ADOPTED - JULY 27, 2004

Agenda Item No. 34

Introduced by the Human Services and Finance Committees of the:

 

INGHAM COUNTY BOARD OF COMMISSIONERS

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”).  Ingham County is not a party to the Agreement.  The Agreement provides, in relevant part that:

 

            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 Lansing and the BWL are amenable to a compromise, which provides:

 

                        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 County Board of Commissioners is amenable to settlement of this matter under the terms and conditions set forth in the above.

 

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 COUNTY BOARD OF COMMISSIONERS

           

 

            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 Ingham County

                                                                                                            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