Ordinance No. 7,895970213 -4
ORDINANCE NO. 7895
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL APPRAISAL
SERVICES CONTRACT WITH THOS. Y. PICKETT & COMPANY, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
TWENTY -TWO THOUSAND AND NO /100 DOLLARS ($22,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 an industrial appraisal
services contract with Thos. Y. Pickett & Company, Inc. 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., the sum of TWENTY -TWO THOUSAND AND NO / 100 DOLLARS 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 NO/ 100 DOLLARS ($15,000.00) or less, subject
to the provision that the original contract price may not be increased by more than twenty -five percent
(25 %) or decreased by more than twenty-five percent (25 %) 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 13th day of February, 1997.
C
PETE C. ALFA 0, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, W, C_ ity Attorney
c:\council\meetings\february\pickett. 13
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THE STATE OF TEXAS §
COUNTIES OF HARRIS §
AND CHAMBERS §
KNOW ALL MEN BY THESE PRESENTS:
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 Districts, 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 Industrial Appraisal Review Board 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 Industrial Appraisal Review Board
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
EXHIBIT A
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:
The Company agrees and obligates itself to make such analysis and survey as of January 1,
1997, through December 31, 1997, 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 Industrial Appraisal Review Board 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.
Il.
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.
K.
III.
is The Company further agrees to compile all information procured during its investigation,
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analysis, and survey, in such a manner as to facilitate and expedite the introduction of such expert
testimony as requested by the Industrial Appraisal Review Board, based on such information and
presented in concise and intelligent form.
IV
The Company further agrees to make available at stated sessions of the Industrial Appraisal
Review Board, such qualified, competent, technical personnel as may be required and to furnish for
the benefit of the Industrial Appraisal Review Board, 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, 1997:
ADVANCED AROMATICS, INC.
AMOCO CHEMICALS CORP.
BAYER CORPORATION
BORDEN AIR PRODUCTS
CHEVRON CHEMICAL CO.
EL DORADO NITROGEN COMPANY
ENGINEERED CARBONS INC.
EXXON CORPORATION
FINE ORGANICS
HERITAGE INKS INTERNATIONAL CORPORATION
HOUSTON LIGHTING AND POWER COMPANY
KOPPEL STEEL CORPORATION
MOBLEY COMPANY INC.
NATURAL GAS ODORIZING
RHONE POULENC BASIC CHEMICAL COMPANY
J.E. RILEY COMPANY
SAMSON CONTROLS INC.
SAW PIPES USA, INC.
SEAPAC INC.
TEXAS BRINE
USX CORPORATION
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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 Industrial
Appraisal Review Board for the respective Appraisal Districts in its final action in certifying
valuations for such properties for 1997.
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 1997, and new construction exemptions granted by the City as
defined within the industrial district agreement.
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 -TWO
THOUSAND AND N01100 DOLLARS ($22,000.00) for the year 1997, as full compensation for
the services rendered the City for the Baytown Industrial Districts under the terms of this agreement.
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® VII.
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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: FOUR THOUSAND
AND NO /100 DOLLARS ($4,000.00) on the first day of April, May, June and July 1997, and. the
balance shall be paid upon completion of the work and after final action has been taken by the
Industrial Appraisal Review Board in and for the City of Baytown for the Baytown Industrial Districts
for the year 1997.
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.
/VA
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.
M
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.
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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.
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 an original, but all of which shall constitute but one and
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® the same Agreement on the _ day of 1997, the date of the execution by the
City Manager of the City of Baytown.
ATTEST;
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
sere
ACIO RAMIREZ, SR. ity Attorney
ATTEST:
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Secre ry
7E-Re,eL � z_ t J P J(!�, A
Printed Marrie
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CITY OF BAYTOWN, TEXAS
:
BOBBY ROUNTREE, City Manager
THOS. Y. PICKETT & COMPANY, INC.
By
ROBERT T. LEHN, Vice President