HomeMy WebLinkAbout18921 ORD - 07/16/1985•
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN APPRAISAL AGREEMENT WITH
SIDNEY H. SMITH, III FOR REAL ESTATE APPRAISAL SERVICES FOR
THE ACQUISITION OF THREE PARCELS IN CONNECTION WITH THE
SARATOGA BOULEVARD IMPROVEMENTS PROJECT; APPROPRIATING
$2,500; 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 Sidney H. Smith III for real estate appraisal services
for the acquisition of three parcels in connection with the Saratoga Boulevard
Improvements project, all as more fully set forth in the contract, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $2,500 from the No. 220
Street Bond Fund.
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 of
executing the abovementioned appraisal agreement at the earliest practicable
date, 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 16th day of July, 195.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: 1,,411( DAY OF JULY, 1985
03P.110.01
issue MICROFILMED
I:RAT. h9TATE APPRAISAL CONTRACT
'118 $•lA1I of 'rrxnn
0,4III'rY OF NOUS p
Thin n.:7.cement is entered into between the City of Corpus Christi, Texas ("Party
C I.li' First Part") hereinafter called City, and Sidney R. Smith III,
("Ihrty oC the S^cond Part") being referred to as "Appraiser", and pertains to
1 h•• pr•goraLion of Neal Estate Appraisals of 3 parcels subject to possible
iftiuce1. Domain action, said properties are to be acquired by the City in cos -
....140n wttl: the Saratoga Boulevard Improvements (1985-0.
ntrt 'THEREFORE, the City and the Appraiser agrees as follows:
A. The Appraiser will provide the following:
(1) Prepare appraisal reports for 3 parcels as per attached legal
descriptions. 1'he 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 3 parcels. One part of the report will include all
the general information relating to the area and city, definitions,
treads, etc. The other part will exclude the general information
and fools attention on highest and best use, comparables, photo-
graphs and value of each of the 3 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 farntehed all necessary data
to complete each assignment.
(1:) 111e Appraiser agrees to share information on comparable galea in
ty" nr=a JAI a cooperative manner with other appraisers appraising
in the nren for the City.
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(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 or
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, ie 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 contrast.
(7) The Appraiser agrees, upon the City's request, to make preparations
for Court testimony and appear in Court to testify, in support of
hle appraisal, for a fee of $480.00 per day.
(8) if there are separately held interests in the real property to be
acquired (such as easements, leaseholdn, tenant -owned improvements,
lite estates, etc.), the appraisal shall include an apportionment
of the total Dunt compensation to each separately held interest
to be acquired. Acquisition will not include mineral rights.
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 hes testified es an expert witness
(12)
mud any other information relating to professional gtn1ifications.
In agreeing to the terms of this contract the appraiser hereby
certifies that he (the) docs 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 nob
in connection with staid 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.
2. The City agrees to provide the following to the Appraiser:
(1) Furnish 4 copies of tLtle 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. Peymentt
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 Two thousand Five hundred Dollars
end no cents ( 2,500.00) 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 nnytimc. Termination trvny include the entire contract or may
include olay selected parcels which the City desires to delete.
v
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 hie
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.
F. Appraisal Proposal Letter:
The appraisal proposal letter is attached hereto and made a part
of this contract.
EXECUTED in triplicate, each of which shall be considered an
original, this the day of 19 .
ATTEST: THE CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF
J. BRUCE AYCOCX, CITY ATTORNEY
Hy
Edward A. Martin
City Manager
, 19 .
Assistant City Attorney
1l_
Real Estate Appraiser
APPROVED:
James R. Lontoe, P.E.
Aeeietant City Manager
Sidney H. Smith III SRPA
President
Sidney H. Smith III
Real Estate
Appraisers S. Consultants
Incorporated
Mike Potter
Vice President
Commercial Preparcea
Bill Batey
Vice President
Residential Properties
June 26, 1985
Mr. Kenneth Kohrs, Manager of Property and
Land Acquisition
City of Corpus Christi
1801 N. Chaparral
Corpus Christi, Texas 78401
RE: Acquisition of Private Land for Saratoga Boulevard
Improvements
Parcel 1 Lot 4, Section 8, Bohemian Colony Lands
consisting of .170 acre
Parcel 2 Lot 5, Section 9, Bohemian Colony Lands
consisting of .108 acre
Parcel 3 Lot 1, Section 11, Flour Bluff and Encinal
Farm and Garden Tracts consisting of .042 acre
Dear Mr. Kohrs,
At your request, I am pleased to submit to you my proposal
for appraising the above referenced property.
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 will be
forty-five days from the official date of assignment.
The City shall receive three complete signed copies of each
report for all of the properties referenced above.
P.O. BOX 6274 512/993-0031
4213 AVALON, CORPUS CHRISTI, TEXAS 76412
Mr. Kenneth Kohrs
Page 2
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 $480.00 per day including preparation time.
It is understood that acquisition is to be FEE SIMPLE.
The total fee for the above mentioned projects will be no
more than $2,500.00. See Basis for Fee page attached.
It is my pleasure, 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.
Very truly yours,
Sidney H. Sith, III
Senior Real Property Appraiser
President
SHS/ja
Attachements: Basis for Fee
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 15, 1985
I certify to the City Council that $ 2,500.00 , 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 220 Street Bond Fund
Project No. 220-77-15.1
Project Name Saratoga Boulevard -Staples to Ayers
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
-appraisal services (Smith)
Saratoga Boulevard Imp.(1985-s)
Parcels 1,2,3
FIN 2-55/0.1Ft
Revised 7/31/69
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Corpus Christi, Texas
t(„ day of
, 1985
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
The above ordinance
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MAYOR
THE CITY
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IF CORPUS CHRISTI, TEXAS
was passed by the following vote:
18921