Ordinance No. 14,636ORDINANCE NO. 14,636
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
BRINE POND 5 AND 6 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.
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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, and 14,612; 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 Brine
Pond 5 and 6 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 in 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 after its passage by the City Council of the
City of Baytown and Enterprise Products Operating, LLC's execution of the Supplement 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 101h day of December, 2020
B NDON CAPETILL ,Mayor
ATTEST:
1;
e� e
L TI IA BRYSCH, City e ��
2
APPROVED AS TO FORM: �7t
kA-AML. HORNER, City Attorney
COBFS01 LegallKaren Files City Council Ordinances\2020Uanuary 9WuthorizingSupplements&RemovalofPropertyfromlndustrialDistrictNo2.doc
Exhibit "A"
Brine Pond 5 &6
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement') dated December ,
2020 (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
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before on the day of December, 2020 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
By: e Yr�
Name: Penny R. Houy
Title: Vice President -Tax
THE STATE OF TEXAS §
E
COUNTY OF HARRIS §
This instrument was acknowledged before me on the " day of December, 2020 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 "AAIA
n
My Commission Expires: 4-1 IQoa4
-4-
KALA HAMMONS
My Notary ID # 1882ti35
EVNW August 7, 2024
Brine Pond 5 &6
Schedule 1 to Supplement
SURVEY DESCRIPTION
BRINE PONDS 5 & 6
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
AN ARVA OF LAND LYING IN THE HANN'All NASH ,SURVEY, ABSTRACT NW111611 20, CIIAJIIIE'liS
COUNTY, TEXAS, AND DEING MORE PARTICULARLY DIESCRIDCD AS FOLLOWS:
CO11N10CINC AT A FOUND 1/2" IRON ROD 1T1111 CAP HA111NG A TEXAS SOUTH CENTRAL Sum
PLANT: COORDINATE, ZONE •1204, NAD 03, OF `"V54204.93, 1'-131363794.411 AND RUNNING
THENCE RUNNING S77'5106"1T 150,1.7Gr,EET. N12'1)))'Ci!"W 42-1.14 FEET TO TIIR POINT OF
Bb'("I,N`NING:
FRO,)[ SAID POINT OF BEGINNING TIIHNCE 5 TOO'31"W A DISTANCE OF 171.1.03 FEET TO A
POINT; TI-IFNICE SI(r69'29"E: A DISTANCE ON 28,20 FEET TO A POINT: THENCE PROCRI:D
S '0O'31"ll A DISTANCE OF 40.91 BEET 70 A POINT; THENCE PROCEED NIV519'29"W A
DISTANCE OF 2R.211 FEET' TO A POINT; THENCE PROCEED S7'9"00'31"If A DISTANCE OF
2668.01 FEET TO A POINT; TIIENCE PROCEED N'I0"59'29"lT A DISTANCE OF 1523.27 F'LET TO
A POINT; TIIENCF PROCEED A`7f1"IU'lll"I; A DISTANCH OF 101111.03 FEET TO A POINT, TIIGYCF
PROCRF:I) cN77"31'32'E A DISTANCE, OF 1100,14 FEET TO A POINT; THENCE F'ROCELD TO A
CURVE TO THE RIGHT HAVING A RADIUS OF 203.130, AN ARC LENGTH OF 353.50' AND A
CHORD BLARING AND DISTANCE O 5`04°111'IJH°K 327.68 FEFT TO A POINT., THENCE PROCEED
Slla-Will"P A DISTANCE OF 503.15 FFE7 TO A POINT; THENCE PROCEED SI)Ii"OI'I "E A
DISTANCE UP 621.20 FEET To 1 POINT; Till-,NCE PROCEED 808"43'51 "E A DISTANCE OF
222.6.1 FELT BACK TO TIIR POINT OF BEGINNING,
CONTAINING AN ARRA OI' 44JI071 SQUARE FEET Olt 101.72 ACRFS.
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12/1/2020 Print Agenda Item Request
B WN
BAYTOWN CITY COUNCIL MEETING
Meeting Date: 12/102020
Subject: Supplement to Section 212 Agreement for Property
Prepared for: Victor Brownlees, Finance Prepared by. Karen Horner, Legal
Department: Finance
Information
ITEM
Consider an ordinance authorizing Supplements to Section 212 Agreement with Enterprise Products Operating,
LLC, for Property and removing such properties from Industrial District No. 2.
PREFACE
This proposed ordinance authorizes Supplements to Section 212 Agreement (the "Agreement") with Enterprise
Products Operating, LLC ("EPOLLC"), for Property and removes such properties from Industrial
District No. 2.
The Agreement with EPOLLC requires EPOLLC to add property to the Agreement prior to or within a
reasonable time following commencement of construction of buildings, industrial plants or other structures on
property within the City's extraterritorial jurisdiction and not subject to the Agreement. To do so, EPOLLC
must give the City notice of commencement of such construction and provide supplements for the parties to
execute. On or about , 2020, the City received notices and supplements for the following
property:
Additionally, at the time a Supplement for added property is executed, the City is required to remove any
industrial district designation from such property. Therefore, this ordinance also removes the above -referenced
property from Industrial District No. 2.
agendas.baytown.org/live/publish/print_ag_memo.cfm?seq=19650&rev_num=0&mode=External&reloaded=true&id=0 ill