Item Coversheet

City of Georgetown, Texas
City Council Regular Meeting
September 13, 2022

SUBJECT:
Consideration and possible action to approve two Amendment of Encroachment Agreements with Seminole Pipeline Company LLC and one Amendment of Encroachment Agreement with Whitethorn Pipeline Company LLC regarding the encroachment of certain public infrastructure within the Cole Estates Subdivision into existing Seminole and Whitethorn pipeline easements, and to authorize the Mayor to execute the Amendments -- Jim Kachelmeyer, Assistant City Attorney
ITEM SUMMARY:

Overlook at San Gabriel LLC has completed its construction of the Cole Estates subdivision, a neighborhood located between SH 29 and the South Fork of the San Gabriel River at the far western edge of the city limits.

 

The Cole Estates 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 October 2021 Overlook at San Gabriel LLC entered into three Encroachment Agreements with Seminole and Whitethorn to authorize the crossing of the pipeline easements with the proposed public facilities. 

 

Overlook at San Gabriel LLC has complete construction of the improvements and desires to dedicate the improvements to the City, other than the electric and telecommunications facilities.  Before the City can accept the roadway, drainage, and utility 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 two Amendment of Encroachment Agreements with Seminole Pipeline Company and one Amendment of Encroachment Agreement with Whitethorn Pipeline Company, in forms substantially similar to the Amendment documents attached hereto, and authorize the Mayor to execute the Amendments.

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.  City’s general fund will assume maintenance and operating expenses for the roadways and sidewalks.  City’s drainage utility will assume maintenance and operating expenses for the drainage improvements.

SUBMITTED BY:
Jim Kachelmeyer, Assistant City Attorney
ATTACHMENTS:
Description
Cole Estates map
Cole Estates - Amendment of Encroachment Agreement_1
Cole Estates - Amendment of Encroachment Agreement_C129
Cole Estates - Amendment of Encroachment Agreement_C138