Ordinance No. 2,59181214 -3
ORDINANCE NO. 2591
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A CONTRACT WITH THOMAS Y. PICKETT & COMPANY,
INC. FOR INDUSTRIAL APPRAISAL SERVICES, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby approves a contract with Thomas Y. Pickett & Company,
Inc. for appraisal services to be rendered with regard to
oil, mineral, utility, and industrial properties situated
within the City of Baytown and its industrial districts. A
copy of said contract is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: That the City Manager and City Clerk of the
City of Baytown are authorized and directed to execute and
attest to the contract with Thomas Y. Pickett & Company,
Inc. for said appraisal services.
Section 3: That this ordinance shall take effect from
and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 14th day
of December 1978.
TT O. H TT , Mayor
ATTEST:-
&ILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
E X H I B I T "A"
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THAT WHEREAS, the City Council of the City of Baytown, Harris
County, Texas, does not have available, among the files and records of such
City, a list of the record owners of all producing oil and gas properties,
showing the particular interest or interests, therein owned, nor a survey
of such above described properties, or oil and gas pipelines and systems,
refineries, oil and gas processing plants and all other industrial plants
of whatever character, storage oil, personal property used in the explora-
tion, development and production of oil and gas and other minerals, railroads
and all public utilities, including electrical generating facilities, etc.,
as of January 1, 1979 and January 1, 1980, respectively, nor do they have
the necessary scientific or technical skill to compile and evaluate such
lists and make such surveys, for the convenience and information of the Tax
Assessor - Collector of said City in assessing the valuations of such properties
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in legal conformity with all other property valuations in said City for tax
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assessment purposes; for the City and all agencies for which the City collects j
taxes; and
WHEREAS, the Board of Equalization of the City of Baytown, sitting
as such Board, as required by law, has heretofore and will in the future have
submitted to it for inspection, correction, or equalization and approval,
renditions of or assessments against oil and gas properties, other mineral
properties, public utilities, railroads, and other industrial and manufac-
turing properties, and in the performance of the duties imposed by law upon
such Board in the inspection, correction, equalization and approval of such
renditions or assessments, will have need for testimony pertaining to such
properties requiring scientific knowledge, technical skill and experience in
analysis and appraisal of such properties; and
WHEREAS, the City Council of said City has determined the need and
advisability of employing experts skilled in the matter of analysis and ap-
praisal of such properties to compile information for use by the Board of
Equalization in its inspecting, correcting, equalizing and approving the
valuations of or assessments against such properties, duly submitted to it
by the Tax Assessor and Collector, as compared with valuations of all other
properties rendered or assessed in said City or by other agencies; and
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WHEREAS, it is ascertained and determined that Thos. Y. Pickett &
Company, Inc., of Dallas, Texas, are experts with many years experience in
such matters and employ professional engineers, registered in this State, who
have scientific and technical knowledge; and
WHEREAS, it is found and determined to be to the advantage of the
City that said City Council employ the services of Thos. Y. Pickett & Company,
Inc., for said purposes;
IT IS THEREFORE AGREED BY AND BETWEEN the City of Baytown, of Harris
County, Texas, acting herein by and through its City Council, Party of the
First Part, and Thos. Y. Pickett & Company, Inc., of Dallas County, Texas,
Party of the Second Part, as follows:
1.
PARTY OF THE SECOND PART agrees and obligates itself to make such
analysis and survey as of January 1, 1979 and January 1, 1980, respectively,
which shall include.all of the information which Second Party is able to pro-
cure pertaining to the character, quality, quantity, as well as the value of
any and all oil, gas, minerals, public utilities, railroads, industrial and
manufacturing properties within said City, for use of the Board of Equaliza-
tion in reviewing and equalizing the renditions of and assessments against
such properties submitted to it by the Tax Assessor and Collector for said
Board's approval, and for the further purpose of furnishing the testimony as
hereinafter specified.
It is expressly agreed and understood the "OIL, MINERAL, UTILITY,
AND INDUSTRIAL PROPERTIES ", as such term is used herein, shall include:
All proven oil and gas leases and other developed mineral
leases wherever situated in said City, oil and gas pipe
lines, compressor facilities and systems, refineries, oil
and gas processing plants and all other industrial plants
of whatever character, storage oil, personal property used
in the exploration, development and production of oil and
gas and other minerals, railroads and all public utilities,
including electrical generating facilities.
2.
PARTY OF THE SECOND PART further agrees to compile all information
procured during its investigation, analysis and survey, in such manner as to
facilitate and expedite the introduction of such expert testimony as re-
quested by'the Board of Equalization, based on such information and presented
in concise and intelligent form.
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PARTY OF THE SECOND PART further agrees to make available at stated
sessions of the Board of Equalization, such qualified, competent, technical
personnel as may be required and to furnish for the benefit of the Board of
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+ Equalization, such expert testimony as may be deemed advisable by said Board
pertaining to the estimated valuation of all oil, gas, minerals, public util-
ities, railroads, industrial and manufacturing properties as of January 1,
I,
1979 and January 1, 1980, respectively, as shown on tabulations herein pro-
;
f� vided to be prepared.
4.
FOR AND IN CONSIDERATION of the skilled services, technical know -
ledge and experience of Second Party, in performance of the obligations herein
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agreed to be performed by Second Party, Party of the First Part agrees and
obligates itself to pay Second Party out of the General Funds of said City,
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the sum of Seventeen Thousand Five Hundred ($17,500.00) Dollars as full com-
pensation for the services rendered the City of Baytown under the terms of
this agreement for the year 1979, and the sum of Seventeen Thousand Five
Hundred ($17,500.00) Dollars as full compensation for the services rendered
the City of Baytown under the terms of this agreement for the year 1980.
5.
Payments legally drawn against the General Funds of said City shall
be made on this contract from time to time as the work progresses, as follows:)
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Fifteen Hundred ($1,500.00) Dollars on the first day of January, February,
March, April, May, and June, 1979, and the balance shall be paid upon the
completion of the work and after final action has been taken by the Board of
Equalization in and for the City of Baytown for the year 1979; and Fifteen
Hundred ($1,500.00) Dollars on the first day of January, February, March,
April, May, and June, 1980, and the balance shall be paid upon the completion
of the work and after final action has been taken by the Board of Equalization
in and for the City of Baytown for the year 1980.
6.
The said Thos. Y. Pickett & Company, Inc., further agrees that in
no way will the said City of Baytown be obligated to Thos. Y. Pickett & Com-
pany, Inc., or their assistants, for salaries, expenses, or materials, except
as above stated.
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BY ORDER OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, HARRIS COUNTY,
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TEXAS.
it WITNESS OUR HANDS IN DUPLICATE this day of ,
A.D. , 1978.
ATTEST:
City Secretary
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"• Director of Finance
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PARTY OF THE FIRST PART
CITY OF BAYTOWN
By
City Manager
PARTY OF THE SECOND PART
THOS. Y. ICKETT & COMPANY, INC.
By. C2 , , � i,,