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Home My WebLink AboutO-1995-2071 . . ORDINANCE NO. 95 - 2 0 71 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HUGH L. LANDRUM & ASSOCIATES, INC., FOR APPRAISAL AND OTHER SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL DISTRICTS; APPROPRIATING $36,750 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS 1996, 1997, AND 1998; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. City Council appropriates the sum of $36,750, on an annual basis, for calendar years 1996, 1997, and 1998, from the General Fund #001 to fund said contract for as long as contract shall be in existence. SECTION 2: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 3: This Ordinance shall be in effect from and after its passage and approval. ORDINANCE NO: 9S-1It1 PASSED and APPROVED this the 23rd day of October, 1995. . Page 2. City of La po~ ~ By ?1h.?;, ~ . - orman Malone. M~ ATTEST: .~ ) ~~~ City Secretary ~ ~ED: . ~d) ~ City Attorney . . STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS WHEREAS. the Mayor and City Council of the City of La Porte, Texas, are concerned that properties within the Industrial District of the City and having Industrial District Contracts, continue to be taxed and to make "in-lieu of taxes" payments in accordance with their effective contracts; and WHEREAS, the Harris County Appraisal District has assumed responsibility for appraising all taxable property within these Industrial Districts, but is responsible to provide the City of La Porte only the values for the annexed and taxable portion of each industry, the unannexed portion being subject to "in-lieu of taxes" payments under c~mtract and outside the jurisdiction of the Harris County Appraisal District where the City of La Porte is concerned, and WHEREAS, the firm of Hugh L. Landrum & Associates, Inc. has appraised the Industrial District properties for the City of La Porte under .Contract from 1968 and is currently under contract to provide other professional services relating to said properties, and WHEREAS, Hugh L. Landrum, President of the firm of Hugh L. Landrum & Associates, Inc. has proposed to the City of La Porte that another Contract be entered into between his firm and City of La Porte, and WHEREAS, the Mayor and City Council find, adjudicate and determine that the firm of Hugh L. Landrum & Associates, Inc., of Houston, Texas, is skilled in such matters and has scientific and technical knowledge in respect to appraisals and valuation of such properties and has performed the services called for in prior Contracts in a completely satisfactory manner, and have adequately demonstrated their skills and expertise in the matter of making appraisals and handling Industrial District Contracts, and the firm's President, Hugh L. Landrum is completely familiar with the taxable property in the City of La Porte and the Industrial District Contracts, and is certified by the State of Texas both as a Registered Professional Engineer and a Registered Professional Appraiser; now . e IT IS THEREFORE AGREED by and between the City of La Porte, Texas acting herein by its duly authorized Mayor and City Council, FIRST PARTY, and Hugh L. Landrum & Associates, Inc. of Houston, Harris County, Texas, SECOND PARTY, as follows: I. SECOND PARTY agrees to compile a complete list of appraised values for all properties covered by Industrial District Agreements and subject to Industrial District payments to the City of La Porte, Texas, said appraised values to be as of January 1, 1996, January 1, 1997, and January 1, 1998, and it is hereby understood by both parties that the appraisals will be available by July 31, for each of the years covered by the contract. II. SECOND PARTY further agrees to work with the Harris County Appraisal District to apprise them of the area of each industrial plant that has been annexed by the City of La Porte and, therefore, subject to their assessment and a City ad valorem tax. This will apply to newly annexed areas of the City as well. III. SECOND PARTY also agrees to prepare a summary report for the City Tax Assessor-Collector each year: said report to show each industry's final total value for land, improvements, and personal property, the amount subject to ad valorem tax and the amount of the taxes and the value subject to "in-lieu of taxes" payment and the amount of the "in-lieu of taxes" payment. IV. - SECOND PARTY will maintain a complete set of files at his work site which will contain for each property under contract, at a minimum, a copy of the executed contract, copy of metes and bounds descriptions, copy of maps, notification of change of address or change of owner. . e V. SECOND PARTY further agrees to cooperate with the City Administration and the City Tax Assessor-Collector in any other area where his expertise may be beneficial to them in fulfilling the responsibilities of their jobs. VI. IT IS ALSO FURTHER AGREED BY SECOND PARTY that in the event SECOND PARTY's proposed values are protested by the owners or representatives of the property, SECOND PARTY will at his own expense furnish expert testimony in the District Court of Harris County, Texas to defend his proposed values. VII. SECOND PARTY agrees that the City of La Porte, will in no way be obligated or indebted to said SECOND PARTY, or his agents, servants, or employees, for salaries, expenses, materials, or other charges except only as herein specifically otherwise provided. VIII. SECOND PARTY agrees that the City of La Porte, at its sole option, may cancel this contract in the event of the death or inability of Hugh L. Landrum, individually, to perform the personal services contemplated by this contract. IX. IT IS FURTHER DISTINCTLY UNDERSTOOD AND AGREED by both parties hereto, that if any word, phrase, sentence, paragraph, or provision of this contract shall be for any reason declared or adjudicated to be invalid, such declaration or adjudication shall not affect the remaining portion thereof. . . X. FOR AND IN CONSIDERATION of the skilled services, technical knowledge, and experience of SECOND PARTY in performance of the obligations devolving upon such PARTY hereunder; and in consideration of the information given and assistance furnished by SECOND PARTY to the City Tax Assessor-Collector in their undertaking to calculate Industrial District Taxes and "in-lieu of taxes" payments for calendar years 1996, 1997, and 1998; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by payment to SECOND PARTY, the sum of THIRTY-SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($36,750) per year for each of the calendar years 1996, 1997, and 1998, payable in equal Quarter-annual installments. THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly adopted by the Mayor and City Council of the City of La Porte, Texas and entered upon the Minutes of such Council. EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order of the Mayor and City Council of the City of La Porte, Texas on this the 23rd day of October, 1995. City of La Porta . r4 ~ B~ ~1~ '< Norma~l~ Mayor ATTEST: '3... L--J City Secretary ~~ai City Attorney Hugh L. Landrum & Associates, Inc. By f!I L d- / Hugh L. Landrum, PreSident