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2000-IDA-52
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2000-IDA-52
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6/19/2007 3:49:10 PM
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La Porte TX
Document Type
Ordinances
Date
1/22/2001
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<br />e <br /> <br />e <br /> <br />foregoing provisions of this Agreement on the basis of renditions <br />which shall be filed by Company. <br /> <br />When the city or Harris County Appraisal District (as the case may. <br />be) valuation on said property of CODlpany has been so finally <br />determined, either as the result of final judgment of a court of <br />competent jurisdiction or as the result of other final conclusion <br />'of the controversy, then wi thin thirty (:30) days thereafter Company <br />shall make payment to City of any additi.onal payment due hereunder <br />based on such final valuation, together with applicable penalties, <br />interests, and costs. <br /> <br />B. Should Company disagree wi th any appraisal made by the <br />independent appraiser selected by City pursuant to Article II above <br />(which shall be given in writing to CompclnY), Company shall, within, <br />twenty (20) days of receiving such copy, give written notice to the <br />City of such disagreement. In the event Company does not give, such <br />written notice of disagreement within such time period, the <br />appraisal made by said independent appraiser shall be final and <br />controlling for' purposes of the determination of "in lieu of taxes" <br />p,ayments to be made under this Agreemen't. <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 described. property. Both parties agree to thereupon <br />enter into good fai th negotiations irl 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 disagreE!ment was received by City, <br />the parties have not reached agreement a:; 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, Compar~ agrees to pay to City on <br />or before December 31 of each year durinq 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" p.:iyments which would be due <br />hereunder on the . basis of Company's valuations rendered and/ or <br />submi tted to City by Company hereunder" ()r the total assessment and <br />"in lieu of taxes" thereon f.or 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 eaSEl of no agreement on this <br />arbitrator in 10 days, the par1:ies will join in a written <br />request that the Chief Judge c)f the U. S. District Court <br />for the Southern District of Texas appoint the third <br />arbitrator Tt?ho, (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 prOpE!rty for calculation of the. <br />"in lieu." payment and total payment hereunder for the <br />year in question. The Board shall hear and consider all <br />relevant and materi~l evi~ence on that issue including <br /> <br />6 <br />
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