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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 12, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Recommendations for the Various Boards and Committees. CITY CLERK
C. Response Agreement-Department of Veteran Affairs Police. PUBLIC
SAFETY
D. Project Safe Neighborhood Sub-award Agreement. PUBLIC SAFETY
E. Traffic Department Materials and Services 2008. PUBLIC WORKS
F. Utility Boxes. PUBLIC WORKS
G. Budgeted Vehicle Replacement. PUBLIC WORKS
H. Purchase of 226 Catherine. COMMUNITY & NEIGHBORHOOD SERVICES
I. Selection of Contractors for Fair Housing Analysis. COMMUNITY &
NEIGHBORHOOD SERVICES
J. Request for Encroachment Agreement for 379 W. Western Avenue.
ENGINEERING
• PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Knollwood Court. Beach
Street to End. ENGINEERING
B. Create Special Assessment District for Roblane Avenue. Quarterline
Road to Marlane Street. ENGINEERING
C. Create Special Assessment District for Dale Avenue, Sanford Street to
Peck Street. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
A. Amendment to the Zoning Ordinance - WM, Waterfront Marine Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
(Tabled from January 22, 2008)
• NEW BUSINESS:
A. Sale of Property to the County of Muskegon. CITY MANAGER
B. Muskegon Events Committee. PLANNING & ECONOMIC DEVELOPMENT
C. Addition to 2008 Street Construction Plan - Beidler Street. CITY
MANAGER
D. Municipal Service Agreement with Lac Vieux Desert Band of Lake
Superior Chippewa Indians. CITY MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form aftached to the agenda or localed in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed lO minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, C!TY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLlNG (231) 724-6705 OR TDD:
(231) 724-4172.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 12, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 12,
2008.
Mayor Warmington opened the meeting with a prayer from George Monroe
from the Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierenga, Steve Wisneski, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Clara Shepherd (arrived at 5:35 p.m.)
2008-15 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, January 22 nd -
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
8. Recommendations for the Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee regarding appointments.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Community Relations Committee
recommended approval at their February 4th meeting.
C. Response Agreement-Department of Veteran Affairs Police. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a cooperative agreement with the United States Department of
Veteran Affairs Police. This agreement, known as a "threshold agreement",
coordinates public safety response to Veterans Affairs offices within the City,
specifically: 165 East Apple Avenue, Suite 201. There are no costs associated
with this agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
D. Project Safe Neighborhood Sub-award Agreement. PUBLIC SAFETY
SUMMARY OF REQUEST: The United States Department of Justice, Office of
Justice Programs, has awarded the Muskegon Police Department a $30,000
grant under the auspices of Project Safe Neighborhoods (PSN). PSN is a
nationwide, anti-gun initiative. We have been a member of the PSN Federal
Taskforce since its inception. The award money will be utilized to purchase
equipment and technology that will aid us in the forensic processing of guns.
The award is being administered by Grand Valley State University, who serves as
the Primary Awardee. The Director of Public Safety is asking that you authorize
him to sign the appropriate grant award documents.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
E. Traffic Department Materials and Services 2008. PUBLIC WORKS
SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission
for the joint purchase of various Traffic Department materials and services. We
have bid out these items with MCRC for the past eighteen years. By bidding
together with MCRC and other municipalities we are able to get better unit
prices because of larger quantity purchases.
FINANCIAL IMPACT:
Sign materials and services to be jointly bid:
Sign blanks - $1,400 approx.
Sign posts - $1,800 approx.
Sign sheeting - $2,000 approx.
Ready Made Signs - $2,000 approx.
Centerline painting - $17,000 approx.
Total - $24,200 ($24,800 in 2007)
BUDGET ACTION REQUIRED: None, this item is requested each year in the
appropriate Highway budgets.
STAFF RECOMMENDATION: Approve the continued joint purchasing with the
Muskegon County Road Commission for sign materials and services.
F. Utility Boxes. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two truck utility boxes.
FINANCIAL IMPACT: Total Cost $8,850.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of two utility boxes from
Hoekstra Truck Equipment.
G. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three 2008 Chevrolet Impalas
from Berger Chevrolet.
FINANCIAL IMPACT: $45,648.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three Chevrolet Impalas
from Berger Chevrolet.
H. Purchase of 226 Catherine. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property at 226
Catherine from the Muskegon County Land Bank for the price of $600. The
parcel at 226 Catherine (City of Muskegon Revised Plat of 1903 W ½ Loi 7 Block
252) is currently owned by the Muskegon County Land Bank through the tax-
reversion process.
After the Community and Neighborhood Services Department legally obtains
the property at 226 Catherine, the parcel will be combined with the parcel at
218 Catherine, where the department recently completed a rehabilitation
project. A garage will now be built on the 226 Catherine site to accompany the
house at 218 Catherine. This will continue the City's aggressive neighborhood
revitalization efforts.
FINANCIAL IMPACT: The $600 cost will come from the HOME funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the purchase from the Muskegon
County Land Bank.
I. Selection of Contractors for Fair Housing Analysis. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve a contract with the Fair Housing Center of
Southeastern Michigan for the production of a housing impediment study for
Muskegon County, with special emphasis on the entitlement communities of
Muskegon, Muskegon Heights and the City of Norton Shores. The total cost of
the study is $29,000.
Since the aforementioned entitlement cities receive Community Development
Block Grant funds from the US Department of Housing and Urban Development,
all of the communities are required to produce an impediment study every two
to three years. Due to the significant cost of having the impediment study
completed, it has been agreed on by the three entitlement communities to
share the cost of the study. In addition, the entitlement communities have also
requested assistance from Muskegon County and several local banks.
At this time, the City of Muskegon's contribution will be between $7,500 and
$10,000. It is hoped the cost can be decreased as more players are added to
the contribution list.
FINANCIAL IMPACT: The final cost will be deducted from CDBG Administration
Funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the CNS office to enter into a joint
contract with the two other entitlement communities and the Fair Housing
Center of Southeastern Michigan of Ann Arbor.
J. Request for Encroachment Agreement for 379 W. Western Avenue.
ENGINEERING
SUMMARY OF REQUEST: Sidock Systems, LLC has submitted an encroachment
agreement form requesting your permission to install a glass canopy 30' long
and 7' 6" deep which will extend approximately 3' 6" into the Western Avenue
public right-of-way.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement to install
the canopy.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2008-16 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Knollwood Court, Beach
Street to End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Knollwood Court from Beach Street to end and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $21,508.76 would be spread against the 13
parcels abutting the project. The amount being spread is roughly $1 O per foot
below what the owners were expecting at the time of the creation of the
district.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the spreading of the special assessment roll for
Knollwood Ct. from Beach Street to the end.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Create Special Assessment District for Roblane Avenue, Quarterline
Road to Marlane Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Roblane Avenue, Quarterline Road to Marlane Street project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
Public Hearing and create the special assessment district for Roblane Avenue,
Quarterline Road to Marlane Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Wierengo and Commissioner
Carter to the Board of Assessors.
C. Create Special Assessment District for Dale Avenue, Sanford Street to
Peck Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Dale Avenue, Sanford Street to Peck Street project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and create the special assessment district for Dale Avenue,
Sanford Street to Peck Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Spataro and Vice Mayor Gawron
to the Board of Assessors.
2008-17 UNFINISHED BUSINESS:
A. Amendment to the Zoning Ordinance - WM, Waterfront Marine Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
(Tabled from January 22, 2008)
SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow an additional
special land use.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow an additional special land use in the WM, Waterfront Marine
zoning district.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January 10 th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the amendment to the zoning ordinance.
Motion by Commissioner Wierengo, second by Commissioner Spataro to table
the amendment to the Zoning Ordinance Waterfront Marine Districts, Special
Land Uses Permitted and refer it back to staff.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION TO TABLE PASSES
2008-18 NEW BUSINESS:
A. Sale of Property to the County of Muskegon. CITY MANAGER
SUMMARY OF REQUEST: To approve the sale of property to the County of
Muskegon for the construction of mental health facilities.
FINANCIAL IMPACT: The sale is for $1.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale and authorize the Mayor to
execute the Purchase Agreement and Quit Claim deed.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the sale of property to the County of Muskegon.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, and
Shepherd
Nays: None
Abstain: Spataro
MOTION PASSES
B. Muskegon Events Committee. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A group of City Staff and representatives from Walker
Arena and the Convention & Visitors Bureau (CVB), have been meeting to plan
events for Muskegon. The goal of the Committee is to provide residents of the
area with events to attend and participate in, and to bring visitors to the area to
enjoy Muskegon's natural resources, entertainment, dining, accommodations
and shopping opportunities. Generating major events in the City will also create
better usage of our City facilities (e.g., Walker Arena, beaches, parks). At this
time, the Events Committee requests that the City Commission formally
recognize the group as a Committee. This will assist in public relations, marketing
and fundraising efforts.
FINANCIAL IMPACT: None at this time. However, with major events being
generated in our community, the City will gain financially from visitors to the
area through revenues at the various venues offered (e.g. restaurants, hotels,
entertainment facilities).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To formally recognize the Muskegon Events
Committee. Members currently consist of : Jill Foreman (CVB), Tony Lisman
(Walker Arena), Ann Becker, Cathy Brubaker-Clarke, Lowell Kirksey, Bob Kuhn,
Bryon Mazade, Tim Paul, Doug Sayles, and Bernadette Young. Additional
members may be added, depending on the events being
developed/coordinated.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to recognize
the Muskegon Events Committee as proposed.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. Addition to 2008 Street Construction Plan - Beidler Street. CITY
MANAGER
SUMMARY OF REQUEST: To approve amending the 2008 street construction plan
to add Beidler Street between Laketon and Southern A venues. Funds have
become available to do this project because Harbortowne Circle and Vincent
Drive were dropped for the 2008 construction season.
FINANCIAL IMPACT: Approximately $575,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the addition of Beidler Street to the 2008 street construction plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Municipal Service Agreement with Lac Vieux Desert Band of Lake
Superior Chippewa Indians. CITY MANAGER
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Municipal Service Agreement with Lac Vieux Desert Band of Lake Superior
Chippewa Indians.
ROLL VOTE: Ayes: Wisneski, Carter, Shepherd, Spataro, and Warmington
Nays: Gawron and Wierenga
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.
Respectfully submitted,
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Ann Marie Becker, MMC
City Clerk
Date: February 12, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, January 22 nd .
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
Date: February 12, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Recommendations for the Various Boards and
Committees
SUMMARY OF REQUEST: To concur with the recommendations from the Community
Relations Committee regarding appointments.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Community Relations Committee recommended
approval at their February 4 th meeting.
CITY OF MUSKEGON
COMMUNITY RELATIONS COMMITTEE
APPOINTMENTS TO COMMITTEES/BOARDS
February 4, 2008
Board of Review
Jack Rottman - citizen
Lawrence DeVoogd - citizen
Luther Dease - citizen
Citizen's Police Review Board
Doris Rucks - citizen at-large (declined position)
William O'Shanghnessy- neighborhood association representative
Construction Code Board of Appeals
John Smith - plumbing
Steven Lague - fire
Robert Lowder - electrical
Downtown Development Authority
Michael Kleaveland - interest in property in district
Ron Larson - citizen (aJ2P.lication has been received)
Election Commission
Louis Spyke - citizen
Equal Opportunity Committee
Orlando Riley - citizen
Kristy Weberg - citizen
Brenda Loyd - citizen
Historic District Commission
Sue Thompson - citizen
Susan Kroes - reside or have occupational or financial interest in historic district
Housing Code Board of Appeals
Jonathan Rolewicz - citizen
Nick Kroes - citizen
Income Tax Board of Review
John Page - resident
Steve Warmington, Jr. - resident (application has been received)
Leisure Services Board
John Strach, Jr. - citizen at-large
Chris Jensen - citizen at-large
Loan Fund Advisory Committee
Cassandra Foster - member from area financial institution
Planning Commission
Byron Turnquist - citizen
Blanche Smith - citizen
John Aslakson - citizen
Public Relations Committee
Larry Halverson - marketing and/or public relations background
Zoning Board of Appeals
Ernest Fordham - resident
Steven Brock - resident
City Commission Meeting
Tuesday February 12, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: February 1, 2008
SUBJECT: Response Agreement-Department of Veteran Affairs Police
Summary of Request:
The Director of Public Safety is requesting approval to enter into a cooperative
agreement with the United States Department of Veteran Affairs Police. This agreement,
known as a "threshold agreement", coordinates public safety response to Veterans Affairs
offices within the city, specifically: 165 East Apple Avenue, Suite 201. There are no
costs associated with this agreement.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
DEPARTMENT OF VETERANS AFFAIRS
Police Department
5500 Armstrong Road
Battle Creek, MI 49037
In Reply Refer To: 515/07
01/25/2008
Chief Anthony Kleibecker
Muskegon Public Safety
980 Jefferson St
Muskegon, Michigan 49443
Chief Kleibecker:
The Department of Veterans Affairs Policy requires each VA Chief of Police to establish liaison/threshold
agreements with appropriate Federal, State and local law enforcement agencies. It also requires us to maintain a
cmTent support agreement on file. With that in mind, I'd like first to give you a briefbackground of the VA Police,
and then explain the nature of our requests.
Our mission is to protect Federal property and provide law enforcement and security to patients, visitors, vendors,
contractors, employees and others who work at or use this facility. Our jurisdiction is limited to Federal property
but includes a 206-acre Medical Center with 54 buildings and also a 750-acre National Cemetery, of which only a
small portion is developed.
The Department of Veterans Affairs Police are granted police authority to charge and arrest for violations of Federal
law and regulations by Section 1.218 of Title 38, Code of Federal Regulations, United States Code. Under Section
13 ofTitle 18 United States Code, The Assimilative Crimes Act, violations of State law become Federal offenses,
which may also be enforced by Veterans Affairs Police.
I believe we have an excellent working relationship with the Muskegon Department of Public Safety and appreciate
your continued support and assistance.
I'd like to address areas where your assistance is requested:
1. In the event that police response to the Clinic located at 165 E. Apple Ave. Suite 201 is needed, that your
agency responds.
2. An annual physical security inspections will be completed on a yearly bases by VA Police and copies will
be provided to your office if requested. Annual hazard vuleralbility assessments are also completed and will also be
provided.
I'd like to take this opportunity to thank you for your continued support and for considering our requests. If there is
a need for further discussion, I can be reached at (269) 223-6786. If there is no need for further discussion, please
sign this document indicating your acknowledgement and concurrence with its content and return it to me. An
envelope has been provided for your convenience.
Concur
Anthony L. Kleibecker
Chief, Veterans Affairs Police Chief- Muskegon Dept of Public Safety
City Commission Meeting
Tuesday February 12, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DA TE: January 28, 2008
SUBJECT: Project Safe Neighborhood Sub-award Agreement
Summary of Request:
The United States Department of Justice, Office of Justice Programs, has awarded the
Muskegon Police Department a $30,000 grant under the auspices of Project Safe
Neighborhoods (PSN). PSN is a nationwide, anti-gun initiative. We have been a
member of the PSN Federal Taskforce since its inception. The award money will be
utilized to purchase equipment and technology that will aid us in the forensic processing
of guns.
The award is being administered by Grand Valley State University, who serves as the
Primary Awardee. The Director of Public Safety is asking that you authorize him to sign
the appropriate grant award documents.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
PSN Subaward Aareement
Prime Awardee Subawardee
Institution/Organization ("University'') Institution/Organization (''Subawardee")
Name: Grand Valley State University Name: Muskegon Police Department
Address: 237-C Devos Center, 401 Fulton st., Address: 980 Jefferson Street
Muskegon, Ml 49440
Grand Rapids, Ml 49504
Prime Award No. 2007-PG-BX-0009 Subaward No. MPD101
2007-GP-CX-0020
Awarding Agency: U.S. Department of Justice, Office of Justice Programs
Subaward Period of Performance: 01/01/08 thru 08/31/10 Amount Funded this Action: $30,000
Project Title: Project Safe Neighborhoods
Reoortino Reauirements: [Check here if aoolicable: X See Attachments 2 and 3]
Terms and Conditions
1) University hereby awards a cost reimbursable subaward, as described above, to Subawardee. The 'Statement of Work
and Budget' for this subaward are as shown in Attachment 5. In its performance of subaward work, Subawardee shall be
an independent entity and not an employee or agent of the University.
2) Universily shall reimburse Subawardee not more often than monthly for allowabte costs. All invoices shall be submitted
using Subawardee's standard invoice, but at a minimum shall include current and cumulative costs (including cost
sharing), subaward number, and certification as lo truth and accuracy of invoice (e.g. 'Time Certification Reports' when
salary reimbursement has been budgeted - Attachment 6). Invoices that do not reference University's subaward number
shall be returned to Subawardee. Invoices and questions concerning invoice receipt or payments should be directed to
the appropriate party's Administrative Contact, as shown in Attachment 4.
3) Subawardee shall comply with 'Program Conditions' as stated in Attachments 2 (e.g. reporting information) and 3
(Task~Timeline) prior to reimbursement by University. Should program conditions not be completed to the satisfaction of
the University, the Subawardee's reimbursement will be withheld until such obligations have been fulfilled.
4) A final statement of cumulative costs incurred, including cost sharing, marked "FINAL," must be submitted to
University's Financial Contact NOT LATER THAN sixty {60) days after subaward end date {as noted in the 'Subaward
Period of Performance' indicated above). The final statement of costs shall constitute Subawardee's final financial report.
5) All payments shall be considered provisional and subject to adjustment within the total estimated cost in the event such
adjustment is necessary as a result of an adverse audit finding against the Subawardee.
6) Matters concerning the technical performance of this subaward should be directed to the appropriate party's Project
Director, as shown in Attachment 4. Technical reports are required as shown above, "Reporting Requirements."
7) Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this
subaward agreement should be directed to the appropriate party's Administrative Contact, as shown in Attachment 4. Any
such changes made to this subaward agreement require the wrltten approval of each party's Authorized Official, as shown
in Attachment 4.
8) University Project Dlrector (or representatives for the Administrative Contact), as shown in Attachment 4, will be
granted access and assisted by Subawardee in conducting periodic programmatic and financial monitoring to include
performance of on-site visits.
9) Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees,
officers, or directors, to the extent allowed by law. The University will not be held liable for illegal activity on the part of the
Subawardee.
10) Either party may terminate this agreement with thirty days written notice to the appropriate party's Administrative
Contact, as shown in Attachment 4. University shall pay Subawardee for termination costs as allowable under 0MB
Circular A-21, J.49.
11) No-cost extensions require the approval of the University and Office of Justice Programs. Any requests for a no-cost
extension should be addressed to and received by the Administrative Contact, as shown in Attachment 4, not less than
thirty days prior to the desired effective date of the requested change.
12) The subaward is subject to the terms and conditions of the Prime Award and other special terms and conditions, as
identified in Attachments 2 and 3.
13) By signing below Subawardee makes the 'Certifications and Assurances' shown in Attachments 1 and 2 -
'Certification and Assurances' and 'Program Conditions'. Subawardee also assures that it will comply with applicable
statutory and regulatory requirements specified in Appendix B of the FOP Operating Procedures found at:
htto://www.nsf.aov/home/orants/grants fdp.hlm.
Agreed by Authorized Official of University Agreed by Authorized Official of the Subawardee
Name Date Name Date
Title Title
3. Describe the goals and objectives of the project.
While we have experienced a number of successful PSN prosecutions, we realize that we
must be prepared to do everything that we can to strengthen our investigative capabilities
in prosecuting gun crime. Due to the fiscal climate in our state during the last several
years, our technological processing capabilities have suffered, Therefore, the goal of
our proposal is to obtain up-to-date technology which would aid in the investigation
of gun crime. We are also prepared to share staff time and this technology to assist
other police agencies within Muskegon County.
Specifically we would be seeking to purchase the following items:
A. Krimesite Imager or "RIVIS" used for detection of fingerprints and DNA
on non-porous items such as guns, vehicles, etc. The image not normally
seen by the naked eye can be photographed using the RIVIS and then
lifted. The photo alone can be used for fingerprint identification, and the
print can also be swabbed for possible DNA
b. Cannon E500 flash for the newly acquired Cannon D-5 which will aid in
processing of fingerprint evidence.
c. CyanoSafe for cyanoacrylate fuming. This is a self contained unit for
processing non-porous items such as guns.
d. Forensic Work Station Air Clean 3000. This is used for the processing of
evidence from ninhydrin to chemical testing to fingerprint powder while
protecting the operator.
e. Associated training for the Krimesite Imager.
4. Identify the gaps in services and how additional funding will be coordinated with
other programs or related funding. Additionally describe existing or proposed
partnerships that will assist you in meeting goals.
As this is an equipment purchase the City of Muskegon will be responsible for the
maintenance and upkeep of the equipment. Such finding would come from other fiscal
sources including the city's general fund. We are prepared to share staff time and this
technology to assist other police agencies within Muskegon County.
PERSONNEL AND FRINGE BENEFITS NARRATIVE:
CONTRACTUAL SERVICES
MATCHING FUNDS
CONTRACTUAL SERVICES: GRANTOR CASH IN-KIND TOTAL
(Itemize- Do NOT include
professional fees for
doctors, psycholo~ists, etc.)
TOTAL CONTRACTUAL $0
SERVICES:
CONTRACTUAL SERVICES NARRATIVE:
TRAVEL
TRAVEL: GRANTOR CASH IN-KIND TOTAL
(Itemize-include mileage,
airline cost, lodging, per
diem, parking car rental)
Lodging/Chicago 5days x 2
people x 2 trips
Per Diem $46/day x 5 days x
2 people x 2 trips
Milea~e
Registration
TOTAL TRAVEL: $0
TRAVEL AND TRAINING NARRATIVE:
EQUIPMENT
MATCHING FUNDS
EQUIPMENT ($1,000 or more per Unit): GRANTOR CASH IN-KIND TOTAL
(Itemize- DO NOT USE BRAND NAME.
Also, DO NOT include leased or rented
items
ITEM QUANTITY
Krimesite lmager or 1 $19,445 $19,445
"RIVIS"
Cannon E500 flash 1 $600
CvanoSafe (9,250) 1 $4,655 $4,595 $4,655
Forensic Work Station Air 1 $5,900 $5,900
Clean 3000
TOTAL EQUIPMENT: $30,000
Agenda Item No. _ _ __
City Commission Meeting ________
Date: February 12, 2008
To: Honorable Mayor and City Commission
From: Department of Public Works
Re: Traffic Department Materials and Services 2008
SUMMARY OF REQUEST:
Contract with the Muskegon County Road Commission for the joint purchase of various
Traffic Department materials and services. We have bid out these items with MCRC for the
past eighteen years. By bidding together with MCRC and other municipalities we are able to
get better unit prices because of larger quantity purchases.
FINANCIAL IMPACT:
Sign materials and services to be jointly bid:
Sign blanks ............................................... $1,400.00 approx.
Sign posts ................................................ $1,800.00 approx.
Sign sheeting ............................................. $2,000.00 approx.
Ready Made Signs ..................................... $2,000.00 approx.
Centerline painting .................................... $17,000.00 approx.
Total $24,200 ($24,800 in 2007)
BUDGET ACTION REQUIRED:
None, this item is requested each year in the appropriate Highway budgets.
STAFF RECOMMENDATION:
Approve the continued joint purchasing with the Muskegon County Road Commission for
sign materials and services.
City of Muskegon
Traffic Department
Memo
To: Bob Kuhn
From : Dan Gomez
Cc: Doug Sayles
Date: 01-22-08
Re : Sign Materials & Services: Annual Contract
Again this year we are requesting permission to bid jointly for our sign materials and services with the
Muskegon County Road Commission as we have done the last eighteen years. They are getting ready to go out
for bids on the following items and thus we do not have any actual quotes for 2008.
For sign blanks:
2004 2005 2006 2007
sign blanks $1.56/sq. ft. $1.85/sq. ft. $2.20/sq.ft. 2.30/sq. ft.
For sign posts:
2004 2005 2006 2007
2# x11 'posts $9.24/ea. $10.10/ea. $10.42/ea. 12.65/ea.
3# x12'posts $15.12/ea. $16.53/ea. $17.05/ea. 20.52/ea.
For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by MCRC,
they like us, use 3M sheeting exclusively, however we recently purchased our 3M roller, as did MCRC, and no
longer have to buy a minimum order to keep the roller they originally gave to us to maintain the warranty on
their sheeting. other competitive sources are also bided out.
Finished Signs: Most screened finished signs were purchased through competitive venders, but MCRC
started to purchase these signs in the bid system several years for a considerable savings. We have purchased
most signs this way the last five years and will continue to do so when purchasing in quantities.
Centerline painting: In 1997 M&M Pavement Marking, Inc. was awarded the bid and has been awarded the
contract every year since at the same unit prices until 2004 when a 6% increase incurred to cover rising fuel
and material costs. These cost increased again in 2006 as much as 27%. MCRC went out for bids and as
anticipated there were substantial increases in the three bids received but remained with M&M as they were the
low bidder. Some years are also affected by our own engineering projects where some centerline painting is
contracted to a different painter when the road project is finished.
2004 2005 2006 2007
$10,006 (M&M) $11,666 (M&M) $14,719 (M&M) $15,382.51
Date: 02/11/08
To: Honorable Mayor and City Commission
From: DPW
RE: Utility Boxes
SUMMARY OF REQUEST: Approval to purchase 2 truck utility boxes.
FINANCIAL IMPACT: Total Cost $8,850.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of two utility boxes from
Hoekstra Truck Equipment.
Memorandum
To: Honorable Mayor and Commissioners
From: DPW
Date: 02/11/08
Re: Utility Boxes
The Equipment Division has ordered two replacement trucks that are going to be
used as construction and plow trucks in the Parks Department. The Parks
Department has requested that these trucks be equipped with utility boxes for tools
and parts storage. This is the standard set-up for our construction I plow trucks and
was budgeted for. When we ordered the trucks, we opted to delete the standard
boxes, which saved us over $1200.00.
We currently have boxes from the top manufactures and after comparing cost
and quality we decided on the Reading. Hoekstra Truck Equipment is the area sales
representatives for Rawson-Koenig.
In accordance with established purchasing policy, we are requesting pe1mission to
purchase two utility boxes from Hoekstra Truck Equipment.
1
Utility Body February 5, 2008
2
Hoekstra Allied Truck Truck & Trailer
---- - -----
Type of Purchase 280 36th St. 5125 Clay_ Rd. 6726 Hanna Rd
------~
Grand Rapids Mi. Grand Rapids Mi. Dutton Mi.
- ---····-···--
•
2 Utility__Boxes $8,850.00 $10,016.00 $10,864.00
- - - - -------------
--- . -- ----------------- - ---- - -------- -------
------------ --- --
,..,,, ___
--------- --- --- ,. _____ ,, ______
---------------- ---
----------, ---
--------------------
---- - --------
Date: 02/12/08
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase three 2008 Chevrolet
Impalas from Berger Chevrolet.
FINANCIAL IMPACT: $45,648.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of three Chevrolet Impalas
from Berger Chevrolet.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 02/12/08
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of the Three 2000 sedans
for 2008. One of these vehicles will be going to the Detective Bureau the other two
will be used as administrative vehicles.
I have requested prices from area dealers as well as the statewide purchasing
contract. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting permission to
purchase three Chevrolet Impalas from Berger Chevrolet.
1
-
Equipment Purchase - 2008
- - --------- - -- ------ - - ------- ----
.. ----- ------
------
Berger Chevrolet Sparta Chevrolet Don Rypma --
2525 28th S.E 8955 Sparta Ave 8130 Whitehall Rd.
---------- - --- - - -- ---- . - --- . ----· --------
Type of Vehicle Grand Rapids.Mi 49512 Sparta,Mi494345 -----Whitehall.Mi 49461 ---···. ----
'
----- -------- - - - - ----------- ------- ------- ----· ···-·-
3 Chevrolet_lmpalas - - _ _ ... _$15,228.00 $16,800.00 $16,910.28
----···· ------ - - - ---····--
------
i
-----
--------
Total .... $45,684.00 $50,400.00 ----- ---
$50,730.84 _,,_
--~---- - -- ---- ----------- ------ -
!
Community and Neighborhood Services
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443
Memo
To: Honorable Mayor Warmington and City Commission
From: Wil Griffin, Director
Community and Neighborhood Services
Date: February 5, 2008
Re: COMMISSION MEETING DATE: FEBRUARY 12, 2008
PURCHASE OF 226 CATHERINE
Summary of Request: To approve the purchase of the property at 226 Catherine from the
Muskegon County Land Bank for the price of $600.00.
The parcel at 226 Catherine (City of Muskegon Revised Plat of 1903 W ½ Lot 7 Block 252) is
currently owned by the Muskegon County Land Bank through the tax-reversion process.
After the CNS Department legally obtains the property at 226 Catherine, the parcel will be
combined with the parcel at 218 Catherine, where the department recently completed a
rehabilitation project. A garage will now be built on the 226 Catherine site to accompany the
house at 218 Catherine. This will continue the City's aggressive neighborhood revitalization
efforts.
Financial Impact: The $600.00 cost will come from the HOME funds.
Budget Action Required: None
Staff Recommendation: To approve the purchase from the Muskegon County Land Bank.
Community and Neighborhood Services
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443
Memo
To: Honorable Mayor Warmington and City Commission
From: Wil Griffin, Director
Community and Neighborhood Services
Date: February 5, 2008
Re: COMMISSION MEETING DATE: FEBRUARY 12, 2008
SELECTION OF CONTRACTORS FOR FAIR HOUSING ANALYSIS
Summary of Request: To approve a contract with the Fair Housing Center of Southeastern
Michigan for the production of a housing impediment study for Muskegon County, with special
emphasis on the entitlement communities of Muskegon, Muskegon Heights and the City of
Norton Shores. The total cost of the study is $29,000.
Since the aforementioned entitlement cities receive Community Development Block Grant funds
from the US Department of Housing and Urban Development, all of the communities are
required to produce an impediment study every two to three years. Due to the significant cost of
having the impediment study completed, it has been agreed on by the three entitlement
communities to share the cost of the study. In addition, the entitlement communities have also
requested assistance from Muskegon County and several local banks.
At this time, the City of Muskegon's contribution will be between $7,500 and $10,000. It is
hoped the cost can be decreased as more players are added to the contribution list.
Financial Impact: The final cost will be deducted from CDBG Administration Funding.
Budget Action Required: None
Staff Recommendation: To approve the CNS office to enter into a joint contract with the two
other entitlement communities and the Fair Housing Center of Southeastern Michigan of Ann
Arbor.
l'lVV"J.V"LVV/ VJ.JU rn LC::~UI JC::I Vl\.,C::J VI JVUl,,II Vtlil,,I u /,J'"'tVV.J(....J/'"'t
Fair Housing Center of Southeastern Michigan
PO Box 7825 Ann Arbor, Michigan 48107
Proposal for Analvsis of Impediments to Fair Housing
In response to Solicitation for Fair Housing Analysis Study the Fair Housing Center
of Southeastern Michigan offers the following services:
I. Review and mapping of Demographic Patterns of Cities of Muskegon, Muskegon
Heights, and Norton Shores. (40 hours)
2. Review of Public Policies for the Cities of Muskegon, Muskegon Heights, and
Norton Shores. (120 hours)
Examples include:
• Zoning Ordinru1ces
• Master Land Use Plan
• Water and Sewer Plans
• Acquisition and Disposal of Public Property
• New Residential Consn·uction/Rehabilitation
• Actions Related to Requests from Protected Groups (i.e. disability groups)
3. Review of the Housing Discrimination Complaints Involving Properties in the
Cities of Muskegon, Muskegon Heights, and Norton Shores. (70 hours)
This analysis will include fair housing complaint activity from 2002-2006 filed
with the following groups at a minimmn:
• The Michigan Depaitment of Civil Rights
• U.S. Depaitment of Housing and Urban Development
• The Fair Housing Center of West Michigan
4. Review of Fair Housing Complaint Based and Survey Based Testing of properties
in the Cities of Muskegon, Muskegon Heights, and Norton Shores. (45 hours)
5. A Review, to the extent possible, of the Patterns of Occupancy in Section VIII,
Public and Assisted Housing, and Private Rental Housing. (40 hours)
6. Travel to Muskegon County for research. Travel expenses will be reimbursed at a
rate of no more than $250/day for four days. (20 hours)
7. Findings and Recommendations
This proposal includes provisions for making recommendations to the Cities in
relation to the need, if any, for further research, or for the development and
implementation of plans or programs to remove any impediments to the exercise
of fair housing choice uncovered by the analysis. (15 hours)
350 hours x $80/hour $28,000
Travel expenses $ 1,000
Total $29,000
Fair Housing Center of West Michigan
Proposal: Fair Housing Study
November I, 2007
Page 7
PRICE SHEET
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING
MUSKEGON METROPOLITAN AREA PARTNERSHIP
Section Primary Additional Additional Honrs for Honrly Snb
Entitv Entity Entitv Section Rate Total
Backi>:round 16 10 10 36 $90 $3,240
Population Profile 15 7 7 29 $90 $2,610
Employment & 10 9 9 28 $90 $2,520
Transportation
Housing Profile 26 10 10 46 $90 $4,140
Public Policies 15 5 5 25 $90 $2,250
Institutional Practices 34 6 6 46 $90 $4,140
Communitv Institutions 38 8 8 54 $90 $4,860
Demographic, Policy & 30 8 8 46 $90 $4,140
Institutional Practices
Disability 10 5 5 20 $90 $1,800
Community & Industry 20 10 10 40 $90 $3,600
Perceptions
TOTALS 214 78 78 370 $33,300
TOTAL PROJECT PRICE $33,300
Note: The above hourly rates include all costs associated with each phase above
including labor, fringes, overhead, reasonable copying, travel, lodging, telephone,
Date: February 1.2, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
379 W. Western Ave.
SUMMARY OF REQUEST:
Sidock Systems, LLC has submitted the attached encroachment agreement form requesting
your permission to install a glass canopy 30' long and 7'6" deep· which will extend
approximately 3' 6" info the Western Ave. public right of way.
'
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement to install the canopy as per the attached plan.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ENCROACHMENT PERMIT AGREEMENT
REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
1. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in
or abutting a street, alley, sidewalk, park, terrace or other property controlled or owned by th.e City of
Muskegon, the encroachment being described as: (Attach exhibits) (1 unit equals 0-99 lineal feet)
Main entrance canopy on the Western Avenue side.
2. The City-owned or controlled property (herein "property") subject to the encroachment is .
described as: [please insert a general description, and if required by the CITY, an accurate legal description]
Sidewalk, 1/estern Avenue
3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or property.
PERMIT AGREEMENT:
THIS AGREEMENT is made and entered into this / J r/2 day of 5.)ru a??rf/ 20 08 , by and
between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and Si dock
Properties, LLC (hereinafter called LICENSEE).
THEREFORE,
I. CITY does hereby grant unto LICENSEE the privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for that purpose to enter the
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
O:\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_ _ _ _ _ _ _ _ _Dollars ($ ), per unit as described under Request, paragraph I, applicable to
the current Master Fee Resolution. Such payment is to be made upon the signing of this agreement to the City
of Muskegon, and the privilege hereby granted shall continue for a period of five years from said date and
renewal payment as set in the Master Fee Resolution to continue in five year intervals due on the first day of
May unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of
and from any liability for cla'ims, damages, costs, expenses, or fees, including any attorney fees, or fines or
awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from
the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases
of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as
any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation
in force at any time, including future times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidel).cing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:
5. BONDING. Before this agreement permit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire term of this
agreement.
6. The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation, with no
refund of the fee required in paragraph 2 of Permit Agreement.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Permit Agreement; provided, however, that upon the voluntary relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in
O;\ENOlNEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, damage or
expense the CITY may sustain in such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be
performed hereunder, the privilege hereby granted shall immediately terminate and become null and void.
9. This agreement shall be binding upon the respective heirs, representatives, successors and
assigns of the parties hereto.
Witnesses: CITY OF MUSKEGON
---- -·-~-•- -----
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LICENSEE:
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GENZINK STEEL
0:\ENGTNEERING\COMMON\ENCROACHMENT AGREEMENTS\B!ank Encroachment Agreement and Pennit.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the encroachment(s) and any
relocation that becomes necessary to facilitate other improvements within the right of way (s).
2- Grantee will be responsible to maintain and keep, for the duration of this agreement, a valid
insurance coverage satisfactory to the City.
3- If approved (by the City Commission), a permit to work in the right of way must be obtained from
the Engineering Department before any work begins.
4- Insurance: LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to the City. The provision for liability insurance set forth shall remain in full force and
effect in lieu of any other insurance requirement, provided that the City shall be given thirty (30)
days written notice before a change in coverage may occur.
5- The City and/or its agent are not responsible for any damage to the facilities.
/{D) lri rG t· ll WI tri J"n)
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GENZINK STEEL
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National City
National City Bani< of Michigan/Illinois
11:fil7 40
720
I
Kalamazoo, Michigan
CHECK NO.
I
Exactly One hundred and no/ 100 Dollars
DATE AMOUNT
1/11/2008 $100.00
'AMOUNTS OVER $15,000 REQUIRES TWO SIGNATURES
City of Muskegon
PAY
TO THE
ORDER
OF
u;i;;;J AUTHORIZED SIGNATURE
M'
11•00 1,1,0011• 1:0 7 2000"11, s,: "181, 208 :lO 511•
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: February 12, 2008
RE: Public Hearing
Spreading of the Special Assessment Roll
Knollwood Ct., Beach St. to End
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Knollwood Ct. from Beach St. to End
and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$21,508.76 would be spread against the thirteen -(13) parcels abutting the project. The amount being
spread is roughly $10.00 per foot below what the owners were expecting at the time of the creation of the district.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2008-16(a)
Resolution Confirming Special Assessment Roll
For Knollwood Ct. from Beach St. to End
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Prope1iies set forth in Exhibit A attached to this resolution on February 27, 2007, at the first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the assessed
properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any as.sessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR: Knollwood Ct., from Beach St. to End
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro,
and Warmington
Nays: _ _N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
\ \ City of Muskegon
Bv\Jhi'~~\1-v~.(i ½.e.{,/[L-,
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on February 12, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on this date,
being February 12, 2008.
Cit~f Muskegon
·. I . (") .·
By 1 I 'v'\·1 'OV\.A-" , .).9. '-/-.i_J)
Ann Marie Becker, MMC
City Clerk
EXHIBIT A
Knollwood Ct., Beach St. to End
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Knollwood Ct. between Beach St. & End
______ ... ------------~·-·
EXHIBIT A
11 11
SPECIAL ASSESSMENT DISTRICT
SHERMAN
BLVD
KNOLLWOOD CT., BEACH ST. TO END
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARivl!NGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT
TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGOl')>--~
BY-=-~~~dg_~~;,J;c~~==='····~c:;;,
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1625, Knollwood Court, Beach St. To End
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE l_S \AY OF FEBRUARY 2008
J',-J½ivt,v,w "'
ANN MARIE BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
I f r/2 DAY OF h.b,uc1 ,r ~
t?
, 2008.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-,;;s-- ;l_O / ,.2_
February 1, 2008
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now consider final
confirmation of the special assessment roll:
KNOLLWOOD COURT, BEACH STREET TO END
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, FEBRUARY 12, 2008
at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion,
approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the
hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING
OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED FEBRUARY 12, 2008 YOU
WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN TAX TRIBUNAL (517-334-4712) OR EMAIL ADDRESS: TAXTRIB@MICHIGAN.GOV. HOWEVER, UNLESS
YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $86,035.04 of which $21,508.76 will be paid by
special assessment. If the special assessment is confirmed, your property will be assessed $1,654.52 based on 76 feet
assessable front footage at $21. 77 per assessable foot for the street improvements. In addition, you will be assessed $0.00
for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $1,654.52.
Following are the terms of the special assessment:
The total assessment of $1,654.52 may be paid in full any time by the due date of April 14, 2008 without interest being
charged. After this date, interest will be charged at the annual rate of 5% on the remaining balance. Assessments also may
be paid over a ten-year period in ten equal principal installments of $165.45 (plus accrued interest). If you pay your
assessment in installments, your annual installment (plus accrued interest) will be included as a separate item on your
property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify
them of this charge. Should you wish to avoid having the annual installment placed on the property tax bill by making
a separate payment or to pay the total balance due, please contact the Treasurer's office at (231) 724-6720.
Special Assessment Payment Options
Property owners In the City of Muskegon who are bel ng specially assessed for street, sidewalk or other public
Improvements may pay their assessment in tho following ways:
f,__J,,.11m_p Sum etYment In Full
Assessments may be paid In full within sixty (60) days of the confirmation of the special assessment roll
withot1I interest.
/l,.,.Jn.3.tJ,f/ment Payments
AssestM!lllls not paid within the firs! sixty (60) days may be paid In Installments over several years as follows:
Street and Alley Assessments,,. Ten (10) years equal annual principal payments. For example, If the
amount of your assessment is $850.00, you will be billed $85.00 par year plus appllcab!e Interest as
described below.
Driveway, Sidewalk, and Approach Assessments• Ten (10) years equal annual principal payments
plus applicsble interest as described below.
Interest- Simple Interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged Is equal to the Interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. §net;Jp_fA.uM.:w_1mt Deferrf!Lil,..QYiJ!ll;Qm, SeoJws and Dlsa~.Qll§j
ro qualify for a special aswssmenldeferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the t1omestead
being assessed for five (5) years or more.
• Be a citizen of U1e U. s.
• Have a total household Income not in excess of $16,823.00
• Have a spacial assessment of $300,00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
Including delinquent. current, and further installments. Al the time of payment a IJOn will be recorded on your
property in favor of the State or Michigan. Repayment to the State must be made at the time tha property Is
sold or transferred or after Iha death of the owner(s). During the time the special assessment is deferred
Interest Is accrued at the rate of 6.00% per year.
['{,,_fy_rlhur lnfo[llJatlon Al.!QM.t the Abov& Program1
Further Information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724•6708 or the City Treasurer's Office at 724-6720. Appl/cations may be obtained 01
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
Y, __Additlonal Sper;lal ASDJ!.§ment Paym.g!!UlU[Mance
Qualified low and moderate Income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program wm be available lo the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717,
CITY OF MUSKEGON
KNOLLWOOD CTREET, TO END TO BEACH ST. H 1622
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _Phone: _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B.irthdate_ _ _ _ _ _ _ _ _ Social Security#
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _ _Social Security#
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _ _ .Social Security#
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B.irthdate_ _ _ _ _ _ _ _ _Social Security#
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner
certifies that all information in this application, and all information furnished in support of this application, is true and
complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required
prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
l<'OJl OFFICE US:E. QNJ:iY ·
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
KNOLLWOOD CT., TO END TO BEACH ST.H 1622
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already
aoolied, »lease discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive
sidewalk replacement program. City ordinances require that property owners be responsible for
the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist
homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers
assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may
pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proofofincome may include copies of Wage & Tax Statement (W-2's) from the
year 2006, pension or other benefit checks, bank statements for direct deposits or agency statements for all
household income.
2007
MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $28,210
2 32,240
3 36,270
4 40,365
5 43,550
6 46,800
7 49,985
8 53,235
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should
be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along
with supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, Ml 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information. If current owner sells the home prior to the special
assessment confirmation, the application is no longer valid. The City also rese11 1es the right to reject any
applications that contains falsified information or insufficient documentation. The City must complete the sidewalks.
Costs incurred from repairs done by you or a private contractor will not be reimbursed
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
KNOLLWOOD CT., TO END TO BEACH ST.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting the west side of Knollwood Ct., from To End to Beach St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of
Muskegon Commission Chambers on February 12, 2008 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment roll that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment roll are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5 :00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are fmther notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvements made, and the assessments levied. The purpose
of these hearing is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Ann Becker, City Clerk
Publish: Jannary 12, 2008
ADA POLICY
The City will provide necessaty appropriate auxilia1y aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Ann Becker, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Knollwood Court, Beach St. to End
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 16th DAY OF FEBRUARY, 2007.
~~~~~bll(L_
ANN MARIE BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/77-1 DAYOF /ebcttq;v , 2007.
~ ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- ~s-- cZOI :Z
CITY OF MUSKEGON
Resolution No. 2007-20 (a)
Resolution At First Hearing Creating Special Assessment District
For Knollwood Ct., Beach St. to End
Location and Description of Properties to be Assessed:r----c=-~---~
See Exhibit A attached to this resolution CITYiic&t~~~~GON
RECITALS: MAR O7 2007
I. A hearing has been held on February 27, 2007 at 5:30 o'clock p.m. at t ~~,lyEERING DEPAF.TMENT
Commission Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information
are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 27, 2007 there were 23. OB % objections by the owners of the
property in the district registered at the hearing either in writing received before or at the hearing
or by owners or agents present at the hearing, and the Commission has considered the
advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including all
assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of
the benefit to be received by each property proposed to be assessed in the district after the
improvements have been made. The City Commission determines that the assessments of costs
of the City project will enhance the value of the properties to be assessed in an amount at least
equivalent to the assessment and that the improvement thereby constitutes a benefit to the
property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the property set
forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility
study and estimates of costs, and directs the City Engineer to proceed with project design,
preparation of specifications and the bidding process. If appropriate and if bonds are to be sold
for the purposes of financing the improvements, the Finance Depatiment shall prepare plans for
financing including submission of application to the Michigan Department of Treasury and the
beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
Davis and Warmington and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon a
benefit basis (If in approximate 76' per parcel.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 35.52% of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all
owners and persons interested in properties to be assessed of the hearing at which the City
Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays Davis
CITY OF MUSKEGON
B~,t•-J~~\J\ ;;t\S
g { __,t lY\
Ann Marie Becker, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 27, 2007. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
CITY OF MUSKEGON
B~':0,, d~, A· ,t0;::;.__g ""
Ann Marie Becker, Clerk
i ,L'\
H-1625 HEARING DATE: February 12, 2008
KNOLLWOOD COURT, BEACH STREET TO END
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS PAVING DR APP/SW TOTAL
24-152-000-0136-00 2877 BEACH ST SCHULTZ LINDA 2877 BEACH ST MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0124-00 3016 KNOLLWOOD CT JOHNSON DARWIN/DOROTHY ET A 1326 SCHIEDLER DR BATAVIA IL 6051 O $1,654.52 $0.00 $1,654.52
24-152-000-0125-00 3024 KNOLLWOOD CTTEJCHMA COLLEEN M 3024 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0135-00 3025 KNOLLWOOD CT MATTESON CHRIS/SANDRA 3025 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0126-00 3036 KNOLLWOOD CT BALDAS PETER 3036 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0127-00 3046 KNOLLWOOD CT MCPHERSON JACK 3046 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0128-00 3056 KNOLLWOOD CT MILAS CAROLINE H TRUST 3056 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0134-00 3065 KNOLLWOOD CT ANDRES ROBERT J/PAMELA S 3065 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0129-00 3066 KNOLLWOOD CT FUNK TRUST 3066 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0130-00 3076 KNOLLWOOD CT GRAY JEANNE C TRUST 3076 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
24-152-000-0133-00 3077 KNOLLWOOD CT PIETSCH JOHN A 3077 KNOLLWOOD CT MUSKEGON Ml 49441 $1,654.52 $0.00 $1,654.52
2/13/2008
Page 1 of 2
H-1625 HEARING DATE: February 12, 2008
KNOLLWOOD COURT, BEACH STREET TO END
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS PAVING DR APP/SW TOTAL
24-152-000-0131-00 3086 KNOLLWOOD CT SCULLEY CLEO J 3086 KNOLLWOOD CT MUSKEGON Ml 49441 $1 ,654.52 $0.00 $1,654.52
24-152-000-0132-00 3087 KNOLLWOOD CT HAAS DONALD E 3087 KNOLLWOOD CT MUSKEGON Ml 49441 $1 ,654.52 $0.00 $1,654.52
TOTALS: $21,508.76 $0.00 $21,508.76
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~'
~,DONNA~ ~
n A-11-h. t ' I___, In
~ DATE
a
r"\ i :c //l D
BETH STOKES, DIRECTOR COUNTY EQUALIZATION
-------t~.......... ? L c.i ~--;"-C9- j~ 3/z 'f / o c-
1
suE WIERENGO CITY COMMISSIONER DATE
3-3 - of
CITY COMMISSIONER DATE
2/13/2008
Page 2 of 2
Date: February 12, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of The Roblane Ave., Quarterline Rd. to
Marlane St. project, and to create the special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board of Assessors by
adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2008-16(b)
Resolution At First Hearing Creating Special Assessment District
For: ROBLANE AVE. From QUARTERLINE RD. to MARLANE St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 12, 2008 at 5:30 o'clock p.m. at the City Commission
Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit info1mation are on file
with the City and have been reviewed for this hearing.
3. At the hearing held February 12, 2008, there were 13. 3 % objections by the owners of the property in
the district registered at the hearing either in writing received before or at the hearing or by owners or
agents present at the hearing, and the Commission has considered the advisability of proceeding with the
project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including all assessable
expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of the benefit to
be received by each property proposed to be assessed in the district after the improvements have been
made. The City Commission determines that the assessments of costs of the City project will enhance the
value of the properties to be assessed in an amount at least equivalent to the assessment and that the
improvement thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the property set forth in
Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and
estimates of costs, and directs the City Engineer to proceed with project design, preparation of
specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of
financing the improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
Wierenga and carter and the City Assessor who are
hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately
26.4 % of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and
persons interested in properties to be assessed of the hearing at which the City Commission will consider
confirmation of the special assessment roll.
This resolution adopted.
Ayes Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and
Wierenga
Nays None
CITY OF MUSKEGON
B~ ,'-'~ ~ (s>½
Ann Marie Becker, City Clerk
R✓~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 12, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of 1976.
CITY OF MUSKEGON
B~~~u ~,
Ann Marie Becker, City Clerk
EXHIBIT A
ROBLANE AVE., from
QUARTERLINE RD. to MARLANE ST.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of
Roblane Ave., From Quarterline Rd. to Marlane St.
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
MARQUETTE A VE.
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iE
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MARLANE CT.
~I '\
D ________,
WESLEY AVE.
NO SCALE
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE I ST DAY OF FEBRUAR~ 008.
~ J~Q>uJ
ANN BECKER,cITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/3 t-h DAYOF &,,,br tJar <? ,2008.
(7
~$A/~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-~s- cJ o I ..2.
O:\ENGINEERlNG\COMMON\2008 PROJECTS MASTER\PROJECTS\ROB LANEISA INFO\Hcaring !\AFFIDAVIT ROB
I .!\NE-CREATE.doc
CITY OF MUSKEGON
NOTICE OF PUBLIC HEAR1NGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
RO BLANE AVE., QUARTERLINE RD. TO MARLANE ST.
AND
DALE AVE., SANFORD ST. TO PECK ST
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Roblane Ave., from Quarterline Rd. to Marlane St.
And
All Parcels Abutting Dale Ave., from Sanford St. to Peck St.
The City Commission proposes that the City and property owners by means of special assessments will share the
cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering
Department during regular business hours - between 8:00 AM. and 5:00 P.M. on weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION
CHAMBERS ON FEBRUARY 12, 2008AT 5:30 O'CLOCK P.M.
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WR1TING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED
(AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STA TE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE
ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT
THE HEARlNG, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TR1BUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: February 2, 2008 Ann Becker City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting,
upon twenty-four hours notice to the City. Contact:
Ann Becker City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
ROBLANE A VE. from
QUARTERLINE RD. to MARLANE ST.
The proposed reconstruction of Rob lane Ave. between Quarterline & Marlane St., see attached special assessment
district map, was initiated by the City due to the conditions of the road and drainage. We feel that reconstruction is
the most effective method especially with the needs for other facilities such as storm sewer system in that area.
The existing pavement condition of 35 (out of I 00) is well below acceptable.
The proposed reconstruction consists of existing pavement removal, constructing a new curb & gutter street & new
storm sewer system.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is
attached.
The preliminary cost estimate for the work associated with paving is approximately $80,000.00 with the length of
the project being approximately 510 lineal feet or 782.1 feet of assessable front footage. This translates into an
estimated improvement cost of $102 per assessable foot. However, based on the 2008 assessment figure for this
type of improvement, the assessment will not exceed $32.00 per assessable foot.
While the preliminary proposed assessment rate on the resolution is 26.4%, the actual rate, upon completion of the
project and at the time of spreading, will be limited to the 25% of total cost as amended in the special assessment
policy
MUSKEGON COUNTY
M I C H I G A N
January 25, 2008
Mohammed AI-Shatel, City Engineer
BOARD OF City of Muskegon
COMMISSIONERS
933 Terrace Street
James J. Derezinski Muskegon, MI 49443
Chair, District 4
Mr. AI-Shatel:
I. John Snider II
Vice Chair, District 3 In accordance with your request, I have examined the proposed special assessment
P. Don Aley
district entailing the reconstruction of Roblane Avenue from Quarterline Road to
District 7 Marlane Street (Project# H-1636). The purpose of this analysis is to document the
Charles L. Buzzell
reasonableness of this special assessment district by identifying and quantifying any
District 2 accrued benefits. It is subject to the normal governmental restrictions of escheat,
taxation, police power and eminent domain. The effective date is January 25, 2008.
Lew Collins
District 6
The proposed special assessment district encompasses primarily commercial
Marvin R. Engle . properties. The City of Muskegon's Engineering Department has provided all frontage
District 5 estimates in accordance with the City's Special Assessment Policy and all project-
Bill Gill related costs. The total project cost is estimated to be $80,000. The amount of
District 8 money to be spread to the 5 property owners has been estimated at $21,152.00 or
Kenneth Mahoney 26.4% of the total costs. The proposed front foot rated to be spread is $32.00. The
District 1 City's Engineering Department is solely responsible for these figures.
Louis A. McMurray In conclusion, it is my opinion that the special assessment amounts as provided by the
District 9
City justly and reasonably represents the accrued benefits to the properties
Robert Scolnik encompassed by this project. The amounts reflect the sum of the immediate estimated
District 11
value enhancement and the intrinsic value that will accrue from an overall increase in
Roger C. Wade property values due to an improved quality of life created by the proposed project.
District 10
Simply stated, the front foot rate of $32.00 to be spread over an assessable footage of
782.10 for the reconstruction of the above mentioned project area appears reasonable
and equitable based upon the data presented by the City of Muskegon Engineering
Department, and on supporting office records.
Sincerely,
, Dennis W. Bums, CMAE 3
Assessment Administration Supervisor
EQUALIZATION DEPARTMENT - 173 E. APPLE AVE., BUILDING C - MUSKEGON, Ml 49442
WWW.CO.MUSKEGOl'i.MI.US/EQUALIZATION (231) 724-6386 - FAX (23 I )724-1129
TTY (231) 722-4103 - An EEO/ ADA/ AA Employer
January 11, 2008
«OwnerName1 »
«OwnerStreetAddress»
«OwnerCity», «OwnerState» «OwnerZipCode» 1
The City of Muskegon is asking for your support for improvement of the street adjoining your property
located at «PropAddressCombined».
The City of Muskegon believes that by making the proposed street improvements you will have less road
noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access
for delivery of services such as snow plowing, mail delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street improvement will be
paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to
cover a share of the cost (which you can spread over a period of ten years) based on the amount of
property you own bordering the street. A description of the project, including the associated cost to you
and the City, is located in the documents attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner
street while adding curb appeal to your property, you do have the right to ask further questions or protest
participation in this particular project. Please carefully review the enclosed materials and call the City's
Engineering Department at 724-6707 if you require more information.
A public hearing is also scheduled for this project on 1/22/2008. If you attend this public hearing you will
be given an opportunity to make comments on the proposed special assessment district to the
commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back
to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added
to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in
favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 1, 2008
«OWNERS NAME»
«OWNERS_ADDRESS»
«OWNERS_CITY», «OWNERS_STATE» «OWNERS ZIPCODE» «ID»
Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special assessment district
which would assess your property for the following paving project:
ROBLANE AVE., QUARTERLINE RD. to MARLANE St.
The proposed special assessment district will be located as follows:
All parcels abutting ROBLANE AVE. from QUARTERLINE RD. to MARLANE St.
It is proposed that a portion of the above improvement will be paid by special assessment against
properties in the aforementioned district. Following are conditions of the proposed special assessment
which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be held at the City of
Muskegon City Commission Chambers on February 12, 2008 at 5:30 p.m. You are encouraged to
appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or
objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for
you to indicate your agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost of the
assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to
the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE:
THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION
COUNTED FOR THE SPECIAL ASSESSMENT.
CITY OF MUSKEGON
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST. H-1631
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Jl()USEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _ -_ _ -_ _
Address: Phone: Race:
Parcel# _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ List information for household members besides owner/spouse here.
Name____________ Birthdate_ _ _ _Social Security# _ _ _ _ __
Name Birthdate Social Security# _ _ _ _ __
Name Birthdate Social Security# _ _ _ _ __
Name Birthdate Social Security # _ _ _ _ __
· •· 'INCOMEiNFORMATION.
·,-_. ', ,,-,_ ,,,. ',•--->,. ,.. -,-,,·.-:.,_;- -------•--, .. ec•
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The
Applicant/Owner certifies that all information in this application, and all information furnished in support of
this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The
property owner's signature will be required prior to the application being processed. NO APPLICATION
WILL BE ACCEPTED AFTER CONFIRMATION
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST. H-1631
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this applicatio11 several times - Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the
repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners,
who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through
the Community Development Block Grant (CDBG) Program for eligible households and families. If you
meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that
funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area
Median Income ( see chart below); Proof of income may include copies of Wage & Tax Statement
(W-2's) from the year 2007, pension or other benefit checks, bank statements for direct deposits or
agency statements for all household income.
2007
65% MEDIAN HOUSEHOLD INCOME'
CHART'' .· .. 'i < ..
·
FAMILY SIZE INCOME LIMIT
1 $28,210
2 32,240
3 36,270
4 40,365
5 43,550
6 46,800
7 49,985
8 53,235
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of
application; Land Contract purchasers must obtain approval of titleholder prior to receiving
assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can
be a copy of a driver's license or other official document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return
it, along with supporting documentation, to:
City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and
5:00 p.m.
The City reserves the right to verify all application information. Jf current owner sells the home prior to
the special assessment confirmation, the application is no longer valid. The City also reserves the right to
reject any applications that contains falsified information or insufficient documentation. The City must
complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be
reimbursed
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By February 12, 2008
Project Title: ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
Project Description RECONSTRUCTION, STORM SEWER
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dolled lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS _STREET
Parcel Number: 24-XXX-XXX-XXXX-XX
Assessable Frontage: XX.XX Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $14,368.00
Property Description
CITY OF MUSKEGON SHADY LANE LOTS 5-13 INCL ALSO INCL ALLEY BTWN LOTS 11 & 12 SBJT TO CABLE EASEMENT
RECORD'D LIP 3629/483
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED •
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT H-1636
RECONSTRUCTION, STORM SEWER HEARING DATE: 2/12/2008 /
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
1 · BAKER COLLEGE OF MUSKEGO ASSESSABLE FEET: 531
24-760-000-0005-00 1903 MARQUETTE AVE COST PER FOOT: $32.00
@ 440 S QUARTERLINE MUSKEGON Ml 49442 ESTIMATED P.O. COST:I $14,36a.oo 1
2 LAKATOS JULIUS E ASSESSABLE FEET: 104
24-760-000-0074-00 462 QUARTERLINE COST PER FOOT: $32.00
@ 462 S QUARTERLINE MUSKEGON Ml 49442 ESTIMATED P.O. COST:I $1,664.oo 1
3 DURBIN DEITRA ASSESSABLE FEET: 47.7
24-760-000-0051-00 465 SUELANE ST COST PER FOOT: $32.00
@ 465 SUELANE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST:I $1,664.oo 1
4 464 ELLSWORTH TRUST ASSESSABLE FEET: 49,7
24-760-000-0042-00 2743 HENRY ST 227 COST PER FOOT: $32.00
@ 464 SUELANE ST MUSKEGON Ml 49441 ESTIMATED P.O. COST:I . $1,72a.oo 1
5 · VANDERVELDE ERIC/AMANDA ASSESSABLE FEET: 49.7
24-760-000-0041-00 463 MARLANE ST COST PER FOOT: $32.00
@ 463 MARLANE ST . MUSKEGON Ml 49442 ESTIMATED e.o. cosT:I $1,72a.oo 1
SUM OF ASSESSABLE FOOTAGE: 782.10 SUM OF ESTIMATED P.O. COST: $21.152.00 I
TOTAL NUMBER OF ASSESSABLE PARCELS 5.00
1/14/2008 Page 1 of 1
H-1636 ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 5
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
2 462 S. QUARTERUNE 24-760-000-0074-00 104.00
TOTAL ASSESSABLE FRONT FOOTAGE .782.10 *"*
FRONT FEET OPPOSED 104.00 13.30%
RESPONDING FRONT FEET IN FAVOR 0.00 0.00%
NOT RESPONDING- FRONT FEET IN FAVOR 678.10 86.70%
TOTAL FRONT FEET IN FAVOR 678.10 86.70%
TOTALS 0.00 104.00
TABULATED AS OF: 05:06 PM
2/1212008 5:06 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Roblane
Date: February 12, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
DALE AVE., SANFORD ST. TO PECK ST.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Dale Ave., Sanford St. to Peck St.
project, and to create the special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board of Assessors by
adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2008-16(c)
Resolution At First Hearing Creating Special Assessment District
For: Dale Ave. from Sanford St. to Peck St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 12, 2008 at 5:30 o'clock p.m. at the City Commission
Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information are
with the City and have been reviewed for this hearing.
3. At the hearing held February 12, 2008, there were O. O % objections by the owners of the prop c:::;:~ ~ ~~
the district registered at the hearing either in writing received before or at the hearing or by owner::.
s:- - -
agents present at the hearing, and the Commission has considered the advisability of proceeding W - - -- -
project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project including all ass~~~~;;;;;;
expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of the
be received by each property proposed to be assessed in the district after the improvements have b
made. The City Commission determines that the assessments of costs of the City project will enhc=.=======
value of the properties to be assessed in an amount at least equivalent to the assessment and that tl:
improvement thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the property set for'"!..C':..':..=""'='--'~"'"----==.
- =- =-
-
Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility
estimates of costs, and directs the City Engineer to proceed with project design, preparation of
specifications and the bidding process. If appropriate and if bonds are to be sold for the purpo ses--
financing the improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of bond pr·c=========
CITY OF MUSKEGON
ResolutionNo. 2008-16(c)
Resolution At First Hearing Creating Special Assessment District
For: Dale Ave. from Sanford St. to Peck St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 12, 2008 at 5:30 o'clock p.m. at the City Commission
Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file
with the City and have been reviewed for this hearing.
3. At the hearing held February 12, 2008, there were O. O % objections by the owners of the property in
the district registered at the hearing either in writing received before or at the hearing or by owners or
agents present at the hearing, and the Commission has considered the advisability of proceeding with the
project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project including all assessable
expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of the benefit to
be received by each property proposed to be assessed in the district after the improvements have been
made. The City Commission determines that the assessments of costs of the City project will enhance the
value of the properties to be assessed in an amount at least equivalent to the assessment and that the
improvement thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the property set forth in
Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and
estimates of costs, and directs the City Engineer to proceed with project design, preparation of
specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of
financing the improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
Spa taro and Gawron and the City Assessor who are
hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately
1~3.~½ of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and
persons interested in properties to be assessed of the hearing at which the City Commission will consider
confirmation of the special assessment roll.
This resolution adopted.
Ayes Carter, Gawron, Shepherd, Spataro, Warmington, Wierenga, and
Wisneski
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 12, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of1976.
CITY OF MUSKEGON
B~ ~ w•"'
Ann Marie Becker, City Clerk
EXHIBIT A
Dale Ave., from
Sanford St. to Peck St.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of
Dale Ave., from Sanford St. to Peck St.
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
SOUTHERN A \IE,
1-,! 1-,!
(/) (/)
Q iS
~ 0
~
FOREST AVE
1-,!
(/)
~
i;:;
§j.
(j
DALE AVE.
1-,!
(/)
~ Cl
g;
i:: IQ
~
I,_
t::
~ <'i
~
LARCH AVE.
LAKETON A \IE
NO SCALE
~ ' .
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Dale Ave., Sanford St. to Peck St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRJCT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 1ST DAY OF FEBRUARY, 2008.
§ANN
=BECKER,
~JL(,iCIT
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/3 i-1 DAy OF Fe.J, ua0 ' 2008.
~&2 ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9· ,;zs- c:20 I .,z
O:\ENGlNEERING\COMMON\2008 PROJECTS MASTER\PROJECTS\ROB LANE\SA INFO\Hearing I\AFFIDAVIT ROB
LANE-CREATE.doc
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
AND
DALE A VE., SANFORD ST. TO PECK ST
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Roblane Ave., from Quarterline Rd. to Marlane St.
And
All Parcels Abutting Dale Ave., from Sanford St. to Peck St.
The City Commission proposes that the City and property owners by means of special assessments will share the
cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering
Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION
CHAMBERS ON FEBRUARY 12, 2008 AT 5:30 O'CLOCK P.M.
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED
(AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE
ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE ORAT
THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: February 2, 2008 Ann Becker City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting,
upon twenty-four hours notice to the City. Contact:
Ann Becker City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
Dale Ave. from
Sanford St. to Peck St.
The proposed reconstruction of Dale Ave. between Sanford St. & Peck St., see attached special assessment district
map, was initiated by the City due to the street conditions and letters from residents. We feel that reconstruction is
the most effective method especially with the needs for other facilities such as storm sewer work in that area. The
existing pavement condition of 25 (out of 100) is well below acceptable.
The proposed reconstruction consists of existing pavement removal and constructing a new curb & gutter street
along with all other necessary utilities.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is
attached.
The preliminary cost estimate for the work associated with paving is approximately $65,000.00 with the length of
the project being approximately 300 lineal feet or 282 feet of assessable front footage. This translates into an
estimated improvement cost of $230 per assessable foot. However, based on the 2008 assessment figure for this
type of improvement, the assessment will not exceed $32.00 per assessable foot.
MUSKEGON -
COUNTY
·
Ml CH I GAN
January 25, 2008
Mohammed AI-Shatel, City Engineer
BOARD OF City of Muskegon
COMMISSIONERS 933 Terrace Street
James J. Derezinski Muskegon, Ml 49443
Chair, District 4
Mr. AI-Shatel:
I. John Snider II
Vice Chair, District 3 In accordance with your request, I have examined the proposed special assessment
district entailing the reconstruction of Dale Avenue from Peck Street to Sanford Street
P. Don Aley
District 7 (Project# H-1631). The purpose of this analysis is to document the reasonableness of
this special assessment district by identifying and quantifying any accrued benefits. It
Charles L. Buzzell
District 2 is subject to the normal governmental restrictions of escheat, taxation, police power
and eminent domain. The effective date is January 25, 2008.
Lew Col!ins
District 6 The proposed special assessment district encompasses a combination of commercial
Marvin R. Engle and residential properties. The City of Muskegon's Engineering Department has
District 5 provided all frontage estimates in accordance with the City's Special Assessment
Bill Gill
Policy and all project-related costs. The total project cost is estimated to be $65,000.
District 8 The amount of money to be spread to the 4 property owners has been estimated at
$9,024.00 or 13.9% of the total costs. The proposed front foot rated to be spread is
l<enneth Mahoney
District 1 $32.00. The City's Engineering Department is solely responsible for these figures.
Louis A. McMurray In conclusion, it is my opinion that the special assessment amounts as provided by the
District 9 City justly and reasonably represents the accrued benefits to the properties
Robert Scolnik encompassed by this project. The amounts reflect the sum of the immediate estimated
District 1·1 value enhancement and the intrinsic value that will accrue from an overall increase in
Roger C. Wade property values due to an improved quality of life created by the proposed project.
District 10 Simply stated, the front foot rate of $32.00 to be spread over an assessable footage of
282.00 for the reconstruction of the above mentioned project area appears reasonable
and equitable based upon the data presented by the City of Muskegon Engineering
Department, and on supporting office records.
Sincerely,
Dennis W. Burns, CMAE 3
Assessment Administration Supervisor
EQU,ll.LIZATION DEPARTl\/1EMT- 173 E. APPLE AVE., BUILDING C • MUSKEGON, Ml 49442
WWW.CO.MUSKEGON.Ml.US/EQUALIZATION [231) 724-6386 · FAX [231)724-1129
TTY (231I722-4103 · An EEO/ ADA/ AA Employer
January 11, 2008
«OwnerName1 »
«OwnerStreetAddress»
«OwnerCity», «OwnerState» «OwnerZipCode» 1
The City of Muskegon is asking for your support for improvement of the street adjoining your property
located at «PropAddressCombined».
The City of Muskegon believes that by making the proposed street improvements you will have less road
noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access
for delivery of services such as snow plowing, mail delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street improvement will be
paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to
cover a share of the cost (which you can spread over a period of ten years) based on the amount of
property you own bordering the street. A description of the project, including the associated cost to you
and the City, is located in the documents attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner
street while adding curb appeal to your property, you do have the right to ask further questions or protest
participation in this particular project. Please carefully review the enclosed materials and call the City's
Engineering Department at 724-6707 if you require more information.
A public hearing is also scheduled for this project on 1/22/2008. If you attend this public hearing you will
be given an opportunity to make comments on the proposed special assessment district to the
commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back
to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added
to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in
favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 1, 2008
«OWNERS NAME»
«OWNERS ADDRESS»
«OWNERS_CITY», «OWNERS_STATE» «OWNERS ZIPCODE» «ID»
Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special assessment district
which would assess your property for the following paving project:
Dale Ave., Sanford St. to Peck St.
The proposed special assessment district will be located as follows:
All parcels abutting Dale Ave. from Sanford St. to Peck St.
It is proposed that a portion of the above improvement will be paid by special assessment against
properties in the aforementioned district. Following are conditions of the proposed special assessment
which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be held at the City of
Muskegon City Commission Chambers on February 12, 2008 at 5:30 p.m. You are encouraged to
appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or
objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for
you to indicate your agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost of the
assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to
the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE:
THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION
COUNTED FOR THE SPECIAL ASSESSMENT.
CITY OF MUSKEGON
DALE AVE., SANFORD ST. TO PECK ST. H-1631
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
·· IIOUSEH()LD INFORMATION .
Name: _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _~List information for household members besides owner/spouse here.
Name Birthdate_ _ _ _Social Security# _ _ _ _ __
Name____________ Birthdate_ _ _ _Social Security# _ _ _ _ __
Name Birthdate Social Security# _ _ _ _ __
Name Birthdate Social Security# _ _ _ _ __
ANNUAL Household Income: $_ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. •·•·<··• PROP:ERTYlNFO~'IJ<>N/·• ./\••·•;t••··•·
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CD BG staff)
•. OWNER'S SIGNATUREJi)J.
,.,, ' • . -·.,,_ ·,-., ,. •,.·•.•, .. --·<·,'., ,,,,-·,,
Owner's Signature:, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The
Applicant/Owner certifies that all information in this application, and all information furnished in support of
this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The
property owner's signature will be required prior to the application being processed. NO APPLICATION
WILL BE ACCEPTED AFTER CONFIRMATION
•FOR OFFICEUSE ONLY ./ ·' .·.·•
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
DALE AVE., SANFORD ST. TO PECK ST. H-1631
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this applicatio11 several times - Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the
repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners,
who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through
the Community Development Block Grant (CDBG) Program for eligible households and families. If you
meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that
funds are available.
Application Requirements:
✓ Applicants must snbmit proof that their total household income does not exceed 65% of Area
Median Income (see chart below); Proofofincome may include copies of Wage & Tax Statement
(W-2's) from the year 2007, pension or other benefit checks, bank statements for direct deposits or
agency statements for all household income.
2007
•·:-, ,' :_--- --·-,_ ... -- ·-. - . -:;, ""- . ',_-· - .:.': .· . ·- ,,'•, --.''.-- '_-
()5o/o)v1EDIAN I-IQlJSilI-10Lp. ~cg_l\1E.·
C.·.HART
---. . . ' ._: <;: --, < .\ ,' ·.
--'<.>·,c-:_-,-- .(; ;-·__·•,.:,·,.- '.•.•.·.·.·.·
:·._-___ ,','; _ ,·_··.'
,_ ' ·.•·
. i:. -_ ·'
,: ',·;.,
FAMILY SIZE INCOME LIMIT
I $28,210
2 32,240
3 36,270
4 40,365
5 43,550
6 46,800
7 49,985
8 53,235
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of
application; Land Contract purchasers must obtain approval of titleholder prior to receiving
assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can
be a copy of a driver's license or other official document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return
it, along with supporting documentation, to:
City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,Ml49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and
5:00 p.m.
The City reserves the right to verify all application information. ff current owner sells the home prior to
the special assessment confirmation, the application is no longer valid. The City also reserves the right to
reject any applications that contains falsified i,iformation or insufficient documentation. The City must
complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be
reimbursed
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By February 12, 2008
Project Title: Dale Ave., Sanford St. to Peck St.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS_STREET
24-XXX-XXX-XXXX-XX
Assessable Frontage: xx.xx
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $3,552.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EX W 78 FT ALSO LOTS 11-12 BLK 445
Your vote COUNTS!
• •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT H1631
RECONSTRUCTION HEARING DATE: February 12, 2008
Dale Ave., Sanford St. to Peck St.
1 GREEN JAMES R/KATHY R ASSESSABLE FEET: 66
24-205-444-0006-00 34 W DALE AVE COST PER FOOT: $32.00
@ 34 W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.00 1
2 MATTHEWS PAUL ASSESSABLE FEET: 66
24-205-444-0007-00 1669 PECK ST COST PER FOOT: $32.00
@ 1669 PECK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.00 1
3 JOHNSON JERRY ASSESSABLE FEET: 39
24-205-445-0001-00 938 EMERSON AVE COST PER FOOT: $32.00
@ 1690 SANFORD ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,24a_oo 1
4 MUSKEGON RESCUE MISSION ASSESSABLE FEET: 111
24-205-445-0011-00 1691 PECK ST COST PER FOOT: $32.00
@ 1691 PECK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,552.00 1
SUM OF ASSESSABLE FOOTAGE: 282.00 SUM OF ESTIMATED P.O. COST: $9,024.00 1
TOTAL NUMBER OF ASSESSABLE PARCELS 4.00
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have.your vote count, please
Return This Card By February .12, 2008
Project Title: Dale Ave., Sanford St to Peck St. RECEIVED
Project_Description: RECONSTRUCTION
. FEB O6 2008
INSTRUCTIONS _ Ci Clerks Office
· 1f you wish to have your written vote included as part of the tabulation _o votes forwarded to
· the City Commission for the scheduled public hearing, please return this card by the date __
. indicated above. To use this response card please indicate whether you Oppose or Favor .
this special assessment project, sign the form and return it to the City Clerk's Office. To
. return tt,is ·card by mail, sfmply fold on the -dotted lines so the address ori the reverse side is
_showing . .Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR"-OF
PROJECT.
·Assessment Information
Property Address: 34 W DALE AVE
_ Parcel Number 24-205-444-0006-00 .
Assessable Frol'}tage: 66 Feet
$32.00 p~r Foot
Estimated Front Foot Cost:
ESTIMATED TOTAL COST $2,112.00
Property Description ·
.,
..--- .
CITY OF MU$KEGON REVISED PLAT OF 1903 LOT 6 & S 5 FT LOT 5 BLK 444
Your vote COUNTS!
•
Please vote either in favor or opposed·to the ·Special Assessment Street Paving Project.
I AM IN FAVOR I><-I . I AM OPPOSED
cl~ R-+ ..· .
Owner · '.J 1Z·rrt¼£ ,:-dJI\Roaq ·CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature · ,< (~ g. dJ\R;q Signature
Address· ..3:f: W QqLI
(IN;;<, zr6 Address · _ _;___________
· -_ _Thank you ,tor taking the time to vote on this important issue. . · n~ ~ . A •
~Q/YY\_ ~ ¼ ~~~ ~~ ~~~
~~ ~ ~ ~ ~av4-- ~ -I' \Je.,c ~-~ - ~ ~ ~~ ·.
;J:A ~ ~ \ . ~r
H-1612 DALE AVE., SANFORD ST. TO PECK ST
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS· 4
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
34 W. DALE 24-205-444-0006-00 66.00
TOTAL ASSESSABLE FRONT FOOTAGE 282.00 •••
FRONT FEET OPPOSED 0.00 0.00%
RESPONDING FRONT FEET IN FAVOR 66.00 23.40%
NOT RESPONDING· FRONT FEET IN FAVOR 216.00 76.60%
TOTAL FRONT FEET IN FAVOR 282.00 100.00%
TOTALS 66.00 0.00
TABULATED AS OF: 05:06 PM 2/12/2008 5:06 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Dale
Commission Meeting Date: January 22, 2008
Date: January 11, 2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance - WM, Waterfront
Marine Districts, Special Land Uses Permitted
SUMMARY OF REQUEST:
Request to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Wate1front
Marine Districts) to allow an additional special land use.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to allow an additional special land use
in the WM, Waterfront Marine zoning district.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 1/10 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.
1/11/2008
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January I 0, 2008
Hearing; Case 2008-01: Staff initiated request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX, (WM, Waterfront Marine Districts), of the zoning ordinance, to
add museums as a special land use in an WM district.
BACKGROUND
Currently, museums are allowed only in B-3, Central Business and OSR, Open Space
Recreation zoning districts, and then only with a special land use permit. The Preamble of
the Waterfront Marine district states that the districts "are designed to accommodate
boating and water oriented land and building use along with those activities and services
related to harbor and waterway improvements. " Therefore, adding this use seems to
compliment other uses already allowed in a Waterfront Marine district, which include
marinas, restaurants, and hotels, to name a few. Some of these uses, and others allowed
with a special land use permit, add character and attract tourists, and allow our area
residents to enjoy more use of our lakefront properties.
Adding museums as a special land use in the Waterfront Marine zoning district would
allow the Milwaukee Clipper, or any other museum ship, to dock at any port located within
a Waterfront Marine zoning district, with whatever conditions Planning Commission would
want to impose. It would also allow any other type of museum to locate on any property
within a Waterfront Marine zoning district, upon securing a special land use permit from
the Planning Commission.
NEW LANGUAGE
Deletions are erossed oH{ and additions are in bold:
Section 190 I, new #6
6. Museums
DELIBERATION
I move that the amendments to Section 190 I, of Article XIX, WM, Waterfront Marine
Districts, of the City of Muskegon Zoning Ordinance to add museums as a special land use
in a WM, Waterfront Marine District, be recommended to the City Commission for
(approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX
{WM, Waterfront Marine Districts), to allow an additional special land use.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
Section 1901, new #6
6. Museums
This ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Effective Date: - - - - - - - - - - - - - - - - - - -
First Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By:--------------
Ann Marie Becker, MMC, City Clerk
3
Commission Meeting Date: January 22, 2008 - Zoning Ordinance Amendment- WM Special Uses
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of January, 2008, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: _ _ _ _ _ _ _, 2008.
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
4
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 22, 2008, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront
Marine Districts) adding language to allow an additional special land use in the WM, Waterfront
Marine District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published _ _ _ _ _ _ _ _, 2008. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Ann Malie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
AGENDA ITEM NO. _ _ _ _ __
CITY COMMISSION MEETING
TO Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE January 29, 2008
Sale of Property to the County of Muskegon
SUMMARY OF REQUEST:
To approve the sale of property to the County of Muskegon for the construction of mental health
facilities.
FINANCIAL IMPACT:
The sale is for $1.00.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION:
To approve the sale and authorize the Mayor to execute the attached Purchase Agreement and
Quit Claim deed.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\SALE PROP TO CO 012908
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT, dated the I,) f/2 day of
2008, by and between the COUNTY OF MUSKEGON, a Michigan municipal
corporation, having an address at 990 Terrace Street, Muskegon, Michigan 49942 (the
"Purchaser") and the CITY OF MUSKEGON, a Michigan municipal corporation, having
an address at 933 Terrace Street, Muskegon, Michigan 49442, (the "Seller").
1.0 Property to be Purchased. On and subject to the terms and conditions
hereinafter set forth, Seller hereby agrees to sell to Purchaser and Purchaser
hereby agrees to purchase from Seller, the parcel of real property situated in the
City of Muskegon, County of Muskegon, State of Michigan, which is legally
described below:
The North 1/2 of Lot 6, Block 213, Revised Plat of 1903, City of Muskegon,
Muskegon County, Michigan.
2.0 Purchase Price. The purchase price of the premises (the "Purchase Price") shall
be One Dollar ($1.00).
2.1 Terms of Payment. Purchaser shall pay the full Purchase Price to Seller
upon execution and delivery of a quit claim deed subject to the conditions
set forth herein.
3.0 Title to Premises. Purchaser agrees to accept title to said property, subject to
applicable zoning ordinances.
4.0 Title. Seller shall convey good and marketable fee simple title to the premises to
Purchaser by general quit claim deed (the "Deed"). The deed shall recite nominal
consideration.
5.0 Representations and Warranties. This sale is made "as is" with all faults.
SELLER MAKES NO WARRANTIES (INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH RESPECT TO SAID PROPERTY.
6.0 Conditions to Purchaser's Obligations to Close
6.1 The obligation of Purchaser to consummate the transaction contemplated
by this Agreement is conditioned upon the fulfillment of each of the
following conditions as of the Closing Date (all or any portion of which may
be waived in whole or in part by Purchaser at or prior to the Closing Date).
C:\Documents and Settings\jcs\Loca\ Settings\Temporary Internet Fi\es\OLKl \purchaseagreement cityofmuskegonl-14-08.doc
6.1.1 Seller shall have performed, observed and complied with all of the
covenants, agreements and conditions required by this Agreement
to be performed, observed and complied with by Seller prior to or
as of the Closing Date as and when required;
6.1.2 All Governmental Approvals shall have been obtained.
6.2 It is understood that the parties are entering into this Agreement with
the understanding that it is the Purchaser's intent to construct a
mental health facility, and no other purchase, within five (5) years of
the date of closing. It is further understood that should Purchaser fail
to construct a mental health facility within five (5) years that the
property, which is the subject of this Agreement, will revert back to
Seller.
7.0 Conditions of Seller's Obligations to Close.
7.1 The obligation of Seller to consummate the transaction contemplated by
this Agreement is conditioned upon the fulfillment of each of the following
conditions as of the Closing Date (all of any portion of which may be
waived in whole or in part by Seller at or prior to the Closing Date).
7.1.1 A quit claim deed in recordable form as required by Section 4.0 of
this Agreement.
7.1.2 Seller shall have performed, observed and complied with all the
covenants, agreements and conditions required by this Agreement
to be performed, observed and complied with by Purchaser prior to
or as of the Closing Date as and when required.
8.0 Closing. Closing shall be held within thirty (30) calendar days after the closing
documents are ready. If the Closing of the sale is delayed by reasons of delays
in title work, required inspection, surveying or by title defects which can readily
be corrected the date of closing but is delayed in consummation of the security
transactions, then an extension of thirty (30) calendar days shall be allowed for
closing.
8.1 The closing shall take place at a location to be determined by the parties.
9.0 Possession. Possession of the property described in 1.0 above shall be
immediate upon closing.
10.0 Assignment. Purchaser shall not have the right to assign its rights under this
Agreement without the consent of the Seller.
C:\Documents and Settings~cs\Local Scttings\Temporary Internet Files\OLKI \purchaseagreement cityofinuskegonl - 14-08.doc 2
11.0 Counterparts. This Agreement may be executed in counterparts and all such
counterparts shall constitute one agreement, binding on all the parties,
notwithstanding that all the parties are not signatories to the same counterpart.
12.0 Execution Date. The term "Execution Date" as used herein shall mean the later
of the dates on which Seller and Purchaser executed this Agreement.
13.0 SuNival. The terms and conditions of this Purchase Agreement shall suNive
closing.
14.0 Governing Law. This Purchase Agreement shall be construed in accordance
with and governed by the laws of the State of Michigan with the exception that
the terms used in this Purchase Agreement shall be given their common and
ordinary meaning and shall not be construed against either party.
15.0 Amendments. This Purchase Agreement may be amended or modified only by a
document in writing executed by each of the parties who are signatories to this
document, or their successors.
16.0 This Purchase Agreement shall remain valid until February 29, 2008.
PURCHASER:
COUNTY OF MUSKEGON
By~·::~, ey<-,-.,:.,·•':. - ~ \._____
~ames J. erezinski, Chai erson
Muskegon County'Board of
Commissioners · ·· ···
SELLER:
CITY OF MUSKEGON
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QUIT CLAIM DEED
The Grantor, the City of Muskegon, whose street number and post office address is 933 Terrace Street, Muskegon, MI 49442,
QUIT CLAIMS to the County of Muskegon, whose street number and post office address is 990 Terrace Street, Muskegon, MI 49442, the
following described premises located in the City of Muskegon, County of Muskegon, State of Michigan to-wit:
The North½ of Lot 6, Block 213, Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan.
Subject to easements, restrictions, encumbrances and reservations of record;
For the sum of One Dollar and 00/100 ($1.00).
This deed is exempt from transfer tax by reason ofMSA 7.456(5)(a) and MCL 207.526 Sec. 6(a).
The Granter grants to the Grantee all of their subdivision rights under Section 108 of the Land Division Act, Act No. 288 of the Public Acts
of 1967.
This property may be located within the vicinity of farmland or farm operation. Generally accepted agricultural and management practices
which may generate noise, dust odors and other associated conditions may be used and are protected by the Michigan right to farm act.
Dated this _ _ day of _ _ _ _ _ _~ 2008
SIGNED AND SEALED:
CITY OF MUSKEGON···J
~--- /\\(\
By: :·
-·----
'>:#;, " -Q-•=·· --=--·
'Stejihe J. Wa"\lington, Its Mayor
STATE OF MICHIGAN \.._ ___ ··- _ ___..,,,,
)
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me by Stephen J. Warmington, Mayor of the City of Muskegon on
behalfofthe City, this / frh day of hdru ar v , 2008.
iY
L,ndo.. /lo rt-er
Notary Public, State of Michigan
County of Muskegon
My Commission Expires: '/· ;;i.:,-,;/.0 I :Z,
Acting in the County of Muskegon
Prepared by: After recording return to:
WILLIAMS, HUGHES & COOK, PLLC Theodore N. Williams, Jr.
By: Theodore N. Williams, Jr. (P32291) P.O. Box 599
120 West Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599
Muskegon,MI 49443-0599
Telephone: (23 l) 728-1 I 11 Subsequent Tax Bills to:
Commission Meeting Date: February 12, 2008
Date: February 1, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cK
RE: Muskegon Events Committee
SUMMARY OF REQUEST: A group of City Staff and representatives from Walker
Arena and the Convention & Visitors Bureau (CVB), have been meeting to plan
events for Muskegon. The goal of the Committee is to provide residents of the area
with events to attend and participate in, and to bring visitors to the area to enjoy
Muskegon's natural resources, entertainment, dining, accommodations and shopping
opportunities. Generating major events in the City will also create better usage of our
City facilities (e.g., Walker Arena, beaches, parks). At this time, the Events
Committee requests that the City Commission formally recognize the group as a
Committee. This will assist in public relations, marketing and fundraising efforts.
FINANCIAL IMPACT: None, at this time. However, with major events being
generated in our community, the City will gain financially from visitors to the area
through revenues at the various venues offered (e.g, restaurants, hotels,
entertainment facilities).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To formally recognize the Muskegon Events
Committee. Members currently consist of: Jill Foreman (CVB), Tony Lisman
(Walker Arena), Ann Becker, Cathy Brubaker-Clarke, Lowell Kirksey, Bob Kuhn,
Bryon Mazade, Tim Paul, Doug Salyes, and Bernadette Young. Additional members
may be added, depending on the events being developed/coordinated.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
February 6, 2008
Addition to 2008 Street Construction Plan - Beidler Street
SUMMARY OF REQUEST:
To approve amending the 2008 street construction plan to add Beidler Street between Laketon
and Southern Avenues. Funds have become available to do this project because Harbortowne
Circle and Vincent Drive were dropped for the 2008 construction season.
FINANCIAL IMPACT:
Approximately $575,000.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\2008 CONSTRCTN PLAN ADDTN, BEIDLER ST 020608
MEMORANDUM
To: Bryan Mazade, City Manager
From: Mohammed Al-Shatel, City Engineer -(1,\. S~
Date: January 7, 2008
Re: Withdrawal Special assessment Petition for Harbour Town Circle
In light of Harbour Town Condo association's request to remove the proposed street
paving from the adopted 2008 budget I offer the following should the City Commission
decide to concur with the request;
Consider using the budgeted amount of$490,000 to construct one of the following
projects which have already been surveyed and designed:
• Beidler between Laketon & Southern
• Ridge between Cumberland & Wickham
• Hackley between Hudson & Seaway
• Palmer between Laketon & Southern
All four (4) of the above mentioned projects were designed during the recent past but
were not constructed for a variety of reasons ranging from not passing the special
assessment district to availability of funds. The need for minimal engineering work
makes any one of those projects an ideal substitute since the cost to construct would be
within the budgeted amount in the street fund and would require a minor adjustment to
the struggling sewer fund.
Beidler street was designed and presented to the City Commission in 2004. At that time,
owners of 78% of assessable footage opposed the then proposed assessment and a district
was never created. The estimated cost of the project is $575,000 of which $327,000
street, $220,000 water and $23,000 sanitary. This project would be staffs
recommendation since the road surface is the worst.
Ridge street was designed and presented to the City Commission in 2004. At that time,
owners of 63% of assessable footage opposed the then proposed assessment and a district
was never created. The estimated cost of the project is $125,000 street funds.
Hackley street was designed and presented to the City Commission in 2003. At that
time, owners of 62% of assessable footage opposed the then proposed assessment and a
district was never created. The estimated cost of the project is $425,000 of which
$175,000 street, $225,000 water. If my memory services me correctly, most objections
were based on the on-going construction of the apartment complex on Hackley which
have since been completed.
Palmer street was designed but never made the approved budget due to availability of
funds. The estimated cost of the project is $675,000 of which $500,000 street, $160,000
water and $15,000 sanitary (as best as we can tell at this time without televising).
MUNICIPAL SERVICES AGREEMENT
This Municipal Services Agreement (the "MSA" or "Agreement 11 is made this )
12 day of February. 2008, by and between City of Muskegon, Michigan, (the "City"),
th
and the Lac Viuex Desert Band of Lake Superior Chippewa Indians (the "Tribe"), with
reference to the following;
RECITALS
WHEREAS, the Tribe is a federally recognized Indian tribe; and
WHEREAS, the Tribe has or will own a parcel of real property located within the
City in fee simple known as Terrace Pointe, which is the former SPX Headquarters (the
"Property") (a legal description of the Property is attached hereto and incorporated herein
as Exhibit I); and
WHEREAS, the Property constitutes "Indian lands" of the Tribe within the scope
and meaning of the Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 2701 et seq. (the
"IGRA"), and will therefore be eligible for gaming, consisting of an estimated 1,500
Class III electronic games of chance and 8 table games, pursuant to and in accordance
with the terms and provisions of the IGRA; and
WHEREAS, the Tribe has dete1mined that the development, construction and
operation of the Project, as defined below, pursuant to and in accordance with the tem1s
and provisions of the IGRA is an important tribal government project which is intended
to improve the economic condition of the Tribe and its members, increase tribal revenues,
enhance the Tribe's economic self-sufficiency, and enable the Tribe to better serve the
social, economic, educational and health needs of the Tribe's members; and
WHEREAS, pursuant to Article IV, Section lof the Constitution of the Lac
Viuex Desert Band of Lake Superior Chippewa Indians, the Tribal Council of the Tribe
(the "Tribal Council") is the duly authorized governing body of the Tribe empowered to
fully exercise governmental responsibilities, to make tribal policy, pass Tribal codes and
ordinances and approve contracts, and carry out Tribal business on the Tribe's behalf;
and
WHEREAS, the Tribe recognizes that significant law enforcement, fire
protection, emergency service responders and public works will be required by the
Tribe's development, construction, operation and maintenance of the Project; and
WHEREAS, although not legally required to do so, the Tribe nevertheless desires
to make voluntary contributions to the City to mitigate potential impacts of the Tribe's
development, construction, operation and maintenance of the Project; and
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WHEREAS, the City is willing to provide the governmental services to the Tribe
and the Property as set forth herein, and desires to establish a cooperative and mutually
respectful government-to-government relationship with the Tribe and to address other
governmental issues of mutual interest to the City and the Tribe.
WHEREAS, the Tribe has agreed to grant a limited waiver of its sovereign
immunity and to the resolution of disputes with the City under this MSA as set forth
below and has taken all action necessary under the laws of the Tribe to grant such waiver
of its sovereign immunity and consent to jurisdiction as set forth in this MSA.
NOW, THEREFORE, the Parties hereby agree as follows:
ARTICLE I
SCOPE AND DEFINITIONS
Section 1.1 Scope of Agreement. This Agreement describes the services the
City will provide to the Tribe and to the Property in connection with the Tribe's
development, construction, operation and maintenance of the Project, and the payments
the Tribe will make to or on behalf of the City in consideration of such services and to
otherwise mitigate any impacts which the Tribe's development, construction, operation
and maintenance of the Project may have on the City. Such services include, without
limitation, law enforcement, fire protection, emergency response, public works and other
City services. The Tribe warrants and represents to the City that the Tribe, with the
exception of the Property, will not acquire title to any other parcel of real property
located within the external boundaries of the City. The Parties expressly acknowledge
and agree that this Agreement shall apply solely and exclusively to the Property, and the
Tribe represents and warrants to the City that it shall not seek to apply this Agreement, or
any terms or provisions hereof, to any other parcel of real property located within the
external boundaries of the City which the Tribe may acquire title to in the future.
Section 1.2 The Project and Operations. The Tribe's anticipated use of
the Property consists of the construction and operation of a project (the "Project"),
comprised of a gaming facility and associated amenities and administrative and support
facilities (the "Gaming Facility"). The Tribe warrants and represents to the City that the
Tribe shall, as soon as reasonably practical prior to the anticipated commencement of
construction of the Project, provide the City with an operational plan (the "Operational
Plan") describing the operation of the Gaming Facility in sufficient detail to permit the
detennination of the nature and extent of City and other govermnental services needed or
useful for the operation of the Gaming Facility. The Parties expressly acknowledge and
agree that the Operational Plan will contain information which is permitted to be omitted
from any request for information pursuant to the Michigan Freedom of Information Act,
MCL 15.231 et seq, as amended. The City agrees that notwithstanding any term or
provision of this Agreement to the contrary, if the Tribe, prior to presentation of the
Operational Plan to the City pursuant to this Section 1.2, reasonably determines that the
Operational Plan contains proprietary commercial information which would not be
exempt from disclosure by the City pursuant to Michigan Freedom of Information Act,
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the Tribe shall provide the City with a copy of the Operational Plan with such proprietary
commercial information redacted and afford the City a reasonable opportunity to inspect,
without making any copies thereof, the unredacted Operational Plan. Upon the Tribe's
presentation of the Operational Plan to the City, the Parties shall, for a period of thirty
(30) days, provide copies of the Operational Plan to any other political subdivision of the
State which requests copies of the Operational Plan and which the Parties reasonably
agree has a governmental interest in the Operational Plan, provided, however, that prior
to receiving a copy of the Operational Plan such governmental unit must execute and
deliver to the Parties a written ce1iification acknowledging receipt of Article XI of this
Agreement and expressly agreeing to be bound by the terms and provisions of Article XI
of this Agreement. Such other governmental unit's right to receive copies of the
Operational Plan shall be subject to the same restrictions with respect to proprietary
commercial information contained in the Operational Plan as this Section 1.2 imposes on
the City's right to receive and inspect the Operational Plan.
Except as expressly and explicitly provided for in this Agreement, nothing
contained in this Section is intended or shall be construed as the Tribe granting or
consenting to any jurisdiction of the State or any political subdivisions thereof over the
Tribe, the Property, the Project, or the design, development, construction, operation or
maintenance of any improvements on the Property. Except as expressly and explicitly
provided for in this Agreement, nothing contained in this Section is intended or shall be
construed as granting the State or any political subdivision thereof any approval authority
with respect to any aspect of the Project or the Operational Plan.
Section 1.3 Definitions. All capitalized words and terms used in this
Agreement shall have the meanings set forth herein. All references in this Agreement to
any agreement or instrument shall include such agreement or instrument as the same may
be amended, restated, modified, supplemented, replaced or substituted from time to time.
Such definitions shall be equally applicable to both singular and plural forms of any of
the words and terms therein defined.
Section 1.4 Tribal-State Compact. The Parties acknowledge that on or about
August 20, 1993, pursuant to the Consent Judgment of the same date entered in Sault Ste.
Marie Tribe of Chippewa Indians, et al. v. Engler, Civ. No. 1:90 CV 611 (W.D. Mich),
the Tribe executed and entered into a Tribal-State Compact with the State of Michigan
pursuant to and in accordance with the terms and provisions of the IGRA (the Consent
Judgment and the Tribal-State Compact collectively referred to herein as the "Compact").
Subject to applicable Federal law, this MSA is independent of the Tribal-State Compact
and the obligations of the Tribe under any such Compact. The Tribal-State Compact is
not intended and shall not be construed to amend, modify, change, alter or supplement
any term or provision of this MSA, or the rights and obligations of the Parties hereunder.
Similarly, this MSA is not intended and shall not be construed to amend, modify, change,
alter or supplement any term or provision of the Tribal-State Compact or the rights and
obligations of the parties thereunder.
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ARTICLE II
SERVICES PROVIDED
Section 2.1 Law Enforcement.
Section 2.l(a). Applicable Criminal Law. The City of Muskegon Police
Department ("Muskegon P.D.") shall retain jurisdiction over the enforcement of
Michigan criminal laws on the Property pursuant to and in accordance with applicable
Federal law. The Parties agree, however, that the Tribe will have primary responsibility
for maintaining order and safety on the Property and in improvements constructed on the
Property, through the Lac Viuex Desert Chippewa Tribal Police Department (the
"LVDPD") and the Facility Security Force (the "Facility Security") (collectively, the
"Tribal Law Enforcement Agencies"), in full cooperation with the Muskegon P.D. The
Muskegon P .D. will be responsible for apprehension and atTest of persons engaged in
suspected criminal activity pursuant to applicable Federal law. Nothing contained in this
Agreement or any agreement, contract, understanding or document between the Parties
executed pursuant to the terms and provisions of this Agreement is intended or shall be
construed as expanding the jurisdiction of the Muskegon P.D. beyond the jurisdiction the
Muskegon P.D. would exercise over the Property pursuant to applicable Federal law in
the absence of this Agreement and any other agreement, contract, understanding or
document which the Parties execute pursuant to and in accordance with the terms and
provisions hereof.
Section 2.1 (b ). Cooperative Law Enforcement Agreement.
Notwithstanding the generality of Section 2.l(a) of this Agreement or any term or
provision of this Agreement to the contrary, the Parties acknowledge and agree that the
Tribe's intended use of the Property for the development, construction, operation and
maintenance of the Project will present public safety and law enforcement issues which
will require the coordinated efforts of both the Muskegon PD.and Tribal Law
Enforcement Agencies. The Parties warrant and represent to each other that within thirty
(30) days after the expiration of the thhty (30) day period provided for in Section 1.2 of
this Agreement, the Parties hall meet and enter into good faith negotiations for the
purposes of entering into a Cooperative Law Enforcement Agreement (a "CLEA") which
shall address in detail the rights, responsibilities and authority of the Muskegon P .D. and
the Tribal Law Enforcement Agencies with respect to the provision of public safety and
law enforcement services to the Propetty. The CLEA shall address, among other things,
(i) all operational issues which the Law Enforcement Agencies deem reasonable and
necessary for the provision of law enforcement services on the Property, including,
without limitation, staffing and scheduling matters, protocols for apprehension, detention
and transfer of detainees and for the conduct of investigations involving activities
occurring on the Property, (ii) the Tribe, or an instrumentality thereof, to develop and
conduct, at its own expense, a training program focusing on Federal, Tribal and State
Gaming Laws which shall be available for any member of the Muskegon P.D., (iii) the
Tribe's allocation of space within the Gaming Facility for use by the Muskegon P.D.,
subject to the reasonable concerns of the Facility Security designed to preserve the
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integrity of the operations of the Gaming Facility (iv) a quick connect between the
Facility Security Dispatch Center and the Muskegon P.D., (v) reimbursement to the City,
without mark-up, of fees paid to Muskegon County or other agencies for transport or
booking or similar services ("Incident Dependent Fees"), (vi) CCTV monitoring of the
Gaming Facility parking areas, (vii) a process for the Tribal Law Enforcement Agencies
to report all criminal activity occurring on the Property, or criminal activity actually
observed to occur off of the Property, to the Muskegon P.D. in a timely manner, and (viii)
a process for the Tribal Gaming Commission to provide the Muskegon P.D. with periodic
reports of all licenses issued by the Tribal Gaming Commission pursuant to the Tribal
Gaming Ordinance. Notwithstanding the generality of the foregoing, any term or
provision of this Agreement or the CLEA or applicable law to the contrary, the Parties
warrant and represent to each other that the CLEA shall provide that prior to entering the
Gaming Facility, for the purpose of investigating or enforcing state criminal laws, the
Muskegon P.D. hall provide the Director of Facility Security and the Chief of the
L VDPD with reasonable notice of its intention to enter the Gaming Facility, and shall
coordinate with such Tribal officers to ensure the integrity of Gaming Facility operations,
except when, in the good faith and reasonable judgment of the law enforcement officers
involved, their safety, or the safety of patrons or employees of the Gaming Facility, or the
integrity of an investigation or enforcement action, would be materially compromised by
doing so. The CLEA shall provide that, at a minimum, the City will provide to and for
the benefit of the Gaming Facility law enforcement services of the same quality and
general responsiveness as are provided to commercial establishments in the City. When
agreed to, the CLEA shall be deemed incorporated into, and made a part of, this
Agreement. As used herein, the term "this Agreement" means and includes the CLEA.
Notwithstanding any term or provision of this Agreement to the contrary, the
Parties expressly warrant and represent that the CLEA, with the exception of any
payments, costs or expenses provided for in Article III of this Agreement, any Incident
Dependent Fees, and any charges, fees or expenses the Tribe incurs pursuant to and in
accordance with Section 2.6 of this Agreement, shall not provide for any payment by the
Tribe, the Gaming Facility, the Project, the LVDPD, the Facility Security or any other
person or entity associated with the development, financing, construction, maintenance,
management or operation of the Property, Gaming Facility, or the Project to the City or
the Muskegon P.D., or any agency or instrumentality of any of the foregoing, it being the
express and explicit agreement of the Parties that the payments provided for in Article III
of this Agreement, fees paid under Section 2.6, and any Incident Dependent Fees are
intended and shall be construed as the sole and exclusive compensation to the City and
the Muskegon P.D. for the provision of law enforcement services pursuant to the terms
and provisions of this Agreement.
Section 2.l(c). Law Enforcement Requirements. The Parties
acknowledge and agree that the City and/or the Muskegon P.D. may reasonably require
additional law enforcement infrastructure, equipment and personnel in order to
adequately perform any of the public safety or law enforcement functions which the City
has under existing applicable law or assumes pursuant to and in accordance with this
Agreement or the CLEA (the "Law Enforcement Improvements"). Notwithstanding the
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generality of the foregoing, or any term or provision of this Agreement or the CLEA to
the contrary, the City expressly warrants and represents to the Tribe that the City shall
use funds it receives pursuant to Section 3.1 of this Agreement to acquire and maintain
such Law Enforcement Improvements as the City, in its reasonable discretion, deems
necessary in order to adequately perform any of the public safety or law enforcement
functions which the City has under existing applicable law or assumes pursuant to and in
accordance with this Agreement or the CLEA. The Parties warrant and represent that
nothing contained in this Agreement or in the CLEA is intended or shall be construed as
limiting the City's use of any Law Enforcement Improvement in any manner whatsoever,
it being the express and explicit intentions of the Parties that such Law Enforcement
Improvements will be used by the City to respond to law enforcement and public safety
related events other than at the Project.
The City further warrants and represents to the Tribe that (i) all Law Enforcement
Improvements which the City acquires with funds it receives pursuant to Section 3.I of
this Agreement shall be of substantially the same quality as those maintained by the
Muskegon P.D. at the time of acquisition, provided, however, that nothing contained
herein is intended or shall be construed as limiting or restricting the method, manner or
procedures by which the City acquires such Improvements, (ii) the City, through the
Muskegon P.D., shall, at their own cost and expense, properly maintain in good working
order and repair any Law Enforcement Improvements which the Muskegon P.D.
acquires with funds the City receives pursuant to Section 3 .1 of this Agreement, and (iii)
that Muskegon P .D. officers providing law enforcement services to the Property will
meet the same qualifications as all other members of the Muskegon P.D., and will be
compensated and equipped on the same basis as other officers employed by the
Muskegon P.D.
Additionally, the Pmiies expressly and explicitly warrant and represent to each
other that the CLEA , shall not provide for any payment by the Tribe, the Gaming
Facility, the Project, the LVDPD, the Facility Security or any other person or entity
associated with the development, financing, construction, maintenance, management or
operation of the Property, Gaming Facility, or the Project to the City, the Muskegon P.D.
or any agency or instrumentality of any of the foregoing, for or in connection with the
acquisition, updating, modernization or supplementation of any Law Enforcement
Improvement, it being the express and explicit agreement of the Parties that the
payments provided for in Section 3.1 of this Agreement are intended as the sole and
exclusive compensation to the City, the Muskegon P.D., all and any agency or
instrumentality of any of the foregoing for the acquisition, updating, modernization or
supplementation of any Law Enforcement Improvements the Muskegon P.D. requires as
a result of the development and operation of the Project. Neither this Agreement nor the
CLEA shall create or imply any obligation of the Tribe to pay any amount whatsoever to
any other non-tribal law enforcement agency, other than the Muskegon P.D., for the
acquisition, updating, modernization or supplementation of any law enforcement
improvements any such agency requires as a result of the development and operation of
the Project.
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Section 2.2 Fire Protection and Emergency Response Services.
Section 2.2(a) Fire Protection and Emergency Response The Parties
acknowledge and agree that the Tribe's development, construction, operation and
maintenance of the Project will require significant fire protection and emergency
response services. The Tribe warrants and represents to the City that the Tribe shall enact
a Tribal Ordinance, pursuant to and in accordance with the Constitution of the Lac Viuex
Desert Band of Lake Superior Chippewa Indians, identical to, other than modifying the
name of the govermnental entity, Section 30-1 and Sections 30-91 through 30-95 of
Chapter 30 of the City of Muskegon Code of Ordinances, as of the date construction of
the Project commences, a copy of which is attached hereto and incorporated herein as
Exhibit I (the "Fire Prevention and Protection Code"). The Tribe further warrants and
represents to the City that the Tribe shall establish an Office of Fire Prevention and
Protection for purposes of enforcing the Fire Prevention and Protection Code.
The Parties warrant and represent to each other that not later than thirty (30) days
after the expiration of the thirty (30) day period provided for in Section 1.2 of this
Agreement, the Parties shall meet and enter into good faith negotiations for the purposes
of entering into a Fire Protection and Emergency Response Agreement (a "FPERA"),
which shall detail the fire protection and emergency response services which the City,
through the Muskegon City Fire Department (the "Muskegon F.D.") shall provide to the
Tribe, the Prope1iy and the Project to adequately ensure the health, safety and welfare of
the general public and the preservation of the Project and assets of the Tribe located on
the Property. The FPERA shall address, among other things, all operational issues which
the Parties deem reasonable and necessary for the provision of fire protection and
emergency response services to the Property, including, without limitation, (i) staffing
and scheduling issues, (ii) the development of a pre-fire plan designed to familiarize the
Muskegon F.D. with the Property and all improvements constructed on the Prope1iy,
including, without limitation, the Gaming Facility, (iii) the Tribe's provision of as built
designs and plans for all improvements constructed on the Property, (iv) Muskegon F.D.
practice drills, (v) the development of a Fire Disaster Management Plan, (vi) periodic
inspections of all improvements constructed on the Property, (vii) the conduct of any
activities occurring on the Prope1iy reasonably related to the City's provision of fire
protection and emergency response services to the Property, and (viii) the establishment,
organization and staffing of the Tribal Office of Fire Prevention and Protection. The
FPERA shall provide that, at a minimum, the City will provide to and for the benefit of
the Gaming Facility fire protection and emergency response services of the same quality
and general responsiveness as are provided to conunercial establishments in the City of
Muskegon. When agreed to, the FPERA shall be deemed incorporated into, and made a
part of, this Agreement. As used herein, the term "this Agreement" means and includes
the FPERA.
Notwithstanding any term or provision of this Agreement or the FPERA to the
contrary, with respect to any periodic inspections conducted by or on behalf of the City
pursuant to this Agreement or the FPERA, the City shall provide the Tribe with
reasonable notice of its intent to enter the Gaming Facility for the purpose of conducting
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an inspection authorized by this Agreement or the FPERA, and shall coordinate such
inspections with the Tribe's Office of Fire Prevention and Protection and Facility
Security to ensure the integrity of Gaming Facility operations. The Muskegon F.D. shall
promptly provide the Tribe's Office of Fire Prevention and Protection with true and
complete copies of any report the Muskegon F.D. prepares following any inspection of
the Gaming Facility, and the Tribe warrants and represents to the City that the Tribe shall
implement commercially reasonable recommendations contained in such report.
Notwithstanding the generality of the foregoing, enforcement of the Tribe's Fire
Protection and Prevention Code shall be within the reasonable discretion of the Tribe's
Office of Fire Prevention and Protection.
Notwithstanding any term or provision of this Agreement to the contrary, the
Paities expressly warrant and represent that the FPERA, with the exception of any
payments, costs or expenses provided for in Article III of this Agreement and any
additional charges, fees or expenses which the Tribe incurs pursuant to and in accordance
with the terms and provisions of Section 2.6 of this Agreement, shall not provide for any
payment by the Tribe, the Gaming Facility, the Project, or any other person or entity
associated with the development, financing, construction, maintenance, management or
operation of the Property, Gaming Facility, or the Project to the City, the Muskegon F.D.
or any agency or instrumentality of any of the foregoing, it being the express and explicit
agreement of the Parties that the payments provided for in Article III of this Agreement
are intended and shall be construed as the sole and exclusive compensation to the City,
the Muskegon F.D., and any agency or instrumentality of any of the foregoing for the
provision of fire protection and emergency response services pursuant to the terms and
provisions of this Agreement.
Section 2.2(b) Fire Protection Improvements. The Paities
acknowledge and agree that the City and/or the Muskegon F.D. may reasonably require
additional fire protection and emergency response infrastructure, equipment and
personnel in order to adequately perform any services the Department undertakes to
provide pursuant to and in accordance with the FPERA (collectively, "Fire Protection
Improvements"). Notwithstanding the generality of the foregoing, or any term or
provision of this Agreement or the FPERA to the contrary, the City expressly warrants
and represents to the Tribe that the City shall use funds it receives pursuant to Section 3.1
of this Agreement to acquire and maintain such Fire Protection Improvements as the
City, in its reasonable discretion, deems necessary in order to adequately perform any of
the fire prevention and protection functions which the City has under existing applicable
law or assumes pursuant to and in accordance with this Agreement or the FPERA. The
Paities warrai1t and represent that nothing contained in this Agreement or in the FPERA
is intended or shall be construed as limiting the City's use of any Fire Protection
Improvement in any man11er whatsoever, it being the express and explicit intentions of
the Parties that such Fire Protection Improvements will be used by the City to respond to
fire and other emergencies other than at the Project.
The City further warrants and represents to the Tribe that (i) all Fire Protection
Improvements which the City acquires with funds the City receives pursuant to Section
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3.1 of this Agreement shall be of substantially the same quality as those maintained by
the Muskegon F.D. at the time of acquisition, provided, however, that nothing contained
herein is intended or shall be construed as limiting or restricting the method, manner or
procedures by which the City acquires such Fire Protection Improvements, (ii) the City,
through the Muskegon F.D., shall, at their own cost and expense, properly maintain in
good working order and repair any Fire Protection Improvements which the Muskegon
F.D. acquires with funds the City receives pursuant to Section 3.l(a) of this Agreement,
and (iii) officers and personnel providing fire protection and emergency response
services to the Prope1iy will meet the same qualifications as all other members of the
Muskegon F.D., and will be compensated arid equipped on the same basis as other
officers employed by the Muskegon F.D.
Additionally, the Parties expressly and explicitly warrant and represent to each
other that the FPERA shall not provide for any payment by the Tribe, the Gaming
Facility, the Project, or any other person or entity associated with the development,
financing, construction, maintenance, management or operation of the Property, Gaming
Facility, or the Project to the City, the Muskegon F.D. or any agency or instrumentality
of any of the foregoing, for or in connection with the acquisition, updating,
modernization or supplementing of any Fire Protection Improvement it being the express
and explicit agreement of the Parties that the payments provided for in Section 3.1 of this
Agreement are intended as the sole and exclusive compensation to the City, the
Muskegon F.D., and any agency or instrumentality of any of the foregoing for the
acquisition, updating, modernization or supplementing of any Fire Protection
Improvements the Muskegon F.D. requires as a result of the development and operation
of the Project. Neither this Agreement nor the FPERA shall create or imply any
obligation of the Tribe to pay any amount whatsoever to any other non-tribal fire
protection or emergency response agency, other than the Muskegon F.D., for the
acquisition, updating, modernization or supplementation of any fire protection
improvements any such agency requires as a result of the development and operation of
the Project.
Section 2.3 Sewer Services and Storm Drainage.
Section 2.3(a) Provision of Sewer Services. The City shall provide
sewage disposal services for the Property through the existing sewer system upon terms
and conditions identical to the terms and conditions, other than the requirements of a
deposit in lieu of the right to lien the Property, upon which the City provides sewer
services to similarly situated commercial users.
Section 2.3(b) Infrastructure and Connection. The Tribe warrants
and represents to the City that the Tribe, at its expense, shall construct or cause to be
constructed all sewer infrastructure or improvements necessary for the Property and all
improvements thereon, including, without limitation, the Gaming Facility, to connect to
the City's existing sewage collection system ("Sewer Improvements"). The Tribe
further warrants and represents to the City that all Sewer Improvements shall be
constructed pursuant to and in accordance with the City's sewer infrastructure standards
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in force at the time such Sewer Improvements are constructed. The Tribe warrants and
represents to the City that it shall not use the Property or any improvements thereon until
the Tribe provides to the City a certificate, issued by a civil engineer licensed in the State
of Michigan, confirming that such Sewer Improvements have been inspected and comply
with the City's sewer infrastructure standards in force at the time such Sewer
Improvements are constructed.
Section 2.3(c) Deposits and Connection Fees. The Tribe warrants and
represents to the City that the Tribe shall, no later than thirty (30) days prior to
commencement of construction of the Project, deposit with the City an amount which the
City reasonable determines will approximate the Project's charges for sewer disposal
services for a three (3) month period. The City shall maintain such deposit as it deems
appropriate, provided, however, that the City may apply such deposit to any bill or
invoice to the Tribe for sewer disposal services which remains unpaid forty-five (45)
days past the date on which such bill or invoice was due and payable. In the event that
the City applies any funds held on deposit to a bill or invoice for sewer disposal services,
the Tribe warrants and represents to the City that the Tribe shall replenish such deposit
account within thirty (30) days after the Tribe's receipt of a request from the City for
replenishment of the deposit.
The Tribe warrants and represents to the City that the Tribe shall pay all fees and
costs associated with connecting the Property and all improvements thereon, including,
without limitation, the Gaming Facility, to the City's existing sewage collection system,
provided, however, that such fees and costs shall not exceed the fees and costs charged to
similarly situated commercial users.
Section 2.3( d) Easements and Maintenance. The Tribe warrants and
represents to the City that the Tribe shall grant to the City such utility easements as are
necessary and reasonable for the City at its own cost, to maintain all Sewer
Improvements in good working order and repair.
Section 2.3(e) Assessments. The Tribe warrants and represents to the
City that the Tribe shall pay an amount equal to any sewer assessments and water
pollution control charges which would be applicable to the Property if title to the
Property was not held by the Tribe. Nothing contained in this Section 2.3 is intended or
shall be construed as a tax upon either the Tribe, the Property or any improvements
constructed thereon, including, without limitation, the Gaming Facility. Further, nothing
contained in this Section is intended or shall be construed as the Tribe granting or
consenting to any jurisdiction of the State of Michigan, or any political subdivision or
local government thereof, including, without limitation, the City over the Property or any
Sewer Improvements constructed thereon.
Section 2.3(1) Nature of Payments. Notwithstanding any term or
provision of this Agreement to the contrary, any payments which the Tribe makes to the
City pursuant to this Section 2.3 shall not be included within any of the payments the
Tribe makes to the City pursuant to Article III of this Agreement, and such payments
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shall be due and payable solely pursuant to and in accordance with the terms and
provisions of this Section 2.3.
Section 2.4 Water Supply
Section 2.4(a) Provision of Services. The City shall provide water
supply for the Property through the City's existing water distribution system upon terms
and conditions identical to the terms and conditions, other than the requirement of a
deposit in lieu of the right to lien the Property, upon which the City provides water
distribution services to similarly situated commercial users.
Section 2.4(b) Infrastructure and connection. The Tribe warrants
and represents to the City that the Tribe shall construct or cause to be constructed all
water infrastructure or improvements necessary for the Property and all improvements
thereon, including, without limitation, the Gaming Facility, to connect to the City's
existing water distribution system ("Water Improvements"). The Tribe further warrants
and represents to the City that all Water Improvements shall be constructed pursuant to
and in accordance with the City's water infrastructure standards in force at the time such
Water Improvements are constructed. The Tribe warrants and represents to the City that
it shall not use the Property or any improvements thereon until the Tribe provides to the
City a certificate, issued by a civil engineer licensed in the State of Michigan,
confirming that such Water Improvements have been inspected and comply with the
City's water infrastructure standards in force at the time such Water Improvements are
constructed.
Section 2.4( c) Deposits and Connection fees. The Tribe warrants and
represents to the City that the Tribe shall, no later than thirty (30) days prior to
commencement of construction of the Project, deposit with the City an amount which the
City reasonable determines will approximate the Project's charges for water services for
a three (3) month period. The City shall maintain such deposit as it deems appropriate,
provided, however, that the City may apply such deposit to any bill or invoice to the
Tribe for water services which remains unpaid fmty-five (45) days past the date on
which such bill or invoice was due and payable. In the event that the City applies any
funds held on deposit to a bill or invoice for water services, the Tribe warrants and
represents to the City that the Tribe shall replenish such deposit account within thirty (30)
days after the Tribe's receipt of a request from the City for an replenishment of the
deposit.
The Tribe warrants and represents to the City that the Tribe shall pay all fees and
costs the City shall charge the Tribe associated with connecting the Property and all
improvements thereon, including, without limitation, the Gaming Facility, to the City's
existing water distribution system, provided, however, that such fees and costs shall not
exceed the fees and costs charged to similarly situated commercial users.
Section 2.4(d) Easements and maintenance. The Tribe warrants and
represents to the City that the Tribe shall dedicate all Water Improvements to the City,
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and shall grant to the City such utility easements as the Parties deem necessary and
reasonable, and shall maintain all Water Improvements in good working order and
repair.
Section 2.4(e) Assessments. The Tribe warrants and represents to the
City that the Tribe shall pay an amount equal to any assessments or other charges the City
would charge similarly situated commercial users which would be applicable to the
Property if title to the Property was not held by the Tribe. Nothing contained in this
Section 2.4 is intended or shall be construed as a tax upon the Tribe, the Property or any
improvements constructed thereon, including, without limitation, the Gaming Facility.
Further, nothing contained in this Section is intended or shall be construed as the Tribe
granting or consenting to any jurisdiction of the State of Michigan, or any political
subdivision or local government thereof, including, without limitation, the City, over the
Property or any Water Improvements constructed thereon.
Section 2.4(t) Nature of Payments. Notwithstanding any term or
provision of this Agreement to the contrary, any payments which the Tribe makes to the
City pursuant to this Section 2.4 shall not be included within any of the payments the
Tribe makes to the City pursuant to Article III of this Agreement, and such payments
shall be due and payable solely pursuant to and in accordance with the terms and
provisions of this Section 2.4.
Section 2.5 Other Utilities (Gas, Electricity and Telephone).
Section 2.S(a) Provision of Services. The Tribe shall use its best efforts
to obtain gas, electric and telephone service for the Property through agreements with
local area providers of such services (collectively, the "Utility Providers"), by connecting
to the existing distribution facilities of such Utility Provider upon terms and conditions
substantially similar to the terms and conditions upon which such Provider provides
utility services to similarly situated commercial users. The Tribe acknowledges that the
City is not responsible for the provision of these services.
Section 2.S(b) Infrastructure and connection. The Tribe warrants
and represents to the City that the Tribe, as part of any agreement with a Utility Provider
shall, at its expense, acquire all easements required, and shall construct or cause to be
constructed all infrastructure or improvements necessary for the Property and all
improvements thereon, including, without limitation, the Gaming Facility, to connect to
the existing distribution systems of the Utility Provider ("Utility Improvements"). The
Tribe further warrants and represents to the City that all Utility Improvements shall be
constructed pursuant to and in accordance with any applicable standards governing the
construction of such Utility Improvements in force at the time such Utility Improvements
are constructed. The Tribe warrants and represents to the City that it shall not use the
Property or any improvements thereon until the Tribe provides to the City and the Utility
Provider a certificate, issued by a civil engineer licensed in the State of Michigan,
confoming that such Utility Improvements have been inspected and comply with any
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applicable standards governing the construction of such Utility Improvements in force at
the time such Utility Improvements are constructed.
Section 2.5(c) Connection fees. The Tribe warrants and
represents to the City that the Tribe shall pay all fees and costs associated with
connecting the Property and all improvements thereon, including, without limitation, the
Gaming Facility, to the existing utility distribution systems of the Utility Providers,
provided, however, that such fees and costs shall not exceed the fees and costs charged to
similarly situated commercial users.
Section 2.5(d) Easements and maintenance. The Tribe warrants
and represents to the City that the Tribe shall dedicate all Utility Improvements to the
specific Utility Providers, and shall grant to the specific Utility Provider such utility
easements as the Parties deem necessary and reasonable. The agreement between the
Tribe and each Utility Providers shall specify the Party to such agreement that will be
responsible for maintaining all Utility Improvements in good working order and repair.
Section 2.5(e) Assessments. The Tribe warrants and represents to
the City that the Tribe shall pay an amount equal to any assessments or other charges the
Utility Providers would charge similarly situated commercial users which would be
applicable to the Property as if title to the Property was not held in the name of the Tribe.
Nothing contained in this Section 2.5 is intended or shall be construed as a tax upon
either the Tribe, the Prope1ty or any improvements constructed thereon, including,
without limitation, the Gaming Facility. Further, nothing contained in this Section is
intended or shall be construed as the Tribe granting or consenting to any jurisdiction of
the State of Michigan, or any political subdivision or local government thereof, including,
without limitation, the City, over the Property or any Utility Improvements constructed
thereon.
Section 2.6. Additional Services. At the request of the Tribe, the Muskegon
P.D., the Muskegon F.D., or other departments of the City will provide additional law
enforcement, safety, fire protection, emergency response, security personnel or other
municipal services for special events and functions occurring at the Project. Where such
additional services are requested and provided, the City Department will bill the Tribe for
the actual costs of providing such services on an open book basis (including, without
limitation, a 15% administrative fee) and shall cooperate with the Tribe in verifying such
costs; provided that, to the extent the City has standard fees charged for such extra
services to other organizations or persons for commercial events and functions, the Tribe
agrees to pay those standard fees for any such services.
The Parties acknowledge and agree that this Section is intended and shall be
construed to apply only for services the Tribe expressly requests of the City for specific,
non-regularly scheduled events or functions, and shall not be used in any way to exceed
or evade the limitations on payments to the City by the Tribe contained in Sections 2.1,
2.2 or in Article III of this Agreement.
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Section 2. 7 Limitation on Jurisdiction, Except as expressly and explicitly
otherwise provided for in this Agreement or by operation of law, nothing in Article 2
shall be deemed to grant the State or any political subdivisions thereof, including, without
limitation, the City, any jurisdiction over the Property, the Tribe or any instrumentality
thereof, the Project, the Gaming Facility or any gaming activity conducted thereby.
ARTICLE III
MITIGATION
Section 3.l(a) Non-Recurring Contributions: In order to mitigate potential
impacts of the Project on the City by providing the City the funds necessary for the City
to provide the services and facilities required to be provided under this Agreement, the
Tribe shall make a non-recurring contribution ("Non-Recurring Payment") to the City or
its designee in the total aggregate amount of Two Million Dollars ($2,000,000.00), in the
manner specified in this Section 3.1. The Non-Recurring Payment to the City shall be
made in five (5) annual installments of $400,000.00, with the first such installment due
and payable no later than sixty (60) days after the Commencement Date, , the second
installment due and payable on the first anniversary of the Commencement Date and each
subsequent installment due on the subsequent anniversary of the Commencement Date.
Notwithstanding any term or provision of this Agreement, the CLEA or the FPERA to
the contrary, the City shall use funds received from the Tribe pursuant to this Section 3.1
in its sole and absolute discretion in any manner related to the payment of outstanding
debt, purchase, acquisition, maintenance, or upgrading of any municipal service.
Section 3.l(b) Conditions Precedent. Notwithstanding any te1m or
provision of this Agreement, the CLEA, the FPERA, or any other agreement, contract,
understanding, document or instrument executed by either of the Parties pursuant to and
in accordance with the te1ms and provisions hereof or thereof, the Tribe's obligation to
pay each and every installment the Non-Recurring Payment to the City pursuant to this
Section 3.1 is expressly and explicitly conditioned upon the satisfaction of each and every
one of the following conditions;
(i) the Parties have executed and entered into the CLEA and the
FPERA, and all other agreements, documents, protocols and
instruments specifically provided for herein or therein;
(ii) (a) the Secretary and/or the Chairman of the NIGC, as
appropriate has either (i) approved this Agreement and all
other agreements, documents, protocols and instruments
necessary to consummate the transactions contemplated
hereunder or thereunder, or (ii) has determined, in writing, that
no such approval is required for such documents to constitute
valid, binding obligations of the Parties enforceable pursuant
to and in accordance with the terms and provisions of such
documents, and (b) legal counsel for the Tribe has opined, in a
form acceptable to the City in its commercially reasonable
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discretion, that, upon the Effective Date, this Agreement shall
constitute a valid, binding obligation of the Tribe, enforceable
pursuant to and in accordance with the terms and provisions
hereof; and
(iii) The Tribe has commenced development and construction of
the Project.
Section 3.2(a) Recurring Contributions: In order to mitigate potential impacts
of the Project on the City arising from the City's provision of the services the City has
assumed and agreed to provide pursuant to and in accordance with the terms and
provisions hereof the Tribe shall, as a government funding mechanism and as payment
for such services, make the annual General Community Benefits Contribution and the
annual Services Contribution to the City or its designee as set forth in this Section 3.2.
Section 3.2(b) Conditions Precedent. Notwithstanding any term or
provision of this Agreement, or any other agreement, contract, understanding, document
or instrument executed by either of the Parties pursuant to and in accordance with the
terms and provisions hereof, the Tribe's obligation to make the Contributions provided
for in this Section 3.2 are expressly and explicitly conditioned upon the satisfaction, of
each and every one of the following conditions;
(i) the Parties have executed and entered into the CLEA and the
FPERA, and all other agreements, documents, protocols and
instruments specifically provided for herein or therein;
(ii)
the Secretary and/or the Chairman of the NIGC, as appropriate has
(a) either (i) approved this Agreement and all other agreements,
documents, protocols and instruments necessary to consummate
the transactions contemplated under this Agreement, or (ii) has
determined, in writing, that no such approval is required for such
documents to constitute valid, binding obligations of the Parties
enforceable pursuant to and in accordance with the terms and
provisions of such documents; and (b) legal counsel for the Tribe
has opined, in a form acceptable to the City in its commercially
reasonable discretion, that, upon the Effective Date, this
Agreement shall constitute a valid, binding obligation of the Tribe,
enforceable pursuant to and in accordance with the terms and
provisions hereof; and
(iii) the Gaming Facility is open for the conduct of gaming by the
general public pursuant to and in accordance with the !ORA (the
"Commencement Date").
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Section 3.2(c) General Community Benefits Contribution. In
consideration of, and to mitigate the potential impacts of the Project on the City, the
Tribe, subject to the satisfaction of the conditions set forth in Section 3.2(b) of this
Agreement, and subject further to Section 8.4 of this Agreement, shall make an annual
contribution to the City in an amount equal to two percent (2%) of the Net Win of the
Gaming Facility derived from all Class III electronic games of chance, as defined under
the Compact (the "General Community Benefits Contribution"). The annual General
Community Benefits Contribution shall be made in twelve (12) equal monthly
installments, and shall be paid in a manner as the City shall reasonably request, with the
first such installment payment due on the first day following the month in which the
Commencement Date occurs. Thereafter, such payments and contributions shall be made
on the first day of each month following the month for which such contribution was due.
For purposes of this Agreement, Net Win is defined as the total amount wagered on each
Class III electronic game of chance, minus the total amount paid to players for winning
wagers at each such Class III electronic game of chance. Notwithstanding the generality
of the foregoing or any other term or provision of this Agreement to the contrary, the
General Community Benefits Contribution provided for in this Section 3.2(c) is intended
and shall be construed to be a payment in addition to any payment which the Tribe shall
make to the City pursuant to and in accordance with the terms and provisions of the
Compact, and the General Community Benefits Contribution provided for in this Section
3.2(c) shall not be reduced or offset against any payment the Tribe makes to the City
pursuant to the Compact. The Tribe's total contribution pursuant to this Section
combined with the payment to the City required by the present or any future Compact
shall be not less than four percent (4%) of the Net Win.
Section 3.2(d) Services Contribution. In consideration of, and to
mitigate the potential impacts of the Project on the City the Tribe, subject to the
satisfaction of the conditions set forth in Section 3.2(b) of this Agreement, and subject
further to Section 8.4 of this Agreement, shall make an quarterly contribution to the City
(the "Services Contribution") in an amount equal to $200 per Class III electronic games
of chance, or games substituted for Class III electronic games of chance, located on the
Prope1ty. The per machine amount shall be adjusted by an amount equal to the
percentage change in the U.S. Department oflabor's Consumer Price index for all Urban
Consumers, U.S. City average for all items (the "CPI-U") between January 1 and the
subsequent January 1. For pui;i:oses of this Section 3.2(d), the Tribe shall advise the City,
in writing, on or before the 51 business day of each quarter, of the number of Class Ill
electronic games of chance located on the Property on the first day of that quarter. The
Services Contribution due and payable for the quarter shall be due and payable within ten
(10) business days after the Tribe provides the City with the written notice of the number
of Class III electronic games of chance located on the Prope1ty provided for herein.
Section 3.3 No other Contributions. With the exception of any
payments which the Tribe may make pursuant to and in accordance with Section 2.6 of
this Agreement, the Paities expressly warrant and represent to each other that (i) the Non-
Recurring Payments the Tribe makes to the City pursuant to Section 3.l(a) of this
Agreement are intended and shall be construed as the sole and exclusive payments or
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contributions which the Tribe shall make to the City in connection with the City's
acquisition, updating, modernization or supplementation of any Law Enforcement or Fire
Protection Improvements necessary for the City to perform the services its has assumed
and agreed to perform pursuant to this Agreement, and (ii) the General Community
Benefits Contributions and the Services Contributions the Tribe makes to the City
pursuant to Section 3.2 of this Agreement are intended and shall be construed as the sole
and exclusive payments and contributions which the Tribe shall make to the City in
consideration for the City providing the services specified in Article II of this Agreement.
The City expressly aclmowledges and agrees that no other payments of any nature (other
than any monetary damages which the City is determined to be entitled to recover in
accordance with Article X of this Agreement) shall be due or payable from the Tribe, or
any instrumentality thereof in connection with the City's performance of the obligations
the City has assumed and agreed to perform hereunder, and, except as expressly provided
for in Section 3 .4 of this Agreement, that the Tribe shall not be required make any
payments, reimbursements, contributions, or investment to, through or on behalf of the
City for any taxes, fees, charges, cost reimbursements, service fees or other assessments,
or pay the City any other contributions or payments in mitigation of any economic or
other impacts of the Project or any other developments on the Property. Further, the City
watTants and represents that, in the absence of a written agreement of the Paities to the
contrary; the City shall be responsible for distribution to various City Departments or
agencies of contributions the Tribe makes pursuant to this Article III.
Section 3.4 Taxation. Notwithstanding any term or prov1s10n of this
Agreement to the contrary, the Parties agree that the Tribe shall pay real property taxes
on the Property in the same manner and amount as if the Property were owned by a
private company. The Parties agree that the Tribe shall not be obligated to pay personal
prope1ty taxes on any personal property located within the Property. The paities agree
that the Tribe shall not pay City income taxes related to its profits earned on the property.
A city resident working at the Property, whether employed by the Tribe or another entity,
shall pay City income tax in the same manner and amount as would any other individual
employed by an entity other than the Tribe. To the extent that the City is legally
permitted, a non-resident of the City working at the Property, whether employed by the
Tribe or another entity, shall pay City income tax in the same manner and amount as
would any other non-resident individual employed by an entity other than the Tribe. The
Tribe commits to withhold City income tax from its employees as any other company
located within the City would be obligated to withhold. The Paities expressly
aclmowledge and agree that, subject to Federal law, with the exception of real property
taxes and assessments, the City shall not charge to, assess against or collect from the
Tribe, the Project, the Property, the Gaming Facility or any assets of any of the foregoing
any other tax, fee, charge or assessment of any nature may be.
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ARTICLE IV
DEVELOPMENT AND CONSTRUCTION OF IMPROVEMENTS
Section 4.1 Building Standards and Enforcement The Tribe
warrants and represents to the City that the Tribe shall enact a Tribal Ordinance, pursuant
to and in accordance with the Constitution of the Lac Viuex Desert Band of Lake
Superior Chippewa Indians, identical to, other than modifying the name of the
governmental entity, Sections 10-31 through 10-60, including the adoption of all State
Construction Codes, Chapter IO of the City of Muskegon Code of Ordinances, as of the
date construction of the Project commences, a copy of which is attached hereto and
incorporated herein as Exhibit 3 (the "Building Code"). The Tribe further warrants and
represents to the City that the Tribe shall establish an Office of Building Standards and
Enforcements for purposes of enforcing the Building Code. Prior to any use or occupancy
of any improvements constructed on the Property, the Tribe, for each such improvement,
shall provide and deliver to the City "as built" plans and a certificate issued by a member
of the International Conference of Building Officials attesting that the subject
improvement complies with the Building Code. Nothing contained in this Section is
intended or shall be construed as the Tribe granting or consenting to any jurisdiction of
the State or any political subdivision or local government thereof over the Property or the
design, development or construction of any improvements on the Property.
ARTICLEV
MAINTENANCE AND OPERATION OF THE PROJECT
Section 5.1 Maintenance and Operation. The Tribe warrants and represents
to the City that the Tribe shall operate the Gaming Facility, and maintain all
improvements constructed on the Property in compliance with the terms and provisions
of the Compact and applicable Federal law, including, without limitation, the IGRA, and
the regulations promulgated thereunder.
Section 5.2 Project Work Force
Section S.2(a) Construction. The Tribe warrants and represents to the
City that the Tribe will cause all contractors providing goods or services in connection
with the construction of any improvements on the Property to ensure that no less than
twenty-five percent (25%) of such contractor's workforce on the Project is comprised of
individuals residing within the City of Muskegon.
Section S.2(b). Equal Opportunity and First Source Agreement The
Tribe agrees that during the operation of the Project there shall be no discrimination on
the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry or
national origin in the hiring, firing, promoting or demoting of any person engaged in the
operation of the Project.
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Prior to the Commencement Date, the Tribe shall enter into a First Source
Agreement with the City which shall provide that, among other things, twenty percent
(20%) of the licensed employees of the Gaming Facility shall be individuals residing
within the City of Muskegon, and fifty percent (50%) of the non-licensed employees of
the Gaming Facility shall be individuals residing within the City of Muskegon. Non-
licensed employees shall mean those employees at the Gaming Facility who are not
required to undergo background checks or to be licensed under the tenns of the Tribal
Gaming Ordinance, any rules of the Tribal Gaming Commission or any applicable .
Compact or Federal law. To facilitate the hiring objectives of the First Source
Agreement, the Tribe shall offer training programs to assist City residents become
qualified for positions at the Gaming Facility to the extent pennitted by applicable law.
Nothing in the First Source Agreement or this Agreement, however, shall be interpreted
to limit or modify in any way the Tribe's policy oflndian preference in employment.
The First Source Agreement shall have such other commercially reasonable provisions as
the Parties may agree upon to facilitate and implement the Program and its purposes. The
First Source Agreement shall establish reasonable measures intended to expand the
Tribe's training programs to remedy any shortfall in meeting the employment goals
contained in this Section. The First Source Agreement shall provide that a willful,
uncured breach by the Tribe shall be an Event of Default under this Agreement.
Section 5.2(c). Worker's Compensation. The Tribe warrants and
represents to the City that the Tribe will comply with all Federal and State laws relating
to worker's compensation insurance in the operation and maintenance of the Gaming
Facility to the same extent as other similarly situated commercial enterprises.
Section 5.2(d). Insurance. The Tribe wairnnts and represents that
prior to the commencement of construction of any improvements on the Property, the
Tribe shall purchase and have in full force and effect at all times during the tenn of this
Agreement an insurance policy with an insurance company having an A.M. Best A rating
or better, having general liability limits no less than Ten Million Dollars ($10,000,000)
per occurrence and Thirty Million Dollars ($30,000,000) in aggregate. All insurance
policies covering the Property or any improvements constructed thereon, including,
without limitation, the Gaming Facility, shall name the City as an additional insured. All
such insurance policies shall contain endorsements that the insurance company will only
plead the defense or affirmative defense of sovereign immunity with respect to any
potential liability in excess of the limits of the insurance coverage available and/or to the
extent that there is no insurance coverage under the policy when defending any state or
federal civil court proceeding on its own behalf, or on behalf of the Tribe or any named
insureds against any claim for personal injury, wrongful death or property damage. True
and correct copies of all applicable insurance policies, and any renewals, endorsements,
amendments and replacements shall be supplied upon issuance to the City directly by the
insurance company in certified form.
Section 5.2 (e) Indemnification The Tribe shall hold the City hannless
and inderrmify the City, its agents, representatives, and employees, against all losses,
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claims, damages, penalties, judgments, liabilities and expenses (i) arising from or in
connection with the execution of this Agreement and any agreements pursuant to this
Agreement, and the City's performance of its obligations under this Agreement, and (ii)
resulting from any action of the Tribe or the failure of the Tribe to take any action which
constitutes, or with the passage of time may constitute an Event of Default hereunder.
The Tribe's indemnification shall include payment of the City's reasonable expenses for
counsel of the City's choice and all costs and charges associated with such litigation
including expert witnesses, consultants, counsel, court costs, arbitration fees. The
obligations of the Parties under this Section shall survive the termination of this
Agreement.
The Tribe warrants and represents to the City that the Tribe shall cause the
Developer of the Project, Cote d' Or, L.L.C., a Michigan limited liability company, and
its individual members, to execnte a guaranty, in form and substance acceptable to the
City in its commercially reasonable discretion, securing the performance of the Tribe's
obligations to the City under this Section 5.2(e), provided, however, that such guaranty
shall terminate and be of no further force and affect from and after the Commencement
Date.
ARTICLE VI
CITY ENDORSEMENT
By executing and entering into this Agreement, the City expressly and
explicitly supports and endorses the Tribe's development, construction and operation of
the Project on the Property. The City requests that (i) the Michigan Congressional
Delegation openly and publicly support and facilitate the Tribe's development and
operation of the Project on the Property, (ii) the members of the Michigan State
Legislature representing the residents of the City openly and publicly support and
facilitate the Tribe's development and operation of the Project on the Property, and (iii)
the Governor of Michigan openly and publicly support and facilitate the Tribe's
development and operation of the Project on the Property. The City warrants and
represents to the Tribe that the City shall take any and all reasonable actions as the Tribe
may request to facilitate the development and operation of the Project on the Property.
ARTICLE VII
REPRESENTATIONS & WARRANTIES
7A. The Tribe represents and warrants to the City that:
7A. I
Existence and Standing. The Tribe is a federally recognized Indian tribe,
as determined by its inclusion in a list of such federally recognized Indian tribes
promulgated by the Assistant Secretary Indian Affairs, [dated July 1, 2002, published in
the Federal Register on July 12, 2002, Volume 67 Number 134 The Tribe is a non-
taxable entity for purposes of Federal income taxation under the Code.
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7A.2 Authority and Compliance with Other Documents. The execution,
delivery and performance by the Tribe of this Agreement have been duly authorized by
all necessary action of the Tribe and do not:
(a) except for any consent or approval required from the BIA or
NIGC, require any consent or approval not yet obtained (including, but not limited to, the
consent of any enrolled Tribal member, any Tribal Council member, any General Council
member, other tribal entity, security holder or creditor);
(b) violate or conflict with any law or other governing documents
of the Tribe or any custom or tradition of the Tribe;
(c) to the best of the Tribe's knowledge, violate any laws
applicable to the Tribe;
(d) result in a breach of or default under, or would, with the giving
of notice or the lapse of time or both, constitute a breach of or default under, or cause or
permit the acceleration of any obligation owed under any agreement or other contractual
obligations to which the Tribe is a party or by which the Tribe or any of its property is
bound or affected, the result of which would have a material adverse effect on the
business or operations of the Gaming Facility; or
(e) except for any consent or approval required from the BIA or
NIGC, require any notice to or consent or approval of any governmental authority agency
not already obtained.
7A.3 Litigation and Contingent Obligations. There is no litigation, arbitration,
governmental investigation, proceeding or inquiry pending or, to the knowledge of any of
their officers or Tribal Council members, threatened against or affecting the Tribe which
could have a material adverse effect on the Tribe's ability to perform its obligations under
this Agreement. The Tribe has no material contingent obligations not provided for or
disclosed in writing to the City.
7A.4 Accuracy of Information. To the best of he Tribe's knowledge, no
info1mation furnished by the Tribe to the City or its attorneys, agents or representatives in
connection with the negotiation of, or compliance with, this Agreement contained any
material misstatement of fact or omitted to state a material fact or any fact necessary to
make the statements contained therein not misleading.
7A.5 Licensure Regnirements. The Tribe has granted, or will grant, to the City,
or exempt the City from, all licensing required under the applicable Tribal law.
7A.6 No Contrary Tribal Law. The Tribe's execution, delivery and
performance of this Agreement shall be approved by resolutions of the Tribal Council,
which shall provide that during the term of this Agreement the Tribe shall enact no law
impairing the obligations of the Tribe and the rights of the City under this Agreement.
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Neither the Tribal Council nor any committee, agency, board or other official body, and no
officer or official of the Tribe shall, by exercise of the police power or otherwise, act to
modify, amend, or in any manner impair the obligations of the Tribe or the rights of the City
under this Agreement. Any such action or attempted action shall constitute an Event of
Default hereunder. However, nothing in this Section shall prevent the Tribe from enforcing
any of its Tribal codes for the purposes of reasonably protecting public health and safety or
the integrity of the gaming operations
7A.7 No Usury Laws. No laws of the Tribe, including usury or other laws,
directly or indirectly limit or otherwise adversely affect the City's ability to timely collect
all amounts due under this Agreement.
7B. The City represents and warrants to the Tribe that:
7B. l Authority and Compliance with Other Documents. The execution by the
City of this Agreement has been duly authorized by all necessary action of the City and
does not, to the best of the City's knowledge:
(a) require any consent or approval not yet obtained (including, but not
limited to, the consent of any official of the City, the State, or any political subdivision
thereof, or any other entity, security holder or creditor);
(b) violate or conflict with any law or other governing documents of the City
or State, or any political subdivision thereof;
(c) violate any laws applicable to the.City;
(d) result in a breach of or default under, or would, with the giving of notice
or the lapse of time or both, constitute a breach of or default under, or cause or permit the
acceleration of any obligation owed under any agreement or other contractual obligations
to which the City is a party or by which the City or any of its property is bound or
affected; or
(e) require any notice to or consent or approval of any governmental authority
agency not already obtained.
7B.2 Binding Obligations. This Agreement has been duly executed and
delivered by the City and constitutes a legal, valid and binding obligation of the City.
7B.3 Ability to Provide Services. The City has the ability to provide the
services described in this Agreement assuming the Tribe makes the Contributions
provided for in Article III hereof.
7B.4 Litigation and Contingent Obligations. Except as has been previously
disclosed in writing to the Tribe, there is no litigation, arbitration, governmental
investigation, proceeding or inquiry pending or, to the knowledge of any of their officers
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or elected officials of the City, threatened against or affecting the City which could have
a material adverse effect on the City's ability to perform its obligations under this
Agreement. Other than any liability incidental to any litigation, arbitration or proceeding
which has been previously disclosed in writing to the Tribe, the City has no material
contingent obligations not provided for or disclosed in writing to the Tribe.
7B.5 Accuracy of Information. To the best of the City's knowledge, no
information furnished by the City to the Tribe or its attorneys, agents or representatives in
connection with the negotiation of, or compliance with, this Agreement contained any
material misstatement of fact or omitted to state a material fact or any fact necessary to
make the statements contained therein not misleading.
7A.6 No Contrary City Law. Neither the City nor any committee, agency, board
or other official body, and no officer or official of the City shall, by exercise of the police
power or otherwise, act to modify, amend, or in any manner impair the obligations of the
City or the rights of the Tribe under this Agreement. Any such action or attempted action
shall constitute an Event of Default hereunder.
ARTICLE VIII
TERM
Section 8.1 Effective Date. This Agreement shall not become effective unless
and until each of the following events has occurred (the "Effective Date"):
I. This Agreement has been approved or ratified by the City Commission approved
as to form by the City's legal counsel, and executed and delivered by the City;
2. This Agreement has been approved or ratified by the Tribal Council, approved as
to form by the Tribe's legal counsel, and executed and delivered by the Tribe;
3. This Agreement has been approved by the Secretary pursuant to 25 U.S.C. §8l(a),
or the Parties have received written notice from the Secretary that approval of this
Agreement is not required for this Agreement to constitute valid, binding obligations of
the Parties enforceable pursuant to the terms and provisions hereof, and legal counsel for
the Tribe has opined, in a form acceptable to the City in its commercially reasonable
discretion, that, upon the Effective Date, this Agreement shall constitute a valid, binding
obligation of the Tribe, enforceable pursuant to and in accordance with the te1ms and
provisions hereof.
Section 8.2 Expiration Date. Subject to Section 8.3 of this Agreement, this
Agreement shall expire on the date of the expiration or termination of the Compact,
including any period for which the Compact is extended. Notwithstanding any term or
provision of this Agreement to the contrary, with the exception of Section 5.2(e), this
Agreement shall terminate and be of no further force or effect whatsoever, if the
Commencement Date does not occur by September I, 2009, at which time the City shall
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have no obligation to provide municipal services to the Property and the Tribe shall have
no obligation to make any of the payments or contributions to the City contained in
Article III of this Agreement; provided, however, that this Agreement shall not te1minate
on September I, 2009 if the Tribe is a Defendant in any judicial or administrative
proceeding involving the Tribe's authority to conduct gaming on the Property pursuant to
and in accordance with the IGRA is pending and the Tribe is diligently defending against
such judicial or administrative proceeding . In the case of the foregoing, this Agreement
shall tenninate either (i) on the date of entry of a final, non-appealable judgment in such
judicial or administrative proceeding determining that the Tribe lacks the authority under
the IGRA to oferate the Gaming Facility on the Property, or (ii) on the one hundred and
eightieth (180 1 ) day after the date of entry of a final, non-appealable judgment in such
judicial or administrative proceeding confirming the Tribe's authority under the IGRA to
operate the Gaming Facility on the Property if the Commencement Date has not yet
occuned.
Section 8.3 Termination Events. Unless otherwise agreed to by the Parties,
this Agreement shall automatically terminate in the event, and on the date, that:
1. The Property (a) is thereafter no longer "Indian lands" of the Tribe within the
meaning of Federal law, or (b) is not eligible for the development or operation of the
Project or the Gaming Facility for any reason; or
2. The Tribe advises the City in writing that the Tribe has permanently decided to
cease the development, construction, or operation of the Project, including the Gaming
Facility; or
3. The Compact expires or terminates for any reason, without it being extended or
replaced by a subsequent Compact, or is determined by the Secretary or any court of
competent jurisdiction to be unlawful or otherwise ineffective for any reason.
Section 8.4 Suspension Events. If, due to Force Majeure (as hereinafter
defined), an act of God, or valid business considerations, operations of the Gaming
Facility are suspended or terminated, all of the Parties' rights, liabilities and obligations
of whatever nature under this Agreement or any other contract, agreement, document or
instrument executed by or between the Parties pursuant to this Agreement shall be
suspended as of the date of such suspension or termination until such time as the Gaming
Facility recommences gaming operations open to the general public, and all of the Tribe's
payment obligations under this Agreement, including, without limitation, the Tribe's
obligations under Article 3 of this Agreement to make any Non-Recurring Payment,
General Community Benefit Contribution or Service Contribution , shall not accrue for
the period of such suspension or termination. Any suspension of the rights, liabilities or
obligations of the Parties pursuant to and in accordance with this Section 8.4 shall toll the
Term of this Agreement, and the Term of this Agreement shall be automatically extended
by the number of days that the operations of the Gaming Facility are suspended or
terminated. For the purposes of this Section, the term "Force Majeure" shall include,
without limitation, the following: earthquake; flood; fire; other natural disasters; changes
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in law, regulation or governmental policy that has a material adverse affect on the
Project, riots, war, or terrorism. Nothing in this Section shall reduce the Tribe's liability
for any payments due to the City pursuant to Article 3 of this Agreement which become
due and payable for any period prior to the date that operations of the Gaming Facility are
suspended or terminated.
Section 8.5 Renegotiation.
Section 8.5(a) Renegotiation Events. At the request of a Party, the
Parties shall renegotiate one or more of the provisions of this Agreement if there is a
change in law or other circumstances which has a significant and adverse financial
impact on the Project or the Gaming Facility. Such changes shall include, without
limitation:
I. Any change in State or Federal constitutions, laws, rules or regulations, guidelines
or bulletins, or the construction or interpretation thereof, relating to IGRA or gaming on
Indian lands, or the operation of gaming devices by non-Indians in the State;
2. An increase or reduction in the scope of gaming permitted and/or actually
occurring on the Property, whether pursuant to a change in Federal, State or local
constitutions, laws, rules or regulations, the Compact or otherwise;
Section 8.5 (b) Renegotiation Procedures. All requests by either
Party to renegotiate or amend this Agreement shall be by written notice addressed to the
other Party and shall identify the provisions of this Agreement to be negotiated. Upon
receipt of such notice, the Parties shall be obligated to renegotiate such provisions in
good faith. The Paities shall confer promptly and determine a schedule for commencing
negotiations, within fifteen (15) business days of receipt of notice. The Parties are hereby
authorized to designate the person or agency responsible for conducting the negotiations,
and shall execute any documents necessary to do so. The purpose of the negotiations will
be to renegotiate the provisions of this Agreement in good faith so that the Parties will
retain substantially the same rights and economic benefits in the aggregate from the
Project as contemplated on the Effective Date of this Agreement.
ARTICLE IX
EVENTS OF DEFAULT
Section 9.1 Events of Default. Each of the following occmTences shall
constitute an Event of Default under this Agreement and each and every contract,
agreement, document or instrument executed by or between the Parties pursuant to this
Agreement (any such event, an "Event of Default"):
1. Any material representation or warranty made by or on behalf of a Party in this
Agreement or in any contract, agreement, document or instrument executed by or
between the Parties pursuant to this Agreement or in any report, certificate or other
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document furnished by or on behalf of the Tribe or the City shall prove to be false or
misleading in any material respect when made.
2. Failure of the Tribe to make any payments as the same may become due and
payable pursuant to the terms of this Agreement (subject to any applicable cure period),
or to pay any amounts owing hereto.
3. A Party defaults in the due observance or performance of any of its obligations,
representations, warranties or covenants hereunder or under any contract, agreement,
document or instrument executed by or between the Parties pursuant to this Agreement
and shall not have commenced and diligently pursued the cure of such default pursuant to
Section 9.2 of this Agreement.
4. The existence of an Event of Default under any contract, agreement, document or
instrument executed by or between the Parties pursuant to this Agreement,
5. Failure to take any and all reasonable steps necessary to secure any approvals
required for this Agreement and any contract, agreement, document or instrument
executed by or between the Parties pursuant to this Agreement to constitute valid and
binding obligations of the Parties enforceable pursuant to the terms and provisions hereof
or thereof.
Section 9.2 Notice and Right to Cure. Upon the occurrence of an Event of
Default, the Party claiming the Event (the "Non-defaulting Party") shall provide the other
Party (the "Defaulting Party") with written notice of such Event of Default which shall,
among other things, specifically advise the Defaulting Party of the actions the Defaulting
Party must take, or refrain from taking, to cure such Event of Default. The Defaulting
Party shall have thirty (30) days from and after the date of the written notice to cure such
Event of Default (the "Cure Period"). Notwithstanding the foregoing, the Cure Period for
the Tribe's failure to make any Non-Recurring Payment, General Community Benefit
Contribution or Services Contribution due pursuant to and in accordance with the terms
and provisions of Article III shall be seven (7) business days from the date of such
notice. Amounts due from the Tribe shall bear interest from the date of the Default at a
rate equal to the prime rate of interest announced from the time to time by The Wall
Street Journal plus two percent (2%) per annum. Any Cure Period shall be automatically
extended for a reasonable time, in all cases except the Tribe's failure to make any
payments due pursuant to and in accordance with the terms and provisions of Article III
of this Agreement when and as such payment is due, if the Defaulting Party commences
to cure such Event of Default within the Cure Period but cannot reasonably cure such
Event of Default within such period. An Event of Default shall be deemed to continue
until such Event of Default is cured to the written satisfaction of the Non-defaulting
Party, which written instrument shall not be unreasonably withheld.
Upon the cure of an Event of Default to the written satisfaction of the Non-
defaulting Party, which written satisfaction shall not be unreasonably withheld this
Agreement shall be reinstated as though there had been no Event of Default.
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Notwithstanding the generality of the foregoing, upon the reinstatement of this
Agreement resulting from Tribe's cure of an Event of Default, the term of this Agreement
shall be extended by the number of days elapsed between the date the Event of Default
occurred through the date the Event of Default was cured, as evidenced by City's written
satisfaction, and the period so elapsed shall be considered to have tolled, rather than
extended, the Term of this Agreement.
Section 9.3 Rights and Remedies. Upon the occurrence of an Event of
Default which remains uncured under the tenns of Section 9.2 hereof, the Non-
Defaulting Party may, without notice or demand to the Defaulting Party, may (i)
terminate this Agreement and any contract, agreement, document or instrument executed
by or between the Parties pursuant to this Agreement and all of rights of the Defaulting
Party hereunder or thereunder, and (ii) pursue the Dispute Resolution procedures,
including the right to seek monetary damages, contained in and pursuant to Article X of
this Agreement.
Section 9.4 Cumulative Remedies. The remedies provided for in this
Agreement shall be cumulative to the extent permitted by applicable law, and may be
exercised partially, concurrently or separately. The exercise of one or more remedies
shall not be deemed to preclude the exercise of any other remedies.
ARTICLEX
DISPUTE RESOLUTION
WAIVER OF SOVEREIGN IMMUNITY
Section 10.1 Meet and Confer Process. If the City or Tribe believes that the
other has engaged in conduct, or has failed to take any action which constitutes, or with
the passage of time may constitute an Event of Default under tl1is Agreement, such Party
(the "Complaining Party") may provide the other Party with a written notice, specifically
identifying the action or the failure to act complained of, and requesting that the Parties
meet and confer in good faith for the purpose of attempting to reach a mutually
satisfactory resolution of the matter or matters specified in the written notice within
fifteen (15) business days of the date of service of the written notice. This provision shall
not apply in the case of the Tribe's failure to make any Non-Recurring Payment, General
Community Benefit Contribution, or Services Contribution due pursuant to and in
accordance with the terms and provisions of Article III of this Agreement.
Section 10.2 Reserved.
Section 10.3 Limited Waiver of Sovereign Immunity.
Section 10.3(a) Retention of Sovereign Immunity. Except as expressly
provided for in this Section 10.3, the Tribe, by entering into this Agreement and any
contract, agreement, document or instrument executed by or between the Parties pursuant
to this Agreement, including, without limitation, the CLEA and the FPERA, and
performing the obligations the Tribe has assumed and agreed to perform hereunder and
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thereunder, does not waive, limit or modify its sovereign immunity from unconsented
suit or judicial action. Further, nothing contained in this Agreement or in any contract,
agreement, document or instrument executed by or between the Parties pursuant to this
Agreement, including, without limitation, the CLEA or the FPERA, or the Tribe's
performance of the obligations the Tribe has assumed and agreed to perform hereunder
and thereunder is intended or shall be construed as a waiver of the Tribe's sovereign
immunity in any action commenced against the City by any third party resulting from or
arising out of the City's performance of the obligations it has assumed and agreed to
perform hereunder or under any contract, agreement, document or instrument executed
by or between the Parties pursuant to this Agreement.
Section 10.3(b) Scope of Waiver. Subject to the provisions of Section
10.1 and this Section 10.3, the Tribe hereby expressly grants a limited waiver of its
sovereign immunity from unconsented suit, waives the jurisdiction of any courts of the
Tribe and consents to suit in accordance with and pursuant to the terms d provisions of
this Section 10.3.
Section 10.3(c) Procedural Requirements. The Tribe's waiver of its
sovereign immunity as unconsented suit is effective if, and only if, each and every one of
the following conditions is met:
A. The claim is made by the City, and not by instrumentality or
agency thereof, or any other Person, corporation, partnership or entity, whatsoever,
regardless of the capacity in which such other Person, corporation, partnership or entity
purports to commence suit against the Tribe, any agency or instrumentality thereof or the
Gaming Facility;
B. The claim alleges a breach by the Tribe of one or more specific
obligations or duties the Tribe assumed pursuant to the terms and provisions of this
Agreement or and any contract, agreement, document or instrument executed by or
between the Parties pursuant to this Agreement, including, without limitation, the CLEA
or the FPERA.
C. The claim seeks money damages for noncompliance with the
terms and provisions of this Agreement or any contract, agreement, document or
instrument executed by or between the Parties pursuant to this Agreement, including,
without limitation, the CLEA or the FPERA, provided, however, that the property, assets
or funds specifically pledged and assigned to satisfy any judgment the City secures
against the Tribe under this Agreement shall be limited to the assets specifically
identified in Section 10.3(g)(l) of this Agreement, and provided further that
notwithstanding any term or provision of this Agreement and any contract, agreement,
document or instrument executed by or between the Parties pursuant to this Agreement,
including, without limitation, the CLEA or the FPERA, in no event shall injunctive or
other equitable relief ever be available against the Tribe except as provided in Section
10.3(g).
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Section 10.3(d) Time Period. The waiver granted herein shall
commence on the Execution Date and shall continue for the longer one (1) year following
the termination of this Agreement pursuant to and in accordance with the terms and
provisions hereof, or two (2) years after the claim accrues or is discovered upon the
exercise of due diligence, except that the waiver shall remain effective for any
proceedings then pending, and all appeals therefrom.
Section 10.3(e) Governing Law. The Parties agree that any dispute
ansmg out of or in connection with this Agreement and any contract, agreement,
document or instrument executed by or between the Patties pursuant to this Agreement,
shall be resolved first pursuant to applicable Federal law; second, pursuant to applicable
State law; and third, pursuant to the applicable laws of the Tribe if no State or Federal
law applies.
Section 10.3(f) Service of Process. In any proceeding brought pursuant
to this Agreement, the Tribe consents to service made in accordance with the notice
provisions of this Agreement or pursuant to the Federal Rules of Civil Procedure.
Section 10.3(g) Enforcement. The Tribe expressly waives sovereign
immunity from a judgment or order consistent with the terms and provisions of this
Section 10.3 which is final because either the time for appeal thereof has expired or the
judgment or an order is issued by a court having final appellate jurisdiction over the
matter. The Tribe waives its sovereign immunity in, and consents to the jurisdiction of,
to be sued in and to accept and be bound by any order or judgment of the United States
District Court for the Western District of Michigan, and any federal court having
appellate jurisdiction thereover, consistent with the te1ms and provisions of this Section.
Notwithstanding any term or provision of the this Agreement or any contract, agreement,
document or instrument executed by or between the Parties pursuant to this Agreement to
the contrary, in the event that the United States District Comt for the Western District of
Michigan declines to exercise jurisdiction over any case or action arising under or in
connection with this Agreement or any contract, agreement, document or instrument
executed by or between the Patties pursuant to this Agreement the Tribe expressly
consents to the jurisdiction of, and agrees to be bound by any order or judgment of Courts
of the State with jurisdiction over Muskegon County, Michigan, and any Court with
appellate jurisdiction thereover, and all of the terms and provisions of Section 10.3 shall
apply with full force and effect to actions in such State Courts Without in any way
limiting the generality of the foregoing, the Tribe expressly authorizes any governmental
authorities who have the right and duty under applicable law to take any action
authorized or ordered by any court, to take such action as entering onto the Prope1ty, or to
enter into the Gaming Facility for the purpose of enforcing or giving effect to any judicial
order or judgment entered against the Tribe or the Gaming Facility pursuant to the terms
of this Agreement.
Section 10.3(g)(l) Assets to Satisfy Enforcement Proceedings. The
assets of the Tribe or the Gaming Facility which shall be available to satisfy any
enforcement proceedings or judgment in connection with this Agreement or any contract,
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agreement, document or instrument executed by or between the Parties pursuant to this
Agreement shall be limited to the Net Revenue of the Gaming Facility as defined under
the IGRA and the regulations promulgated thereunder.
Section 10.3(g)(2) Limitation Upon Enforcement. Damages awarded
against the Tribe or the Gaming Facility shall be satisfied solely from assets specified in
Section 10.3(g)(l) and Section 12.21 hereof, and shall not constitute a lien upon or be
collectible from any other income or assets of the Tribe, except with the written consent
of the Tribe.
Section 10.3(h) Tribal Council Resolution. The Tribe represents to the
City that the Tribal Council of the Tribe has adopted a resolution in accordance with the
Tribe's Constitution which provides that (i) the Tribal Council has the authority to act on
behalf of the Tribe in connection with the execution and delivery of this Agreement, (ii)
the Tribal Council delegates authority to· the Chairperson of the Tribe to execute and
deliver this Agreement on behalf of the Tribe and (iii) the Tribe waives sovereign
immunity on a limited basis as set forth in this Agreement.
Section 10.4 Actions by the Tribe Against the City Upon the occurrence of an
Event of Default hereunder by the City, the Tribe's sole recourse under this Agreement
shall be a claim for specific performance against the City to provide the services the City
has assumed and agreed to perform hereunder pursuant to and in accordance with the
terms and provisions hereof, and the Tribe shall not be entitled to withhold, suspend,
place into escrow, offset, or reduce payments required by Article III, and in no event
shall the City be liable to the Tribe for money damages as a result of an Event of Default
hereunder, and the Tribe hereby waives any and all such claims against the City arising
under this Agreement
ARTICLE XII
CONFIDENTIALITY
Section 11.l(a) Definition. "Confidential Information" is defined as any
information disclosed, whether orally, in writing, or electronically, to the Tribe or City, or
any officer, director, employee, shareholder, affiliate, agent or attorney thereof, by or on
behalf of the Tribe or City or any officer, director, employee, shareholder, affiliate, agent
or attorney thereof which is exempt from disclosure pursuant to the Michigan Freedom of
Information Act. As used in this Agreement, the te1111 "Disclosing Party" shall be the
Party to this Agreement which discloses or causes the disclosure of Confidential
Information, and the term "Receiving Party" shall be the Party to this Agreement which
receives Confidential Information, provided, however, that the Receiving Party and the
Disclosing Party with respect to any Confidential Information may not be the same Party.
Confidential Information is that information exempt from disclosure as a public record
pursuant to the Michigan Freedom of Information Act. All Parties acknowledge that no
Disclosing Party shall be deemed to make any representation or warranty as to the
accuracy or completeness of any Confidential Information provided to any Receiving
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Party or any other Party and nothing herein shall be deemed to obligate any Party to
disclose any Confidential Information to any other Party, or to enter into any transaction
with any other Party.
Section 11.l(b) Restrictions. Each party acknowledges and agrees that each and every
item of the other's Confidential Infom1ation is confidential and proprietary and that it
will hold the other's Confidential Infonnation in the strictest confidence regardless of
how such information is obtained and, except as provide herein, will not directly or
indirectly disclose to any person or use or allow to be disclosed to or used by any other
person the other's Confidential Information without the prior written consent of the other;
provided, however, that this obligation shall not apply to information which is readily
available and known to the public through no breach of this agreement. Tribe understands
that, as a public body, the City may be obligated to publicly acknowledge this Agreement
and the parties thereto; and may be required to notify certain other third parties of the
existence and terms of this Agreement; the City agrees that it will make no disclosures
beyond those it is legally required to make. Further the City agrees that it will record
within a reasonable time after any Confidential Information is submitted to it by Tribe a
description of the Confidential Information which is sufficient to meet the requirements
oflaw but which does not disclose any of the Confidential Information in a central place
within the City maintained for that purpose and will make such description or description
available to any person upon request.
Section 11.1 (c). Return or Destruction of Material. Upon the termination of this
agreement, each party will, upon the request of the other, return each and every item of
the Confidential Information and any other document or media containing any of the
Confidential Information to the other, immediately upon request and without retaining
copies thereof. Each party shall, upon the request of the other, certify that it has fully
complied with this requirement.
Section 11.1 (d). Affiliates. A party hereto may share the other's Confidential
Infmmation with its legal counsel and ce1tified public accountants. A party may also
share the other's Confidential Information for the pennitted purposes with such other
persons (including employees, agents and advisors) as it determines in good faith need to
know such information in order to further the permitted purposes.
Section 11.l(e). Compelled Disclosure. In the event that a party is threatened with
being legally compelled to disclose any of the other's Confidential Information by conrt
order or other legal or administrative process, such party shall provide to the other written
notice of same as soon as practicable and, if challenged by action in a comt or tribunal
shall attempt to obtain a protective order or.other appropriate remedy or arrangement to
prevent such disclosure with respect thereto (a "Protective Order"). In the event that a
Protective Order cannot be obtained, the party compelled to make such disclosure shall
furnish only that portion of such Confidential Information which is legally required to be
disclosed and shall exercise its best efforts to obtain reliable assurance from the party or
parties receiving such Confidential Information that such Confidential Information shall
be held in confidence in accordance with the standards of this agreement. The City
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reserves the right to make the initial determination (which it agrees to make on the advice
of its own legal counsel) regarding whether any matter is required to be disclosed and
agrees to notify Tribe when the City undertakes to make such a determination in
sufficient time so that Tribe will have a reasonable opportunity to intervene to prevent
such disclosure if it deems that to be appropriate (the "City's disclosure notice"). The
tem1 "required disclosure" or "obligated disclosure" or similar terms shall not be
confined to disclosure required by a court or other tribunal with authority but shall
include disclosure required under statue. The City shall not be required to initiate any
proceeding to determine the legality of any claim for disclosure, but shall cooperate with
Tribe in the event a lawsuit is initiated by it to prevent disclosure within the time
constraints of the FOIA. In the event such a lawsuit results in a requesting party being
awarded disbursements, cost, or attorney fees, Tribe shall be responsible for them, and
shall indemnify the City against any such obligations.
Section 11.l(f) Copying. The Receiving Party shall not copy or reproduce
Confidential Information in any form, without the written consent of the Disclosing
Party, and shall keep accurate records of all copies or reproductions of Confidential
Information made by the Receiving Party or persons on its behalf, which records shall be
made available to the Disclosing Party upon request.
Section 11.l(g) No license Granted. No right or license, whether expressed or
implied, in the Confidential Infonnation is granted to the Receiving Party other than to
use the Confidential Information in the manner and to the extent authorized by this
Agreement, for evaluation by the Receiving Party and for the performance of the
obligations the Receiving Party has assumed and agreed to perform hereunder. Upon
termination of this Agreement pursuant to the terms and provisions hereof, the Receiving
Party shall promptly return to the Disclosing Party, upon request, all Confidential
Information and all copies thereof, and notes, extracts or derivative information related
thereto, in whatever form of storage or retrieval. No information, release, public
announcement, confirmation or denial concerning any potential transaction, the fact that
discussions, negotiations or evaluations are taking place, or the te1ms, conditions or other
facts with respect thereto will be made by any Party without prior coordination with, and
express approval of each of the other Parties.
Section 11.2 Michigan Statutes. Notwithstanding any term or provision of
this Agreement or any contract, agreement, document or instrument executed by or
between the Parties pursuant to this Agreement to the contrary, the City expressly
acknowledges mid agrees that in the event that the City might be required to disclose any
info1mation that the Tribe would not want disclosed the Tribe shall not provide such
information to the City, and the Tribe's failure to do so will not constitute an Event of
Default under this Agreement. In the event that the Tribe does not disclose or provide
such information or material, the Tribe shall provide the City a reasonable opportunity to
inspect, review and analyze such information, provided that the City shall not copy any
such information.
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Section 11.3 Federal Freedom of Information Act. TheCity
acknowledges and agrees that certain infmmation or material which the Tribe files with
the United States in connection with or related to the Project is exempt from disclosure
under the Federal Freedom of Information Act ("FOIA"). In the event that the Tribe's
providing information or material to the City pursuant to and in accordance with the
terms and provisions of this Agreement or any contract, agreement, document or
instrument executed by or between the Parties pursuant to this Agreement would, in the
opinion of the Tribe's legal counsel, result in a waiver of any exemption from disclosure
available to the Tribe under FOIA with respect to such information or material, the Tribe
shall not provide such information to the City, and the Tribe's failure to do so will not
constitute an Event of Default under this Agreement. In the event that the Tribe does not
disclose or provide such information or material, the Tribe shall provide the City a
reasonable opportunity to inspect, review and analyze such information, provided that the
City shall not copy any such information.
ARTICLE XII
GENERAL
Section 12.1 Nature of Agreement. This Agreement is not intended as and shall
not be construed as a Management Agreement within the meaning of the IGRA.
Section 12.2 The City's Interest. Nothing contained herein grants or is intended (i)
to grant the City a titled interest in the Property or to the Project or the Gaming Facility, or
(ii) in any way to impair the Tribe's sole proprietary interest in the Gaming Facility.
Section 12.3 Situs of the Agreement. This Agreement shall be deemed entered
into in Muskegon County, Michigan..
Section 12.4 Notice. Any notice required to be given pursuant to this Agreement
shall be delivered to the appropriate Patty by Certified Mail Return Receipt Requested,
addressed as follows:
If to the Tribe: The Lac Viuex Desert Band of Lake
Superior Chippewa Indians
P.O. Box249
Watersmeet, Michigan 49969
Attn: Tribal Chair
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If to the City: City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443-0536
Attn: City Manager
or to such other different address(es) as the City or the Tribe may specify in writing. Any
such notice shall be deemed given two days following deposit in the United States mail or
upon actual delivery, whichever first occurs.·
Section 12.5 Further Actions. The Tribe and the City agree to execute all
contracts, agreements and documents and to take all actions necessary to comply with the
provisions of this Agreement and the intent hereof.
Section 12.6 Waivers. No failure or delay by the City or the Tribe to insist upon the
strict performance of any covenant, agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver
of any such breach or any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or condition of this Agreement and no breach
thereof shall be waived, altered or modified except by written instrument. No waiver of any
breach shall affect or alter this Agreement, but each and eve1y covenant, agreement, term
and condition of this Agreement shall continue in full force and effect with respect to any
other then existing or subsequent breach thereof.
Section 12.7 Captions. The captions of each article, section and subsection
contained in this Agreement are for ease of reference only and shall not affect the
interpretational meaning of this Agreement.
Section 12.8 Third Party Beneficiary. This Agreement is exclusively for the
benefit of the Parties hereto and it may not be enforced by any pmiy other than the Parties to
this Agreement and shall not give rise to liability to any third paiiy other than the authorized
successors and assigns of the Parties hereto.
Section 12.9 Survival of Covenants. Any covenant, term or provision of this
Agreement which, in order to be effective, must survive the termination of this Agreement,
shall survive any such te1mination.
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Section 12.10 Estoppel Certificate. The City and the Tribe each agree to furnish to
the other Party, from time to time upon request, an estoppels certificate in such reasonable
form as the requesting Party may request stating whether there have been any defaults under
this Agreement known to the Party furnishing the estoppels certificate.
Section 12.11 Periods of Time. Whenever any determination is to be made or
action is to be taken on a date specified in this Agreement, if such date shall fall on a
Saturday, Sunday or legal holiday under the laws of the Tribe or the State of Michigan, then
in such event said date shall be extended to the next day which is not a Saturday, Sunday or
legal holiday.
Section 12.12 Government Savings Clause. Each of the Parties agrees to execute,
deliver and, if necessary, record any and all additional instruments, certifications,
amendments, modifications and other documents as may be required by any governmental
authority for the satisfaction of any legal requirements pursuant to applicable law, including,
without limitation, the United States Depmtment of the Interior, BIA, the office of the Field
Solicitor, the NIGC, in order to effectuate, complete, perfect, continue or preserve the
respective rights, obligations, liens and interests of the Pmties hereto to the fullest extent
permitted by applicable law; provided, that any such additional instrument, certification,
amendment, modification or other document shall not materially change the respective
rights, remedies or obligations of the Tribe or the City under this Agreement or any other
agreement or docun1ent related hereto.
Section 12.13 Successors and Assigns. Neither Pmty may assign this Agreement
or the rights, benefits, liabilities or obligations of this Agreement to any other Pmty, except
for an instrumentality of such government, with the express, prior written consent of the
other Pmty, which consent may be withheld in the sole discretion of the non-assigning Pmty.
Section 12.14 Severability. If any provision, or any portion of any provision, of
this Agreement is fmmd to be invalid or unenforceable, such unenforceable provision, or
unenforceable portion of such provision, shall be deemed severed from the remainder of this
Agreement and shall not cause the invalidity or unenforceability of the remainder of this
Agreement. If any provision, or any portion of any provision, of this Agreement is deemed
invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the
scope or breadth permitted by law. If, however, any material part of a Party's rights under
this Agreement shall be declared invalid or unenforceable the Party whose rights have been
declared invalid or unenforceable shall have the option to terminate this Agreement upon
thi1ty (30) days written notice to the other Party, without liability on the pmt of the
terminating Party.
Section 12.15 Entire Agreement; Amendments. This Agreement (together with
the Exhibits herewith) sets forth the entire agreement between the Parties hereto with
respect to the subject matter hereof and all agreements, covenants, representations, and
warranties, express or implied, oral or written, of the Parties with respect to the subject
matter hereof are contained herein. No other agreements, covenants, representations, or
warranties, express or implied, oral or written have been made by a11y Party to the other with
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respect to the subject matter of this Agreement. All pnor and contemporaneous
conversations, discussions, negotiations, possible and alleged agreements and
representations, covenants and wmTanties with respect to the subject matter hereof, are
waived, merged herein and superseded hereby. Each Party affinnatively represents that no
promises have been made to that Party which are not contained in this Agreement or any
contract, agreement, document or instrument executed by or between the Parties pursuant
to this Agreement, and that no evidence of any promises not contained in this Agreement or
any contract, agreement, document or instrument executed by or between the Parties
pursuant to this Agreement shall be admitted into evidence on their behalf. This
Agreement shall not be supplemented, mnended or modified by any course of dealing,
course of performance or uses of trade and may only be amended or modified by a written
instrument duly executed by officers of both Parties. No amendment to this Agreement
shall be effective unless and until the Secretary and/or the Chairman of the NIGC, as
appropriate has either (i) approved such amendment to this Agreement, or (ii) has
determined, in writing, that no such approval is required for such mnendment to this
Agreement to constitute valid, binding obligations of the Parties enforceable pursuant to
and in accordance with the terms and provisions of such amendment to this Agreement.
Section 12.16 Preparation of Agreement. This Agreement was drafted and
entered into after careful review and upon the advice of competent counsel; it shall not be
construed more strongly for or against either Party.
Section 12.17 Approvals of Tribe. Where approval or consent or other action of
the Tribe is required, such approval shall mean the written approval of the Tribal Council,
evidenced by a resolution thereof, certified by a Tribal official as having been duly adopted,
or such person or entity designated by resolution of the Tribal Council. Any such approval,
consent or action shall not be unreasonably withheld or delayed; provided that the foregoing
does not apply where a specific provision of this Agreement allows the Tribe an absolute
right to deny approval or consent or withhold action.
Section 12.18 Approvals of the City. Where approval or consent or other action
of the City is required, such approval shall mean the written approval of the City
Commission, certified by a City official as having been duly adopted. Any such approval,
consent or action shall not be unreasonably withheld or delayed; provided that the foregoing
does not apply where a specific provision of this Agreement allows the City an absolute
right to deny approval or consent or withhold action.
Section 12.19 Execution. This Agreement may be executed in counterparts.
Section 12.20 Performance Delayed. Neither the Tribe, nor the City will be
liable for any failure or delay in the performance of its obligations hereunder which are
due, in whole or in part, directly or indirectly, to any cause beyond the reasonable control
of such Party, which in the exercise of due diligence could not have been avoided,
including without limitation, fire, explosion, earthquake, storm, flood or other weather,
unavailability of necessary utilities or raw materials, strike, lockout, unavailability of any
component, activities of a combination of workers or other labor difficulties, war,
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insurrection, riot, act of God or public enemy, law, act, order, export control regulation,
proclamation decree, regulations, ordinance or instruction of government or other public
authorities, or judgment or decree of a court of competent jurisdiction (not arising out of
any breach by such Party of this Agreement). In the event of such occurrence, the Party
so affected will give prompt notice to the other Parties, stating the period of time the
occurrence is expected to continue.
Section 12.21 Limited Recourse Obligations; No General Obligation. Neither
the General Obligation, nor the Full Faith and Credit or the Taxing Power of the Tribe is
pledged to the payment of any amounts due hereunder or under any other agreement
related hereto. Notwithstanding any other provisions herein, or in any agreement related
hereto, the obligations of the Tribe to pay amounts due hereunder, as well as any other
claims, liabilities or obligations of the Tribe related hereto or thereto of any type or
nature, are and shall be limited recourse obligations of the Tribe enforceable solely
against the assets identified at Section 10.2 (g) (1) of this Agreement.
Section 12.22 Approvals of the Department of the Interior: Although the
Parties believe approval is not required, the Parties will submit this Agreement to the
Department of the Interior for either: (i) approvals pursuant to 25 U.S.C. § 81 or (ii) a
written response that this Agreement does not require approval under 25 U.S.C. § 81 .
•
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Section 12.23 Effect of Compact: This Agreement and the obligations of the
Parties under this Agreement are subject and subordinate to the terms and conditions of
the Compact. Any provision of this Agreement which is inconsistent with the terms of
the Compact shall be ineffective.
INVVITNESS WHEREOF, the Parties have executed this Agreement as of the
date first set forth above.
CITY OF MUSKEGON, MICHIGAN:
By-.Sarmgton,
~ ~ ~ ~ ; ; ; ~ ~ ~ ~ = . : : : , ~ - - - D a t e : March 19, 2008
Mayo
LAC VIUEX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS
By:
~ .
Irunes'ifu;ms
Tribal Chairman
~6. .,
Date: March 19, 2008
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EXHIBIT2
Chapter 30 FIRE PREVENTION AND PROTECTION*
*Cross reference(s)--Buildings and building regulations, ch. 10; emergency services,
ch. 22; false reporting of fires, § 54-6: deposit of wastewater or flammable liquids on
streets or sidewalks, § 74-9.
State law reference(s)--Fire prevention and protection of persons and property, MCL
29.1 et seq.
ARTICLE I. IN GENERAL
Sec. 30-1. Storage and disposition of waste oil, flammable liquids and grease.
(a) It shall be the duty of every person having any waste oil, flammable liquid or
grease, other than domestic grease, to provide one or more approved, covered
metal containers, of not less than ten gallons capacity each, and in no case shall
the combined capacity of such containers exceed 100 gallons, for the disposition
of such substances. Such containers shall be kept in some safe and convenient
location on the premises and all waste oil, flammable liquid and grease shall be
placed therein and securely covered.
(b) All wastes described in subsection (a) of this section shall be removed from the
premises upon which such wastes are accumulated by the owner or occupant
thereof and disposed of by burning the waste in an incinerator or furnace suitable
for such purpose, by delivery to a refinery or removal beyond the city limits. It
shall be unlawful to burn such wastes in any public street or alley.
(Code 1975, § 9-2)
ARTICLE Ill. FIRE PREVENTION CODE
Sec. 30-91. Adoption.
The city adopts for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire, hazardous materials or explosion, and for all
other relevant purposes, that certain code known as the International Fire Code, 2003
edition, together with and retaining and readopting appendix 11-C of the 1997 Uniform
Fire Code. The adoption and retention of such codes is made except as amended by
this article. Copies of such codes are on file with the city clerk and the codes, as
amended, are made a part hereof as if fully set forth in this article.
(Code 1975, § 9-136; Ord. No. 2059, § 9-136, 11-13-2001; Ord. No. 2123, 2-10-2004)
State law reference(s)--Authority of city to adopt technical code by references, MCL
117.3(k).
Sec. 30-92. Rules for flammable and combustible liquids and underground
storage tanks.
The city hereby adopts the state rules for the storage and handling of flammable
and combustible liquids as promulgated by the state fire safety board, and the state
underground storage tank rules, as adopted by the state.
(Code 1975, § 9-136.1; Ord. No. 2059, § 9-136.1, 11-13-2001)
Sec. 30-93. Definitions.
In addition to the definitions set forth in the International Fire Code, the following
definitions apply:
(1) Wherever the term "jurisdiction" or "name of jurisdiction" is issued in the
International Fire code, it shall be held to mean the City of Muskegon.
(2) Whenever the term "code official" is used in the International Fire Code, it
shall be held to mean the position of city fire marshal or, if that position is
vacant, the position of city fire inspector.
(Code 1975, § 9-137; Ord, No. 2059, § 9-137, 11-13-2001)
Cross reference(s)--Definitions generally,§ 1-2.
Sec. 30-94. Amendments.
(a) Applications for all permits required by the International Fire code or this article
shall be made at the office of the city clerk, and all fees shall be paid at the office
of the city treasurer. The amount of such fees shall be as prescribed, from time to
time, by resolution of the city commission.
(b) Section 108 of the International Fire Code is amended to read in its entirety as
follows:
Whenever an application is disapproved or the granting of a permit under
the fire prevention code or the International Fire Code or appendix 11-C of the
1997 Uniform Fire Code is refused, or when it is claimed that the provisions of
such codes do not apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal to the
construction board of appeals of the city in accordance with their authority as set
forth in section 10-32.
(c) Section 109.3 of the International Fire Code is amended to read in its entirety as
follows:
Violations and penalties. Persons who shall violate a provision of this
code or fail to comply with any of the requirements thereof or who shall erect,
install, alter, repair or do work in violation of the approved construction
documents or directive of the code official, or of a permit or certificate issued
under the provisions of this code, shall be responsible for a civil infraction.
Penalties which shall apply to civil infractions shall be a fine of $100.00 for the
first offense, $250.00 for the second offense within one year of the first, and
$500.00 for each subsequent offense within two years of the first offense. Each
day that a violation continues after due notice has been given shall be deemed a
separate offense.
In addition to the imposition of penalties and responsibility for civil infractions, the
city is authorized to institute appropriate actions to prevent unlawful construction or to
restrain, correct or abate a violation, to prevent illegal occupancy of the structure or
premises or to stop an illegal act, illegal conducting of a business or illegal occupancy of
a structure on or about any premises.
(d) Section 110 of the International Fire Code concerning unsafe building is
amended to read in its entirety as follows:
Unsafe buildings. Buildings or structures which are structurally unsafe or
not provided with adequate egress, or which constitute a fire hazard or are
otherwise dangerous to human life, or which in relation to existing use constitute
a hazard to safety or health or public welfare, by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster damage or
abandonment as specified in this code or any other ordinance, are. for the
purpose of section 110, unsafe buildings. Such unsafe buildings are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal. The procedures and standards specified in section 10-61
et seq., of the Code of Ordinances concerning dangerous buildings shall apply.
(e) Section 111 A of the International Fire Code is amended to read in its entirety as
follows:
Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed
by the code official to perform to remove a violation or unsafe condition, shall be
responsible for a civil infraction carrying the same penalties as set forth in
subsection (c) above.
(f) Appendix A, concerning a board of appeals, set forth in the International Fire
Code, is not adopted by this article and is deleted.
(Code 1975, § 9-138.1; Ord. No. 2059, §§ 9-138, 9-140, 11-13-2001)
Sec. 30-95. Modifications.
The code official, with consent and knowledge of the chief of the fire department,
shall have power to modify any of the provisions of the International Fire Code, upon
application in writing by the owner or lessee, or his duly authorized agent, when there
are practical difficulties in the way of carrying out the strict letter of the codes, provided
that the spirit of the codes shall be observed, public safety secured and substantial
justice done. The particulars of such modifications, when granted or allowed, and the
decision of the fire marshal or the fire inspector thereon, shall be entered upon the
records of the fire department and a signed copy shall be furnished the applicant
(Code 1975, § 9-143; Ord. No. 2059, § 9-139, 11-13-2001)
I EXHIBIT3 I
ARTICLE II. CONSTRUCTION CODES*
*State law reference(s)--State Construction Code Act of 1972, MCL 125.1501 et seq.
Sec. 10-31. Agency designated.
(a) Pursuant to the provisions of the state building, electrical, mechanical, plumbing,
and residential codes, in accordance with section 8B(6) of Public Act No. 230 of
1972, the building, electrical, mechanical and plumbing officials employed or
retained by the building inspection department of the city are hereby designated
as the enforcing agencies to discharge the responsibilities of the city under
Public Act No. 230 of 1972. The city assumes responsibility for the administration
and enforcement of the act througl1out its corporate limits.
(b) Any person violating the provisions of the codes mentioned in subsection (a) of
this section shall be responsible for a municipal civil infraction, and shall pay a
fine as set forth in the schedule of civil infraction fines in section 2-204.
(Ord. No. 2048, §§ 1, 3, 6-14-2001)
Sec. 10-32. Construction board of appeals.
(a) Establishment. There is hereby established a construction board of appeals as
authorized, and to be organized. in accordance with the state Construction Code
Commission Act, specifically MCL 125.1514.
(b) Composition. The construction board of appeals shall consist of seven members
who must be qualified by experience or training to perform their duties as
members of the board.
(c) Appointment and terms. Members of the board shall be appointed for two-year
terms, such appointments to be made by the city manager with the advice and
consent of the city commission. Persons eligible for appointment who are
residents of the city shall be preferred; however, city residence is not required for
appointment, since, by statute, the members of the construction board of appeals
may serve in more than one jurisdiction.
(ct) Rules for procedure and operation, meetings and business. The construction
board of appeals shall have the right to adopt its own rules of procedure and
guidelines for meetings and hearings, provided that all proceedings of the board
shall be conducted in accordance with MCL 125.1514. All proceedings of the
construction board of appeals shall be held in accordance with the state Open
Meetings Act, and all records of decisions and any other records shall be subject
to the state Freedom of Information Act.
(e) Appeals. In addition to the duties set forth elsewhere in this section for the
construction board of appeals, it shall also have jurisdiction to hear appeals taken
from decisions of the appropriate authorities, or make interpretations, pursuant to
the International Fire Code, 2000 edition, or other fire and safety code in effect in
the city from time to time.
(Ord. No. 2051, §§ 1--5, 8-28-2001; Ord. No. 2056, § 1, 9-11-2001)
Secs. 10-33--10-60. Reserved.
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