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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