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HomeMy WebLinkAbout05080 ORD - 07/02/1958.EB:7 /1/5$ 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, A CONTRACT WITH ROY WENZLICK & CO. FOR THE APPRAISAL AND EVALUATION OF PARCELS WITHIN THE PROJECT AREA FOR THE PURPOSE OF CARRYING OUT THE PROJECT PURPOSES IN THE ACQUISITION AND REDEVELOPMENT OF SUCH PROPERTY, AS MORE SPECIFICALLY. DESCRIBED IN SAID CONTRACT, 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, A CONTRACT WITH ROY WENZLICK & CO. FOR THE APPRAISAL AND EVALUATION OF PARCELS WITHIN THE PROJECT AREA FOR THE PURPOSE OF CARRYING OUT THE PROJECT PURPOSES IN THE ACQUISITION AND REDEVELOPMENT OF SUCH PROPERTY, AS MORE SPECIFICALLY DESCRIBED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR THE IMMEDIATE EXECUTION OF THE CONTRACT 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 IN- TRODUCTION 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 FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORJDINGLY SO ORDAINED. PASSED AND APPROVED, THIS p. DAY OF JULY, 195$• ATTEST: MAYO A /q THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRET APPROVED AS TO LEGAL FORM THIS 1ST DAY OF JULY, 1990: AXQT --NNG II TTY ATTORNEY r r" /•'CSI• ` �• ? - .. .,. ' FOR REUSE APPRAISAL OF REDtEVELOPMNT MR -,TH18 AGRSSME NT, eabered into this day o[• �y+ 1 by and between the City of Corpus Chrlsti, Texas, bereft after referred "Laca1 Publtc AgeWy," and Roy Wenzlick Co., hereinafter referred to ;#Tse "A,ppraiser, •• ~'t ' x £NESSETH: WOREAS the Local Public Agency pro3oses to dispose of certain prop- tnafter referred to as the "sites,' after the same have been cleared ! ' . ,�tl deinolftlon and/or removal of certain strnctm es and improved, as shown on a �M1 f map or amps, containing information more specifically enumerated :.;�;,�rfrnafter In Paragraph 2 hereof, and located within the boundaries of an area ,irrtd to as the 4 Project Area, " more particularly described hereinafter in -lParli�taph'14 hereof, and desires to obtains, final appraisal of each site, as- yshmtn* u is prepared for redevelopment as proposed, and an analysis of . stir tabitity of all of tins sites within the Project Area, " ',N0W,',TffERJCF0RR, the Local Public Agency and the Appraiser, for the " ' considerations and under the conditions hereinafter set forth, do agree as `' = follows: 1:.' The Appraiser agrees to: a. Consult with and advise the Local Public Agency, at such time, or - times as may be mutually convenient for the parties to this Cgntract, regarding the functions performed and to be performed hereunder and the real estate aspects of the Local Public Agency's plans and pro - grams which are related to the reports prepared and to be prepared by the Appraiser under this contract. b. Furnish the Local Public Agency any suggestions for modification of the proposed redevelopment plan} which the Appraiser believes would enable the Kcal Public Agency to accomplish the objectives . '- of the project more effectively. c. Make recommendations to the Local Public Agency as to the most practicable disposal units to be adopted. d. &lake recommendations to the Local Public Agency as to the method of offering the property, r i •� b e. Appraise each of the sites. f. Make such inspections, Investigations, and studies as are necessary- or appropriate to enable the Appraiser to perform properly the functk= to be performed by the Appraiser under this contrast. should generally be predicated, among other factors, upon comparison of the site with other similar properties. In making such comparisons, appropriate allowance should be made for all differences which are pertinent as to the de- sirability for the proposed new use or uses of the site and the properties with which it is compared. These compari- sons should also take into account such factors as the exis- tence or absence of structural improvements on the prop- erty, location of the property, its surroundings, distance from business centers, location of improved streets and roads, location of industries, condition and appearance, and other relevant factors. The income - producing poten- tialities of the site when redeveloped for the proposed new use or uses should also be considered. (f) In the event the use specified in the redevelopment plan Is a public use or a private nonprofit use and such use is a type of use for which there is no established market, the Appraiser, in addition, shall furnish an opinion of the value of such site for use for the most appropriate alternative use or uses compatible with the redevelopment plan for the Project Area as a whole (including residential, commercial, or other uses, or a combination thereof). (g) Other information and analyses considered by the Ap- praiser to be relevant to the marketability, the valuation, or the formulation by the Local Public Agency of its pro- gram for disposal of the site. 2. The local Public Agency agrees to furnish to the Appraiser: a. Two (2) copies of a disposal map, or maps, drawn to scale and showing the entire Project Area and the proposed boundaries of each site, and further showing: (1) The dimensions and land area of each site. (2) Topographic lines and conditions of the surface which are to be established for each site. (3) Utilities to be available to each site, including sewers, water, gas, and electricity. (4) Rights -of -way for streets, driveways, and walks or sideway, adjacent or providing access to each site, including widths and types of paving. (5) Easements, if any, to be reserved. (B) Planting and landscaping of public or neutral areas. b. A statemept of the conditions and restrictions proposed to be imposed on each site' and on the redevelopers of such sites, in the contracts for conveyance or lease and in the conveyancer or leases of the land, includ- ing all conditions and restrictions with respect to the development and use of the land and the time of beginning and completion of the building of im- provements thereon. -3- _•:may ,,; All arOlaKe information as to proposed waft and as to ned rYgnlat#ans, or restrictions, pertaining to the Project Aarm /lcCeQa to and permission to inspect, at reasonable times and wader a�bI 'conditions an y plans, publications, report, statistics, , records, or other data or information (except appraisals by otisora and iaiorms Im considered confidential by the Local Public A OO) Prepred or owned by the Local Public Agency and relevant the'subject matter of the services to be furnished by the Appraiser this cc atract. 7; The Local Public Agency and the Appraiser agree that the appraisals of %d landvalnes'phau he hosed on the following assumptions; a.• That All ftnt(ers Of property, 'Whe%ey by axle or 1 shall q ease, be - "�•,y° a based apps the binding condition that such sites shall be developed in ac- cord4nch with the redevelopment plan and that actual utilisation of such Lads shall be begun by the purchaser or his agents within a reasonable '''time Sbse�nent to the translsr. b. That if there are, at the time of.appraiaal, restrictions on the use of materials or labor which would prevent a purchaser of the land from con- atructIOD improvements in accordance with the redevelopment plan, the Appraiser, shall estimate the fair value of the land for use in accordance with Qie redeVelopfnent plan under the atsamptios that such restrictions are not in effect, and shall, in addition, give the Appraiser's. estimate of the a3dent to which the existence of such restrictions impairs such value. 4. The Local Public Agency reserves the right to request, and the Appraiser Wees to furnish, any additional Information pertinent to the appraisal and the analysis and not contained in the appraisal reports. 5. The performance of services or acceptance of the reports required here- under shall not relieve the Appraiser from obligation to correct any defective work, whether previously or subsequently discovered, anO all incomplete, in- accurate, or defective work shall be rembdied by the Appraiser on demand without cost to the Local Public Agency. 6. The Local Public Agency shall pay to the Appraiser compensation for all services performed hereunder in the total amount of $ 6,000 , which shall include such additional or supplemental data as may be require under Paragraph 4 or Paragraph 5 hereof. 7, The Appraiser's rights, obligations, and duties under this contract shall not be assigned or transferred in whole or in part (whether by assignment, novation,` or otherwise), but this provision shall not prohibit the assignment Of proceeds due or to become due hereunder. This contract may be assigned by the Local Public Agency to any corporation, agency, or instrumentality having authority to accept the assignment. 8. None of the work or services covered by this contrast shall be subcontracted, 9. The Appraiser agrees that any and all reports prepared and conclusions reached hereunder are for the confidential information of the Local Public Agency and that neither the Appraiser nor any member of the Appraiser's personnel will disclose any of the same in whole or in part to any person whatsoever or discuss the same with any person whatsoever, other than the Local Public Agency or its -4- avtborised representatives, except when called upon to testify in relation to ?; such report or conclusions under oath in it judicial forum, or as may be other- °3 wise required by law. - 10. As an indvaement to the execution of this agreement by the Local Public Agency, the Appraiser represents and agrees that the Appraiser has not era - � �,Ooyed any peraoa to solicit or procure this contract, and has not made, and ,will not make, say payment or any agreement for the payment of any commis- ' sion, percentage, brokerage, contingent fee, or any other compensation in connection with the procurement of this contract; and that the Appraiser has not now and will not acquire, prior to the disposition of all the sites by the ''� i Local Public Agency, any interest (including that of real estate agent or ` �� , -? - brober director indirect s j , ,pre eat or prospective, in any of the sites of the . Project Area, and has not employed, and will not employ, in connection with work to be performed hereunder, any person having any such interest during ;p. the term of this contract, either directly or indirectly. _t:: 11. There shall be no discrimination against any employee who is employed to the work covered by this contract, or against any applicant for such employ- meat, because of race, religion, color, or national origin. This provision shall include, but not be limited to, • the following: Employment, upgrading, ` demotion, or tWofer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for "`. training, including apprenticeship. 12. No member of or delegate to the Congress of the United States of Amer- lea, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. 19. 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 in- directly interested; nor shall any member, officer, agent, or employee of the Local Public Agency have any interest, direct or indirect, in this contract or the proceeds thereof. 14. The Project Area is described as follows: -5- BEGINNYNG at a point on the east right -pf -way line of Tancahua Street 180 feet south of the center line of Antelope Street; Thence westerly parallel to and 180 feet south of the center line of Antelope Street to the west right -of -way line of Lester Street 180 feet south of the center line of Antelope Street; Thence northerly along the west right -of -way line of Lester Street to the south right -of -way line of Antelope Street; thence westerly along the south right -of -way line of Antelope Street to the east right -of -way line of the Missouri Pacific Railroad along Leary Street; Thence northeasterly along the east right -of -way line of the Missouri Pacific Railroad tracks to a point 115 feet northeasterly of the center line of Nueces Street; Thence easterly 80 feet to a point on the east right of way line of Priour Avenue and located 175 feet northeasterly of the center line of Nueces Street; Thence southwesterly along the east right -of -way line of Priour Avenue for 14.22 feet; Thence by course S 600 - 36' E for 500 feet; thence by course N 290 - 24' east for 157.13 feet; thence by course N 240 - 25' E for 132.29 feet; thence by course N 50 - 41' W for 85.56 feet; thence by course N 430 - 37' E for 316.29 feet; thence by course N 60 - 48' W for 78.50 feet; thence by course N 140 - 43' E for 48.06 feet; hence by course N 150 - O1' E for 363.30 feet; thence by course N 14 - 49' - 30" E for 297.92 feet; thence by course N 240 - 10' - 30" E for 194.41 feet; thence by course N 240 - 10' - 30" E extended to the south right -of -way line of the Missouri Pacific Railroad along West Broadway; Thence easterly along the south right -of -way line of the Missouri Pacific Railroad and the northeast boundary line of West Broadway ex- tended to its intersection with the east right -of -way line of Upper North Broadway; Thence southerly along the east right -of -way line of Upper North Broadway to the south right -of -way line of Winnebago Street; Thence along the south right -of -way line of Winnebago Street to the east right -of -way line of Carancahua Street; Thence along the east right -of -way line of Carancahua Street to the south right - -of -way line of Antelope Street; thence along the south right -of -way line of Antelope Street to the east right -of -way line of Tancahua Street; Thence along the east right -of -way line of Tancahua Street to a point 180 feet south of the center line of Antelope Street and the point of beginning. - 5 -A - r i 15. As used in this contract, the term "site" means any one or more tracts designated as a site on the disposal map or maps. 16. The term "redevelopment plan" as used in this contract meanst "The i tentative redevelopment plan to be developed by the Local Public Agency." IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in quadruplicate on the day and year first above written. In the presence of: Roy Wenzlick & Co. 706 Chestnut St. • St• ou siMo*,_ Appraiser --- -- - -- Byt ATTESTS City of Corpus Christiijexas Local Public Agency Title By Title — ~ - 6 - COR US CHRISTI, TEXAS 7t, 1958 TO THE MEMBERS 'OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: , FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING. ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT_THAT NO ORDINANCE OR RESOLU- TION 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 Hb4EBY_REQ U EST THAT YOU SUSPEND SAID 4.HARTER 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, I T�4, MAYOR THE CITY OF CORPUS CHRIST -I, TEXAS THE - CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ` FARRELL D. SMITH t, W. J. ROBERTS, B. E. BIGLER Q MANUEL P. MALDONADO L, t- CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: /f FARRELL D. SMITH V' W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS J ARTHUR R. JAMES CL <. ODELL INGLE t ,f