Res 044-2008 4/1/2008 RESOLUTION NO. 44-2008
RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION
OF PROPERTY FOR THE NORTH BASIN SEWER INTERCEPTOR 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, the City of Wichita Falls finds it necessary to implement the North
Basin Sewer Interceptor Project to create additional necessary sewer capacity and meet
mandatory environmental regulatory requirements; and
WHEREAS, it has been determined that seven (7) permanent utility easements
must be acquired for this project, and as required by law the City must offer the fair
market value to the owners for the various permanent utility 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 of said property being located in Wichita Falls, Wichita County, Texas
required to complete the North Basin Sewer Interceptor Project previously passed by
council, and
SECTION 2. The amount of just compensation to be offered to the property
owners will be the fair market value as determined by an independent certified appraiser,
who will be 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 Property Administrator will request the City Attorney to institute
condemnation proceedings to obtain such property in the name of the City of Wichita
Falls for the construction of the North Basin Sewer Interceptor Project.
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 1st day of April 2008.
MAYOR
ATTEST:
,
6�1 �C�.._
City Clerk
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