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Res 196-89 12/19/1989RESOLUTION NO. 196-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, approximately fifty parcels of property have been designated for acquisition in order to provide drainage and utility right-of-way for Phase III of the Holliday Creek Project; and, WHEREAS, the appraisals have been completed on five 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 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 #78 A 0.73 acre tract out of Block 7, Irrigation Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on October 20, 1989. Parcel #80 A 1.70 acre tract out of the J. A. Scott Survey No. 7, Abstract 295, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on October 20, 1989. Parcel #81 A 1. 16 acre tract out of the J. A. Scott Survey No. 7, Abstract 295 , as fully described by metes and bounds in a field survey prepared by Bigs & Mathews, Inc. , on October 19, 1989. Parcel 184 A 2. 90 acre tract out of Block 1, Reeves Subdivision, J. A. Scott Survey No. 6, Abstract 301, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on November 2, 1989. Parcel #85 A 0.06 acre tract out of the J. A. Scott Survey No. 7, Abstract 295, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on October 20, 1989. SECTION 3 . The amount of just compensation for the drainage and utility easements is to be set as follows: Parcel #78 1,159. 00 84 21,035.00 80 2,720. 00 85 758. 00 81 1,392. 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 78, #80, #81, #84, and #85 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 a drainage channel for the Holliday Creek Project. PASSED AND APPROVED this the 19th day of December, 1989. M A Y O R ATTEST: Ai xe) i. 42d.d City C erk