter site to
expand coverage in these areas. One of the sites being considered by the City includes property owned by Fort Worth Legacy Investments, L.P.
Records indicate that Cuisine Imports Management Inc. is the General Partner of Fort Worth Legacy Investments, L.P. Efforts to obtain permission
to enter the property in order 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 and their sub -consultants to enter the property to perform
due diligence work.
As part of the City's due diligence for the Project, the City needs a Temporary Right of Entry to perform the following:
1. Geo-technical analysis to include shovel testing and borings (backfilled upon drilling);
2. On -the -ground American Land Title Association (ALTA) boundary and topographic 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 and perform staking around the site to establish reference points for proposed
construction; 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 located near COUNCIL DISTRICT 10.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / 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
Ricardo Salazar, II 8379
Additional Information Contact: Niels Brown 5166
Lisa Alexander 2361