2019 09 24 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
SEPTEMBER 24, 2019
The City Council of the City of Baytown, Texas, met in a Special Meeting on Tuesday,
September 24, 2019, at 5:40 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
Chris Presley
Council Member
Robert Hoskins
Council Member
Brandon Capetillo Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the September 24, 2019, City Council Special Meeting with a quorum
present at 5:30 P.M., all members were present with the exception of Council Members
Betancourth, Himsel and Johnson.
1. PROPOSED ORDINANCES
a. Consider an ordinance removing certain property from Industrial District No. 2.
City Manager Rick Davis presented the item and noted that the proposed ordinance removes
certain property owned by Enterprise Products Operating, LLC ("EPO") from Industrial District
No. 2 in order to offer them the proposed Chapter 212 Economic Development Agreement.
He further noted that State law permits the City to designate any part of its extraterritorial
jurisdiction as an industrial district and to treat such areas in a manner considered to be in the
best interest of the City. The City has designated three such areas as industrial districts. The
first district was created in 1967. Industries in such districts are afforded the opportunity to sign
Industrial District Agreements in lieu of annexation in order for industries to compensate the
City for their limited use of municipal services from which they derive direct and indirect
benefits. The Enterprise property removal is contingent upon the final execution of is economic
development agreement. Mr. Davis stated that he recommended the approval of this ordinance.
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
Chris Presley to approve Ordinance No. 14,173 related to Item La. The vote was as follows:
City Council Special Meeting Minutes
September 24, 2019
Page 2 of
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley
Nays: None
Other: Council Member Charles Johnson (Absent), Council Member Heather
Betancourth (Absent), Mayor Pro Tem Robert C. Hoskins (Abstain),
Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 14,173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REMOVING CERTAIN 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.
b. Consider an ordinance authorizing a Chapter 212 Agreement with Enterprise
Products Operating, LLC.
Mr. Davis presented the item and noted that the proposed ordinance authorizes a Chapter 212
Agreement (the "Agreement") with Enterprise Products Operating, LLC ("EPO"). He noted that
this agreement entails the following:
1. Requires EPO to pay the City $66,000,000 in two schedule payments -- the first being on
October 1, 2019 and the second being July 1, 2020 -- for the design and construct a
public safety building;
2. Requires EPO to make annual contractual payments to the City;
3. Grants EPO limited immunity from City regulation;
4. Guarantees EPO immunity from annexation throughout the term of the Agreement;
5. Allows other property owned by EPO to be annexed into the Agreement;
6. Requires that the City remove EPO's property from Industrial District No. 2;
7. Prohibits the City from establishing an industrial district affecting EPO's property during
the term of the Agreement;
8. Terminates EPO's existing Industrial District Agreement with the City;
9. Establishes a 35-year term; and
10. Provides for a credit for any fees that the City may hereinafter adopt affecting properties
in the ETJ.
Mr. Davis stated that he was very excited and happy to bring forth this historical agreement and
wholeheartedly recommend its approval. Mayor Capetillo and Council Member Hoskins
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September 24, 2019
Page 3 of
thanked the Enterprise representatives and City Management for their hard work on the
agreement and bringing this partnership to fruition.
A motion was made by Council Member Chris Presley, and seconded by Council Member Laura
Alvarado to approve Ordinance No. 14,174 related to Item 1.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley
Nays: None
Other: Council Member Charles Johnson (Absent), Council Member Heather
Betancourth (Absent), Mayor Pro Tem Robert C. Hoskins (Abstain),
Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 14,174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER
212 AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING,
LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
2. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 24,
2019, City Council Special Meeting at 5:48 P.M.
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