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Res 167-93 11/2/1993RESOLUTION NO. , (Q q . q3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY AT THE SANITARY LANDFILL; APPROVING THE APPRAISAL; AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, in the 1993-94 budget, funds were approved in the Sanitation Fund to acquire 149.98 acres of land currently leased by the City for sanitary landfill purposes; and, WHEREAS, said property has now been appraised, and the appraisal has been reviewed by the Property Administrator and is now on file in the Property Management Office. 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 County, Texas, for the purpose of operating a sanitary landfill. SECTION 2 . The legal description of the property to be acquired in fee simple title is as follows: Tract 2 An 84.44 acre tract out of Block 12, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241. Tract 4 A 28.45 acre tract out of Block 9, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241. Tract 6 A 37.09 acre tract out of Block 11, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241. SECTION 3 . The amount of just compensation for the above- described property is to be set at $52,493 . 00. This amount is also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise the tracts. The Property Administrator is hereby authorized to acquire fee simple title to the above-described property in the name of the City of Wichita Falls. 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 operation of a sanitary landfill. 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 2nd day of November, 1993 . L M A d O ATTEST: O a) I t ClerkY