Res 128-2001 11/6/2001RESOLUTION NO. I a�; -00,001
RESOLUTION DETERMINING THE NECESSITY FOR
ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF A
PIPELINE AND PUMPSTATION TO DELIVER LAKE KEMP
WATER TO THE CYPRESS WATER PLANT AND AUTHORIZING
PURCHASE OR CONDEMNATION; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Corlett, Probst & Boyd, Inc. has completed an engineering
study on the construction of a pipeline and pump station to deliver Lake Kemp
water to the Cypress Water Treat Plant, and
WHEREAS, the City of Wichita Falls desires to construct improvements to
deliver water from Lake Kemp to the Cypress Water Treatment Plant, and
WHEREAS, the City of Wichita Falls must comply with new regulations
proposed by the Environmental Protection Agency; and
WHEREAS, it has been determined that twenty -seven (27) tracts of land
must be acquired for this project, and the City did retain the services of
Henderson Appraisal and Consultants to determine the fair market value to be
offered to the owner for the easements.
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
permanent utility easements and temporary construction easements on the
property shown on the attached map. Said property being located in Wichita
County, Texas and required for the Lake Kemp pipeline construction.
SECTION 2. The amount of just compensation to be offered to the
property owners will be the fair market value as determined by Henderson
Appraisal and Consultants, who was employed by the City to appraise each tract.
SECTION 3. In the event the City staff or authorized representative is
unable to purchase the parcel 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 the construction of a pipeline and pump
station to deliver Lake Kemp water to the Cypress Water Plant.
SECTION 4. It is hereby officially found and determined that the meeting
at which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of November 2001.
ATTEST:
City Clerk
MAYOR