Ordinance No. 15,441 ORDINANCE NO. 15,441
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 PDH2 PROJECT; 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, 14,979, and 15,395; 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 PDH2 Project,
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ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of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 the affirmative vote of the City Council of the
City of Baytown this the 27t" day of April, 2023.
ANDON CAPE L Mayor
'TEST: ��,Yxoyy
I
co I
A GELA AC S �, t ,City
OFT
APPROVED S T O 1�
SCOTT LEM D, City Attorney
R''-.Karen Anderson'.ORDINANCES 2023 2023 04 27 AuthonznngSupplementtoEnterprise2l2Agreement docx
EXHIBIT "A"
PDH2
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement") dated April ,
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 J""allowing Pages for Signatures)
CITY OF BAYTOWN, TEXAS
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before on the day of Apr1l,2023 by
s 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-
E;NTERPRISF. PRODUCTS OPERATING I.i.0
By L.nterprise Products 01.1'CI', fnc.
Its: Sole Manager
Icy. ._._.�__..—
Name: Penny R. I iouy
Title: Senior Vice President, Tax
THE STATE OF'l`FXAS
COUNTY OF IfARRIS
This instrument �Nas acknoNdedged before nee on the dd daN of,April, 2023 b%
Penn% R. Hnu}'. Senior Vice President, Tax of f-nterprise Products 01_110I1- Inc.. Sole Manager
of I;NI'I;RI'RISE' I'RODf.crs OI'I RATING H-C. a Texas limited liability company. of behalf-
of`said limited IiabihiN company.
MMEL IRWW NoiarN Public in aid fryr the Slate of Texas
' _ M�Mtt�rm�00�1�M1 �i9�r'1�G� F Etc.+ � Printed Name:
M% Commission L:xpircxs: 07, v
Alter recording, return to:
Pamela Pappas
Fnterprise Prolticts Operating I.1 C
1 100 Louisiana, Suite 24.008
1louston. Texas 77002
-4-
PDH2
Schedule 1 to Supplement
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