This document is intended to define various roles and responsibilities shared by Livingston Community Water Authority (LCWA) and its constituent townships, the Charter Township of Brighton, Green Oak Charter Township, and Hamburg Township all of Livingston County, Michigan (the Townships).
LCWA is an independent Authority formed under the laws of the State of Michigan. It is free to set its own rules as it owns and operates a water system within the Townships.
LCWA may only expand its water mains upon consent or request of a constituent township(s).
After a system expansion is complete, for those expansions that rely primarily upon LCWA as its water source, LCWA will accept that expansion as part of its own subject to LCWA rules, regulations and standards.
LCWA is to maintain its own finances in a lawful manner and shall not rely upon any of the Townships for subsidy or loans except as specifically authorized by the Townships.
Expansion of the LCWA System will generally be done by the Township(s) requesting an expansion of that service.
By having the Townships make such a request the planning and zoning practices of that Township(s) are preserved.
Water mains may encourage growth where they are installed. By having the Township(s) take the lead role in water system expansion system any impact by those water mains can be controlled by the requesting Township(s).
The design of any system expansion may be performed by any engineer licensed for that work and hired by the appropriate Township.
LCWA shall maintain construction standards and requirements and make those available to said engineer.
LCWA's engineer shall maintain the system hydraulic model and update it with respect to any system expansion. If any system expansion adversely affects the hydraulic model such that minimum standards can not be maintained after the expansion, LCWA retains the right of refusal of connection, by the expansion, until remedial actions can by taken to alleviate the undesirable attribute.
The Township proposing an extension shall be responsible for all costs to make that extension. It is anticipated PA 188 of 1954 "Special Assessments" shall be a primary source of Township funding for expansions.
The benefit derived by benefiting properties shall be one of availability of municipal water.
LCWA shall be responsible for any connections to any watermain expected to become part of the LCWA system. This includes the actual tap of the Township installed watermain, the lead and stop box at the property line, the lead to the building or residence being served and the meter including Appurtances as required by local building codes.
Upon completion of construction of these items the responsibility for repair and maintenance shall remain with LCWA for those items between watermain and stop box including the stop box.
For all other items from the stop box to the building or residence the responsibility for repair and or maintenance shall become the responsibility of the property owner. The meter shall remain the property of and responsibility of LCWA.
TAP IN FEES
LCWA shall set and maintain a schedule of tap-in fees.
The tap in fee shall be paid prior to any tap in being made to the LCWA system or system anticipated to become the property and responsibility of LCWA. The LCWA tap-in fee schedule shall be transmitted to the Townships.
The Townships may add to the LCWA tap in fee such sums that they alone may determine.
The Township's tap-in fee shall include the sum established by LCWA in the above referenced schedule.
The Township charges to be added to that fee may include such items as administrative costs, costs the Township has incurred in starting up the LCWA system, anticipated costs to complete the tap-in such as inspections and local permits, and any other costs the Township so determines to be appropriate charges for this service.
The Townships shall collect all Tap-In fees including the LCWA component. The LCWA component shall be transmitted to LCWA with necessary information about its intended location and data sheets supplied upon data sheets created by LCWA.
The LCWA schedule of fees shall be based upon revenue needed for system expansion of such items as Well Improvements, Treatment Plants, Water Towers, Pressure Booster Stations, Transmission Main Improvements and like items.
Tap In Fees may be collected and retained by the Townships until the number of REUs in a given Township meet or exceed the quantity set in Exhibit B dated 1-09-03 of the Water System Operating Agreement dated January 24, 2003.
Those REUs are repeated here for reference:
- Green Oak Charter Township:
- Charter Township of Brighton:
- Hamburg Township:
Total: 2415 REUs
Any REUs sold by a Township over and above the above stated numbers shall include the LCWA Tap In Fee.
That LCWA Tap In fee is to be used to increase system capacity as described above.
- Updated 10/01/2008