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HomeMy WebLinkAboutO-2001-2524 e . ORDINANCE NO. ~OOI...dt1"JY- 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 $46,170 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS 2002, 2003, AND 2004 AND EACH YEAR THEREAFTER UNTIL SAID CONTRACT IS TERMINATED AS PROVIDED FOR THEREIN; 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 COUNCILOF 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 from the General Fund #001, the sum of FORTY-SIX THOUSAND ONE HUNDRED AND SEVENTY DOLLARS & NO/lOO ($46,170.00), to fund this contract on an annual basis, for calendar years 2002, 2003, 2004 and for each year thereafter that this 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 Laws, 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 1 e e 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. PASSED and APPROVED this the ~ day of JQrJo ge ( , 2001. ATTEST: 1lJ!dth~ rJ1J111) M a Gillett, City Secretary APPROVED: ~w Knox Askins, City Attorney 2 e e 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, have determined that it would be wise and in the best interest of the City that said City employ expert consultants skilled in the matter of appraisal and valuation of properties covered by Industrial District agreements in said City's Industrial District to compile appraisals and furnish data and information to the City for the determination of equalized values of such properties as compared with other property valuations in said City for the calendar years 2002, 2003 ~d 2004 and for each year thereafter as set forth herein, and for the assessment of said properties in accordance with their respective industrial district agreements with the City for the calendar years 2002, 2003 and 2004 and each respective year thereafter, and for the preparation and handling of any future Industrial-District Agreement between the City and any member of industry; 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 professional services relating to said properties; and WHEREAS, the Mayor and City Council find, adjudicate and detennine that the firm of Hugh L. Landrum & Associates, Inc., of Houston, Texas, is skilled in such matters and has scientific and technical knowledge with respect to appraisals and valuation of such properties and many years experience in the matter of appraising and valuing such properties and handling Industrial District Contracts, and the firm's President, Hugh L. Landrum, Jr. is certified by the State of Texas both as a Registered Professional Engineer 1 e ,e and a Registered Professional Appraiser; and WHEREAS, Hugh L. Landrum, Jr., President ofthe 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; now, 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, of.each year of this contract, starting with the year 2002; and it is hereby understood by BOTH PARTIES that the initial values for budgeting purposes will be available by July 31 of each year covered by this contract. The final values on all properties will be presented to FIRS'.!' PARTY by October 1 of each year covered by this contract. II. SECOND PARTY further agrees to work with the Harris County Appraisal District to apprise them ofthe 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 ofthe City as well. III. SECOND PARTY also agrees to prepare a summary report for the City's Tax Assessor ' Collector each year, said report to show each industry's final total value for land, 2 e e improvements, and personal property, the amount subject to ad valorem tax and the amount of the taxes, and the value subject to "in-lieu oftaxes" payment and the amount of the "in-lieu of taxes" payment. SECOND PARTY shall also provide a brief explanation of each property and any changes that may be useful in the operation ofthe City and/or budget planning. IV. SECOND PARTY will maintain a complete set of files at its 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 o change of owner. V. SECOND PARTY further agrees to cooperate with the City Administration and the City's Tax Assessor-Collector in any other area where SECOND PARTY'S expertise may be beneficial to them in fulfilling the responsibilities oftheir jobs, including, but not limited to, the preparation and handling of any future Industrial District contracts entered into by the City with a member of industry. VI. IT IS ALSO FURTHER AGREED BY SECOND PARTY that in the event SECOND PARTY'S proposed values are protested by the owners (>r representatives of the property, SECOND PARTY will at its own expense furnish expert testimony in the District Court of Harris County, Texas to defend the 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 its agents, servants, or employees, for salaries, 3 e e expenses, materials, or other charges except only as herein specifically otherwise provided. VIII~ IT IS FURTHER AGREED BETWEEN BOTH PARTIES that this Contract will be automatically renewed on a year-to-year basis unless written notice of termination is given by either party at least 60 days before the end of the primary term or any renewal term thereof or unless another contract is ~igned by the PARTIES. Changes in the scope of work and/or fees may be made annually by ,addendum to this contract signed by both PARTIES. 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 l:illd assistance furnished by SECOND PARTY to the City's Tax Assessor-Collector in the undertaking to calculate Industrial District Taxes and "in-lieu of taxes" payments for each calendar year covered by this contract beginning with the year 2002, and the preparation and handling of the Industrial Agreements; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by payment to SECOND PARTY, ofthe sum of FORTY-SIX THOUSAND ONE HUNDRED AND SEVENTY DOLLARS & NOIIOO ($46,170.00) for each calendar year covered under this contract as set out herein starting with the year 2002. 4 e e XI. IT IS AGREED between the City of La Porte and Hugh L. Landrum & Associates, Inc. that if funds are not appropriated to continue the function performed by Hugh L. Landrum & Associates, Inc. in this Agreement and for the payment of the charges hereunder, the City of La Porte may terminate this Agreement upon written notice to Hugh L. Landrum & Associates, Inc. that this Agreement has been terminated. The City of La Porte agrees to give ten (10) days written notice to Hugh L. Landrum & Associates, Inc. that the Agreement is terminated and to pay to Hugh L. Landrum & Associates, Inc. all charges incurred through the end of that period. 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 thJ9IJP day of ()C;/OIJf( ,2001. CITY OF LA PORTE, TEXAS B~~>~../~ , ,Mayor ATTEST: Lfl;d11~ 1/ Ib/d . , City Secretary HUGH L. LANDRUM & ASSOC., INC. BY ?I/- L..LL-, / Hugh L. Landrum, Jr., Pre~dent 5 ;. ~ '. e - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 15.2001 Appropriation Requested By: Cynthia Ah~xander, Oirel'tor of Finanee Source of Funds: 001-6145-515 Report: Resolution: Ordinance: xx Account Number: 5007 - Other Professional Services Amount Budgeted: $125,000 Department: J:Il>I' ANCE Amount Requested: $4.6)70 Budgeted Item: ~ NO Exhibits: Contract Exhibits: Exhibits: SUMMARY & RECOMMENDATION The Harris County Appraisal District has the responsibility of appraising all taxable property within the City of La Porte and provides the values for the annexed and taxable portion of each industry. The un-annexed portion of these industries are subject to "in-lieu of Taxes. payments. The firm of Hugh L. Landrum & Associates, Inc. has appraised the Industrial District properties for the City of La Porte since 1968 and has provided these and other professional services in a completely satisfactory manner. The City entered into contract with Hugh Landrum & Associates in 1998 for a three-year term in the amount of $40,400 per year. The proposed contract covers a three-year period at $46,170 per year. Since, Hugh Landrum & Associates, Inc. are skilled in such matters and have the scientific and technical knowledge in respect to appraisals and valuations of industrial properties, we would like to continue our relationship with them. Staff feels that the proposed increase is warranted and represents a very reasonable amount considering all the changes in the Tax Laws over the past few years. 'Furthermore, they have agreed to increase their responsibility to include monitoring and enforcing industrial district agreements. Action Required bv Council: Approve Ordinance authorizing agreement with Hugh L. Landrum & Associates, Inc. for the appraisal and other services for fiscal years ending 2002,2003, and 2004 and each year thereafter until said contract is terminated as provided by ordinance. Approved for Citv Council Aeenda )()}rr Date I