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Home My WebLink About14909 ORD - 05/16/1979jkh:5-15-79;ist • • 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 • 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 • 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 • ("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 -1- s• 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 -2- f• 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. -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 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 .4 - City Manager Res/ Estate Appraiser • 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. • 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 • _._ - 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. • 44 �i FIN 2-55 Revised 7/31/69 • • 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 j49fl9