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Res 058-93 4/6/1993RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFWICHITAFALLSDETERMININGNECESSITYFORACQUISITION OF A UTILITY EASEMENT IN BLOCK 2 OF SPICER ADDITION,APPROVING THE APPRAISAL, SETTING JUST COMPENSATION,AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDINGANDDETERMININGTHATTHEMEETINGATWHICHTHISRESOLUTIONWASPASSEDWASOPENTOTHEPUBLICASREQUIREDBYLAW. WHEREAS, it has been determined that the City of WichitaFallsneedstorelocateanold1-1" galvanized water main inthe4700blockoftheOldJacksboroHighway; and, WHEREAS, a title search of the area shows that a utilityeasementwasplattedinBlock2ofSpicerAdditionexceptontheSouth120feet; and, WHEREAS, the Public Utilities Department has requested that a utility easement be obtained on this property so thatworkcanproceedonthisproject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITYOFWICHITAFALLS, TEXAS: 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, forthepurposeofrelocatingawatermain. SECTION 2. The legal descriptions of the utilityeasementtobeacquiredisasfollows: A 15 foot wide easement out of Lot 3, Block 2, W. H. Spicer Addition, as fullydescribedbymetesandboundsinafield survey prepared by Corlett, Probst & Boyd, Inc. , on March 4, 1993. SECTION 3. The amount of just compensation for the utility easement to be acquired is $288.00. This amount is also the fair market value determined by Henderson AppraisalandConsultants, who were employed by the City to appraise thetract. SECTION 4. In the event the Property Administrator is unable to purchase the parcel for the appraised value, the City Manager is authorized to increase the offer when, in hisjudgment, it appears to be in the best interest of the City todosotosavethecostofcondemnation. 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 inBlock2ofW. E. Spicer 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 6th day of April, 1993 . M A Y O ATTEST: City Clerk