HomeMy WebLinkAbout17523 ORD - 03/16/1983AN ORDINANCE
AUTHORIZING AN APPRAISAL AGREEMENT WITH THOMAS F. DORSEY
FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF
TWO PARCELS IN CONNECTION WITH THE FURMAN SCHOOL AREA
STREET IMPROVEMENTS; APPROPRIATING $1,250 FOR THIS
AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
an appraisal agreement with Thomas F. Dorsey for real estate appraisal
services for the acquisition of Parcel 1 and Parcel 2 in connection with the
Furman School Area Street Improvements all 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 1. That there is hereby appropriated $1,250 out of the
No. 220 Street Bond Fund applicable to Project No. 220-82-7.14, Furman School
Area Street Improvements Project for this agreement.
SECTION 2. 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 and effective administration of City affairs by authorizing the
aforementioned agreement for appraisal services, 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 4 day of March, 1983.
ATTEST:
Secretary MAY
APPROVED. AY OF MARCH, 1983
Bruce Aycoc ity Attorney
HE CITY OF CORPUS CHRISTI, TEXAS
17523
SEP 2 81984
! QFILMED
EXHIBIT "A"
REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECFS
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
5 nent Domain action, said properties are to be acquired by the City in con-
nection with the FURMAN SCHOOL AREA STREET IMPROVEMENTS, Phase I
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 45 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.
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Fxb. p'
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 iUrther 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 $ 450.00 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.
(9)
(10)
(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
"Real Estate Appraisal Contract"
FURMAN SCH AREA ST IMP, Phase I
Parcels 1,2
(2)
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 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 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 One thousand Two hundred 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"
FURMAN SCE AREA ST IMP, Phase I
Parcels 1,2
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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_
ATTEST: THE CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin
City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
19
Assistant City Attorney
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Real Estate Appraiser
APPROVED.
iJ
es K. on os P.E.
ssistant City Manager
1
FURMAN SCHOOL AREA STREET IMPROVEMENTS, Phase I
Parcel 1
Being a tract of land out of Lots 11, 10 and 9, Johnson Addition, as
shown by deed of record in Volume 100, Page 313, Deed Records, Nueces
County, Texas, and more particularly described by metes and bounds
as follows:
Beginning at the southwest corner of said Lot 11;
Thence N. 5° 30' E., along the west lines of said Lots 11, 10, and
9, a distance of 150.0 feet to the northwest corner of said Lot 9;
Thence S. 84° 30' E., along the north line of said Lot 9, a distance
of 3.26 feet to the P.C. of a circular curve to the right;
Thence along a curve concave to the west having an initial tangent
bearing of S. 4° 13' 39" W., an internal angle of 1° 58' 01" and a
radius of 865.0 feet, a distance of 2970 feet;
Thence S. 6° 11' 40" W., along a line that crosses the common lot
lines of said Lots 9, 10, and 11, a distance of 110.20 feet to the
P.C. of a circular curve to the left;
Thence along a curve concave to the northeast having an internal angle
of 90°.41' 40" and a radius of 10.0 feet, a distance of 15.83 feet to
a point on the south line of said Lot 11;
Thence N. 84° 30' W., along the south line of said Lot 11, a distance
of 12.07 feet to the point of beginning and containing 446.14 square
feet more or less.
February 28, 1983
FURMAN SCHOOL AREA STREET IMPROVEMENTS, Phase I
Parcel 2
Being a tract of land out of Lot 8, Johnson Addition as shown
by deed of record in Volume 100, Page 313, Deed Records, Nueces
County, Texas and more particularly described by metes and
bounds as follows:
Beginning at the southwest corner of said Lot 8;
Thence N. 5° 30' E., along the west line of said Lot 8, a
distance of 50.0 feet to the northwest corner of said Lot 8;
Thence S. 0° 26' 08" W., a distance of 28.35 net to the P.C.
of a circular curve to the right; ,
Thence along a curve concave to the west having an initial
tangent bearing of S. 2°'47' 06" W., an internal angle of
1° 26' 33" and a radius of 865.0 feet, a distance of 21.78
feet to a point on the south line of said Lot 8;
Thence N. 84° 30' W., along the south line of said Lot 8, a
distance of 3.26 feet to the point of beginning -and contain-
ing 99.05 square feet, more or less.
February 28, 1983
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 15, 1983
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:
Eland No. and Nang 8th. Year Community Development Block Grant
Project No.
Project Name
Fund 162, Dept. 152, Activity 807.06, Code 502-"
Furman School Area Street Improvements
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-appraisal services (Dorsey)
Pars. 1,2
//444-1-4061 , 19 c3
FIN 2-55
Revised 7/31/69
60, o00 . uo
L n 31 I b 13
Corpus Christi, Texas 22
l Q day of L,rn(�l jNr_l v , 1981t5
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; I/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
MAYO
THE C TY 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
17,523