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<br />City covenants, agrees and guarantees that during the term of ~his
<br />Agreement I provided below, and subj ect to the terms and provisions
<br />of this Agreement, said District Shilll continue to retain its
<br />extraterritorial status as .an industrial distri,*., at least to the
<br />extent that t:he same c~yers 'the Land J:lelonqing t.o Company and its
<br />assigns. un~ess and unt.1.1 the status of said Land, or a partion or
<br />portions thereQf, as an industrial district may he cha.nged pursuant.
<br />to the terms of this Agreement. SUbject to the foreqo1nq 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 liJni't:s of Ci'l:y, sheill be ilmaune from
<br />annexation by City during the term hereof (except as hsreinafter
<br />provided) and shall have no right.. 'tC) have extended to it: any
<br />services by Ci~y, and that all Land, including 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) prescribin~ any buildinq, ~lectr1cal, plumbing or inspection
<br />code or codes, or (c) attempting t.o exe:z~cise in any manne:- whatever
<br />control over the conduct of business thereon; provided, however,
<br />it . is agreed that City shall have t:he right to institute or
<br />intervene in any administrative and/or jUdicial proceeding
<br />authorized by the Texas Water Code, the Texas Clean Air Act, the
<br />Texas Health & Safety Code, or other federal or state environmental
<br />laws, rules or regulations, to the sa~e extent and to the same
<br />intent and effect as if all Land covel::,ed by this Agreement were
<br />not subj ect to the Agreement.
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<br />II.
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<br />In the event' that any portion of the Land has heretofore been
<br />annexed by City, company agrees to render and pay full City ad
<br />valorem taxes on such annexed Land and. improvements, and tanqible
<br />personal property.
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<br />Under the ter~s of the Texas Property Tax Code (S.B. 621, Acts of
<br />the 65th Texas Legislature, ,Regular Sess.ion, 1979. as amended), the
<br />appraised value for tax purposes of thE~ annexed portion of Land,
<br />improvements, and tanqible personal property shall be de~ermined
<br />by the Harris County Appraisal District. The parties hereto
<br />recognize that said Appraisal Distr~ct hilS no authority to appraise
<br />the Land, improvements, and tangible personal property in the
<br />unannexed area for: the purpose of computing the "in lieu" payments
<br />hereund~r. Therefore, the parties agree that the appraisal of the
<br />Land, improvements, and tangible persona~ property in the unannexed
<br />area shall be conducted by city, at~ City'S expense, by an
<br />independent appraiser of City'S selecticm. The parties recognize
<br />that in making such appraisal for lIin lil:!u" payment purposes, such
<br />appraiser ll1ust of necessity appraise the entire (annexed and
<br />unannexec:l) Land, improvet\ents, a~d tanglble personal property.
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<br />Nothing herein contained shall ever be interpreted as lessening the
<br />authority or the Harris County Appraisal District to e$tablish the
<br />appraised value of Land, improvements, and tangible personal
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