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Res 195-95 11/21/1995RESOLUTION NO. I G,S - -C-i s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS TO UPGRADE SEWER LIFT STATIONS #40 AND #41, APPROVING THE APPRAISALS, 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, as a part of the 1995 -96 Utility Improvement Program, the City of Wichita Falls will upgrade Sewer Lift Stations #40 and #41; and, WHEREAS, it has been determined that two tracts of land and two temporary construction easements must be obtained 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 upgrading Sewer Lift Stations #40 and #41. SECTION 2. The legal descriptions of the tracts to be acquired in fee title are as follows: Lift Station #40 A 900 square foot tract out of Lot 1, Block 8, Woodhaven Addition, Section IV. Lift Station #41 A 2,178 square foot tract out of Lot 49, Lake View Farms Addition. The legal descriptions of the tracts to be acquired for a twelve month temporary construction easement are as follows: Lift Station #40 A 4,900 square foot tract out of Lot 1, Block 8, Woodhaven Addition, Section IV. Lift Station #41 A 3,615 square foot tract out of Lot 49, Lake View Farms Addition. The above described tracts being fully described by metes and bounds in field surveys prepared by Corlett, Probst & Boyd, Inc. on September 29, 1995. SECTION 3. The amount of just compensation for the tracts to be acquired are as follows: Lift Station #40 Fee Take $ 63.00 Temporary Construction Easement $343.00 Lift Station #41 Fee Take $152.00 Temporary Construction Easement $253.00 The amounts of just compensation are 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 the updating of Sewer Lift Stations #40 and #41. 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 21st day of November, 1995. M A Y 0 R ATTEST: a —7---`�ity Clerk