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Home My WebLink About15563 ORD - 05/28/1980• vp:5/28/80:lst 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 IN CONNECTION WITH THE WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; APPROPRIATING THE SUM OF $510 OUT OF THE 162 FEDERAL -STATES GRANT FUND, PROJECT NO. 162-4736-501, ACTIVITY 4736, CODE 501 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 in connection with the Washington -Coles Area Unit II Street Improvements, as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $510 out of the 162 Federal -States Grant Fund, Project No. 162-4736-501, Activity 4736, Code 501 for said services. SECTION 3. That the necessity to immediately authorize execution of the aforesaid contract and to appropriate the necessary sums in order that the appraisal services may be commenced at the earliest practicable date 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 day of May, 1980. ATTEST: C Secretary MAYOR THE TY OF CORPUS CHRISTI, TEXAS APPROVED: :?e DAY OF MAY, 1980: J. BRUCE YCOC , CITY ATTORNEY .Z� 15563 • MICROFILMED pUC `,91980 111/1 • Parcels 1, 2 REAL ESTATE APPRAISAL CONTRACT THE STATE 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 ("Party of the Second Part") being referred to as "Appraiser", and pertains to the preparation of Real Estate Appraisals of 2 parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in con- nection with the Washington -Coles Area II Street Improvements. 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 copies 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 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. -1- (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 $300.00 per day. (8) 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. (u) 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 -2- (i2) and any other information relating to orofessional qualifications. In agreeing to the terns cf this contract the appraitar 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 opinion and legal des- criptions of each parcel. (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 FIVE HUNDRED TEN DOLLARS AND NO CENTS ($ 510.00 ) 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. -3- • In either case, the City agrees to pay the Appraiser only for the work where completed aporaisals 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 shad be considered an original, this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI 'SY City Secretary R. Marvin. Townsend, City Manager City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM THIS 2/t) -4- WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcel 1 Metes and Bounds Lot One (1), Block "D", PARKER ADDITION to the City of Corpus Christi, Texas, accord- ing to the map or plat thereof, recorded in Volume A, Page 4 of. the Map Records of Nueces County, Texas. WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcel 2 Metes and Bounds Lot Sixteen (16), Block "C", PARKER ADDI- TION, an addition to the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 4 of the Map Records of Nueces County, Texas. -5- • CITY OF CORPUS CHAISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 20, 1980 I certify to the City Council that $ 510.00 , 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. 162-4736-501, Activity 4736, Code 501 Project Name Third Year Community Development Block Grant from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Washington -Coles Area Unit II Parcels 1,2 "appraisal services" FIN 2-55 [ i7)g o Revised 7/31/69 Director of Finance CorpusuChristi, Texas 20 day of 19Yd • 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS (' suspended by the following vote: The above ordinance was passe; by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15563