Ordinance No. 10,598ORDINANCE NO. 10,598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
is AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH HUGH L.
LANDRUM & ASSOCIATES, INC., FOR THE APPRAISAL OF PROPERTY
WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY -TWO THOUSAND
AND NO /100 DOLLARS ($32,000.00); 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 Interim City Manager and City Clerk of the City of Baytown to execute and attest to an
appraisal agreement with Hugh L. Landrum & Associates, Inc., for the appraisal of property within the
Baytown Industrial Districts. A copy of said agreement 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 Hugh L.
Landrum & Associates, Inc., in the amount of THIRTY -TWO THOUSAND AND NO /100 DOLLARS
($32,000.00) for appraisal services in accordance with the agreement.
Section 3: That in addition to the amount specified in Section 2 hereof, the Interim City
Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY-
FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, provided that the amount authorized
in Section 2 hereof may not be increased by more than twenty -five percent (25 %).
Section 4: This ordinance shall take effect immediately from and aft its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of t Council of the City of
Baytown this the 26`h day of April, 2007. (
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci ttorney
STFPHEN H. DONCARLOS, Mayor
OF YHr
0 R \Karen \Files \City Counci1\0rdinances \2007 \Apri1 26\ 2007AppraisaloflndustrialDistrict2HughLLanham .doe
•
Exhibit "A"
Appraisal Agreement for Baytown Industrial Districts
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF HARRIS §
AND CHAMBERS §
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
WHEREAS, it is ascertained and determined that Hugh L. Landrum & Associates, Inc., of
Harris County, 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 Hugh L. Landrum &
Associates, 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 Hugh L. Landrum & Associates, Inc., of Harris County, Texas, as follows:
Appraisal Agreement for Baytown Industrial Districts, Page I
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The Company agrees and obligates itself to make such analysis and survey as of January 1,
2007, through December 31, 2007, 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.
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 SIX
HUNDRED AND NO /100 DOLLARS ($600.00) per day. The Company shall also be reimbursed
by the City for reasonable travel and expenses.
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 Industrial Appraisal Review Board, based on such information and
presented in concise and intelligent form acceptable to the Board.
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 or requested by
the City 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, with which the City has or hereinafter obtains industrial district
agreements, as of January 1, 2007. Such industrial and utility plants shall, include, but not be
limited to, the following:
ADVANCED AROMATICS, INC.
AIR PRODUCTS, INCORPORATED
BAYER CORPORATE BUSINESS SERVICES, LLC
BAYER MATERIAL & SCIENCE, LLC
BAYTOWN ENERGY CENTER, L.P. (FKA CALPINE CORPORATION)
BORDEN CHEMICAL, INC.
B.P. AMOCO CHEMICAL COMPANY
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC (FKA RELIANT
ENERGY)
Appraisal Agreement for Baytown Industrial Districts, Page 2
F_ -I
L__A
CHEVRON CHEMICAL COMPANY
DEGUSSA ENGINEERED CARBONS, L.P.
DOME HYDROCARBONS, L.C.
ECOLOCHEM, INC.
EL DORADO NITROGEN COMPANY
EXXON MOBIL CORPORATION (FKA EXXON CORPORATION)
FIRST CHEMICAL TEXAS, L.P.
HOME DEPOT U.S.A., INC.
KOPPEL STEEL CORPORATION
LANXESS CORPORATION
NATURAL GAS ODORIZING, INC.
RHODIA (FKA RHONE- POULENC, INC.)
SAMSON CONTROLS, INC.
SAW PIPES USA, INC.
SEAPAC, INC.
SECURITY TRUCK SERVICES, LLC
SUN CHEMICAL CORPORATION
TEXAS BRINE COMPANY BAYTOWN, LLC
TEXAS GENCO, L.P.
UNIMAST, INC.
U.S. DENRO STEEL, INC.
U.S. FILTER CORPORATION
® UNITED STATES STEEL CORPORATION (F/K/A USX CORPORATION)
VANTAGE DEVELOPMENT #40, INC.
WAL -MART STORES EAST, L.P.
It is expressly understood that the Company will work diligently with the Harris and
Chambers County Appraisal Districts and the appraisal firm of Capitol Appraisal Group 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.
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 Commission on
Environmental Quality and valued under the authority of Harris and Chambers County Appraisal
Districts, as applicable, and the Baytown Industrial Appraisal Review Board for 2007, and new
construction exemptions granted by the City as defined within the industrial district agreements.
Vi.
The term of this Agreement is one year, from January 1, 2007 through December 31, 2007.
This Agreement may be renewed for two additional one -year terms. Each additional term is
Appraisal Agreement for Baytown Industrial Districts, Page 3
renewable upon the City of Baytown's approval and receipt of written notice from the Company of
its desire to renew said agreement. The written notice must be received by the City at least thirty
(30) days prior to the expiration of the then - current term. Such renewal shall be for the same
compensation set forth in Article VII, but the compensation may be adjusted to reflect the Consumer
Price Index (Urban) of the month sixty-three (63) days prior to expiration date if requested by the
Company in its notice to renew.
VII.
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 THIRTY TWO
THOUSAND AND NO /100 DOLLARS ($32,000.00) for the year 2007, as full compensation for the
services rendered the City for the Baytown Industrial Districts under the terms of this Agreement.
Vill.
Payments shall be made on this Contract at the office of the Company at 12621 Featherwood
Drive, Suite 325, Houston, TX 77034 -4905, from time to time as the work progresses, as follows:
EIGHT THOUSAND AND NO/] 00 DOLLARS ($8,000.00) on the first day of, June and July 2007,
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 2007.
IX,
The Company further agrees that in no way will the said City of Baytown be obligated to the
Company or its assistants, for salaries, expenses, or materials except as above stated.
R
Throughout the term of this Agreement, the Company at its own expense shall purchase,
maintain, and keep in force and effect insurance against claims for injuries to or death of persons or
damages to property which may arise out of or result from the Company's operations and/or
performance of the services under this Agreement, whether such operations and/or performance be
by the Company, its officers, agents, representatives, volunteers, employees or subcontractors or by
anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may
be liable.
The Company's insurance coverage shall be primary insurance with respect to the City, its
officers, agents, and employees. Any insurance or self - insurance maintained by the City, its
officials, agents and employees, shall be considered in excess of the City's insurance and shall not
contribute to it. Further, the Company shall include all subcontractors, if any, as additional insureds
under its commercial general liability policies or shall furnish separate certificates and endorsements
Appraisal Agreement for Baytown Industrial Districts, Page 4
for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Per Occurrence: $ 500,000
Fire Damage: $ 50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of
individual exclusions being attached for review and acceptance.
Business Automobile policy (BAP)
Combined Single Limits: $ 500,000
a. Coverage for "Any Auto"
Errors and Omissions (E&O)
Limit: $ 250,000
a. Claims -made form is acceptable. Coverage will be in force for two (2) years
after Project is completed.
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of subrogation is required.
Upon execution of this Agreement, the Company shall file with the City valid Certificates of
Insurance and endorsements acceptable to the City. Such Certificates shall contain a provision that
coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at
least thirty (30) days' prior written notice has been given to the City via certified mail, return receipt
requested.
The Company shall also file with the City valid Certificates of Insurance covering all
Subcontractors.
The following are general requirements which are applicable to all policies:
a. AM Best Rating of B +:VII or better for all liability policies.
b. Insurance carriers licensed and admitted to do business in the State of Texas will be
accepted.
C. Liability policies will be occurrence form. E &O can be on claims -made basis.
d. City of Baytown, its officials and employees are to be added as Additional Insureds
to liability policies.
e. Upon request of and without cost to City of Baytown, certified copies of all
insurance policies and/or certificates of insurance shall be furnished to City of
Appraisal Agreement for Baytown Industrial Districts, Page 5
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Baytown's representative. Certificates of insurance showing evidence of insurance
coverage shall be provided to the City of Baytown's representative prior to execution
of this Agreement.
Upon request of and without cost to City of Baytown, loss runs (claims listing) of
any and/or all insurance coverage shall be furnished to the City of Baytown's
representative.
go
This Agreement may be terminated by the City of Baytown for cause or for convenience by
giving ten (10) days' written notice to the Company. If this Agreement is so terminated by the City,
the Company shall be compensated only for the services actually performed and tendered to the City
in accordance with the schedule enumerated in article VIII hereof. Upon such notice of termination
by the City, the Company shall stop work immediately, mitigate any costs to be paid by the City, and
forward all documents which the Company has created in furtherance of this Agreement to the
Owner.
Xll.
INDEMNITY
THE COMPANY AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES PERFORMED BY THE COMPANY
PURSUANT , TO THIS AGREEMENT, THE CONDUCT OR
MANAGEMENT OF THE COMPANY'S BUSINESS OR ACTIVITIES, OR
FROM ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS,
SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES
PERFORMED IN FURTHERANCE OF THIS AGREEMENT. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE
COMPANY AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH IS INDEMNITY BY THE COMPANY TO INDEMNIFY
AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE
COMPANY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE
SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY, DEATH
OR DAMAGE. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
Appraisal Agreement for Baytown Industrial Districts, Page 6
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I. J
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE,
THE COMPANY FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THIS ARTICLE SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS AGREEMENT AND SHALL NOT
EXPIRE.
XIII.
By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of this Agreement
or any other contract or agreement, any charter, or applicable state law. The Company assumes full
responsibility for the services performed hereunder.
XIV.
Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person to the individual, or if delivered at or sent by overnight or facsimile transmission
or if delivered or sent by certified or registered mail to its business address as indicated hereinbelow:
COMPANY
Hugh L. Landrum & Associates, Inc.
Attn: President
12621 Featherwood Drive, Suite 325
Houston, TX 77034 -4905
Fax: (281) 484 -7272
CITY
City of Baytown
Attn: Interim City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
Each party will have the right to change its business address by giving at least thirty (30)
calendar days' written notice to the other party of such change. Notice given by mail shall be
deemed given three (3) calendar days after the date of the mailing thereof.
XV.
The parties agree that this Agreement shall not be construed in favor of or against any party
on the basis that the party did or did not author this Agreement.
Appraisal Agreement for Qavtown Industrial Districts, Page 7
XV1.
This Agreement shall not bestow any rights upon any third party, but rather shall bind the
Company and the City only.
F,i`lIlw
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.
XVIII.
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.
M.
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.
XX.
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.
III
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.
WM11
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.
Appraisal Agreement for Baytown Industrial Districts, Page 8
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IN WITNI SS WI-IEREOI , the parties IICI'Cl0 haVC; oxecllted this A,,,lrcement in mulliple
copies, each olwhich shall be ciccined to bean oriu-inal, but all of \inch shall constitute but 011c and
the same :,1LYYreenlcnt on the _clay oC 2007. the date 01'111C execution by the
Interim City tMana'er of the Cite of Baytown.
1 I T1--'ST:
L.ORRI COOLY, City Clerk
\PPROVED AS TO FORiM:
IGN:ICIO R.ANIMIRLZ. SR.. Cite AllorneY
`_LTFST:
1 "RACL:Y L oS,V I:. Secrctary
R Conte:etllrna. i +.n: l: \!i;u. i.. l'_l!n7 doe
1ptn;tisal Aorcemenl for Ba yti�wn lndlisiri;ll I stricls. I'a�c 9
CITY OF BAYTOWiN,'1'1? \AS
By
ROBI R`I D. I_EIPIIR, Interim City iMana�ger
1-11 -JGI -I L. LANIDRM/I & ASSOC I:ITES, INC.
I-ILI tl -I L. LANDRUM, L \, President
�sident