Res 112-2006 8/15/2006 �
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RESOLUTION NO. l a "�DOCP
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, DETERMINING THE NECESSITY FOR
ACQUISITION OF PROPERTY FOR THE TWENTY (20) INCH
BRINE DISCHARGE LINE AS PER REGULATIONS
DETERMINED BY THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY REQUIRED FOR THE CYPRESS
WATER TREATMENT PLANT OPERATIONS AND AUTHORIZING
PURCHASE OR CONDEMNATION; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls must comply with new regulations
proposed by the Environmental Protection Agency; and
WHEREAS, it has been determined that twenty-seven (27) acquisitions
must be acquired for this project, and as required by law the City will offer the fair
market value to the owners for the various right-of-ways, drainage, and utility
easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. It is necessary that the City of Wichita Falls acquire
permanent utility easements of said property being located in Wichita Falls,
Wichita County, Texas required to complete construction of the Brine Discharge
Line per regulations of the Texas Commission on Environmental Quality.
SECTION 2. The amount of just compensation to be offered to the
property owners will be the fair market value as determined by Henderson
Appraisal and Consultants, who has been employed by the City to appraise each
tract.
SECTION 3. In the event the City staff or authorized representative is
unable to purchase the parcel for the appraised value, the City Manager is
authorized to increase the offer when, in his judgment, it appears to be in the
best interest of the City to do so to save the cost of condemnation. If both parties
are unable to agree upon a value for the property, the Property Administrator will
request the City Attorney to institute condemnation proceedings to obtain such
property in the name of the City of Wichita Falls for the construction of the
Maplewood Extension Project.
SECTION 4. It is hereby officially found and determined that the meeting
at which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of August 2006.
MAYOR
ATTEST:
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City Clerk
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