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File #: 2021-447    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/15/2021 In control: Board of Directors Workshop Meeting
On agenda: 11/18/2021 Final action: 11/18/2021
Title: Resolution of Necessity Re: Access Shaft and Pump Station Near Ashland and Fox Creek Interceptors
Sponsors: Randal Brown
Indexes: General Counsel
Title
Resolution of Necessity Re: Access Shaft and Pump Station Near Ashland and Fox Creek Interceptors

Body
Agenda of: November 18, 2021
Item No.: 2021-447
Amount: N/A

TO: The Honorable
Board of Directors
Great Lakes Water Authority

FROM: Suzanne R. Coffey, P.E.
Interim Chief Executive Officer
Great Lakes Water Authority

DATE: November 15, 2021

RE: Resolution of Necessity Re: Access Shaft and Pump Station Near Ashland and Fox Creek Interceptors

MOTION

Upon recommendation of Randal Brown, General Counsel, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA), adopts the attached Resolution of Necessity; and authorizes the Interim Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote.

BACKGROUND

GLWA is a public body incorporated as a regional water and sewer authority pursuant to the provisions of Michigan 1955 PA 233, as amended. MCL 124.28l, et seq. Pursuant to its incorporating statute and Article 4 of its Articles of Incorporation; "The Authority may acquire property by purchase, construction, lease, grant, gift, devise, or condemnation..." (emphasis added) A necessary prerequisite for filing a condemnation action, also referred to as an eminent domain action or a taking, a public body must adopt a Resolution of Necessity reflecting the public purpose to be serve and authorizing the use of condemnation as a means to acquire property necessary to serve that purpose. If a condemnation action is filed, property owners receive fair value for their property interest condemned to serve the public need.

To provide the ability to safely and reliably isolate the Freud Pump Station wet well, and pump dry weather sanitary sewage to the Water Resource Recovery Facility (WRRF), GLWA needs to construct an access shaft and sanitary pump station east of the Freud Sewage Pumping Station and realign the roadway around these structures. Working with Arcadis, GLWA's consu...

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