I.
<br />City covenants, agrees and guarantees that during the term of thil
<br />Agreement, provided below, and subject to the terms and provision
<br />of this Agreement, said District shall continue to retain iti
<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 o�
<br />portions thereof, as an industrial district may be change
<br />pursuant to the terms of this Agreement. Subject to the foregoin�
<br />and to the later provisions of this Agreement, City does furthei
<br />covenant, agree and guarantee that such industrial district, tj
<br />the extent that it covers said Land lying within said District an
<br />not now within the corporate limits of City, shall be immune frog
<br />annexation by City during the term hereof (except as hereinaftei
<br />provided) and shall have no right to have extended to it anj
<br />services by City, and that all Land, including that which has bee
<br />heretofore annexed, shall not have extended to it by ordinance an
<br />rules and regulations (a) governing plats and subdivisions of
<br />land, (b) prescribing any building, electrical, plumbing o
<br />inspection code or codes, or (c) attempting to exercise in an
<br />manner whatever control over the conduct of business thereon
<br />provided, however, 1) any portion of Land constituting a strip o
<br />land 100' wide and contiguous to either Fairmont Parkway, State
<br />Highway 225, or State Highway 146, shall be subject to the rule
<br />and regulations attached hereto as Exhibit °C" and made a part
<br />hereof, 2) internodal shipping containers (including but no`
<br />limited to freight and tank containers) placed on Land belongin�
<br />to Company shall be permitted to be stacked only two containers i
<br />height within the 100' wide portion of Company's Land contiguou..
<br />to either Fairmont Parkway, State Highway 225, or State Highwa
<br />146; beyond said 100' wide strip, intermodal shipping container.
<br />shall be eligible to be stacked one additional container in heighu
<br />within and for each successive 100' wide portion of Company's Lane
<br />behind and following the preceding 100' wide strip, up to
<br />maximum of six containers in height, regardless of distance fro
<br />Fairmont Parkway, State Highway 225, or State Highway 146; and 3
<br />it is agreed that City shall have the right to institute of
<br />intervene in any administrative and/or judicial proceedin
<br />authorized by the Texas Water Code, the Texas Clean Air Act, th
<br />Texas Health & Safety Code, or other federal or stag
<br />environmental laws, rules or regulations, to the same extent and
<br />to the same intent and effect as if all Land covered by thin
<br />Agreement were not subject to the Agreement.
<br />Ii.
<br />In the event that any portion of the Land has heretofore,h
<br />annexed by City, Company agrees to render and pay full City
<br />valorem taxes on such annexed Land and improvements, and tangi
<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 ou
<br />Land, improvements, and tangible personal property shall be
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