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Brentwood City Commission Agenda

Meeting Date:	05/11/2020
Resolution 2020-43 - Approval of Amendment to Agreement with Mallory Valley Utility District for Time Extension
Submitted by:	Chris Milton, Water & Sewer
Department:	Water & Sewer

Information

Subject

Resolution 2020-43 - Approval of Amendment to Agreement with Mallory Valley Utility District for Time Extension

Background

Mallory Valley is requesting to amend the previously approved agreement for an utility easement and to clarify the boundaries of previously installed water utilities at the City’s Primm Park as summarized below. The requested amendment alters the time limit established in the Agreement from April 1, 2020 to July 1, 2020. The additional time is being requested “due to unforeseen complications with other projects and the disruption of the COVID-19 pandemic."

When approved last year, the following background information was provided:

As you know, various sections of the City of Brentwood have water service provided by independent utility districts, including Mallory Valley Utility District (MVUD) in the Moore’s Lane area and Nolensville/College Grove Utility District (N/CGUD) in east Brentwood. In 2009, in an effort to secure an additional source of water, N/CGUD entered into an agreement with MVUD for the wholesale purchase of water. The point of connection between the two systems was proposed and constructed along Moore’s Lane within the City’s Primm Park, just east of the entrance to the Nashville Golf & Athletic Club. The project required the two utilities to acquire a permanent easement from the City of Brentwood at this location, which was granted.

The Mallory Valley Utility District recently approached the City requesting an additional easement to accommodate an expansion of the existing metering station and related facilities. The expanded metering station includes construction of a larger meter vault adjacent to the existing meter vault, miscellaneous piping and electrical panel and controls (see attached site map). Some clearing of trees and brush around the area is required, similar to what was cleared during the 2009 construction of the original metering site. Also, this work is outside of the stream mitigation area established by the City in 2016.

MVUD has submitted preliminary plans and a draft easement document for review by City staff and in the course of that review, we noted that some of the MVUD facilities installed during the 2009 project, specifically a section of underground water line, appeared to be located outside of the easement boundary granted by the City at that time. Staff discussed this issue with MVUD staff and their engineer and it was determined that the exact location of the underground facilities couldn’t be determined immediately and so therefore MVUD has asked the City if the identification and subsequent correction of easement description can be finalized during construction once the area is excavated. This will allow for a field location of the existing water line segment and allow appropriate changes to be made in a new easement agreement.

Accordingly, MVUD has drafted the enclosed pre-construction agreement, which if approved by the Board, grants MVUD the requested easements to accommodate the construction associated with their proposed improvements project (allows them to move ahead with the work). With the understanding that during the course of the work, MVUD shall identify any underground facilities that may be located outside of existing easement and make corrections to a final easement agreement, which would be approved by this Board prior to completion of construction or April 1, 2020. Staff has reviewed the agreement and is recommending approval. The final easement agreement for this use will be brought before the Board prior to April 1, 2020. Attached for your reference is a site map showing MVUD’s proposed facilities. Should you have any questions, please contact Chris Milton, Water Services Director.

Staff Recommendation

Staff recommends approval of the three month time extension to finalize the easement description.

Previous Commission Action

Resolution 2019-90: Approving Agreement with Mallory Valley for Utility Easement associated with metering pit at Primm Park.

Fiscal Impact

Amount :	0
Source of Funds:
Account Number:

Fiscal Impact:

There is no fiscal impact to the City.

Attachments
Resolution 2020-43
Amendment to Agreement
Access Agreement
Location Map
Signed Resolution & Amendment