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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
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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.
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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
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(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