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~~ • • ~ . <br />the Cittr; that such proposed annexation contravenes statu- <br />tort' a.nd constitutional rights of the Industries; all as <br />more particularly set out in said protests and objection, <br />and <br />W'~iEREAS, a. contros~ersy therefore ~~x~.sts as to <br />the leal right of the City; to annex. the properties of the <br />Industries and it is the desire: of the p-~~rties to ti~ettl <br />such controversy, and <br />~~JIiFREAS, the purt:i.es recognize that in the cix~- <br />cumstanres a partial annexation of some of tYle rfYal p~rar~er- <br />ties of each of the Industries within the area, aut r~aot <br />the full annexation of their entirety, pursuant to the <br />terms hereinafter set out, is a reasonab~ e, lavaful and <br />equitai~le manner in which to settle such controversy <br />NOUr, THEREFORI:i~, in cansideration of the mutual <br />covenants and agreements Izerein contained, the sufficiency <br />oz' which is acknowledged, ~.t is agreed. Y?y and between the <br />r~~~rties a.s follows: <br />~~ <br />I. <br />The Industries withdraw any protest or objec- <br />ty^z-~ to the f.-inal enactment of Amended Ordinance No. 558, <br />as passed upon second and final reading by the City Com- <br />mission on the date hereof (a copy of wi~ich is attached <br />fo~1 a.ll ~;urposes), and waive any and. all right to notice, <br />proteh:t or any other procedural requirement a~ to such <br />final enactment or' said Amended Ordinance that might <br />otherw se be :^equired, and covenant that they will make <br />no attack upon the annexation therein provided, subject <br />to the other terms hereof. <br />II. <br />The City will maintain the areas annexed in <br />said .Amended Ordinance No. 558, as areas within the <br />-2- <br />