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98-IDA-52
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98-IDA-52
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6/25/2007 4:27:50 PM
Creation date
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La Porte TX
Document Type
Ordinances
Date
10/26/1998
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<br />e <br /> <br />e <br /> <br />WHEREAS, it is the intention of City and Company that should <br />there be any conflict between the provisions of said Water and <br />Sewer Service Agreement, and said Utility Extension Agreement, and <br />the terms and provisions of this Industrial District Agreement, the <br />terms and provisions of the Water and Sewer Service Agreement and <br />the Utility Extension Agreement, as the case may be, shall control, <br />to the extent of such conflict only: <br /> <br />NOW, THEREFORE, in consideration of the premises and the <br />mutual agreements of the parties contained herein and pursuant to <br />the authority granted under the Municipal Annexation Act and the <br />Ordinances of City referred to above, City and Company hereby agree <br />with each other as follows: <br /> <br />I. <br /> <br />City covenants, agrees and guarantees that during the term of this <br />Agreement, provided below, and subject to the terms and provisions <br />of this Agreement, said District shall continue to retain its <br />extraterritorial status as an industrial district, at least to the <br />extent that the same covers the Land belonging to Company and its <br />assigns, unless and until the status of said Land, or a portion or <br />portions thereof, as an industrial district may be changed pursuant <br />to the terms of this Agreement. Subj ect 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 within 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 City, except as provided in the Water and Sewer Service <br />Agreement and the Utility Extension Agreement of even date herewith <br />between City and Company, reference to which is here made for all <br />purposes, and that all Land, including that which has been <br />heretofore annexed, shall not have extended to it by ordinance any <br />rules and regulations (a) governing plats and subdivisions of land, <br />(b) prescribing any building or electrical codes, plumbing or <br />inspection code or codes, or (c) attempting to exercise in any <br />manner whatever control over the conduct of business thereon, <br />except as provided for in Exhibit "C" and except as provided in the <br />Utility Extension Agreement and Water and Sewer Service Agreement <br />of even date herewith; provided, however, it is agreed that City <br />shall have the right to institute or intervene in any <br />administrative and/or judicial proceeding authorized by the Texas <br />Water Code, the Texas Clean Air Act, the Texas Health & Safety <br />Code, or other federal or state environmental laws, rules or <br />regulations, to the same extent and to the same intent and effect <br />as if all Land covered by this Agreement were not subject to the <br />Agreement. <br /> <br />II. <br /> <br />In the event that any portion of the Land has heretofore been <br />annexed by City, Company agrees to render and pay full Ci ty ad <br />valorem taxes on such annexed Land and improvements, and tangible <br />
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