Res 076-91 5/7/1991RESOLUTION NO. / -- V
RESOLUTION DETERMINING NECESSITY FOR
ACQUISITION OF PROPERTY FOR DAM AND SPILLWAY
IMPROVEMENTS AT LAKE DIVERSION, APPROVING THE
APPRAISALS, SETTING JUST COMPENSATION, AND
AUTHORIZING PURCHASE OR CONDEMNATION.
WHEREAS, the City of Wichita Falls and Wichita County Water
Improvement District #2 are co-owners of the Diversion Reservoir
and Canal System; and,
WHEREAS, certain improvements are required to the dam and
spillway of the Diversion Reservoir so that the facility will
meet the standards of the Texas Water Commission and National Dam
Safety Program; and,
WHEREAS, the City and the Water District have entered into a
contract to define the sharing of costs for the improvement
project; and,
WHEREAS, Biggs & Mathews, Inc. , have been engaged to provide
the engineering design of the required improvements; and,
WHEREAS, it has been determined by the plans prepared by the
engineers that two tracts of land must be acquired in order to
perform these improvements; and,
WHEREAS, appraisals have been made on these tracts 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
and Wichita County Water Improvement District #2 acquire the
hereinafter described property located at Lake Diversion, Archer
County, Texas, for the Lake Diversion Dam and Spillway
Improvement Project.
SECTION 2 . The legal description of the property to be
acquired in fee title is as follows:
A 41 . 92 acre tract out of a 6, 404. 61 acre
tract out of the M. B. Lamar Survey, as
described by metes and bounds in a field
survey prepared by Biggs & Mathews, Inc. , on
April 2 , 1991.
T
The legal description of the property to be acquired by an
easement for public improvements is as follows:
A 2. 08 acre tract out of a 94. 24 acre tract
known as the Dundee Fish Hatchery, Archer
County, Texas, as described by metes and
bounds in a field survey prepared by Biggs &
Mathews, Inc. , on April 2, 1991.
SECTION 3 . The amount of just compensation for the tract to
be acquired in fee title is $11, 528. 00, and the permanent
easement is $624. 00 . Of these amounts, the City of Wichita Falls
is responsible for paying $8,033 .69, and Wichita County Water
District #2 is responsible for $4,118. 31 . The amounts of just
compensation are also the fair market value determined by
Henderson Appraisal and Consultants, who were employed to
appraise these 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 and
the Water District 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 and Wichita County Water Improvement District #2
for the Lake Diversion Dam and Spillway Improvement Project.
PASSED AND APPROVED this the 7th day of May, 1991.
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M A O R
ATTEST:
Atin4AL4101-1.40L
City Clerk