Res 071-95 5/16/1995RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR
ACQUISITION OF FLOWAGE EASEMENTS FOR THE DIVERSION
OF IRRIGATION WATER TO LAKE WICHITA 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 have been prepared by Corlett, Probst &
Boyd, Inc. to construct facilities which will transfer water
from the Lake Diversion canal systems (Water District #2) to
Lake Wichita in order to maintain the lake level at 976.0;
and,
WHEREAS, it has been determined that three flowage
easements must be acquired prior to the construction of
these facilities.
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 County and Archer County, Texas, for the Lake
Wichita Water Diversion Channel Project.
SECTION 2. The legal descriptions of the flowage
easements to be acquired are as follows:
Parcel #1 A 7.39 acre tract across Blocks 19 and
28, Denton County School Land, League 2 in Wichita
County and Archer County, Texas, and the Michael
Fanning Survey, Abstract No. 128, Archer County,
Texas.
Parcel #2 A 1.19 acre tract across Block 19,
Denton County School Land, League 2, Wichita
County, Texas.
Parcel #3 A 0.96 acre tract across a 187.93 acre
tract out of the Michael Fanning Survey, Abstract
No. 128, Archer County, Texas.
The above-described tracts being further described by
metes and bounds in field surveys prepared on April 4, 1995,
by Corlett, Probst & Boyd, Inc.
SECTION 3. The amount of just compensation for the
flowage easements to be acquired is as follows:
Parcel #1 $2,660.00
Parcel #2 1,425.00
Parcel #3 424.00
The amounts of just compensation are also the fair
market value determined by Henderson Appraisal and
Consultants, who were 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 the Lake Wichita Water
Diversion Channel Project.
SECTION 5. It is 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 thi
City Clerk
M A Y 0 R