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<br />, <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />does protest the valuation set on its said properties by Harris County, Company <br /> <br />will pay to City on or before the time theretor hereinabove provided the total <br />amount of the payment in lieu of taxes which would be due by Alamo to City in <br />accordance with the toregoing provisions of this paragraph (2) on the basis of <br />renditions filed by Alamo with the Tax Assessor ot Harris County for that year. <br />Should the City Commission, by resolution duly adopted by a majority of <br />its members within thirty (30) days atter the ad valorem tax assessment on <br />Alamo's said property within the District is fixed by Harris County for any year <br /> <br />during the term hereof, determine that such assessment is more than twenty per <br /> <br />cent (20%) less than the assessment for that year by Harris County of comparable <br /> <br />properties within the District, the City may question Alamo's said assessment <br /> <br />tor the purpose of this agreement by so notifying Alamo in writing. Such written <br />notice shall be given Alamo within six (6) days after the adoption of such <br /> <br />resolution by registered United States mail addressed to Alamo at: <br /> <br />Alamo Industries, Inc. <br />Attention: Tax, Insurance & Claims Department <br />P. O. Box 1967 <br />Houston, Texas 77001 <br /> <br />and the same shall be accompanied by a true copy of such resolution. It Alamo <br />and City then do not agree on an assessment, City may within three (3) months <br />after the delivery ot such notice petition the District Court of Harris County <br /> <br />for a declaratory judgment to be tried as other civil causes in which City must <br /> <br />establish by a preponderance of the evidence that the assessment of Alamo's <br /> <br />said property for that year is in fact more than twenty per cent (20%) less than <br /> <br />. the assessment by Harris County for that same year of comparable properties. If <br /> <br />final judgment is entered in any such suit declaring Alamo's said assessment to <br /> <br />. <br /> <br />be more than twenty per cent (20%) less than said assessment by Harris County of <br /> <br />comparable properties and determining in dollars the proper assessment that <br /> <br />should have been placed on Alamo's said property by Harris County for the year in <br /> <br />question, then the assessment determined by said judgment shall be used for the <br /> <br />purpose of calculating the amount to be paid City in lieu of taxes in accordance <br />with the provisions of paragraph (2) above. It final judgment entered in any <br /> <br />such suit does not tind said assessment on Alamo's property to be more than <br /> <br />twenty per cent (20%) less than said assessment by Harris County of comparable <br /> <br />properties within the District, then the assessment originally established for <br /> <br />that year shall be used for the purpose ot paragraph (2) above. The costs ot <br /> <br />any suit, exclusive of attorney's fees, shall be borne by the losing party. <br /> <br />- 3 - <br />