HomeMy WebLinkAbout17242 ORD - 09/08/1982AN ORDINANCE
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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