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HomeMy WebLinkAbout03549 ORD - 09/16/1953AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH ERIK EHRENBORG APPRAISAL COMPANY, ACCORDING TO THE PROVISIONS AND CONDITIONS CONTAINED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF SUCH SERVICES OUT OF FUNDS PREVIOUSLY APRROPRIATED IN THE CURRENT BUDGETS UNDER THE TAX ASSESSOR AND COLLECTOR DIVISION, CODE CH, NO. 102 CURRENT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BED AND HE IS HEREBY,` AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUSCHRISTI TO EXECUTE AN AGREEMENT WITH ERIK EHRENBORG APPRAISAL COMPANY, ACCORDING TO THE.PROVISIONS AND CONDITIONS CONTAINED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE PAYMENT FOR SUCH APPRAISAL SERVICES SHALL BE MADE OUT OF FUNDS PREVIOUSLY APPROPRIATED IN THE CURRENT BUDGETS UNDER THE TAX ASSESSOR AND COLLECTOR DIVISIONS CODE CH. NO. 102 CURRENT FUND. SECTION 3. WHEREAS, POSSIBLE PRESENT INEQUITIES IN ASSESSED VALUES OF PROPERTY IN THE CITY OF CORPUS CHRISTI EXISTS AND THE FACT THAT IT IS NECESSARY TO ALLEVIATE SUCH CONDITIONS IF THEY EXIST, CREATES -A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT PROVIDING 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 AND THE MAYORS HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED 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 PASSED AND APPROVED, THIS THE A DAY OF SEPTEMBERS 1953• . / I // ATT THEr OF CORPUS CHRISTI, TEXAS CI ECRET APPRO ED AS TO EGAL FO CITY ATTOR EY 3 l THE STATE OF TEXAS .COUNTY OF NUECES THIS CONTRACT MADE AND ENTERED INTO THIS DAY OF SEPTEMBERS 1953, BY AND BETWEEN ERIK EHRENBORG APPRAISAL COMPANYS HEREINAFTER RCFERRED TO AS "APPRAISER ", AND THE CITY OF CORPUS CHRISTI, LOWER NUECES RIVER WATER SUPPLY DISTRI'CT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, TEXAS, HEREINAFTER REFERRED TO AS "TAXING AGENCIES"- W I T N E S S E T H - APPRAISERS IN CONSIDERATION OF PAYMENTS TO BE MADE TO HIM BY TAXING AGENCIES AS OUTLINED BELOW, AGREES TO FURNISH TAXING AGENCIES ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY FOR A COMPLETE APPRAISAL AND VALUATION FOR TAXATION PURPOSES OF ALL REAL AND PERSONAL PROPERTY, WITH THE EXCEPTIONS OUT- LINED BELOW, WITHIN THE PRESENT BOUNDARY LINES OF SAID TAXING AGENCIES. APPRAISER SPECIFICALLY AGREES TO PERFORM THE FOLLOWING ACTS UNDER SAID CON- TRACT. 1. BUILDING AND IMPROVEMENTS- (A) APPRAISER AGREES TO INSPECT ALL BUILDING, STRUCTURES AND IMPROVEMENTS AND TO MEASURE AND DESCRIBE ALL SUCH BUILDINGS, STRUCTURES AND IMPROVEMENTS UPON LOTS OR PARCELS OF LAND INSIDE_ THE LIMITS OF SUCH TAXING AGENCIES TO THE EXTENT NECESSARY TO CORRECT SUCH VARIATIONS AS EXIST IN PRESENT RECORDS OF TAXING AGENCIES; AND TO SUCH AN EXTENT THAT THE MEASUREMENTS AND DESCRIPTIONS WILL SUBSTANTIATE THE VALUE THE APPRAISER MAY ESTABLISH. HE WILL APPLY TO SUCH BUILDINGSS STRUCTURES AND IMPROVEMENTS FACTORS OF VALUATION AND DEPRECIATION. SUCH FACTORS SHALL BE BASED UPON NORMAL COST OF NEW REPRODUCTION; AND SPECIFIC DEPRECIATION, IF ANY SUCH EXISTS, SHALL BE EXPRESSED- IN A PERCENT- AGE FIGURES WITH SUCH DEPRECIATION INCLUDING MECHANICAL D- ETERIORATIONS OBSO- LESCENCE, AGE AND LACK OF UTILITY. SUCH REVALUATION SHALL BE MADE BY APPRAISER ON A FAIR AND EQUITABLE BASIS AND SHALL BE MADE IN CONFORMITY WITH ALL LAWS RE- LATING TO THE ASSESSMENT, APPRAISALS AND TAXATION OF PROPERTY BY THE TAXING AGENCIES INVOLVED. (C) DATA AND INFORMATION OF EACH OU I LD I NGS S TRUCTURE AND IM- PROVEMENT SHALL BE TABULATED BY APPRAISER ON A REALTY IMPROVEMENT RECORD, SIZE 4 1/4' X 10 3/10" SIMILAR TO THE RECORDS NOW USED BY TAXING AGENCIES, SHOWING SIZE, CLASS AND KIND, AS WELL AS ALL PERTINENT INFORMATION NECESSARY IN DETER- MINING THE VALUATION AND DEPRECIATION OF THE BUILDINGS, STRUCTURES OR IMPROVE- MENTS AS ASCERTAINED BY APPRAISER. ONE (1) ORIGINAL SET OF SUCH RECORD WITH A CARBON COPY SHALL BE FURNISHED TAXING AGENCIES. 2. LAND: APPRAISER AGREES TO FURNISH IN CONNECTION WITH THE ABOVE DES- CRIBED SURVEY EXPERTS FAMILIAR WITH LAND VALUATION METHODS WHO WILL COMPUTE OR EVALUATE ALL LAND ON A LOT, BLOCK, AND FOR ACREAGE UNIT BASIS LOCATED INSIDE THE BOUNDARY LIMITS OF EACH AND ALL TAXING AGENCIES. THIS VALUATION SHALL BE SUBMITTED TO AN APPRAISAL ADVISORY BOARD APPOINTED BY TAXING AGENCIES. THE APPOINTMENT OF SUCH BOARD AND ITS OPERATION, EXCEPT FOR CONSULTATION OF APPRAISER, KEEPING OF RECORDS, AND STENOGRAPHIC SERVICES, SHALL BE AT NO COST TO APPRAISER. AFTER REVIEW OF VALUATIONS BY SUCH ADVISORY BOARD, AND CONSULTATION WITH TAXING AGENCIES, APPRAISER SHALL COMPLETE THE VALUATION OF ALL LOTS OR PARCELS ACCURATELY, SHOWING LOT, BLOCK AND FRONT FOOT VALUES, TAKING INTO CONSIDERATION CONTOURS OR OTHER DISCREPANCIES OR CAUSES FOR APPRECIATION OR DEPRECIATION AND SUCH DETAILED VALUATION SHALL BE PLACED ON THE REALTY IMPROVEMENT RECORD SHOWN ABOVE. 3. MAPS. (A) APPRAISER AGREES TO FURNISH TAXING AGENCIES TWO (2) COMPLETE SETS OF SECTIONAL BOOK MAPS, SIZE 21" X 307, DRAWN TO A SCALE OF ONE INCH (1 ") TO ONE HUNDRED FEET (100'), SAID MAPS TO CONTAIN THEREON THE FRONT FOOT VALUATION COMPUTED BY APPRAISER WITH THE APPROVAL OF THE APPRAISER ADVISORY BOARD. SUCH MAPS SHALL CONTAIN THE LOT AND BLOCK NUMBER, NAMES OF STREETS AND SUBDIVISIONS, LOT AND BLOCK DIMENSIONS, NAME OF OWNERSHIP OF PROPERTY, VALUATION OF EACH BLOCK, AND EXISTENCE OF EASEMENTS INDICATED. ADDITIONAL COPIES OF SUCH MAP SHALL BE FURNISHED AT REQUEST OF TAXING AGENCIES AT $ PER COPY. (B) TAXING AGENCIES AGREE TO ALLOW APPRAISER THE USE OF ALL EXISTING MAPS AND RECORDS IN THEIR POSSESSION. -k. PERSONAL PROPERTY: APPRAISER AGREES TO PREPARE AND FURNISH TO TAXING AGENCIES TWO (2) COMPLETE SETS OF RECORDS CONSISTING OF AN ORIGINAL AND CARBON DUPLICATE SLIPS OF UNIFORM SIZE DESCRIBING ALL PROPERTY REFERRED TO IN THIS PARAGRAPH AND TO EVALUATE AND APPRAISE AT PRESENT 100% VALUE BY THE USE OF EXPERTS, ALL BUSINESS, INDUSTRIAL PUBLIC UTILITY, RAILROADS AND PERSONAL PROPERTY LOCATED WITHIN THE BOUNDARY LIMITS OF TAXING AGENCIES, WITH THE FOLLOWING EXCEPTIONS; -a- (A) IT IS EXPRESSLY UNDERSTOOD THAT APPRAISER SHALL NOT APPRAISE OR VALUATE PERSONAL PROPERTY IN HOMES, AUTOMOBILES LIVE STOCKY JEWELRY AND STOCKS AND BONDS, OR ANY INTANGIBLE PROPERTY. HOWEVER, APPRAISER SHALL FURNISH TO TAXING AGENCIES FORMULAE AND METHOD FOR THEIR INFORMATION AND EDUCATION IN THE ASSESStNG OF SUCH PROPERTIES. SUCH FORMULAE. AND METHOD SHALL BE OF SUCH STANDARD AS WOULD BE ACCEPTABLE FOR USE BY TAXING AGENCIES AND A STANDARD OF EQUALITY AS WOULD BE VALID AND ACCEPTABLE UNDER PRESENT TEXAS STATUTES AND CONSTITUTION. - (B) APPRAf SER SHALL NOT APPRAf SE. OR VALUE ANY PERSONAL OR REAL PROPERTIES EXEMPT FROM TAXATION INSIDE THE BOUNDARY LIMIT'S OF TAXING AGENCIES. APRRAISER SHALL FURNISH TO TAXING AGENCIES A SLIP SHOWING AN ACCOUNT OF SUCH PROPERTIES. 5. RECORDS & TRAINING: APPRAISER AGREES TO FI. " -RNISH TAXING AGENCIES VARIOUS TABLES AND RECORDS CONSISTING OF BUILDING AND LAND SCHEDULES AND DETAILED INFORMATION ON INDUSTRIAL PLANTS, RAILROADS, PUBLIC UTILITIES, AND O'EHER LARGER ENTERPRISES AND TO TRAIN PERSONNEL OF TAXING AGENCIES SO THAT SUCH SYSTEM MAY BE MAINTAINED AND KEPT UP T'0 DATE. 6. SUPERVISION: DIRECT SUPERVISION OF WORK UNDER THIS CONTRACT SHALL BE MADE BY ERIK EHRE'.NBORG OF AT LEAST FIFTY PERCENT (50%) OF THE WORK LONE AND THE SAID ERIK EHRENBORG SHALL BE PRESENT AND IN ACTIVE SUPERVISION OF APPRAISAL AND VALUATION MADE. AT LEAST FIFTY PERCENT (50%) OF THE TIME'. REQUIRED TO COMPLETE SAME. 7. SCHEDULE OF PERFORMANCE: WITHIN 15 DAYS AFTER EXECIi TION OF THIS AGREEMENT, APPRAISER SHALL FURNISH TAXING AGENCIES WITH A SCHEDULE OF PERFORMANCE SHOWING PROPOSED CATES OF COMMENCEMENT AND COMPLETION OF THE VARIOIiS SUBDfVISIONS OF WORK REQUIRED AND SUCH OTHER INFORMATION AS TAXING AGENCIES MAY REQUIRE. AFTER FINAL APPROVAL BY TAXING AGENCIES APPRAISER SHALL STRICTLY ADHERE TO SUCH SCHEDULE. 8. CONSIDERATION: (A) FOR AND IN CONSIDERATION OF THE SERVICES OUTLINED ABOVE TO BE PERFORMED BY APPRAISER, TAXING AGENCIES AGREE. TO PAY TO SAID APPRAISER A FEE OF $74,850.00, PAYABLE AS FOLLOWS, PROVIDING APPRAISER HAS COMPLIED WITH HIS SCHEDULE -3- OF PERFORMANCE SHOWN IN PARAGRAPH 7: NINE THOUSAND ($9,000.00) DOLLARS THIRTY (30) DAYS AFTER THE START OF WORK. NINE THOUSAND ($9,000.00) DOLLARS SIXTY (60) DAYS AFTER THE START OF WORK. NINE THOUSAND ($9,000.00) DOLLARS NINETY (90) DAYS AFTER THE START OF WORK. NINE THOUSAND ($9,000.00) DOLLARS ONE HUNDRED AND TWENTY (120) ".DAYS AFTER-THE sir ART OF WORK. NINE THOUSAND ($92000.00r DOLLARS ONE HUNDRED AND FIFTY (150) DAYS AFTER THE START OF WORK. NINE THOUSAND ($9,000.00) DOLLARS ONE HUNDRED AND EIGHTY (180) DAYS AFTER THE START OF WORK. NINE THOUSAND ($9,000.00) DOLLARS TWO HUNDRED AND TEN (210) DAYS AFTER THE START dl' WORK'. _ TEN THOUSAND ($10,000.00) DOLLARS SHALL BE PAID UPON THE COMPLETION AND ACCEPTANCE BY TAXING AGENCIES OF THE ENTIRE VALUATION AND APPRAISAL, AND THE FINAL BALANCE OF ONE THOUSAND EIGHT HUNDRED AND FIFTY ($1,850.00) DOLLARS UPON FINAL HEARINGS BY THE BOARDS OF EQUALIZATION OF BOTH THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICTu APPRAISER ERIKIEHRENSORG SHALL PERSONALLY SERVE UP TO TWENTY (20) CALENDAR DAYS IN ADVIISORY CAPACITY WITH EACH OF SUCH BOARDS OF EQUALIZATION TO DEFEND AND SUBSTANTIATE PROPOSED VALUATIONS WITHOUT EXTRA CHARGE. IF EITHER OF SUCH BOARDS MEET LONGER THAN TWENTY DAYS, AND A WRITTEN REQUEST IS MADE FOR ATTENDANCE BY APPRAISER, A FEE OF FIFTY ($50.00) DOLLARS PER CALENDAR DAY WILL BE CHARGED THE RESPECTIVE TAXING AGENCY MAKING THE WRITTEN REQUEST F ®R SUCH EXCESS TIME. PAYMENT OF THE SUMS OUTLINED ABOVE SHALL BE MADE TO THE ERIK EHRENBORG APPRAISAL COMPANY C/O CITY HALL, CORPUS CHRISTI, TEXAS. (B) IT IS MUTUALLY AGREED AND UNDERSTOOD BY BOTH PARTIES TO THIS CON- TRACT THAT SUCH CONTRACT MAY BE CANCELLED BY TAXING AGENCIES AT ANY TIME DURING THE LIFE OF SUCH CONTRACT AT THE OPTION OF SAID TAXING AGENCIES BY GIVING APPRAISER FIFTEEN (15) DAYS NOTICE IN WRITING BY REGISTERED MAIL TO HIS ADDRESS AT 9533 BISCAYNE, DALLAS TEXAS. IN THE EVENT OF SUCH CANCELLATION TAXING AGENCIES SHALL COMPENSATE APPRAISER FOR ALL WORK COMPLETED IN ACCORDANCE WITH HIS SCHEDULE OF PERFORMANCE ON DATE OF CANCELLATIONS BUT IN NO EVENT SHALL THE COMPENSATION EXCEED THE SUM DUE UNDER THE PAYMENT SCHEDULE SHOWN ABOVE. IN THE EVENT OF SUCH CANCELLA- TION ALL MAPS PLATS AND OTHER RECORDS INCIDENTAL TO THE APPRAISAL SHALL BECOME THE PROPERTY OF THE TAXING AGENCIES. (C) SHOULD TAXING AGENCIES PROVeDE ANY PERSONNEL OR MATERIALS TO APPRAISER IN CONNECTION WITH THE ABOVE DESCRIBED SURVEY, APPRAISER SHALL REIMBURSE TAXING AGENCIES FOR SALARIES OR SERVICES FURNISHED. (D) TAXING AGENCIES SHALL FURNISH APPRAISER OFFICE SPACE, IF AVAILABLE, WITHOUT EXPENSE TO APPRAISER. 9. (A) THIS CONTRACT SHALL START AND BECOME OPERATIVE FIFTEEN (15) DAYS AFTER APPROVAL OF SUCH CONTRACT BY TAXING AGENCIES. (B) THIS CONTRACT SHALL BE COMPLETED BY APPRAISER BY 15 MAY, 1954. WITNESS OUR HANDS IN QUINTUPLE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL. ERIK EHRENBORG APPRAISAL COMPANY.. ATTEST- BY SECRETARY ERIK EHRENBORG CITY OF CORPUS CHRISTI, TEXAS ATTEST- BY CITY SECRETARY RUSSELL E. MCCLURE, CITY MANAGER APPROVED AS TO LEGAL FORM: CITY ATTORNEY LOWER NUECES RIVER WATER SUPPLY DISTRICT ATTEST- BY VICTOR • 4GGLI, GENERAL MANAGER SECRETARY CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ATTEST; BY ERNEST N. MILLS, PRESIDENT MRS. HARRY EATON, SECRETARY CORPUS CHRISTI JUNIOR COLLEGE DISTRICT BY ATTEST: CHAS. A. CLARK, CHAIRMAN OF THE 'BOARD OF REGENTS WILLIAM F. WHITE, JR. SECRETARY -5- CORPUS CHRISTI, TEXAS 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FOIRTH 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, HEREBY 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 CITY OF PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3 5�tq