Res 018-90 2/6/1990RESOLUTION NO. 18 -90
RESOLUTION DETERMINING NECESSITY FOR
ACQUISITION OF DRAINAGE AND UTILITY EASEMENTS
FOR PHASE III OF THE HOLLIDAY CREEK PROJECT,
APPROVING THE APPRAISALS, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION.
WHEREAS, certain parcels have been designated by the Corps
of Engineers for acquisition in order to provide drainage and
utility right -of -way for the realignment of Holliday Creek; and,
WHEREAS, the appraisals have been completed on two parcels,
and such appraisals have been 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, for the purpose of providing
adequate right -of -way for drainage and utilities in Phase III of
the Holliday Creek Project.
SECTION 2. The legal descriptions of the drainage and
utility easements to be acquired are as follows:
Parcel #77
Tract I An 11.60 acre tract out of the J.
A. Scott Survey No. 7, A -295, less 7.58 acres
which were previously conveyed to the City
and recorded in Volume 1421, Page 518 of the
Wichita County deed records.
Tract II An 11.13 acre tract out of the J.
A. Scott Survey No. 7, A -295.
Parcel #79
Tract I A 3.76 acre tract out of the J. A.
Scott Survey No. 7, A --295.
Tract II A .12 acre tract out of the J. A.
Scott Survey No. 7, A -295.
Parcels 477 and 479 being fully described by
metes and bounds from a field survey prepared
by Biggs & Mathews, Inc., in November, 1989.
SECTION 3. The amount of just compensation for the drainage
and utility easements to be acquired is to be set as follows:
Parcel #77
Parcel #79
$9,030.00
$2,328.00
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 City Manager is hereby
authorized to acquire drainage and utility easements on Parcels
#77 and #79 described above in the name of the City of Wichita
Falls.
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
Holliday Creek Channel Improvement Project.
PASSED AND APPROVED this the 6th day of February, 1990.
M A Y CY R
ATTEST:
City Clerk