Res 164-92 10/20/1992RESOLUTION NO. /( -j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS DETERMINING NECESSITY FOR DRAINAGE
IMPROVEMENTS FOR PHASE II OF THE FM 369 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, certain parcels have been designated for
acquisition to provide drainage improvements for Phase II of
the FM 369 Project; and,
WHEREAS, the appraisals have been completed on the five
easements required for this project, and said appraisals 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
providing necessary drainage improvements for Phase II of the
FM 369 Project.
SECTION 2 . The legal descriptions of the drainage
easements to be acquired are as follows:
Tract 4 A 0. 328 acre tract, more or less, out of a 5.00
acre tract in Block 11, Denton County School
Lands, as described in Volume 881, Page 75 of
the Wichita County deed records.
Tract 5 A 0. 329 acre tract, more or less, out of a 5. 00
acre tract in Block 11, Denton County School
Lands, as described in Volume 1092 , Page 705 of
the Wichita County deed records.
Tract 6 A 0. 321 acre tract, more or less, out of a 5. 00
acre tract in Block 11, Denton County School
Lands, as described in Volume 1107, Page 336 of
the Wichita County deed records.
Tract 5 A 0.786 acre tract, more or less, out of a 5. 00
acre tract in Block 11, Denton County School
Lands, as described in Volume 884, Page 552 of
the Wichita County deed records.
The legal description of the 12 month temporary
construction easement to be acquired is as follows:
Tract 4 (TCE) A 0. 163 acre tract, more or less, out of a
5. 00 acre tract in Block 11, Denton County
School Lands, as described in Volume 881,
Page 75 of the Wichita County deed
records.
The above-described tracts are fully described by metes
and bounds in surveys on file in the Public Works Department
of the City of Wichita Falls.
SECTION 3 . The amount of just compensation for the
above-described tracts is as follows:
Tract 4 $1, 050. 00 Tract 6 $1, 027 . 00 Tract 4 (TCE) $65. 00
Tract 5 $1, 053 . 00 Tract 7 $2 ,515. 00
These amounts are also the fair market value determined
by Henderson Appraisal and Consultants, who were employed by
the City to appraise these tracts. The Property Administrator
is hereby authorized to acquire drainage easements on Tracts
4, #5, #6, and #7 described above in the name of the City of
Wichita Falls, and a temporary construction easement on Tract
4 (TCE) .
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 Phase II of the FM 369 Drainage 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.
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PASSED AND APPROVED this the 20th day of October, 1992 .
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ATTEST:
1i lL !421141),-71-41-j
City Clerk