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Ordinance No. 4,06050124 -1 ORDINANCE NO. 4060 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER 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, Texas, 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: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the Z4th day of January, 1985. A N CANNON, Mayor ATTEST: E I L E E P. R ALL, City Clerk APPROVED: ANDALL B. STRONG, City At ney 50124 -1a THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS Z 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, 1985, 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 in legal conformity with all other property valuations in said City for tax assessment purposes, 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 ex- perience 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 50124 -1b analysis and appraisal 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 - Collector, as compared with valuations of all other properties rendered or as- sessed 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 years experience in such matters and employ professional engineers, regis- i tered 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 E 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: PARTY OF THE SECOND PART agrees and obligates itself to make such analysis and survey as of January 1, 1985, which shall in- clude all of the information which 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, in- dustrial and manufacturing properties within said City, for use of the Board of Equalization in reviewing and equalizing the renditions of and assessments against such properties submitted to it by the Tax Assessor - 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 pipelines, compressor facilities and systems, 50124 -1c refineries, oil and gas processing plants and all other industrial plants of whatever character, storage oil, personal property used in the ex- ploration, development and production of oil and gas and other minerals, railroads and all public utilities, including electrical generating facilities. 0 PARTY OF THE SECOND PART further agrees to compile all information procured during its investigation, analysis and survey, i i3. 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 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 Equalization, such expert testimony 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, 1985, as shown on tabulations herein provided to be prepared. ON 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 rv; �,r 7"vosaJ %sVo cu 9. s General Funds of said City, the sum of Twenty Thousand Dollars as full compensation for the services rendered the City of Baytown under the terms of this agreement for the year 1985. 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: 50124 -1d One Thousand Five Hundred ($],500.00) Dollars on the first day of February, March, April, May, June, and July, 1985, 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 1985• 5. This contract shall be null and void for the year in which valuations are utilized by the Harris County Appraisal District as I provided by Senate Bill #62i, unless the City of Baytown notifies in EI writing the Party of the Second Part that it desired 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 1. stated. Vi I! it ]. .I i� 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, expenses, or materials except as above stated. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, HARRIS h COUNTY, TEXAS. i WITNESS OUR HANDS IN DUPLICATE this day of AD, 1985. ATTEST: i City Secretary Director of Finance PARTY OF THE FIRST PART CITY OF BAYTOWN, TEXAS By: City Manager PARTY OF THE SECOND PART THOS. PICKETT & C�MPANY, INC. Vice President I