Loading...
Ordinance No. 7,276950323 -17 OtRDINANCE NO. 7276 • 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 ASSESSING EVALUATIONS OF PROPERTIES WITHIN BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY THOUSAND AND N01100 DOLLARS ($20,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a contract with Thos. Y. Pickett & Company, Inc., for evaluations of properties within Baytown 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 Council of the City of Baytown authorizes payment to Thos. Y. Pickett & Company, Inc., of the sum of TWENTY THOUSAND AND N01100 DOLLARS ($20, 000. 00) , pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND N01100 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five (250) or decreased by more than twenty -five (250) percent without the consent of the contractor to such decrease. Section 4: 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 23rd day of March, 1995. '� e PETE C. AL ARO, Mayor ATTEST: EILEEN P. HALL, City Clerk 950323 -17a • APPROVED AS TO FORM: 94�e_� 11-14 ACIO RAMIREZ, SR.V City Attorney 0 legal /council/ march /3- 23- 951DAappraisCONPRACT 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, hereinafter referred to as the "City," 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 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 EXHIBIT A n U 0 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, hereinafter referred to as "Company," 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, and Thos. Y. Pickett & Company, Inc., of Dallas County, Texas, as follows: I. The Company agrees and obligates itself to make such analysis and survey as of January 1, 1995, through December 31, 1995, which shall include all of the information which the Company after exercising due diligence 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. 2 • A 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 Dollars ($500.00) per day. The Company shall also be reimbursed by the City for reasonable travel and expenses. III. The Company 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. The Company further agrees to make available at stated sessions of the Board of Review, such qualified, competent, technical personnel as may be required and to furnish for the benefit of the 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 1, 1995: ADVANCED AROMATICS, INC. AMOCO CHEMICALS CORP. CHEVRON CHEMICAL CO. EXXON CORPORATION HOUSTON LIGHTING AND POWER J.M. HUBER CORPORATION KOPPEL STEEL CORPORATION MILES INC. MOBLEY COMPANY INC. NATURAL GAS ODORIZING RHONE - POULENC BASIC CHEMICAL COMPANY • SAMSON CONTROLS INC. SAW PIPES USA, INC. SEAPAC INC. USX CORPORATION 3 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 1995. V. Company further understands and agrees that it shall render to the City general advice on the planning for the impact of the Pollution Control Exemptions granted by the Texas Natural Resources Conservation Commission and valued under the authority of Harris County Appraisal District and the Baytown Board of Equalization for 1995. VI. FOR AND IN CONSIDERATION of the skilled services, technical knowledge and experience of the Company, in performance of the obligations herein agreed to be performed by the Company, the City agrees and obligates itself to pay the Company the sum of TWENTY THOUSAND AND N01100 DOLLARS ($20,000.00) for the year 1995, as full • compensation for the services rendered the City for the Baytown Industrial Districts under the terms of this agreement. 4 0 0 • VII. • 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 FIVE HUNDRED AND N01100 DOLLARS ($3,500.00) on the first day of April, May, June and July 1995, 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 1995. VIII. 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. IX. This agreement shall not bestow any rights upon any third party, but rather shall bind the Company and the City only. X. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. XI. The Company shall not sell, assign or transfer any of its rights or obligations under this contract in whole or in part without prior written consent of the City. 5 C] • • XII. • Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. XIII. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XIV. All parties agree that should any provision of this agreement be determined to be invalid or enforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. XV. The officers executing this Agreement on behalf of the parties hereby confirm that such officers have full authority to execute this agreement and to bind the party he represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be C1 0 • • an original, but all of which shall constitute but one and the same Agreement on the day of March, 1995, the date of the execution by the City Manager of the City of Baytown. CITY OF BAYTOWN, TEXAS By BOBBY ROUNTREE, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney THOS. Y. PICKETT & COMPANY, INC. By ATTEST: • IcgaV convacUlNDappraisalSERVfor1 7 President • 0