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<br />City covenants, agrees and guarantees that during the terra of the
<br />Agreement, provided below, and subject to :the terns and provisioi
<br />of this Agreement, said District shall continue to retain it
<br />extraterritorial status as :an industrial district, at least to tY
<br />extent that 'the same covers the Land belonging to Company and it
<br />assigns, unless and until the 6tatus<of said Land, or a portion c
<br />portions thereoL, as, an industrial district may be change
<br />pursuant to the terms of this Agreement. Subject to the foregoii
<br />and to the later provisions of this Agreement, City does furthe
<br />covenant, agree and guarantee that such industrial .district, t
<br />the extent that it covers said. Land lying within said District al
<br />`not now within the corporate limits of City_, shall be immune frc
<br />annexation by City during the term hereof (except as hereinafte
<br />provided) -and shall have: -no right to• have extended to .it ar,
<br />services by City, and that all Land, including that which has bee
<br />heretofore annexed, shall not have extended to it by ordinance ar.
<br />rules and: regulations (a) governing plats and subdivisions c
<br />land, (b) prescribing any building, electrica3, plumbing c
<br />inspection code or codes, or (c) attempting to exercise in ar.
<br />manner whatever control over the conduct of business thereon.
<br />provided, however, .1) any portion of Land constituting a strip c
<br />land 10-1 Wide and contiguous to either Fairmont Parkway, Stat
<br />Highway 225, or, State Highway 146, shall be subject to the rulE
<br />and regulations attached hereto as Exhibit "C" and made a pax
<br />hereof, 2) int:ermodal shipping containers (,including but nc
<br />limited to freight and tank containers) placed on Land belongin
<br />to Company sha31 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 />I46; beyond said 700, wide strip, intermodal shipping containex
<br />shall be eligible to.be stacked one additional container in heigh
<br />within and or each successive 1.00' wide portion of Company's Lan
<br />behind and €ollowing the preceding 10.0' wide strip, up to
<br />maximum of six containers in height, regardless of distance fr_c
<br />Fairmont Parkway, State Higghway 225, or State Highway 146; and 3
<br />.t is agreed that City shall have the right to institute o
<br />intervene in any administrative and/or judicial proceedin
<br />authorized by the Texad water Code, the Texas Clean Air Act:., th
<br />Texas Health- & Safety Code, or other federal or stat
<br />environmental laws, rules or regulations, to the same extent an
<br />to the same intent and effect as if all Land covered by thi
<br />Agreement were not subject to the Agreement.
<br />K*]M
<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 a
<br />valorem taxes on such annexed Land and improvements, and tangibl�
<br />personal property.
<br />Under the terms- of the Texas Property Tax Code (S.B. 621, Acts o
<br />the 65th Texas Legislature-, Regular Session, 1979, as amended)l
<br />the appraised value 'for tax purpose`s of the annexed portion of
<br />Land., improvements, and tangible personal property shall be
<br />2 i
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