Res 080-2008 6/3/2008 �� ,•
RESOLUTION NO. U�'o��
RESOLUTION AMENDING CITY COUNCIL BILL #184 DETERMINING
THE NECESSITY FOR ACQUISITION OF PROPERTY FOR THE
TWENTY (20) INCH BRINE DISCHARGE LINE AS PER REGULATIONS
DETERMINED BY THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY REQUIRED FOR THE CYPRESS WATER TREATMENT
PLANT OPERATIONS 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 must comply with new regulations proposed
by the Environmental Protection Agency; and
WHEREAS, it has been determined that an additional four (4) acquisitions must
be acquired for this project, and as required by law the City will offer the fair market
value to the owners for the various right-of-ways, drainage, and 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 construction of the Brine Discharge Line per regulations of the
Texas Commission on Environmental Quality.
SECTION 2. The amount of just compensation to be offered to the propert��r
owners will be the fair market value as determined by Henderson Appraisal and
Consultants, who has been employed by the City to appraise each tract.
SECTION 3. Alignment of the Line shall be altered as indicated on the attached
Map A, as presented in City Council Bill #184-2006 to that indicated on Map B.
SECTION 4. In the event the Property Administrator is unable to purchase the
parcel for the appraised value, the City Manager is authorized to have the Property
Administrator increase the offer when, in the City Manager's 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 Brine Line Project.
SECTION 5. 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 3rd day of June, 2008.
MAY R
ATTEST:
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City Cler
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