Item Coversheet

City of Georgetown, Texas
City Council Regular Meeting
AugustĀ 23, 2022

SUBJECT:
Consideration and possible action to approve a Partial Assignment of Encroachment Agreements with Chesmar Homes, LLC regarding the assignment of Encroachment Agreements with Seminole Pipeline Company LLC and Whitethorn Pipeline Company LLC in connection with the acceptance of certain water and wastewater facilities within the Water Oak Section 6 Subdivision, and to authorize the Mayor to execute the Partial Assignment upon amendment of the Encroachment Agreements -- Jim Kachelmeyer, Assistant City Attorney
ITEM SUMMARY:
Chesmar Homes has completed its construction of the Water Oak Section 6 subdivision, a neighborhood located between SH 29 and the South Fork of the San Gabriel River in the City’s extraterritorial jurisdiction.

The Water Oak Section 6 subdivision incudes roadway, utility, and drainage improvements that cross three existing gas transmission lines operated by Enterprise Products, as the parent company of both Seminole Pipeline Company LLC and Whitethorn Pipeline Company LLC. In order to begin construction of the improvements, in August 2021 Chesmar entered into three Encroachment Agreements with Seminole and Whitethorn to authorize the crossing of the pipeline easements with the proposed public facilities.

Chesmar has complete construction of the improvements and desires to dedicate some of the improvements to Williamson County (since it is the ETJ) and the water and wastewater improvements to the City’s water utility. Before the City can accept the water and wastewater improvements and commence service to the subdivision, the Encroachment Agreements must be assigned to the City and amended to remove certain terms to which the City cannot agree.

This item would approve the Partial Assignment of Encroachment Agreements and authorize the Mayor to execute the Partial Assignment when Enterprise approves the amendments to the Encroachment Agreements.
FINANCIAL IMPACT:
City’s water and wastewater utility will assume maintenance and operating expenses for the facilities, costs that will be borne by the customers of the water utility.
SUBMITTED BY:
RLD for Jim Kachelmeyer, Assistant City Attorney
ATTACHMENTS:
Description
Partial Assignment of EAs (Chesmar to Gtown)