HomeMy WebLinkAbout14909 ORD - 05/16/1979jkh:5-15-79;ist
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL
AGREEMENT WITH SIDNEY H. SMITH, III, FOR REAL ESTATE
APPRAISAL SERVICES FOR THE ACQUISITION OF ONE PARCEL
OF LAND FOR THE EVERHART ROAD AT PADRE ISLAND DRIVE
RIGHT -TURN -LANE, AS MORE FULLY SET FORTH IN THE AGREE•
MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRI-
ATING OUT OF THE NO. 220 STREET IMPROVEMENT BOND FUND
THE SUM OF $695 FOR THE AFORESAID SERVICES, APPLICABLE
TO PROJECT NO. 220-77-4, EVERHART ROAD: PADRE ISLAND DRIVE
TO STAPLES ADDITION OF ONE LANE; 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 appraisal agreement with Sidney H. Smith, III, for real
estate appraisal services for the acquisition of one parcel of land for the
Everhart Road at Padre Island Drive Right -Turn -Lane, 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 out of the No. 220
Street Improvement Bond Fund the sum of $695 for the aforesaid services,
applicable to Project No. 220-77-4, Everhart Road: Padre Island Drive to
Staples, Addition of One Lane.
SECTION 3. The necessity to authorize execution of the aforesaid
contract and to appropriate the sums necessary to effect the appraisal services
hereinabove set forth 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 such emergency and necessity to exist, having requested the suspen-
sion 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
94909
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from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /b
day of May, 1979.
ATTEST:
APPROVED:
15th DAY OF MAY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By i $7- iAgr
Assistant Cit ,r
THE C Y sF CORPUS CHRISTI, TEXAS
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REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT "A"
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
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("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 Everhart Road at Padre Island Drive Right -Turn Lane 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 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 Property
and Land Acquisition Division and. shall aubmit all reports to the.
Property and Land Acquisition Division, 1801 N. Chaparral, Corpus
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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
hie appraisal, for a fee of $280.00 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
inci+ir1e 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
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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 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 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 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) Farniah 4 copies of drawings of the 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 (her)
assignment and submission of three (3) copies of the Appraisal Report
bound separately for the Parcel, the sum of ( $695.00 )
SDC HUNDRED NINETY FIVE D0LIA S AND NO CENTS
for the total assignment.
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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 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 of . 19
ATTEST: THE Crlr QF COEUR CHRISTI
City Secretary R. Mervin Townsend
Approved as to legal form this
day of , 19 .
City Attorney
Director of Finance
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City Manager
Res/ Estate Appraiser
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EVERHART ROAD at Padre Island Drive
Right -Turn Land Project
Parcel No. 2
rtes and Bounds
Being an irregularly shaped tract of land out of Lot 4-A, Block 3, Gray
Village, as shown by map of record in Volume 40, Page 185, Map Records,
Nueces County, Texas and more particularly described by metes and bounds
as follows:
Beginning at a point on the Northwesterly right-of-way line of 80 foot
wide Everhart Road, said point being the moat Easterly corner of above-
mentioned Lot 4-A, for the beginning point of the tract of land herein.
described;
Thence S. 29° 09' 09" W., along the Northwesterly right-of-way line of
said Everhart Road, a distance of 158.95 feet to a point being its inter-
section with the Northwest flare of South Padre Island Drive right-of-
way;
Thence S. 85° 55' 17" W., along the said Northwest flare of Soutar Padre
Island Drive right-of-way, a distance of 12.14 feet to a point;
Thence N. 29° 09' 09" E., along a line that is 11.0 feet Northwest of
and parallel to the Northwesterly right-of-way line of said Everhart
Road, a distance of 84.10 feet to an angle point;
Thence N. 36° 58' 54" E., a distance of 80.75 feet to the place of
beginning of and containing 0.031 acres, more or less.
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
Mav 15. 1979
I certify to the City Council that $ 695.00 , 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 Find
Project No. 220-77-4
Project Name
Everhart
a
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addition of one lane 6 left turn lane
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
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�i FIN 2-55
Revised 7/31/69
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Corpus Christi, Texas
1�day of .
, 19 19
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 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,
MAY
CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass by the following vote:
Luther Jones
Edward L. Sample //
Dr. Jack Best /I„
David Diaz 1.
Jack K. Dumphy 1/.
Betty N. Turner
Cliff Zarsky
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