Res 039-95 3/7/1995RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, DETERMINING THE NECESSITY
FOR ACQUISITION OF PROPERTY FOR UTILITY RELOCATION
FOR THE MCGRATH CREEK PROJECT, APPROVING THE
APPRAISALS, SETTING JUST COMPENSATION, AND
AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, it has been determined that certain parcels of
property must be acquired in order to relocate water and
sewer lines prior to the construction of the McGrath Creek
Project.
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, for the purpose of
relocating certain utility lines prior to the construction
of the McGrath Creek Project.
SECTION 2. The legal descriptions of the utility
easements to be acquired are as follows:
Parcel #1 -U. A 2,955 square foot tract
out of the J.A. Scott Survey No. 2, A -205,
being out of that certain tract owned by
the Wichita Falls Country Club.
Parcel #2 -U. A 300
of the Day Land and
No. 1, A -619.
square foot tract out
Cattle Company Survey
The legal description of the property to be acquired in
fee simple title for a sewer lift station is as follows:
Parcel #3 -U. A 1,281 square foot tract
out of Lot 2, Block 4, H -S Subdivision.
The above described tracts being further described by
metes and bounds in field surveys prepared by Corlett Probst
& Boyd, Inc.
SECTION 3. The amount of just compensation for the
property to be acquired is as follows:
Parcel #1 -U
Parcel #2 -U
Parcel #3 -U
$1,418.00
$ 120.00
$2,562.00
These amounts are also the fair market value determined
by Henderson Appraisal and Consultants, who were employed by
the City to appraise the parcels.
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 relocation of utilities
for the McGrath Creek 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 this the 7th day of March, 1995.
ATTEST:
r
City Clerk