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Res 026-98 3/3/1998RESOLUTION NO. ­Z'% A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF RIGHT -OF -WAY FOR THE 1 -44 /US 287 ELEVATED PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, 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 Texas Department of Transportation is preparing for the 1 -44 /US 287 Elevated Project; and WHEREAS, the plans for this project show that right -of -way must be acquired on the properties at 1209 Sixth Street and 600 Burnett; and WHEREAS, the City of Wichita Falls is proposing to acquire both tracts in their entirety in order to allow flexibility with future traffic congestion on Sixth Street when traffic is terminated on Burnett and /or Bluff Streets. 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 fee simple title to the following tracts for the 1 -44 /US 287 Elevated Project: PARCEL # 17. Lots 13 and 14, Block 146, Original Townsite, a /k/a 1209 Sixth Street. PARCEL # 18. Lots 1 and 2, Block 146, Original Townsite, a /k/a 600 Burnett Street. SECTION 2. The amount of just compensation for the above described parcels will be the appraised value determined by Henderson Appraisal and Consultants, who were employed by TXDOT to appraise the tracts. SECTION 3. In the event the Property Administrator is unable to purchase the parcels 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 1 -44 /US 287 Elevated 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 3 d of March, 1998. ATTEST: � 1 City Clerk MAYO