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HomeMy WebLinkAbout15321 ORD - 01/23/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH III FOR REAL ESTATE ti„_ APPRAISAL SERVICES FOR THE ACQUISITION OF TWO PARCELS FOR THE ELLA BARNES UNIT 1B STREET IMPROVEMENT PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARK- ED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 162 FEDERAL- STATES GRANT FUND, ACTIVITY 4741, CODE 501, 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, THE SUM OF $200.00 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 and he is hereby authorized to execute an appraisal agreement with Sidney H. Smith, III, for real estate appraisal services for the acquisition of two parcels of land for the Ella Barnes Unit 1B Street Improvement 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". SECTION 2. That there is hereby appropriated out of the No. 162 Federal -States Grant Fund,_acti_v_ity_4741, Code 501, 4th Year Community Deve- lopment Block Grant, the sum of $200.00 for the aforesaid services. 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 emer- gency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shallCbe 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 de- clared 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 from and •,,ME j MICROFILMED AUG 2 81980 15321 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ?3 day of January, 1980. ATTEST: ''631 Ci ecretary APPROVED: 3 DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By ssistant Ci jT orney J MAYOR pro:7em THE CITY OF COR 'I . RISTI, TEXAS REAL ESTATE APPP,AIBAL CONTRACT THE STAT. OF TEXAS COUNTY OF NIECES 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 ("Pasty of the Second Part") being referred to as "Appraiser", and pertains to the preparation of Real Estate Appraisal for two (2) Parcels subject to possible Eminent Domain action, said property is to be acquired by the City in connection with the Ella Barnes Street Improvements A,legal description of the Parcels are attached. NOW THEREFORE, the City and the Appraiser agree as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for two (2) Parcels 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 submit all reports to the. Property and Land Acquisition Division, 1801 N. Chaparral, Corpus _1_ 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 ower or owners where possible in order to get his (her) (their) assistance in providing in- formation on subject orooerty. 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 his appraisal, for a fee of $240.00 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 include 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 and any other information relating to professional qualifications. (12) In agreeing to the terms of this contract the appraiser hereby certifies that he (she) doe notrhave any interest (including that of real estate broker or agent), direct or indirect, present or prospec- tive, in any prorerty described in this agreement hereof or in the sale thereof, or any other .merest, 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 arty such interest, and until such property is acquired by the City or ex- cluded from its project, the Appraiser and aroy 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, nes-otiate for aoy 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) Furnish 4 copies of drawings of the Parcel to be taken and 4 copies of a map embracing the project area. (3) Provide information on ccmpazables 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 TWO HUNDRED DOLLARS AID NO CENTS ( $200.00 for the total assignment.. -3- D. Termination: The City reserves the right to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected Parcel which the City desires to delete. In either case the City agrees to ray the Aporaiser only for the work -mere completed appraisal has been submitted at the time of termination. E. Assignability: The Appraiser shall not assign, transfer or delegate any of his obli— gations or duties of this contract to any other person without prior written consent of the City except for routine duties delegated to personnel of the Appraiser's staff. ATTEST: EXECUTED IN TRIPLICATE, each of which shall be considered an original, this day of , 19 THE CITY OF CORPUS CHRISTI By: City Secretary R. Marvin Townsend City Manager Approved as to legal form this /e) day of 411.- , 19 k2). /'City Atto Directo of Financ _4_ Real Estate Appraiser ' ELIA1 BARNES Street Improvements -Unit 1-$ Metes and Bounds Parcel 1 Being an irregularly shaped tract of land out of Lot 12, Block 16, Meadow Park Addi- ' tion as shown by map of record in Volume 4, Page 52, Map Records, Nueces County, Tex- as and more particularly described by•metes and bounds as follows: Beginning at the point of intersection of the south right-of-way line of 40.0 foot wide Huron Street and the west right-of-way line of 40.0 foot wide Osage Avenue, ,said point being the northeast corner of abovementioned tot 12, for the beginning point of the tract of land herein described; Thence S. 2° 16' E., along the west right-of-way line of said Osage Avenue, a dis- tance of 50.0 feet to a point being the southeast corner of said Lot 12; Thence S. 87° 44' W., along the south boundary line of said Lot 12, a distance of 9.0 feet to a point; Thence N. 72° 44' 30" W., a distance of 149.60 feet to a point being the northwest corner of said Lot 12 and on the south right-of-way line of abovementioned Huron ,Street; Thence N. 87° 44' E., along the south right-of-way line of said Huron Street, a distance of 150.0 feet to the place of beginning and containing 0.0912 acres, more or less; Parcel lA Being a triangular shaped tract of land out of Lot 11, Block 16, Meadow Park Addi- tion, as shown by map of record in Volume 4, Page 52, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at a point on the west right-of-way line of 40 foot wide Osage Avenue, said point being the northeast corner of abovementioned Lot 11, for the beginning point of the tract of land herein described; Thence S. 2° 16' E., along the west right-of-way line of said Osage Avenue, a dis- tance of 7.80 feet to a point; • Thence N. 51° 21' 08" W., a distance of 11.91 feet to a point on the north bound- ary line of said Lot 11; Thence N. 87° 44' E., along the north boundary line of said Lot 11, a distance, of 9.0 feet to the place of beginning and containing 35.10 square feet of land, more or less. • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 17, 1980 I certify•to the City Council that $ 200.00 , 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 162 Federal -States Grant Fund Project No. 162-4741-501, Activity 4741 Code 501 Project Name 4th. Year Community Development Block Grant from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Ella carnes Unit 1B St. Smpr. Parcels 1,1A "appraisal services" FIN 2-55 Revised 7/31/69 1118 3'78./9 1 Corpus Christi, 1-xas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 19 k 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, YOR Pro•lem THE CITY The Charter rule was suspended by the f Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky -- S CHRISTI, TEXAS g vote: The above ordinance was passed by the following Luther Jones Edward L. Sample Dr. Jack Best David Diaz - Jack K. Dumphy Betty N. Turner Cliff Zarsky 153,41 vote: