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Res 2862 9/29/1981RESOLUTION NO. ; rfp RESOLUTION DECLARING NECESSITY FOR ACQUIRING, AUTHORIZING CITY MANAGER TO HIRE APPRAISERS , AUTHORIZING ACCEPTANCE OF DONATIONS , AND AUTHORIZING PURCHASE OR CONDEMNATION OF RIGHT-OF-WAY EASEMENTS ON HOLLIDAY CREEK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION 1. It is hereby found to be necessary to acquire right-of-way easements for the purposes of drainage, creek channelization and brush control on Holliday Creek, on those certain 17 tracts of land in Wichita County, Texas, which are fully described by metes and bounds in that certain document entitled "Field Notes, Proposed Holliday Creek Easements, City of Wichita Falls, Wichita Falls, Texas, August, 1981" prepared by Biggs & Mathews, Inc. , Consulting Engineers, copies of which are on file in the office of the Director of Public Works for the City of Wichita Falls, which descriptions are incorporated herein by reference. SECTION 2 . The City Manager is hereby authorized to employ qualified independent appraisers to appraise such easements on such tracts of land. SECTION 3. The City Manager is hereby authorized to accept donations of such easements, and to certify the value of same based on such appraisals for the purpose of the landowner' s deduction of the gift for tax purposes. ISECT ON 4 Upon receipt of the appraised values from thePP independent appraisers, the City Manager is authorized to purchase such easements on anyY of the above tracts which are not donated by the owners; the price to be paid for such easements are the values as determined by the independent appraisers. SECTION 5. In the event the City Manager is unable to purchase any such easement for the appraised value, he is authorized and directed to cause to be instituted condemnation proceedings to obtain such easements in the name of the City of Wichita Falls. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such easements for an additional amount, over and above the amount of the appraisal, equal to the estimated cost of condemnation which may be saved by the City by avoiding condemnation. PASSED AND APPROVED this the 29th day of September, 1981. A Y O R ATTEST: City Clerk