HomeMy WebLinkAbout12731 ORD - 08/06/1975JKH:hb:8 /4/75
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE APPRAISAL CONTRACT WITH HAROLD CARR FOR
APPRAISAL OF THREE PARCELS OF LAND TO BE ACQUIRED
FOR THE EXTENSION OF CHIQUITA PARK, ALL AS MORE
FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH,
IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERE-
TO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR
ALL PERTINENT PURPOSES; APPROPRIATING OUT OF THE
NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4732,
CODE 501, $600 FOR THE SAID APPRAISAL SERVICES;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a Real Estate Appraisal Contract with Harold Carr for appraisal
of three parcels of land to be acquired for the extension of Chiqulta
Park, all as more fully set forth in the contract, a copy of which, in
substantially the same form, is attached hereto, marked Exhibit "A ",
and made a part hereof.
SECTION 2. There is hereby appropriated out of the No. 162
Federal -State Grant Fund, Activity 4732, Code 501, the sum of $600 for the
aforesaid appraisal services.
SECTION 3. The necessity to authorize execution of the afore-
said contract and to provide the necessary funds for appraisal services
authorized thereby in order that the services may be commenced without delay
creates a public emergency and an imperative public necessity requiring
the suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction but that such ordinance
or resolution shall be read at three several meetings of the City Council,
and the Mayor, having declared such emergency and necessity to exist,
having requested the suspension of the Charter rule and that this ordinance
take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED this the �� y of
1975.
ATTEST:
C tty Secretary � MAYOR
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
D OF 1975:
WCity Attorney
12'731
REAL ESTATE APPRAIRAi CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES �(
This agreement is authorized by Ordinance No. dated
19 , and is entered into between the City of Corpus Christi, Texas.
( "Farty of the First Fart ") hereinafter called City, and Harold Carr
( "party of the Second Part ") being referred to as "Appraiser ", and pertains to
the preparation of Real Estate Appraisals of 3 Parcels subject to possible
Eminent Domain action, said properties are to be acquired by the City in connec-
tion with the Chiquita Park Project.
Legal descriptions of the Parcels are attached.
NOW THEREFORE, the City and the Appraiser agree as follows:
A. The Appraiser will provide the following:
(1) Prepare appraisal reports for 3 Parcels as per attached legal
descriptions.
(2) Submit three (3) bound copies of reports for each parcel showing
comparable and approach data, maps, discussion of present use and
highest and best use as well as photographs and appraised value.
The reports should show the approaches used in determining the ap-
praised value for each parcel.
(3) The Appraiser will provide said appraisals within 30 days after
the City has furnished all necessary data on the project.
(4) The Appraiser agrees to share information on comparable sales in
the area in a cooperative manner with other appraisers appraising
in the area for the City.
(5) The Appraiser agrees to coordinate all work with the City Right-
of-Way Division and shall submit all reports to the Right -of-
Way Division, 1801 N. Chaparral, Corpus Christi, Texas 78401,
a
upon completion.
(6) The Appraiser agrees that he will make a personal inspection of
each parcel to be appraised and discuss with the owners where
possible in order to get their assistance in providing information
on subject properties. The Appraiser will verify that the owner or
his designated representative has been given an opportunity, by
reasonable advance notice in writing or otherwise, to accompany the
Appraiser during his inspection of the property. It is further
agreed that appraisal information concerning the property assigned
for appraisal services, whether contained within the appraisal report
to the City or not, is to be treated as confidential and a breach of
such confidence by the Appraiser, except on written authorization by
the City or upon proper order of the Court, shall be considered a
material breach of this contract.
(7) The Appraiser agrees, upon the City's request, to make preparations
for Court testimony and appear in Court to testify, in support of
his appraisal, for a fee of $30.00 per hour
(8) The Appraiser will comply with all Federal, State and local laws
and ordinances applicable to the work.
(9) The Appraiser agrees to hold the City of Corpus Christi harmless
from any claims and liability due to activities of himself, his
agents, or employees.
(10) The Appraiser shall provide a signed statement setting forth his
technical qualifications, general appraisal experience, specific
experience in appraising properties of the type involved in this
project, the courts in which he has testified as an expert witness
and any other information relating to professional qualifications.
(11) In agreeing to the terms of this contract the appraiser hereby
certifies that he.dces not have any interest (including that of real
estate broker or
agent), direct or indirect, present or prospective,
-2-
in any property described in this agreement hereof or in the sale
thereof, or any other interest, whether or not in connection with
said property, which would conflict in any manner or degree with
the performance of the services and submission of impartial reports,
and has not employed and will not employ, in connection with the
services to be furnished hereunder, any person having any such
interest, and until such property is acquired by the City or ex-
cluded from its project, the Appraiser and any employees of the
Appraiser, so long as they are employed by the Appraiser, will not
acquire any such interests and will not, for their own account or
for other than the City, negotiate for any of said property, per-
form service in connection with said property, or testify voluntarily
as a witness in a condemnation or other proceeding with respect
to such property.
B. The City agrees to provide the following to the Appraiser:
(1) Furnish 4 copies of title reports and legal descriptions of
each parcel.
(2) Furnish 4 copies of drawings of each parcel to be taken and
4 copies of a map embracing the project area.
(3) Provide information on comparables if any available to the City.
C. Payment:
For and in consideration of the work to be performed by the Appraiser,
the City agrees to pay the Appraiser upon completion of his assignment
and submission of three (3) copies of the Appraisal Report bound
separately for each parcel, "the lump sum of ( $600.00 )
S]X HUNDRED DOLLARS AND NO CEN'T'S --------- ------ -------- --- ------ -- - - - - --
for the total assignment.
D. Termination:
The City reserves the right to terminate this contract with cause at
anytime, but agrees to pay the Appraiser only for the work where
completed appraisals have been submitted at the time of termination.
-3-
0
E. Assignability:
The Appraiser shall not assign, transfer or delegate any of his obli-
gation or duties of this contract to any other person without prior
written consent of the City except for routine duties delegated to
personnel.,of the Appraiser's staff.-
EXECUTED IN DUPLICATE each of which shall be considered an original
r.
this the a 9 day of , 19 75-
el r
ATTEST:
City Secretary
Approved as.to legal form this
day of ) 19
City Attorney
THE CITY OF CORPUS CHRISTI
BY:
R. Marvin Townsend,
City Manager
Real Estate JkppraisQr
I C�
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
c
July 29, 1975
I certify to the City Council that s 600.00 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 162 Federal -State Grant Fund
Project No. Activity 4732, Code 501
Project Name Community Development Block Grant Capital
° Outlay.
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
NOTE:
Expenditures are for appraisal
services for the extension of
Chiquito Park. r , 1975
r
'Director of i ance
00
$ 4po
FIN 2 -55
Revised 7/31/69
0 0
CORPUS CHRISTI, TEXAS
DAY OF 9�
TO THE MEMERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EX13T FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
I
MAYOR
THE CITY OF CORPUS CHRISTI, T S
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY �J
DR. BILL TIPTON
EDUARDO OE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE: "
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE