Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Engineering
Information
Requested Action
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MOTION TO APPROVE Encroachment Agreement between Broward County and Florida Gas Transmission Company, LLC, (FGT), under which FGT consents to the installation, maintenance, operation, and repair of a new wastewater pipeline by Broward County across an easement held by FGT (“Easement Area”) as depicted on Exhibit “C” of the Encroachment Agreement; and authorize the Mayor and Clerk to execute same. (Commission District 7)
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Why Action is Necessary
Board approval is required to enter into an agreement with FGT.
What Action Accomplishes
Approves the corrected Encroachment Agreement through which FGT consents to Broward County’s installation, maintenance, operation, and repair of a new wastewater pipeline across a portion of the Easement Area and under existing natural gas pipelines and related surface and subsurface appurtenances.
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Previous Action Taken
On September 5th 2024 (Item No. 5), the Board approved an Encroachment Agreement through which FGT consents to Broward County’s installation, maintenance, operation, and repair of a new wastewater pipeline across a portion of the Easement Area and under existing natural gas pipelines and related surface and subsurface appurtenances.
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER ENGINEERING DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
Florida Gas Transmission Company, LLC, (FGT) holds an Florida Department of Transportation (FDOT) easement via a Natural Gas Pipeline Easement Agreement dated August 23, 2013, recorded February 25, 2015, Instr. No. 112832569, Official Records, Broward County, Florida, and that First Amendment to Natural Gas Pipeline Easement Agreement dated January 20, 2015, recorded February 27, 2015, Instr. No. 112837547, Official Records, Broward County, Florida (“Easement Agreement”), covering lands located in Broward County (“Easement Area”).
Pursuant to the Easement Agreement, FGT has constructed and currently operates and maintains an 18” and a 24” natural gas pipeline and related surface and subsurface appurtenances (collectively, the “Pipeline Facilities”).
FDOT issued Broward County a permit to cross a portion of Easement Area containing segments of the Pipeline Facilities.
The Board approved a prior version of this agreement on September 5, 2024. The prior version of this agreement did not contain the following language from section 1. The corrected version includes the language for section 1:
c) COUNTY shall at all times conduct all activities on the Easement Area in such a manner as not to interfere with or impede the operation and maintenance of the Pipeline Facilities.
If approved, the corrected Encroachment Agreement (Exhibit 1) provides FGT’s consent, as holder of the relevant easement and owner of the Pipeline Facilities, to Broward County to install, maintain, operate, use, and repair a new wastewater pipeline within the Easement Area. Specifically, Broward County intends to install a 16” force main and 30” casing via horizontal directional drilling in the City of Hollywood
The Encroachment Agreement contains the following non-standard terms:
1. Broward County assumes all risk for damages or injuries concerning the installation or construction of the new wastewater pipeline;
2. Mutual non-indemnification;
3. Broward County’s obligation to take reasonable steps to protect existing FGT’s Pipeline Facilities as defined in section 4;
4. Broward County’s obligation to pay removal or replacement costs of the new wastewater pipeline as described in section 5; and
5. Broward County’s obligation provide notice to FGT of certain work.
6. Broward County must at all times conduct all activities on the Easement Area without interfering with or impeding the operation and maintenance of FGT’s Pipeline Facilities.
FGT has agreed to execute the Encroachment Agreement only after Board of County Commissioners' approval.
Source of Additional Information
Alicia Dunne, PE, PMP, Director, Water and Wastewater Engineering Division, (954) 831-0740
Trevor M. A. Fisher, PE, MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.