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Res 093-92 6/2/1992t 1 RESOLUTION NO. V-w/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS TO UPGRADE SEWER LIFT STATION #38 AND #39, 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, as a part of the 1991-92 Utility Improvement Program, the City of Wichita Falls will update Sewer Lift Stations #38 and 439; and, WHEREAS, it has been determined that certain utility easements must be obtained for these projects; and, WHEREAS, appraisals have been completed on the easements and are 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 Falls, Wichita County, Texas, for the purpose of upgrading Sewer Lift Stations #38 and #39. SECTION 2. The legal descriptions of the easements to be acquired are as follows: Lift Station #38 A 0.09 acre tract out of the Wichita Falls Independent School District Addition. Lift Station 439 Tract I A 002 acre tract out of the W. E. Lane Survey, Abstract 770. Tract II A 0. 04 acre tract out of the W. E. Lane Survey, Abstract 770. The above-described easements being fully described by metes and bounds in field surveys prepared by Corlett, Probst & Boyd, Inc. SECTION 3 . The amount of just compensation for the utility easements to be acquired is as follows: Lift Station #38 No compensation will be paid for the 0.09 acre easement, as a 0. 10 acre existing easement will be abandoned, thereby returning a tract to the owner grater than the taking. Lift Station #39 ( 0.06 acres total) $60. 00 The 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 updating of Sewer Lift Stations #38 and #39. 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 June, 1992. M A Y O ATTEST: 4;el;en,tx, 44-ints, City Clerk