ADOPTED - MARCH 26, 2002

Agenda Item No. 7

Introduced by the Administrative Services/Personnel Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION AUTHORIZING AND REQUESTING THE DRAIN COMMISSIONER TO PETITION FOR A MODIFICATION OF THE LAKE LEVEL ORDER GOVERNING LAKE LANSING

RESOLUTION #02-88

WHEREAS, the Ingham County Circuit Court set the level of Lake Lansing pursuant to the Inland Lake Levels Act in 1975; and

WHEREAS, the 1975 Order set 3 different levels to begin on three different dates of the year; and

WHEREAS, the Lake Lansing Property Owners Association and the Advisory Board of the Lake Lansing Special Assessment District have expressed interest in eliminating the intermediate level, which requires lowering of the lake on June 1 of each year, and in moving the start of the winter level from December 1 to November 15; and

WHEREAS, the law allows the Board of Commissioners to petition the Court to modify the lake levels, or to delegate its authority to the Drain Commissioner; and

WHEREAS, the Drain Commissioner has advised the Board of Commissioners that he is familiar with the issues involved and has been administering the current Order for many years; and

WHEREAS, the Drain Commissioner supports the request of the Property Owners Association, and is willing to accept a delegation of responsibility to petition for and to administer modification of the lake levels.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners delegates to the Drain Commissioner, using the County Attorney, the power to petition the Court to modify the 1975 Order setting permanent lake levels for Lake Lansing and to administer any resulting changes in the Order in like manner as he has been administering the current Order.

BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners respectfully requests that the Drain Commissioner promptly act to use the power so delegated.

ADMINISTRATIVE SERVICES/PERSONNEL: Yeas: Swope, De Leon, Celentino, Severino

Nays: None Absent: Lynch Approved 3/19/02