Ordinance No. 5,854910509 -5
ORDINANCE NO. 5854
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THOS. Y. PICKETT & 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 l: That the City Council of the
hereby approves a contract with Thos. Y. Pickett
for appraisal services to be rendered with
mineral, utility, and industrial properties site
City of Baytown and its industrial districts.
contract is attached hereto, marked Exhibit "A,"
hereof for all intents and purposes.
City of Baytown
& Company, Inc.
regard to oil,
sated within the
A copy of said
and made a part
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 Thos. 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 9th day of May,
1991.
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ATTEST
EILEEN P. HALL, City Clerk
NACIO RAMIR Z, SR., Assistant City Attorney
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• 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 records of such City a survey of specific
industrial and utility plants of whatever character for the
Baytown Industrial District, nor do they have the necessary
scientific or technical skill to compile, evaluate, and make such
survey, 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 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 knowledge, technical skill and experience in analysis
and appraisal of such properties; and
WHEREAS, the City Council of the City of Baytown for the
40 Baytown Industrial Districts has determined the need and
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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 employ 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:
I.
PARTY OF THE SECOND PART agrees and obligates itself to make
such analysis and survey as of January 1, 1991 through December
31, 1991, which shall include all of the information which Second
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Party is able to procure pertaining to the character, 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 testimony as
hereinafter specified.
II.
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 and No /100 ($500.00) Dollars per day. The
Company shall also be reimbursed by the City of Baytown for
reasonable travel and subsistence expenses.
III.
PARTY OF THE SECOND PART further agrees to compile all
information procured during its investigation, analysis, and
survey, in such a 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.
IV.
PARTY OF THE SECOND PART further agrees to make available at
stated sessions of the Board of Review, such qualified,
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competent, technical personnel as may be required and to furnish
• for the benefit of the Board of Review, such expert testimony as
I•
may be deemed advisable by said Board pertaining to the estimated
valuation of specific industrial and utility plants as
enumerated, as of January 1, 1991:
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
It is expressly understood that Thos. Y. Pickett & Company,
Inc., will work diligently with the Harris and Chambers County
Appraisal Districts and the appraisal firm of Pritchard & Abbott
in coordinating and allocating values located in or appraised by
the Harris and Chambers County Appraisal Districts. 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 respective Appraisal Districts in its final action
in certifying valuations for such properties for 1991.
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• V.
FOR AND IN CONSIDERATION of the skilled services, technical
•
knowledge and experience of Second Party, in performance of the
obligations 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 AND N01100
($17,500.00) DOLLARS for the year 1991, as full compensation for
the services rendered the City of Baytown for the Baytown
Industrial Districts under the terms of this agreement.
VI.
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 AND N01100
($3,000.00) DOLLARS on the first day of May and June, 1991, 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
1991.
VII.
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.
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BY ORDER OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FOR THE
BAYTOWN INDUSTRIAL DISTRICTS, HARRIS AND CHAMBERS COUNTIES,
TEXAS.
WITNESS OUR HANDS IN DUPLICATE THIS DAY OF
, AD, 1991.
ATTEST:
City Clerk
Director of Finance
40 S :5:18:5
PARTY OF THE FIRST PART
CITY OF BAYTOWN, TEXAS
By:
City Manager
PARTY OF THE SECOND PART
THOS. Y. PICKETT & COMPANY, INC.
By:
President
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