HomeMy WebLinkAbout15755 ORD - 09/10/1980•
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL
AGREEMENT WITH RICHARD CLOWER FOR REAL ESTATE APPRAI-
SAL SERVICES FOR THE ACQUISITION OF TWO PARCELS IN
CONNECTION WITH THE CABANISS ACRES STREET IMPROVE-
MENTS, AS MORE FULLY SET FORTH IN THE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED
EXHIBIT "A"; APPROPRIATING OUT OF THE 162 FEDERAL -
STATES GRANT FUND, PROJECT NUMBER 162-4744-501,
ACTIVITY 4744, CODE 501, THE SUM OF $900.00 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
appraisal agreement with Richard Clower for real estate appraisal services
for the acquisition of two pracels in connection with the Cabaniss Acres
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 out of the No. 162
Federal -States Grant Fund, Project No. 162-4744-501, Activity 4744, Code 501,
the sum of $900 for the aforesaid appraisal services.
SECTION 3. The necessity to authorize execution of the aforesaid
agreement and to appropriate the sums necessary to effect the said agreement
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 such emergency and necessity to
exist, having requested the suspension of said Charter rule and that this
ordinance be passed finally on the date of its introduction and that such
ordinance take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, This the )0 day of September , 19 80 .
ATTEST
APPROVED:
9th DAY OF September , 19 80.
YCOCK, CITY ATTORNEY
torney
15755
MAY
T CI ' OF CORPUS CHRISTI. TEXAS
MY CROBLMtU
sip 27 1984
•
CITY OF CORPUS CHRRISTI, TEXAS
•
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 5, 1980
I certify to the City Council that $ 900.00 , 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. 162-4744-501; Activity 4744, Code 501
Project Name Fifth Year Community Development Block Grant
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
Cabaniss Acres Street Improvements
Parcels 1,3
"Appraisal Services"
FIN 2-55
171Revised7/31/69
1-10-90
3,000.00
d, 19rd
Direc or of Fi
REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement is entered into between the City of Corpus Christi, Texas ("party
of the First Part") hereinafter called City, and Richard Clower
("Party 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
Cabaniss Acres Street Improvements Project
with the -between Dorado Street and Holly Road
A legal description of the Parcel is 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 45 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
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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 owner or owners where
possible in order to get his (her) (their) assistance in providing. in-
formation 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 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 $350.00 per da
(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
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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 prospec-
tive, in any property described in this agreement hereof or in the
sale thereof, or any other interest, whether or not in connection
with said property, which would conflict in.agy 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 any such
interest, and until such property is acquired by the City or ex-
cluded 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 interests and will not, for their own account or
for other than the City, negotiate for any 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 comparables 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
( $900.00
Nine Hundred Dollars and no cents
for the total assignment.
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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 pay the Appraiser only for the work where 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
City Secretary
Approved as to legal form this a
day of Ausf , 1956 .
Aa_ (2 .‘€4.
v. City/
A tf ney
-4-
THE CITY OF CORPUS CHRISTI
$Y:
R. Marvin Townsend
City Manager
CABANISS ACRES STREET IMPROVEMENTS
-between Dorado Street and Holly Road
Parcel 1
Metes and Bounds
Being a tract of land out of Lot 2, Section 7,
Bohemian Colony Lands as shown by map of record in
Volume A, Page 48, Map Records, Nueces_-County,
Texas, and more particularly described by metes and
bounds as follows:
Beginning at a point being the most northerly corner
of abovementioned Lot 2;
Thence 5. 61° 30' 00" E., along the northeasterly
line of said Lot 2, a distance of 25.0 feet to a
point;
Thence S. 29° 00' 00" W., along a line that is 25.0
feet southeast of and parallel to the northwesterly
line of Lot 2, a distance of 89.0 feet to a point;
Thence N. 61° 30' 00" W., along a line, a distance
of 25.0 feet to a point on the norhtwesterly line
of Lot 2;
Thence N. 29° 00' 00" E., along the northwesterly
line of Lot 2, a distance of 89.0 feet to the point
of beginning and containing 0.051 acres, more or
less.
CABANISS ACRES STREET IMPROVEMENTS
-between Dorado Street and Holly Road
Parcel 3
Metes and Bounds
Being a tract of land out of Lot 12, Block 9,
Cabaniss Acres Subdivision as shown by map of record
in Volume 10, Page 20, Map Records,,Nueces County,
Texas, and more particularly described by metes and
bounds as follows:
Beginning at a point being the most northerly corner
of abovementioned Lot 12;
Thence S. 61° 30' 00" E., along the northeasterly
line of Lot 12, a distance of 5.0 feet to a point;
Thence S. 29° 00' 00" W., along a line that is 5.0
feet southeast of and parallel to the northwesterly
line of Lot 12, a distance of 150.0 feet to a point;
Thence N. 61° 30' 00" W., a distance of 5.0 feet to
a point, said point being on the northwesterly line
of Lot 12;
Thence N. 29° 00' 00" E., along the northwesterly
line of Lot 12, a distance of 150.0 feet to the
point of beginning and containing 750 square feet,
more or less.
.•
Corpus Christi, exas q
/112 day of y «„ 19 d0
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
suspended
E CI r' OF CORPUS CHRISTI, TEXAS
by the following
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the
vote:
following vote:
15755