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Res 167-89 10/3/1989RESOLUTION NO. 167-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN WINDCHIME ADDITION, 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 utility easements for the existing sewer line in Block 3 of Windchime Addition; and, WHEREAS, appraisals have been completed on the two tracts 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 accommodating the sewer line in Block 3 of Windchime Addition, Section 1. SECTION 2. The legal descriptions of the utility easements to be acquired are as follows: Parcel #W-1 A 528. 8 square foot tract out of Lot 1, Block 3, Windchime Addition, Section 1. Parcel #W-2 A 401. 5 square foot tract out of Lot 2, Block 3, Windchime Addition, Section 1. The above described tracts being further described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , in January, 1989. SECTION 3 . The amount of just compensation for the utility easements to be acquired is as follows: Parcel #W-1 143 . 00 W-2 109.00 These amounts 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 utility lines in Windchime Addition, Section 1. PASSED AND APPROVED this the 3rd day of October, 1989. Q M A Y O R ATTEST: City erk