Regional Water System
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North System Air Valve Improvements, Phase III; Project No. 101-0442-16; Resolution No. 24-33; Right of Way Acquisition Program
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SUBJECT
recommendation
Adoption of Resolution No. 24-33 authorizing funding in the amount of $1,140,000 to acquire permanent and temporary easements.
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PURPOSE
Existing air release valves must be upgraded and upsized to regulatory and surge modeling standards, respectively.
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors:
1) Authorize the Executive Director to execute a right-of-way acquisition program for the North System Air Valve Improvements, Phase III, Project No. 101-0442-16, with a budget of $1,140,000; and,
2) Adopt Resolution No. 24-33, “A Resolution Authorizing the Use of Eminent Domain to Acquire Right-of-Way for the North System Air Valve Improvements, Phase III, Project No. 101-0442-16, and Delegating Authority to Initiate Condemnation Proceedings to the NTMWD Executive Director.”
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Consultant: |
N/A |
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Scope: |
Right-of-way acquisition and support services necessary to facilitate the purchasing of easements for the project |
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Project: |
No. 101-0442-16, North System Air Valve Improvements, Phase III |
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Amount: |
$1,140,000 |
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Committee: |
This will be an item on the September 25, 2024, Real Estate Committee agenda |
DRIVER(S) FOR THIS PROJECT
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Strategic Objective: |
1.2 - Successfully Deliver Capital Program |
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☒ Regulatory Compliance |
☒ Asset Condition |
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☐ Capacity |
☐ Redundancy/Resiliency |
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☐ Relocation or External Requests |
☐ Operational Efficiency |
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☐ Safety |
☐ Administrative |
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☐ Policy |
☐ Other _____________ |
BACKGROUND
PROJECT PURPOSE
• Current Texas Commission on Environmental Quality (TCEQ) rules and regulations for the design of water transmission systems include the venting of air release valves (ARVs) to a point above grade.
• Existing ARV installations provide hydraulic protection for the piping systems but must be upgraded to current TCEQ requirements.
• This project was originally divided into three construction phases.
• ROW Acquisition program for Phase I was approved by the Board in March 2019, Administrative Memorandum 5382, Resolution No. 19-15.
• There was no ROW Acquisition program for Phase II.
• This ROW Acquisition program is for Phase III and requires permanent and temporary easements for the prosecution of work.
• The general location at which these easements will be acquired as needed is shown on the accompanying Map.
SUPPORT SERVICES
• Employ the firm of Saunders, Walsh & Beard, Attorneys & Counselors, to act as counsel on the acquisition of the properties.
• Employ an appraiser to provide appropriate reports.
• Employ a title company to provide professional services related to certain property ownership issues.
• Employ survey services to perform title survey for purchase & acquisition and verify property lines and potential easement locations when necessary.
• Based on ongoing projects and the need to assure substantial construction completion of this project by October 2025, contracted land agents or acquisition company(s) will be employed to assist in easement acquisition.
FUNDING
Funding in the amount of $1,140,000 is to be made available from the Regional Water System Extendable Commercial Paper (ECP) Program as the appropriation source; issuance of ECP notes will occur as cash needs arise.