Title
Resolution of Necessity Re: 96-Inch Water Transmission Main Relocation Project (Parcel 8 Vacant Land, Rochester Hills, MI 48307, Tax ID No 70-15-13-477-002)
Body
Agenda of: August 23, 2023
Item No.: 2023-304
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E
Chief Executive Officer
Great Lakes Water Authority
DATE: August 10, 2023
RE: Resolution of Necessity Re: 96-Inch Water Transmission Main Relocation Project (Parcel 8 Vacant Land, Rochester Hills, MI 48307, Tax ID No 70-15-13-477-002)
MOTION
Upon recommendation of Suzanne R. Coffey, P.E., Chief Executive Officer (CEO) and Randal Brown, Deputy Chief Administrative and Compliance Officer/General Counsel, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA), adopts the attached Resolution of Necessity; and authorizes the CEO 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 124.281, 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 provide water supply services, it is necessary to relocate the 96-inch water transmission main. GLWA staff, with the support of consultants, have determined th...
Click here for full text