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Res 162-2008 11/4/2008 RESOLUTION N0. 162-2008 RESOLUTION DETERMINING THE NECESSITY FOR THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF EXTENDING AND CONNECTING THE HIKE AND BIKE TRAIL FROM HAMILTON PARK TO SCOTT STREET 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 is in the publics best interest to connect the finro existing six mile trail sections to double the length of the trail, while providing greater access with the ability to travel further in a safer environment; and WHEREAS, it has been determined that four (4) residential properties 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 four (4) residential properties being located in Wichita Falls, Wichita County, Texas required to complete the joining of the finro six mile trails, 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 Property Administration staff 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 hike and bike trail from Hamilton Park to Scott Street. 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 4th day of November 2008. MA OR ATTEST: City Clerk