Ordinance No. 3,36520407 -3
ORDINANCE NO. 3365
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, TEXAS:
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 the 7th day
of April , 1982.
A�
4111EITO. HUTTO, Mayor
ATTEST:
V •, /� n
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL 9. STRONG, ty Attorney
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS X
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 pro-
cessing 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, etc.,
as of January 1, 1983, and January 1, 1984, 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 as-
sessing the valuations of such properties in legal conformity with
i�
all other property valuations in said City for tax assessment pur-
l'
poses; for the City and all agencies for which the City collects
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 manufacturing properties, and
in the performance of the duties imposed by law upon such Board in
the inspection, correction, equalization and approval of such rendi-
tions 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 appraisal of such properties to compile information for
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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 Collec-
tor, as compared with valuations of all other properties rendered or
assessed in said City or by other agencies; and
WHEREAS, it is ascertained and determined that Thos. Y.
{
Pickett & Company, Inc., of Dallas, Texas, are experts with many
�1
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, 1983, and January 1,
1
1984, respectively, which shall include all of the information which
i
Second Party is able to procure 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 Equalization in reviewing
and equalizing the renditions of and assessments against such prop-
erties submitted to it by the Tax Assessor and Collector for said
Board's approval, and for the further purpose of furnishing the tes-
timony as hereinafter specified.
It is expressly agreed and understood the "OIL, MINERAL,
UTILITY, AND INDUSTRIAL PROPERTIES ", as such term is used herein,
shall include:
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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 explora-
tion, 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 requested by the Board of Equalization,
based on such information and presented in concise and intelligent
form.
3.
PARTY OF THE SECOND PART further agrees to make available
i at stated sessions of the Board of Equalization, such qualified,
;i
competent, technical personnel as may be required and to furnish
for the benefit of the Board of Equalization, such expert testimony
I
as may be deemed advisable by said Board pertaining to the estimated
valuation of all oil, gas, minerals, public utilities, railroads,
industrial and manufacturing properties as of January 1, 1983, and
January 1, 1984, respectively, as shown on tabulations herein pro-
vided to be prepared.
4.
FOR AND IN CONSIDERATION of the skilled services, technical
knowledge and experience of Second Party, in performance of the obli-
gations herein 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, the sum of Twenty -three Thousand
($23,000.00) Dollars as full compensation for the services rendered
the City of Baytown under the terms of this agreement for the year
1983, and a like sum increased by the rate of increase in the Con-
sumer Price Index as published by the United States Department of
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Labor at the end of the year 1983, as full compensation for the
services rendered to the City of Baytown under the terms of this
agreement for the year 1984.
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: One Thousand Five Hundred ($1,500.00)
Dollars on the first day of January, February, March, April, May,
and June, 1983, 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 1983; and
One Thousand Five Hundred ($1,500.00) Dollars on the first day of
January, February, March, April, May, and June, 1984, 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 1984.
W
This contract shall be null and void for the year in which
valuations are utilized by the Harris County Appraisal District as
provided by Senate Bill #621, unless the City of Baytown notifies
in writing the Party of the Second Part that it desires to continue
the contract in order to have an independent valuation made for use
in determining industrial district payments or industrial taxes.
Such continuation would be under the same terms and conditions as
herein stated.
W
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 & Company, Inc., or their assistants, for salaries, ex-
penses, or materials except as above stated.
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BY ORDER OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
HARRIS COUNTY, TEXAS.
WITNESS OUR HANDS IN DUPLICATE this day of
, A.D., 1982.
ATTEST:
City Secretary
Director of Finance
PARTY OF THE FIRST PART
CITY OF BAYTOWN, TEXAS
By:
City Manager
PARTY OF THE SECOND PART
THOS. Y. PICKETT E COMPANY, INC.
Y: xtl
Vice President