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93-IDA-02
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93-IDA-02
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Last modified
6/25/2007 9:11:28 AM
Creation date
12/28/2022 10:12:02 AM
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La Porte TX
Document Type
Ordinances
Date
2/14/1994
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<br />e <br /> <br />e <br /> <br />Industrial District Agreement - 8 <br /> <br />also submit to the City with such notice a written statement setting <br /> <br />forth what Company believes to be the market value of Company's <br /> <br />hereinabove described property. <br /> <br />Both parties agree to thereupon <br /> <br />enter into good faith negotiations in an attempt to reach an agreement <br /> <br />as to the market value of Company's property for "in lieu" purposes <br /> <br />here'under~ If~' after the expiration -of thirty (30) days from the <br /> <br />date' 'the notice of disagreement was received by City, the parties <br /> <br />'.~-';"-':" 1 . _.1.. ,'.. ::,. ....:..~. .:)":: :,.":. .,' " <br />have-not reached agreement as to such market value, the parties' agree <br />.....~::.<....~ -...""':-....-:---..... ~-: '"" .. ~..:-:..:... ~.....:.......:..,... <br />to submit the dispute to final arb~tration as provided in subparagraph <br /> <br />., .- <br /> <br />(1)' 'of this Article VI(B). <br /> <br />.. ,- .. . .. . <br />Notwithstanding 'any such disagreement by <br /> <br />Company,' Compan-y agrees to pay to City on or before December 31 of <br /> <br />each year' 'du'ring the term hereof, at least the total of (a) the ad <br /> <br />valorem taxes on 'the annexed p~rtio'ns~' plus (b) "the total amount of <br /> <br />the "in lieu" payments which would be due hereunder on the basis of <br />Company's valuations rendered' and/or submitted to City' by Comp'any <br /> <br />hereunder, or the total assessment and "in lieu of taxe's" .t.hereon <br /> <br />, 'I'" <br /> <br />for the last preceding year, whiche'ver is higher. <br /> <br />(I) A Board of Arbitrators shall be created composed of one <br /> <br />person named by Company, one by City, and a third to be named by <br /> <br />those two. <br /> <br />In case of no agreement on this arbitrator in 10 <br /> <br />days, the parties will join in a written request that the Chief <br />I <br /> <br />'ju'cfge 'of the U ~ S. District Court for the Southern District of <br />Texas appoint the third arbitrator who, (as the "Impartial <br />"Arbitrator") 'shall pr'eside over the arbitration proceeding. The <br />sole issue to be d'etermined in the arbitration shall be resolution <br /> <br />of the difference between the parties as to the fair market <br />'vafue of' 'Company' s prop~rty' f6~ cal'cul~tion' of the "in lieu" <br /> <br />payment: and total payment hereunder' for the year in question. <br /> <br />The Board shail hear and consider all relevant and material <br /> <br />evidence on that issue including expert opinion, and shall <br /> <br />render its written decision as promptly as practicable. <br /> <br />That <br /> <br />decision shall then be final and binding upon the parties, <br />
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