Opponents of ART file suit to halt construction

City: Delays will cost taxpayers $147K daily

Mayor Richard Berry’s administration says it’ll cost taxpayers $147,000 a day if construction of the Albuquerque Rapid Transit project is delayed by a court order.

That figure was offered Monday as city attorneys asked the U.S. 10th Circuit Court of Appeals in Denver to reject an emergency motion filed by opponents of the project.

Opponents want the court to order a halt to the ART construction, which began last week. They say the work triggered intense traffic congestion and that it was premature to start construction because the city doesn’t yet have federal approval for the final grant that would fund most of the project.

Crews, in any case, already are ripping out medians and carrying out other work to prepare Central Avenue for ART. The $119 million project would create a nine-mile corridor of busonly lanes and bus stations in the middle of the street, between Louisiana and Coors.

In a court filing Monday, the Federal Transit Administration acknowledged that it hasn’t made a final decision yet on whether to approve the final grant needed for the project. The FTA’s filing also acknowledges that it’s still considering a traffic analysis and other information submitted by opponents.

But none of that means the city can’t start construction, the FTA said.

The city, in turn, says it’s using its own money to fund construction for now, with the expectation

of reimbursement once the FTA grant is approved.

The Obama administration has recommended funding for the project and the city has a federal “Letter of No Prejudice” that allows the city to begin spending on construction.

But the city also bears the risk if the funding never comes through.

City executives remain confident. They say no project at a similar stage has ever failed to get the money.

As for delays, the city’s motion included an affidavit by Michael Riordan, Albuquerque’s chief operations officer, who estimated it would cost city taxpayers nearly $147,000 a day if work stops.

That’s because the city’s contract with Bradbury Stamm Construction gives the company 480 days — or 16 months — to complete its work and the city would have to pay the contractors to hold them on the job during a court-ordered delay, Riordan said.

Without delays, the work is expected to wrap up late next year.