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Home My WebLink About26-6337 - City Council - Resolution (2)A Resolution NO. 26-6337 AUTHORIZING THE CITY ATTORNEY TO FILE PETITIONS FOR TEMPORARY INJUNCTIONS AGAINST MARK AND DAWN KAMPER; JEFFREY AND JENNIFER COOPER; HAL AND DENISE COLLINS; LAUREN MOTLEY; AND JOHN D. BARBER WHEREAS, the City of Fort Worth (the "City") is in the design stage of constructing the Bonds Ranch LS A FM GM project (the "Project"). The construction of the proposed force main and gravity main connecting the sewer lines to a lift station is necessary to support planned development and utility service expansion in the Bonds Ranch area; and WHEREAS, to complete the Project, the City must access the following properties (the "Properties"), in order to conduct surveying and other due diligence work: Property Owner(s) Mark and Dawn Kamper Jeffrey and Jennifer Cooper Hal and Denise Collins Lateen Motley John D. Barber Property Address 9412 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 9406 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 9392 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 9400 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 Morris Dido Newark Road, Fort Worth, Tarrant County, Texas 76179 Legal Description West Fork Addition, Block 1, Lot 22B1 & 23D West Fork Addition, Block 1, Lot 22B2 & 23 C West Fork Addition, Block 1, Lot 23B West Fork Addition, Block 1, Lot 23A1 Bailey, Thomas T Survey, Abstract No. 154, Tract IS Tarrant Appraisal District Account No. 07355572 07355580 07355599 05628695 03762947 WHEREAS, the City has repeatedly sought to coordinate its survey and due diligence activities with the owners of the Properties, 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 Mark and Dawn Kamper, the owners of 9412 Boat Club Road; Jeffrey and Jennifer Cooper, the owners of 9406 Boat Club Road; Hal and Denise Collins, the owners of 9392 Boat Club Road; Lauren Motley, the owner of 9400 Boat Club Road; and John D. Barber, the owner of Morris Dido Newark 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.; and This resolution shall be effective from and after its passage by the City Council. Adopted this June 23, 2026. ATTEST: Jannette S. Goodall, City Secretary c�00 — a rEXA o= 0 FORT WORTH MAYOR AND COUNCIL COMMUNICATION 7.3.5 BONDS RANCH INJUNCTIONS DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0532 DEPARTMENT: LAW SUBJECT (CD 7) Adopt Attached Resolution Authorizing the City's Petitions for Injunction Seeking Temporary Rights of Entry to Conduct Due Diligence in Anticipation of the Bonds Ranch Lift Station Phase A Project Against Mark and Dawn Kamper, Owners of the Property Located at 9412 Boat Club Road; Jeffrey and Jennifer Cooper, Owners of the Property Located at 9406 Boat Club Road; Hal and Denise Collins, Owners of the Property Located at 9392 Boat Club Road; Lauren Motley, Owner of the Property Located at 9400 Boat Club Road; and John D. Barber, Owner of the Property Located at Morris Dido Newark Road in the Bailey, Thomas T Survey, Abstract No. 154, Tract 1S, All in Fort Worth, Tarrant County, Texas RECOMMENDATION It is recommended that the City Council authorize the City Attorney to petition for injunctions against Mark and Dawn Kamper, owners of the property located at 9412 Boat Club Road; Jeffrey and Jennifer Cooper, owners of the property located at 9406 Boat Club Road; Hal and Denise Collins, owners of the property located at 9392 Boat Club Road; Lauren Motley, owner of the property located at 9400 Boat Club Road; and John D. Barber, owner of the property located at Morris Dido Newark Road in the Bailey, Thomas T Survey, Abstract No. 154, Tract 1S, all in Fort Worth, Tarrant County, Texas, to gain access to the properties in order to conduct due diligence necessary for the Bonds Ranch Lift Station Phase A project (City Project No. 104490). DISCUSSION Approval of this Mayor & Council Communication (M&C) would authorize the City Attorney to file petitions for injunctions against Mark and Dawn Kamper, owners of the property located at 9412 Boat Club Road; Jeffrey and Jennifer Cooper, owners of the property located at 9406 Boat Club Road; Hal and Denise Collins, owners of the property located at 9392 Boat Club Road; Lauren Motley, owner of the property located at 9400 Boat Club Road; and John D. Barber, owner of the property located at Morris Dido Newark Road in the Bailey, Thomas T Survey, Abstract No. 154, Tract 1S, all in Fort Worth, Tarrant County, Texas, to gain access to the properties in order to conduct due diligence necessary for the Bonds Ranch LS(A)/FM/GM 1of3 FORT WORTH project (Project). The City is requesting right of entry to these five properties located off Boat Club Road to conduct survey and environmental assessments for a proposed force main and gravity main that would connect to La Frontera Lift Station. The proposed lines will be installed to support upcoming development in the Bonds Ranch area and are part of a series of improvements to extend service to the area. Efforts to obtain permission to enter the Properties to perform due diligence work have been unsuccessful. Therefore, staff seeks Council authority to file suit to obtain temporary injunctions to allow employees of the City of Fort Worth, registered contractors, consultants, and their sub - consultants to enter the Properties 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. On -the -ground survey and appraisal; 2. Environmental jurisdiction determination to identify open waters or wetlands; 3. 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; 4. Subsurface utility exploration to include Quality Level A Test Holes; 5. In -situ soil resistivity testing to identify soil resistivity along the proposed alignment; and 6. General site observation. Accordingly, it is recommended that the City Council adopt the attached resolution authorizing the filing of the Petitions for Injunction in Tarrant County, Texas. Funding for the anticipated court fees of $5,000.00 is budgeted in the W&S Rev Bonds Series 2024 Fund for the Bonds Ranch LS(A)/FM/GM project. This property is near COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL IN FOR MATION/CERTIFICATION The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the W&S Rev Bonds Series 2024 Fund for the Bonds Ranch LS(A)/FM/GM project to support the approval of the above recommendation and petitions for injunctions. Prior to an expense being incurred, the Water Department has the responsibility to validate the availability of funds. 2 of 3 FORT WORTH SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Jesica L. McEachern, # 5804 Leann Guzman, # 8973 Brooke Hubbard, # 7266 1. Resolution- Bonds Ranch Injunctions [7.3.5.1 - 2 pages] 2. CONFIDENTIAL REDACTED - M& C Funds Availibility [7.3.5.2 - 1 page] 3. CONFIDENTIAL REDACTED - FID TABLE (3) [7.3.5.4 -1 page] 3of3