Res 137-97 9/16/1997RESOLUTION NO. /j7-q7
RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF
PROPERTY FOR THE PLUM CREEK FLOOD PROTECTION PROJECT
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, on August 20, 1996, the City Council passed a resolution which
approved the project cooperation agreement with the U.S. Army Corps of Engineers for
the Plum Creek Local Flood Protection Project; and
WHEREAS, Biggs & Mathews, Inc. has been retained by the City to survey the
various tracts designated by the Corps to be acquired for this project, and Henderson
Appraisal and Consultants has been retained to determine the fair market value to be
offered to the property owners.
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 property
designated on the attached right-of-way map prepared by the U.S. Army Corps of
Engineers. Said property is located in Wichita Falls, Wichita County, Texas, and is
required for the Plum Creek Flood Protection Project.
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 will be employed by the City to appraise each tract.
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 Plum Creek
Flood Protection 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 16th day of September, 1997.
ATTEST:
City Clerk
MAYO
M
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Agenda Item No.5i,
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