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Res 027-96 3/5/1996RESOLUTION NO. a,`I-C1 IO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR THE ACQUISITION OF PROPERTY FOR PHASE I OF THE SEWER REHABILITATION IMPROVEMENTS PROGRAM AND THE SOUTHWEST SEWER INTERCEPTOR RELIEF PROJECT, 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, plans of the sewerlapsareunderwayIforPhaseo rehabilitation improvements program which will provide for the construction of a new force main in the southwest sector of the city and for the construction of a new sanitary lift station; and WHEREAS, the consulting engineers have identified two utility easements and a 0 . 83 acre tract to be acquired in fee title for this project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS : SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the purpose of constructing a new sanitary sewer force main and a lift station. SECTION 2 . The legal descriptions of the utility easements to be acquired are as follows : Tract A A 0 . 42 acre tract out of Block 19, League 1, Denton County School Land, Abstract 58 . Tract B A 0 . 35 acre tract out of Block 19, League 1, Denton County School Land, Abstract 58 . The legal description of the property to be acquired in fee title for the lift station is as follows : A 0 . 83 acre tract out of Block 19, League 1, Denton County School Land, Abstract 58 . The above described tracts are further described in metes and bounds by field surveys prepared by Biggs & Mathews Inc . on February 7, 1996 . 1 SECTION 3 . The amount of just compensation for the tracts to be acquired is a follows : Tract A $2 , 744 . 00 Fee Take $9, 039 . 00 Tract B $2 , 287 . 00 The just compensation is also the fair market value determined by Crossland Appraisal Company, who was employed by the City to appraise the tracts . SECTION 4 . 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 Phase I of the Sewer Rehabilitation Improvements Program and the Southwest Sewer Interceptor Project. 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 5th day of March, , 996 . M A 0 R ATTEST: 0 City Clerk