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.\ NDV-3~-20:5 J3:ZE~m Frum-I.SKlfiS_llSiROiI(;, PC zal 471 20H e T-SES PDoMolB F-ZES city covenantc, clgrees and guarantees that during the term of t.his Agreemen.t, provided below, and subject to the terms LInd provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district. at least to the extent that the satno covers the Land belonging to Company a.nd its assigns, un.les9 <:Lnd until the status of said Land, or a portion or portionG thereof. as an industrial district may be changed pursuant to the terms of this Agreetnent. Subj €lct to t.he foregoing and to the later provisions of this AgreemenL, city does further covenant, agree and guarantee that such industrial district, to the extent that it. covers said Land lying within said District and not now withi:l the corporate limits of city, shall be immune from anncxution by Cit.y during the term hereof (except as hereinafter provided) and shall have r.o right to have extended to it any services by city, and that all Land, including that which has been heretof:o:cc annexed, shall not ha.ve extended to it by ordinance any ru] eti and regulations (a) governing plats and subdivisions of land, Cb) prescribing any building, electrical, plu!T'.bing or inspection code or codes, or (cl attempting t.o exercise in a!!y manner whatever control over the conduct of business t.hereon; provided, hO'....ever I any portion of J.Jand constitu.ting a strip of land 100' w;ide and contiguous to either .FZl,irmont parkt...ay, State High'....ay 225, or Slat(; Highway 146, shall be s'.1bject to tile rules and regulatiohs <:lLtached hereto as Exhibit hC" and made il. part hereof; and provided, however. it i~ agreed that City shall have the right to inst:i.tute or intervene in any administra,tive and/or judicia,l proceeding a.uthorized by the Texas W:::lt:.€!" Code I the Texa.s Clean Air Act. the Texas Health &. safety. Code, or other federal or state environmental la\.;s. rules or regulations, to the same extent and to the same intent and effect as if all l,,':lT.Id covered by thi.s A.g::ceernent were not 6ubject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, company agrees to render and pay fu.U City ad valorem taxes on such annexed Lilnd ..md improvement.s, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th :'exa~ Legislature, Regular Session. 1979, as amended). thE: appraised value for tax purposes of the annexed portion of Land, improvements, and tangible persona 1. pr:operty shall be determined by the Ha:r;ris C07..lnty App:r;aisal District. The parties heT-eto recognize that said Appraisal District haG no authori ty to a.ppraise the Land, irnp:r'ovements. and. tangible personal property in the unannexed arE:a for the 'purpose oJ: computing the "in lieu" payments hereu.nder. Therefore. the part ies agree that the ;,tppraisal of the Lu.nd I improvemenL:1, and tangible personal property in the unannexed area shall be conducted by City, at city'S expense, by an independent appra.i 1:3er of city's selection. The parU.es recognize that in making such appraisal for "in lieu" payment purposes, such appraise~c must of nec8ssity O;),'ppraise the entire (annexed and. unannexed) Land, improvements, and tangible personal property. 2