Ordinance No. 5,442E
11
ORDINANCE NO. 5442
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THOMAS Y. PICKETT AND COMPANY, INC. FOR INDUSTRIAL
APPRAISAL SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
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
City Council of the
January, 1990.
00641ty
r PASSED by the affirmative vote of the
City of Baytown, this the lIth day of
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-RANDALL B. STRONG, City orney
• THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF HARRIS
AND CHAMBERS
•
THAT WHEREAS, the City Council of the City of Baytown, Harris and
Chambers Counties, Texas, does not have available among the files and recordsi
of such City a survey of specific industrial and utility plants of whatever
character, as of January 1, 1990, for the Baytown industrial Districts, nor
do they have the necessary scientific or technical skill to compile, evalu-
ate and make such surveys, for the convenience and information of the Tax
Assessor - Collector of said City in assessing the valuations of such proper-
ties in legal conformity with ail other property valuations in said City
for the Baytown Industrial Districts for which the City of Baytown collects
taxes; and
WHEREAS, the Board of Review and 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 specific industrial and utility plants,
and in the performance of the duties by law upon such Board, will have need
for testimony pertaining to such properties, requiring scientific know-
ledge, technical skill and experience in analysis and appraisal of such
properties; and
WHEREAS, the City Council of the City of Baytown for the Baytown
Industrial Districts has determined the need and advisability of employing
experts skilled in the matter of analysis and appraisal of such properties
to compile information for use by the Board of Review in its inspecting,
correcting, equalizing and approving the valuations of or assessments
against such properties, duly submitted to it by the Tax Assessor-Collector,
for the City of Baytown for the Baytown Industrial Districts; 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, 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 of Baytown for the Baytown Industrial Districts that said City Council
empioy the services of Thos. Y. Pickett & Company, Inc., for said purposes:
IT IS THEREFORE AGREED BY AND BETWEEN the City of Baytown for the
Baytown Industrial Districts of Harris_ and Chambers Counties, 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 I, 1990, which shall include all of the
information which Second Party is able to procure pertaining to the char-
acter, quality, quantity, as well as the value of specific industrial and
utility plants within the City and within the Baytown Industrial Districts
for use of the Board of Review in reviewing and equalizing the 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 testi-
mony as hereinafter specified.
2.
The Company further agrees to provide such expert testimony as
may be required in any civil litigation arising from the appraisals of
property covered by this contract, at a rate not to exceed Five Hundred
($500.00) Dollars per day. The Company shall also be reimbursed by the
City of Baytown for reasonable travel and subsistence expenses.
3.
PARTY OF THE SECOND PART further agrees to compile all informa-
tion 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 Review, based on such information
and presented in concise and intelligent form.
4.
PARTY OF THE SECOND PART further agrees to make available at
stated sessions of the Board'of Review, such qualified, competent, techni-
cal personnel as may be required and to furnish for the benefit of the
VIT .,
a
Board of Review, such expert testimony as may be deemed advisable by said
Board pertaining to the estimated valuation of specific industrial and
utility plants as enumerated, as of January I, 1990:
Advanced Aeromatics
Amoco Chemicals
Chevron Chemicals
Exxon
Hoesch Tubular Products (also Hoesch American)
Houston Lighting and Power
J.M. Huber Corporation
Mobay
Natural Gas Odorizing
Stauffer Chemical
USX Corporation /Buffalo Steel
It is expressly understood that Thos. Y. Pickett & Company, Inc.,
will work deligently with the Chambers County Appraisal District and the
appraisal firm of Pritchard & Abbott in coordinating and allocating values
located in or appraised by the Chambers County Appraisal District. All
such efforts will be done in a harmonious manner in properly describing,
defining and allocating values for the Baytown Industrial Districts.
Moreover, it is further understood that Thos. Y. Pickett & Company, Inc.,
cannot consistently defend or testify at Review Board hearings or civil
courts having jurisdiction to any value assigned or adjudicated by the
Board of Review for the Chambers County Appraisal District in its final
action in certifying valuations for such properties for 1990.
5
FOR AND IN CONSIDERATION of the skilled services, technical
knowledge and experience of Second Party, in performance of the obliga-
tions herein agreed to be performed by Second Party, Party of the First
Part agrees and obligates itself to pay Second Party the sum of Seventeen
Thousand Five Hundred (517,500.00) Dollars as full compensation for the
services rendered the City of Baytown for the Baytown Industrial Districts
under the terms of this agreement for the year 1990.
6.
Payments shall be made on this contract at the office of the
Company, 4464 Sigma Road, Dallas, Texas 75244, from time to time as the
work progresses, as follows:
Three Thousand ($3,000.00) Dollars on the first day of February, March,
April, May, and June, 1990, and the balance shall be paid upon completion
of the work and after final action has been taken by the Board of Review
in and for the City of Baytown for the Baytown Industrial Districts for
the year 1990.
7.
The said Thos. Y. Pickett E Company, Inc., further agrees that
in no way will the said City of Baytown be obligated to Thos. Y.,Pickett
E Company, lnc., or their assistants, for salaries, expenses, or materials
except as above stated.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FOR THE BAY-
TOWN INDUSTRIAL DISTRICTS, HARRIS AND CHAMBERS COUNTIES, TEXAS.
WITNESS OUR HANDS IN DUPLICATE this day of
AD, 1990.
ATTEST:
City Secretary
Director of Finance
"6 U, a6, A
PARTY OF THE FIRST PART
CITY OF BAYTOWN, TEXAS
By:
City Manager
PARTY OF THE SECOND PART
THOS. Y. PICKETT & COMPANY, INC.
Byj ✓G� „ 7
President