Ordinance No. 16,316 (Item 9.q.)ORDINANCE NO. 16,316
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 XIV" 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, 14,979, 15,395, and 15,441; 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hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency, and in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, avoid or invalid, such invalidity shall not affect the validit� 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 131h day of November, 2025. � j
C I ES J404, Mayor
ATTEST: ��:,��
APPRO
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s`o.1~ORM:: �r
OND, City Attorney
R: Ordinances and Resolutions- Ordinance Drafts 2025-11-13 Ord-Supp to 212 Agt-Enterprise-SL.docx
EXHIBIT "A"
Frac XIV & DIB III
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement") dated November _ , 2025 (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 for Signatures)
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF _ _ §
CITY OF BAYTOWN, TEXAS
This instrument was acknowledged before me on the day of November, 2025 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:
ENTERPRISE PRODUCTS OPERATING, LLC
By: _
Name: Penny R. Hou
Title: Senior Vice President, Tax of
Enterprise Products OLPGP_Inc., Sole
Manager of_Enterprise Products Operating
LLC
THE STATE OF TEXAS §
0
COUNTY OF §
This instrument was acknowledged before me on the day of November, 2025 by
e
of Enterprise
Products Operating, LLC, a Texas limited liability company, on behalf of said limited liability
company.
Notary Public in and for the State of Texas
Printed Name:
My Commission Expires: