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HomeMy WebLinkAbout17242 ORD - 09/08/1982AN ORDINANCE _ AUTHORIZING AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH III FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE FLOUR BLUFF TREATMENT PLANT EXPANSION; APPROPRIATING $950 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 Sidney H. Smith III for real estate appraisal services for the acquisition of two parcels (1, 2) in connection with the Flour Bluff Treatment Plant Expansion, 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 $950 out of the No. 250 Sanitary Sewer Bond Fund, Project 250-77-19 for said 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 to take immediate action to preserve and protect public property by expediting the 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 ay of September, 1982. ATTEST: y Secretary APPROVED: DAY OF SEPTEMBER, 1982 "674144 . Bruce Aycock, ty Attorney Af je,41r, ' OR .1_ '7242 THE CITY OF CORPUS CHRISTI, TEXAS SEP 2 8 1924 micRoFiLmE( REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS i COUNTY OF NUECES EXHIBITA" This agreement is entered into between the City of Corpus Christi, Texas ("Party oftheFirst 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 FLOUR BLUFF WASTEWATER TREATMENT PLANT EXPANSION (1982)(Lift Station Site) 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. Parcels 1, 2 (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 $400.0 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. (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" Fl B1 Wastewater Treatment Plant Expn(1982) Parcels 1,2 -2- (12) 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, in connection with the services to be ftrnished 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 math property. B. The City agrees to provide the following to the Appraiser: (1) Furnish 4 copies of title opinions 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 Nine Hundred Fifty Dollars and no cents 9.50.00 ) for the total assign- ment with payment to be made upon completion of 'total assignment. D. Termination: The City reserves the right to terminateHthis 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" Fl Bl Wastewater TreatMent Plant Expan(1982) Parcels 1,2 -3- 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 September , 1982 . ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF By Edward A. Martin City Manager September , 1982. J. BRUCE AYCOCK, CITY ATTORNEY Real Estate Appraiser Sidney H. Smith III Assistant City Attorney APPROVED: "Real Estate Appraisal Contract" Fl B1 Wastewater Treatment Plant Expan(1982) Parcels 1,2 -4- James K. Lontos, P.E. Assistant City Manager sr. 411 Sidney H. Smith 111 Real Estate Appraisers S. Consultants Incorporated August 26, 1982 Mr. Edward A. Martin City Manager and Mr, Kenneth Kohrs, Manager of Property & Land Acquisition City of Corpus Christi 1801 North Chaparral Corpus Christi, TX 78401 RE: Flour Bluff -Laguna Madre Wastewater Treatment Plant Expansion (1982) Parcels 1 & 2. Gentlemen: At your request, I am pleased to submit to you my proposal for appraising the above -referenced properties. My appraisal report will be in accordance with the rules, regulations, standards, and ethics of the International Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers. The time schedule for completion of this report, I understand, will be thirty days from the official date of assignment. The City shall receive three complete signed copies of the report. This appraiser shall not be required to give testimony or appear in court because of having made these appraisals unless arrangements have been previously made. ' My fee for court work is $400.00 per day including preparation time. It is understood that acquisition is to be by easement and in fee. Special considerations included: (1) fee acquisition, plus (2) temporary construction easement, and (3) Federal Project Standards & Requirements. It is my pleasure, Mr. Martin and Mr.. Kohrs, to submit this proposal to you and to the City of Corpus Christi. I genuinely appreciate your courtesy and consideration and the opportunity to be of service to. our City. FEE PROPOSAL: $950.00 Very truly yours, Sidney H. Smith, III Senior Real Property Appraiser President SHS:jew Attachment: Basis for Fee RQ BOX 6274 512/993-0031 4213 AVALON, CORPUS CHRISTI, TEXAS 78411 U BAN' ENGINEERING CORPUS CHRISTI, TEXAS P. 0. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 ' August 18, 1982 STATE OF TEXAS Job No. 9984.20 COUNTY OF NVECES FIELDNOTES for a 50.00 foot permanent lift station site Lot 14, Section 40, Flour Bluff and Encinal Farm and Gardens Tracts, a map or which is recorded in Volume A, Pages 41, 42 and 43, Map Records of Nueces County, Texas: BEGINNING at a point on the Northwest boundary line of Flour Bluff Drive for the East corner of this tract from which corner the East corner of said Lot 14 bears South 61°0000" East 40.00 feet to a point on the centerline of said Flour Bluff Drive, thence North 29°0000" East, along said centerline, same being the Southeast boundary of said Lot 14, 130.00 feet; THENCE South 29°00'00" West, along said Northwest bdundary line, parallel to the aforementioned centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 50.00 feet for the South corner of this tract; THENCE North 61°00'00" West, leaving said Northwest boundary line,60.00 feet for the Nest corner of this tract; THENCE North 29°00'00" East 50.00 feet for the North corner of this easement; THENCE South 61°00'00" East 60.00 feet for the POINT OF BEGINNING. URBAN ENGINEERING , ,Euge C. Urban, R.P.S. ECU/crm FLOUR BLUFF WASTEWATER TREATMENT PLANT EXPANSION(1982) -on Flour Bluff Drive near Purdue Road Parcel 1 U ROAN ENGINEERING CORPUS CHRISTI, TEXAS P. 0. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 August 17, 1982 STATE OF TEXAS COUNTY OF NUECES Job No. 9984.20 FIELDNOTES for a temporaty construction easement out of Lot 14, Section 40, Flour Bluff and Encinal Farm and Gardens Tracts, a map of which is recorded in Volume A, Pages 42, 42, and 43, MO Records of Nueces County, Texas: BEGINNING at a point on the Northwest boundary line of Flour Bluff Drive for the lower East corner of this easement from which corner the East corner of said Lot 14 bears South 61°00'00" East 40.00 feet to a point on the centerline of said Flour Bluff Drive, thence North 29°00'00" East, along said centerline, same being the Southeast boundary of said Lot 14, 180.00 feet; THENCE South 29°00'00" West, along said Northwest boundary line, parallel to the aforementioned centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 50.00 feet for the South corner of this easement; THENCE North 61°00'00" West, leaving said Northwest boundary line, 150.00 feet for the West corner of this easement; THENCE North 29°00'00" East 100.00 feet for the North corner of this easement; THENCE South 61°00'00" East 90.00 feet for the upper East corner of this easement; THENCE South 29°0000" West 50.00 feet for an inside corner of this easement; THENCE South 61°00'00" East 60.00 feet for the POINT OF BEGINNING , URBAVENGINEERING (1) Eugene -. Urban, R.P.S. ECU/crm FLOUR BLUFF WASTEWATER TREATMENT PLANT EXPANSION(1982) -on Flour Bluff Dr. near Purdue Rd. Parcel 2 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article TV Section 21) September 2, 1982 I certify to the City Council that $ 950.00 , 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 Project No. 250 Sanitary Sewer Bond Fund 250-77-19 Project Name Flour Bluff Treatment Plant Expansion fnmnwhdch it is proposed to be drawn, and such money is not appropriated for any other purpose. -appraisal services (Smith) Parcels 1, 2 FIN 2-55 Revised 7/31/69 Aan6212: 'rector o ce Corpus Christi, xas day o , 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, Respectfully, Council Members /,// AI- IV , 1,1 dr" THE rITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1722