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HomeMy WebLinkAbout05079 ORD - 07/02/1958EB:7 /1/58 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AS THE LOCAL PUBLIC AGENCY IN CONTROL OF THE PROJECT AREA OF THE URBAN RENEWAL PROJECT OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT FOR APPRAISALS FOR FINAL PLANNING REPORT WITH THOMAS N. GIVENS AND R. V. COULTER. AS MORE SPECIFI- CALLY DESCRIBED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AS THE LOCAL PUBLIC AGENCY IN CONTROL OF THE PROJECT AREA OF THE URBAN RENEWAL PROJECT OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT FOR APPRAISALS FOR FINAL PLANNING REPORT WITH THOMAS N. GIVENS AND R. V. COULTER, AS MORE SPECIFICALLY DE- SCRIBED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR THE IMMEDIATE EXECUTION OF THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND IM- PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINAL? ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS DAY OF JULY, 1958 n< ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRET Y APPROVED AS TO LEGAL FORM THIS 15T DAY OF JULY, 1 58:. rI TY ATTORNEY h p,. AGREYMENT FOR APPRAISALS FOR FINAL PLANNING R9P6RT THIS AGREEMENT, entered into this day of , ' -?' =. 1958, by and between the City of Corpus Christi, State of Texas, herein - ,s'x after "ferred to as the "Local Public Agency," and Thomas N. Givens and s R. Y. Coulter', hereinafter referred to as the •Appraises.• WITNE8SETH THAT& , WHEREAS, the Local Public Agency proposes to acquire certain property hereinafter referred to as the Project Area (more particularly described hereinafter) and desires to obtain an appraisal of each such J parcel, including all improvements, structuresp appurtenances, or ether elemtnts•of value; and WHEREAS, the Appraiser represents that he is authorized and quali- fied'te make such appraisal and is familiar with recognized appraisal ` practices and with the standards required for determining values in eminent domain proceedings; NOW THEREFORE, the Local Public Agency and the Appraiser, for the considerations and under the conditions hereinafter set forth, do agree as follower 1. The Appraiser agrees top a. Make a personal inspection of each parcel identified in the list of parcels accompanying this agreement and made a part thereof, including all improvements, struc- tures, appurtenances, or other elements of value thereon or thereunto belonging, and to advise the Local Public Agency in a written report of his opinion of the fair market value of each such parcel to be acquired. b. Verify, insofar as is practicable, all recent sales of the property appraised, and all recent sales of comparable property which the Appraiser has taken into consideration as reflecting the fair market value of the property ap- praised. c. Complete said report in 30 consecutive calendar days fol- lowing notification by the Local Public Agency to proceed v;K\ w�- _ _. _ n[3blYF�• 'ifR' °R4P," ... _ . _. —_. _ ____ ._... ; .w!+— ..fir -•iK'i is.rr. 2 with the services required by the execution of this" " agreement. In this connection, it is understood that all information, data, plats, exhibits and other mater- ial which are to be furnished the Appraiser by the Local Public Agency as set out in this agreement will be on hand and available to the Appraiser when needed by him in the preparation of the appraisals. Any delay in eb- taining this information may extend the time of the contract at the option of the Appraiser. 2. The report, to be comprised of the several individual parcel appraisals for acquisition, in one original and three carbon copies, shall, in form and substance, conform to recognized appraisal practices and to the principles of evaluating prop- erty for determining values in eminent domain proceedings. 3. The report shall, among other things, contain the followings a. The Appraiser's opinion of the fair market value of each parcel including improvements, structures, appurtenances, or other elements of value, excluding all items not real estate. In the event that the parcel is improved, he shall state the estimated age, dimensions, kind, char- acter and condition of each of the various structures, improvements, or fixtures appertaining to the propetty together with the Appraiser's opinion of the property's highest and best use and an allocation of the value and utility of each such structure, improvement, fixture (or other element of value) in relation to the highest and best use to which the property, in the Appraiser's opinion, is adaptable. It shall include a photograph of this property. b. Any and all circumstances found by the Appraiser to exist with respect to unlawful condition, use, or occupancy of the property being appraised shall be considiqred in estim- ating the market value of the property involved. c. The names and addresses of the owners of the `property and the date and place of recording the instrument of convey- ance under which the owners claim title. This data will be furnished by the Local Public Agency. d. The assessed value of the property and the amount of the r — + — current real estate•tax•1'evy set forth according to each ^ individual taxinq*body of the community and any special asaeasments against any Property to be appraised, which 1 .y ,,♦ s , y data will be furnished by the Local Public Agency. e. A statement showing recent sales of the property appraised c known to the Appraiser, and a statement of similarly Nb� mows solos of comparable property which the A _ ppraiser hoe taken into consideration in estimating the fair market value of the subject F Property. The statement.covoring sales of comparable properties shall indicate the factors �^ of cos�parsbility and shall set forth the names of the grantor or•grentee, a general description of the property and its Condition, date of transfer, place of recording Of the conveyance, and map, diagram, o: other information Indicating the location of such oohs in relation to the subject property. f. No severance cases will be involved in the contract. g. A statement of the rental value of the property. h. A statement as to existing utilities serving the property; utilities available to the property but not being used; a brief description of the character of street improvements approximate to the site of the property appraised; and a statement showing transportation, school, marketing, and other miscellaneous facilities such as churches, parks, Playgrounds, and public libraries. i. A scale plat of the parcel being appraised. J. A list of the properties or any portion thereof subject to Special assessments; if any, the nature, amount, and num- ber of years during which payments must be made. k. A statement of all factors taken into consideration by the Appraiser believed by him to influence, either favorably or unfavorably, the market value of the Project Area; to- gether with a statement concerning the activity of the real estate market in the immediate area within and sur- roundin$ the Project Area during the past few years and current market conditions. 4. The performance of Services or acceptance of the appraisal reports required hereunder shall not relieve the Appraiser from oblige- 4 9. The Appraiser's obligations and duties under this contract shalt Lion to correct any defective, work subsequently discovered, and all incomplete, inaccurate, or defective work shall be remedied by the Appraiser on demand without cost te,;the Local Public Agency. 5. -In the event that the testimony of the Appraiser is required in any legal proceedings in connection with the Local Public Agenoy*a acquisition of the property herein referred to, the Appraiser agrees to appear as a witness on behalf of the Local Public Agency and agrees that the fair and reasonable compensation for his services shall be the sum of S 100.00 per day for each full day's attendance in court. In the event such attendance shall be one -half day or less, compensation shall be made on the basis of S 50.00 for such half day. The Appraiser shall keep such personal records of all details with respect to the ap- praisal of parcels as will enable the Appraiser to appear as such witness. 6. It is understood and agreed that the Appraiser shall receive compensation for services performed hereunder in the total amount of S 2,200.00, payable upon completion upon presentation of a requisition based on work completed. 7. The Local Public Agency shall furnish a sap or plat of the Pro- ject Area and the legal description and dimensions of the parcels. On such map the parcels shall be designated by num- ber, and in the appraisal reports the numbers shall correspond with the numbers shown on the map or plat of the Project Area furnished by the Local Public Agency. The Local Public Agency shall also furnish the tract ownership data required to be in- cluded in the appraisal report by Paragraph 3c hereof. 8. The Local Public Agency may at any time by notice in writing to the Appraiser exclude any parcel or parcels from the operation of this contract, or for reasons beyond its control terminate this agreement, and in such event equitable adjustment shall be made for all work completed and accepted prior to such exclusior and for any substantial amount of work or service performed to the date of such •xclus #on but not in such fors that it can be accepted by the Local Public Agency, such adjustment in no event to exceed the total amount provided in Paragraph 6 hereof. 9. The Appraiser's obligations and duties under this contract shalt K not be assigned in i$cle or in part, but this shall not pro - hibit the assignment of the proceeds due hereunder to a bank or financial institution. This contract may be assigned by r: the Local Public Agency to any corporation, agency, or instru— Mentality authorized to accept such assignment. ' 10. The Appraiser agrees that his report and conclusions are for V' the confidential information of the Local Public Agency and that he will not disclose his conclusions, in whole or in part, to any person whatsoever, other than to submit his written re- port to the Local Public Agency, and will only discuss the same with it or its authorized representatives. 11. In the event of breach of any condition or provision hereof, the Local Public Agency shall have the right, by prior written notice to the Appraiser, to terminate the employment of the Appraiser hereunder and cancel this contract and have the work thus cancelled otherwise performed, without prejudice to any other rights or remedies of the Local Public Agency. The Local Public Agency shall have the benefit of such work as may have been completed up to the time of such termination or cancella- tion, and with respect to any part which shall have been de- livered to and accepted by the Local Public Agency there shall be an equitable adjustment of compensation, which in no event shall exceed the total amount provided in Paragraph 6 hereof. 12. The term "parcel ".as used herein means any contiguous tract of land in the same ownership whether such tract consists of one or more platted lots or a fractional part thereof. 13. It is understood that the time within which the work is to be performed is of primary importance and of the essence of this contract. The Appraiser rill proceed with the work hereunder in such sequence and order as to the different parcels a$ the Local Public Agency may, in writing, direct, and will furnish and deliver the appraisal report to the Local Public Agency as soon as completed. 14. As an inducement to the execution of this agreement by the Local Public Agency, the Appraiser represents and agrees that the Appraiser has not employed any person to solicit or procure this contract, and has not made, and will not make, any payment or any agreement for the payment of any commission, percentage, - 6 - brokerage, contingent fee, or .other compensation in connection with the procurement of this contract; and that the Appraiser has net now, and will not acquire, any interest (including that of real estate agent or broker), direct or indirect, • present or prospective, in any of the parcels in'the Project Area prior to acquisition of all the parcels bj the Local Public - Agency; and has not employed and will not employ in connection ' with work to b' performed hereunder any person having any such interest during the term of this contract either directly or -.. indirectly. 15. There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any applicant for such employment, because of race, religion, color, or national origin. This provision shall include, but not be limited to, the following* Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and . ' selection for training, including apprenticeship. 16. No member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefits to arise herefrom. 17. No member of the Local Public Agency shall participate in any decision relating to this contract which affects his personal Interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested; nor shall any member, officer, agent, or employee of the Local Public Agency have any interest direct or indirect in this con- _ tract or the proceeds thereof. 18. The Project Area is described as follows* Bounded% (1) on the northeast by the east R —O —M line of M. Broadway which is parallel by the M. P. R. R. yard tracks; (2) on the west by the property of the General American Trans- portation Company and a spur of the M. P. R. R. (single tracks); (3) on the south the area boundary runs midway through the blocks between Antelope and Buffalo Streets and parallel to them; and (4) on the east the area boundary follows the outside R —O —w line of parts of Tancehua, Carancahua, and North Broadway Streets. i .19. Properties to be appraised•are'ss follows: r 1. Bluff Addition, Block 371 Lots - N. 1/2 Lot 3, Lots 4, 9, 10, 11 and 12. s ;h 2. Bluff Addition, Block 56; Lote-1 through 12 and Lots :,. 50 6, 7 and 8 in Block 57. 3. Bluff Addition, Block 49{ Lots 3 and 4. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate on this day of Appraiser Appra'iaor In the presents' oft Local Public Agency By Approved as to legal form and legal adequacy. Attorney -at -law. 9 C S CHRISTI, TEXAS / 1958 TO THE MEMBERS'OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE - 601NG. ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR-THE SUSPENSION OF THE THE RULE OR REQUIREMENT THAT NO ORDINANCEOR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS (NTRODUCEO AND THAT SUCH ORDINANCE OR'RESOLUTION SHALL BE'READ,AT THREE MEETINGS OF -THE CITY •� T COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR'REQUIREMENT AND PASS THIS ORDINANCE'FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE.CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH CZ _ W. J. ROBERTS `7 B. E. BIGLER MANUEL R. MALDONADO CHARLIE J. ,ILLS --- ��'- -C ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: I, FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. ,ILLS ARTHUR R. JAMES ODELL INGLE t y.