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<br /> 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
<br /> pursuant to the terms of this Agreement. Subject to the foregoing
<br /> and to 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, (b) prescribing any building, electrical, plumbing or
<br /> inspection code or codes, or (c) attempting to exercise in any
<br /> manner whatever control over the conduct of business thereon;
<br /> provided, however, 1) any portion of Land constituting a strip of
<br /> land 100 ' wide and contiguous to either Fairmont Parkway, State
<br /> Highway 225, or State Highway_ 146, shall be subject to the rules
<br /> and regulations attached hereto as Exhibit "C" and .made a part
<br /> hereof, 2) intermodal shipping containers (including but not
<br /> limited to freight and tank containers) placed on Land belonging
<br /> to Company shall be permitted to be stacked only two containers in
<br /> height within the 100' wide portion of Company's Land contiguous
<br /> to either Fairmont Parkway, State Highway 225, or State Highway
<br /> 146; beyond said 100' wide strip, intermodal shipping containers
<br /> shall be eligible to be stacked one additional container in height
<br /> within and for each successive 100' wide portion of Company's Land
<br /> behind and following the preceding 100' wide strip, up to a
<br /> maximum of six containers in height, regardless of distance from
<br /> Fairmont Parkway, State Highway 225, or State Highway 146; and 3)
<br /> it is agreed that City shall have the right to institute or
<br /> intervene in any administrative and/or judicial proceeding
<br /> authorized by the Texas Water Code, the Texas Clean Air Act, the
<br /> Texas Health & Safety Code, or other federal or state
<br /> environmental laws, rules or regulations, to the same extent and
<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 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
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