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Ordinance No. 14,312ORDINANCE NO. 14,312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING SUPPLEMENTS TO SECTION 212 AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING, LLC, FOR FRAC X PROPERTY, FRAC XI PROPERTY AND ISOM/DIB II 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, and 14,173; 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 following supplements to Section 212 Agreement with Enterprise Products Operating, LLC: 1. Supplement for Frac X Property, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes; 2. Supplement for Frac XI Property, which is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes; and 3. Supplement for ISOM/DIB II Property, which is attached hereto as Exhibit "C" 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 Exhibits "A," "B," and "C." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 after its passage by the City Council of the City of Baytown and Enterprise Products Operating, LLC's execution of the Supplements to the Chapter 212 Agreement authorized in Section 1 hereof. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 91h day of January, 2020. RANDON CAPETILLO, Mayor ATT T: LETICIA BRYSCH, Cit Jerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., C' Attorney COBFS01 Legal Karen FilesCity Council'0rdinance0020Vanuary 9\AuthorizingSupplements&RemovalofPropertyfromindustrialDistrictNo2.doc Exhibit "A" FRAC X SUPPLEMENT TO SECTION 212 AGREEMENT This Supplement to Section 212 Agreement ("Supplemenf') dated December_, 2019 (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) -2- CITY OF BAYTOWN, TEXAS 0 Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before on the day of December, 2019 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- ENTERPRISE PRODUCTS OPERATING LLC By: Enterprise Products OLPGP, Inc. Its: Sole Manager Name: Penny R. Houy Title: Vice President -Tax THE STATE OF TEXAS § 0 COUNTY OF HARRIS § This instrument was acknowledged before me on the day of December, 2019 by Penny R. Houy, Vice President -Tax of Enterprise Products OLPGP, Inc., Sole Manager of ENTERPRISE PRODUCTS OPERATING LLC, a Texas limited liability company, of behalf of said liability company. Notary Public in and for the State of Texas Printed Name: My Commission Expires: -4- FRAC X Schedule 1 to Supplement SURVEY DESCRIPTION FRAC X HANNAH NASH SURVEY, A-20 CHAMBERS COUNTY, TEXAS AN' AREA OF LAND LYING IN THE HANNAH NASH SURVEY. ABSTRACT NU.%IIiEP. 20. CHAMBERS COUNTY. TEXAS, AND HEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT HATING A TEXAS SOUTH CENTRAL STATE PLANE COORDINATE, ZONE 4204. NAD 8:3, OF X=:3257723.231, Y=138867(18.3.10 AND RUNNING THEN('E N78'20'10"E A DISTANCE OF 630.49 FEET TO A POINT: THENCE Sl l'S2 •l8"E A DISTANCE OF 1356.83 FEET TO A POINT: THENCE PROCEED S78'07'12"W A DISTANCE OF 520.67 FEET TO A POINT; THENCE PROCEED N11'52'40" W A DISTANCE OF 286.13 FEET TO A POINT: THENCE PROCEED S78'07' 12"W A DISTANCE OF 109.03 FEET TO A POINT; THENCE PROCEED N 11'52'd8"1ti A DISTANCE OF 1073.08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 82479-1 93 SQUARE FEET OR 18.1135 ACI(ES. Exhibit "B" FRAC XI SUPPLEMENT TO SECTION 212 AGREEMENT This Supplement to Section 212 Agreement ("Supplement') dated December _, 2019 (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) -2- CITY OF BAYTOWN, TEXAS By: Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before on the day of December, 2019 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- ENTERPRISE PRODUCTS OPERATING LLC By: Enterprise Products OLPGP, Inc. Its: Sole Manager 0 Name: Penny R. Houy Title: Vice President -Tax THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of December, 2019 by Penny R. Houy, Vice President -Tax of Enterprise Products OLPGP, Inc., Sole Manager of ENTERPRISE PRODUCTS OPERATING LLC, a Texas limited liability company, of behalf of said liability company. Notary Public in and for the State of Texas Printed Name: My Commission Expires: -4- '838JV 699'1-Z 80 1333 3HVflbS 2;9'9Z2;0401 30 V3HV XV ONINIV,LNO.) 'JNI,NN103H JO .L,VIOd 3H.L Ol ISM 1£'9401 30 3JNV.LS1(I 1' (13H.Md :4.)N3H.L '11-410d V O.L 1333 6S'£4Z .40 3.)NV.LSIO V 3„Zl,!OoR4N (133JOHd 3:)N3H.L '.LNIOd V O.L 1333 SO'ISS .40 3.),VV.LSia V A„Rb,Z6a11N 033Joad 3JN3H.L -'.L,VIOd V O.L 1333 £6'I64 JO 3JNV.LSIQ V !1„ZI.40.94S a33JOHd 3JN311.L '.LNIOd V O.L 1333 SO'ISS 30 U.MVISIG 1' 3„Rh,ZSe11S (133JOHd HYC4111 '.LNIOd V 01 1333 14'14 JO 'UNV.LSIO V A.,2:1,40e1141; (133JOHd 3JN3111 UNIOd V O,L .L33d RO'£401 JO 3JNV.LS10 V 3..9h,Z9el IS 3JNM. UNIOd V O.L 1333 S0'06S; 30 3JNV.LSIO V 3„01,02404N 3J,V3111 ONINKAH ONV 9h0'6h99RR£1=.1 '19£'GhI492;£=X 30 '£R OVN 'hOZh 3NOZ '3.LVNIOHOOJ 3,\4"ld 3.L1'.LS IV?ILN3.) II.L,IOS S1X31 V O,VI:1Vll .L,VIOd V IV 9,VI,NN1030 :SAtOT10.4 SV (I:IHIHJS3(1 A'lMV'L1.)lDlVd 3H01V ')N13H (INV 'SVX3.L '.UNIIOJ S?13HIVVIIJ '(IZ 11311MIN .L )WI.LSHV 'A3.1HOS HSVN FIVNNVFI 3H.L NI ')Nl.l1 (1NV"1 30 V3NV NV SVxS,t 'A,LNnOO Says NYH3 Oz—V 'ASAHnS HSVN HVNNVH IX DvHA NOI,Ldia3sSQ AHAHnS luatualUdnS oI 1 alnpayos Exhibit "C" ISOM and DIB II SUPPLEMENT TO SECTION 212 AGREEMENT This Supplement to Section 212 Agreement ("Supplement') dated December _, 2019 (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) -2- CITY OF BAYTOWN, TEXAS M. Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before on the day of December, 2019 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- ENTERPRISE PRODUCTS OPERATING LLC By: Enterprise Products OLPGP, Inc. Its: Sole Manager Lo Name: Penny R. Houy Title: Vice President -Tax THE STATE OF TEXAS § 21 COUNTY OF HARRIS § This instrument was acknowledged before me on the day of December, 2019 by Penny R. Houy, Vice President -Tax of Enterprise Products OLPGP, Inc., Sole Manager of ENTERPRISE PRODUCTS OPERATING LLC, a Texas limited liability company, of behalf of said liability company. Notary Public in and for the State of Texas Printed Name: My Commission Expires: -4- ISOM and DIB II Schedule 1 to Sunnlement SURVEY DESCRIPTION ISOM AND DIB II HANNAH NASH SURVEY, A-20 CHAMBERS COUNTY, TEXAS AN AREA OF LAND LYING IN THE HANNAH NASH SURVEY, ABSTRACT NUMBEIt 20, CHAMBERS COUNTY. TEXAS. AND BEING (►FORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT HAVING A TEXAS SOUTH CENTRAL STATE PLANE COORDINATE. ZONE 4204, NAD 113. OF X=3256732.470, Y=1:38116563.813 AND RUNNING THENCE N78"20' 10"E A DISTANCE OF 421.60 FEET TO A POINT; THENCE. SIl"52'48"E A DISTANCE OF 1075.31 FEET TO A POINT; THENCE PROCEED S78"07'12"H' A DISTANCE OF 421.59 FEET TO A POINT; THENCE PROCEED NII°52'48"W A DISTANCE OF 1076.90 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 453677.45 SQUARE FEET Olt 10.415 ACRES.