Res 090-90 5/15/1990RESOLUTION NO. 90-90
RESOLUTION DETERMINING NECESSITY FOR
ACQUISITION OF A UTILITY EASEMENT FOR PHASE
III OF THE HOLLIDAY CREEK/LAKE WICHITA DAM
PROJECT, APPROVING THE APPRAISAL, SETTING
JUST COMPENSATION, AND AUTHORIZING PURCHASE
OR CONDEMNATION.
WHEREAS, a permanent utility easement must be acquired on
St. Clair Avenue in order to allow the relocation of a sewer line
prior to the construction of the new dam at Lake Wichita and
Phase III of the Holliday Creek Project; and,
WHEREAS, the appraisal has been completed on this parcel,
and said appraisal has been reviewed by the Property
Administrator and is 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
County, Texas for the purpose of relocating public utilities for
Phase III of the Holliday Creek/Lake Wichita Dam Project.
SECTION 2. The legal description of the permanent utility
easement to be acquired is as follows:
Parcel #104 S
A 0.02 acre tract out of Lot 2, E. H. Metcalf
Subdivision of the J. A. Scott Survey No. 6,
Abstract 301, as fully described by metes and
bounds from a field survey prepared by
Corlett, Probst & Boyd, Inc. , on April 17,
1990.
SECTION 3 . The amount of just compensation for the above
described easement to be acquired is $356. 00. This amount is
also the fair market value determined by Henderson Appraisal and
Consultants, who were employed by the City to appraise the tract.
The Property Administrator is hereby authorized to acquire a
permanent utility easement on Parcel #104 S as 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/Lake Wichita Dam Project.
PASSED AND APPROVED this the 15th day of May, 1990.
M A Y O R
ATTEST:
City lerk