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<br />MAY-lO-2DD? THU 11:49 AM
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<br />FAX NO.
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<br />P, Uj
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<br />I.
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<br />city covenants, agrees and guarantees that during the te~m 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 stacus 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. Subject 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 oorporate 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, and that all Land, inclUding that which has been
<br />he~etofore annexed, shall not have extended to it by ordinance any
<br />rules and regulations (a) governing plats and subdivisions of land,
<br />(bJ presoribing any building, electrical, plumbing or inspection
<br />code or codes, or (0) attempting to exeroise in any manne~ whatever
<br />control over the conduct of business thereon; provided, however,
<br />any poxtion of Land constituting a strip of land 100' wide and
<br />contiguous to either pairmont Parkway, State Highway 225, or State
<br />Highway 146 t shall be subject to the rules and regulati.ons attached
<br />hereto as Exhibit 'elf and made a part hereof; and provided,
<br />howe~er, it is agreed that city shall have the right to institute
<br />or intervene in any administrative and/or jUdicial proceeding
<br />authorized by the Texas Water Code, the 1exas Clean Air Act, the
<br />Texas Health & Safety Code, or otheT federal or state environmental
<br />lawa, rules or Tegulations, to the same e~tent and to the same
<br />intent and effect as if all Land covered by this Agreement were not
<br />subject 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 ~uch annexed Land and improvements, and tangible
<br />personal property.
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<br />Under the terms of the ~exas Property Tax Code (S.B. 621, Acts of
<br />the 65th Texas Legislat.ure, Regular session, 1979, as amended), the
<br />appraised value for tax purposes of the annexed portion of Land,
<br />improvements I and tangible personal property shall be determined by
<br />the Harris County Appraisal District. The parties hereto recognize
<br />that said Appraisal District has no authority to appraise the Land,
<br />improvements, and tangible personal property in the unannexed area
<br />for the purpose of computing the "in lieu. payments hereunder.
<br />Therefore, the parties agree th~t the a.ppraisal of the Land,
<br />improvements, and tangible personal property in the unannexed area
<br />shall be conducted by City. at City'S expense, by an independent
<br />appraiser of City's selection. The pa:r:ties recognize that in
<br />making such appraisal for "in lieu" payment purposes, such
<br />appraiser must of neoessity appraise the entiX'e (annexed and
<br />unannexed) Land, improvements, and tangible personal property.
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