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<br />... . <br /> <br />e <br /> <br />e <br /> <br />1:. <br /> <br />City covenants, agrees and guarantees that during the term of ~his <br />Agreement, provided below, and subject to the terms and provisions <br />of t:his Agreement:, said District sball continue to retain its <br />extraterritorial st:atus as an industrial district., at least to the <br />extent that the same covers 'the Land belonging t.o Company and its <br />assiqns, unless and until the status of said Land, or a partion or <br />portions thereQf, as an industrial district may be changed pursuant: <br />to the terms of this Agreement. SUbject to the foregoing and to <br />the later provisions' of this Agreement, City does further covenant, <br />agree and guarantee that such industrial district, to the extent <br />that it covers said Land lying wi~in said District and not now <br />within the corporate limits of City, shall be immune from <br />annexation by City during the term hereof (except as hereinafter <br />provided) and shall have no right 'to have extended to it any <br />services by Ci~y, and that all Land, includinq that which has been <br />heretofore annexed, shall not have extended to it by ordinance any <br />rules and regula~ions (a) governing plats and subdivisions of land, <br />(b) prescribing. any buildinq, elec~r1cal, plumbing or inspection <br />code or codes, or (c) attemptinq t.o exercise in any manner whatever <br />co~trol over the conduct of business thereon; provided, however, <br />it is agreed that city shall have the right to institute or <br />intervene in any a~inistrative and/or judicial proceeding <br />authorized by the Texas Water Cods, the Texas Clean Air Act, the <br />Texas Health & Safety Coda, or other federal or state environmental <br />laws, rules or regulations, to the SalUe extent and. to the same <br />intent and effect as if all Land covered by this Agreement were <br />not: subj ect to the Aqreemen't.. <br /> <br />II. <br /> <br />In the event" that any portion of the Land has heretofore been <br />annexed by Ci~y, company agrees to render and pay full City ad <br />valorem taxes on such annexed Land and. improvements, and tanq1ble <br />personal property. " <br /> <br />Under the terms of the Texas Property Tax Code (S.B. 621, Acts of <br />the 65th Texas Legislature, .Regular Session, 1979, as amended), the <br />appraised value for tax purposes of the annexed portion of Land, <br />improvements, and tangible personal property shall be determined <br />by the Harris County Appraisal District. The parties hereto <br />recognize that said Appraisal District has no authority to appraise <br />the Land, improvements, and tangible personal property in the <br />unannaxed area for: the purpose of computing the "in lieu" pa.yments <br />hereunder. Therefore, the parties agree that the appraisal of the <br />Land, improvements, and tangible personal property in the unannexed <br />area shall be conducted by City, at City'S expense, by an <br />independent appraiser of city's se~eetion. The parties recogn~ze <br />that in maXing such appraisal for "in lieu" payment purposes, suCll <br />appraiser ZI1ust of necessity appraise t:.h.e entire (annexed and <br />unannexed) Land, improvements, and tangible personal property. <br /> <br />Nothing herein contained shall ever be interpreted as lessening the <br />authority ot the Harris County Appraisal District to establish the <br />appraised value of Land, improveme~ts, and tangible personal <br /> <br />2 <br />