2777 RESOLUTION NO. 2,777
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO AND EXECUTE A CERTAIN CONTRACT WITH
VARIOUS APPRAISERS EMPLOYED TO MAKE APPRAISALS OF
CERTAIN PROPERTY TO BE ACQUIRED BY THE CITY IN
CONNECTION WITH THE EAST-WEST EXPRESSWAY; AND FOR
OTHER PURPOSES .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized
and directed to enter into and execute Contracts with various appraisers
who will be employed to make appraisals of certain property to be
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acquired by the City in connection with the East-West Expressway,
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which Contracts in each instance shall be in form and words as follows:
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C 0NTRAC T
THIS CONTRACT made and entered into this __day_day of
196 , by and between the CITY OF LITTLE ROCK, ARKANSAS, HF.R.EINAFTER
referred to as the "City-", and
hereinafter referred to as the "Appraiser,"
WITNESSETH THAT:
WHEREAS, t:i,e City has, uursuant tc a itesolution dui: enacted by its
Board of Dir€- tors, sePie being Resol,itior: l;o. determined
to acquire certain )r)perty in an area of the i,J aoscr'!. ,ed by certain
surveys and plans adcpted by tr,e City and kurran as the East-West Express-
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way Project; and
WHEREAS, the ;itj , pursuant to sa.ir. itesolut,ior, , . . , proposes
to acquire certain property in the said rroecc, area and desires to
obtain an appraisal of each parcel to be acquired, including all improve-
ments, structures, appurtenances or other elements of value which are
recognized by the courts in eminent domain proceedings located upon or
being a part of said parcel; anci
WHEREAS, the Appraiser represents that he is) (they are) authorized
and qualified to make such appraisal and is familiar with recognized
appraisal practices and with the standards required for determining
values in eminent domain proceedings;
NOW THEREFORE, the City and the Appraiser, for the consideration
and under the conditions hereafter set out, do agree as follows:
1, The Appraiser shall perform a l tLe necessary services
,7 ] 'l'!':S2 W_l1. ..� rat .1-cti:°g the
c• t. arty. i- -
�o��,:,� .. �,r: ,. .�., � _ . . ,pact n.-1J du and perform
and carry out z.: _ ati fy- r_ and i r::per manner as determined by
the City the fol. °wino;:
a, Make a persona ;.nspek-.t,ii Ct s, h of the
vas
CONTRACT ,- Page Two
parcels in that portion of the Project area furnished
to said fppraiser in a list to be provided by the
City, including all improvements, structures, appur-
tenances or other elements of value thereon or there-
unto belonging which are recognized by the courts in
eminent domain proceedings and to advise the City in
a written report of his opinion of the fair market
value of each such parcel.
b. Report his findings on forms supplied by the
City in four (4) copies within ninety (90) days following
notice by the City to proceed with the appraisal of each
certain parcel. The report shall i.m fora and substances
conform to recognized appraisal practices and to the
principles of evaluating property for deterring values
in eminent domain proceedings. The report, among other
things, shall contain the Appraiser's opinion of the fair
market value of each parcel, and his opinion of the fair
market value of the improvements, structures or appurtenances
located upon such parcel and, when required by the City, an
income analysis and a comparative sales statement, all is
accordanoe with the appraisal forms to be furnished by the
City.
2. The performance of services or acceptance of the
appraisal reports required hereunder shall not relieve the Appraiser
from obligation to correct any defective work subsequently discovered,
and'all incomplete, inaccurate, or defective work shall be remedied by
the Appraiser on demand without coat to the City.
3. In the event that the testimony of the individual appraiser
is required in any legal proceedings in connection with the City's
acquisition of the property herein referred to, the Appraiser agrees to
appear as a witness on behalf of the City and agrees that the fair and
reasonable compensation for his services shall be the sum of One Hundred
Dollars ($100000) per day for each full day's attendance in court, and a
like sum for each full day devoted to preparation for trial. In the
event such attendance or trial preparation shall be one-half day or less,
compensation shall be made on the basis of Fifty Dollars ($50.00) for
such half day. The appraiser snail keep such personal records of all details
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with respect to the appraisal of parcels as will enable the Appraiser
to appear as such witmess.
4. It is understood and agreed that the Appraisers shall
receive compensation for services performed hereunder, except as provided
in Paragraphs 2 and 3 hereof, in the amount of Fifty Dollars (450.00)
for each residential parcel, plus Ten Dollars ($10.00) for each
additional structure in excess of one on said parcel, which shall in-
elude such supplemental services as may be necessary or desirable to
enable the Appraisers to perform the services required under Paragraph 1
hereof, exclusive of payment for actual court appearances. Payment for
services rendered under this Paragraph will be made monthly upon state--
meats submitted by the .appraiser for the completed appraisals made in
that month.
5. The City shall furnish a list of the parcels to be
appraised; each parcel to be designated by number and in the appraisal
reports the numbers used shall correspond with the *umbers shown on
the City. The City will when it deems it neces-
sary,list furnished by Y• y �
sary, furnish to the Appraiser all recent sales of the property
appraised and all recent sales of comparable property, which the
appraiser may need in arriving at his conclusion of the fair market
value of the property appraised.
6. The City, at any time, may exclude any parcel or parcels
from the operation of this Contract, and, in such event, equitable
adjustment shall be made for all work completed and accepted prior
to such exclusion and for any substantial amount of services or
.;,)rk performed to the date of such exclusion but
CONTRACT — Page Four
not in such form thst it can be accepted by the City; such au ust-
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went in no event to exceed the total amount provided in Paragraph 4
hereof. In any adjustment referred to in this Paragraph, the City
will consider an appraisal to be one which would entitle the
Appraiser to the full compensation provided for in Paragraph 4
when the Appraiser has done all the work required of him except
completing his report; provided, however, tent ttie ,=,ppraiser furniahea
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his completed report to the City within a reasonable time after the
exciusfen of ane such parcel.
T. The Al,praleor'e Deli attiine ante aet.ie , under this Contract
shall not be des:efed whole
i. The Appraiser agrees ttcia t tis ree,_r r, an conclusions
are for the confidential information of the City and he wi' i not
disclose his conclusions in whole or in part to any person whomsoever,
except when called upon to testify in .T.e—a eiee each report under
natl. le t,, i._ i.dd:it ;1 u tO the City,
the A ppra:. L. w ..r , e, c } _ -_'eat
represen ?Vr_, y L t ' .1 ,' sGivb
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parcel at no extra cost t.o tie �i vw out nc. .:vent; wi±.i the
Appraiser be called upon to negotiate or assist in aegis i a.Ling for
the purchase of any parcel unleje such expert cons i t at-io , with
rcfere c- c nee:_:t_e ee, i L-, W-
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saltatiee .± ['.,r _ .._ reel_ e, e
in inne ev!-+'n of breu.:i c . ieey provision
hereof, the City eha.a.a: have r:: _ irri t. ee .ir, t ,t,r. notice
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to tie Appraisers, to iersinatt the amplY:menr, of tho Appraiser hers-
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sodsr and oaasol tbio 004tisoit and, basa 114, work thus Oaasollo4 or
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atiwitiviso 1$21.0110806- *VISO;0000400, 147 *lift itgki$0 lot;
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remodios of th• City*: • 41%4 City shall have the benefit of each moth
as may have been eompleted up to the time of such termination ler
canoellation, and mitil reopeet t-,!.; any part which shall have boom
delivered to and accepted by tnt. Sity, tIlere obeli he an equitabati
adjustment of comr,:sensatloa, vL, t tv„., elreat, flhalI exceed the
total amount provided in Paragraph 4 hereof (but exclua:Ive o' the
provisions of Paragraph 3 hereof).
10. The term cParoeP 15 used hi4re-!..o. eoang
treat of land in the same owaership,:mhether platted or uLplatted,
. wad irtmmCplattod air tract say eoxisiot of one or nor* platted
:-„ , •, _ „ *
is to be performed is .e primary inportanne and of the cocotte* of
Contract. The App:7-aisor ri L proced
in ekih seq,„tane -7,!rder as t,c, Y 8„jf .:rant parcele as the City
report to the
IN WITNESS WHEREOF, the parties hereto have aeased thin Contract
to be ameouted on this day of
CYTI OF 1,:j.:7TLE
al
Verner C. Kaok-Jpi or
Pauline C. fheeivono
City Clark.
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SECTION 2. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: December 18, 1961
ATTEST�� APPROVED: .7// /
City Clerk Mayor