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HomeMy WebLinkAbout13621 ORD - 02/16/19770 e:2/15/77 ' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RODDY RIPPLE FOR APPRAISAL SERVICES IN CONNECTION WITH AIRLINE SUBDIVISION SANITARY SEWER PROJECT, AS IS MORE FULLY SET OUT IN THE AGREEMENT'; A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $1,430 FOR SAID SERVICES, APPLICABLE TO PROJECT NO. 250- 72 -19; 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 Roddy Ripple for appraisal services in con- nection with Airline Subdivision Sanitary Sewer Project, as is more fully set out in the agreement, a copy of which, marked Exhibit "A ", is attached hereto and made a part hereof for all pertinent purposes. SECTION 2. That there is hereby appropriated out of No. 250 Sanitary Sewer Bond Fund $1,430 for said services, applicable to Project No. 250- 72 -19. SECTION 3. That the necessity to authorize the execution of the above mentioned agreement and appropriate the funds necessary for same at the earliest possible date, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meet- ings 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 16th day of February, 1977. ATTEST: Cite ark y "'- APPROVED: 15TH DAY OF FEBRUARY, 1977: J. BRUCE AYCOCK, Ci Attorney 41��e Assist~ Cit Attor1rey MAYOR V10 -19M THE CITY OF CORPUS C ISTI, TEXAS 1362:. MICROFILMED 1UL 04 9 �1 • "EMBIT A" • REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS II COUNTY OF NUECES This agreement is entered into between the City of Corpus Christi, Texas ( "Party of the First Part ") hereinafter called City, and Roddy Ripple ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of Real Estate Appraisals of 2 Parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in connec- tion with the Airline Subdivision Sanitary Sewer 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 2 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 60 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 $250.00 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. (10) The Appraiser agrees to hold the City of Corpus Christi harmless from any claims and liability due to activities of bimself, 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 _p_ 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 _L 30-00 $1,430.00 ) . . . ONE THOUSAND FOUR HUNDRED THIRTY DOLLARS AND NO CENTS -- for the total assignment. _3- D. Termination: The City reserves the right to terminate thie 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 By: City Secretary Approved as to legal form this day of , 19. R. Marvin Townsend City Manager City of Corpus Christi, Texas City Attorney Real Estate Appraiser 0 AIRLINE SUBDIVISION SANITARY SEWER PROJECT Parcel 1 Metes and Bounds Being a 10.0 foot wide strip of land for utility easement and access road out of Lot 20, Block B, Airline Subdivision, as shown by map of record in Volume 12, Page 18, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows; Beginning at a point on the northerly right -of -way line of Lyons Street, said point being the most southeasterly corner of abovementioned Lot 20 for the beginning corner of the tract of lend herein described; Thence N. 600 55' 00" W., along the northerly right -of -way line of said Lyons Street, a distance of 10.0 feet to a point; Thence N. 290 O1' E., along a line that is 10.0 feet westerly of and parallel to the easterly boundary line of said Lot 20, a distance of 166.10 feet to a point on the northerly boundary line of said Lot 20; Thence S. 600 55' 00" E., along the northerly boundary line of said Lot 20, a distance of 10.0 feet to a point which is the northeasterly corner of said Lot 20; Thence S. 290 01' W., along the easterly boundary line of said Lot 20, a distance of 166.10 feet to the place of beginning and containing 1,661.00 square feet of land, more or less. Together with a 30.0 foot wide temporary construction easement parallel to and adjacent to the westerly side of the above described utility ease- ment to be used for working room, storage of material and equipment. Said temporary construction easement shall be terminated within six (6) months after completion of the project for which the permanent utility easement is required. AIRLINE SUBDIVISION SANITARY SEWER IMPROVEMENTS Parcel 2 Metes and Bounds Being a rectangular shaped tract of land out of Lot 15, Section 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point in the easterly boundary line of abovementioned Lot 15, said point being the northeast corner of Lot 20, Block B, Airline Subdivision, as shown by map of record in Volume 12, Page 18, Map Records, Nueces County, Texas, for the southeast and beginning corner of the tract of land herein described; Thence N. 600 54' 30" W., along the north boundary line of said Lot 20, a distance of 56.0 feet to a point which is the northwest corner of said Lot 20; Thence N. 290 00' E., a distance of 130.10' to a point in the south right -of -way line of a 75.0 foot wide drainage easement conveyed by R. P. Parry to Nueces County as recorded in 'Volume 7662 Page 149, Nueces County, Texas, Deed Records; Thence S. 600 54' 30" E., along the south right -of -way line of said ease- ment, a distance of 56.0 feet to a point in the easterly boundary line of said Lot 15; Thence S. 290 00' W., along the easterly boundary line of said Lot 151 a distance of 130.10 feet to the place of beginning and containing 0.167 acres, more or less. CITY OF COMPUS CHRISTI, TEXAS CMIFICATION OF FUNDS (City Charter Article IV Section 21) February 14, 1977 I certify to the City Council that $ 1,430.00 , 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 250 Sanitary Sewer Bond Fund Project No. 250 -72 -19 Project Name Airline Gardens Subdivision Sanitary Sewer Improvements — L./t 4; /}Gd�uiSiTio�J from which it is proposed to be drawn, and such money is not appropriated for any other purpose. &19T P hector o F nce � Revised 1 Revissed ed 7/31/69 0 1 - - .... 0 CORPUS CHRISTI TEXAS -ALOAY OF / 19 %/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 NATOR pl® am A— THE CITY OF CORPUS HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUST Qezgt DR. BILL TIPTON EDUARDO DE ASES Alf RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 13621