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HomeMy WebLinkAbout15185 ORD - 10/24/1979nh:10-22-79:1st 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 TWO PARCELS FOR THE FLOUR BLUFF GARDENS LIFT STATION AND LATERALS PROJECT, AS MORE.FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE 250 SANITARY SEWER BOND FUND, PROJECT 250-77-11, THE SUM OF $920.00 FOR SAID SERVICES; 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 authorized to execute an apprai- sal agreement with Sidney H. Smith, III for real estate appraisal services for the acquisition of two parcels for the Flour Bluff Gardens Lift Station and Laterals Project, as more fully set forth in the agreement, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 250 Sanitary Sewer Bond Fund for the aforesaid appraisal services for Project No. 250-77-11 the sum of $920. SECTION 3. The necessity to provide the sums hereinabove described at the earliest practicable date in order that the project may proceed without delay 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 that such emergency and necessity exist, 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 ACCORDINGLY SO ORDAINED, this the 2 day of October, 1979. ATTEST: City Secretary APPROVED: 2.3,,,j DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assisiantity Attorney -1 r, CITY OF CORPUS CHRISTI, TEXAS 1,5185 via,V3 \-MEP pUG 2 81980 TEE STATE OF TEXAS COUfTY OF RECCES ) REAL ESTATE APPPAISAL CONTRACT 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 Appraisals of two (2) easement parcels subject to possible Pminent Domain action, said properties are to be acquired by the City in connection with the Flour Bluff Gardens Lift Station and Laterals. Legal des- criptions of the parcels are attached. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for 2 parcels as per attached legal descriptions. The City reserves the right to amend the legal des- criptions of the parcels if necessary. (2) Submit one appraisal package consisting of three (3) bound conies covering 2 parcels. One part of the report will include all the general information relating to the area and city, definitions, trends, etc. The other part will exclude the general information and focus attention on highest and best use, comparables, photo- graphs and value of each of the 2 parcels. The report should show the approaches used in determining the appraised value for each parcel. (3) The Appraiser will provide appraisals of said parcels as assigned within 30 days after the City has furnished all necessary data to ccmplete each assignment. (1+) The Appraiser agrees to share information on co parable sales in the area in a cooperative manner with other appraisers appraising in the area for the City. 1610 -1- (5) The Appraiser agrees to coordinate all work with the City Property and Land Acauisition Division and shall submit all resorts to Property and Land Acauisition Division_, 1801 North Chaparral, Corpus Christi, Texas 78401 upon completion. (6) The Appraiser agrees that he will make a personal inspection of each parcel to be appraised and discuss with the owner or owners where possible in order to get his (her) (their) assistance in providing information 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 ad- vance 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 ap- praisal services, whether contained within the appraisal report to the City or not, is to be treated as confidential 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 reauest, to make preparations for Court testimony and appear in Court to testify, in support of his appraisal, for a fee of $ 240.00 per day. If there are separately held interests in the real property to be acquired (such as easements, leaseholds, tenant -owned i.mprovemen_ts, life estates, etc.), the appraisal shall include an apportionment of the total just compensation to each separately held interest to be acquired. Acquisition will not include mineral rights. The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. 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. 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 (8) -2 - (12) and any other inforc.ation relating to professional aualificaPions. 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 prospective, in any property described in this agreement here- of 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 sub- mission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished here- under, any person having any such interest, and until such pro- perty is acquired by the City or excluded 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 in- terests and will not, for their own account or for other than the City, negotiate for any of said property, perform services in connection with said property, or testify voluntarily 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 parcels. (2) Furnish 4 copies of drawings of the parcels to be taken. (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 as discussed in Paragraph 2 herein, the City agrees to pay the Appraiser the sum of NINE HUNDRED TWENTY DOLLARS AND NO CENTS ($920.00 ) for the total e;sign- ment with payment to be made upon completion of total assignment. D. Termination: The City.reserves the right to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected parcels which the City desires to delete. -3- In either case, the City agrees to nay the Appraiser only for the -.•crc :there completed appraisals have been submitted at the time of termination.. E. Assignability: The Appraiser shall not assign, transfer or delegate any of his obligations or duties of this contract to any other person with- out crier written consent of the City except for routine duties de1e;: ted to personnel of the Appraiser's staff. EXECUTED in triplicate, each of which shat be considered an original, this the day of , 19 ATTEST: City Secretary APPROVED AS TO LEO.a1, FORM THIS / DAY OF CJS Ci! , 19 7 THE CITY OF CORFUS CHRISTI By R. Marvin Townsend, City Manager City of Corpus Christi, Texas Director of Fin$r1ce Real Estate Appraiser FLOUR BLUFF GARDENS Sanitary Sewer improvements Parcels 1 and 2 Metes and Bounds Being a 40.0 foot square tract of land for a sanitary s'wer lift station and a 10.0 foot wide strip of land for a utility easement out of Lot 25, Section 48, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the Southerly right-of-way line of 40 foot wide Blossom Street, said point being the most Northerly corner of Lot 13, Block 1, Flour Bluff Gardens, as shown by map of record in Volume 11, Page 27, Map Records, Nueces County, Texas; Thence N. 290 02' E., along an extension of the Westerly boundary line of said Lot 13, a distance of 40.0 feet to a point on the Northerly right-of-way line of said Blossom Street for the beginning point of the tracts of land herein described; Thence N. 60° 58' W., along the Northerly right-of-way line of said Blossom Street, a distance of 20.0 feet to a point; Thence N. 29° 02' E., a distance of 40.0 feet to a point being the most Northerly corner of the abovementioned life station site. Thence S. 60° 58' E., a distance of 40 feet to a point being the most Easterly corner of said lift station site; Thence S. 29° 02' W., a distance of 30.0 feet to a point being the beginning point of the abovementioned utility easement; Thence S. 60° 58' E., along a line that is 10.0 feet Northeast of and parallel to the Northerly right-of-way line of said Blossom Street, a distance of 136.71 feet to a point on the Westerly right-of-way line of 80.o foot wide Waldron Road; Thence S. 29° 02' W., along the Westerly right-of-way line of said Waldron Road, a dis- tance of 10.0 feet to its intersection with the Northerly right-of-way line of above- mentioned Blossom Street; Thence N. 60° 58' W., along the Northerly right-of-way line of said Blossom Street, at 136.71 feet pass the most Southerly corner of said lift station site, in all a distance of 156.71 feet to the place of beginning and containing 3,167.10 square feet of land, more or less. Together with a 50.0 foot wide temporary construction easement contiguous with the Northwest, Northeast and Southeast sides of the above described lift station site. Said temporary construction easement to be used for working room, storage of material and equipment and shall be abandoned six (6) months after completion of the project for which it is required. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 18, 1979 I certify—to the City Council that $ 920.00 , 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 250 Sanitary Sewer Bond Fund Project No. 250-77-11 Project Name Flour Bluff Gardens Lift Station and Laterals from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • FIN 2-55 Revised 7/31/69 Corpus Christi, Texas 21/ day of /deJA, , 192 ' 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, MAYOR THE C The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky (IPrOF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15185