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Res 111-88 5/17/1988RESOLUTION NO. &I— 9d RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS IN CONJUNCTION WITH PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, sixty -two parcels of property have been designated as fill areas for Phase II of the Holliday Creek Project; and, WHEREAS, three parcels have now been appraised, 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 filling to improve the drainage as part of Phase II of the Holliday Creek Project. SECTION 2. The legal descriptions of the fill easements to be acquired for a forty -eight month period are as follows: Parcel #F -43 A 0.450 acre tract (19,600 square feet), more or less, out of Block 19 of Kemp and Newby Subdivision, and being part of a tract described in Volume 625, Page 173 of the Wichita County deed records. Parcel #F -77 A 0.083 acre tract (3,600 square feet), more or less, out of Block 9, Sayles Irrigation Subdivision, and being part of a tract described in Volume 1057, Page 358 of the Wichita County deed records. Note: The above described tracts are also noted as fill areas on the plans for Phase II of the Holliday Creek Project prepared by Albert H. Halff Associates, Inc. The legal description of the property to be acquired in fee simple title is as follows: Parcel #F-47 A 3.96 acre tract out Subdivision of the J. and being the same tr. 464, Page 431, Volume Volume 1347, Page 568 deed records. of A. act 11 of Block 1, Irrigation Scott Survey No. 10 described in Volume 97, Page 27, and the Wichita County SECTION 3. The amount of just compensation is to be set as follows: Parcel #F-43 $1,092.00 #F-47 $180.00 #F-47 6,900.00 * *Appraised value for one-half interest in property. City of Wichita Falls, Trustee for itself, the Wichita Falls Independent School District, and Wichita County, own one-half interest, which was valued at $6,900.00. The above stated amounts of just compensation 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 fill easements on Parcels #F-43 and #F-77 and fee simple title to Parcel #F-47 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. M (J A Y If 0 R ATTEST: J4 City Clerk