Res 203-94 12/20/1994RESOLUTION NO. J]
A RESOLUTION OF THE CITY COUNCIL JOF THE CITY OF
WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR
ACQUISITION OF A UTILITY EASEMENT ON THE KELL ACCESS
ROAD, 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, it has been determined that a defective sewer line
must be replaced which currently runs under Kell Boulevard; and,
WHEREAS, the Public Utilities Division has requested that
the necessary easements be obtained to install the line on an
adjacent vacant tract of land.
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 replacing a
defective sewer line.
SECTION 2. The legal description of the permanent utility
easement to be acquired is as follows:
A 0. 021 acre tract of land, more or less, out
of a 2. 67 acre tract in Blocks 119 and 164 of
the Highland Addition, being described as the
Third Parcel in the deed recorded in Volume
1366, Page 684 of the Wichita County Deed
Records.
The legal descriptions of the twelve month temporary
construction easements to be acquired are as follows:
A 0.236 acre tract and a 0.050 acre tract,
both being out of a 2 .67 acre tract in Blocks
119 and 164 of the Highland Addition.
SECTION 3 .The amount of just compensation for the
permanent utility easement to be acquired is $1, 647.00, and the
total just compensation for the temporary construction easements
is $1,402 . 00. These amounts are also the fair market value
determined by Henderson Appraisal and Consultants, who were
employed by the City to appraise the tracts.
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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
acquisition of a utility easement for the acquisition of a
permanent utility easement and temporary construction easements
on Kell Boulevard.
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 20th day December, 1994.
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M A Y O
ATTEST:
1) fufzu- Pot&
City Clerk