HomeMy WebLinkAboutO-1992-1873
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ORDINANCE NO. 1873
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 $35,000
ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS 1993, 1994, AND 1995; 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. Ci ty Council
appropriates the sum of $35,000, on an annual basis, for calendar years 1993,
1994, and 1995, 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, Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as required by law
at all times during which this Ordinance and the subj ect 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.
PASSED and APPROVED this the 26th day of October, 1992.
ATTEST:
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City Secretary
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City Attorney
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STATE OF TEXAS
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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
to 1990, 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
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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:
1.
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, 1993, January 1, 1994, and January 1, 1995, 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 also agrees to assist the City of La Porte in the renewing of or
obtainment of contracts for properties in the districts that expire in December,
1993. Such assistance is expected to include, but is not limited to, the
identification or discovery of eligible properties, negotiation of contract
details with the property owners and obtainment of required information (legal
descriptions, maps, metes and bounds descriptions, etc).
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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.
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.
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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 1993, 1994, and 1995; FIRST PARTY agrees and obligates itself to
compensate SECOND PARTY by payment to SECOND PARTY, the sum of THIRTY-FIVE
THOUSAND DOLLARS ($35,000) per year for each of the calendar years 1993, 1994,
and 1995, 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.
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EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order of the Mayor and City Council
of the City of La Porte, Texas on this the 26th day of October, 1992.
~ City of La~
By #n1fk( /-
Norman Malone, Mayor '
ATTEST: ~~
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City Attorney
;:;;: ~d';!lsociat.S'
By /. ~-
Hugh L. Landrum, President
Inc.