ADOPTED
-
Agenda Item
No. 34
Introduced by the Human Services and Finance
Committees of the:
INGHAM
RESOLUTION OF THE INGHAM COUNTY BOARD OF COMMISSIONERS
APPROVING SETTLEMENT OF A PENDING DISPUTE
RESOLUTION #04-221
WHEREAS, Section 320.4 of the Ingham County Sanitary Code
requires properties located within
320 feet of the municipal water to – upon making application for a well permit
– connect to an available water main carrying potable water from an approved
public or municipal water system; and
WHEREAS, the Lansing
Board Of Water And Light has extended a municipal water main into Alaiedon Township (the “Water
Line”) as part of a 425 Agreement to service, in primary part, Jackson National
Life Insurance Company; and
WHEREAS, unbeknownst to the Ingham County Health Department,
on or about September 14, 1998, the City of Lansing (“Lansing”), Jackson
National Life Insurance Company (“Jackson National”) and Alaiedon Township
entered into a development agreement (the “Agreement”).
iii. To the extent permitted by law, the City shall not enter into an agreement to
supply sanitary sewer and water service to property in Alaiedon Township in the
area depicted on Exhibit F unless that property is first subject to an
agreement for conditional transfer of property to the City pursuant to 1984 PA
425, under which for purposes of real and personal property
taxation and City income taxes (including any applicable exemptions from
taxation under Michigan tax laws), that property shall be considered as being
within the corporate limits and jurisdiction of the City for the remaining term
of the PA 425 Agreement...
(Agreement, page 22-23)(emphasis supplied).
WHEREAS, numerous existing structures within the area subject
to the 425 Agreement have applied for replacement well permits. The Ingham County Health Department has, in
the interest of public health and in compliance with Section 320.4 of the
Ingham County Sanitary Code -- denied such applications and required these
existent structures to connect to the Water Line; and
WHEREAS, Jackson National and the Township have taken the
position that the Agreement controls and that Sanitary Code Section 320.4 does not apply in that the requirement that
“owner of said property is or could be eligible to obtain a permit to connect
to the water main of the public or municipal water system” cannot be met unless
and until the requirement of the Agreement that the residents of these
structures become subject to the 425 Agreement; and
WHEREAS, in an effort to resolve this dispute, short of
litigation, the Parties have engaged in settlement discussions; and
WHEREAS, as a result of the settlement discussions, Jackson
National, the Township have agreed to a settlement, and upon information and
belief, the City of
1. For Structures In Existence As Of
January 29, 2004: Pursuant to Sanitary Code Section 320.4, the Ingham
County Health Department may require structures in Alaiedon Township which are
located within 320 feet of the Water Line to connect to the Water Line, and the
City of Lansing and Alaiedon Township agree to issue such permits or consent as
is necessary to permit such connection without transfer of property under 1984
PA 425.
2. For Structures Constructed After
January 29, 2004: The County shall consider an application for a private
water supply system for structures or
private water supplies constructed or applied for after January 29, 2004 located within 320 feet of the Water Line as
outside the ambit of Sanitary Code
Section 320.4, unless, pursuant to Sanitary Code Section 320.4, the owner of
said property is or could be eligible to obtain a permit to connect to the
Water Line in accordance with the terms of the Development Agreement dated
September 28, 1998 pursuant to which the Water Line was constructed.
The Parties also agree that in consideration of this
compromise, the Parties would agree not to initiate litigation against any
other Party regarding the issue addressed herein; and
WHEREAS, in an effort to resolve the action amicably the
Health Officer recommends this
settlement and the substitution of a new voluntary contractual
provisions set forth above; and
WHEREAS, Legal Counsel
for the County has negotiated, drafted and reviewed the terms of the Proposal
and has advised this Board that such Agreements do adequately effectuate the
settlement; and
WHEREAS, the
THEREFORE BE IT RESOLVED,
that the Ingham County Board of
Commissioners approves settlement under the terms and conditions recommended by
the Health Officer and Counsel under the express condition that each and every
party approves and executes the respective settlement.
BE IT FURTHER RESOLVED that the Chairperson of the County Board of
Commissioners and County Clerk are authorized, upon satisfaction of the
conditions set forth in this Resolution, to execute the Settlement Agreement
and Reciprocal Agreements on behalf of the County Board of Commissioners.
YEAS: Members ______________________________________________________
NAYS: Members ______________________________________________________________
RESOLUTION DECLARED ADOPTED.
__________________________________________
CLERK TO THE INGHAM
I,__________,
the duly acting Clerk to the Ingham County Board of Commissioners hereby
certify that the foregoing is a true and complete copy of a resolution adopted
by the Ingham County Board of Commissioners, at a regular meeting held on ____________, at which
meeting a quorum was present, and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the
Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the
minutes of said meeting were kept and will be or have been available as
required by said Act.
_________________________________
Clerk
to the
Board
of Commissioners
HUMAN SERVICES: Yeas: Hertel, Dedden, , Nevin
Nays Weatherwax-Grant
Absent: Schor, Severino Approved
7/19/04
FINANCE: Yeas: Lynch, Grebner, Dedden De Leon, Thomas
Nays: None Absent: Minter Approved
7/21/04