Upper East Fork Interceptor System
title
Stover Creek Force Main; Project No. 501-0624-23; Resolution No. 25- 52; Right of Way Acquisition Program
end
SUBJECT
recommendation
Adopt Resolution No. 25-52 authorizing an amendment to an existing right of way acquisition program to provide additional funding in the amount of $24,700,000.
end
PURPOSE
Right of way acquisition for this project is being performed in phases. Phase 1 was partially funded in April 2024. The additional funding being requested is for the remainder of Phase 1 as well as Phases 2, 3, and 4.
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors:
1) Authorize the Executive Director to amend a previously executed right-of-way acquisition program for the Stover Creek Force Main, Project No. 501-0624-23, by providing additional funding of $24,700,000, resulting in a total budget of $32,700,000; and,
2) Adopt Resolution No. 24-52, “A Resolution Authorizing the Use of Eminent Domain to Acquire Right-of-Way for the Stover Creek Force Main, Project No. 501-0624-23, and Delegating Authority to Initiate Condemnation Proceedings to the NTMWD Executive Director.”
|
Consultant: |
N/A |
|
|
|
|
Scope: |
Right-of-Way acquisition and the necessary support services to facilitate the purchasing of easements for the project. |
|
|
|
|
Project: |
501-0624-23, Stover Creek Force Main |
|
|
|
|
Amount: |
$24,700,000 additional funding |
|
|
|
|
Committee: |
This will be an item on the October 22, 2025, Real Estate Committee Agenda |
DRIVER(S) FOR THIS PROJECT
|
Strategic Objective: |
1.2 - Successfully Deliver Capital Program |
|
☐ Regulatory Compliance |
☐ Asset Condition |
|
☒ Capacity |
☐ Redundancy/Resiliency |
|
☐ Relocation or External Requests |
☐ Operational Efficiency |
|
☐ Safety |
☐ Administrative |
|
☐ Policy |
☐ Other _____________ |
BACKGROUND
PROJECT PURPOSE
• Ad Memo 24-6017, April 2024, authorized funding in the amount of $2,331,606 for the right-of-way (ROW) support services to Lockwood, Andrews, and Newman, Inc. (LAN) as part of the Engineering Services Agreement.
• LAN is the consulting engineering firm for this project and is providing ROW acquisition services.
• Ad Memo 24-6028 and Resolution No. 24-16, May 2024, authorized a ROW acquisition program with funding in the amount of $8,000,000 for Phase 1 of the project.
• The Phase 1 budget amount allows for early easement acquisitions for the first force main bid package as well as cooperative property owners along the entire alignment.
• This funding request is budgeted for easement acquisition and legal services for all phases and bid packages.
• The general route along which these easements will be acquired 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.
FUNDING
Funding in the amount of $24,700,000 is to be made available utilizing the Upper East Fork Interceptor System Extendable Commercial Paper (ECP) Program as the appropriation source; issuance of ECP notes will occur as cash needs arise.