O-1958-558 (first reading) - Laserfiche WebLink

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• the City; that such proposed annexation contravenes statu- tory and constitutional rights of the Industries; all as more particularly set out in said protests and objections, and WHEREAS, a controversy therefore exists as to the legal right of the City to annex the properties of the Industries and it is the desire of the parties to settle such controversy, and WHEREAS, the parties recognize that in the cir- cumstances a partial annexation of some of the real proper- • ties of each of the Industries within the area, but not the full annexation of their entirety, pursuant to the terms hereinafter set out, is a reasonable, lawful and equitable manner in which to settle such controversy; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which is acknowledged, it is agreed by and between the parties as follows: I. The Industries withdraw any protest or ob~ec- tion to the final enactment of Amended Ordinance No, j58, as passed upon second and final reading by the City Com- mission on the date hereof (a copy of which is attached for all purposes), and waive any and all right to notice, protest or any other procedural requirement as to such final enactment of said Amended Ordinance that might otherwise be required, and covenant that they will make no attack upon the annexation therein provided, subject to the other terms hereof. II. The City will maintain the areas annexed in said Amended Ordinance No. 558, as areas within the -2-