O-1999-2259 - Laserfiche WebLink

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e . -3- lying within said District and not now within the corporate limits of City, or to be disannexed from the corporate limits of city, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that said land shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any proceeding authorized by the Texas Water Code, the Texas Clean Air Act, or the Texas Health & Safety Code to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City and not subject to the Agreement. B. Company agree~ that it will not, during the term of this Agreement, use or seek legislative or regulatory approval to use, nor allow any other person to use or seek legislative or regulatory approval to use, any portion of the tract(s) of land described above as any part of a commercial hazardous waste management facility, as defined in Chapter 296, Acts of the 72nd Texas Legislature (1991). Company further agrees that it will, within thirty days after execution of this Agreement, place a deed restriction on the tract(s) of land described above prohibiting the use of any portion of such tract(s) as any part of a commercial hazardous waste management facility. Company hereby agrees that in any suit by City for breach of any provision of this paragraph, City may seek and, should it prevail it shall be entitled to, specific performance of this provision of this paragraph.