Windsor Charter Township Board

Eaton County, Michigan

Resolution Transferring Unused REUs Back to the Township

RESOLUTION NO. 25-008

At a regular meeting of the Windsor Charter Township Board, Michigan, held in the Meeting Room, 300 W. Jefferson, Dimondale, Michigan, on September 23 , 2025 , at 7:00 p.m.

PRESENT: Shaw, Barnhart-Smith, Rumsey, Myers, Pray, Gardner and VanElls

ABSENT: None

Board Member Shaw moved to introduce the following resolution for review and subsequent final adoption, which motion was seconded by Board Member Rumsey :

WHEREAS, the Utility Agreement for Sanitary Sewer between the Village of Dimondale and Windsor Charter Township expanded the Wastewater Treatment Facility to serve persons and properties, and allocated capacity in the Dimondale Wastewater Collection and Treatment System in the amount of 210,000 gallons per day (“GPD”) to the Village and 290,000 GPD to the Township, for use in the Township areas, which were not previously served by the Village system;

WHEREAS, on September 13, 2004, the Village and the Township amended that Agreement to further expand the Wastewater Treatment Plant by 250,000 GPD and, in addition, the Township funded sanitary sewer construction by debt to be paid by special assessment levied against the properties subject to that amended Agreement;

WHEREAS, the Township and Village have recognized that Residential Equivalent Units (“REUs”) have been assigned to properties within the various sanitary sewer districts and that, from time to time, the property owners paying for said REUs wished to transfer a portion of those REUs to properties owned by others, both within and without the Districts;

WHEREAS, the Sewer Board recommended a formal mechanism to transfer unused REUs held by various members of the community and recommended a system of management, sales, transfers, and accountability of REUs throughout the existing nine (9) sewer districts;

WHEREAS, the Township and Village considered the Sewer Board’s recommendation for purposes of formally amending the Utility Agreement for Sanitary Sewer between the Village of Dimondale and Windsor Charter Township to create and implement a formal mechanism to transfer unused REUs;

WHEREAS, the Sewer Board’s recommendations were adopted by the Board by resolution and the Utility Agreement was further amended to allow property owners to transfer REUs from one property to another by paying the full portion of the special assessment attributable to each REU;

WHEREAS, certain transfers occurred in which REUs are now left to some residents but are unattached to the particular parcel from which the REUs were assessed or allocated, or otherwise remain as excess REUs on a particular parcel which no development will occur on that parcel;

WHEREAS, the Township also has certain funds in the special assessment districts pertaining to the sewer improvements which are not the result of an overcollection of more than 5% of the assessment roll, but rather interest earned on the assessments or unused bond proceeds;

WHEREAS, Act 188 of 1954, MCL 41.721 et seq. authorizes the Township to use interest earned under the Act to pay for various categories of expenditures, which the Township intends for this purchase to qualify and to use the excess funds from the special assessment districts to partially fund this purchase;

NOW, THEREFORE, BE IT RESOLVED by the Windsor Charter Township Board, Eaton County, Michigan, that the Utility Agreement for Sanitary Sewer will allow transfers of unused REUs unattached to a particular parcel back to the Township, as follows:

1) If it has been determined that REUs assessed/allocated to a particular parcel are deemed no longer attached to the property from which they were assessed/allocated, the owner of the unused REUs, at the discretion and approval of the Township, may sell back the unused REUs to the Township at a cost determined from the payment in full of the portion of the special assessment attributable to each such REU, so long as such transfer takes place by November 2028.

2) REUs may not be transferred to any other entity or individual directly by property owners.

3) REUs held by the Township that are not assigned to parcels and are available for use within the Village or Township may be transferred from one municipality to the other or to any other entity at the discretion and approval of the Township for terms determined at the time of transfer.

4) The Registry of Parcels Served by Sanitary Sewer will identify the REUs assigned to the Township and to all parcels within the sanitary sewer service districts defined in the Utility Agreement. Notice of changes of REUs will be provided to the Sewer Board by the Township accepting the change within 30 days of the REU transfer. Changes will automatically amend the Utility Agreement between the Village and the Township.

5) The Township will fund the purchase of such REUs with the funds retained in the fund for the special assessments for these improvements consistent with Act 188, and then upon the reduction of the fund account(s) to zero, will close such account and fund any remaining purchases from lawfully authorized fund accounts of the Township.

Yeas: Myers, Gardner, Barnhart-Smith, Shaw, Rumsey, Pray and VanElls

Nays: None

RESOLUTION DECLARED ADOPTED.