Before the City may replace an existing sanitary sewer main that crosses the Billings Bench Water Association (BBWA) canal at the north end of the alley between North 23rd and North 24th Streets, it must execute an encroachment permit for the BBWA. The BBWA plans to operate the canal until October 15 and will not allow the canal to be crossed until after it is shut-down following the irrigation season.  City staff desires that this encroachment permit be executed prior to October 15 so that the Contractor can cross the canal with the new sewer as soon as allowable.

If the City is unable to execute the encroachment permit, it will be unable to legally cross the BBWA canal with a new public sewer main.  Without this public utility in place, the City cannot complete a critical portion of work in Schedule 1 of the WO 10-01 Water and Sanitary Sewer Replacement Projects.  The subject sewer main requiring replacement serves all residences above the BBWA canal in that geographical area, including lower and upper Mountain View Boulevard.

Since the City has a previous easement across the canal at this location, the only financial impact will be a $42 recording fee.

Staff recommends that Council approve and the Mayor execute the BBWA canal crossing encroachment permit.