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HomeMy WebLinkAbout13575 ORD - 01/19/1977JKH:vp:1/17/76 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RICHARD CLOWER FOR APPRAISAL SERVICES IN CONNEC- TION WITH THE AZTEC STREET EXTENSION PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $750 OUT OF THE NO. 220 STREET BOND FUND FOR SAID SERVICES, APPLICABLE TO PROJECT NO. 220- 72 -42; 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 an agreement with Richard Clower for appraisal services in connec- tion with the Aztec Street Extension Project, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated the sum of $750 out of the No. 220 Street Bond Fund for the aforesaid services, applicable to Project No. 220- 72 -42. SECTION 3. That the necessity to authorize execution of the said contract and appropriation of the necessary sums in order that the appraisal services may be begun in connection with the above named street improvement project 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY tL SO ORDAINED, this the day of January, 1977. .i ATTEST: . � 'Ay cretary M THE CITY OF CORPUS CHR I, TEXAS APPROVED: DAY OF JANUARY, 1977: J. BR E AYCOCK, CIT ORNEY BY: ssistant City Mtorney 13575 4"CROFILAIED rJUL Q 1 yj REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This agreement is entered into between the City of Corpus Christi, Texas ( "Party of the First Part ") hereinafter called City, and T. Richard Clower ( "Party of the Second Fart ") 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 Aztec Street Extension 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 vith the City Right- of -Way Division and shall submit all reports to the Right -of- Way Division, 1801 N. Chaparral, Corpus Christi, Texas 78401, v 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 informatioh 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 (S) 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 cualifications. (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 r 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 ( $750.00 ) . . . . . . SEVEN HUNDRED FIFTY 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. 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 , is City Attorney THE CITY OF COREUS CHRISTI $y: R. Marvin Townsend City Manager City of Corpus Christi, Texas Real Estate Appraiser A.'_TEC STREET EXTENSION - Mohawk to Cheyenne Parcel 1 Metes and Bounds Being a portion of Lot 9, PATRICK GARDENS, as shown by map of record in Volume A, Page 47, Map Reocrds, Nueces County, Texas, and more particu- larly described by metes and bounds as follows: Beginning at a point on the east right -of -way line of Cheyenne Avenue, said point being the northwest corner of said Lot 9 for the beginning corner of the tract of land herein described; _ Thence N. 880 19' E., along the north boundary line of said Lot 9, a distance of 300.30 feet to a point on the west right -of -way ]line of Mohawk Street, said point being the northeast corner of above mentioned Lot 9; Thence S. 10 41' E., along the west right -of -way line of said Mohawk Street, a distance of 32.5 feet to a point; i Thence S. 880 19' W., along a line that is 32.5 feet south of and paral- 1 e to the north boundary line of said Lot 9, a distance of 150.0 feet to a point; Thence S. 2 41' E., a distance of 30.5 feet to a point; Thence S. 88 0 19' W., along a line that is 63.0 feet south of and paral- lel to the north boundary line of said Lot 9, a distance of 150.30 feet to a point on the east right -of -way line of abovementioned Cheyenne Avenue; Thence N. 10 41' W., along the east right -of -way line of said Cheyenne Avenue, a distance of 63.0 feet to the place of beginning and containing 14,343.90 square feet or 0.329 acres, more or less. AZTEC STREET EXTENSION - Mohawk to Cheyenne Parcel 2 Metes and Bounds Being a rectangular shaped tract of land out of Lot 81 PATRICK GARDENS, as shown by map of record in Volume A. Page 47, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the west right -of -way line of Mohawk Street, said point being the southeast corner of abovementioned Lot 8, for the beginning corner of the tract of land herein described; Thence S. 880 19' W., along the south :boundary line of said Lot 8, a distance of 150.0 feet to a point; Thence N. 10 41' W., a distance of 42.0 feet to a point; Thence.N. 880 19' E., along a line that is 42.0 feet north of and parallel to the south boundary line of said Lot 8, a distance of 150.0 feet to a point on the west right -of -way line of abovementioned Mohawk Street; Thence S. 10 41' E., along the west boundary line of said Mohawk Street, a distance of 42.0 feet to the place of be- ginning and containing 6,300.00 square feet or 0.145 acres, c more or less. AZTEC STREET EXTENSION - Mohawk to Cheyenne Parcel 3 Metes and Bounds Being a rectangular tract of land out of Lot 8, PATRICK GARDENS, as shown by map of record in Volume A, Page 47, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows;. Beginning at a point on the east right -of -way line of Cheyenne Avenue, said point begin the southwest corner of abovementioned Lot 8, for the beginning corner of the tract of land herein described; Thence N. to 41' W., along the east right -of -way line of said Cheyenne Avenue, a distance of 17.5 feet to a point; Thence N. 880 19' E., along a line that is 17.5 feet north of and parallel to the south boundary line of said Lot 82 a distance of 150.30 feet to a point; Thence S. 10 41' E., a distance of 17.5 feet to a point on the south boundary line of said Lot 8; Thence S. 880 19' W., along the south boundary line of said Lot 8, a distance of 150.30 feet to the place of beginning and containing 2,630.25 square feet or 0.060 acres, more or less. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 13, 1977 I certify to the City Council that $ 750.00 , 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 -42 Project Name Aztec Street Extension from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19Z Director of Vinr n� FIN 2 -55 �� Revised 7/31/69 CORPUS CHRISTI, T AS _DAY OF , 1977 TO THE MEMBERS 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 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; 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, (2,----,, c MAYO 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 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE