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Res 015-91 2/5/1991RESOLUTION NO. 45)41 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF TEMPORARY EASEMENTS FOR THE HOLLIDAY CREEK SEWER INTERCEPTOR LINE PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, it has been determined that the City of Wichita Falls must acquire two temporary construction and fill easements to be used in the Holliday Creek Sewer Interceptor Line Project; and, WHEREAS, the appraisals have been completed on the property and reviewed by the Property Administrator 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, THAT: SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, to serve as temporary construction and fill areas for the Holliday Creek Sewer Interceptor Line Project. SECTION 2. The legal descriptions of the twenty-four month temporary easements to be acquired are as follows: TCE #1 A 7 .61 acre tract, more or less, out of the John A. Scott Survey No. 12, Abstract 298, and being a portion of the property described in Volume 1018, Page 169 of the Wichita County deed records. TCE #2 A 17. 52 acre tract more or less, out of the John A. Scott Survey No. 11, Abstract 299, and being a portion of the property described in Volume 947, Page 419 of the Wichita County deed records. The above-described temporary easements are further described in maps prepared by Biggs and Mathews, Inc. , on December 20, 1990. SECTION 3 . The amount of just compensation for the temporary construction and fill easements to be acquired is as follows: TCE #1 $2,664. 00 TCE #2 $1,752 . 00 The above-stated 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 temporary construction and fill easements for the Holliday Creek Sewer Interceptor Line Project. PASSED AND APPROVED this the 5th day of February, 1991. 4101- 1°- A Y O ATTEST: A-6vz4J ' (- 4191-4-49 City Clerk