Res 104-88 5/17/1988RESOLUTION NO. Clz ,fd
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF PARCELS #36, ##37, #41, AND #42 FOR THE HOLLIDAY
CREEK PROJECT, APPROVING THE APPRAISALS, SETTING
JUST COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION.
WHEREAS, certain parcels of property have been designated
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 four
additional 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 II of
the Holliday Creek Project.
SECTION 2. The legal descriptions of the drainage and
utility easements to be acquired are as follows:
Parcel #36
A 1.14 acre tract out of Block 9, Kemp and
Newby Subdivision of the Cherokee County
School Land, as fully described by metes and
bounds in a field survey prepared by Brannon
Engineering, Inc., on April 20, 1988.
Parcel #37
A 0.056 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 21, 1988.
Parcel #41
A 1.06 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
Parcel #42
A 0.39 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
SECTION 3. The amount of just compensation for the drainage
and utility easements is to be set as follows:
Parcel #36 $2,781.00 #41 $2,770.00
#37 146.00 #42 951.00
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
#36, #37, #41, and #42 described above in the name of the City of
Wichita Falls.
SECTION 4. In the event the City Manager is unable to
purchase such parcels for the appraised value, he 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 Manager 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 17th day of May, 1988.
MI A Y PF 0 R
ATTEST:
City Clerk