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Res 124-90 7/17/1990RESOLUTION NO. /014-V RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, the appraisals have now been completed on seven additional parcels of property for Phase III of the Holliday Creek/Lake Wichita Dam Project, 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, and Lakeside City, Archer County, Texas, for the purpose of providing public improvements and temporary construction areas for Phase III of the Holliday Creek Project. SECTION 2. The legal descriptions of the parcels to be acquired in fee title are as follows: PARCEL #133 LW A 1.33 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. PARCEL #134 LW A 1.53 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. PARCEL #135 LW A 1. 23 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. The above described tracts being fully described by metes and bounds in field surveys prepared by Biggs & Mathews, Inc. , on June 18 and 19, 1990. The legal descriptions of the 36 month temporary construction easements to be acquired are as follows: PARCEL #79 TCE A 0. 98 acre tract out of the John A. Scott Survey No. 7 and the D.L. & C. Co. Survey, A-613 , Wichita County, Texas. PARCEL #133 TCE A 0. 016 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. PARCEL #134 TCE A 0. 17 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. PARCEL #135 TCE A 0.44 acre tract out of the Harvey Cox Survey No. 15, A-67, Archer County, Texas. The above described tracts being fully described by metes and bounds in field surveys prepared by Biggs & Mathews, Inc. , on June 18 and 19, 1990. SECTION 3 . The amount of just compensation for the above described parcels is to be set as follows: 133 LW $2, 567. 00 79 TCE $174. 00 135 TCE $66. 00 134 LW $3 ,417 . 00 133 TCE $ 2. 00 135 LW $2,340 . 00 134 TCE $ 26. 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 fee simple title to three parcels described above and thirty-six month temporary construction easements to four parcels 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 Phase III of the Holliday Creek Project. PASSED AND APPROVED this the 17th day of July, 1990. c M A Y O R ATTEST: City Clerk