Ordinance No. 14,979 ORDINANCE NO. 14,979
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 HYDROTREATER 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 , and 14,636; 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 Hydrotreater
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 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ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of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 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 9rh day of December, 2021
NDON CAPETIL O, Mayor
ATTEST:
( of gpYTOW4,
IVL
ANGEL JACKSON, City Cler
APPROVED AS TO FORM: F OF
HORNER, City Attorney
RAKaren Homer`Documents\Files\City Council\Ordinances\2021\Dmember9\AuthorizingSupplementtoEnterprise2l2Agreement.docx2
Exhibit "A"
Wdrotreater
SUPPLEMENT TO SECTION 212 AGREEMENT
This Supplement to Section 212 Agreement ("Supplement") dated
2021 (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)
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CITY OF BAYTOWN,TEXAS
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before on the day of ,
2021 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 §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the J4_�ay of ,
2021 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.
N-4
Notary Public in and for the State of Texas
KAIA HAMMONS
My Notary ID#1882635 Printed Name: 6
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•6 7•2024
My Commission Expires: d
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Hvdrotreater
Schedule 1 to Supplement
SURVEY DESCRIPTION
HYDROTREATER
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
AN AI(1:A OF LAND LYING IN TIIE: IIANCAH NAS11 SURVEY. ABSTRACT NU11FiN;K 20, C:IIA�1HI:kS
COUNTY, TEXAS, AND 111i,I1NIG W)M, l'AI2TIU EARLY DESC'RIBEN) AS FOLI.OIVS:
fil:(�INN'!N'C AT A POINT HATING A '1'1:XA,S 50UTI1 C1:NTRAL STATE PLANE COORDINATE, 7,ON'L
120-1, NAD 83, OF X=323t1996.9,19, )'=131JIJ5942.052 AND RI►NN'ING THENCE N/8007'12"I; A
DISTANCE OF ,il0.04 FEET TO A POINT, THENCE PROCEED S11".52"IIl"t: A DISTANCE; OF
365.79 FEET TO A POINT; THEWCE PROCEED S711"07'12"AV A TARTANCE of '120.114 FEET TO A
POINT; THENCE PROCAJ:D N'11"ri2'48"IT A DISTANCE OF 360.79 Fl%T TO Till-' POINT OF
BEGINNING.
coi'fAIN'I,NG AN AREA OF 117360.06 SQ11ANh, FEET OR P.-G9 ACRES.