O-2007-3039 - Laserfiche WebLink

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MAY-IO-2007 THU 11:49 AM FAX NO. P. Uj I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement:, said District shall cont inue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or port ions thereof I as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisioJ:l.s of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said ~and lying within said District and not now within 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 all Land, including that which has been he~etofore annexed, 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 (0) attempting to exercise in any manner whatever control over the conduct of business thereon; provided I however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit 'C" and made a part hereof; and provided, however, it is agreed that city shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental la~s, rules or regulations, to the same e~tent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full city ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements / and tangible personal property shall .be determined by the Harris County Appraisa.l District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unar.nexed area for the purpose of computing the "in lieu. payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City. at City'S expense, by ah independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment pu:rposes, Euch appraiser must of necessity appraise the entire (annexed and unannexed} Land. improvements, and tangible pe~sonal property. 2