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HomeMy WebLinkAbout14816 ORD - 03/07/1979• 3kh:3-2-79;1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SIDNEY H. SMITH, III, FOR APPRAISAL SERVICES IN CONNECTION WITH THE ACQUISITION OF ONE PARCEL OF LAND FOR THE INTERNATIONAL AIRPORT RUNWAY 31 APPROACH LIGHT SYSTEM 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"; APPROPRIATING OUT OF THE NO. 245 AIRPORT BOND FUND THE SUM OF $612 FOR THE AFORESAID SERVICES IN CONNEC- TION WITH PROJECT NO. 245-72-1, INTERNATIONAL AIRPORT LAND ACQUISITION RUNWAY 31 APPROACH LIGHT SYSTEM; 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 Sidney H. Smith, III, for appraisal services in connection with acquisition of one parcel of land in connection with the International Airport Runway 31 Approach Light System Project, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. That there is hereby appropriated out of the No. 245 Airport Bond Fund the sum of $612 for the services aforesaid in connection with the described project. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to appropriate the sums necessary to effect the appraisal of the one parcel of land required for the International Airport Runway 31 Approach Light System Project at the earliest practicable date 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 that such emergency and necessity exist, 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 MICROFILMED JUL 0 81980 14813 • • from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 7 day of March, 1979. ATTEST: // CiigiSecretary r4 APPROVED: 5th DAY OF MARCH, 1979: 3. BRUCE AYCOCK, CITY ATTORNEY CHRISTI, TEXAS THE STATE OF TEXAS COUNTY OF NUECES 1 REAL ESTATE Azmae]aeL CONTRACT • This agreement is entered into between the City of Corpus Christi, Texas ("Party of the First part") hereinafter called City, and Sidney H. Smith III ("Party of the Second part") being referred to as "Appraiser", and pertains to the preparation of Real Estate Appraisal for one (1) Parcel subject to possible Eminent Domain action, said property is to be acquired by the City in connection with the International Airport Land Acquisition Runway 31 Approach Light System Project. A legal description of the Parcel is attached. NOW THEREFORE, the City and the Appraiser agree as follows: A. The Appraiser will provide the following; (1) Prepare appraisal reports for one (1) Parcel as per attached legal description. (2) Submit three (3) bound copies of reports for the 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 the Parcel. (3) The Appraiser will provide said appraisals within 3O 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 pity Property and Land Acquisition Division and shall submit all reports to the Property and Land Acquisition Division, 1601 N. Chaparral, Corpus -1- • Christi, Texas 78401, upon completion. (6) The Appraiser agrees that he will make a personal inspection of the '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, l„easebnift„ 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 acquire. Acquisition will not include mineral rights. (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 mgr claims and liability due to activities of himself, his agents, or employees. (11) The•Appraiser shall provide a signed statement setting forth his technical qualificationa,_general appraisal experience, specific experience in appraising properties of the type involved in this project, the courts in which he hes 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 (inc1i.ing that of real estate broker ar agent), direct or indirect, present or prospec- tive, 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 re- ports, and has not employed and will not employ, in connection with the spices to be fnrniahed 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 mat aogn re any such interests and will not, for their own account or far other than the City, negotiate for any of said property, per- form services in connection with said property, or testify voluntari- ly 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 the Parcel. (2) Furnish 4 copies of drawings of the Parcel to be taken. (3) Provide information on comparables if any available to the City. C. Payment: Por and in consideration of the work to be performed by the Appraiser, the City agrees to pay the Appraiser upon completion of his (her) assignment and submission of three (3) copies of the Appraisal Report bound separately for the Parcel, the sum of ( $6]2.00 SIS HUNDRED TWELVE DOLLARS AND NO Ch7V'iS - for the total assignment. -3- • D. Termination: The City reserves the right to terminate this contract with cause at auytime. Termination may include the entire contract or may include only selected Parcel which the City desires to delete. In either case the City agrees to pay the Appraiser only for the work where completed appraisal has 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 TRIPLICATE, each of which shall be considered, an. original, this day or , 19 ATTEST: THE CITY OF CORALS Cffi1STI $Y: City Secretary R. Marvin Townsend City Manager Approved as to legal form this 1 day of ! i%6aL , 19 7? 'iJ' •City Attorney, -4- Real state Ap er • flTERENTIONAL AIRPORT Land Acquisition Runway 31 Approach Light System Metes and Bounds Being a rectangular shaped tract of land out of Tract 6, Margaret Kelly Land, as shown by map of record in Volume 8, Page 40, Map Re- cords, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at the Northwest corner of abovementioned Tract 6, Margaret Selly Land; Thence due South along the West boundary line of said Tract 6, a distance of 525.51 feet to the point of intersection with the center- line of Corpus Christi International Airport Runway No. 13-31; Thence S. 43° 11' 05"E., along said runway centerline and it's extension, pass the Southeast end of said runway at 275.90 feet, pass the Northwest right-of-way line of State Farm Road No. 763 (Joe Mireur Road) at 1,277.59 feet, in all a distance of 1,377.59 feet. to a point on the Southeast right-of-way line of said State Farm Road 113. 763 for the beginning point of the tract of land herein described; Thence N. 46° 47' 40" E., along the Southeast right-of-way line of said State Farm Road No. 763, a distance of 200.0 feet to a point; Thence S. 43° 11' 05" E., a distance of 498.31 feet to a point; Thence S. 46° 47' 40" W., a distance of 400.0 feet to a point; Thence N. 43° 11' 05" W., a distance of 498.31 feet to a point on the Southeast right-of-way line of said State Farm Road No. 763; Thence N. 46°47' 4o" E., along the Southeast right-of-way line of said State Farm Road No. 763, a distance of 200.0 feet to the place of beginning and containing 4.576 acres, more or less. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 27, 197 I certify to the City Council that $ 612.00 , 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 245 Airport Bond Fund Project No. 245-72-1 Project Name International Airport Land Acquisition - • Frontage on Hwy. 44 (Runway 31 Approach Light System) from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Att,,A 7 , 19.2.Z FIN 2-55 '1i Revised 7/31/69 • • Corpus Christi, Texa 7 day of , 1979 70 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY The Charter rule was suspended by the following vote: Gabe Lozano, Sr. If Bob Gulley / David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample �. ISTI, TEXAS The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley 1; David Diaz Ruth Gill 401_, Joe Holt - Tony Juarez, Jr. 401 Edward L. Sample 14818