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Council authorizes letter pushing Suburban Lock Haven Water Authority to relocate Sylvan Drive line; contractor agrees to extend Sunset Pines phase 2 bid

May 02, 2023 | Lock Haven, Clinton County, Pennsylvania


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Council authorizes letter pushing Suburban Lock Haven Water Authority to relocate Sylvan Drive line; contractor agrees to extend Sunset Pines phase 2 bid
Lock Haven City Council on May 1 authorized city staff to send a solicitor-prepared letter to Suburban Lock Haven Water Authority directing the authority to relocate a water line that affects 33 and 35 Sylvan Drive at Suburban's expense and to complete the relocation prior to June 30, 2023.

A city staff presentation described months of discussion with the water authority and said the letter (prepared with the city's solicitor) cites the law the authority must follow when occupying city right-of-way. The authorization was moved, seconded and approved in a recorded vote.

During the meeting a letter from Suburban's outside counsel was read into the record arguing that the line was in place before the street was dedicated to the city and that Suburban cannot be compelled to relocate the line. The letter also stated the city historically waived permit fees (since February 2018) and described conditions under which Suburban would agree to move the line — notably that the city would install the base coat and make specified repairs — a condition the letter said the city has rejected. City staff said the matter is a legal dispute and that the solicitor will review and respond via counsel.

On a related construction item, council reconsidered the February bid for Sunset Pines phase 2 and was told that the lowest bidder, HRI of State College, agreed to extend a bid price of $240,310 for the phase-two improvements. Council moved and approved the reconsideration.

Quotes read into the record included statements from Suburban's counsel: "It is my understanding that the city has demanded that Suburban relocate its water line on Sylvan Drive ... because the line was in place prior to the streets dedication to the city, Suburban cannot be compelled to relocate." City staff and the solicitor said they would review the letter and continue negotiations through counsel.

Next steps: the city's solicitor and Suburban's counsel will continue legal discussions; staff will monitor project progress and report back to council.

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