Res 144-88 7/5/1988RESOLUTION NO. 144 -88
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF A UTILITY EASEMENT ON PARCEL #69 OF THE HOLLIDAY
CREEK PROJECT, SETTING JUST COMPENSATION, AND
AUTHORIZING PURCHASE OR CONDEMNATION.
WHEREAS, on November 19, 1985, the City Council passed
Resolution No. 186 -85 which authorized the City Manager and City
Attorney to file a friendly condemnation suit against the Wichita
Falls Country Club to obtain a construction and drainage easement
for the Holliday Creek Project; and,
WHEREAS, it has now been determined that a sanitary sewer
line will be located within the channel right -of -way and that
such utility easement must now also be obtained on the 13.40 acre
tract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. It is necessary that the City of Wichita Falls
acquire a utility easement on the hereinafter described property
located in Wichita Falls, Wichita County, Texas, for the purpose
of installing a sanitary sewer line and other miscellaneous
utilities within the new Holliday Creek Channel
SECTION 2. The legal descriptions of the utility easements
to be acquired are as follows:
Parcel #69
Tract I
An 8.59 acre tract in the J. A. Scott Survey
No. 9, Abstract 305.
Tract II
A 4.81 acre tract in the J. A. Scott Survey
No. 9, Abstract 305.
The above described tracts being further
described by metes and bounds in a field
survey prepared by Brannon Engineering, Inc.,
on November 23, 1985.
SECTION 3. The amount of just compensation for the utility
easement is to be set at $150.00. The City Manager is hereby
authorized to acquire a utility easement on Parcel #69 as
described above in the name of the City of Wichita Falls.
SECTION 4. In the event the City Manager is unable to
purchase the easement for the amount of just compensation stated
above, he is authorized to increase the offer when, in his
judgment, it appears to be in the best interest of the City. If
both parties are unable to agree upon a value for the easement,
the City Manager is hereby authorized to institute condemnation
proceedings or modify the previous condemnation suit 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 5th day of July, 1988.
ATTEST:
`1
City Clerk