Ordinance No. 15,395 ORDINANCE NO. 15,395
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A SUPPLEMENT TO THE SECTION 212
AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING, LLC, FOR
THE FRAC XII PROPERTY; REMOVING SUCH PROPERTY LOCATED
WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION
FROM BAYTOWN INDUSTRIAL DISTRICT NO. 2; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF,
WHEREAS, Section 42.044 of the Texas Local Government Code expressly provides for
the establishment of industrial districts by municipalities within their extraterritorial
jurisdictions; and
WHEREAS, the City Council,through Ordinance No. 893, established Baytown Industrial
District No. 2; and
WHEREAS, Industrial District No. 2 was amended by Ordinance Nos. 1806, 11,965,
12,378, 12,922, 14,173, 14,312, 14,636, and 14,979; and
WHEREAS, the City Council desires to amend the boundaries of Baytown Industrial
District No. 2 again in order to remove certain property within its extraterritorial jurisdiction from
such industrial district; and
WHEREAS, the City Council believes removing such additional property within its
extraterritorial jurisdiction from the industrial district will be for the mutual advantage to industry
and the citizens of Baytown; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the Supplement
to the Section 212 Agreement with Enterprise Products Operating, LLC, for the Frac XII Property,
which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby removes from
Baytown Industrial District No. 2 the property that is described Exhibit"A."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
such inconsistency, and in all other respects, this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or set of circumstances shall for
any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application to other persons or sets of
circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by th tive vote of the Council of the
City of Baytown this the 91h day of March, 2023
NDON CAPETILLO, ayor
ATTEST: OF gp,YTOrgr.�T
V 4 � otP
A GELA CKSO
APPROVED AS F
SCOTT LEMON , City Attorney
R:Karen Anderson\ORDINANCES\202312023.03.091AuthonzmgSupplementtoEnterpnse212Agreement.docx
EXHIBIT "A"
Frac XII
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement') dated January ,
2023 (the "Supplement Effective Date"), is made by and between the City of Baytown, Texas
(the "City"), a home rule municipal corporation, and Enterprise Products Operating LLC, a
Texas limited liability company("Enterprise").
RECITALS
WHEREAS, reference is here made to that certain Section 212 Agreement (the same, as
heretofore amended and as heretofore supplemented, is herein called the "Section 212
Agreement") dated September 24, 2019, between Enterprise Products Operating LLC, a Texas
limited liability company, and the City of Baytown, Texas, a home rule municipal corporation, a
copy of which is filed for record as Document Number 2019-146367 in the Real Property
Records of Chambers County, Texas; and
WHEREAS, Enterprise owns the real property described in Schedule 1 attached hereto
and has elected, pursuant to Section 4.4 of the Section 212 Agreement, to include such land as an
Added Tax Parcel for purposes of the Section 212 Agreement; and
WHEREAS, in furtherance thereof and as provided for in the Section 212 Agreement, the
City and Enterprise execute and deliver this instrument as a "Supplement" for purposes of the
Section 212 Agreement.
AGREEMENTS
NOW, THEREFORE, for and in consideration of the covenants and agreements
contained herein and in the Section 212 Agreement, the City and Enterprise hereby agree as
follows:
1. Defined Terms. Words with initial capital letters used but not defined herein shall
have the respective meanings ascribed to them in the Section 212 Agreement.
2. Added Tax Parcel. The land described on Schedule 1 attached hereto is hereby
designated to be and constitutes an Added Tax Parcel for purposes of the Section 212
Agreement, effective as of the next occurring January 1 after the Supplement Effective Date.
3. Representations and Warranties. The City hereby makes to Enterprise the
representations and warranties set forth in Section 2.1 of the Section 212 Agreement, with the
references therein to the "Agreement" being for purposes hereof a reference to this Supplement
and references to the "Effective Date" meaning the Supplement Effective Date for purposes of
this Supplement. Enterprise hereby makes to the City the representations and warranties set
forth in Section 2.2 of the Section 212 Agreement, with the references therein to the
"Agreement" being for purposes hereof a reference to this Supplement and references to the
"Effective Date" meaning the Supplement Effective Date for purposes of this Supplement.
(See Following Pages jor Signatures)
-2-
CITY OF BAYTOWN, TEXAS
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before on the day of January, 2023 by
, of the City of
Baytown, a home rule municipal corporation, on behalf of said corporation.
Notary Public in and for the State of Texas
Printed Name:
My Commission Expires:
-3-
f
ENTERPRISE PRODUCTS OPERATING LLC
By: Enterprise Products OLPGP, Inc.
Its: Sole Manager
By: jl?L-�'
Name: Penny R. Houy
Title: Senior Vice President,Tax
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the ,day of January, 2023 by
Penny R. Houy, Senior Vice President, Tax of Enterprise Products OLPGP, Inc., Sole Manager
of ENTERPRISE PRODUCTS OPERATING LLC, a Texas limited liability company, of behalf
of said limited liability company.
Notary Public in and for the State of Texas
'de�11E{.AF.$tJfLlrR
E:*I NoWy®Ile 5042M 1F r
DVWJ*10,202e Printed Name:_. 6k7 t'• L[ L4c.
My Commission Expires: f f
After recording-return to:
Pamela Pappas
Enterprise Products Operating LLC
1100 Louisiana, Suite 24.008
Houston,Texas 77002
-4-
Frac XII
Schedule 1 to Supplement
SURVEY DESCRIPTION
FRAC X11
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
AN ARPA OF [%ND ININC IN TILE; f1ANNAH NASH SURVEY. AHSTRACT Nt;Nj 1E,'R 2o. CHAMDEPS
C'OVNTY. TFKAS, AND BEING MORE PARTICIJURLY DESCRIBED AS FOLLOWS:
HFCINNING AT A POINT IIA1'IM; A TEXAS SOUTH CENTRAL STATE; P1,ANE COORDIN ATF;, 'LONE
1.?01. NAD 03, OF X=3256157.729. Y=MB861 15.16C AND RUNNING THENCE. N711*i0'1O"F A
DIS'1'ANIF OF W16.a11 FEET -1.0 A POINT"; 1-11ENCE. 8II'52'-111"E: ,1 OISTAN(F OF 1076DO rFF.,l'
TO A POINT; 'IHI•:NCE PROCEED N79"07'1L"H A D35'rAN(;E OF 1.111.00 rEF.T TO A POINT;
THENCE PkOCE♦D SI1'Ei2'iB"1? A DISTANCE OF 551.05 Flsl•:I' '10 A POINT: TRE_:MI. PROCEED
S78'07'M`4 A DISTANCE OF 731.813 MET TO A POIN"I; MENCI{ PRO(:EEi) N11"5'%'411"w A
DISTANCE OF' 1630.111 FFFT TO TII[s POINT OF HPGINNING.
CONTAINING AN AREA OF 1037570.11 SQUARE FEFT OR S3.819 ACRES.
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2023 - 191271 03/14/2023 02:03 PM Page 1 of 6 Heather H. Hawthorne, Chambers County Clerk
Prac X11
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement") dated
2023 (the "Supplement Effective .Date"), is made by and between the City of Baytown, Texas
(the "City"), a home rule municipal corporation, and Enterprise Products Operating LLC, a
Texas limited liability company("Enterprise").
RECITALS
WHEREAS, reference is here made to that certain Section 212 Agreement (the same, as
heretofore amended and as heretofore supplemented, is herein called the "Section 212
Agreement") dated September 24, 2019, between Enterprise Products Operating LLC, a Texas
limited liability company, and the City of Baytown, Texas, a home rule municipal corporation, a
copy of which is filed for record as Document Number 2019-146367 in the Real Property
Records of Chambers County, Texas; and
WHEREAS, Enterprise owns the real property described in Schedule I attached hereto
and has elected, pursuant to Section 4.4 of the Section 212 Agreement, to include such land as an
Added Tax Parcel for purposes of the Section 212 Agreement; and
WHEREAS, in furtherance thereof and as provided for in the Section 212 Agreement, the
City and Enterprise execute and deliver this instrument as a "Supplement" for purposes of the
Section.212 Agreement.
2023 - 191271 03/14/2023 02:03 PM Page 2 of 6 Heather H. Hawthorne, Chambers County Clerk
AGREEMENTS
NOW, THEREFORE, for and in consideration of the covenants and agreements
contained herein and in the Section 212 Agreement, the City and Enterprise hereby agree as
follows:
1. Defined Terms. Words with initial capital letters used but not defined herein shall
have the respective meanings ascribed to them in the Section 212 Agreement.
2. Added Tax Parcel. The land described on Schedule 1 attached hereto is hereby
designated to be and constitutes an Added Tax Parcel for purposes of the Section 212
Agreement, effective as of the next occurring January 1 after the Supplement Effective Date.
3. Representations and Warranties. The City hereby makes to Enterprise the
representations and warranties set forth in Section 2.1 of the Section 212 Agreement, with the
references therein to the "Agreement' being for purposes hereof a reference to this Supplement
and references to the "Effective Date" meaning the Supplement Effective Date for purposes of
this Supplement. Enterprise hereby makes to the City the representations and warranties set
forth in Section 2.2 of the Section 212 Agreement, with the references therein to the
"Agreement" being for purposes hereof a reference to this Supplement and references to the
"Effective Date"meaning the Supplement Effective Date for purposes of this Supplement.
(See Following Pages for Signatures)
-2-
2023 - 191271 03/14/2023 02:03 PM Page 3 of 6 Heather H. Hawthorne, Chambers County Clerk
CITY OF BAYTOWN, TEXAS
By: 0,C /�?— zle��
Nanmc: cJ "' riw
Title:
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before on the loth day of 2023 by
Jason E. Reynolds, 7 City Manager of the City of
Baytown, a home rile municipal corporation, on behalf of said eorpo n.
rite;,, SYLVIA AGUILAR Notary Pu ie in and e State of Texas
: � ,�Notary Public,State of Texas
S!'-, ,ff Comm.Expires 11-07-2026
*�••• Printed Name: i� r
Ft,.,a NotaryID472065-3
My Commission Expires:
CQ�ga1
-3-
2023 - 191271 03/14/2023 02:03 PM Page 4 of 6 Heather H. Hawthorne, Chambers County Clerk
ENTERPRISE PRODUCTS OPERATING LLC
By: Enterprise Products OLPGP, Inc.
Its: Sole Manager
By:
Name: Penny R. flouy
Title: Senior Vice President,Tax
THE STATE OF TEXAS §
COUNTY Ol-' 14ARRIS §
This instrument was acknowledged. before me on the If9day of January, 2023 by
Penny R. I-louy, Senior Vice President, "I'ax of Enterprise Products 01.,['Cj1', Inc., Sole Manager
of ENTERPRISE' PRODUCTS OPERATING LLC., a 'l'cxas limited liability company, of behalf
of said limited liability company.
Notary Public in and for the State of Texas
I %
TAMIUA F.BUTUR
, I-'31]
NdWy ID 8 5042731
Printed Name: [,f 1
M4,
fth"J*16,2CO 44
My Commission Expires: gle
After recording, return to:
Pamela Pappas
Enterprise Products Operating LLC
1100 Louisiana, Suite 24.008
Houston,Texas 77002
-4-
2023 - 191271 03/14/2023 02:03 PM Page 5 of 6 Heather H. Hawthorne, Chambers County Clerk
Frac XII
Schedule 1 to Supplement
SURVEY DESCRIPTION
FRAC Xll
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
AN AREA OF LAND tX[NO. Ili TEIF HAl4ftiAH NASH 1S('RYE). AHSTRAC T N1348F.R W, C;1 ANWER11
COUNTY. TEXAS, AND 131PING .AFORE PARTICULARLY DF,'SC'RIRF D AS FCti,LQW.S.
BEGINNING AT A POINT 14AVINC A TEXAS SOUTH CENTRAL STATE. PLANE (:013110INATF, ZONE
NAD 83. OF X-:l'5GIS7.72A. Y=138864-15.166 AND PUNNING THENCE Iti7l1"2O'10-F A
DISTANCK OF 58GA#i6 PEET TO A POINT; T1iEwE; S11'S'!*48"F A DISTAWE OF' 107E-90 FEET
TO A PI DINT; I'IJLNGE PRO/CED N78"O7'tZ`E A 111SCANCE OF 148.00 FFET TO A POINT:
TULNCE PROCEED S11"52'48"E: A ]ASTANCE OF 561.05 FCE;r '1'O A voiNT; 'Ci[ls\Cli NROC`FFI}
6'78"07`1:?"W A DISTANCE OF 734.80 FEET TO A POINT; TIiCNCE. PiAM EE:I? tlf"a'?'411"15' A
DISTAN(!r (,OF 16,10.10 FEET TO THE POINT OF IJECIINN(NC.
t'crN AIININC r'IN AREA OF' 10:37576.$1 SQUARE FPET OR 23.814 ACRES,
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2023 - 191271 03/14/2023 02:03 PM Page 6 of 6 Heather H. Hawthorne, Chambers County Clerk
FILED FOR RECORD IN:
Chambers
On: 03/14/2023 02:03 PM
Doc Number. 2023-191271
NumberofPages: 6 / st
Amount: $42.00
Order#: 20230314000020 'tv•F '^�
By: CGAs
Heather H.Hawthorne