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Memo re Alternative Proposal for Sale of Water Transmission Main

In follow-up to our meeting this morning, attached is my memorandum regarding this matter. If you have any further questions, please let me know. Peter M Bade Chief Legal Officer City of Flint p 810 766 7146 f 8102322114 xxxEND_PAGE:treasury01_b20_2634_2931_260 DEPARTMENT OF LAW MEMORANDUM TO: ‘Wayne Workman Randall Byrne Fred Headen cc: Darnell Earley FROM: Peter M. Bade yw RE: Altemative Proposal for Sale of Water Transmission Main DATE: May 28, 2014 On May 12, 2014, Emergency Manager Darnell Earley presented to the Flint City Council a proposal for sale of a portion of the 72 inch water transmission main to the Genesee County Drain Commissioner. A special meeting of the Flint City Council was held on Monday, May 19, 2014 to discuss the proposal. Pursuant to MCL 141.1559(2), Council adopted a resolution rejecting the proposal. A second special meeting was scheduled on Wednesday, May 21, 2014 for the purpose of discussing an alternative proposal. At the May 21* meeting, Council members acknowledged they did not have an alternative proposal. However, pursuant to a motion by Councilman Sheldon Neeley, a resolution was adopted recommending the water main sale price be increased to $4 million dollars, with equal payments over two years. Pursuant to MCL 141.1559(2), Council had seven (7) days from the date of their rejection of the proposed action to submit to the local emergency financial assistant loan board an alternative proposal that would yield substantially the same financial result as the action proposed by the xxxEND_PAGE:treasury01_b20_2634_2931_261 Emergency Manager. Accordingly, the deadline for submission of Council’s alternative proposal was Tuesday, May 27, 2014. Council did not submit an alternative proposal to the local emergency financial assistant loan board. S:\P. MM to DEarley re Water Transmission Main 5-28-14.docx xxxEND_PAGE:treasury01_b20_2634_2931_262 Byrne, Randall (T Treasury)

Asset Sale Proceeds

Good Afternoon Randy: As discussed. Please contact me with any questions. Darnell Earley, ICMA-CM, MPA Emergency Manager Flint, MI xxxEND_PAGE:treasury01_b20_2634_2931_155 CITY OF FLINT OFFICE OF THE EMERGFNCY MANAGER Darnell Earley, ICMA-CM. MPA Emergency Manager TO: MEMORANDUM Randall Byrne, State Administrative Manager FROM: Darnell Earley, Emergency Manager RE: Date: cc: Proceeds From the Sale of the City of Flint Water Main May 28, 2014 Gerald Ambrose, Daugherty Johnson, Howard Croft, Peter Bade During our regular meeting this morning you mentioned that there was an inquiry regarding the possible use of a portion of the $3.9 million proceeds that the City of Flint will receive from Genesee County, to supplement the cost for maintaining sworn positions in the Flint Police Department. As you know, in order to produce a balanced biennial budget as required by PA 436, my proposed budget eliminates 36 sworn officer positions for fiscal years 2014/15 and 2015/16. I have discussed this matter with staff, and as a practical matter will not be recommending the use of these proceeds for any purpose other than reinvestment into the City’s water system for the following reasons: 1. 3. The pipeline is clearly part of the infrastructure of the water and sewer system, paid for with water and sewer fees. Thus, the proceeds should in normal circumstances be returned to the water and sewer system. In addition, the current state of the water and sewer infrastructure clearly demonstrates that significant reinvestment in that infrastructure is needed, in the amount of approximately $15 million annually. The recent analysis by the Raftelis Group substantiates this need, as does the number of repairs necessary to the infrastructure this past winter, and the demonstrated increase in the amount of unbilled water. By focusing the proceeds on the systems water loss issues such as metering and infrastructure, the City stands to receive a quick return on the reinvestment through the capture of lost revenue. The City of Flint Water Reliability Study commissioned in 2013 projects that increased accuracy in metering and reducing the number of main breaks through infrastructure repairs could result in recovering as much as $3 million City of Flint « 1101 S. Saginaw Street « Flint, Michigan 48502 wwew.cityofllint.com * (810) 766-7346 « Fax: (810) 766-7218 xxxEND_PAGE:treasury01_b20_2634_2931_156 annually to the Water and Sewer Fund. This is an initiative that we are pursuing in hopes of further stabilizing water and sewer rates. 4. Also, the decision to move to KWA, as well as the opportunity to discontinue the purchase of water from DWSD, required an immediate and unplanned $6 million - $8 million upgrade to the Water Treatment Plant in this fiscal year. Doing so, while financially beneficial to the system over the next few years, required postponing other needed capital improvements. The sale of the pipeline offsets the unexpected cost by half. 5. Finally, the use of one-time proceeds for ongoing operational purposes, whether for the water and sewer system, or for non- utility purposes (such as police), only works for one year. Use of one-time proceeds is not a sustainable revenue source, and does not address the long term funding needs for police. While these factors in and of themselves present a compelling argument to place the proceeds in the Water Fund to reduce the cost of expanding the Water Treatment Plant and to meet the our new supply and distribution obligations going forward, just as important is the outcome of the data-driven, comprehensive public safety study currently underway. The study will be used to design a public safety model for police and fire services into the future. This will put the City in a better position to identify long-term solutions rather than short-term, as the suggestion for the use of these funds for public safety services would indicate, based upon the factors stated above. Should you have any questions or would like to discuss this matter in greater detail, please don’t hesitate to contact me. Due Egy. xxxEND_PAGE:treasury01_b20_2634_2931_157 Teal Thon 0) Wa pit wer ONO _ 1 SemloKahLy uf 0 Deeg City of Flint Weekly 9:00 am Phone Conference Agenda “~~ < OG " RAN Kant! Cees. ; ’ ¥ 1) Michigan State Police — checklist, comments, concerns_ a 2X O44 ms? \ Sans, Trem ena / 2) Chief Tolbert’s Update — Stats, initiatives, other ( BBY bho hooks, 2. pT ek ee ae V 3) Fire Department Issues (if any) suf the ; 4) Rich Baird — Gov. Office comments = Nur Wwoal § Wien on site. yaa A. Mas € JFL at lise Pesun sow / 7) Budget Update: FY 13 — Audit, FY14 —current status, FY15 - plan f 5) B. Clement — comments, questions . z a (sure oF STeTE TMLON Fae MAY TS 7 °| “— Model Labor Contracts — status Ts foOay Wi PRan, Und —— as / 8) KWA, Water Piant Preparation, Water/Sewer Rate Study (Kata . mer) Wart To DiBrrhn~ r~ SuVsin- ar. “{ Owvso 7) 9) City Ordinance Review . Fao TH Deficit Elimination Plan ~ Treasury ‘ ast os BEL Yl 11) Master Plan Implementation Activity - Zoning Ordinance Revision (roe Fy) vax OskKKuasd ) / 12) Status Report on the Flint City Council \oh 19 [vg erred nda, ! ° } / Fal I HE Bag ee SN 14) 9-1-1 Reconsolidation Plan | ° + tn Geo Garg, ow A /'15) BS&A Upgrade — om AS ogi / 16) Strong Cities, Strong Community Update s2coteR to “rue ere oP ATi J 17) 45 Day Financial and Operating Plan ~ submitted 11/21/13 Brora cnn, “fe u | an Jv 18) MEDC — Transportation Economic Development Fund - Application/Waiver a : iy f 13) Governance Revision —~, “——~ 19) Other Created on 01/14/14 ~ Crum Praga be pbk Come DA, (mand nent) Le Wd roe © com A Soe [13 [of xxxEND_PAGE:treasury01_b20_2634_2931_158 eye BBY S37] gsi! y ara cf, BBR IGG 6 BSO3 Kore a 46 week City of Flint Weekly 9:00 am Phone Conference Agenda ~ Warne een § wie CON Sune ‘ + ne . : AND OY oe tT J 1) Michigan State Police — checklist, comments, concerns (Knee) ™ AmoLOSE JT (1%) 7» /2) Chief Tolbert’s Update — Stats, initiatives, other Betecds & al ponte 3, * 3) Fire Department Issues (ifany) Saree grag Wout” Kanw ~ RAF Gee iiensters az, TONE a. ¥ 4) Rich Baird — Gov. Office comments (woP ee) cemol, Orns 7, TOR beseadian STATS Ref Fou Clonine, "Ewe an ctnsorey ys — , geram37 J 5) B. Clement — comments, questions iF, Washo po LAs | J ; hy fi Qe oP ype PEKeUL , OAN 6) Retiree Law Suit Status + pla ™> od s<b £ ser Sart § guclow NSiPRS) Swe J 7) Budget Update: FY 13 — Audit, FY 14 — current status, FY 15 - plan \ ™ mu wOAY ut Model Labor Contracts— status 9 \<~* >> «ed ef will <Sacur ce Nee Se , 8) KWA, Water Plant Preparation, Water/Sewer Rate Study _ .,. ty nAeer NS FARLY (ARWEN ™ > ™ 9) City Ordinance Review ong) BAiao, Ric % ™ Rowins, Waevey 10) Deficit Elimination Plan — Treasury ~ LAMUN Bing! “S 11) Master Plan Implementation Activity - Zoning Ordinance Revision ™ 12) Status Report on the Flint City Council 13) Governance Revision aA _ feu [ut 7, ish. 28 pe ® sho connolher “—~ 14) 9-1-1 Reconsolidation Plan “tur ee crAL AA proud 2) @ Peamnml) “™~ 15) BS&A Upgrade oak, —~ 16) Strong Cities, Strong Community Update NSD seat 1 ok, wun ~~~ 17) 45 Day Financial and Operating Plan — submitted 11/21/13 , ““~ 18) MEDC — Transportation Economic Development Fund - Application/Waiver 19) Other Created on 01/7/14 mtn Wee us. | Tl SPATE Wipe REWU7S Mem SYSTEr~ xxxEND_PAGE:treasury01_b20_2634_2931_159 Wy frofia City of Flint Weekly 10am Phone Conference Agenda 1) Budget Update lob f and a . FY 13 ~ Audit lagen ek fon (ign 8 7 We peti FY 14- current sta a our ! FY 15 —plan i 2 PUAN My ae ok, se tac, 2) Model Labor ary pe status: (rr van, FRA w lf Le rey 3) KWA, Water Plant tr eR eo ‘aio om tv 4) ty we “Dod Revie view ity Or e Re New nurnrgre our ane oe ~ apes aS _ Ne sion re 5) Deficit Elimination Plan — an ~ Treasury» VOunpent *6) Master Plan tradtementetion nat ae Wi ~tn FY 12, Zoning Grainance Revision 7) Retiree Law shi Status NM, P enters 5 om, Lae wrenensrinr No Néws - No PNricP A ene hes DEAD BY coum RIALIAL. 8) Public Safety Activity = GOD VANS; 9) Status Report on the Flint City Council ewe BAe We, wilh or du (em) for esa coupgert hong Coptnr 10) Governance Revision /) phe IANOMTRY Sr, Pe Rand COM TEL oe I} md 1 Reconsolidation Plan 12) use Upgrade — Cro aan pred 13) Other STyorn, Cot, Stn, guetta an 7) () (oom, Cad” Home ea (Sencty Created on 11/12/2013 oe Ge = Dorn kh bry Mara) raw ao fa (13, Brabalr 14) US Quy Ut 4 Ces. Po a thu geet iv ) Cree. . bd 2a) } Sie, Soars aD (see 1 MPEP Que. peed 'S) ra are Apyrt-® we 2M MIG Hey Be whe | “e eon hag , oltenc & SH ome a xxxEND_PAGE:treasury01_b20_2634_2931_160 STATE OF MICHIGAN CONTRACT NO. 271N3200089 CITY OF FLINT WATER SUPPLY ASSESSMENT February 2013 For Submittal to: State of Michigan, Department of Treasury Submitted by: ww | TUCKER, YOUNG, UG JACKSON, TULL INC. CONSULTING ENGINEERS-PLANNERS 816 Griswold Suite 600 in 48228 {313)863-0812 FAX (313)863-2168 xxxEND_PAGE:treasury01_b20_2634_2931_161 Table of Contents Table Of CORTENES cnn i Fight! OS a ii Tables... li [1ds010 [6 (mio) rere rrerrrrrr rere ererrenrTree Terrrererer creer eerenerrrir ee Terre vTrTeeerr reer 1 Report Organization... 1 Z. Flint Water Supply Options 2 Karegnondi Water Authority (KWA) Lake Huron Water Supply «0.0.0.0... 2 DWSD Water Syste im 3 3. Data: Collection 6 4. CoSt OF DWSD Water Supply . KWA Water Supply... FIRE WIP 11 5. (Capital Requirement 12 KWA'SUPDIY guy ipseeekerasiaesaea axon nea tenn ENE iEE NENTS 12 Lake Intake vonassasunsnstaa vans 12 POIPVIPIINE SEQUINS sssssssa ccs cap AAR SAON NAGI WATAAGEAAUA wiih N AAA 13 TRANSMISSION Ma ith scan aateaiainasuaiemaeeas ieee 13 Other KWA Costs Flin WTP. Improvements 15 DWSD. Imlay Station Supply: Options. 15 FINANCING nnn a5 Gs FINS ent AR ARIE RBA RUN IIS i7 Fe \OUNGY CONSID ST ALIGNS spanaSes iaasieaseeauanienaONses 19 Redundancy/Reliability 19 Additional Cost 20 FELINE 5 AGQONOINY 20 xxxEND_PAGE:treasury01_b20_2634_2931_162 Figures Figure 2-1: KWA Raw Water System 5 Figure 2-2: DWSD Water SYStemm sneveseunaee® 4 Figure 6-1: Flint Water Supply Options through 2042 ...... Tables Table 2-1: DWSD Supply Options ...... Table 4-1: Cost of DWSD Supply Options eensenteess 8 Table 4-2: Recent DWSD Water Rate 9 Table 4-3: O&M Inflation Rates of Other Large Water Systems 10 Table 4-4: O&M Inflation Rates of Other Comparable Systems to KWA 11 Table 4-5: FY 13 O&M Costs for Year-round Operations Table 5-1: KWA Intake Cost Estimate 12 Table 5-2: Pumping Stations Cost Estimate .... Table 5-3: Transmission Pipeline Cost Estimate ee 14 Table, Sa4> Other Costs coussscoascepey stil tustusact acon asbcgnbsseneus ana 14 Table 5-5: Total Cost Comparison 15 Table 6-1: Total Cost of Options through 2042 17 Appendices Appendices A — Meeting Minutes Appendix B — Cost Worksheets xxxEND_PAGE:treasury01_b20_2634_2931_163 1. INTRODUCTION Tucker, Young, Jackson, Tull, Inc. (TYJT), at the request of the State Treasurer performed an analysis of the water supply options being considered by the City of Flint. The City of Flint is presently supplied potable water from the Detroit Water and Sewerage Department (DWSD). This supply is from a single 72-inch water main that terminates at a master meter located at Potter and Baxter. Additionally, downstream of the DWSD master meter, Flint supplies its customer Genesee County. The City of Flint also operates a water treatment plant that uses the Flint River as its source of supply to provide back up and redundancy to the DWSD supply as required by MDEQ The Karegnondi Water Authority (KWA) is planning on constructing a raw water supply system that could provide Lake Huron water to the Flint Water Treatment Plant. Flint’s existing plant would be upgraded to treat the new raw water source. The State Treasurer has appointed an emergency financial manager for the City of Flint. As such the Treasurer has requested TYIJT to provide an analysis of the water supply options to assist the Treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint. Report Organization The following sections of this report are described below: Section 2 — The basis of the analysis is described in this section. The options include the KWA option and several options offered by DWSD. Section 3 — A significant amount of information and data was collected including memorandums, reports, drawings, financial reports, and other documents. This section summarizes the information used in the analysis. Section 4 — This section describes the evaluation of the cost of supply for the Flint options. The costs are comprised of the initial cost of operations plus the annual rate of escalation/inflation. Section 5 — The evaluation process used to analyze the construction costs associated with the KWA supply system is described in this section. Additionally, the cost of financing the capital requirements is described. Section 6 — This section presents the financial review of the options considered to supply potable water to Flint. A summary of these options is also provided. Section 7 — In addition to the financial analysis other considerations were identified that should be considered in understanding the risks and determining the best option to supply Flint. They include items related to cost, redundancy and reliability, and Flint’s ability to control their future cost of water supply. xxxEND_PAGE:treasury01_b20_2634_2931_164 2. FLINT WATER SUPPLY OPTIONS Two water purveyor options were evaluated; the KWA water supply system and continued supply from DWSD. Both suppliers would provide water from Lake Huron as the source. The KWA system is a raw water supply, which means that the water would have to be treated by Flint before distributing the potable water to its customers. The DWSD supply is potable or “finished” water and would not need additional treatment. Additionally, an option for the Flint WTP to supply the City of Flint without being supplied from either DWSD or KWA was initially considered. The preliminary investigation evaluated the cost associated with the required improvements to the plant and to the Flint River dam system. Although it appeared that this was a viable option, Flint in a meeting on December 20, 2012 with the Treasury, stated that the City did not want to pursue the option and it is no longer being considered. Karegnondi Water Authority (KWA) Lake Huron Water Supply The KWA water supply system schematic is shown in Figure 2-1. The system is comprised of an intake in Lake Huron that supplies water to the Lake Huron Pump Station (LHPS). The LHPS lifts the water and pumps it through an approximately 22 mile long 60-inch pipeline. The pipeline terminates at a 5 MG reservoir and is then pumped from the Intermediate Pump Station (IPS) through approximately 26 miles of 60-inch and 18 miles of 30-inch pipeline to the existing Flint WTP. Downstream of the IPS, approximately half way to the Flint WTP, the 60-inch line would also supply a new Genesee County WTP. The raw water transmission system has a 60 MGD capacity and is sized to deliver a maximum of 18 MGD to the Flint WTP with an average day supply of 12 MGD. Improvements at the Flint WTP would also be required to treat the lake water as the plant is currently designed to treat the Flint River water. The term of the KWA contract for Flint is 40 years. xxxEND_PAGE:treasury01_b20_2634_2931_165 KAREGNONDI WATER AUTHORITY LAKE HURON WATER SUPPLY ROUTE SCHEMATIC Figure 2-1: KWA Raw Water System DWSD Water System The DWSD system schematic is shown in Figure 2-2. Flint is currently supplied by DWSD at Master Meter FL-1, located at Potter and Baxter. Flint typically gets its water from the Lake Huron WTP, located in Fort Gratiot, Michigan; near the Lake Huron shoreline. Water is treated and pumped at the Lake Huron WTP and supplied through a 120-inch pipeline to an intermediate pump station called the Imlay Pump Station. The Imlay Pump Station has 20 MG of reservoir capacity. Depending on the time of year and the DWSD system demand, water is either bypassed directly to Flint or it is re-pumped at Imlay. It should be noted that the DWSD supply to Flint is part of a very large water system and during emergencies or outages water can be supplied from the south up to Flint in lieu of the Lake Huron facility. xxxEND_PAGE:treasury01_b20_2634_2931_166 og Aon c see Lore ae Figure 2-2: DWSD Water System The pipeline from Imlay to FL-1 is a 72-inch pipeline. It has been estimated that the 72-inch line serving Flint has a capacity in excess of 90 MGD. DWSD has presented several contractual options to Flint and all of them are based on Flint signing a new 30 year contract. The options shown in Table 2-1 are based on two different supply points; one at the current master meter location FL-1 at Potter and Baxter (P&B) and the other at the location of the Imlay Pump Station. The reason for the varying options is to provide a lower water rate at the Imlay Station, since the DWSD rate formula is based on distance and elevation factors related to the supply location. The rates are also dependent on the maximum amount of water DWSD supplies. As example, if DWSD supplies a maximum day demand of 18 MGD that would equal the entire amount of water required by Flint. For the options less than the maximum of 18 MGD means that the Flint WTP would supplement the difference by supplying water treated from the Flint River. These options are known as “blending” and would allow for Flint to blend two sources of water to supply its customers; the Flint River using the Flint WTP and Lake Huron from DWSD system. xxxEND_PAGE:treasury01_b20_2634_2931_167 gDesc i |. Average Day Demand 3 18 MGD Maximum Day Customer—FL-1 12MGD 12 MGD Maximum Day Customer~FL-i 8MGD 8 MGD Maximum Day Customer — FL-1 8 MGD 12 MGD Maximum Day Customer -Imlay 12MGD 8 MGD Maximum Day Customer- Imlay 12 MGD Table 2-1: DWSD Supply Options xxxEND_PAGE:treasury01_b20_2634_2931_168 3. DATA COLLECTION During the course of the investigation several documents were used to perform the analysis. The names of the documents are listed below for reference. KWA and Flint = Preliminary Engineering Report, Lake Huron Water Supply Karegnondi Water Authority, September 2009; = Analysis of the Flint River as a Permanent Water Supply for the City of Flint, July 2011; = Cost Comparison, KWA vs. DWSD, Letter to Mr. Kurtz, October 31, 2012; = Lake Huron Supply Study, KWA, Appendix 20, October 2012 Preliminary Report Update, Final Report (DRAFT), October 4, 2012; = Articles of Incorporation of Karegnondi Water Authority, endorsed in 2010; = Karegnondi Water Authority Bylaws, October 26, 2010; ™ KWA Raw Water Supply Contract; = Flint WTP Statement of Revenues and Expenditures 09’ — 12’; ® GCDC Division of Water and Waste Services Financial Statements 03’ — 11’; and Assorted emails with further clarification of questions and documentation. \=] WSD Historical Rates and Charges to Flint 04’ - 13’; = Historical Rates and Charges to Flint with Hypothetical Model Contract 10’ — 13’; = 2013 Rates and Charges for the following options: a 18 MGD Maximum Day Customer at FL-1; 12 MGD Maximum Day Customer at FL-1 (Flint blending*); 5 8 MGD Maximum Day Customer at FL-1 (Flint blending*); 5 12 MGD Maximum Day Customer at Imlay (Flint blending”); 5 8 MGD Maximum Day Customer at Imlay (Flint blending*); and ® Assorted emails with further clarification of questions and documentation. xxxEND_PAGE:treasury01_b20_2634_2931_169 * Flint blending based on DWSD supplying two-thirds and Flint one-third of 12 MGD average day demand. Two meetings were also held; one with DWSD and one with Flint and Genesee County representing KWA. The meetings were held on November 19, 2012 and November 20, 2012, respectively. Minutes

Re: DEQ Consent Order - Flint WTP

All: I spoke with Mr. Craig at the DEQ and he was working on the current version of the Consent Order when I called. Mr. Craig indicated that the order is intended to temporarily reopen the lime disposal area so the WTP upgrades can go forward. In the future the area would be evaluated for clean-up or capping (or other measures after an environmental assessment occurs). Mr. Craig stated that he hopes to send his comments back to the City’s attorney at Werner, Norcross & Judd either tomorrow or Monday. I requested periodic updates on the status of this project but if anyone wishes any follow-up, please let me know. Eric Cline | Unit Operations Specialist - Office of Fiscal Responsibility State of Michigan | Michigan Department of Treasury 430 W. Allegan Street, 3rd Floor | Lansing, MI 48922 (517) 335-2078 | clinerl @michigan.gov CONFIDENTIALITY NOTICE: This e-mail, and any attachments, is for the sole use of the intended recipient(s) and may contain information that is confidential and protected from disclosure under the law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, and delete/destroy all copies of the original message and attachments Thank you. xxxEND_PAGE:treasury01_b19_2589_2633_07 CITY OF FLINT OFFICE OF THE EMERGENCY MANAGER Darnell Earley, 1CMA-CM, MPA Emergency Manager ELECTRONIC COMMUNICATION March 7, 2014 Ms. Sue McCormick Detroit Water and Sewer Department Detroit, Michigan RE: DWSD Water Rates Dear Ms. McCormick: Thank you for the correspondence dated February 12, 2014 which provides Flint with the option of continuing to purchase water from DWSD following the termination of the current contract as of April 17, 2014. Following DWSD’s April 17, 2013 notice of termination of the water service contract between the City of Flint and DWSD, the City of Flint has actively pursued using the Flint River as a temporary water source while the KWA pipeline is being constructed. We expect that the Flint Water Treatment Plant will be fully operational and capable of treating Flint River water prior to the date of termination. In that case, there will be no need for Flint to continue purchasing water to serve its residents and businesses after April 17, 2014. We are aware that Genesee County has been in negotiations with DWSD to purchase water from DWSD following the termination of our contract, and we understand that an agreement may be imminent. Should that occur, there would be no further need for the City to discuss with DWSD any continuing purchase of water. Should that not occur, however, we would be interested, if Genesee County were to so request, to purchase water from DWDS for some period of time. In such an event, our demand for water would be only for the amount necessary to provide Genesee County with water. That amount would be approximately half of the amount Flint is currently purchasing from DWSD. City of Flint ¢ 1101 S. Saginaw Street + Flint, Michigan 48502 www.cityofilint.com ¢ (810) 766-7346 « Fax: (810) 766-7218 xxxEND_PAGE:treasury01_b19_2589_2633_08 Ms. Sue McCormick March 7, 2014 Page 2 However, in the very unlikely event that the City of Flint is not able to draw water from the Flint River no later than April 17, 2014, then the City would like the option of continuing to purchase water from DWSD for a period of time, up to the time water is available from KWA. Consequently, I am requesting that you clarify your proposal for the City of Flint to continue purchasing water from DWSD under the following scenarios: e Flint, upon the request of Genesee County, purchases water for sale to Genesee County for up to 3 years, beginning April 17, 2014, in an amount approximately 50% of the volume currently purchased by the City; « Flint purchases water from DWSD in approximately the same volume as currently, for up to 3 years, beginning April 17,2014, with the ability to reduce that volume by up to 50% during that period, upon 30 days notice to DWSD e Flint purchases water from DWSD in approximately the same volume as curtently, for up to 3 years, beginning April 17, 2014, with the ability to reduce that volume by up to 50% during that period, upon 30 days notice to DWSD, and further, to terminate the reduced volume purchase should Genesee County and DWSD reach an agreement whereby Genesee County directly purchases water m DWSD. Thank you and please contact me if you have any questions. I look forward to your response. Sincerely, Darnell Earley, ICMA-CM, MPA. f Emergency Manager City of Flint xxxEND_PAGE:treasury01_b19_2589_2633_09 Koryzno, Edward (T reasury)