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93-IDA-37
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93-IDA-37
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6/25/2007 12:47:07 PM
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La Porte TX
Document Type
Ordinances
Date
1/10/1994
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<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 described proper~y. Both parties agree to thereupon <br />enter into good faith negotiations in an attempt to reach an <br />agreement as to the market value of Company's property for "in <br />lieu" purposes hereunder. If, after the expiration of thirty (30) <br />days from the date the 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 (a) the ad valorem taxes on the annexed portions, plus <br />(b) 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 to City by Company hereunder, or the total assessment and <br />"in lieu of taxes" thereon for the last preceding year, whichever <br />is higher. <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 Judge of the u.S. District Court <br />for the Southern District of Texas appoint the third <br />arbitrator who, (as the "Impartial Arbitrator") shall <br />preside over the arbitration proceeding. The sole issue <br />to be determined in the arbitration shall be resolution <br />of the difference between the parties as to the fair <br />market value of Company's property for calculation of the <br />II in lieu" payment and total payment hereunder for the <br />year in question. The Board shall hear and consider all <br />relevant and material evidence on that issue including <br />expert opinion, and shall render its written decision as <br />promptly as practicable. That decision shall then be <br />final and binding upon the parties, subj ect only to <br />jUdicial review as may be available under the Texas <br />General Arbitration. Act (Chapter 171. "General <br />Arbitration". Texas civil Practice and Remedies Code). <br />(ArticlcD 224 238, Vernon's Annotatcd Rcvised civil <br />ctatutc3 of Texas). Costs of the arbitration shall be <br />shared equally by the Company and the city, provided that <br />each party shall bear its own attorneys fees. <br /> <br />VII. <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 "in lieu of <br />taxes" payments hereunder, which shall accrue penalty and interest <br />in like manner as delinquent taxes, and which shall be collectible <br />by City in the same manner as provided by law for delinquent taxes. <br /> <br />7 <br />
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