HomeMy WebLinkAboutO-1998-2294
.
e
ORDINANCE NO. 98-2294
ORIGINAL
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 $40,400 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS
1999, 2000, AND 2001; 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
$40,400, on an annual basis, for calendar years 1999, 2000, and 2001, 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.
e
e
PASSED and APPROVED this the 21st day of October, 1998.
City of La Porte f'\ \ l \ --c::::>
By ~~..,~
Norman Malone, Mayor
City cretary
APP?b~ "-
City ttorney
e
e
STATE OF TEXAS
S
I
I
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 contract 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 these and 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
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 Oistrict Agreements and subject to Industrial ~istrict payments to the
City of La Porte, Texas, said appraised values to be as of January 1, 1999, January 1,
2000, and January 1, 2001, 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
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.
e
e
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 1999, 2000,
and 2001; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by
payment to SECOND PARTY, the sum of FORTY THOUSAND FOUR HUNDRED DOLLARS
($40,400) per year for each of the calendar years 1999, 2000, and 2001, 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 21 st day of October, 1998.
City of La Porte
By ~~~~
Norman Malone, Mayor
ATTEST:
//
"
----- /
fZ;~d>'
City Attorney ~
Hugh L. Landrum &. Associates, Inc.
By 1'iL L :t:L- /
Hugh L. Landrum, P"sident