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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 14, 2007
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. Precinct Boundary Modifications. CITY CLERK
C. Liquor Control Commission - Law Enforcement Recommendation for
Tipsy Toad. PUBLIC SAFETY
D. Maintenance Agreement for Two CSX Railroad Properties. PLANNING &
ECONOMIC DEVELOPMENT
E. Budgeted Vehicle Replacement - Three Chevrolet Impalas. PUBLIC
WORKS
F. Budgeted Vehicle Replacement - Three GMC Canyons. PUBLIC
WORKS
• PUBLIC HEARINGS:
A. Request to Issue an Obsolete Property District - 585 W. Clay. PLANNING
& ECONOMIC DEVELOPMENT
B. Request to Issue an Obsolete Property Certificate - 585 W. Clay.
PLANNING & ECONOMIC DEVELOPMENT
C. Spreading of the Special Assessment Roll for Western Avenue, Third
Street to Eighth Street. ENGINEERING
D. Spreading of the Special Assessment Roll for Getty Street. Hovey
Avenue to Keating Avenue. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Waiver of Building Permit Fees - United Way. CITY MANAGER
B. Waiver of Building Permit Fees - Love, INC. CITY MANAGER
C. City - MDOT Agreement for the Traffic Signal Upgrade on Laketon
Avenue from Creston Street to Barclay Street· and the Traffic Signal
Installations on Marquette Avenue at Harvey Street and Broadmoor
Street. ENGINEERING
o 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 attached to the agenda or located 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 l O minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY 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, CITY CLER!<, 933 TERRACE STREET, MUSl<EGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231)724-4172.
Date: August14,2007
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, July 24 th .
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 14, 2007
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, August 14,
2007.
Vice Mayor Gawron opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Stephen Gawron, Commissioners Kevin Davis, Clara
Shepherd, Lawrence Spataro, and Sue Wierengo, City Manager Bryon Mazade,
City Attorney John Schrier, and City Clerk Ann Marie Becker
Absent: Mayor Stephen Warmington (excused)
2007-66 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, July 24, 2007.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Precinct Boundary Modifications. CITY CLERK
SUMMARY OF REQUEST: State Election Law allows for 2,999 registered voters in
each voting precinct. Precinct 1, Marquette School, currently has 3, 148 voters.
It is proposed to move 349 voters form the area bound by Wesley, Broadmoor,
and the river to Precinct 2, Steele Junior High. This change will allow for 2,759
registered voters at Marquette School and 2,454 voters at Steele Junior High.
Precinct 9, the Fire Station, currently has 2,858 registered voters. The area is
growing and the Fire Station is unable to accommodate a large line of voters. It
is proposed to move 379 voters from the area bound by W. Laketon, Seaway,
Young, and Barclay to Precinct 8, Nelson School. This change will allow for 2,479
voters at the Fire Station and 1,257 voters at Nelson School.
The proposed changes will not affect the Wards.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends adoption of the resolution.
C. Liquor Control Commission - Law Enforcement Recommendation for
Tipsy Toad. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting authorization
to sign the Law Enforcement Recommendation form for changes that have
been submitted to the Liquor Control Commission on behalf of the Tipsy Toad.
The changes involve two (2) new "Direct Connections" on the roof-top area.
The new connections would include an additional restroom and an electrical
access area. As a result of these changes, there would be a decrease in size in
the outdoor service area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATON: Approval of the request.
D. Maintenance Agreement for Two CSX Railroad Properties. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To enter into an agreement to maintain two vacant lots
owned by CSX Railroads which are located at 313 Ottawa Street and 2447 S.
Harvey Street and keep them in compliance with our ordinance regarding the
noxious weeds and trash.
FINANCIAL IMPACT: None. CSX will pay for all costs within thirty days.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed agreement and authorize
the Mayor and City Clerk sign the agreement.
G. Resignations and Appointments from Various Boards. COMMUNITY
RELATIONS COMMITTEE
SUMMARY OF REQUEST: Accept the resignation of Rich Taylor and Latesha
Thomas and appointments of Chip VanderWier to the DOA, Doris Rucks to the
Library Board, and Janice Kay Knox-Foster to the Equal Opportunity Committee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:· The Community Relations Committee recommends
acceptance of the resignations and the appointments.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as presented minus items E and F.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Wierengo
Nays: None
MOTION PASSES
2007-67 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Budgeted Vehicle Replacement - Three Chevrolet Impalas. 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 purchase of three Chevrolet Impalas from
Berger Chevrolet.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
purchase of three Chevrolet Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Wierengo, and Carter
Nays: None
MOTION PASSES
E. Budgeted Vehicle Replacement - Three GMC Canyons. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase three GMC Canyons from Glenn
Buege GMC.
FINANCIAL IMPACT: $34,524.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of three GMC Canyons from
Glenn Buege.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
purchase of three GMC Canyons from Glenn Buege.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
Nays: None
MOTION PASSES
2007-68 PUBLIC HEARINGS:
A. Request to Issue an Obsolete Property District - 585 W. Clay. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Jack McPherson has requested an issuance of an Obsolete Property
District. The district would be located at 585 W. Clay Ave., Muskegon, Ml. Total
capital investment for this project is $200,000. The project will result in the
creation of 20 new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 585 W. Clay, Muskegon, Ml.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and approve the resolution establishing an Obsolete Property
District for 585 W. Clay.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
B. Request to Issue an Obsolete Property Certificate - 585 W. Clay.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Jack McPherson has requested the issuance of an Obsolete Property
Certificate for the property located at 585 W. Clay, Muskegon, Ml. The building
will be rehabilitated and will be mixed-use, with the top floor serving as
residential and the bottom floor commercial. Total capital investment for this
project is $200,000. The project will result in the creation of 20 new jobs in the
City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete
Property Certificate for 585 W. Clay, Muskegon, Ml.
The Public Hearing opened to hear and consider any comments from the
public. Leland Davis, 1148 Terrace, commented.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing and approve the resolution issuing an Obsolete Property
Certificate for 585 W. Clay.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Western Avenue, Third
Street to Eighth Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Western Avenue, from Third Street to Eighth Street, and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $53,169.90 would be spread against the 35
parcels abutting the project.
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 Wierengo to close the
Public Hearing and approve the special assessment roll and adopt the
resolution.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
D. Spreading ot the Special Assessment Roll for Getty Street, Hovey
Avenue to Keating Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Getty Street from Hovey Avenue to Keating A venue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $73,799.36 would be spread against the 21
parcels abutting the project.
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. Comments in opposition were heard from Annette Smedley, 3006
Glade, representing Harold Harvey, owner of 2124 Getty, 2112 Getty, and 1106
Getty; and from Julie Stone, 2845 Cline, Fruitport, owner of 2294 Getty.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and approve the special assessment roll and adopt the
resolution.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
2007-69 NEW BUSINESS:
A. Waiver of Building Permit Fees - United Way. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from United Way to waive
building permit fees for the construction of a pavilion at the Grand Trunk to take
place on September 7, 2007. The laying of the foundation will take place before
that date.
FINANCIAL IMPACT: Approximately $169.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request.
Motion by Commissioner Spataro, second by Commissioner Carter to deny the
request to waive the fees.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Wierengo
Nays: None
MOTION PASSES
B. Waiver of Building Permit Fees - Love, INC. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from Love, INC to waive building
permit fees for the construction of accessible ramps.
FINANCIAL IMPACT: $50 -$65 per ramp.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request.
Motion by Commissioner Spataro, second by Commissioner Carter to deny the
request to waive building permit fees.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Wierengo, and Carter
Nays: None
MOTION PASSES
C. City - MDOT Agreement for the Traffic Signal Upgrade on Laketon
Avenue from Creston Street to Barclay Street and the Traffic Signal
Installations on Marquette Avenue at Harvey Street and Broadmoor
Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the traffic signal
upgrade on Laketon A venue from Creston Street to Barclay Street and the
traffic signal installations on Marquette Avenue at Havery Street and Broadmoor
Street and to approve the resolution authorizing the Mayor and City Clerk to sign
the contract.
FINANCIAL IMPACT: MDOT's participation is limited to the federal funds of
$308,000. The estimated total construction cost is $379,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the resolution and contract with MDOT.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
Nays: None
MOTION PASSES
D. Representation at the Michigan Municipal League Meeting.
SUMMARY OF REQUEST: It is time to nominate a representative and an alternate
to represent the City of Muskegon at its annual Michigan Municipal League
business meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends appointing a representative and
an alternate.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
appoint Commissioner Clara Shepherd as the MML representative and City Clerk
Ann Becker as the alternate.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Shepherd recognized Police Officer Andy
Rush and Timothy VanderWier for removing a pit bull from an empty house. She
also mentioned the Back to School Bash on August 22 nd .
PUBLIC PARTICIPATION:
2007-70 CLOSED SESSION: Property acquisition.
Motion by Commissioner Spataro, second by Commissioner Davis to go into
Closed Session.
• I
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Wierengo, second by Commissioner Carter to come
out of Closed Session.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:40 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: August 7, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk's Office
RE: Precinct Boundary Modifications
SUMMARY OF REQUEST: State Election Law allows for 2,999 registered
voters in each voting precinct. Precinct 1, Marquette School, currently has
3, 148 voters. It is proposed to move 349 voters from the area bound by
Wesley, Broadmoor, and the river to precinct 2, Steele Junior High. This
change will allow for 2,759 registered voters at Marquette school and 2,454
voters at Steele Junior High. (See attached map)
Precinct 9, the Fire Station, currently has 2,858 registered voters. The area is
growing and the Fire Station is unable to accommodate a large line of voters.
It is proposed to move 379 voters from the area bound by W. Laketon,
Seaway, Young, and Barclay to precinct 8, Nelson School. This change will
allow for 2,479 voters at the Fire Station and 1,257 voters at Nelson School.
(See attached map)
The proposed changes will not affect the Wards.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends adoption of the attached
resolution.
2007-66{b)
CITY OF MUSKEGON
RESOLUTION
WHEREAS, neighborhoods in precinct 1 and precinct 9 have grown in
population; and
WHEREAS, State Election Law mandates that the City of Muskegon keep its
precinct below 2,999 registered voters;
NOW THEREFORE BE IT RESOLVED that the City Commission
authorize the change in precinct lines for Precinct 1, Precinct 2, Precinct 8,
and Precinct 9 as shown on the attached maps.
Signed this 14th day of August 2007.
~ 11--'Ann...Y'Marie
r)(,\/\.,;A ~uk'.":::\
Becker, MMC
City Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on August 14,
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
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CITY COMMISSION MEETING
Tuesday, August 14, 2007
TO: Honorable Mayor and City Commissioners
FROM: Tony Kleibecker
Director of Public Safety
DA TE: August 2, 2007
SUBJECT: Liquor Control Commission-Law Enforcement Recommendation-Tipsy
Toad
SUMMARY OF REQUEST:
The Director of Public Safety is requesting authorization to sign the Law Enforcement
Recommendation form for changes that have been submitted to the Liquor Control
Commission on behalf of the Tipsy Toad. The changes involve two (2) new "Direct
Connections" on the roof-top area. The new connections would include an additional
restroom and an electrical access area. As a result of these changes, there would be a
decrease in size in the outdoor service area.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of the request.
Commission Meeting Date: August 14, 2007
Date: August 8, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development DepartmentciJ:,,
RE: Maintenance Agreement for two CSX Railroad Properties
SUMMARY OF REQUEST:
To enter into an agreement to maintain two vacant lots owned by CSX Railroads
which are located at 313 Ottawa Street and 2447 S. Harvey Street and keep them in
compliance with our ordinance regarding the noxious weeds and trash.
FINANCIAL IMPACT:
None. CSX will pay for all costs within thirty days.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To approve the proposed agreement and authorize the Mayor and City clerk to sign
the agreement.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Mike Cameron, Code Coordinator
CC: Bryon Mazade, City Manager
Date: August 8, 2007
Re: Lot Maintenance Agreement with CSX Railroad.
Attached you will find a maintenance agreement created by our attorney for the
purpose of facilitating the maintenance of the two remaining properties owned by
CSX Railroads in the City of Muskegon. The locations of the two properties are, 313
Ottawa, Ottawa and Marquette and 2447 S. Harvey St. Neither of the two properties
currently has an active railway on them and since these are the only remaining
properties in the area owned by CSX, it is difficult for them to maintain the properties
for less costs then we can.
This agreement will allow the city to keep these two properties in good condition
without the time and costs involved mailing letters, when violations are noted on
either of the sites.
• Page 1
500 Water Street 1180
CSX:
TRANSPORTATION
Jacksonville, FL 32202-4423
(904)633-1594
FAX (904) 633-3460
John A. Blanton
Property Management Specialist
July 18, 2007
Mike Cameron
City of Muskegon
933 Terrace Street
P.O.Box536
Muskegon, MI 49443-0536
RE: Maintenance Agreement with the City of Muskegon, MI File Reference No. OZ0185
Dear Mr. Cameron,
I am writing with regard to our conversation this morning concerning the agreement between the City of
Muskegon and CSX Transportation for the control of vegetation on CSX owned properties as specified in the
agreement. I am forwarding the signed agreement for approval by the City Council and execution the Mayor.
I appreciate your handling of this matter, and am pleased with the outcome. This agreement will allow CSX and
the City to cooperate in keeping the CSX properties in good order, and allow CSX to maintain a positive image
throughout the community.
-4c~
John A. Blanton
RECEIVED
/JUL 2 4 2007
CITY OF MUSr;<;c. _,-,
PLANNING DEPAflTl:Af?./✓T
MAINTENANCE AGREEMENT
2007-66(d)
Effective August 31, 2007, the City of Muskegon, 933 Terrace Street, Muskegon,
Michigan 49440 ("Muskegon") and the CSX Transportation, of 500 Water Street 1180,
Jacksonville, Florida ("CSX") agree as follows:
BACKGROUND
CSX owns or has rights in certain parcels of real property located in Muskegon, upon
which grow grass, weeds, and other vegetation. It is inconvenient for CSX to control the growth
of vegetation upon these properties in accordance with Muskegon ordinances. Muskegon has the
ready ability to maintain these properties through mowing and removal of debris, and CSX
desires Muskegon to perform such services for it.
1. TERM. Muskegon and CSX acknowledge that performance under this contract
will commence immediately upon the full execution of this Agreement and shall continue in full
force and effect unless terminated in accordance with Paragraphs 4 through 7 of this Agreement.
2. MUSKEGON'S COMMITMENTS. Muskegon agrees as follows:
a. To provide mowing, debris removal, and similar services, as needed,
during regular business hours from 7:30 a.m. until 3:30 p.m. Monday
through Friday for all parcels of CSX real property identified on Exhibit A
("CSX Property") to this Agreement.
b. To otherwise ensure that all parcels of CSX Property conform to
Muskegon's noxious weed and vegetation, solid waste, and trash
ordinances.
3. CSX'S COMMITMENTS. CSX agrees as follows:
a. To grant to Muskegon and its employees or contractors a right to enter
upon CSX Property for the purpose of mowing, debris removal, and
similar services;
b. To pay compensation to Muskegon at Muskegon's established rates for
mowing, debris removal, and similar services on CSX Property;
c. To pay all invoices with thirty days; and
d. To pay 1% interest per month on all invoices unpaid after thirty days.
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4. TERMINATION. This Agreement shall remain in effect until terminated by
either party. Muskegon and CSX may terminate this Agreement for any reason, including the
convenience of either party, and without penalty. A Termination Notice shall be in writing and
comply with Paragraph 5, 7, and/or 7 of this Agreement. Termination shall become effective
thirty days from the date of the Termination Notice.
5. TERMINATION BY CSX. Upon receipt of a Termination Notice from CSX,
Muskegon shall have thirty days from the last date of service to invoice CSX for any outstanding
balances that have not previously been invoiced. CSX shall be responsible for all costs of
services and supplies either invoiced prior to receiving the Termination Notice or perfmmed by
Muskegon after receipt of the Termination Notice but before the effective date of termination. If
CSX exercises its right to terminate this Agreement, it shall pay all outstanding invoices within
30 days from the effective date of termination.
6. TERMINATION BY MUSKEGON. Upon receipt of a Termination Notice
from Muskegon, CSX shall have thirty days to pay for all services and supplies provided or
ordered pursuant to this Agreement, whether invoiced or not. CSX shall promptly anange for its
own employees or those of a third-patty vendor to perform the services provided by Muskegon
under this Agreement and otherwise ensure compliance with Muskegon ordinances.
7. NOTICES. Any notice that either party may give or is required to give under
this agreement shall be in writing and, if mailed, be effective three days after being sent by
certified or registered mail, postage prepaid, addressed to the other party's address set fotth in
this Agreement or at any other address the other party provides in writing.
8. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement shall constitute the entire agreement
as to this subject, and shall supersede any other agreements, written or oral, that may
have been made or entered into, by and between the parties with respect to the subject
matter of this Agreement and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought. All contemporaneous
or prior negotiations and representations have been merged into this Agreement.
b. Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
c. Counterparts. This Agreement may be executed in counterparts, and each
set of duly delivered identical counterparts which includes all signatories shall be deemed
to be one original document.
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d. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
e. Severability. Should any one or more of the provisions of this Agreement
be determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall not in any
way be impaired or affected.
f. Assignment or Delegation. Except as otherwise specifically set fo1th in
this Agreement, neither party shall assign all or any portion of its rights and obligations
contained in this Agreement without the express prior written approval of the other party,
which approval may be withheld in the other party's sole discretion.
g. Fax or Electronic Signatures. The parties have agreed that electronic or
fax copies of the signed Agreement shall constitute a valid, enforceable agreement. Each
party will mail originals to the respective party upon their execution of this Agreement.
CSX TRANSPORTATION
B~~~h Ann Marie Becker, MMC
Date: -=
J-=0:. .(,_-1---'-/--=~'----'' 2007
1
Its City Clerk
Date: ~IJ.S f /7 . 2007
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EXHIBIT A
PROPERTY DESCRIPTION
PARCEL IDENTIFICATION NUMBER ADDRESS OF PROPERTY
24-205-134-0004-00 313 OTTAWA STREET
24-133-200-9992-00 2447 S. HARVEY STREET
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Date: August 14, 2007
To: City Commission
From: Community Relations Committee
RE: Resignation and Appointments from Various Boards
SUMMARY OF REQUEST: The following people have resigned from their respective
committees. Applications are attached for those applicants who expressed an interest to
serve on the board:
ODA - Resignation of Rich Taylor, term expires January 31, 2011 - Citizen.
Potential Applicant:
Chip VanderWier - Citizen
Library Board - Mayor/City Commission Appointment, term expires June 30, 2011.
Potential Applicants:
Doris Rucks (Recommended by Charles Johnson, Jr. President of the Board of Trustees of
Hackley Public Library)
Donata Clanton
Ofelia Jimenez
Equal Opportunity Committee - Resignation of Latesha Thomas, term expires January 31,
2009 Citizen.
Potential Applicant:
Janice Kay Knox-Foster - Resident
STAFF RECOMMENDATION: The Community Relations Committee recommends
acceptance of the resignation of Rich Taylor and Latesha Thomas and the appointments of
Chip Vanderwier to the ODA, Doris Rucks to the Library Board, and Janice Kay Knox-Foster
to the Equal Opportunity Committee.
Date: 08/14/07
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: 08/14/07
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of the three 1998 sedans
for 2007. These vehicles will be going to the Detective Bureau.
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 - 2007
Berger Chevrolet Sparta Chevrolet Don Rypma ·-··---
2525 28th S.E 8955 Spart_aA_ve 8130 WhitElhall Rd.
Type of Vehicle Grand Rapids.Mi
. . ..49512
.. . . . ·-Sparta.Mi 494345
..... ·r, Whitehall.Mi
.. . 49461 -- ---------j
1--------...,(~tate contractor) ! - - - . , - - ··-- ----,
3 Chevrolet Impalas
------. ---- -
$15,228.00 $16,800.00
------
!
i -----
$16,910.28
1 - - - - - - - ------ !
'
>------------~ - - - - - - - - - '
Total $45,648.00 $50,400.00 $50,730.84 ·
- - ... ·1i
,--------1
Date: 08/14/07
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase three GMC Canyons from
Glenn Buege GMC.
FINANCIAL IMPACT: $34,524.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of three GMC Canyons from
Glenn Buege.
Memorandum
To: Honorable Mayor and City Commissioners
From:DPW
Date: 08/14/07
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of the three small pickup
trucks in 2007. Two of the vehicles will be used by our internal Building
Maintenance employees (replacing a 1992 and 1999 trucks) the other will be used
for water meter reading, replacing a 1999 truck.
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 Canyons from Glenn Buege GMC.
1
Equipment Purchase - 2007
.
·---- --- ·-· -----·
Elhart Don Rl(Qma ------· .. - 1 ..
Glenn Buege
---·-··--- -- - -
922 Chicago Dr. 8130 Whitehall Rd I 3625 Pennsl(lvania
Tl(Qe of Vehicle Holland Mi. 49423 Whitehall Mi. 49461 Lansing Mi.48910 I
3 GMC Canyons $13,168.65 $13,130.65 $11,SQB.00
--- ---- ------ ---- - ----- ------ - - - - ---------
--- -- ----- ---- ------- - - -- __________ ,, __
!
- ------···--"-
Total $39,505.95 $39,391.95 i $34,524.00 .
. --·-·-· T------- i
Commission Meeting Date: August 14, 2007
Date: August6,2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to issue an Obsolete Property
District - 585 W. Clay
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Jack McPherson has
requested an issuance of an Obsolete Property District. The district would be located
at 585 W. Clay Ave, Muskegon, Ml. Total capital investment for this project is
$200,000. The project will result in the creation of 20 new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing an Obsolete Property District for 585
W. Clay, Muskegon, Ml.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTIONNO. 2007-68(a)
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the
purpose of establishing Obsolete Property Rehabilitation Districts and approving
Applications for Obsolete Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission
and is clearly characterized by the presence of obsolete commercial property, and the
land and improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the
proposed Obsolete Property Rehabilitation District and a hearing has been held offering
an opportunity to all owners and any other resident or taxpayer of the City to appear and
be heard. Said notice was given at least ten (I 0) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, is described on the
Attachment A to this resolution.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District
on the lands and parcels set forth in the attached description.
This resolution passed.
Ayes Shepherd, Spataro, Wierenga, Carter, Davis, and Gawron
Nays None
CITY OF MUSKEGON
B y ~ ~ \~ \ J ~ 9::,J..,0Lv--,
Ann Marie Becker
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on August 14,
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
By ~ ~v0-. ~
l\:,,r0,
Ann Marie Becker
Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 323 EXC SLY 61 FT Tl-l'OF
Commission Meeting Date: August 14, 2007
Date: August 6, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to issue an Obsolete Property
Certificate - 585 W. Clay
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Jack McPherson has
requested the issuance of an Obsolete Property Certificate for the property located at 585
W. Clay, Muskegon, Ml. The building will be rehabilitated and will be mixed-use, with the
top floor serving as residential and the bottom floor commercial. Total capital investment
for this project is $200,000. The project will result in the creation of 20 new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution issuing an Obsolete Property Certificate for 585 W.
Clay, Muskegon, Ml.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTIONNO. 2007-68(b)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by Jack McPherson, 585 W. Clay.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property
Rehabilitation Exemption Certificate from Jack McPherson, 585 W Clay , to apply to the
improvements located in an Obsolete Property Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local governmental unit as determined by STC
Bulletin No. 9 of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located
was established after hearing on August 14, 2007, being the same date that the district
was established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the
City Commission determines further that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on August 14, 2007,
after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was
held on this date.
G. The applicant, Jack McPherson, 585 W Clay, is not delinquent any taxes related to the
facility.
H. The exemption to be granted by this resolution is for six (6) years.
I. The City Commission finds that the property for which the Obsolete Property
Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application form, being the general description of the obsolete facility, a
general description of the proposed use, a description of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
be part of the rehabilitated facility, a time schedule for undertaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the
district.
K. The application relates to a rehabilitation program that when completed will constitute a
rehabilitated within the meaning of PA 146 of2000 and will be situated within the
Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Certificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (10%) of the true cash value of the
property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twelve (12) months to
complete the rehabilitation. It shall be completed by August 14, 2008, or one year after
the Certificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City of Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by Jack McPherson, 585 W
Clay, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a
period of six (6) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
forth in Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditions set forth in the recitals above and in
the application material submitted to the City.
This resolution passed.
Ayes: Spa taro, Wierenga, Carter, Davis, Gawron, and Shepherd
Nays: _N:..:...:.o.:.:n:.::e:___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By \j\v,j 1'-C,\,•~~:J b,tc/(/L'\
Ann Marie Becker, City Clerk
2
CERTIFI CA TE
This resolution was adopted at a meeting of the City Commission held on August 14, 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
By~\.--.__~..,\ ;0._ ~_,A4,L=-\
Ann Marie Becker, City Clerk
3
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 323 EXC SLY 61 FT TH'OF
4
Jock McPherson
3046 Knollwood Ct.
Muskegon, Ml 4944 l
August 3, 2007
City Commission
This is a letter of intention to provide details on my intent of renovation of my properly ol S85 W. Cloy.
The property wos built in 1890 ond wos home lo (orison's Markel. Upon my ownership, the building
was abandoned. It is a two story building with o lolol square footage of 3,000 sq. feel.
The total renovation will consist of o complete restoration of the forode to restore the building to its
original orchitectural design aspects. The building will also be improved to comply with up to dote
codes and ADA standards such as a handicap accessible entrance ond hundicop restrooms. I will
further restore the building to code by updating the heating and cooling, and replacing all of the
windows. On the exterior of the building I pion lo update all of the tuck pointing on the brick work and
enhance the spoce with new land scoping. All of these improvements will comply with any historicol
district guidelines.
There are several different uses I om considering for the lower level of the properly once oll
improvements ore complete. I would like to either use it us ii was originally used, us a small market,
a retail space, ice creum parlor, a bur with combined restouronl or us on office space. Whichever I
decide for the lower level, the top level will be used as residential space.
I would like to begin all restorations on or around August 15, 2007, with all restoration complete on
August 15, 2008.1 om estimoting my total cost of renovation al $175,000 to $250,000. When complete
I om projecting my new business will odd at least 20 jobs lo the downtown Muskegon area.
Sincerely,
),,,f ;,Yl1/"/41c1r-~
Jock McPherson Date
Encl: Restoration timeline
Restoration Timeline
August 2007 to October 2007
Tuck pointing
Windows
Front ADA compliance
Replacing oll rotted or damaged wood
Rear sloircose
November 2007 to April 2008
All interior work
heating ond cooling
Restroom ADA compliance
Necessary build outs
Moy 2008 to August 2008
Lund scoping
Any exterior work to be done
Mich'igan Department of Treasury, STC
3674 (8-00)
APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 146 of 2000 .. Filing of this form ls voluntary. This application should be filed after the district is
established. This project will not receive tax benefits until approved by the State Tax Commission.
INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. (The State Tax
Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION
UNIT. Clerk must also complete sections 14, 15 and 17 on page 2.
Application No.
Date This Application Was Received Date Received
I I .1.00
licant, do not write above this line. Be in entries at 1a below.
Important Note:
l----"--'-'-""'-'=~-'---'---'-!.....!'=.L,._,Ll"--,1--------I If this application form (3674) is not fully completed, it will be
b. returned by the Property Tax Division prior to any processing
being done by the State Tax Commission
2. a. School Code
010
5. E
rs,
7. Project will have the reasonable likelihood to: (Check one or more) 8. Legal Description of Obsolete Property
increase commercial activity
create employment Lot- (_p Block 323 exr:..e.pf-
D
':::Jfy ~ I -9+-. +he.v-e.. c£.
retain employment
D prevent a loss of employment
B
D
revitalize urban areas
increase the number of residents ln the community 'Revtse_d -Pia+ of 1qo3
in which the facility is situated
7a. Indicate the number of jobs to be retained or created as a result.,-,
of rehabilitating the
facility, including expected construction employment:
9. The following must be provided to the local governmental unit as attachments to this application:
(a) General description of the obsolete facility, (b) General description of the proposed use of the rehabilitated facility, {c) Description of the general
nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated
f~&i!J&' JH¢tfofi!11e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from
8
10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education
Tax. Please check the following box if you wish to be considered for this exclusion: D
11. APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is
being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A.
146 of 2000 may be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the
exemption certificate.
It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her
knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
Commission.
12. Name of Person lo Contact for Further Information Tille Telephone Number
,n.N,-r,.! i,21, ) '.(5'9 1/35-'Y"
Mailing Address '
Title Telephone Number
Date
7-.J/-0'7
*In ormation contained in this application and supporting documentation may
be subject to review by the public if a Freedom of Information Request is
filed.
, 3674 (page 2)
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.
14. Action Taken
~ Date of Action: dt;Just /~ Jooz ~ EXEMPTION APPROVED FOR 6 Years
• DISAPPROVED
Ending December 31, d0L3 (not to exceed 12 years)
15. RESOLUTION MUST CONTAIN THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission.
• A statement that the local unit is a Qualified Local Governmental Unit.
• A statement that all of the items described on line 9 of the Application for
• A statement that the Obsolete Property Rehabilitation District was legally
established including the date established and the date of hearing as
Obsolete Property Rehabilitation Exemption Certificate have been provided to
the Qualified Local Governmental Unit by the applicant.
•
provided by section 3 of P.A. 146 of 2000.
A statement indicating whether the taxable value of the property proposed
• A statement that the commencement of the rehabilitation of the facility did not
occur before the establishment of the Obsolete Property Rehabilitation
to be exempt plus the aggregate taxable value of property already exempt District.
under P.A. 146 of 2000 and under PA 198 of 1974 (IFT's) exceeds 5% of
the total taxable value of the unit.
• A statement that the application relates to a rehabilitation program that when
completed constitutes a rehabilitated facility within the meaning of P.A. 146 of
• !f ii exceeds 5% (see above), a statement that exceeding 5% will not have
the effect of substantially impeding the operating of the Qualified local
2000 and that ls situated within an Obsolete Property Rehabilitation District
established in a Qualified Local Governmental Unit eligible under P.A. 146 of
Governmental Unit or of impairing the financ!al soundness of an affected 2000 to establish such a district.
•
taxing unlt.
A statement that the application was approved at a public hearing as
• A statement that completion of the rehabilitated facility is calculated to, and
will at the time of issuance of the certificate, have the reasonable likelihood
provided by section 4(2) of PA 146 of 2000 including the date of the to, increase commercial activity, create employment, retain employment,
hearlng. prevent a loss of employment, revitalize urban areas, or increase the number
• A statement that the applicant is not delinquent in any taxes related to the
facility.
of residents Jn the community in which the facility is situated. The statement
should indicate which of these the rehabilitation is likely to result in.
• A statement of the factors, criteria and objectives, if any, necessary for
extending the exemption, when the certificate is for less than 12 years.
• A statement that the rehabilitation includes improvements aggregating 10%
or more of the true cash value of the property at commencement of the
0 A statement that the applicallon is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A. 146 of 2000.
section 2(h) of Public Act 146 of 2000.
• A statement of the period of time authorized by the Qualified Local
Governmental Unit for completion of the rehabilitation.
16. ASSESSOR: Taxable Value State Equalized Value (SEV)
Current Taxable Land L3, 30/ /3, if_ 3 s-
!.<;;' dGS"
--
Value and State l ,;;._ LL :L
Buildings
Equalized Value of
obsolete properties Buildings on Leased Land -
--
broken down for: Other Personal Property
Year of Values dl.oo z 0(00 Z
17. Name of Local Government Body
{!,/1-v o.f! JJ!u.s/fe_,zon
I Date;f~;o;ro: To 71ication
CLERK'S CERTIFICATION -
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by PA 146 of 2000 may be in jeopardy.
s;g~"\~'e"' !"{ . ~ Date Telephone Number
JI
'"'-'- :\~V\..,.' .. ' ., A JJ-15--07 I .;J.3/ I 7:l </-~ 70.s-'
Clerk's Mailing Address City ZIP Code
933 Terre,ice /Jlu.sJre,,on. m; YYfYtJ /;1uske~on V?YYo
Applications recefved after Oclober 31 may not be acted upon in the cu'rrent year.
This application is subject to audit by the State Tax Commission.
Mail completed Application and copy of Resolution to:
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Michigan 48909-7971
If you have any questions, please call (517) 373-2408 or 373-3302.
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: August 14, 2007
RE: Public Hearing
Spreading of the Special Assessment Roll
Western Ave., Third St. to Eighth St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Western Ave. from
Third St. to Eighth St., and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMP ACT:
A total of $53,169.90 would be spread against the thirty-five (35) parcels abutting the project.
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
Resolution No. 2007-68 ( c)
Resolution Confirming Special Assessment Roll
For Western Ave. from Third St. to Eighth St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set fo11h in Exhibit A attached to this resolution on August 8, 2006, 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:
1. 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 assessment 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: Western Ave., from Third St. to Eighth St.
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, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
c\ City of Muskegon
By ~\_,\ '-''~\\~\.,\_,,~3 (1.Q ,jC\/\
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on August 14, 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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being August 14, 2007.
( City of Muskegon
By ~\ ✓~\l~.v\_,,\_A/_ (LLd{L\
Ann Marie Becker, MMC
City Clerk
EXHIBIT A
WESTERN A VE., THIRD ST. TO EIGHTH ST.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Western Ave. from Third St. to Eighth St.
Western Avenue - Third to Eighth
·,v I !' f/~~
~- I !l ~//~\~¥
1y /
.. \~
,\ #A~~
. . ,,._
Western Avenue
N
.~✓~v~~
J///JJ ~)\v~~~~~0 W~« E
s
WESTERN AVE., THIRD ST. TO EIGHTH ST.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, 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 MUSJ<.it\<f01'11.
BY==:~~~~~~~-
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
th rd
H-1593 ,Western Ave., 8 St. To 3 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 3rd DAY OF AUGUST 2007
\J\J~,~~\ (1~~'
ANN MARIE BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ 7 r-1 DAY OF dtyus f- , 2007.
cluida ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f - o?S-:-olOI ,<
August 3, 2007
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 35
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:
WESTERN AVE, 8TH ST. TO 3RD ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
AUGUST 14, 2007 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 AUGUST 14, 2007 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 $219,000.00 of which
$53,169.90 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2,695.00 based on 154 feet assessable front footage at $17.50 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 $2,695.00 Following are the
terms of the special assessment:
The total assessment of $2,695.00 may be paid in full any time by the due date of October 15, 2007
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 $269.50 (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.
35
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including 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 change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
lli, Property owners In the City of Muskegon who are being specially assessed for stroct, sidewalk or other public
lmprovoments may pay their assessment In tho following ways:
! /, __ J,vmn. Sum l'ffY.filf#}JiiJLEIJ/1
! Assossments may be paid tr, full within sixty (60) days of the confirmation of the special assessment roll
I without inrerest.
II, .ln~.toflment f.i!;,m.imts
AsMs~menls not paid within the first si~ly (60) days may be paid in lns1allments over several years as follows:
Street and Alley Assessments ... Ton (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable Interest as
described below.
Driveway, Sidewalk, and Approach Assessments• Ten (10) years equal annual principal payments
plus applicElble Interest as described below.
Interest- Simple Interest is charged at the rale or 5.00% per year unless the City has borrowed money
to complete the projecl for which you are assessed and has pledged you assessments for repayment of
thu borrowed money. In such cases, the interest you are charged is equal to !he Interest ralo the City
musl pay on the borrowed money plus 1.00%.
Ill...§.n_er;;l~lA!il.~!!~:!i.m.ont Def(lrr;!I {Low lnr;;s1m~.§@11lors and Disa.hlruf...E91:qgns)
ro qualify tor a special assessment deferral you or your spouse (if jolntly 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 t1om0stead
being assessed for five (5) years or more.
• Be a citi~en or tho U.S.
• Have a total household income not in e~cess of $16,823.00
• Have a special 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 installmunts. At the time of payment a lion will be recorded on your
proporty In favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after Iha death of the owner(s). During the time the special assossment is deferred
interest is accrued at the rate of 6.00% per year.
/\/, Further lnfql!m1km..Ab,pJJH1.J_q_A,pove Pro_g,:i!m.1/i
Further informalion about any of the above payment options may be obtained by ca!llng either the City
Assessor's Office at 724-6706 or the Cily Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization omae in the Muskegan County building or City of Muskegon Assessor's
Office in City Hall.
V, c.A,!~ltlonal SpeciJ!J.A.ll!l.Hment Paym_fill.tAtil<IM<mc~
Qu11lified low and moderate income homeowners who are being assessed may be eligible for payment
assislance lhrough the City or Muskegon Community Devolopment Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that tunds are available. To obtain further infor"mallon and
delermine whether you are eligible, contacl the Community and Neighborhood Services DeJJartmont at
724-6717.
CITY OF MUSKEGON
WESTERN A VE., 3RD STREET TO 8TH STREET H 1593
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security# _ _-_ _. _ _
Spouse: Birth date: 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#
- -" - -" - -
INCOME INFORMATION '
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
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 '
' '
'
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 OFFICE USE 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
WESTERN AVE., 3RD STREET TO 8TH STREET H 1593
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already
applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist
homeowners, who may have difficulty paying the cost of street 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 most 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) fl-om the
year 2006, pension or other benefit checks, bank statements for direct deposits or agency statements for all
household income.
2007
II 65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
1 $28,2! 0
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 snbmit proof that they both own and occnpy 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 most snbmit 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
Commnnity & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays fl-om 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 applicatfon is no longer valid. The City also reserves the right to reject any
applications that contain falsified ieformation or insufficient documentation. The City must complete the sidewalks.
Costs incurred from repairs done be you or a private contractor will not be reimbursed.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
WESTERN AVE., EIGHTH ST. TO THIRD ST.
The location of the special assessment district and the properties proposed to be assessed are:
th rd
All parcels abutting Western Ave. from 8 St. to 3 St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of
Muskegon Commission Chambers on August 14, 2007 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 HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DA TE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN ST ATE
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 further notified that at the first hearings the City Commission determined that the special
assessment district should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Ann Becker, City Clerk
Publish: AUGUST 42 2007
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 of TDD (231) 724-6773
Acct# 643-60447-5267
. Rl:::GUf . ·.. .••
CITY OF MUSKEGON
MAR 2 4 2006
CITY OF MUSKEGON
ENGINEERING DEPARTMENT
ResolutionNo. 2006-25(e)
Resolution At First Hearing Creating Special Assessment Dis!Jict
For WESTERN A VE., THIRD ST. TO EIGHTH ST.
Location and Description of Properties to be assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 14, 2006 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 March 14, 2006, there were 7. 3 6 % 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 dete1mines 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
2. 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 Spataro and Wierenga
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 11.8% 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 heaiing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes_ _ _C_a_r_t_e_r_;,;__D
_ a_v_i_s--',_G_a_ w_r_a_n--',_S_;p
...__
a_t _a_r_a_;,_W_a_r_m_i_n~g,_t_a_n----'-,_a_n_d_ __
Wierenga
Nays_ __N_a_n_e_ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ __ __
CITY OF MUSKEGON
By ~2nct6t;r
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 14, 2006. 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
By 4&.QdiJb:rr
EXHIBIT A
WESTERN AVE., TIDRD ST. TO EIGHTH ST.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Western Ave. from Third St. to Eighth St.
Western Avenue - Third to Eighth
Western Avenue
N
w E
s
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Western Ave., 81h St. to 3 rd 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 UN ITED
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 3rd DAY OF M RCH 2006.
~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
d<oF7 ti DAY OF 777a
,e,h , 2006.
~ d). &f;b;c
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- c2s-o 0
H 1593 HEARING DATE AUGUST 14, 2007
WESTERN AVE., 8TH ST. TO 3RD ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-316-0009-00 621 WESTERN AVE MUSKEGON EAGLES# 621 W WESTERN AVE MUSKEGON Ml 49440 $2,212.88 $0.00 $2,212.88
24-205-316-0008-00 607 WESTERN AVE WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON Ml 49440 $560.00 $0.00 $560.00
24-205-316-0007 -00 605 WESTERN AVE WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON Ml 49440 $420.00 $0.00 $420.00
24-205-316-0005-00 593 WESTERN AVE MUSKEGON LAKEVIE 15877 LAKE AVE GRAND HAVEN Ml 49417 $1,365.00 $0.00 $1,365.00
24-205-316-0004-00 591 WESTERN AVE OLSON THOMAS W 1582 BEACH ST MUSKEGON Ml 49441 $420.00 $0.00 $420.00
24-205-316-0001-00 587 WESTERN AVE MUSKEGON SUMMER 587 W WESTERN AVE MUSKEGON Ml 49440-1 $1,540.00 $0.00 $1,540.00
24-205-315-0006-00 563 WESTERN AVE 3M INVESTMENTS LLC 565 W WESTERN AVE MUSKEGON Ml 49440 $1,155.00 $0.00 $1,155.00
24-205-315-0005-00 561 WESTERN AVE MUSKEGON HERITAG 561 W WESTERN AVE MUSKEGON Ml 49440 $596.05 $0.00 $596.05
24-205-315-0005-10 557 WESTERN AVE BOSMA TIMOTHY A 557 W WESTERN AVE MUSKEGON Ml 49440 $236.08 $0.00 $236.08
24-205-315-0004-00 555 WESTERN AVE DINGER JAMES 1315 WAGNER RD MUSKEGON Ml 49445 $1,477.88 $0.00 $1,477.88
24-205-315-0003-00 545 WESTERN AVE BABBITT E C/P R TRU 4473 CHERRYWOOD MUSKEGON Ml 49441 $1,732.50 $0.00 $1,732.50
24-205-315-0001-00 521 WESTERN AVE BABBITT E C/P R TRU 4473 CHERRYWOOD MUSKEGON Ml 49441 $1,732.50 $0.00 $1,732.50
24-205-314-0006-00 505 WESTERN AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,155.00 $0.00 $1,155.00
24-205-314-0005-00 495 WESTERN AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,155.00 $0.00 $1,155.00
24-205-314-0003-00 489 WESTERN AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $2,695.00 $0.00 $2,695.00
24-205-314-0002-00 479 WESTERN AVE DOWNTOWN DEVELO 900 THIRD ST SUITE MUSKEGON Ml 49440 $1,085.00 $0.00 $1,085.00
24-205-314-0001-10 477 WESTERN AVE 475 W WESTERN AVE 534 BEAR LAKE RD MUSKEGON Ml 49445 $402.33 $0.00 $402.33
24-205-314-0001-00 471 WESTERN AVE COUNTY OF MUSKEG 990 TERRACE ST MUSKEGON Ml 49442 $399.18 $0.00 $399.18
8/15/2007
Page 1 of 3
H 1593 HEARING DATE AUGUST 14, 2007
WESTERN AVE., 8TH ST. TO 3RD ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-313-0006-00 451 WESTERN AVE THE HERALD CO INC 981 THIRD MUSKEGON Ml 49440 $1,155.00 $0.00 $1,155.00
24-205-313-0005-00 441 WESTERN AVE PCJ ENTERPRISE LLC 1461 EVANSTON AVE MUSKEGON Ml 49442 $806.40 $0.00 $806.40
24-205-313-0005-10 435 WESTERN AVE PCJ ENTERPRISE LLC 1461 EVANSTON AVE MUSKEGON Ml 49442 $805.70 $0.00 $805.70
24-205-313-0003-00 425 WESTERN AVE COUNTY OF MUSKEG 990 TERRACE STREE MUSKEGON Ml 49442 $1,540.00 $0.00 $1,540.00
24-205-313-0001-00 401 WESTERN AVE COUNTY OF MUSKEG 401 W WESTERN AVE MUSKEGON Ml 49440 $1,347.50 $0.00 $1,347.50
24-205-570-0001-00 586 WESTERN AVE COUNTY OF MUSKEG 990 TERRACE ST MUSKEGON Ml 49442 $6,808.55 $0.00 $6,808.55
24-205-568-0001-00 550 WESTERN AVE MUSKEGON REDEV L 340 ROYAL POINCIAN PALM BEACH FL 33480 $7,065.63 $0.00 $7,065.63
24-205-567-0001-40 500 WESTERN AVE FARHAT E DAVID 233 WASHINGTON ST GRAND HAVEN Ml 49417 $1,147.65 $0.00 $1,147.65
24-205-567-0001-20 490 WESTERN AVE PORT CITY CIO BLDG 490 W WESTERN AVE MUSKEGON Ml 49440 $886.73 $0.00 $886.73
24-205-567-0001-30 955 4TH ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $3,906.88 $0.00 $3,906.88
24-205-567-0001-10 450 WESTERN AVE 450 W WESTERN LLC 4880 RAMBLING CRE MUSKEGON Ml 49441 $1,194.38 $0.00 $1,194.38
24-205-566-0013-00 442 WESTERN AVE GUNDERSON DAVID D 442 W WESTERN AVE MUSKEGON Ml 49440 $1,248.63 $0.00 $1,248.63
24-205-566-0009-00 428 WESTERN AVE MUSKEGON NIGHTS I 24725 GREENFIELD R SOUTHFIELD Ml 48075 $1,805.48 $0.00 $1,805.48
24-605-000-0001-00 939 3RD ST MUSKEGON NIGHTS I 939 3RD ST MUSKEGON Ml 49440 $2,695.00 $0.00 $2,695.00
24-205-316-0009-10 609 WESTERN AVE EMP LLC 16149 BAIRD CT SPRING LAKE Ml 49456 $417.03 $0.00 $417.03
8/15/2007
Page 2 of 3
H 1593 HEARING DATE AUGUST 14, 2007
WESTERN AVE., 8TH ST. TO 3RD ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS .. $53,169.90 $0.00 $53,169.90
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
:-:a?SZ&? v~
DAN VANDERKOOI, ACTING DIRECTOR,COUNTY EQUALIZATION
g/lt,,/01
DATE
;z, re::£:< 0 /£,-
LAWRENCE SPATAROf CITY COMMISSIONER
<;?-/0 =07
DATE
~~Lk [(.- 1 e_,·1.s..~- ~o J-17- 0 7
SUE WIERENGO
u CITY COMMISSIONER DATE
8/15/2007
Page 3 of 3
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: August 14, 2007
RE: Public Hearing
Spreading of the Special Assessment Roll
Getty Street, Hovey Ave. to Keating Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Getty St. from Hovey
Ave. to Keating Ave., and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMP ACT:
A total of $73,799.36 would be spread against the twenty-one (21) parcels abutting the project.
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
Resolution No. 2007-68 ( d)
Resolution Confirming Special Assessment Roll
For Getty St. from Hovey Ave. to Keating Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on August 8, 2006, 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 (I 0) years. Any assessment 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: Getty St., from Hovey Ave. to Keating Ave.
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, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
City of Muskegon
\' ~ ('\\· . .. () ii
vv
By '" ),\ "'' "'-'1\J'v,_). \'..;kt L,
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on August 14, 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 I 976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being August 14, 2007.
r\ City of Muskegon
By \\i,v~l\"-Qv~;__,
1
2tJ1' 1
Ann Marie Becker, MMC
City Clerk
EXHIBIT A
GETTY STREET, KEATING AVE. TO HOVEY AVE.
SPECIAL ASSESSMENT DISTRICT
All parcels abutting the east side of Getty St., from Keating Ave. to Hovey Ave.
Getty Street - Hovey to Keating
Getty- Hovey to Keating
N
~- f--__,_--.-----1 ~ W <.;Jysi> E
s
GETTYST.,HOVEY AVE. TO KEATING AVE. .
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, 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.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1620 ,Getty St., Hovey Ave. To Keating Ave.
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 3rd DAY OF AUGUST 2007
~/Y±'~~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/7 r-1 DAY OF dlfflttS T , 2007.
~~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f - clS-- d0/ ;z_
August 3, 2007
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:
GETTY STREET, KEATING AVE. TO HOVEY AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
AUGUST 14, 2007 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 AUGUST 14, 2007 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.
Costs
The final projected cost of the street improvement portion of the project is $387,500.00 of which
$73,799.36 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed$ 391.68 based on 12.24 feet assessable front footage at $32.00 per assessable foot for
the street improvements. In addition, you will be assessed $0.00 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of$ 391.68 Following are the
terms of the special assessment:
The total assessment of$ 391.68 may be paid in full any time by the due date of October 15, 2007
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$ 39.17 (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.
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including 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 change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners In the City of Muskogon who are being spocially assessed for street, sldowalk or other public
Improvements may pay their assessment In the followlng ways:
L_J.J.HllB. Sum PfiY._mrmUJ1£!!ll
Assessments may be paid In full within sixty (60) days of the confirmation of the special assessment roll
j withO(I/ interest.
/1•./n$}Qflment F'_<!Ym!l.nY
Assessmt'Jri\s not paid within the first sixty (60) days may be paid in installments over several yearn 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 $85,00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments• Ten (10) years equal annual principal payments
plus applicable interest as described below,
Interest- Simple Interest is charged at the rate of 5.00% per year unless the City has borrowed money
lo complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged Is equal to !he Interest rate !he City
mlJSt pay on the borrowed money plus 1.00%.
Ill...Sn.~c;f~lAfi.:i/~§.:i/m.ent Defern!L{l,.ow lnr;.Qm!?.$J1!!{ors and Disa1l/9JLE.c.tl'JP11fil
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be tolally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and havo owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen or the U.S.
• Have a tolaf household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessmenl,
including delinquent. current, and further installmonts, Al the time of payment a lien will be recorded on your
proporty in favor of the Stale of Michigan. Repayment lo the State must be made at the lime the property is
sold or transferred or afler the death of the owner(s), During the time the special assessment is deferred
interest Is accrued at the rate or 6.00% per year.
lV, Further ln[.9rmatfon AbQIJtlh.'l.ft/;ove Pro_gfJ!/11.f.i
f'urther information sbout any of !he above payment options may be obtained by calling eilher the City
Assessor's Office ;it 724-6708 or the City Treasurer's Office at 724-6720. Appl/ca/Ions may be obtained at
tile Muskegon County Equalization Office in the Muskegon C()l)nty building or City of Muskegon Assessor's
Office in City Hall.
.V.. ... l!ddltional Speci!!l..Jlu,gnment Payment A~i!lManc~
Qua lifted low and moderate income homeowners who aro being assessed may be eligible for payment
assistance through the City or Muskegon Community Development Block Grant (CDBG) Progr:arn, Assistance
frcm this program will be available to the extent that funds are available. To obtain further information and
determine wl1ett1er you aro eligible. contact the Community and Neighborhood Services Department at
724-6717,
CITY OF MUSKEGON
GETTY STREET, KEATING AVE. TO HOVEY AVE. H 1620
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. . .
HO"IJSEHOLD 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# _ _ -_ _ -_ _
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. . ·.
PROPERTY INFORMATION .
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
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 OFFICE USE 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
GETTY STREET, KEATING AVE. TO HOVEY AVE.HJ620
REQUEST FOR WAIYER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already
applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist
homeowners, who may have difficulty paying the cost of street 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 2006, pension or other benefit checks, bank statements for direct deposits or agency statements for all
household income.
2007
65% 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,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 ver(fy all application information. {f 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 contain falsified information or insufficient documentation. The City must complete the sidewalks.
Costs incurred from repairs done be you or a private contractor will not be reimbursed.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
GETTY STREET, KEATING AVE. TO HOVEY A VE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting the east side of Getty St., from Keating Ave. to Hovey Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of
Muskegon Commission Chambers on August 14, 2007 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 HA VE THIRTY (30) DAYS FROM THE DA TE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STA TE
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 further 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: AUGUST 4, 2007
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 of TDD (231) 724-6773
Acct# 643-60447-5267
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON
"AUG 2 1 2006
Resolution No. 2006-68(b)
ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Getty St., Hovey to Keating
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on August 8, 2006 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 August 8, 2006, there were 89.02 % 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:
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 detennines 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
Commissioner Carter and Mayor Wannington
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 11.12% of the cost of the street improvement ,viii 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 v,1hich the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Carter, Davis, Gawron, Shepherd, Spataro, Warmington,
and Wierenga
Nays None
CITY OF MUSKEGON
By ~ ~
Linda Potter, Acting City Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on August 8, 2006. 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
By ~
Linda Potter, Acting City Clerk
EXHIBIT A
GETTY STREET, KEATING AVE. TO HOVEY AVE.
SPECIAL ASSESSMENT DISTRICT
All parcels abutting the east side of Getty St., from Keating Ave. to Hovey Ave.
Getty Street - Hovey to Keating
Getty- Hovey to Keating
N
1--..----,----1, C w <;Ji+ i? E
s
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Getty Street Keating Ave. to Hovey Ave.
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 28TH DAY OF JULY, 2006.
~ ii&
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND sw~ BEFORE ME THIS
11 DAY OF ~ , 2006.
~ l°=-,.,_~ . t;:Alk!!)-d ,Ji-:
NOTARY PUBC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES D S · ) ~ - ~ L) \ ~
H 1620 HEARING DATE AUGUST 14, 2007
GETTY STREET, KEATING AVE. TO HOVEY AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-133-100-0011-00 2010 GETTY ST BABBITT SEAN 7282 LEONARD ST NE ADA Ml 49301 $391.68 $0.00 $391.68
24-133-100-0028-00 2020 GETTY ST BABBITT SEAN 7282 LEONARD ST NE ADA Ml 49301 $2,214.40 $0.00 $2,214.40
24-133-100-0015-00 2040 GETTY ST PJA DEVELOPMENTS 3380 GLADE ST MUSKEGON Ml 49444 $15,761.60 $0.00 $15,761.60
24-860-000-0001-00 2106 GETTY ST HARVEY HAROLD E 2956 DEBAKER RD MUSKEGON Ml 49444 $1,280.00 $0.00 $1,280.00
24-860-000-0002-00 2112 GETTY ST HARVEY HAROLD E 2956 DEBAKER RD MUSKEGON Ml 49444 $2,560.00 $0.00 $2,560.00
24-860-000-0007-00 2152 GETTY ST LISINSKI DEBRA L 1980 MICHILLINDA RD TWIN LAKE Ml 49457 $6,144.00 $0.00 $6,144.00
24-860-000-0012-00 2174 GETTY ST LOERA VALENTINO PO BOX4546 MUSKEGON Ml 49444 $1,536.00 $0.00 $1,536.00
24-860-000-0013-00 2184 GETTY ST J F B USED CARS 2184 S GETTY ST MUSKEGON Ml 49444 $2,560.00 $0.00 $2,560.00
24-860-000-0015-00 814 HACKLEY AVE BIKSACKY JOSEPH F 5671 GRANDEL MUSKEGON Ml 49442 $1,350.40 $0.00 $1,350.40
24-860-000-0016-00 2214 GETTY ST MURAT CARL 2214 S GETTY ST MUSKEGON Ml 49444 $2,560.00 $0.00 $2,560.00
24-860-000-0018-00 2222 GETTY ST MURAT CARL 2214 S GETTY ST MUSKEGON Ml 49444 $1,280.00 $0.00 $1,280.00
24-860-000-0019-00 2226 GETTY ST JBS SHEET METAL IN 2226 S GETTY ST MUSKEGON Ml 49442 $3,840.00 $0.00 $3,840.00
24-860-000-0022-00 2244 GETTY ST WRIGHT GERALD K 2081 E VIRGINIA DR MUSKEGON Ml 49444 $3,840.00 $0.00 $3,840.00
24-860-000-0025-00 2270 GETTY ST GOMEZ ANTHONY S 16500 HICKORY ST SPRING LAKE Ml 49456-1 $2,560.00 $0.00 $2,560.00
24-860-000-0027-00 2280 GETTY ST KITTEL ROY 2280 S GETTY ST MUSKEGON Ml 49444 $2,560.00 $0.00 $2,560.00
24-860-000-0029-00 2294 GETTY ST STONE JULIE L 3755 HENRY ST APT 1 MUSKEGON Ml 49441 $2,668.80 $0.00 $2,668.80
24-133-300-0006-00 2306 GETTY ST PAWN IT ALL LLC PO BOX 122 NUNICA Ml 49448 $3,856.00 $0.00 $3,856.00
24-133-300-001 0-00 2350 GETTY ST AT & E LLC 2350 S GETTY ST MUSKEGON Ml 49444 $4,000.00 $0.00 $4,000.00
8/15/2007
' Page 1 of 2
H 1620 HEARING DATE AUGUST 14, 2007
GETTY STREET, KEATING AVE. TO HOVEY AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-133-300-0013-10 2386 GETTY ST TILFORD LARRY J/ON 3889 EASTBROOK DR MUSKEGON Ml 49444 $2,373.12 $0.00 $2,373.12
24-860-000-0004-00 2124 GETTY ST HARVEY HAROLD EIH 2956 DEBAKER RD MUSKEGON Ml 49444 $3,840.00 $0.00 $3,840.00
24-133-300-0013-00 2370 GETTY ST PK EMERALD LLC PO BOX 391 SPRING LAKE Ml 49456 $5,110.08 $0.00 $5,110.08
24-133-100-9993-00 900 BARNEY ST MICHIGAN SHORE RAI 400 W 15TH ST SUITE AUSTIN TX 78701-1 $1,513.28 $0.00 $1,513.28
TOTALS .. $73,799.36 $0.00 $73,799.36
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
v~
DAN VANDERKOOI.ACTING DIRECTOR,COUNTY EQUALIZATION
3LIC) o-r
DATE
'L~~«±
..,... ~' CITY COMMISSIONER
~/cz!or
'
f?, !'7- o?
CITY COMMISSIONER DATE
8/1512007
Page 2 of 2
3889 Eastbrook Dr.
Jennifer A. O'Neil Muskegon, Ml 49444
231 -767-9476 (Home)
231-855-3501 (Business)
Lany J. Tilford
August 14, 2007
City of Muskegon - Board of Commissioners
City Hall Chambers Room 107
933 Terrace St.
Muskegon, Ml 49440
Dear Commissioners:
Larry Tilford and Jennifer O'Neil, owners of property located @ 2386 S. Getty St. wish to cast a
negative vote towards the special assessment of costs related to repaving Getty St. from Hovey to
Keating. We voiced this opinion in the first meeting that was held, in which all of the property owners
present, and those who were able to respond to the first "short notice" letter, agreed that the property
owners should not be responsible for costs relating to this project.
As outlined in the print out attached (Project Management & Engineering for the Municipality of
Anchorage Alaska), "Major roads, such as collectors and arterials, are fully funded through municipal
and state capital programs". This should also be the case for Getty St. repairs. Getty St. is a main
artery for Muskegon and is used to transport people from Business 31 into other areas in inner
Muskegon. Since this road is a means of transportation for many others than just the property owners
and their customers, the cost should be funded through other means than a special assessment to the
owners who were also inconvenienced by this as well.
As a finance manager for a government entity, I understand the need for obtaining and using
grant money when available however; I also understand that many other financing options need to be
looked into at the time of planning. The businesses on Getty St. are small independently owned
businesses, not huge corporations that can easily absorb these costs. For a business which is
operating at the margin, these costs can be devastating. I would also assume that in these times in
which companies are folding, moving and laying off people, we need to assist the small business which
are still employing the residents of this community.
We thank you for your time and consideration in this manner and look forward to having this
resolved this evening circumventing the need to appeal this with the State of Michigan tax tribunal.
Sincerely,
Road Improvement District Page 1 of 2
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A Road Improvement District (RID) is a method of Re lated Agend
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Propositions municipal and state capital programs In upgrade RIDs, Ext ern a l Links
Parl, Bon cl where local roads are improved to an upgraded standard • Alask_a DOT
Propositio n s (such as gravel to pavement), the Municipality pays 30% • Federal DOT
• Federal Highway Adi
Project !l id Sch edule of the costs if property owners agree to pay the remaining • South Coasta l Trai l
Average Uid P ric es 70%. In reconstruction RIDs, where local roads are • State Road Construe
Flood l-laza1d 1-'crmii~
reconstructed to the same standard, the Municipality pays
90 % of the costs, if property owners agree to pay the
remaining 10% .
These funding programs have some restrictions and are
not available in all areas of Anchorage. Below is an
overview of the RID process:
Step 1. Initiation:
RIDs are initiated with a written request from a benefiting
property owner to the RID Coordinator. The letter should
identify the subject road(s) and the type of improvements
requested. If the road has municipal maintenance and is
in an area with a funding program, the proj ect is added
http://www.ci.anchorage.ak.us/projectmgmt/RIDistrict.cfm 8/14/2007
Road Improvement District Page 2 of2
the list of projects to be petitioned.
Step 2. Petitioning:
Once the improvements and the benefiting property are
defined, costs and assessments for each parcel are
estimated. The assessments vary for each parcel based
primarily on lot size and lot frontage. Petition statements
are then mailed to each property owner with information
including the estimated cost, the estimated assessment,
payment options, and an anticipated project schedule.
Property owners indicate on these statements whether
they are in favor or opposed to the RID, and return them
to the Municipality. A neighborhood meeting is usually
held during the petition process.
Step 3. Approval:
If property owners representing more than 50% of the assessable costs
respond in favor, the RID passes and documents are prepared for the
required assembly approval. A public hearing is held before assembly
action. The assembly must agree that the assessments are proportionate
to the benefit being received.
Step 4. Project Development:
Upon assembly approval, the district is created and the project is designed
and constructed. This process usually takes 1-3 years depending on the
size of the project and the availability of funding.
Step 5. Final Assessments:
When project costs are totaled, final assessments are calculated and the
information is mailed to property owners. Final assessments cannot
exceed the estimated amount by more than 10% without property owner
approval. Then, a property owner meeting is scheduled to discuss any
concerns about the final assessment calculations and documents are
prepared for final assembly action to levy final assessments. A public
hearing is held before Assembly action leving the assessment.
Step 6. Billing:
Assessment billing occurs about 2 months after assembly action to levy the
assessments. The annual billings give the property owners the option of
paying the assessment in full or through the payment plan presented to
them in the RID process.
Please contact the RID Coordinator at 343-8120 for additional
information. An RID can be initiated with a written request to the
RID Coordinator at P.O. Box 196650 Anchorage, Alaska 99519 or
by email to LamsonJL@muni.org.
632 W. 6th Avenue Anchorage, Alaska 99501
PO Box 196650 Anchorage, Alaska 99519
Disclaimer I Privacy Statement I Site Help I (c)2004 MOA IT e-Gov
http://www.ci.anchorage.ak.us/projectmgmt/RIDistrict.cfm 8/14/2007
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION M E E T I N G - - - - - - - - - - ~
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 1, 2007
RE: Waiver of Building Permit Fees
SUMMARY OF REQUEST:
To consider a request from United Way to waive building permit fees for the construction of a
pavilion at the Grand Trunk to take place on September 7, 2007. The laying of the foundation
will take place before that date.
FINANCIAL IMPACT:
Approximately $169.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To deny the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\PROJECT RAMP BLDG PERMIT FEES 080107
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
August 1, 2007
Waiver of Building Permit Fees
SUMMARY OF REQUEST
To consider a request from Love, INC to waive building permit fees for the construction of
accessible ramps.
FINANCIAL IMPACT
$50 - $65 per ramp.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION
To deny the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\PROJECT RAMP BLDG PERMIT FEES 080107
Twenty five years in :Musliegon County!
J-fe(ping Cfiurcfies J-fe(p 'Peoy(e
Love INC
Love In the Name of Christ
R E ,, ''°' I .\f, F.-·- D
0( th.JlkeQOO County
·, ··-
, .. / ! .. ,_ ~ ..
July 17, 2007
JUL 2 5 2007
Bryon Mazade, City Manager MUSt<.i; 1..;1..H'<J
City of Muskegon CITY MANP.GCH'S OFFICE
933 Terrace
Muskegon Ml 49442
Dear Mr. Mazade:
Project Ramp of Muskegon County (administered by LOVE, INC) serves low-income people
with permanent disabilities by constructing ramps that make their homes accessible throughout
Muskegon and Oceana Counties
With volunteer support, this group is able to construct ramps for the cost of the materials only.
All labor is provided by volunteers beginning with the actual drawing to the final boards being
installed. When first organized, Project Ramp was able to secure building permits at no cost from
all the area municipalities. However, recently several local governments have begun charging
LOVE, Inc. for the building permits, which adds to the final cost of these ramps. As you are
aware, LOVE, Inc. is a non-profit agency and does not have extra money for these additional
costs.
Materials are purchased through Keene Lumber at a reduced cost thanks to their generosity.
However costs oflumber have increased recently. Even though Project Ramp is able to
construct ramps for the cost of the material only, the cost still averages between $1,000 - $1,500
per ramp. Nearly all ramps are paid for through public funding or through service groups such as
VFW's, churches, etc. These funding organizations do not cover the cost of the permit and
this puts an added burden on Muskegon County LOVE, Inc., which is already strapped for
funding. Many elderly and people with disabilities are unable to pay the cost of the ramp and do
not have access to any local funding. With their limited incomes, even paying for a building
permit can be a huge burden for them. These individuals are put on a waiting list until funds are
located. This may be months, during which time that individual is unable to leave or return to
the home without a great deal of difficulty and assistance.
Therefore, with this letter, we are formally requesting that the cost of the building permit, for
LOVE, Inc. to have these ramps constructed, be waived.
There are currently 26 people in Muskegon and Oceana Counties waiting for ramps. Multiply
that times the cost of permits and you can understand why we are requesting waivers.
2525 Hall Road • Muskegon • Michigan 49442 • (231) 773-3448 • Fax 773-4007 •
Lovelnc.Muskegon@Verlzon.net
Thank you in advance for considering this request.
Sincerely,
Project Ramp Member Agencies:
Ron Hayward, Cindy Musick,
LOVE Inc. Volunteer LOVE Inc.
£ ;l~waJ ~~
Sue McCrimmon, Lynne Nash, Dennis Nienow, Supervisor
Muskegon CMH Disa ility Connection Muskegon DHS
~//~
Dawn Benkert, Jane O'Lonergan, P.T. Tammy Kastelic,, Care Manager
County Health Dept. /CSHCS Hackley VNS HHS, alth Options
,(~ .&wlut-~~4:ritr: ~,
Cheryl Snow, Program Director
a;z:1;::7
2525 Hall Road • Muskegon • Michigan 49442 • (231) 773-3448 • Fax 773-4007 •
Lovelnc.Muskegon@Verlzon.net
Date: April 24, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MDOT Agreement for the traffic signal
upgrade on Laketon Ave. from Creston St. to
Barclay St. and the traffic signal installations on
Marquette Ave. at Harvey St. and Broadmoor St.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the traffic signal upgrade on Laketon
Ave. from Creston St. to Barclay St. and the traffic signal installations on Marquette Ave.
at Harvey St. and Broadmoor St. and to approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT's participation is limited to the federal funds of $308,000. The estimated total
construction cost is $379,000.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION 2007-69(c)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE TRAFFIC
SIGNAL UPGRADE ON LAKETON AVE. FROM CRESTON ST. TO BARCLAY ST. AND THE
TRAFFIC SIGNAL INSTALLATIONS ON MARQUETTE AVE. AT HARVEY ST. AND BROADMOOR
ST. TOGETHER WITH OTHER NECESSARY RELATED WORK AND AUTHORIZATION FOR
MAYOR STEPHEN J. WARMINGTON AND CITY CLERK ANN BECKER TO EXECUTE SAID
CONTRACT
Moved by Commissioner Carter and supported by
Commissioner_ __:S..:.h:.:ec.p:.:h;:.;e:.:r:..cd::__ _ _ _t.hat the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 07-6379 between the Michigan
Department of Transportation and the City of Muskegon for the traffic signal upgrade on Laketon
Ave. from Creston St. to Barclay St. and the traffic signal installations on Marquette Ave. at
Harvey St. and Broadmoor St. within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 07-6379 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this__l_4_t_h__,day of August
Ann Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
August 14, 2007. The nieeting 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
Bv\ :L~\1"v,¼\
Ann Becker, City Clerk
fu/(JL-1'"'
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION KIRK T. STEUDLE
DIRECTOR
GOVERNOR
LANSING
August 23, 2007
RECEIVED
'! ·,
'·d _)
'ln<l'/
f_.Ob1
Ms. Anne M. Becker
Clerk ,Pity Clerks Office
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon,MI 49443-0536
Dear Ms. Becker:
RE: MDOT Contract No.: 07-5379
Control Section: CMG 61400; CM 61400
Job Number: 90396; 90397
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
cc: Project Accounting
M. Harbison, Design Support Area
Grand
MURRAY 0. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • {517) 373-2090
LH-LAN-0 (01/03)
CMAQ DAB
Control Section CMG 61400; CM 61400
Job Nwnber 90396;90397
Project CMG 0761(025)
CM 0761(024)
Federal Item No. JJ 2804; RR 5822
CFDANo. 20.205 (Highway
Research Planning &
Construction)
Contract No. 07-5379
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement
Provisions), is made and entered into this date of AJJG 2 3 2007 , by and between
the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and
obligations of the parties in agreeing to the following improvements, in the City of Muskegon,
Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I",
dated June 28, 2007, attached hereto and made a part hereof:
PART A- CMG 61400; JOB# 90396; CMG 0761(025); JJ 2804
Traffic signal upgrading and concrete sidewalk ramp work along Laketon Avenue from
Barclay Street to Creston Street; and all together with necessary related work.
PART B-CM 61400; JOB# 90397; CM 0761(024): RR 5822
Traffic signal upgrading work at the intersection of Marquette Avenue and Harvey Street
and at the intersection of Marquette Avenue and Broadmoor Street; and all together with
necessary related work.
WITNESS ETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the
use of Federal Funds under the following Federal program(s) or funding:
09/06/90 STP.FOR 6/29/07 1
CONGESTION MITIGATION AND AIR QUALITY
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will
be charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering, construction materials testing, inspection, and right-of-way are
excluded from the PROJECT COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer
on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to
the PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering,
construction materials testing, and inspection services necessary for the
completion of the PROJECT.
09/06/90 STP.FOR 6/29/07 2
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing
sequences for trnnkline signals that, if any, are being made part of the improvement. No timing
adjustments shall be made by the REQUESTING PARTY at any trnnkline intersection, without
prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Congestion Mitigation and Air Quality Funds shall be applied to the
eligible items of the PART A portion of the PROJECT COST at the established
Federal participation ratio equal to 100 percent up to an amount not to exceed
$250,000. The balance of the PART A portion of the PROJECT COST, after
deduction of Federal Funds, shall be charged to and paid by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
PARTB
Federal Congestion Mitigation and Air Quality Funds shall be applied to the
eligible items of the PART B portion of the PROJECT COST at the established
Federal participation ratio equal to 80 percent up to an amount not to exceed
$58,000. The balance of the PART B portion of the PROJECT COST, after
deduction of Federal Funds, shall be charged to and paid by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share
of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein
provided. All payments will be made within 30 days of receipt of billings from the
DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING
PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT
progresses.
In the event of any discrepancies between PART I and PART II of this contract, the
provisions of PART I shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY
will promptly cause to be enacted and enforced such ordinances or regulations as may be
necessary to prohibit parking in the roadway right-of-way throughout the limits of the
PROJECT.
09/06/90 STP.FOR 7/9/07 3
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable
to a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and
is not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection
of property within the existing right of way on which construction is to be performed to
determine if any hazardous substances were present; and at sites on which historically were
located businesses that involved hazardous substances, it performed a reasonable investigation to
determine whether hazardous substances exist. This reasonable investigation should include, at a
minimum, contact with local, state and federal environmental agencies to determine if the site
has been identified as, or potentially as, a site containing hazardous substances; d) it did not
cause or contribute to the release or threat of release of any hazardous substance found within the
PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of
any hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the
REQUESTING PARTY has included all estimated costs of remediation of such hazardous
substances in its estimated cost of construction of the PROJECT.
10. If, subsequent to execution of this contract, previously unknown hazardous
substances are discovered within the PROJECT limits, which require environmental remediation
pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that
fact to the Department of Environmental Quality, shall immediately notify the DEPARTMENT,
both orally and in writing of such discovery. The DEPARTMENT shall consult with the
REQUESTING PARTY to determine ifit is willing to pay for the cost of remediation and, with
the FHWA, to determine the eligibility, for reimbursement, of the remediation costs. The
REQUESTING PARTY shall be charged for and shall pay all costs associated with such
remediation, including all delay costs of the contractor for the PROJECT, in the event that
remediation and delay costs are not deemed eligible by the FHWA. If the REQUESTING
PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the
PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a
result of such termination shall be considered a PROJECT COST.
1 I. If federal and/or state funds administered by the DEPARTMENT are used to pay
the cost of remediating any hazardous substances discovered after the execution of this contract
and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation
with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent
09/06/90 STP.FOR 6/29/07 4
effort to recover such costs from all other possible entitles. If recovery is made, the
DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit
such sums to the appropriate funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway
Administration pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT or its agents pursuant to the terms of this contract are done to assist
the REQUESTING PARTY in meeting program guidelines in order to qualify for available
funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT or its
agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their
ultimate control and shall not be construed as a warranty of their propriety or that the
DEPARTMENT or its agents is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT or its agents does
not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in
MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the REQUESTING
PARTY and other local agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to
be used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.
09/06/90 STP.FOR 6/29/07 5
16. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor,
vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for
the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims
shall be considered PROJECT COSTS.
17. The DEPARTMENT shall require the contractor who is awarded the contract for
the construction of the PROJECT to provide insurance in the amounts specified and in
accordance with the DEPARTMENT'S current Standard Specifications for Construction and to:
A. Maintain bodily injury and property damage insurance for the duration of
the PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State
of Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other county, county road commission,
or municipality in whose jurisdiction the PROJECT is located, and their
employees, for the duration of the PROJECT and to provide, upon request,
copies of certificates of insurance to the insureds. It is understood that the
DEPARTMENT does not assume jurisdiction of the highway described as
the PROJECT as a result of being named as an insured on the owner's
protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction
and to provide, upon request, copies of notices and reports prepared to
those insured.
09/06/90 STP.FOR 6/29/07 6
18. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolutions approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
B ~ ,~::'-Cfv,_.Z.,, ½,z.,\lv,
Title: Ann Marie Becker , MM6°
City Clerk
09/06/90 STP.FOR 6/29/07 7
June 28, 2007
EXHIBIT I
CONTROL SECTION CMG 61400; CM 61400
JOB NUMBER 90396;90397
PROJECT CMG 0761(025); CM 0761(024)
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $291,700 $125,800 $417,500
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $291,700 $125,800 $417,500
Less Federal Funds* $250,000 $ 58,000 $308,000
BALANCE (REQUESTING PARTY'S SHARE) $ 41,700 $ 67,800 $109,500
*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT
COST at a participation ratio equal to I 00 percent up to an amount not to exceed $250,000.
Federal Funds shall be applied to the eligible items of the PART B portion of the PROJECT
COST at a participation ratio equal to 80 percent up to an amount not to exceed $58,000.
NO DEPOSIT
09/06/90 STP.FOR 7/9/07 8
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION Ill ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
I
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the follo"ing
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations
(CFR), and all supplements and amendments thereto.
1. Engineering
a. FAPG (6012.1 ): Preliminary Engineering
b. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. FAPG (23 CFR 635A): Contract Procedures
d. FAPG (49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. F APG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
C. F APG (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
d. FAPG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 635B): Force Account Construction
f. F APG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
1. F APG (49 CFR 18.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 140!): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with F APG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Pmtection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted iri all· other' pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEPARTMENTwill advertise and award all contracted portions of the PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency, firm.
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements will be covered by formal ,vritten agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 31, 23 CFR Part 140, 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172), which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, atno cost to the PROJECT or the DEPARTMENT, shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment cifall costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party ¼ith
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon •written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
..
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. The REQUESTING PARTY shall establish and maintain accurate records. in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established ·
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3) years
from the date of final payment of Federal Aid made by the DEPARTMENT under
this contract. In the event of a dispute with regard to the allowable expenses or any
other issue under this contract, the REQUESTING PARTY shall thereafter continue
to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
The DEPARTMENT, or -its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
in the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
supply appropriate excerpts and make alternate arrangements to conveniently and
03-15-93 7
arrangements to conveniently and reasonably make that documentation available
for review by the DEPARTMENT. The RESPONSE shall refer to and apply the
language of the contract. The REQUESTING PARTY agrees that failure to
submit a RESPONSE within the sixty (60) day period constitutes agreement with
any disallowance of an item of expense and authorizes the DEPARTMENT to
finally disallow any items of questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of
the Notice of Audit Results. If the DEPARTMENT determines that an
overpayment has been made to the REQUESTING PARTY, the REQUESTING
PARTY shall repay that amount to the DEPARTMENT or reach agreement with
the DEPARTMENT on a repayment schedule within thi1iy (30) days after the
date of an invoice from the DEPARTMENT. If the REQUESTING PARTY fails
to repay the overpayment or reach agreement with the DEPARTMENT on a
repayment schedule within the thirty (30) day period, the REQUESTING PARTY
agrees that the DEPARTMENT shall deduct all or a p01iion of the overpayment
from any funds then or thereafter payable by the DEPARTMENT to the
REQUESTING PARTY under this contract or any other agreement, or payable to
the REQUESTING PARTY under the terms of 1951 PA 51, as applicable.
Interest will be assessed on any partial payments or repayment schedules based on
the unpaid balance at the end of each month until the balance is paid in full. The
assessment of interest will begin thirty (30) days from the date of the invoice.
The rate of interest will be based on the Michigan Department of Treasury
common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the' Michigan
Department of Treasury common cash funds interest earnings. The
REQUESTING PARTY expressly consents to this withholding or offsetting of
funds under those circumstances, reserving the right to file a lawsuit in the Court
of Claims to contest the DEPARTMENT'S decision only as to any item of
expense the disallowance of which was disputed by the REQUESTING PARTY
in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984,
P.L. 98-502.
The REQUESTING PARTY shall adhere to the following requirements
associated with audits of accounts and records:
a. Agencies expending a total of $500,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address belm\· m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the aniount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work - All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent FAPG Directives and Guidelines of the FHWA.
0
.J. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
03-15-93 9
4. Final billing under this contract shall be submitted in a timely manner but no1 later
than six months after compietion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies. the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHW A, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
I. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the ·contracted. and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (10) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
0
.) . Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHW A, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(I ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (100%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION JV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each ofthe parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
I. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices, and will not install, or
permit to be installed, any sig.ns, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC I 09( d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
C. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHW A, if required.
03-15-93 13
.'
B. On projects for the removal of roadside obstacles, the parties·, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTNG
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth ( l 0th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-I 975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. -t-53, Public Act~ of 1976 1 the contractor hereby agrees not to discriminate against an emploj'ee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age. sex. height, weight, or
marital status, Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 4'8, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with r~spect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because ofa disability that is unrelated to the individual's ability to perform the duties ofa particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as herein above set forth in Section l of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated -.vithout
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties ofa particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his colJective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directiyes, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also. elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, aOd orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor bas not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State ofMichigan,which Administrative
Board may order the cancellatio~ of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation ofan existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March. 1998
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the 11 contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title ~9, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
Oi supplier shall be notified by the contrnctor of the contractor s obligations under this contract and the
1
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or t_he Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with .the
nondiscrimination provisions of this contract, the Michigan Department ofTransportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole o·r in "j;,art
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non~
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcont_ractor or supplier as a result of such direction, the contractor may request the
Michigan Department ofTransportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: August13,2007
To: Honorable Mayor and City Commissioners
From: City Clerk's Office
RE: Representation at the MML Meeting
SUMMARY OF REQUEST: It is time to nominate a representative and an
alternate to represent the City of Muskegon at its annual Michigan Municipal
League business meeting.
Financial Impact: None
Staff Recommendation: Staff recommends appointing a representative and
an alternate.
-;;;i
~~ ....
~ ,-.-
MICHIGAN
Aug ust 6, 2007
MUNICIPAL
LEAGUE Michigan Municipal League Annual Meeting Notice
President (Please present at the next Council or Commission Meeting)
Vicki Barnell
Mayor,
Dear Offic ial:
Farming ton I !ills
Vice President The Annual Convention of the Michigan Munic ipal League will be held in Acme, September
Gladys A. Solokis
Mayor, Gaylord 18-20, 2007. The annual meeting is scheduled for 11:00 a.m. 011 Wednesday, September 19,
at the Grand Traverse Resort. The meeting will be held for the following purposes:
Trustees
Robin E. Beltramini
Councilrnember, Troy 1. Election of Trustees. To elect six members of the Board of Trustees for terms of
three years each (see page 2).
Robert F. Came ro n
Village President,
Newberry 2. Policy. To vote on statements of policy and resolutions propc-Jy brought before
LaVern Dille nber the annual meeting. All member municipalities planning 011 submitting resolutions
Mayor, AuGres for consideration at the annual meeting are reminded that under the Bylaws, the
D eborah L. Doyle
deadline for receiving resolutions is August 17, 2007 (see page 2).
Cou1iciln1en1ber,
Durand 3. Other Business. To transact such other business as may properly come before the
Dana W. Foster
meeting.
City Manager, Brighton
Des ignatio n of Voting Delegates
George Heartwell
Mayor, Grand Rapids
Pursuant to the provisions of the League Bylaws, yc ,u are requested lo desi gnate by action of
Je ffrey Je nks
Mayor Pro Tem your governing body one of your officials who will be in attendance at the ~:onvention as your
H u ntingto n Woods offic ial representative to cast the vote of the municipality at the annual mec:ling, and. if possible,
Kwame M. Kilpatrick
to designate one other official lo serve as alternate. After taking this actior,, please return the
Mayor, Detroit enclosed reply card no later than August 27, 2007.
Linda L. Gedeon-Kuhn
Commissioner, Regarding the designation of an official representative of the member to the an nua l meeting,
Bridgman please note the following section of the MML Bylaws:
Lan y Nielsen
City Manager, Bango1 "Section 4.4 - Votes of M embers. Each member shall be equally priv ,leged with all
Jo hn C. Siira
other members in its voice and vote in the election of officers and up,Jn any pro position
City Manager, presented for discussio n or decision at any meeting of the members. ·-tonorary
Wakefield Members shall be entitled to participate in the di.:;cussio n of any quei,,ion, but such
Karl S. Tomion members shall not be entitled to vote. The vote of each member shall be cast by its
City Manager, official representative attending the meeting at which an e lection of officers or a
Port I luron decision on any proposition shall lake place. Each member shall, by action of its
Kenne th Tousignant governing body prior to the annua l meeting or any specia l meeting, appoint one official
Mayor, Iron Mountain of such member as its principal official representative lo cast the vcte of the member at
Gary Tuzinowski such meeting, and may appo int one official as its al ternate official representative to
Council member, serve in the absence or inabi lity to act of the principal representati•te."
Algo nac
Thomas L. Youalt
City Administrator,
Harbo r Beach
Jo hn J. Zech
City Manager, Wayne
Execu live Director
Daniel P. Gilmartin
1675 Green Road, Ann Arbor, M l 48105 • Phone: 734-662-3246 • Fax: 734-662-8083 , www.mml.org
I. Election of Trustees
Regarding election of officers, under Section 5.3 of the MML Bylaws, six members of the Board of
Trustees will be elected al the annual meeting for a term of three years. The regulations of the Board of
Trustees require the Nominations Committee to complete its recommendations and post the names of the
nominees fur the Board of Trustees on the bulletin board oflhe registration desk at,feast four hours before
the hour of the business meeling.
2. Statements of Policy and Resolutions *
Regarding consideration of resolutions and statements of policy, under Section 4.5 of the MML Bylaws,
the Uoard of Trustees acts as the Resolutions Committee, and "no resolution or motion, except procedural
and incidental mailers having lo do with business properly before the annual meeting or pertaining to llie
conduct of the meeting, shall be considered at the annual meeting unless it is either (I) submitted to the
meeting by the Board of Trustees, or (2) submitted in writing to the Board of Trustees by resolution of the
governing body of a member at least thirty (30) clays preceding the date of the annual meeting." Thus the
11
deadline this year for the rvIML to receive resolutions is August Ii •
"Every proposed resolution submitted by a member shall be stated in clear and concise language and shall
be accompanied by a statement selling forth the reasons for recommending the proposed resolution. The
Board shall consider the proposal at a Board meeting prior to the next annual meeting and, after
consideration, shall make a recommendation as to the advisability of adopting each such resolution or
modification lhereof."
The proposed 2007-08 Michigan Municipal League Policies and any new proposed Resolutions
recommended by the Board of Trustees for adoption by the membership are available on the MML
website*, to permit governing bodies of member cities and villages to have an opportunity to review such
proposals and delegate to their voting representative the responsibility for expressing the official point of
view of the member at the annual meeting.
The Board of Trustees will meet on Wednesday, September 18, at the Grand Traverse Resort in Acme for
the purpose of considering such other matters as may be requesled by the membership, in addition to other
agenda items.
* The proposed 2007-08 MML Policies are available on the MML website al l1ttp://www.mml.org. lf
yon would like to receive a copy of the proposed policies by fax, please call the League al 800-653-
2483.
Sincerely,
Vicki Barnett
President
~f~j
Daniel P. Gilmartin
Executive Director
Enc.
2
PLEASE RETURN BY AUGUST 27, 2007
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:
Name __C_l_a_r_a_S_h_e~p_h_e_r_d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title City Commissioner
---~-----------------------
0 u r alternate official representative will be:
Name Ann Marie Beclrnr
--'-"=~==~~==~----------------
Tit Ie ___
C_i_t~y~C_l_e_r_lc_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Official action of governing body on -~A:.cu"-g=u~s~t~l~4~,~2~0~0~7_ _ _ __
(date)
Submitted by Ann Marie Becker, City Clerk
Municipality City Of Muskegon
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