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Res 089-94 6/7/1994RESOLUTION NO. yet 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT FOR THE MPEC NORTH WATER RELOCATION PROJECT; 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 fifteen foot wide utility easement must be acquired on the southwest corner of the property located at 200 North Scott Street for the MPEC North Water Relocation 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 a utility easement on the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the MPEC North Water Relocation Project. SECTION 2. 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. SECTION 2.The legal description of the tract to be acquired is as follows: A 2,440.5 square foot tract out of Lot 17-A, Block I-1, R.E. Montgomery Subdivision, as further described by metes and bounds in field notes prepared by Corlett, Probst & Boyd, Inc. , on May 10, 1994. SECTION 3 . The amount of just compensation for the utility easement is $976.00. 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 for the MPEC North Water Relocation Project. 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 7th day of June, 1994. 11;) l7/ A Y O ATTEST: GO 6Q qty Cler