Title
Resolution of Necessity Re: Triple Barrel Baby Creek Enclosure Sewer
Body
Agenda of: January 26, 2022
Item No.: 2022-028
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: January 20, 2022
RE: Resolution of Necessity Re: Triple Barrel Baby Creek Enclosure Sewer
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 served 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.
In order to maintain the Triple Barrel Baby Creek Enclosure Sewer, it is necessary to construct additional structures to provide access to the sewer. GLWA staff, with the support of consultants, have determined that GLWA needs to acquire certain privately held parcels to construct the additional structures to provide access to the sewer. A Resolution of Necessity is now necessary to assemble the land necessary for this...
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