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HomeMy WebLinkAbout17097 ORD - 06/30/1982I w ,0-4 C., 04 ISL AN ORDINANCE AUTHORIZING AN APPRAIAL AGREEMENT WITH THOMAS F. DORSEY IN CONNECTION WITH ACQUISITION OF TWO PARCELS NEEDED FOR THE SPOHN HOSPITAL AREA STREET IMPROVEMENTS AND APPROPRIATING $1,250 FOR SAID APPRAISAL 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 Thomas F. Dorsey for real estate appraisal services for the acquisition of Parcels 2 and 3 in connection with the Spohn Hospital Area Street Improvements, Project No. 220-77-2.15, all 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. 220 Street Bond Fund the sum of $1,250 for the aforesaid appraisA services. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by authorizing the aforesaid agree- ment and appropriation of funds therefor to expedite construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the ZICIO day of June, 1982. ATTEST: C y Secretary AY OF JUNE, 1982: J. BRUCE AYCOCK, CI Y ATTOR Y By MAYO THE CI -Y OF CORPUS CHRISTI, TEXAS 17097 SEP28 1984 ROF1LMED REAL ESTATE APPRAISAL CONTRACT TBE STATE OF TEXAS COUNTY OF NUKE EXHIBIT "A" This agreement is entered into between the City of Corpus Christi, Texas ("Party of the First Part") hereinafter called City, and Thomas F. Dorsey ("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 SPORN HOSPITAL AREA STREET IMPROVEMENTS. NOW.THEREFORE, the City and the Appraiser agrees.ati.follows,: The Appraiser will provide the following:. (1), Prepare appraisal.reports .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, csanparables, 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. . 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 ccmparable sales in the area in a cooperative manner with other appraisers appraising (3) in the area for the City. Page 1 of 6 ••• •Aft (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 A4qpiSiti011 DiViSiOn, 1801 North charaxral, 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, shell he considered a material breach'of-this-contract. (7) The Appraiser agrees, upon the City's request, to slake preparations for Court testimony and appear in Court to testify, in suliport of his appraisal, for a fee of $450.00 per day. (8) If there are separately held interests lathe real property to be acquired (such as easements, leaseholds, tenant -awned 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. :.(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 "Real Estate Appraisal Contract" (Dorsey) Spohn Hospital Area St. Impr. Page 2 of 6 02) and any other information relating to professional qualifications. 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, inconnectionwith 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, ar,testify.voluntarily as a witness in a condemnation or other" pm:Oceeding,with respect .:2 to such property. . B. The City agrees to'provida the following to the Appraiser: (1) Furnish 4 copies of project map and legal des- criptions of each parcel. • (2) Furnish 1 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 sam of one thousand two hundred fifty fifty dollars and no cents...($1,250.00 ) 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. "Real Estate Appraisal-Contract"(Dorsey) SpOhn Hospital Area St. Impr. Page 3 of 6 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 82 . ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Edwai.d A. Martin City Manager , 19__. Real Estate Appraiser Thomas F. Dorsey Assistant City Attorney APPROVED: "Real Estate Appraisal Contract"(Dorsey) Spohn Hospital Area St. Impr. Page 4 of 6 James K. Lontos, PE. Assistant City Manager SPORN HOSPITAL AREA STREET IMPROVEMENTS Parcel 2 Being a tract of land out -of Lot 12, Block 6, Bay Terrace Addition as shown by map Of record in Volume A, Page 23, Nueces County, Texas. .. BEGINNING at a point being the Northwest corner of. said Lot 12 and being the intersection of the south right-of-way line of Hancock Street and the east right-of-way line of Staples Street; • . THENCE N. 84°30' E. along said Hancock Street right -of -waif 125.5' to a point With said point being the Northeast corner of said Lot 12; THENCE S. 78°49'47" W. 70.85' to a point 7.0'.south.of the south right-of-wayline of -Hancock Street; , • ' • • . THENCE S. 84030' W. 55.00' along a line 7.0' south of and parallel to the south right -:of -way line of Hancock Street to.a point oh:the east right-of-way line of S. Staples Street;' : .'• . .. • . : • , '. . . . • THENCE N. 5°30' W. along the east right-of-way line of S. Staples Street 7.00' to the:point of beginning and containing 631.75 square feet, more_or less. "Reai Estate Appraisal Contractn(Dorsey) Spohn Hospital Area St. Impr. Page 5 of 6 SPOHN HOSPITAL AREA STREET IMPROVEMENTS Parcel 3 Being an irregularly shaped tract of land out of an un -numbered lot situated at the southwest corner of Block 2, Shannon Addition, shown by map of record in Volume A, Page 21, Nueces County, Texas. BEGINNING at a point being the southwest corner of said Block 2 and being the interseciiOn of the north right-of-way line of Hancock Street and the east right-of-way line of S.:Staples Street; . . . THENCE N. 5°30 W. along said Staples Street right-of-way 2.0 feet to .i.point; . THENCE N. 84°30' E. along a line 2.0 feet north of and parallel to the north right-of-way line of Hancock Street, 40.00 feet to a point of curvature of' a circular curve to the left; THENCE'.along the arc of said curve whose central angle 604529", radius = 339.91 feet, tangent - 20.07 feet, a distance of 40.09 - feet to a point; • THENCE S. 5030' E. 4.36 feet to a point;, THENCE S. 84°30' W. along the north right-of-way of Hancock Street 80.00 feet to the point of beginning and containing, 183.39 square feet, more or less. • "Real Estate Appraisal Contract"(Dorsey) Spohn Hospital Area St. Impr. Page 6 of 6 CITY OF CORPUS.CHRISTI, TF1C1S CERPIFICATION OF FUNDS (City Charter Article TV Section 21) June 23, 1982 I certify to the City Council that $ 1,250.00 - , 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: Rind N. and Name 220 Street Bond Fund Project No. 220-77-2.15 Project Name Spohn Hospital Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpOae. • -appraisal services (Dorsey) Spohn Hosp. Area St. Impr. Parcels 2, 3 i9)717/r// G Jj FIN 2-55 Revised 7/31/69 Corpus Christi, T as 3r) day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is. introduced, or at the present meeting of the City Council. Respectfully, Council Members The above ordinance was Luther Jones Betty N. Turner Jack K. Oumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. -Kennedy Cliff Zarsky Respectfully, MAYOR THE C TY OF CORPUS CHRISTI, TEXAS passed by the following vote: ah4zoi-