A petition or statement in condemnation shall thereafter be filed with the judge of the county court at law of Tarrant and/or Parker County, respectively, setting forth the intent of the city to take by eminent domain the full, undivided fee simple interest in the property, alleging the inability of the city and the utility to reach an agreement as to the value of the property and the rights involved, describing the physical properties, easements, franchises and other tangible and intangible properties and rights to be condemned, stating the purpose for which the property is to be used, and stating the names of the owners and interested parties in all of the properties. This same petition in condemnation shall request the judge of the county court at law to appoint three commissioners who satisfy all statutory requirements and who, in addition, are knowledgeable of the values of such types of utilities as going concerns and the values of the physical properties and facilities, easements, franchises, and tangible and intangible rights involved in such condemnation. Such commissioners shall be instructed by the judge to consider all relevant factors and evidence as to the value of the physical properties and facilities being condemned as well as the value of the easements, franchises, and other tangible and intangible properties and rights so as to determine the fair value of such portions of the utility as are being taken as a going concern and to determine the damages, if any, which may be sustained by the utility because of such taking. The relevant factors and evidence to be considered by these commissioners shall not be limited to the value of the physical properties and easements.
(2001 Code, sec. 1.1003; Ordinance adopting Code)