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Res 069-94 5/3/1994RESOLUTION NO. (; ;?- 9.!// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT IN WESTMORELAND PARK, APPROVING THE APPRAISAL, 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 a portion of the six- inch water line serving the Westmoreland Park Addition was apparently located in error and not in accordance with the developer's plan; and, WHEREAS, the Public Utilities Division has requested that a utility easement be obtained to cover the actual location of the line. 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 a utility easement on the hereinafter described property located in Wichita Falls, Wichita County, Texas, to cover the actual location of the six-inch water line. SECTION 2 . The legal description of the tract to be acquired is as follows: A 1, 107 square foot tract, more or less, out of Lot 1-A, Block 120, Westmoreland Park Addition, Wichita Falls, Texas. SECTION 3 . The amount of just compensation for the utility easement to be acquired is $554.00. This amount is the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise the tract. 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 in Block 120 of Westmoreland Park Addition. 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 3rd day of May, 1994. M A Y OR ATTEST: A. U-d ity Clerk