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02-96-Resolution-Supporting Upper Trinity Regional Water District to Acquire property for Improvements-05/06/1996CITY OF $ANGER RESOLUTION # R02-96 A RESOLUTION CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REGIONAL TREATED WATER PROJECT. WHEREAS, the Upper Trinity Regional Water District (the District) was created pursuant to H.B. # 3112 (the Act) passed by the 71st Legislature in Regular Session 1989, and WHEREAS, the Act authorizes the District to exercise the power of eminent domain in a municipality in Denton County upon receipt of___. prior consent of the municipality as evidenced by a written resolution; and WHEREAS, the City of Sanger is a member of the District, is represented on the Board of Directors of the District and will receive water from the project; and WHEREAS, on January 4, 1996 the District's Board of Directors approved the alignment of Phase 1C, a water transmission line to supply the City of Sanger pursuant to agreements with the Cities of Sanger and Denton; and WHEREAS, the Project requires the Districtto acquire land, easements, rights -of -way and property and improvements within the City of Sanger's boundaries; and WHEREAS, the City of Sanger is agreeable t the power of eminent domain within the obtain the required land, easements, property to carry out the Project. o the District exercising City, if necessary, to rights -of -way and other Page 2 Resolution - Eminent Domain City of Sanger NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANDER: SECTION 1. That 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. That the City of Sanger does hereby give its consent to the Upper Trinity Regional Water District to exercise its power of eminent domain within the City limits to obtain the necessary land, easements, rights -of -way and other property and improvements to carry out the referenced portion of the Regional Treated Water Project in accordance with the pipeline alignment recommended by Alan Plummer Associates, Inc. and approved by the District•Board of Directors on January 4, 1996_generally as indicated on Exhibit "A"._______ SECTION 3. That this Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED THIS 6th DAY OF May, 1996 Rosalie Chavez, City of Sanger Attachment: Secretary Exhibit "A" Net Armstrong, Mayo City of Sanger