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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 /> <br />e <br /> <br />e <br /> <br />of the difference between t.be parties as to the fair <br />market value of Company's p:opert:y for calculat.ion of the <br />If in lieu If paymen~ and tot;!l .paymen~ hereunder for the <br />year in ques1:ion. 'the Board shall hear and consider aJ.], <br />relevant and material evidence on that issue includinq <br />expert opinion, and shall render its written decision as <br />promptly as practicable. 'l'hat decision shall then be <br />.final and blncl1nCJ upon the parties, subject only to <br />judicial review as may be available under the ~exas <br />General Arbitration Act (Articles 224-238, vernon's <br />Annotated Revised Civil statutes of 'l'exas). Costs ot the <br />arbitration shall be shared 'equally by the Company and <br />the city, provided that each party shall bear it.s own <br />attorneys fees. <br /> <br />VJ:I. <br /> <br />City shall be entitled to a tax lien on company's above described <br />property, all improvements thereon, and all tangible personal. <br />property thereon, in the event of default in payment of Din lieu <br />of taxes" payments' hereuncler, which shall accrue penalty and <br />interest in like manner as delinquent taxes, and which shall be <br />collectible by city in the same manner as provided by law for <br />delinquent taxes. <br /> <br />. <br /> <br />VIII. <br /> <br />This Aqreement shall inure to the benefit of and be bindinq upon <br />City and Company, and upon C01l1pany's successors and assigns, <br />affiliates and SUbsidiaries, and shall remain in force whether <br />Company sells, assigns, or in any other manner disposes of, either <br />voluntarily or by operation of law, all or any part of the property <br />belonging 'to it within the territory herein~ove. de,scribed, and the <br />agreements herein contained shall be held to be covenants running <br />wi'th the land owned by company situated within said territory. for <br />so long as this Agreement or any extension thereof remains in <br />force. Company shall qive City written notics within ninety (90) <br />days, with full particulars as to property assigned and identity <br />of assignee, o~ any disposition of the Land, and assignment of t~is <br />Agreement. <br /> <br />IX. <br /> <br />If City enters into an Agreement with any other landowner with <br />respect to an industrial district or enters into a renewal of any <br />existing industrial district agreements after the effective date <br />hereof and while this Agreement is in effect, which contains terms <br />and provisions more favorable to the landowner than those in this <br />Aqreement, Company ana its assigns shall have the right to amend <br />this Agreement and City agrees to amend same to embrace the more <br />favorable terms of such aqreement or renewal aqreement. '1'h1s <br />Paraqraph shall not apply to any Court ordered extension of the <br />term of the Agreement ordered in Southern Ionice, Inc. vs City af <br />La Porte, civil Action H-89-3969, United S~ates District Court, <br />Southern District of Texas. <br /> <br />7 <br />
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