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HomeMy WebLinkAboutR2006-040S:\Our Documents\Resolutions\06\Emineot Domain Resolution.doc RESOLUTION NO. kail-7- -0(k A RESOLUTION CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN IN THE CITY OF DENTON BY THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE SHADY SHORES ROAD TREATED WATER PIPELINE REPLACEMENT PROJECT. WHEREAS, the Upper Trinity Regional Water District (the District) was created pursuant to H.B. # 3112 (the Act) passed by the 71 st Legislature in Regular Session 1989; and WHEREAS, the Act, as amended, authorizes the District to exercise the power of eminent domain in a member City of the District upon receipt of prior consent of the member City as evidenced by a written resolution; and WHEREAS, the District's Board ofDirectors has approved the general alignment and general location for the Shady Shores Water Pipeline Replacement project as designed by Corollo Engineers, and as indicated on the Location map (Exhibit "A") and the easement right-of-way strip map Exhibit "B"), both attached hereto and made a part hereof, and WHEREAS, the Project may require the District to acquire land, easements, rights-of-way and property and improvements within the City of Denton's boundaries; and WHEREAS, the existing pipeline has deteriorated to a critical condition and its replacement is imperative to the Public's safety, health and welfare; and WHEREAS, the City of Denton is agreeable to the District exercising its power of eminent domain within the City, if necessary, to obtain the reouired land, easements, rights-of-way and other property to carry out the Project. NOW THEREFOIZ.E THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. All matters stated in the Preamble are found to be true and correct and are hereby incorporated into the body of this Resolution as if copied in their entirety. SECTION 2. The City of Denton does hereby give its consent to the District to exercise the District's power of eminent domain within the lioundaries of the City pursuant to the Act as amended to obtain the necessary land, easements, rights-of-way and other property and improvements to carry out its Shady Shores Pipeline Replacement Project generally in accordance with the general alignment and locations indicated approximately on the attached R.O.W. map (Exhibit "A"). SECTION 3. This Resolution shall become effective immediately upon its passage and approval. EXHIBIT A acv ca i r" Fd5G6B~alN r[lri [sr i `i,t'„W ARM MEMwe4?+~ ~~:~f 6~~ R L ~Q nil _yn . 1EnYl;;CLU Z 1 y CIITY OF DENTON~~~''~p i• b Z u j @}~,^S ~ r r y l fit" ' f c.. a RE I k PROPOSED UTRWD y r v ^ `WATER LINE 1. ORINTH CITY LIMIT LINE A>~• T ~f~55 CITY;OF=,CORIZIM6 i~}L p t r t stn y LOCATION MAP ExNiB(T F3 Rl4NT of-(afAY STRte mo roll.: lrENrrM(- tNER.V{£1~~ c g~c S 3 i~9 9 f 1t5 9 9 ifs ~ E 9 'ii ~ a y 2,~ e j NiseEJ!li 1 g A4 I