HomeMy WebLinkAbout15492 ORD - 04/23/1980• 1p:4-21-80;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SIDNEY H. SMITH FOR REAL ESTATE APPRAISAL SERVICES
FOR THE ACQUISITION OF SIX PARCELS IN CONNECTION WITH
THE POLICE STATION EXPANSION PROJECT, ALL 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 AND REAPPROPRIAIING OUT OF
THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, THE
SUM OF $1,088 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
agreement with Sidney H. Smith for real estate appraisal services for the
acquisition of six parcels in connection with the Police Station Expansion
Project, all 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 and reappropriated
out of the No. 102 General Fund, Activity 3327, Code 501, the sum of $1,088
for the aforesaid services.
SECTION 3. The necessity to authorize execution of the aforesaid
agreement and appropriation of the sums necessary in order that the Police
Station Expansion 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 an the date of its introduction
and take effect and be in full force and effect from an after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the 23 day of , 1980.
ATTEST:
APPROVED:
J. BRUCE
By
dVi CROH M
a
L .0
ATTO EY
Assistant City 7,f
!9O 15492
THE C OF CORPUS CHRISTI, TEXAS
J
REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF DUCES
•
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
thepreparationof Real Estate Appraisals of 6 parcels subject to possible
Eminent Domain action, said properties are to be acquired by the City in con-
nection with the Police Station Expansion Project.
NOW THEREFORE, the City and the Appraiser agrees as follows:
A. The Appraiser will provide the following:
(1) Prepare appraisal reports for 6 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 copies
covering 6 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. 6 parcels. The report should
show the approaches used in determining the appraised value for
each parcel.
The Appraiser will provide appraisals of said parcels as assigned
within 45 days after the City has furnished all necessary data
to complete each assignment.
(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.
(3)
Police -Station Expansion Project
Parcels 7,8,10;11,12,13 •
-1-
;IXC w9,
•
(5) The Appraiser agrees to coordinate all work with the City Property
and Land Acquisition Division and shall submit all reports to
Property. and Land Acquisition 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 request, to make preparations
for Court testimony and appear in Court to testify, in support of
his appraisal, for a fee of $ 280.00 per day
If there are separately held interests in the real property to be
acquired (such as easements, leaseholds, tenant -owned improvements,
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.
(8)
(n)
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 hinself, his
agents, or employees.
The Appraiser shall provide a signed statement setting forth his
technical qualifications, general appraisal experience, specific
experience in appraieing properties of the type involved in this
project, the courts in which he has testified as an expert witness
Police Station Expansion Project
Pnrcele 7.8.10.11.12.13
•
and any other information relating to professional qualifications.
(12) 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 a project area map and legal des-
criptions of each parcel.
(2) 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 One Thousand Eighty -Eight Dollars
And No Cents ($1,088,00) for the total assign-
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.
Police Station Expansion Project
In either case, the City agrees to pay the Appraiser only for
the work where 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 prior written consent of the City except for routine duties
delegated to personnel of the Appraiser's staff.
EXECUTED in triplicate, each of which shall be considered an
original, this the day of , 19
ATTEST: THE CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS 0 LEGAL FORM THIS I /
DAY OF I , 19k[Q .
Police Station Expansion Project
Parcels 7,8,10,11,12,13
-4-
$Y
R. Marvin Townsend, City Manager
City of Corpus Christi, Texas
at
Real Estate Apprai er
•
POLICE STATION EXPANSION PROJECT
LEGAL DESCRIPTION
Parcel 7 Lots 9, 10, Block B, Diaz Addition
Parcel 8 Lots 11, 12, 13, Block B, Diaz Addition
Parcel 10 Lots 1, 2, 3, Block 2, Hidalgo Addition
Parcel 11 Lots 4, 5, Block 2, Hidalgo Addition
Parcel 12 Lot 6, Block 2, Hidalgo Addition
Parcel 13 • Lot 7, Block 2, Hidalgo Addition
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
April 10, 1980
I certify to the -City Council that $ 1,088.00 , 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 102 General Fund
Project No. Activity 3327, Code 501
project Name Police Station Expansion
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
"appraisal services"
Sidney H. Smith III.
Parcels 7,8,10,11,12,13
ble/
$ 3Sr,oeo 4.J s/
FIN 2-55
Revised 7/31/69
aa-
,19ID
Corpus Christi, T as o
Z5 P
day of , 19
•
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,
MAY
friV
THE' TTY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15492