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Res 180-93 12/7/1993RESOLUTION NO. rg )"C1.13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE II OF THE NORTH DRAINAGE BASIN SANITARY SEWER PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, 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, it has been determined that the City of Wichita Falls must acquire certain utility easements and temporary construction easements for the installation of a sanitary sewer line for Phase II of the North Drainage Basin Project, which will allow for the flow of raw sewage from Sheppard Air Force Base to the River Road Wastewater Treatment Plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. It is necessary CitythattheCit of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the North Drainage Basin Sanitary Sewer Project. SECTION 2 . The legal descriptions of the permanent utility easements to be acquired are as follows: Par. #10 A 0.22 acre tract out of Block 12 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision, of part of the Thomas Curry and William Anglin Surveys. Par. #13 A 0.24 acre tract out of Block 13 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #16 A 0. 25 acre tract out of Block 18 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #19 A 0. 31 acre tract out of the M. Carbajal Survey, Abstract 44 . Par. #22 A 0. 12 acre tract out of the M. Carbajal Survey, Abstract 44. Par. #26 A 0.49 acre tract out of the S. L. B. Jasper Survey, Abstract 168. Par. #28 A 0. 12 acre tract out of Lot 1, American Petrofina Subdivision. Par. #30 A 0. 52 acre tract out of the S. L. B. Jasper Survey, Abstract 168. The legal descriptions of the fourteen (14) month temporary construction easements to be acquired are as follows: Par. #11 TCE A 0. 07 acre tract out of Block 12, re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #12 TCE A 0. 07 acre tract out of Block 12, re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #14 TCE A 0. 08 acre tract out of Block 13, re-subdivision of the F. M. McKinley and T. P. Simmons Subdivision. Par. #15 TCE A 0. 08 acre tract out of Block 13 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #17 TCE A 0. 08 acre tract out of Block 18 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #18 TCE A 0. 08 acre tract out of Block 18 of the re-subdivision plat of the F. M. McKinley and T. P. Simmons Subdivision. Par. #20 TCE A 0. 09 acre tract out of the M. Carbajal Survey, Abstract 44. Par. #21 TCE A 0. 10 acre tract out of the M. Carbajal Survey, Abstract 44. Par. #23 TCE A 0.04 acre tract out of the M. Carbajal Survey, Abstract 44. Par. #25 TCE A 0. 06 acre tract out of the M. Carbajal Survey, Abstract 44 . Par. #27 TCE A 0. 12 acre tract out of the M. Carbajal Survey, Abstract 44 . Par. #29 TCE A 0. 08 acre tract out of the M. Carbajal Survey, Abstract 44 . Par. #31 TCE A 0. 15 acre tract out of the M. Carbajal Survey, Abstract 44 . The above-listed permanent and temporary easements are fully described by metes and bounds in field surveys prepared by Biggs Mathews, Inc. , in April 1992 . SECTION 3 . The amount of just compensation for the permanent utility easements to be acquired is as follows: Par. #10 $264. 00 24 $317. 00 13 288. 00 26 470. 00 16 300. 00 28 115. 00 19 298. 00 30 499. 00 22 144 . 00 The amount of just compensation for the temporary construction easements to be acquired is as follows: Par. #11 TCE $11. 00 21 TCE $11.00 12 TCE 11.00 23 TCE 6. 00 14 TCE 12. 00 25 TCE 40. 00 15 TCE 12. 00 27 TCE 14. 00 17 TCE 12.00 29 TCE 10. 00 18 TCE 12. 00 31 TCE 18. 00 20 TCE 11. 00 These amounts of just compensation are also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise the tracts. 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 North Drainage Basin Sanitary Sewer 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 December, 1993 . M A O R ATTEST: 1 L(k) J l ,A ity Clerk