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I.
<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. Subject to the foregoing and to
<br />the later provisions of this Agreement, City does further
<br />covenant, agree and guarantee that such. industrial district, to
<br />the extent that it covers said Land lying within said District and
<br />not now 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, 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
<br />land,
<br />(b) prescribing any building, electrical, plumbing.or inspection
<br />code or codes, or (c) attempting to exercise in any manner
<br />whatever control over the conduct of business thereon; provided,
<br />however, .1) any portion of Land constituting a strip of land 100'
<br />wide. and contiguous to either Fairmont Parkway, State Highway 225,
<br />or State Highway 146, shalt be subject to, the rules and
<br />regulations attached hereto as Exhibit "C" and made a part hereof,
<br />2) intermodal shipping containers (including but not limited to
<br />freight and tank containers) placed on Land belonging to Company
<br />shall be permitted to be stacked only two containers in height
<br />within; the 100' wide portion of Company's Land contiguous to
<br />either Fairmont Parkway, State Highway 225, or State Highway 146;
<br />beyond said 100' wide strip, intermodal shipping containers shall
<br />be eligible to be stacked one additional container in height within
<br />and for each successive 100' wide portion of Company's Land behind
<br />and following the preceding 100' wide strip, up to a maximum of
<br />six containers in height, regardless of distance from Fairmont
<br />Parkway, State Highway 225, or State Highway 146; and 3) it is
<br />agreed' that City shall have the right to institute or intervene in
<br />any ,administrative and/or judicial proceeding authorized by the
<br />Texas Water Code, the Texas Clean Air Act, the Texas Health &
<br />Safety Code, or other federal or state environmental laws, rules
<br />or regulations, to the same extent and to the same intent and
<br />effect as if all Land covered by this Agreement were not subject
<br />to the Agreement.
<br />II.
<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 tangible
<br />personal property.
<br />Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
<br />the 65th Texas Legislature, Regular Session, 1979, as amended),
<br />the appraised value for tax purposes of the annexed portion of
<br />Land, improvements, and tangible personal property shall be
<br />0
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