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2912 • + • o y RESOLUTION NO. 2,912 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 PRO- PERTY 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 pro- perty to be acquired by the City in connection with the East-West Expressway, which Contracts in each instance shall be in form and words as follows : C O N T t A C T THIS CONTRACT made and entered into this day of 195 , by and between the City of Little Rock, Arkansas, hereinafter referred to as the CITY and hereinafter referred to as the APPRAISER, W I T N E S S E T H WHEREAS, the CITY has, pursuant to a resolution duly enacted by its '.oard of Directors, same being Resolution No. , determined to acquire certain property in an area of the CITY described by certain surveys and plans adopted by the CITY and known as the East-West Expressway project; and WHEREAS, the CITY, pursuant to said Resolution No. proposes to acquire certain property in the said project area and desires to obtain an appraisal of each parcel to be acquired including all improvements, 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; and WHEREAS, the CITY desires to avail itself of services offered by the Arkansas State Highway Comuission and its Appraisal Section in order that the reports of theAPPRAISER conforms to and meets certain criteria established by the United States Bureau of Public Roads. WHEREAS, the APPRAISER represents that he is qualified to make such appraisal and has agreed to perform said appraisal services under terms and conditions hereinafter set forth. NOW THEREFORE, the CITY and the APPRAISER for the consider- ations and other conditions hereinafter set out do agree as follows : 1. The APPRAISER agrees to furnish and perform in satis- factory and proper manner appraisal services for the CITY in con- nection with the aforesaid job as follows : That in consideration of the compensation hereinafter set - 2 - out, the APPRAISER will prepare one appraisal on each tract of property on the following numbered tracts of property : Tracts Numbers on Job No. , FAP No. , as shown by right of way sketch map of the State Highway Department attached hereto and made a part of this agreement. As compensation for said services, the CITY shall pay the APPRAISER as follows : 2. It is understood and agreed that the time element is material to this Contract and the APPRAISER agrees to begin work on the appraisal of the properties as soon as notified that the contract has been approved, and shall deliver completed appraisals upon the following time schedule which he established after in- specting the maps and viewing the properties : A. The APPRAISER shall, twenty-eight (28) calendar days, from the date of work authorization submit completed appraisals for at least tracts. B. Thereafter appraisals covering at least tracts shall be submitted each (fifteen day period) (calendar week) until the entire contract is completed. C. All properties under the terms of this contract shall be completed and submitted by the date of or as decelerated by receipt of tract descriptions. 3. The APPRAISER agrees that he will defend his appraisals in Court when requested to do so by the CITY and the CITY agrees that it will pay a fee not to exceed One Iundred Dollars ($100.00) per man day, the time to be calculated on one-half (1/2) day increments, and such additional services for testimony in Court, for time con- sumed for hringing the appraisal up to date as a result of economic changes, etc. - 3 - 4. The CITY will furnish in addition to required en- gineering assistance to determine right of way limitation and highway alignment upon request the following to the APPRAISER. A. Certificate of title giving name of purported owner, full legal description and other pertinent in- formation concerning property to which any of the tracts involved are attached. B. Legal description of property to be acquired. C. A sketch map drawn to scale as to improvements, and showing the location and alignment of the entire project. 5. The APPRAISER further agrees to submit a complete and detailed appraisal report in quadruplicate upon the Arkansas State Highway Commission Right-of-Way form No. R-479, which forms are to be furnished by the Arkansas State Highway Commission indicating thereon the basis for arriving at the amount of damage and the value shown, (i.e. , real estate property damage, severance, etc.) . The original and three copies of all appraisal reports shall contain photographs of all principal above-grourci improvements or unusual features affecting the value of the property to be taken or the amount of carnage. The photographs shall be attached to the reports and shall contain the following identification on the back: Tract No. Job No. Building No. Date Signature of Photographer In the event there should occur changes in ownership or revision in the area to be taken necessitating a revision of the appraisal reports the APPRAISER agrees to perform such revision for the sum of Dollars. 1 - 4 - (6) It is agreed by the parties hereto that the appraisal reports submitted under this contract are for the confidential infor- mation of the CITY with exception that said reports may be submitted to authorized personnel of the Arkansas State Highway Commission and/or the United States Bureau of Public Roads for their inspection and approval, and any breach of such confidence shall be considered a material breach of this contract unless a disclosure of the contents of the report is made when the APPRAISER is called upon to testify in court in relation to such report under oath or pursuant to any law- ful subpoena or court order. (7) Payments may be made by the CITY for the completed appraisal reports on submission of statements by the APPRAISER in duplicate after same have been previously approved by the Appraisal Office of the Arkansas State Highway Department and when the Arkansas State Highway Commission and the City of Little Rock are satisfied that the submitted appraisals conform to the requirements of this contract statements shall not be submitted oftener than every two weeks. (S) The CITY have the right to ncel this contract on one week' s written notice whenever it is informed by the Appraisal Section of the Arkansas State Highway Department that the APPRAISER has failed to fulfill the agreed schedule for two (2) consecutive weeks. The CITY shall have the right to cancel this contract at any time by giving two weeks written notice of such cancellation and the City ' s obligation, upon cancellation, shall be limited to payment for reports approved by the Appraisal Section of the State Highway Commission submitted prior to the date of cancellation. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on this day of , 196 CITY OF LITTLE ROCK BY APPRAISER Werner C. <noop, Mayor ATTEST : Pauline Beeson I . M . SECTION 2 . This resolution shall be in full force and effect from and after its adoption. ADOPTED: November 19, 1962 ATTEST. APPROVED: City Clerk TNay.A