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93-IDA-25
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93-IDA-25
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6/25/2007 10:50:09 AM
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La Porte TX
Document Type
Ordinances
Date
1/10/1994
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<br />"', <br /> <br />e <br /> <br />e <br /> <br />City on or before the date therefor hereinabove provided, at least <br />the ~Q~al of Ca) the total amount of ad valorem taxes on the <br />annexed portions, plus CD) the total amount of the "in lieu of <br />taxes" on the unannexed portions of Company's hereinabove described <br />property which would be due to Ci ty in accordance wi th the <br />foreqoing provisions of this Aqreement on the basis of renditions <br />which shall be filed by company. <br /> <br />When the city or Harris county Appraisal District. (as t.he case may <br />be) valuation on sa.id property of Company has been so finally <br />determined, either as the result of final judgment of a court of <br />competent. jurisdiction or as the r~sult of other final conclusion <br />of ~he controversy, then within 'thirty (30) days thereafter Company <br />shall make payment to City of any add! tional payment due hereunder <br />based on such final valuation, together with applicable penalties, <br />interests, and costs. <br /> <br />S. Should Company disaqree with any appraisal made by the <br />independent appraiser selected by Ci t.y pursuant. to Article II above <br />(which shall be given in writing to company), Company shall, within <br />twenty (20) days of receiving such copy, give written notice to the <br />C1 ty of such disagreement. :In the event Company does not qi ve such <br />written notice of disagreement within such time period, the <br />appraisal made by said independent appraiser shall be'final and <br />cont.roliinq for purposes of the determination of "in lieu of taxes" <br />payments to be made under this Agreement. <br /> <br />ShoUld ,Company give such notice of disagreement, Company shall also <br />submit to the city with such notice a written statement setting <br />forth what Company believes to be the market value of Company's <br />hereinabove desoribed property. Both parties agree to thereupon <br />ent.er into good fai th neqotia tions in an a1:tempt to reach an <br />agreement as to the market value of Company's property for nin <br />lieu" purposes hereunder. :If, after the expiration of thirty (3D} <br />days from ~he date ~he notice of disagreement was received by City. <br />the parties have not reached agreement. as to such market value, the <br />parties agree to submit the dispute to final arbitration as <br />provided in sUbparagraph 1 of this ArtiCle VI B. Notwithstanding <br />any such disagreement by Company, Company agrees to pay to City on <br />or before December 31. of each year during the term hereof, at least <br />the total of Ca) the ad valorem taxes on the annexed portions, plus <br />Cb) the total amount of the "in lieu" payments which would be due <br />hereunder on the basis of company's valuations rendered and/or <br />submitted ~o City by CClnpany hereunder, or the total assessment and <br />"in lieu of taxes" thereon for the last preceding year, whichever <br />is hiqher. <br /> <br />1. A Board of Arbitrators shall be created composed of one <br />person naMed by Company, one by City, and a third to be <br />named by those two. In case of no agreement on this <br />arbitrator in 10" days, the parties will join in a written <br />request that the Chief 3udqa of the U.S. District Court <br />for the Southern District of Texas appoint the third <br />arbitrator who, (as the "Impartial ~.rb1trator") shall <br />preside over the arbitration proceeding. The sole issue <br />to be determined in the arbitration shall be resolution <br /> <br />6 <br />
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