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Res 061-98 4/21/1998RESOLUTION N0. U -98 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT ON JACQUELINE ROAD, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls currently has a fifteen inch sewer line in the 900 block of Jacqueline Road; and WHEREAS, it has been determined that no recorded utility easement exists on the property on which the line is located. 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 the hereinafter described property located in Wichita Falls, Wichita County, Texas, to cover an existing fifteen inch sanitary sewer line. SECTION 2. The legal description of the permanent utility easement to be acquired is as follows: A 0.350 acre tract of land, more or less, out of the J. Goodwin Survey, A -83 and being out of a tract described in Volume 1539 Page 737 of the Wichita County deed records. The legal description of the temporary construction easement to be acquired is as follows: A 0.235 acre tract of land, more or less, out of the J. Goodwin Survey, A -83 and being out of the above described land. SECTION 3. The amount of just compensation for the above described tracts is $911.00. This amount is also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise the easements. SECTION 4. In the event the Property Administrator is unable to purchase the easements 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 City Attorney is hereby authorized to institute condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the Jacqueline Road sewer line. SECTION 5. 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 21s' day of April, 1998. MAY R ATTEST: