Clinton council accepts $10,012 easement to keep sewer relocation on schedule

The Clinton City Council on a 5–1 vote approved a $10,012 settlement with the Dawson Trust to secure a 202-foot easement required to move an exposed sewer line out of the river channel and allow contractor work to begin.

The decision followed an extended presentation from Water and Sewer Chief Will Henchie, who told the council that Clinton’s overall water loss is about 27% and that the exposed sewer line in the creek must be moved to protect service: “water loss for Clinton was 27%,” he said, adding that some sub-systems showed much higher loss after meter reads were corrected. He described the Dawsons’ offer as reimbursement for costs they said they incurred investigating the issue and said the waterboard recommended accepting the settlement because it is the cheapest practical way for the utility to proceed.

The city attorney gave a legal briefing on eminent domain, warning that condemnation is costly and carries litigation risk, including potential jury awards that could increase the city’s liability and attorney fees. The attorney noted the cost of using a specialized right-of-way appraiser—“it’s a $4,800 retainer for for this appraisal company. It’s a non-refundable retainer”—and recommended securing an appraisal if the council opted to pursue condemnation instead of settlement.

Several councilors expressed concern about perceived precedent and the per-foot price implied by the Dawson offer; one councilor asked for an itemized receipt of the Dawson’s claimed expenses before payment. Still, the majority concluded the settlement avoided delay and extra litigation cost. The motion to accept the offer passed with Williams, Ward, Hastings and Barnes voting yes and Pistol voting no.

Henchie also reported that the waterboard accepted low bids on several capital projects and will forward letters of recommendation to the Arkansas Natural Resources Commission (ANRC) for final approval before award. He listed the low bids as: tank rehabilitation (Viking Painting) at $1,148,200; a meter replacement project at $1,155,492.94 (Midsouth Meter Group); and a B Branch water-line replacement at $848,793. A raw-intake pump-rehab bid was also accepted but the transcribed figure was unclear; staff said the projects will not begin until ANRC closes financing and the city issues a notice to proceed.

The council’s action removes a principal barrier to starting the sewer relocation work this summer, but staff cautioned that some project steps remain conditional on ANRC and contractor scheduling. The council directed staff to document damage protections and contractor responsibilities in the easement and construction agreements before release of payment.

The council also approved, earlier in the meeting, giving the waterboard authority to pursue an appraisal or negotiation as needed and to follow up with contractual protections for the city and property owner.