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HomeMy WebLinkAbout13266 ORD - 06/30/1976e:6/29/76 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH DAVID BARABINO AND SIDNEY H. SMITH FOR REAL ESTATE APPRAISAL SERVICES FOR SEVEN (7) PARCELS OF LAND TO BE ACQUIRED FOR THE KOSTORYZ -PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENT PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENT, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B "; APPROPRIATING OUT OF #220 STREET IMPROVEMENT BOND FUND, PROJECT 220 -72 -5, $10,535 FOR SAID 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 agreements with David Barabino and Sidney H. Smith for real estate appraisal services for seven (7) parcels of land to be acquired for the Kostoryz -Padre Island Drive to Holly Road Street Improvement Project, all as is more fully set forth in the agreements, copies of which are attached here- to and made a part hereof, marked Exhibits "A" and "B ". SECTION 2. That there is hereby appropriated out of #220 Street Improvement Bond Fund, Project 220 -72 -5, $10,535 for said appraisal services. SECTION 3. The necessity to authorize execution of the afore- said agreements and appropriate the necessary funds to provide these services so that this project may proceed 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 and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emer- gency 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 30 day of June, 1975. ATTEST: Ci�tary�� Ik jZOV DA ��EJJ DAY OF JUNE, 1976: J. B UCE AY COCK, C ttorney By Assistant City Attorney MAYOR THE CITY OF CORPUS CHRISTI, AAS wIIUKUHLMED, 13266 JUN 17 NO REAL ESTATE APPRAMAAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES �( This agreement is authorized by Ordinance No. dated 19_, and -_ds entered into between the'City� of, Corpus Christi,•Texas ( "Party of the First Part ") hereinafter called City, and David Barabino ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of Real Estate Appraisals of 7 Parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in connec- tion with the Kostoryz Road Street Improvement 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 7 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, -1- upon completion. (6) The Appraiser agrees that he will make a personal inspection of each parcel to be appraised and discuss with the owner or owners where possible in order to get his (her) (their) assistance in providing in- formation on subject property. The Appraiser will verify that the owner or owners or his (her) (their) 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 with- in the appraisal report to the City or not, is to be treated as con- fidential 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 $30.00 per hour for preparation; $250.00 his appraisal, for a fee of per day or part of a day for deposition, court testimony, and /or court appearance. (8) If there are separately held interests in the real property to be ac- quired (such as easements, leaseholds, tenant -owned improvements, life estates, and water, gas, oil or mineral rights), the appraisal shall include an apportionment of the total just compensation to each separately held interest to be acquired. (9) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. (10) 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. (11) 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 -2- and any other information relating to professional qualifications. (12) In agreeing to the terms of this contract the appraiser hereby certifies that he (she) does not have any interest (including that of real estate broker or agent), direct or indirect, present or prospective, in any property described in this agreement hereof or in the sale thereof, or any other interest, whether or not in con- nection with said property, which would conflict in any manner or degree with the performance of the services and submission of im- partial reports, and has not employed and will not employ, in con- nection with the services to be furnished hereunder, any person having any such interest, and until such property is acquired by the City or excluded 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, perform services 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 'fib 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 assign- ment and submission of three (3) copies of the Appraisal Report bound separately for each parcel, the sum of ( $5,280.00 ) . FIVE THOUSAND TWO HUNDRED EIGHTY DOLLARS AND NO CENTS . for the total assignment. -3- D. Termination: The City reserves the right to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected parcels which the City desires to delete. In either case the City agrees to pay the Appraiser only for the work where completed appraisals have been submitted at the time of termination. E. Assignability: The Appraiser shall not assign, transfer or delegate any of his obli- gations 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. F, Tlo IV-.S No rEa in/ Ale i 7, i 97� EXECUTED IN DUPLICATE each of which shall be considered an original this the day of , 19_ ATTEST: City Secretary Approved as to legal form this day of City Attorney 19 THE CITY OF CORATS CHRISTI By: R. Marvin Townsend City Manager City of Corpus Christi,liTexas Real Estate Appraiser REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS II COUNTY OF NUECES tt This agreement is authorized by Ordinance No. dated 19_, and'is entered into between the City of Corpus Christi, Texas- ( "Party of the First Part ") hereinafter called City, and Sidney H. Smith ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of Real Estate Appraisals of 7 Parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in connec- tion with the Kostoryz Road Street Improvement 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 ' 7 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, -1- upon completion. (6) The Appraiser agrees that he will make a personal inspection of each parcel to be appraised and discuss with the owner or owners where possible in order to get his (her) (their) assistance in providing in- formation on subject property. The Appraiser will verify that the owner or owners or his (her) (their) 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 with- in the appraisal report to the City or not, is to be treated as con- fidential 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 $240.00 per day (8) If there are separately held interests in the real property to be ac-. quired (such as easements, leaseholds, tenant -owned improvements, life estates, and water, gas, oil or mineral rights), the appraisal shall include an apportionment of the total just compensation to each separately held interest to be acquired. (9) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. it (10) 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. (11) 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 -2- and any other information relating to professional qualifications. (12) In agreeing to the terms of this contract the appraiser hereby certifies that he (she) does not have any interest (including that of real estate broker or agent), direct or indirect, present or prospective, in any property described in this agreement hereof or in the sale thereof, or any other interest, whether or not in con- nection with said property, which would conflict in any manner or degree with the performance of the services and submission of im- partial reports, and has not employed and will not employ, in con- nection with the services to be furnished hereunder, any person having any such interest, and until such property is acquired by the City or excluded 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, perform services 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 assign- ment and submission of three (3) copies of the Appraisal Report bound separately for each parcel, the sum of ( $5,255.00 ) . FIVE THOUSAND TWO HUNDRED FIFTY -FIVE DOLIARS AND NO CENTS . for the total assignment. -3- D. Termination: The City reserves the right to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected parcels which the City desires to delete. In either case the City agrees to pay the Appraiser only for the work where completed appraisals have been submitted at the time of termination. E. Assignability: The Appraiser shall not assign, � transfer or delegate - any.•of his obli- gations 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 this the day of , 19_ ATTEST: THE CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend City Manager City of Corpus Christi, Texas Approved as to legal form this day of , 19 • c, c- I �fi� City Attorney Real Estate Appraiser (5,a4=t6 -4- _ — CITY -OF CORFUS CHRISTI3- TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section'21) ' June 24, 1976 n I certify to the City Council that $ 10,535.00 , 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 220 Street Bond Fund Project No.- 220 -72 -5 Project Name Kostoryz -Padre Island Drive to Holly Road • from which it is.proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance - t VFIN -55ed 7/31/69 CORPUS CHRISTI, TEXAS DAY OF LQ/ 19 TO THE MEk3ERS OF THE CITY COUNCIL COPPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST 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; I, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE