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Ordinance No. 1,122ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH OTIS GRAHAM, REALTOR, FOR APPRAISAL SERVICES FOR USE IN ACQUISITION OF RIGHTS-OF-WAY INCIDENT TO CONSTRUCTION OF PERMANENT STREET IMPROVEMENTS UNDER THE 1970 BOND PROGRAM CONSISTENT WITH THE TERMS, RATES AND FEES SET OUT IN THE PROPOSAL OF OTIS GRAHAM, REALTOR, DATED JULY 27, 1971; AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY CONSISTENT WITH THE TERMS AND FOR THE AMOUNTS AND RATES SET OUT IN SAID PROPOSAL AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Electors of the City of Baytown have au- thorized the City Council of the City of Baytown to issue bonds of the City in the amount of THREE MILLION SEVEN HUNDRED FIFTEEN THOUSAND and N0/100 ($3,715,000.00) dollars for the purpose of constructing permanent street improvements for the city; and WHEREAS, incident to the construction of permanent street improvements, it will be necessary to establish values, acquire and establish assessment potentials of certain parcels of land in the proposed rights-of-way; and WHEREAS, by letter dated July 27, 1971 Otis Graham, Realtor, of Baytown, Texas, has submitted a proposed schedule of compensation for his appraisal services for use in right-of-way acquisitions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to enter into a contract with Otis Graham, Realtor, for appraisal services concerning right-of-way acquisitions incident to the construction of permanent street improvement in the 1970 Bond Program, consistent with the terms, rates and fees contained in the proposal of Otis Graham, Realtor, in his letter of July 27, 1971 and authorizing the contracting of indebtedness in the amounts and at the rates set out in said letter of proposal. Section 2: That this Ordinance shall take effect from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on the 7th day of September , 1971. r C. GLEN WALKER, Maybr ATTEST: C� EDNA OLIVER, City Clerk APPROVED: '-h.y 0 "/-, OK %=t NEEL RI HARDSON, City At y r �j 1 y1 ap a L n F d �,/ POST OFFICE BOX 431 BAYTOWN, TEXAS 77520 July 27, 1971 Mr. D. R. Voelkel City Manager City of Baytown P. O. Box 424 Baytown, Texas 77520 Dear Mr. Voelkel: TELEPHONE (713)427-4711 NIGHT (713)422-2327 Re: Request for proposal concerning appraisal work under the bond program With regard to your request that the undersigned submit a proposal con- cerning appraisal work in connection with street improvements under the City's bond program, the following is submitted: The undersigned is qualified by training and experience in preparing and furnishing to poli- tical subdivisions appraisal reports for use in right--of-way acquisition. The undersigned has represented both the political subdivision and the property owner in right--of-way acquisitions, involving the City of Baytown, Chambers County, Houston bighting & Power Company et al (see attached list) . The undersigned proposed to provide appraisal services for the City in the following particulars: 1. Compensation to be paid for right-of-way acquisition. a. Baker Road (Bayway Drive to Decker Drive) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $3,500.00 b. Baker Road (Garth Road to Main Street) . Services to include appraising and establishing the assess- ment potential of each parcel. Maximum fee: $500.00 APPRAISALS INDUSTRIAL - COMMERCIAL - ACREAGE SALES Mr. D. R. Voelkei Page 2 July 2 7, 19 71 c. Texas Avenue (Thomas Circle to Spur 201) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $750.00 d. Bayway Drive (Decker Drive to Crow Road) . Services to include appraising and establishing the assess- ment potential of each parcel. Maximum fee: $1,000.00 e. Garth Road (Park Street to Baker Road) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $3,000.00 f. James Street (Highway 146 to Decker Drive) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $2,500.00 g. Massey -Tompkins (North Main to Barkaloo Road, together with one parcel at McKinney Road. Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $4,500.00 h. Commerce Street (North Main Street to South Main Street) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $2,500.00 i. Garth Road (Decker Drive to Lee Drive) . Services to include appraising, acquisition of right-of-way and establishing the assessment potential of each parcel. Maximum fee: $1,500.00 2. Hourly Rates (included in maximum fees). The undersigned will furnish to the City his written supported appraisals with regard to the above street improvement programs, at fees not to exceed the maximum amounts set forth above. At arriving at the maximum fees, the following rates will be followed: Mr. D. R. Voelkel Page 3 July 27, 1971 a. A rate of $110.00 per full eight (8) hour day, including trans- portation in Harris County and Chambers County. Transportation outside the above mentioned counties would be reimbursed on the basis of $0.10 per mile. b. A rate of $15.00 per hour, with a one (1) hour minimum, would be charged for services rendered in less than eight (8) hour incre- ments. 3. Hourly Rates for Court Appearances (not included in maximum fees) . a. A rate of $15.00 per hour will be applicable in preparation for and conferences with attorneys for the City prior to condemna- tion hearings or trials. b. For appearances at commissioner's hearings or in court, as well as for depositions, the appraiser shall be paid at the rate of $30.00 per hour. Such rate of payment shall include all expenses incurred in rendering such services. 4. Completion of work. The appraiser agrees to begin work imme- diately after being notified by the City that he has been retained, and agrees to complete the appraisals fully and furnish the City with appropriate copies thereof within sixty (60) days after being notified to begin work under each street acquisition program. 5. The City will be responsible for making available to the appraiser parcel numbers, strip maps, legal descriptions, names of record title owners, lien holders, and all necessary legal work for par- tial or whole takings upon which an appraisal is desired in con- nection with the above acquisition projects. 6. Changes in program; additional work. If changes or revisions are made in the plans with regard to the above mentioned street improvement programs, or additional requirements. on the part of the appraiser are imposed in performing services for the City, it is agreed that additional compensation shall be paid for all such additional work required, such additional compensation to be based upon the rates for services of a similar nature herein specified. Mr. D. R. Voelkel Page 4 July 27, 1971 7. Independent Appraiser. It is agreed and understood that the appraiser, in the performance of his services pursuant to his employment, shall act in an independent capacity and not as an employee or agent of the City. S. Standards of work. The appraiser will agree to perform his work in a professional manner and to meet standards accepted by the industry. 9. Confidential Reports. The appraiser will covenant and agree that all information contained in his appraisal reports, and all parts thereof, are to be treated as privileged communications. The appraiser shall take all necessary steps to insure that neither he nor any person who may assist him in the preparation of his reports shall divulge any information concerning such reports except to duly authorized representatives of the City, except upon the written consent of the City, or upon a proper order of a court of competent jurisdiction. 10. Additional acquisition programs. Should the City desire, the undersigned will agree to perform services with regard to other acquisitions, such as water lines, sewer lines, etc. , upon compensation to be determined according to this proposal. 11. Execution of Agreement. The undersigned would be ready and willing to immediately enter into a written agreement with the City concerning his employment in accordance with this proposal. Respectfully submitted, l Otis Graham OU3 gra4am, POST OFFICE BOX 431 • 0r%e jalt or BAYTOWN, TEXAS 77524 APPRAISl=R QUALIFICATIONS Past President of the Bay Area Board of Realtors Director of the Texas Association of Realtors Member National Association of Real Estate Boards Member Texas Association of Realtors Member Texas Property Exchangors Member Bay Area Board of Realtors Member Dallas Property Exchange Member National Institute of Real Estate Boards Member Texas Society of Farm and Land Brokers Member Houston Property Exchange Member National Institute of Farm and Land Brokers Attended Appraisal Institutes Appraisal Clients include the following: Probate Courts Attorneys District Court Property Owners Banks Trust Departments Savings & Loan Associations Insurance Companies City of Baytown, Texas County of Chambers,'Texas Industries TELEPHONE (713)422-4711 NIGHT (710422-2327 Own and operate Real Estate Brokerage and Appraisal Business. Texas Brokers License No. 024880 APPRAISALS INDUSTRIAL - COMMERCIAL . ACREAGE SALES