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| Resolution | NO. 102 |
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| | | | | | | | | A Resolution authorizing the City Manager to sign an Intergovernmental Contract with Emmett Charter Township to Extend City Water Supply Service to Certain Properties. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 3/15/2016 | | | |
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Resolved by the Commission of the City of Battle Creek:
The City of Battle Creek and Emmett Charter Township desire to enter into an Intergovernmental Agreement, as permitted by Public Act 35 of 1951. The City intends to construct certain improvements consisting of installation of a new water main bounded on the west by I-194/M-66, south by Columbia and on the north and east by the Kalamazoo River as an extension of the City’s municipal water service in the Spring/Summer of 2016, and Emmett Township desires that the water main and City water service be extended to those Affected Parcels as identified on Exhibit A to the Agreement, the improvements which are more particularly described in Exhibit C.
This agreement for the Emmett Township Improvements will benefit the public by making the City’s water main extension to Exhibit B parcels a part of a larger project with the City Improvements and is in furtherance of its continued cooperative efforts with Emmett Township, with a cost sharing formula as set forth in the attached agreement.
The City Manager is authorized to sign the attached Intergovernmental Agreement with Emmett Charter Township, and any other necessary documents to effectuate the intent of the Agreement.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on March 15, 2016.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
3/15/2016
Action Summary | | | |
| | | | | | | | | | Staff Member: | Jill Humphreys Steele, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Resolution authorizing the City Manager to sign an Intergovernmental Contract with Emmett Charter Township to Extend City Water Supply Service to Certain Properties.
| BUDGETARY CONSIDERATIONS
| | The portion of this construction project for parcels located in the City of Battle Creek is estimated to cost $94,000. The City would pay 25% of the cost to extend water across Columbia Avenue to the Emmett Township parcels, estimated to total $60,500. Emmett Township will reimburse the City for its cost to resurface the affected roads, as well as 75% of the cost to extend water across Columbia Avenue to the Emmett Township parcels. This will be paid from Account 591.23.5961.801.310. |
HISTORY, BACKGROUND and DISCUSSION
| | After the July, 2010 Enbridge Oil spill in Calhoun County, extensive water testing took place which identified high levels of arsenic present in the water for several properties located in the City of Battle Creek and in Emmett Charter Township which are serviced by wells and not by municipal water service. The Calhoun County Health Department has issued a deadline to the City that untreated well water will not be permitted to be used at the affected parcels revealing high levels of arsenic on that affected property located in the City of Battle Creek unless the City can assure the Health Department that City water service will be available within the next approximately two years. It is anticipated that this same warning will be issued to Emmett Township for the affected parcels and require that it likewise assure the Health Department that municipal water service will be available to the Emmett Township properties revealing high levels of arsenic within the next two years.
Twelve Emmett Township parcels revealed arsenic during Health Department water testing, all abutting South Shore Drive. Additional parcels that are not yet developed are also encompassed within this area. In total, there are fourteen Emmett Township locations, separated into twenty-two parcel numbers which are the subject of this Agreement, which revealed arsenic during Health Department water testing, and they all abut South Shore Drive. Those affected Emmett Township parcels are identified in the attached Exhibit A. There is one parcel which revealed elevated levels of arsenic in the water that is located in the City of Battle Creek, which is separated into two separate addresses and multiple parcel numbers as it includes multiple tenants, which is identified in the attached Exhibit B.
The Parties believe that since the City and Emmett Township have a shared governmental goal and City has the expertise, knowledge, and resources to design the project and act as the owner’s representative on this project, and bid out the construction of the project, that it is most beneficial for the City to undertake this project, with Emmett Township then compensating the City for costs and expenses as provided in the agreement.
This cooperative effort will allow the City to construct in a more direct route to extend municipal water service to the City Exhibit B properties, rather than having to pursue the more costly route of crossing M-66. The Parties believe that this approach will be cost-saving for both Emmett Township and the City, and Emmett Township will ensure it is mandatory that the Exhibit A Affected Parcels hook up to City water service, rather than each municipality individually undertaking the work as separate projects.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| | Staff at the Department of Public Works and City Engineers are in support of this Agreement. |
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