if
<br />City covenants,,agrees and guarantees that during the term of thi
<br />Agreement, provided below, and subject to the terms and provision
<br />of this Agreement, said District shall continue to retain it
<br />extraterritorial status as an industrial district, at least to th
<br />extent that the same covers the Land belonging to Company and it
<br />assigns, unless and until the status of said Land, or a portion c
<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 furthe
<br />covenant, agree and guarantee that such industrial district, t
<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 fro
<br />annexation by City during the term hereof (except as hereinafte
<br />provided) and shall have no right to have extended to it an
<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 o
<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, 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 par
<br />hereof, 2) intermodal 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 is
<br />height within the 100' wide portion of Company's Land contiguous
<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 heigh-
<br />within'and for each successive 100' wide portion of Company's Lan,
<br />behind. and following the preceding 100' wide strip, up to
<br />maximum of six containers in height, regardless of distance froi
<br />Fairmont Parkway, State Highway 225, or State Highway 14.6; and 3,
<br />it is agreed that City shall have the right to institute o:
<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 stato
<br />environmental laws, rules or regulations, to the same extent an(
<br />to the same intent and effect as if all Land covered by this
<br />Agreement were not subject to the Agreement.
<br />ii.
<br />in the event that any portion of the Land has heretofore be
<br />annexed by City, Company agrees to render and pay full City
<br />valorem taxes on such annexed Land and improvements, and tan gib
<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 purposes of the annexed portion og
<br />Land, improvements, and tangible personal property shall be
<br />E
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