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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 8, 2006
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
1:1 CALL TO ORDER:
1:1 PRAYER:
1:1 PLEDGE OF ALLEGIANCE:
1:1 ROLL CALL:
1:1 HONORS AND AWARDS:
1:1 INTRODUCTIONS/PRESENTATION:
1:1 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request - Racquets Downtown Grill. 446 W. Western.
CITY CLERK
C. City - MOOT Agreement for Western Avenue, Third Street to Eighth
Street. PLANNING & ECONOMIC DEVELOPMENT
D. Tool & Die Recovery Zone Status for Aero Foil International. Inc.
PLANNING & ECONOMIC DEVELOPMENT
E. Reaffirmation of the Metropolitan Planning Organization Policy
Committee. CITY MANAGER
1:1 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - ESCO.
PLANNING & ECONOMIC DEVELOPMENT
B. Create a Special Assessment District for Getty Street. Hovey to Keating.
ENGINEERING
C. Spreading of the Special Assessment Roll for Cherry Street. Wilcox to
Thompson. ENGINEERING
D. Spreading of the Special Assessment Roll for Forest Avenue, Ruddiman
to Davis. ENGINEERING
E. Spreading of the Special Assessment Roll for Sixth Street. Houston to
Muskegon. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Former Lakos Property- Holiday Inn. CITY MANAGER
o ANY OTHER BUSINESS:
o 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 Cify 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 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON lWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT LINDA
POTTER, ACTING CITY CLERK, 933 TERRACE STREET, MusKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR
TDD: (231) 724-4172.
Date: August 8, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, July 25, 2006.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None..
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 8, 2006
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 8,
2006.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Clara Shepherd, Lawrence Spataro, Sue Wierenga, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
Acting City Clerk Linda Potter.
2006-66 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 25, 2006.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
D. Tool & Die Recovery Zone Status for Aero Foil International. Inc.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Aero Foil International,
Inc., 1839 Sixth Street.
FINANCIAL IMPACT: The City will forgo approximately $22,660 per year for a total
of approximately $192,61 0 in taxes for the 15 year period of the zone. This is only
for portions of 2012, 2013, 2014 and all of years 2015-2021 (as the property is
currently located in a Renaissance Zone). In addition, any future investments
would be tax exempt also.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
E. Reaffirmation of the Metropolitan Planning Organization Policy
Committee. CITY MANAGER
SUMMARY OF REQUEST: To reaffirm, by resolution signed by the Mayor, the City's
membership on the WestPian Policy Committee as the Metropolitan Planning
Organization Policy Committee for the Muskegon/Grand Haven Urbanized Area
transportation planning program.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read minus items C and B.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-67 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Liquor License Request - Racquets Downtown Grill, 446 W. Western.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Southbound Inc., doing business as
Racquets Downtown Grill, to add a new permit for Outdoor Service.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval
subject to final inspection.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the liquor license request for Racquets Downtown Grill, 446 W. Western.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. City - MOOT Agreement for Western Avenue, Third Street to Eighth
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the contract with Michigan Department Of
Transportation for the reconstruction of Western Avenue from Third Street to
Eighth Street and to approve the resolution authorizing the Mayor and City Clerk
to sign the contract.
FINANCIAL IMPACT: The estimated total construction cost of the project is
$633,800.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the major Street funds as was budgeted and through CDBG grant
funding, and a $50,000 grant from the Community foundation.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the City - Michigan Department of Transportation Agreement for
Western Avenue, Third Street to Eighth Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2006-68 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - ESCO.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ESCO,
has requested the issuance of an Industrial Facilities Exemption Certificate for
the property located at 1221 E. Barney, Muskegon. The total capital investment
is approximately $3,37 4,253 in personal property and $58,647 in real property.
This request qualifies ESCO for a term of twelve years for real property and seven
years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve years for real property and
seven years for personal property.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. No comments were heard from the public.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
public hearing at 5:41 p.m. and approve the resolution granting the Industrial
Facilities Exemption Certificate for twelve years for real property and seven
years for personal property for ESCO.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Create a Special Assessment District for Getty Street. Hovey to Keating.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Getty Street, from Hovey to Keating; and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. The following spoke in opposition: Michelle Poholski, 5845
Maple Island, Nunica, Ml owner of 2306 S. Getty; Attorney Annette Smedley,
3006 Glade, representing 2152 S. Getty, 2214 S. Getty, and 2222 S. Getty; Tom
George, 535 Seminole, owner of 2350 S. Getty; and Roy Kittle owner of Budget
Transmission at 2280 S. Getty.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing at 6:10p.m. and create the special assessment district for Getty
Street, Hovey to Keating and to include 2152 S. Getty, 2214 S. Getty, and 2222 S.
Getty as voting "no".
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
Mayor Warmington and Commissioner Carter were assigned to the Board of
Assessors.
C. Spreading of the Special Assessment Roll for Cherry Street. Wilcox to
Thompson. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Cherry Street from Wilcox Avenue to Thompson Avenue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $23,808 would be spread against the thirteen
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 at 6:12p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Commissioner Davis to close the
Public Hearing at 6:13p.m. and approve the special assessment roll and adopt
the resolution for Cherry Street, Wilcox to Thompson.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
D. Spreading of the Special Assessment Roll for Forest Avenue. Ruddiman
to Davis. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Forest Avenue from Davis Street to Ruddiman Street, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $9,488 would be spread against the five 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 at 6:14 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
Public Hearing at 6:15 p.m. and approve the special assessment roll for Forest
Avenue, from Ruddiman to Davis.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
E. Spreading of the Special Assessment Roll for Sixth Street. Houston to
Muskegon. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Sixth Street from Houston Avenue to Muskegon Avenue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $9,968 would be spread against the six 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 at 6:15 p.m. to hear and consider any comments
from the public. Robert Mitchell, 1260 Seventh Street, owner of 428 Houston,
spoke in opposition.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 6:18 p.m. and approve the spreading of the special
assessment roll for Sixth Street, Houston to Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-69 NEW BUSINESS:
A. Former Lakos Property- Holiday Inn. CITY MANAGER
SUMMARY OF REQUEST: The owners of the Holiday Inn have requested the City
waive the deed restrictions on the former Lakos property and provide clear title
to the property. The hotel owners have offered to pay $10,000 for this
transaction and have agreed to continue to allow the public to use the parking
lot until the property is developed.
FINANCIAL IMPACT: $10,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to provide
clear title to the former Lakos property in exchange for the $10,000 fee for the
transaction, and continue allowing the public to use the parking Jot until the
property is developed.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission discussed various items.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:46 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
Commission Meeting Date: August 8 1 2006
Date: July 27, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cJ3C,
RE: Tool & Die Recovery Zone Status for Aero Foil
International, Inc
SUMMARY OF REQUEST: To approve the attached Development
Agreement and Resolution establishing a Tool & Die Recovery Zone for
Aero Foil International, Inc., 1839 Sixth Street.
FINANCIAL IMPACT: The City will forgo approximately $22,660 per
year for a total of approximately $192,610 in taxes for the 15 year period
of the zone. This is only for portions of 2012, 2013, 2014 and all of
years 2015- 2021 (as the property is currently located in a Renaissance
Zone). In addition any future investments would be tax exempt also.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development
Agreement and Resolution establishing a Tool & Die Recovery Zone,
and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
2006-66(d)
Resolution to Request a Renaissance Recovery Zone
WHEREAS, the City of Muskegon desires to promote economic activity and maintain/increase
the number of jobs available to residents of the area, and;
WHEREAS, certain industries in the state are facing difficult times and the tool and die industry,
in particular, has sustained losses due to foreign competition and increased productivity;
WHEREAS, the designation of a Renaissance Recovery Zone will temporarily reduce the tax
burden paid by the business enabling it to reposition itself to compete globally, and;
WHEREAS, the business has entered into a collaborative agreement with other business entities
having the appropriate North American industrial classification, and;
WHEREAS, the qualified tool and die business property is property leased or owned by a tool
and die business and used primmily for tool and die operations;
WHEREAS, should the area be designated a Renaissance Recovery Zone, property within that
zone will be exempt from taxes levied by the city, county, and other units of government as
provided under this Act, and;
WHEREAS, we estimate that the tax revenue lost, which is estimated on the attached schedule,
would be a small fraction of the benefits the designation of a Renaissance Recovery Zone will
bring the community.
THEREFORE BE IT RESOLVED, that the City of Muskegon requests that the State of
Michigan designate Aero Foil International, Inc., 1839 6'h Street, Muskegon MI 49441, Propetiy
ID # 24-230-001-0001-10 & 24-921-022-0004-10, identified by the resolution a Renaissance
Recovery Zone under Public Act 376 of 1996 for a duration of 15 years.
Adopted this 8th Day of August 2006.
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis,
and Gawron
Nays: None
Absent: None
ATTEST: ~ &
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby ce1tify that the foregoing constitutes a ttue and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
on August 8, 2006.
Linda Potter, Acting City Clerk
Abated Taxes - AeroFoil
Year Abatement Amount
2012 $5,665
2013 $11,330
2014 $16,995
2015 $22,660
2016 $22,660
2017 $22,660
2018 $22,660
2019 $22,660
2020 $22,660
2021 $22,660
ITOTAL Abatement $192,610
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON TOOL AND DIE RENAISSANCE RECOVERY ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49443 ("City")
and Aero Foil International a Tool & Die Manufacturing company located at 1839
61h Street, Muskegon, MI.
Recitals:
A. The City has received a request from the Company and intends to
consider the location designation of a Tool and Die Renaissance Recovery Zone,
and as a condition thereof this Agreement must be approved and executed by
the Company prior to the establishment of the Tool and Die Renaissance
Recovery Zone. Upon approval of Tool and Die Renaissance Recovery Zone
status for the Property, the City will sign this Agreement. The City deems this
Agreement to constitute a necessary element in the City's determination
regarding the location of Company in the Tool and Die Renaissance Recovery
Zone, and the City relies upon the undertakings of Company in the Agreement to
allow and to continue the Tool and Die Renaissance Recovery Zone status of the
Company.
B. The Company intends to install the projects set forth in its
Application for the Tool And Die Recovery Zone. The Company understands that
the City relies upon the undertakings of the Company in the Agreement to
establish and to continue the Company's status as a Tool And Die Renaissance
Recovery Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 Copy of the Michigan Renaissance Zone Act, as amended to
date.
2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
2.1 Maintain the current level of employment at the same level.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning Tool and
1
Die Renaissance Recovery Zone status have been properly filed,
the City shall, in a timely manner, proceed with the appropriate
meetings or applications including as necessary with the State of
Michigan and with all local review entities by law. The City may
consider this agreement in a meeting separate from and prior to the
meeting in which the City or any entity considers the approval of the
applicant for Tool and Die Renaissance Recovery Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to pay any taxes other than those exempted by
the Michigan Renaissance Zone Act, and the failure to pay
any special assessments levied on the Company's property
timely after levy or final appeal.
4.4 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
4.5 Relocation of the Company to a location outside of the City
limits of the City of Muskegon.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Company's rights to due process.
5.1 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been completed or installed by the time set forth in the
attachments, the City will petition the State to revoke the
Tool and Die Renaissance Zone status from the Company.
5.2 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that it would invest, the City will petition the State to revoke
the Tool and Die Renaissance Recovery Zone status from
the Company.
2
5.3 Failure to Maintain the Current level of employment.
Whether or not the installations have been completed, if the
Company has not maintained the number of employees at
the same level as when the application for Industrial Facility
Tax Abatement was submitted, the City will petition the State
to revoke the Tool and Die Renaissance Recovery Zone
status from the Company
5.4 Relocation of the Company to a location outside of the City
limits of the City of Muskegon. In the event the Company
relocates outside of the City of Muskegon, the City will
petition the State to revoke the Tool and Die Renaissance
Zone status from the Company.
5.5 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
3
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Michigan Renaissance Zone Act of the State,
as amended.
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors assigns and
personal representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Tool and Die Renaissance Recovery
Zone designation.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal cor at"
~
By ~~~::___.:~~+--.___ ·:::::c:··=. .
Linda Potter, Acting City Clerk
Dated: -""-'d"'>/f?7<-e"""u\,_,_t_-'-I.L..Z, 2006
Aero Foil International
By~~
Its _ _ _ _ _ _ __
and ,- 1)/~ cluJ·cL--P.
Its t1
Dated: J'vl,rv ;). 7 , 2006
4
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - -
IQ: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 1, 2006
RE: Reaffirmation of the Metropolitan Planning Organization Policy Committee
SUMMARY OF REQUEST:
To reaffirm, by resolution signed by the Mayor, the City's membership on the WestPian
Policy Committee as the Metropolitan Planning Organization Policy Committee for the
Muskegon/Grand Haven Urbanized Area transportation planning program.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb/O:AGENDA METRO PLANNING ORG 080106
h ~ ~~d.
"t
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
Business Name: ~cn..dl I , dJ}U;. . ·
AKA Business Name (if applicable): ~
Operator/Manager's Name: ~;;{/ ~
Business Address:
Reason for Review:
. New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name 0 New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved 0 Denied D No Action Needed D
Income Tax Approved D Owing 0 Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved (2( Denied 0 Pending ZBA 0
Clerk's Approved 0 Owing 0 Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
r.
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
Business Name: ~~ I , dJ!VC. . ·
AKA Bu~iness Name (if applicable): dar~
Operator/Manager's Name: tJ~ ~
Business Address: ff6 w. · ~
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - -- -- -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing 0 Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved ~Denied D Pending ZBA 0
Clerk's Approved Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects 0
Department Signature_ ___~
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=-=~=.:.....:....::~o:;;::;;._~~:.....-·- - - - - - --
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
Business Name: ~~ I , e/JlkC. . ·
AKA Business Name (if applicable): ~
Operator/Manager's Name: ~ ~
Business Address: ff6 !A/ - ~
Reason for Review:
. New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other {JJ;£ Oulto-ra ~
Deadline for receipt of all information: - - - - - - -- - - - -- -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount:
Fire/Inspections Approve'd)L1 Denied D Remaining Defects D
.
f!LJ( p IIL-j
I ML ,1/yM-1/J}If
Department Signature_~~"""'""'~~--~~=::;....__ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor Lice_nse Coordinator
LIQUOR LICENSE REVIE\V FORl\1
Business Name: ~;(;{}rnvnA I . e/J)U; . ·
AKA Business Name (if applicable): ~
Operator/Manager's Name.: ~ ~
Business Address:
Reason for Review:
New License D Transfer of Ownership _0 Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other flJl OuLifora ~
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved~ Owing D Amount:
Fire/Inspections Approved Denied D Remaining Defects 0
-;J; . : (/([_-/tt:tf«Jr &../4P W, / /
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Department Signature {//( ~~
Please return to the City Clerk's Of~
Gail A. Kundinger,
Liquor License Coordinator
I SECTION ON OEUVERY
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Lansing, MI 48909-7505
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PS Form 3811, February 2004 Domestic Return .Receipt 102595-0.2-M-1540
Commission Meeting Date: August 8, 2006
Date: August1,2006
To: Honorable Mayor and City Commissioners
From: Planning
RE: City- MDOT Agreement for:
Western Avenue, Third Street to Eighth Street
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Western
Avenue from Third Street to Seventh Street and to approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
The estimated total construction cost of the project, is $633,800.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
funds as was budgeted and through CDBG grant funding, and a $50,000 grant
from the Community Foundation ..
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITIEE RECOMMENDATION:
None.
RESOLUTION 2006-67 (c)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION OF WESTERN AVENUE FROM THIRD STREET TO SEVENTH STREET
TOGETHER WITH THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND ACTING CITY CLERK LINDA POTTER TO EXECUTE SAID
CONTRACT
Moved by Commissioner Spa taro and supported by
Commissioner Shepherd that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 06-5322 between the Michigan
Department of Transportation and the City of Muskegon for the reconstruction of Western Avenue
from Third Street to Eighth Street within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 06-5322 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.
1
Adopted this 8 h day of August 2006.
I
ATTEST ~
Linda Potter, Acting City Clerk
CERTIFICATION
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
STATE 0FMICIIIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION KIRK T. STEUDLE
GOVERNOR DIRECTOR
LANSING
September 12, 2006
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Tenace Street
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MOOT Contract Number: 06-5322
Control Section: STE61153
Job Number: 83646
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
f~fko
Vanessa Skym
Contract Processing
Design Support Area
Enclosure
cc: B. Kadzban, Design Supp011 Area
Grand Region
Project Accounting, Financial Operations Division
c..c ; r Y-'.17 e,el' '7
f/qn n t .n J
MURRAY D . VAN WAGONER BUILDING • P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
,' J J''
STP DIR
Control Section STE 61153
Job Number 83646
Project STP 0661 (017)
Federal Item No. TTOI73
CFDANo. 20.205 (Highway
Research Planning &
Construction)
Contract No. 06-5322
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement
Provisions), is made and entered into this date of f.hP
1 2 2006 , by and between
the MICHIGAN DEPARTMENT OF TRANSPORT ON, 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 July 7, 2006, attached hereto and made a part hereof:
PART A- FEDERAL PARTICIPATION
Streetscaping work along West Western Avenue from 3'd Street to gth Street; including
stamped concrete crosswalks, colored concrete sidewalk, landscaping, tree plantings,
decorative street lighting, benches, trash receptacles, and planter work; and all together
with necessary related work.
PART B- NO FEDERAL PARTICIPATION
Hot mix asphalt coldmilling and resurfacing work along West Western Avenue from 3'd
Street to gth Street; including contractor staking, audiovisual taping, and irrigation system
work; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
transportation enhancement activities; and
WHEREAS, it has been determined that the PROJECT qualifies for such funding by
virtue of its direct relationship with the intermodal transportation system; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
09/06/90 STP.FOR 717/2006 I
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:
TRANSPORTATION ENHANCEMENT ACTIVITIES
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set fmih this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the pa1iies and in conformity with applicable law, it is agreed:
I. 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, under the terms of this contract, shall:
A. At no cost to the PROJECT
(I) Design or cause to be designed the plans for the PROJECT.
(2) Appoint a project engineer who shall be in responsible charge of
the PROJECT and ensure that the plans and specifications are
followed.
09106190 STP.FOR 7/7/2006 2
(3) Perform or cause to be performed the construction engineering,
construction materials testing, and inspection services necessary
for the completion of the PROJECT.
B. Within I 0 days of any ceremony to be held m connection with the
PROJECT, notify the DEPARTMENT.
C. When issuing any news release or promotional material regarding the
PROJECT, give the DEPARTMENT and FHWA credit for participation
in the PROJECT.
D. Within 60 days of completion of the PROJECT work, prepare and submit
a project report in accordance with current DEPARTMENT requirements.
Said report & notification shall be submitted to:
Jaqueline G. Shinn, Transportation Enhancement Administrator
Office of Economic Development and Enhancement
425 West Ottawa, P.O. Box 30050
Lansing, Michigan 48909
Phone: (517) 335-1069
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing
sequences for trunkline signals that, if any, are being made part of the improvement. No timing
adjustments shall be made by the REQUESTING PARTY at any trunkline 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 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 72 percent
up to an amount not to exceed $325,460. 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
The PART B portion of the PROJECT COST is not eligible for Federal
participation and shall be charged to and paid 100 percent 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.
09/06/90 STP.FOR 7!7/2006 3
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. It is understood that the REQUESTING PARTY is the owner of the facilities
constructed as the PROJECT and that said facilities may require special or unusual operation
and/or maintenance. The REQUESTING PARTY cetiifies, by execution of this contract, that
upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will
properly maintain or provide for the maintenance and operation of the PROJECT, making ample
provisions each year for the performance of such maintenance work as may be required.
On projects for the construction of bikeways, the REQUESTING PARTY 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.
On projects involving the restoration of historic facilities, the REQUESTING PARTY
agrees that the project will not be awarded until the owner of such facilities has an Historic
Preservation Covenant, which includes an Historic Preservation Easement, or an Historic
Preservation Agreement, as appropriate, with the Michigan State Historic Preservation Office in
accordance with 1995 PA 60 for the purpose of insuring that the historic property will be
preserved. The REQUESTING PARTY also agrees that such facilities shall be maintained and
repaired by the REQUESTING PARTY or owner, as applicable, at no cost to the
DEPARTMENT or the PROJECT, in such a manner as to preserve the historical integrity of
features, materials, appearance, workmanship, and envirmm1ent.
On projects which include landscaping, the REQUESTING PARTY agrees to perform or
cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary
to properly establish the plantings for a period of two growing seasons, in general conformance
with Section 815.03(1) of the DEPARTMENT'S Standard Specifications for Construction. The
REQUESTING PARTY shall maintain all plantings following completion of said period of
establislunent.
Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may
disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation
Enhancement projects or in other 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.
09/06/90 STP.FOR 7/7/2006 4
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 prope1iy 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 prope11y 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 repmiing 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.
I 0. 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 if it 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.
II. 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
effort to recover such costs from all other possible entities. If recovery is made, the
DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
09/06190 STP.FOR 71712006 5
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 ofthe 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 shall
not relieve the REQUESTING PARTY of its ultimate control and shall not be construed as a
warranty of their propriety or that the DEPARTMENT 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 any of their highways 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 goverrunental function, as that term is defined in
MCL 691.1401; MSA 3 .996(1 01 ), 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 any REQUESTING PARTY
highway 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 agrees that the costs repmied 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.
15. 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.
16. 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:
09/06190 STP.FOR 7/7/2006 6
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 either ownership of any portion of the
PROJECT or jurisdiction of any REQUESTING PARTY highway 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 7/7/2006 7
' '.
17. 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
c--·-.
By ·· .••
Title: ,ste
May
By dmA-a
Title: Linda Potter
Acting City Clerk
09106190 STP.FOR 7/7/2006 8
July 7, 2006
EXHIBIT I
CONTROL SECTION STE 61153
JOB NUMBER 83646
PROJECT STP 0661 (017)
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $432,800 $201,000 $633,800
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $432,800 $201,000 $633,800
Less Federal Funds* $311,600 $ -0 - $311,600
BALANCE (REQUESTING PARTY'S SHARE) $121,200 $201,000 $322,200
*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT
COST at a participation ratio equal to 72 percent up to an amount not to exceed $325,460.
NO DEPOSIT
09/06/90 STP.FOR 7/7/2006 9
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 III ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
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 (60 12 .I): 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. FAPG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
c. FAPG (23 CFR 17): Recordkeeping and Retention Requirements for Federai-
Aid Highway Records of State Highway Agencies
d. FAPG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 635B): Force Account Construction
f. FAPG (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 ori Federal-Aid and other
Streets and Highways
1. FAPG (49 CFR I 8.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR I40I): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$I 00,000.00 stipulate the following with respect to their specific jurisdictions:
I. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection 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 I 14 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 in 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-I 5-93 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 DEPARTMENT will 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 afterletting, 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 written 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, OMB
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, at no cost to the PROJECTor 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. of
The REQUESTING PARTY shall be responsible for the payment all 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 339.200 I; 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 v.ith
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 Ill
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
I. 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 D EP AR TMENT 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
reasonably make that documentation available for review by the DEPARTME~T.
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 thirty (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 portion 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 ofl951
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 $300,000 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 (OMB) 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 OMB Circular A-133 audit must be submitted to the address below 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 amount 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 relatiw to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the OMB 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 REQUESTL'lG
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 perfonmed on a force
account basis or by any subcontract with a consulting finm, railway company,
governmental agency or other party, under the tenms 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 not later
than six months after completion 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 FHWA, 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 FHW A, 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. Pmsuant 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 (I 0) 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.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHW A, 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 II
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(l ).
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 IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the 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 ofUniform Traffic control Devices, and will not install, or
permit to be installed, any signs, 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-waymay 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 FHWA, 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
SECTION V
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 FHW A 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 FHW A'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 (I Oth) 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. TI1e
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-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.P.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. ~53, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
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. ~"8, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a 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 hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
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 of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertisingi 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 behalfofthe 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 collective 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, directives, 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, and orders of the Michigan Civil Rigbts Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has 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 of Michigan, which Administrative
Board may order the cancellation 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 of an 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 (I) 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. I 998
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors ln interest
(hereinafter referred to as the ''contractor") agrees as follows:
!. 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
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
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 the 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 of Transportation 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 or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs I 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 subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protectthe 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.
Commission Meeting Date: August 8, 2006
Date: August 2, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing- Request for an Industrial Facilities Exemption
Certificate - ESCO
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, ESCO, has requested the issuance of an
Industrial Facilities Exemption Certificate for the property located at 1221 E. Barney,
Muskegon. The total capital investment is approximately $3,374,253.00 in personal
property and $58,647.00 in real property. This request qualifies ESCO for a term of twelve
(12) years for real property and seven (7) years for personal property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of twelve ( 12) years for real property and seven (7) years for personal property.
COMMITTEE RECOMMENDATION: None
8/212006
Resolution No. 2006-68 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
ESCO
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on October
24, 1995, this Commission by resolution established an Industrial Development District as
requested by ESCO, 1221 E. Barney, Muskegon, Michigan 49441; and
WHEREAS, ESCO has filed an application for the issuance of an Industrial Facilities Tax Exemption Certificate
with respect to a building expansion and new machinery and equipment to be installed within said
Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on march
28, 2006, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant,
the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of ESCO, for the issuance of an Industrial Facilities Tax Exemption Certificate with
respect to the building expansion and installation of new machinery and equipment on the following
described parcel of real property situated within the City of Muskegon to wit:
(See Attachment #1)
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of seven (7) years on personal property and twelve (12) years on real property.
Adopted this 8th Day of August 2006.
Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
Absent: None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on August 8, 2006.
aiiuia t/f;oL
Linda Potter, Acting City Clerk
Attachment A: Property Description
CITY OF MUSKEGON PT OF NW 114 OF SE 114 & PT OF SW 1/4 OF NE 114 SEC 33 T!ON R16W
DESC AS: COM@ S 1/4 COR SAID SEC 33TH N 1D 02M 52S E ALONG N/S 114 LINE 2011.75 FT
TH N 89D 27M 40S EALONG S LINE OF NW 1/4 OF NW 1/4 OF SE 1/4 OF SAID SEC 233.0 FT TH N
1D 02M 52S E PAR WITH N/S 1/4 LINE 33.01 FT TO POB TH CONT N 1D 02M 52S E PAR WITH
N/S 1/4 LINE 637.66 FT TO POINT OF !NT WITH E/W 1/4 LINE TH N 1D OOM 40S E PAR WITH N/S
1/4 LINE 79.74 FTTH S 71D 06M 53S EALONG SLY RT OF WAY LINE CONSUMERS POWER
COMPANY 288.83 FT TH S 1D 02M 52S W PAR WITH N/S 114 LINE 621.31 FT TH S 89D 27M 40S
W 275.00 FT TO POB ALSO COM@ A POINT 33FT N & 508FT E OF SW 1/4 SEC 33 TH N 621.59
FT TO SLY LINE CONSUMERS POWER COMPANY RT OF WAYTH SELY ALONG SAID RT OF
WAY 866.09 FTTH S 458.50 FTTHNWLY 586.01 FTTON LINE BARNEY EXTENDED TH W
252.00 FTTO POB ALSO W 727.74 FT OF S 112 OFNW 1/4 OF SE 1/4 SEC 33 T!ONR16W
INCLUDING VAC E BARNEY AVE BEG 200FT E OF E LN OF ROBERTS ST EXC N 33 FT AND W
33 FT TH'OF FOR STS
Michigan Oepallmen! of Treasury
1012 {Rev_ 4-06)
Application for Industrial Facilities Tax Exemption Certificate
Issued under authority of PA 196 of 1974, as amended. Filing is mandatory,
INSTRUCTIONS: File the original and two copies of this form and the required attachments (three complete sets) with the clerk of the
local government unit. The State Tax Commission (STC) requires two complete sets (one original and one copy). One copy is retained
by the clerk. If you have any questions regarding the completion of this form or would like to request an informational packet, call {517)
373-3272.
APPLICANT INFORMATION
AU boxes must be completed
~:
1a. Company Name (Applicant must be the occupanUoperalor of the fad lily) lb. Standard Industrial Classification (SIC) Code- Sec. 2(10) (Four or Six Digit Code)
ESCO Company Limited Partnership 2865
1c. Address of Facility (real property or personal property loca\icm) 1d. Name of Cily!TownshrpJVillage ---
le. County
(Indicate which) k
8 1221 E. Barney Mu~~~gon, Ml 49444
2. Type of Approval Requested
New (Sec. 2(4))
Speculative Building (Sec. 3(8))
Research and Development (Sec. 2(9))
D T""''" If oopy ooly)
0
Orchard View
Mus egon . -·- __Muskegon
3a. School District where facHrty rs located 3b. School Code
Rehabilitation (Sec. 3(1)) 4. Amount of years requested for exemption (1-12 Years)
Personal 6 years I R_~al 12 years
61-190
5. Thoroughly describe the project for which exemp!ion Is sought Real Property (Type of Improvements to Land. Building, Size of Addition): Personal Properiy (Explain New,
Used, Transferred from Out-of-Slate, etc.) and Proposed Use of Facility. (Please allach additional page{s) if more room is needed).
See attached statement
- - '' .. ~---~~----~--~-·---
8a. Cost of land and building improvements (excluding cost of land) $58,647.00
• Attach list of improvements and associated costs. Real Property Cos!s
• Also a !tach a copy of building penni! If projec! has already begun.
Bb. Cost of machinery, equipment, furniture and fixtures $3,374,253.00
• Attach itemized listing with month, day and year of beginning of installation plus total costs Personal Property Costs
6c. Total Pmject Costs $3,432,900,QQ___
• Round Costs to Nearest Dollar Total of Real & Personal Costs
----·-~, . . . ~~
7_ Indicate the time: schedule for start and finish of construction ami equipment instatlat,on. ProJects must be completed withrn a two year penod of the effective dale of the
Cerirfrcate unless otherwise approved by the STC.
Begin Dale /MID/Yl End Dale {M/0/Y)
Real Property Improvements 2/16/06 6/30/06
---~-~----~----
!X] Owned 0Leased
Personal Property Improvements 1/11/06 2/28/08 [X] Owned [_lleased
-~--
8_ Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (MEDC)? If yes, applicant must attach a signed MEDC Letter of
Commrllmenllo receive this exemption DYes No !X]
9. Number of existing jobs at this facility that v.ilt be retained as a result of this ·p;~];ct_ -1 ,fo __ Number of r:oew jobs at this facility expected to be aeated within two years of
8 proJect comp!elton. O
tf_ Rehabilitation applications only: -COiiiPiete a. b ailifC'OfthiS~s!ii:iion, You must attach the assessor's statement ?~.valuatrorllor the entire plant rehabilitation distili:fi3rid~
obsolescence statement lor property. The SEV data below mus\ be as of Oecember 31 of the year pnor to the rehabilitation.
a. SEV of Real Property (excluding land)
---~---··-·
b. SEVof Personal Property (excluding Inventory)
c. Total SF.V .... .. ... . ..
------~-
12a. Check the typli> of District the facility istocated in·
---~- . ---- --
~ Industrial Development District 0 Plant Rehabilitation District
---- - ~
- - - - - - --
12b. Date district was established by local government unit (contacllocal unit) 12c. Is this application for a speeulalive buihding (Sec. 3(8))?
[]Yes 12<] No
7/28/06
Form 1012, Page 2
APPLICANT CERTIFICATION- complete all boxes,
The undersigned, authorized officer of the company making this application certifies that. to the best of hisfher knowledge, no information contained
herein or in the attachments ltereto is false in any way and that all are truly descriptive of the industrial property lor which this application is being
submitted_
It is further certified that the undersigned is familiar with the provisions of PA 196 of 1974, as amended, being Seclions 207.551 to 207.572, inclusive,
of the Michigan Compiled Laws: and to the best olhisfher knowledge and belief. (s}he has complied or will be able to complywllh all of the
requirements thereof which are prerequisite to the approval of the application by lhe local unil of govarnmenl and Ihe issuance of an Industrial Facililies
Exemption Certificate by the State Tax Commission.
13a_ Preparer Name
--- ----- ------ -----
13b. Phone Number 13c Fax Number 13(!. E-mail Address
Annette Mills
-----
(231) 727-6414 (231) 727-6452 amills~~scocompany.com
14b. Phone Number 14c_ Fax Number 14d_ E-mail Address
Annette Mills (23_1) 727-6414 (231) 727-6452 amills@escocompany.co_~---
15a. Name of Company omcer (No Authorized Agenls)
Bruce Rice
"~;''""""o:n, ~b-W>~
NO RY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MYCOMMISSIONEXPIRES OS - [~~d() /d-.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICT
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment district be created for the following project:
GETTY STREET, KEATING AVE. TO HOVEY AVE.
The specific location of the special assessment district and the prope1ties proposed to be assessed is:
All parcels abutting the east side of Getty St., from Keating Ave. to Hovey Ave.
The City Commission proposes that the City and property owners by means of special assessment will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depa~tment during regular business hours- between 8:00A.M. and 5:00P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON AUGUST 8, 2/JfJ6AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: July 29, 2006 Linda Potter, Acting City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
For
Getty Street, Keating Ave. to Hovey Ave.
The reconstruction of Getty Street between Keating Ave. & Hovey Ave., see attached exhibit for
location, was initiated by both the City of Muskegon and Muskegon HTS due to surface
conditions. this project was approved for over $560,000 in federal and state grants. The existing
pavement has deteriorated to a level where, we believe, a total reconstruction is necessary. The
proposed improvements (reconstruction) consist of following;
1. Complete removal of existing pavement and replace with a new asphalt street section that
would include curb & gutter on both sides and a proposed width (matching existing) of 44'
back to back .
2. New storm sewer where needed.
3. Sanitary sewer repairs by Muskegon HTS.
4. Minor water works
A memo from the Assessor's office, which addresses the appraisal and benefit infonnation, is
attached.
The preliminary cost estimate for the work associated with paving is $650,000 with the length of
the project being approximately 2700 lineal feet (project length) or 2258.94'of assessable
footage. This translates into an estimated improvement cost of $33 per assessable foot. The
assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the
2006 Special Assessment Rates for this type of improvement
I
I
I
I
I
July 25, 2006
I Mohammed AI-Shatel, City Engineer
City of Muskegon
I 933 Terrace Street
Muskegon, MI 49443
I Mr. AI-Shatel:
In accordance with your request, I have examined the proposed special assessment
I district entailing the reconstruction of Getty Street between Keating Avenue and
Hovey Avenue. The purpose of this analysis is to document the reasonableness of this
special assessment district by identifYing and quantifYing any accrued benefits. It is
I subject to the normal governmental restrictions of escheat, taxation, police power and
eminent domain. The effective date is July 25, 2006.
In conclusion, it is my opinion that the special assessment amounts justly and
I reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in property values due
to an improved quality of life created by the proposed project. As previously
presented, the proposed special assessment district encompasses primarily commercial
properties. The front foot rate of$32.00 for the reconstruction of the above
mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$33.00. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
H~r ~leton,
Senior Appraiser
CMAE 3
July 28, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 21
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on AUGUST 8, 2006. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
July 28, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITYLAKE, OWNERS STATE OWNERS ZIPCODE 21
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS AND STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
GETTY STREET, KEATING AVE. TO HOVEY AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Getty Street on the east side, Keating Ave. to Hovey Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on AUGUST 8, 2006 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $650,000.00 of which
approximately 11.12% ($72,286.08) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (1 0) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
L Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 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
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total 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 assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property 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 the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
fV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
GETTY STREET, KEATING AVE. TO HOVEY AVE. H 1620
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
·. .· .
. .·. ··HOUSEHOLD 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 infom1ation)
Number Living in Household: List infmmation for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# - -
··. .... ... . ·.· ...
·.· .. ·· ......... .......
..
. . .· .
1 . . •. • • ·
.. .
.·
• INCOMEINFORMATION .•. \•·.·
·
·. .· ·.·
. c_:_
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
'\\'age earner:
Wage earner:
Total: $
... .
.·
..
.
. . .
.·. PROPERTY INFORMATION •...· ·...· . . . .•
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
l'mperty 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 fumished in support of this application, is true and complete to the
best ofthe Applicant/Owner's knowledge and belief. The propet1y 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. H 1620
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 your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difticulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street
assessment for you to the extent that funds are available.
Application Requirements:
._/ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
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, m01igage, 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 8:30a.m. and 5:00p.m.
The City resen'es the right to verijj1 all application information. If current owner sells the home prior to the ~pedal assessment cm?firmation,
the application is no longer l'a/id. The City also reserves the right to reject any applications that containsfals{{ied information or insuj]icient
documenlation. The City must complete the sidewalks. Costs incurred from repairs done by you or a pril 1ate contractor will !Jlll be reimbursed.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS AND STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 159.69 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $5,110.08
Property Description
CITY OF MUSKEGON PART OF NW 1/4 OF SW 1/4 SEC 33 T10N R16W OESC AS BEG@ POINT DISTANTS 01D 12M ODS W 1182.66
FT ALG W LN SEC 33 & S 880 36M DOSE 33FT FROM W 1/4 COR SEC 33 & PROCEEDING TH N 010 12M ODS E 159.69 FT TH S 890
15M ODS E 180FT TH ALGA CU
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED D
Owner CoOwner/Spouse
Signature
------------------- Signature
----------------------
Address Address
Thank you for taking the time to vote on this important issue. 21
SPECIAL ASSESSMENT H 1620
RECONSTRUCTION HEARING DATE AUGUST 8, 2006
GETTY STREET, KEATING AVE. TO HOVEY AVE.
1 BABBITT SEAN ASSESSABLE FEET: 12.24
24-133-100-0011-00 7282 LEONARD ST NE COST PER FOOT: $32.00
@ 2010 S GETTY ST ADA Ml 49301 ESTIMATED P.O. COST: I'----_$:...:.3_:_91:...:..6:...:.8_JI
2 BABBITT SEAN ASSESSABLE FEET: 69.2
24-133-100-0028-00 7282 LEONARD ST NE COST PER FOOT: $32.00
@ 2020 S GETTY ST ADA Ml 49301 ES11MATED P.O. COST: I $2,214.40 1
3 MIDWEST MACHINE TECH NOLO ASSESSABLE FEET: 492.55
24-133-100-0015-00 PO BOX 629 COST PER FOOT: $32.00
@ 2040 S GETTY ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $15,761.60 1
4 HARVEY HAROLD E ASSESSABLE FEET: 40
24-860-000-0001-00 2956 DEBAKER RD COST PER FOOT: $32.00
@ 2106 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1 ,28o.oo 1
5 HARVEY HAROLD E ASSESSABLE FEET: 80
24-860-000-0002-00 2956 DEBAKER RD COST PER FOOT: $32.00
@ 2112 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,56o.oo 1
6 LISINSKI DEBRA L ASSESSABLE FEET: 192
24-860-000-0007-00 1980 MICHILLINDA RD COST PER FOOT: $32.00
@ 2152 S GETTY ST TWIN LAKE Ml 49457 ESTIMATED P.O. COST: I $6, 144.oo 1
7 LOERA VALENTINO ASSESSABLE FEET: 48
24-860-000-0012-00 2174 S GETTY ST COST PER FOOT: $32.00
@ 2174 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1 ,536.oo 1
8/2/2006 Page 1 of 4
RECONSTRUCTION HEARING DATE AUGUST 8, 2006
GETTY STREET, KEATING AVE. TO HOVEY AVE.
8 J F B USED CARS ASSESSABLE FEET: 80
24-860-000-0013-00 2184 S GETTY ST COST PER FOOT: $32.00
@ 2184 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,56o.oo 1
9 BIKSACKY JOSEPH F ASSESSABLE FEET: 42.2
24-860-000-0015-00 5671 GRANDEL COST PER FOOT: $32.00
@ 814 E HACKLEY AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,35o.4o 1
10 MURAT CARL ASSESSABLE FEET: 80
24-860-000-0016-00 2214 S GETTY ST COST PER FOOT: $32.00
@ 2214 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,56o.oo 1
11 MURAT CARL ASSESSABLE FEET: 40
24-860-000-0018-00 2214 S GI;:TTY ST COST PER FOOT: $32.00
@ 2222 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1 ,28o.oo 1
12 JBS SHEET METAL INC ASSESSABLE FEET: 120
24-860-000-0019-00 2226 S GETTY ST COST PER FOOT: $32.00
@ 2226 S GETTY ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,84o.oo 1
13 WRIGHT GERALD K ASSESSABLE FEET: 120
24-860-000-0022-00 2081 E VIRGINIA DR COST PER FOOT: $32.00
@ 2244 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $3,84o.oo 1
14 GOMEZ ANTHONY S ASSESSABLE FEET: 80
24-860-000-0025-00 16500 HICKORY ST COST PER FOOT: $32.00
@ 2270 S GETTY ST SPRING LAKE Ml 49456-101 ESTIMATED P.O. COST: I $2,56o.oo 1
8/2/2006 Page 2 of 4
RECONSTRUCTION HEARING DATE AUGUST 8, 2006
GETTY STREET, KEATING AVE. TO HOVEY AVE.
15 KITTEL ROY ASSESSABLE FEET: 80
24-860-000-0027-00 2280 S GETTY ST COST PER FOOT: $32.00
@ 2280 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,56o.oo 1
16 STONE JULIE L ASSESSABLE FEET: 83.4
24-860-000-0029-00 3755 HENRY ST APT 106 COST PER FOOT: $32.00
@ 2294 S GETTY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,668.80 1
17 PAWN IT ALL LLC ASSESSABLE FEET: 120.5
24-133-300-0006-00 5845 MAPLE ISLAND RD COST PER FOOT: $32.00
@ 2306 S GETTY ST NUNICA Ml 49448 ESTIMATED P.O. COST: I $3,856.oo 1
18 AT & E LLC ASSESSABLE FEET: 125
24-133-300-0010-00 2350 S GETTY ST COST PER FOOT: $32.00
@ 2350 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $4,ooo.oo 1
19 TILFORD LARRY J/ONEIL JENNI ASSESSABLE FEET: 74.16
24-133-300-0013-10 3889 EASTBROOK DR COST PER FOOT: $32.00
@ 2386 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,373.12 1
20 HARVEY HAROLD E/HARVEY JE ASSESSABLE FEET: 120
24-860-000-0004-00 2956 DEBAKER RD COST PER FOOT: $32.00
@ 2124 S GETTY ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $3,84o.oo 1
21 PK EMERALD LLC ASSESSABLE FEET: 159.69
24-133-300-0013-00 PO BOX 391 COST PER FOOT: $32.00
@ 2370 S GETTY ST SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $5, 11o.o8 1
8/2/2006 Page 3 of 4
RECONSTRUCTION HEARING DATE AUGUST 8, 2006
GETTY STREET, KEATING AVE. TO HOVEY AVE.
SUM OF ASSESSABLE FOOTAGE: 2258.94 SUM OF ESTIMATED P.O. COST: $72,286.08 I
TOTAL NUMBER OF ASSESSABLE PARCELS 21.00
8/2/2006 Page 4 of 4
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seai H1e form with a small piece of iape or staple prio1· to mailing. ii=
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2010 S GETTY ST
Parcel Number 24-133-100-0011-00
Assessable Frontage: 12.24 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $391.68
Property Description
CITY OF MUSKEGON SEC 33 T10N R16W PRT OF SW 1/4 OF NW 1/4 SD SEC COM@ PT ONE SD OF GETTY AVE 60FT S OF SW
COR BLK 7 OF CONTINENTAL ADD TH E PAR WITH CENTRAL AVE OF SO ADD 272FT TOW LN OF CONTINENTAL AVE IF EXTND S
TH S TO CONSUMERS POWER CO ROW TH NW
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED lZf
Owner CoOwner/Spouse ,. "
~jS'·tt·"-. ~'L' ·' I
-,--=y{hli1T
..---- • -1 "'· .-"' -
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure lo seai ihe hn11 wiih a smaii piece ofiape or staple prior to niailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2020 S GETTY ST
ht_:C:II\· ... :) I
Parcel Number 24-133-100-0028-00
Assessable Frontage: 69.2 Feet Ci!v Clerk:;
·------ ... -- ___.!
i
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,214.40
Property Description
CITY OF MUSKEGON SEC 33 T10N R16W ALL THAT PART OF FOL DESC PARCEL OF LAND WHICH LIES WLY OF W ROW LN
CONTINENTAL ST AS EXTND S TO NLY RR R!W LN OF CONRAIL CORP A STRIP OF LAND 4 RDS IN WIDTH LOC IN NW 1/4 OF SO
SEC & LYING NL Y OF AND ADJ TO RR RIW OF CON
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED j6l
Owner s~~.VI )'':?M.,-1./ CoOwner/Spouse Kc/5~t'.---z:::;tktt·
Signature . Signature c:j::J./J )7-r. · /
Address -~ "'
k?ru-2 L-tLft2.:;_~---<'-
· jr:tf./vc-
,/ Address ? ,/e-7p
'T'Jt>• ut:vr?'ld
/ r- "'"'~
' /cC·evc
k-hl -/'i:>M
Thank you for taking the time to vote on this important issue.' ·
/ide: 1 .1/iJ . t75'a'/' 2
Rue; cy~·.... ,st·~~~ 1 ~~· C.OHnc i ~'ifV,3!Lt; .C~t;l~~Or'1 En; i neer- 2317276904
~»
,,........ ......... -
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE: COUNTS AS 'IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KeATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCIIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. louse this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and retum it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or stapla prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS 'IN FAVOR" OF
PROJECT.
Assessment lnfru!!)atlon
Property Address: 2040 S GEITY ST
Parcel Number 24-133-100·0015-00
CITYRECEIVED
Assessable Frontage: 492.55 Feet OF MUSKeGON
Estimated Front Foot Cost: $32.00 per Fool AUG 04 20061
ESTIMATED TOTAL COST $15,761.60 ENGINEERING DEPARTM!Ni
Property Description
CITY OP MUSKEGON PART OF SEC 33 T10N R16W BEG ON W LN OF SW 1/4 OF W'/114 Tt< $ 7104M E 735,8 F'rTH S 10 12M W
25G.S FT TH N 890 50M W 69&.74 FTTH N 1D E dlr.!.SS FT TO BEG EXW JJ FT FORST
Your vote COUNTS!
Please vote either In favor or opposed to the Special Assessment Street Paving Project
I AM IN FAVOR D I AM OPPOSED .0
Owner ?e721? [, dfbs:T[e-coowner/Spouse - - - - - - - - - - -
Signatur? ~ ? :£'?- • ,\.~ Signature
Address J.DLfO S·G£1-J'"( ?lr· Address
Thank you for taking the time to vote on this important issue. 3
Vf1 vst:e~ r:uu1 1'-{ / 'f9'/'!f .
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure tO seai the form wiih a smaii piece of mpe or stapie prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2106 S GETTY ST
Parcel Number 24-860-000-0001-00
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,280.00
Property Description
CITY OF MUSKEGON WELWORTH LOT 1
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED [2$]
Owner CoOwner/Spouse
Signature
~~~~~~~~~--
Signature
---------------------
Address Address
4
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to sea: the torm with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2112 S GETTY ST
Parcel Number 24-860-000-0002-00
Assessable Frontage: 80 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,560.00
Property Description
CITY OF MUSKEGON WELWORTH LOTS 2 & 3
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED ~
Owner oOwner/Spouse
Signature
----------------------
5
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the rorm with a small p1ece oi tape or staple pnor to mailing. iF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2184 S GETTY ST
Parcel Number 24-860-000-0013-00
Assessable Frontage: 80 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,560.00
Property Description
CITY OF MUSKEGON WELWORTH LOTS 13 & 14
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
AMOPPOSEO~
Signature
Address
8
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 814 E HACKLEY AVE
~~~;
• f! . • ·.-- ,,·";· -·--/
Parcel Number 24-860-000-0015-00
ClcchcJu~ccc J
Assessable Frontage: 42.2 Feet
Estimated Front Foot Cost: $32.00 per Foot City
ESTIMATED TOTAL COST $1,350.40
Property Description
CITY OF MUSKEGON WELWORTH LOT 15
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Pav·n
I AM IN FAVOR D I AM OPPOSED~-...l
CoOwner/Spouse
\--~~+-~~~-~~ ----------------------
Signature
Address
this important issue. 9
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2244 S GETTY ST
Parcel Number 24-860-000-0022-00
Assessable Frontage: 120 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $3,840.00
Property Description
CITY OF MUSKEGON WELWORTH LOTS 22-23 & 24
RECEIVED
City Clerks Office
Your vote COUNTS!
Pleew mte eOhec lo f"oc oc oppO'ed to the S~eclel AMee•meot Stceel Pei>~---
--
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED lStJ
Owner -TrJ ?e 5'fd1- -e._ CoOwner/Spouse
Signature ~ :Z::. :::J41l1Z Signature
---------------------
Address ~f 5'r6--d!!j Address
Thank you for taking the time to vote on this important issue. 16
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: . GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2306 S GETTY ST
Parcel Number 24-133-300-0006-00
Assessable Frontage: 120.5 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $3,856.00
Property Description
CITY OF MUSKEGON SEC 33 T10N R16W S 195.5 FT OF N 228.5 FT OF E 200FT OF W 233FT OF S 112 OF NW 114 OF SW 114
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [2]
Owner M.LLVJ!A-\ (LLC, CoOwner/Spouse (\l\ACI~Qo \ '_Ft__:7 ~·
Signature Signature y.....__........_............,......_Q....:.,_-.:...;;)..:...f~-"""~;.;-P...,c:_.·"'".""'-J..
Address Address po, JOo< !a.?1
. . ..
Thank you for tak1ng the t1me to vote on th1s 1mportant rssue.
. f\J· U-f\1 CA
•·" ·•· ·· I
(YIT17L/ Cjlf 1.1~
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. iF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2386 S GETTY ST
Parcel Number 24-133-300-0013-10
Assessable Frontage: 74.16 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,373.12
Property Description
CITY OF MUSKEGON PART OF NW 114 OF SW 114 SEC 33 T10N R16W DESC AS BEG@ POINT DISTANTS 010 12M OOS W 1182.66
FT ALONG W LINE SEC 33 & S 880 36M OOS E 33.00 FT FROM W 114 COR SEC 33 & PROCEEDING TH S 880 36M OOS E 139.00 FT
TH S 010 12M OOS W 146.73 TH N
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED ~
Owner
ta~ CoOwoec/Spo"'e .
Signature _ '---- _ Signature
Address L3'i?:S'7 ~T8.2uj::'_. {)/2._ Address ·' <3 8E'!l £fiS!/Ot0..'0K _
f'Jl U.5i<-f:60fJ,M/ L/1'-t<./Lf /J/US:jL·85DN fV]I
Thank you for taking the time to vote on this important issue.
SPECIAL .l\SSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seai the form with a smaii piece of tape or stapie prior to mailing. iF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2124 S GETTY ST
Parcel Number 24-860-000-0004-00
Assessable Frontage: 120 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $3,840.00
Property Description
CITY OF MUSKEGON WELWORTH LOTS 4, 5 & 6
Your vote COUNTS!
' CoOwner/Spouse
Signature
----------------------
20
0810812006 15:30 FAX 616 847 9014 Lakeshore Realty & Mgt. liJOOl
Ru; oe 06 03:01p Ci~~ Of Hu~k•go~ E~cineer 2317Z76904 p.S
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETIY STREET, KEATING AVE. TO HOVEY AVE.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please Indicate whether you Oppose or Favor
this special assessment project. sign the form and return It to the City Clerk's Office. To
retum this card by mail, simply fold on the dotted lines so the address on the reverse side Is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2370 S GETTY ST
Parcel Number 24-133-300-0013-00
Assessable Frontage: 159.69 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $5,110.08
Property pescription
CITY OF MUSKEGON PART OF NW 114 OF SW 114 SEC 33 T10N R1GW OIOSC AS 8EG@ POINT OISTANT S 010 12M 00S W
1 1¥~.111> f'r N..G W LN SEC 33 S S 800 36M OOS 6 33FT FROM W 114 COR S£C :13 & PROCEEDING TH N 010 12M OOS E 159.SD FT
TH S 890 15M OOS ~ 180FT TH ALGA CU
Your vote COUNTS!
Owner
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR
Qv_
D
'G"'e~UA'i \....\...(.., CoOwner/Spouse
I AM OPPOSEO K
Signatu~:;;Lh~ cw::.r~, Signature - - - - - - - - - - - - -
Address 2o, & 39! f 1 ; 4 Lzk/111.}: Address
Thank you for taking the ti!e to vo't(f:',~is important issue. '""'"""'·'""" 21
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By AUGUST 8, 2006
Project Title: GETTY STREET, KEATING AVE. TO HOVEY A
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a smaii piece of tape or stapie prior to mailing. iF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2350 S GETTY ST
Parcel Number 24-133-300-0010-00
Assessable Frontage: 125 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $4,000.00
Property Description
CITY OF MUSKEGON PART OF SW 1/4 SEC 33 T10N R16W COM 33FT E AMO 228.5 FT S OF NW COR S 1/2 OF NW 1/4 OF SW 1/4
TH S 890 15M E 200FT TH S 10 12M W 105FT TH SWLY ON A CURVE WITH 20FT RADIUS 31.6 FT TH N 890 15M W 180FT TH N 11
12M E 125FT POB EXC COM
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
Owner ,~~~"""-*-:.P.=->-=- CoOwner/Spouse ~ .® 'JA,.\!JJ, QQR
Signature Signature f,o..J I l) ruc:-C
Address Address
18
H-1620 S. GETTY ST., KEATING AVE. TO HOVEY AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS- 21
FOR OPPOSE
LETTER# ST# STNAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2258.94 ••• 9 814 E. HACKLEY 24-860-000-0015-00 42.20
I &'i f.'f'(
FRONT FEET OPPOSED ~
66:1'S"/o 7 s. 2.1 at0 1*
2*
2010
2020
S.GETTY
S. GETTY
24-133-100-0011-00
24-133-1 00-0028-00
12.24
69.20
3 2040 S.GETTY 24-133-100-0015-00 492.55
RESPONDING FRONT FEET IN FAVOR 0.00 0.00% 4 2106 S.GETTY 24-860-000-0001-00 40.00
5 2112 S. GETTY 24-860-000-0002-00 80.00
NOT RESPONDING- FRONT FEET IN FAVOR 765.00 33.87% 20 2124 S.GETTY 24-860-000-0004-00 120.00
8 2184 S . GETTY 24-860-000-0013-00 80.00
TOTAL FRONT FEET IN FAVOR 765.00 33.87% 13 2244 S.GETTY 24-860-000-0022-00 120.00
16* 2294 S.GETTY 24-860-000-0029-00 83.40
17 2306 S . GETTY 24-133-300-0006-00 120.50
21 2370 S.GETTY 24-133-300-0013-00 159.69
19 2386 S.GETTY 24-133-300-0013-10 74.16
A lady claiming to be an attorney for these properties with a "NO" vote without any paper document confirming representation (footage has not been added to tally above)
2152 S. GETTY 192
~ ~
2214S GETTY 80
-
g1.o~
2222S GETTY 40
TOTAL 312 '-'\
TOTALS 0.00 1493.94
*OWNERS REPORTING THAT NO LETTER WAS SENT
TABULATED AS OF: 05 :20PM 8/8/2006 5:20 PM Tabulation of the hearing responses for Getty St.
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: August 8, 2006
RE: Public Hearing
Spreading of the Special Assessment Roll
Cherry St., Wilcox Ave. to Thompson Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Cherry St. from Wilcox
Ave. to Thompson Ave., and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMP ACT:
A total of $23,808.00 would be spread against the thirteen- (13) 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. 2006-68 (c)
Resolution Confirming Special Assessment Roll
For Cherry St. from Wilcox Ave. to Thompson 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 February 14, 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 (1 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 Cherry St., Wilcox Ave. to Thompson 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: Davis, Gawron, Shepherd, Spa taro, Warmington,
Wierenga, . and Carter
Nays: None
City of Muskegon
By ~~
Linda Potter, Acting City Clerk
CERTIFICATE
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confinned on this date, being August 8, 2006.
City of Muskegon
Linda Potter, Acting City Clerk
EXHIBIT A
Cherry St. from Wilcox Ave. to Thompson Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Cherry St. from Wilcox Ave. to Thompson Ave.
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CHERRY ST., WILCOX AVE. TO THOMPSON 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-1605 ,Cherry St., Wilcox Ave. to Thompson Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESS ED 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 SHO\VN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 28th DAY OF J ULY 2006
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
' 'f> DAY OF OAA_'t.~ 2006. ,
~ o,...__ "m. ~?fWd(~.
NOT RY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES OS .. 12>- ~ D} a
July 28, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 11
Property Parcel Number: 24-XXX-XXX-XXXX-XX at CHERRY ST
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:
CHERRY ST.,WILCOX AVE. TO THOMPSON AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
AUGUST 8, 2006 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 8, 2006 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 $74,500.00 of which
$18,620.52 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1431.95 based on 65 feet assessable front footage at $22.03 per assessable foot for the
street improvements. In addition, you will be assessed $1312.36 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2744.31 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $274.43 PER YEAR
Due Date: September 261", 2006
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,
/I / ·'' ·'' 1
r?J:~Ifr~)//;dtl~ /;jL~,(
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) 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 (1 O) 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
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total 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 assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property 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 the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
CHERRY ST., WILCOX AVE. TO THOMPSON AVE. H 1605
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $. _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
Proof Of Ownership: ( ) Deed ) Mortgage ( ) Land Contract
Homeowner's Insurance C o : - - - - - - - - - - - - - Expiration Date: _ _ __
Property Taxes: ( ) CmTent ( ) Delinquent Year(s) D u e - - - - - - - - - - - - - - -
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: Date:_,.-,.,.---:=--
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to
the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
OFFICE USE ONLY ..
APPROVED ( DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
CHERRY ST., WILCOX AVE. TO THOMPSON AVE. H 1605
CDBG APPLICATION 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 your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment
for you to the extent that funds are available.
Application Requirements:
v' 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
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
1165% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
1 $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
v' 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.
v' Applicants must submit proof of current property insurance.
Please complete the first four (4) sections ofthe 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 8:30a.m. and 5:00p.m.
The City reserves the right to verifY all application information. If current owner sells the home prior to the special assessment confirmation,
the application is 110 longer valid. The City also reserves the right to reject any applications that contains falsified information or i11sujficient
documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CHERRY ST., WILCOX AVE. TO THOMPSON AVE.
FOREST AVE., RUDDIMAN ST. TO DAVIS ST.
SIXTH ST., HOUSTON AVE. TO MUSKEGON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Cherry St. from Wilcox Ave. to Thompson Ave.
All parcels abutting Forest Ave., from Rnddiman St. to Davis St.
All parcels abutting Sixth St., from Houston Ave, to Muskegon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on August 8, 2006 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Linda Potter, Acting City Clerk
Publish: JULY 29, 2006
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, sigoers 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:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 1) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
RECEIVED
CITY OF MUSKEGON CITY OF MUSKEGON
Resolution No. 2006-13 (a) FEB 2 3 2006
ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Cherry St. from Wilcox Ave. to Thompson Ave.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 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 February 14,2006, there were 7. 53 %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
Commissioners Davis and Wierenga
and the City Assessor who arc 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 no more than 25% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confinnation of the special assessment roll.
This resolution adopted.
Ayes Wierenga, Carter, Davis, Gawron, Spataro, and
Warmington
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 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
EXHIBIT A
Cherry St. from Wilcox Ave. to Thompson Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Cherry St. from Wilcox Ave. to Thompson Ave.
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H 1605 HEARING DATE AUGUST 8, 2006
CHERRY ST.,WILCOX AVE. TO THOMPSON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-728-0001-0 1817.0 CHERRY ST UGANSKIMARNA 1817 CHERRY ST MUSKEGON Ml 49441 $1,101.50 $0.00 $1,101.50
24-205-728-0002-0 1823.0 CHERRY ST MCCARTNEY DAVID J 1823 CHERRY ST MUSKEGON Ml 49441 $1,035.41 $0.00 $1,035.41
24-205-728-0003-0 1831.0 CHERRY ST KOLBERG KIRK H/LAU 3414 WHISKEY HOLL MUSKEGON Ml 49441 $1,167.59 $0.00 $1,167.59
24-205-728-0004-0 1839.0 CHERRY ST DUFF MICHAEL M 1839 CHERRY ST MUSKEGON Ml 49441 $1,101.50 $0.00 $1,101.50
24-205-728-0005-0 1849.0 CHERRY ST MRJ CORPORATION P 0 BOX503 MUSKEGON Ml 49441 $1,101.50 $0.00 $1,101.50
24-205-728-0006-0 1853.0 CHERRY ST PAGE JOHN F/JAMIE 1853 CHERRY ST MUSKEGON Ml 49441 $1,101.50 $0.00 $1,101.50
24-205-728-0007-0 1859.0 CHERRY ST VANLENTE JOSEPH P/ 1911 N WEBER RD MUSKEGON Ml 49445-8 $1,101.50 $0.00 $1,101.50
24-205-728-0008-0 1867.0 CHERRY ST DEVRIES KENNETH/C 1867 CHERRY ST MUSKEGON Ml 49441 $1 '123.53 $0.00 $1,123.53
24-205-725-0014-0 1820.0 CHERRY ST DOMBRAUSKY NATALI 1820 CHERRY ST MUSKEGON Ml 49441 $2,203.00 $0.00 $2,203.00
24-205-725-0013-0 1832.0 CHERRY ST AHLREN HENRIKICHA 1832 CHERRY ST MUSKEGON Ml 49441 $1,101.50 $0.00 $1,101.50
24-205-725-0012-0 1840.0 CHERRY ST EDLUND DELBERT V 1840 CHERRY ST MUSKEGON Ml 49441 $1,431.95 1,312.36 $2,744.31
24-205-725-0011-0 1854.0 CHERRY ST WALLIS THOMAS 1854 CHERRY ST MUSKEGON Ml 49441 $1,586.16 $917.84 $2,504.00
24-205-725-0010-0 3256.0 THOMPSON A REICHERT BARBARA 3256 THOMPSON AVE MUSKEGON Ml 49441 $1,233.68 $0.00 $1,233.68
8/9/2006
Page 1 of 2
H 1605 HEARING DATE AUGUST 8, 2006
CHERRY ST.,WILCOX AVE. TO THOMPSON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $16,390.32 $2,230.20 $18,620.52
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
~UNTYEQUALI§d~6
~ ~ 1/ J~~ J~~
CITY COMMISSIONER
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SUE WIERENGO CITY COMMISSIONER DATE
8/9/2006
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: August 8, 2006
RE: Public Hearing
Spreading of the Special Assessment Roll
Forest Ave., Davis St. to Ruddiman St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Forest Ave. from Davis
St. to Ruddiman St., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$9,488.00 would be spread against the five- (5) 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. 2006-68 (d)
Resolution Confirming Special Assessment Roll
For Forest Ave. from Davis St. to Ruddiman 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 forth in Exhibit A attached to this resolution on January 24, 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 detem1ines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any 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 Forest Ave., Davis St. to Ruddiman 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: Gawron, Shepherd, Spa taro, Warrni ngton, Wi erengo,
Carter, and Davis
Nays: None
City of Muskegon
By ~ ~
Linda Potter, Acting City Clerk
CERTIFICATE
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 ofthe 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 8, 2006.
City of Muskegon
By ~
Linda Potter, Acting City Clerk
EXHIBIT A
Forest Ave., Davis to Ruddiman
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Forest Ave. between Davis & Ruddiman
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FOREST AVE., DAVIS ST. TO RUDDIMAN 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.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1616 Forest Ave., Ruddiman St. to Davis 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 28th DAY OF JULY 2006
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
l~ DAYOF Q.u.~ ,2006.
NOTAR
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UBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMM ISSION EXPIRES 0~ · I ':3 ,JOt~
July 28, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE! OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at DAVIS ST
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:
FOREST AVE.,RUDDIMAN ST. TO DAVIS ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
AUGUST 8, 2006 at 5:30P.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 8, 2006 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: IA~IRIB@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 $54,007.00 of which
$11,702.84 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2112 based on 66 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $990.64 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3102.64 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $310.26 PER YEAR
Due Date: September 26 1h, 2006
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,
1 ? '! .., ?
/))lc/;f;,:i//j({.t;(/[ OAcc-(,j_
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) 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
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total 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 assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property 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 the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
FOREST AVE., RUDDJMAN ST. TO DAVIS ST. H 1616
CDBG APPLICATION FOR WAIVER OF SfECIAL ASSESSMENT
HOUSEHOLD. 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 infom1ation)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Narne Birthdate Social Security # _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
Name Birth date 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
(Propc1ty taxes must be current to qualify and will be veiificd 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 infonnation fumished in support ofthis 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
FOREST AVE., RUDDIMAN ST. TO DAVIS ST. H 1616
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[Note: You may receive this application several times- If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their prope1iies. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street
assessment for you to the extent that funds an available.
Application Requirements:
v 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
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
1 $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
v Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder p1ior 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.
v Applicants must submit pt·oof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,Ml49440
For fm·ther information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resen,es the right to veri})' all application i1?f'ormation. If current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also resen'es the right to reject any applications that contains falsified information or insufficient
documentation. The CiZl' must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CHERRY ST., WILCOX AVE. TO THOMPSON AVE.
FOREST AVE., RUDDIMAN ST. TO DAVIS ST.
SIXTH ST., HOUSTON AVE. TO MUSKEGON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Cherry St. from Wilcox Ave .. to Thompson Ave ..
All parcels abutting Forest Ave., from Ruddiman St. to Davis St.
All parcels abutting Sixth St., from Houston Ave. to Muskegon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on August 8, 2006 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 rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Linda Potter, Acting City Clerk
Publish: JULY 29, 2006
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:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-60447-5267
' cfl!Jf~~~~~GoN \
I FEB 0 1 2006
ENGINEERING DEPARTMEN
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CITY OF MUSKEGON
Resolution No. 2006-09(a)
Resolution At First Hearing Creating Special Assessment District
For Forest Ave., Davis to Ruddiman
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 24, 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 January 24,2006, there were 17.67% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each prope1iy proposed to be assessed in the district
after the improvements have been made. The City Commission detennines that the
assessments of costs of the City project will enhance the value of the prope1iies to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Davis and _ _,_,_
W""'"ie~r""'e"'-'n"-.:g"-"o"-------
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 15.81% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission ofthe special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Wierenga, Carter, Davis , Gawron, Shepherd, and
Spataro
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 24, 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.
Gail A. Kundinger, Clerk
EXHIBIT A
Forest Ave., Davis to Ruddiman
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Forest Ave. between Davis & Ruddiman
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SPECIAL ASSESSMENT H 1616
NEW CONSTRUCTION HEARING DATE AUGUST 8, 2006
FOREST AVE.,RUDDIMAN ST. TO DAVIS ST.
1 HOZER JAMES S ASSESSABLE FEET: 66
24-205-494-0004-00 1240 W FOREST AVE COST PER FOOT: $32.00
@ 1240 W FOREST AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
2 KANTOLA KEVIN ASSESSABLE FEET: 66
24-205-494-0001-00 1611 DAVIS ST COST PER FOOT: $32.00
@ 1611 DAVIS ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2, 112.oo 1
5 MAGNUGON EUGENE/MARIL Y ASSESSABLE FEET: 33.5
24-205-500-0006-10 1634 RUDDIMAN ST COST PER FOOT: $32.00
@ 1634 RUDDIMAN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,o12.oo 1
6 SCHUMANN ELMER F TRUST ASSESSABLE FEET: 65
24-205-500-0006-00 1233 W FOREST AVE COST PER FOOT: $32.00
@ 1233 W FOREST AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,o8o.oo 1
7 VALADEZ ROSIO YNERONICA A ASSESSABLE FEET: 66
24-205-500-0005-00 1631 DAVIS ST COST PER FOOT: $32.00
@ 1631 DAVIS ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
SUM OF ASSESSABLE FOOTAGE: 296.50 SUM OF ESTIMATED P.O. COST: $9,488.oo I
TOTAL NUMBER OF ASSESSABLE PARCELS 5.00
7/28/2006 Page 1 of 1
H 1616 HEARING DATE AUGUST 8, 2006
FOREST AVE.,RUDDIMAN ST. TO DAVIS ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-20 5-494-0004-0 1240.0 FOREST AVE HOZER JAMES S 1240 W FOREST AVE MUSKEGON Ml 49441 $2,112.00 $0 .00 $2,112.00
24-205-494-0001-0 1611 .0 DAVIS ST KANTOLA KEVIN 1611 DAVIS ST MUSKEGON Ml 49441 $2,112.00 $990.64 $3,102.64
2 4-20 5-500-000 6-1 1634.0 RUDDIMAN ST MAGNUGON EUGENE/ 1634 RUDDIMAN ST MUSKEGON Ml 49441 $1 ,072.00 $716.52 $1,788.52
24-205-500-0006-0 1233.0 FOREST AVE SCHUMANN ELMER F 1233 W FOREST AVE MUSKEGON Ml 49441 $2,080.00 $0.00 $2,080.00
2 4-20 5-500-000 5-0 1631.0 DAVIS ST VALADEZ ROSIO YNE 1631 DAVIS ST MUSKEGON Ml 49441 $2,112.00 $507.68 $2,619.68
TOTALS -- ·-·- - -- ... --- -- ----- - - -- -------· ------------- ----- --- -- - $9,488.00 $2,214.84 $11.702.84
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
IRECTOR,COUNTY EQUALIZA~~6
-~~ cx__W (I A-d )- ~ k,
CITY COMMISSIONER DATE
S'VLCL 0l~\~ ~/15"/~t;
sG§' ~IERENGO '-CiTY COMMISSIONER DATE
8/9/2006
Page 1 of 1
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: August 8, 2006
RE: Public Hearing
Spreading of the Special Assessment Roll
Sixth St., Houston Ave. to Muskegon Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Sixth St. from Houston
Ave. to Muskegon Ave., and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMPACT:
A total of$9,968.00 would be spread against the six- (6) 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. 2006-68 (e)
Resolution Confirming Special Assessment Roll
For Sixth St. from Houston Ave. to Muskegon 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 January 24,2006, 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 Sixth St., Houston Ave. to Muskegon Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his watTant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter ,
Davis, and Gawron
Nays: None
City of Muskegon
Linda Potter, Acting City Clerk
CERTIFICATE
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being August 8, 2006.
City of Muskegon
Linda Potter, Acting City Clerk
EXHIBIT A
Sixth Street from Houston to Muskegon
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Sixth Street from Houston to Muskegon
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SIXTH ST., HOUSTON AVE. TO MUSKEGON 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.
CITY OF MUSKEGON
BY~====~~~~~~~-----
STEPHEN J. WARMINGTON
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1528 Sixth St., Houston Ave. to Muskegon 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 FIR ST 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 28th DAY OF JULY 2006
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
l'E DAYOF Cl..u.~ ,2006.
~ ~ hJ . r!r~s)~
NOT Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISS ION EXPIRES OS .. J ~~J.QJ~
July 28, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at W MUSKEGON AVE
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:
SIXTH ST., MUSKEGON AVE. TO HOUSTON AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
AUGUST 8, 2006 at 5:30P.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 8, 2006 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@MJCI:JJGAN.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 $103,500.00 of which
$9,968.00 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1472 based on 46 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1472 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $147.2 PER YEAR
Due Date: September 261h, 2006
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,
/>
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•
/?JJt{;~/:l~c{ -::t§f!nature 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
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CHERRY ST., WILCOX AVE. TO THOMPSON AVE.
FOREST AVE., RUDDIMAN ST. TO DAVIS ST.
SIXTH ST., HOUSTON AVE. TO MUSKEGON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Cherry St. from Wilcox Ave .. to Thompson Ave ..
All parcels abutting Forest Ave., from Ruddiman St. to Davis St.
All parcels abutting Sixth St., from Houston Ave. to Muskegon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on August 8, 2006 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 rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Linda Potter, Acting City Clerk
Publish: JULY 29, 2006
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:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
1 ·~~;~r~cJ~~~~~~·····\ CITY OF MUSKEGON
\ENOINE~'_~:~~ENT~ Resolution No. 2006-09 (c)
Resolution At First Hearing Creating Special Assessment District
For Sixth Street from Houston to Muskegon
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 24, 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 January 24,2006, there were 27.61% 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 detennines 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
prope1ty set fmth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners carter and __S::ch:::.e::_opcch.:ce:..::r:..::d:___
. _ _ _ __
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 10.07 4% of the cost ofthe street improvement will be paid by special
assessments.
5. Upon submission ofthe special assessment roll , the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Comm ission wi ll consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter , and
Davis
Nays None
CITY OF MUSKEGON
ACKNOWLEDGM ENT
This resolution was adopted at a meeting of the City Comm ission, held on January 24, 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
Gail A. Kundinger, Clerk
EXHIBIT A
Sixth Street from Houston to Muskegon
SPECIAL ASSESSMENT DISTRICT
All prope1iies abutting that section of Sixth Street from Houston to Muskegon
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H 1528 HEARING DATE AUGUST 8, 2006
SIXTH ST.,MUSKEGON AVE. TO HOUSTON AVE .
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-20 5-34 7-000 1-0 463.0 MUSKEGON A JAY DEE PROPERTIES 1375 5TH ST MUSKEGON Ml 49441 $1,472 .00 $0.00 $1,472.00
24-205-34 7-0001-1 1221.0 6TH ST JAY DEE PROPERTIES 1375 5TH ST MUSKEGON Ml 49441 $1,280 .00 $0 .00 $1,280.00
24-205-347-0012-0 428.0 HOUSTON AV MITCHELL ROBERT 1260 7TH ST. MUSKEGON Ml 49441 $2,112.00 $0 .00 $2,112.00
24-205-348-0006-0 441.0 MUSKEGON A JOHNSON DELORIS A 441 W MUSKEGON A MUSKEGON Ml 49440-1 $2,112.00 $0.00 $2,112.00
24-205-348-0007-0 1148.0 6TH ST KNIGHT JOHNNIE 406 HOUSTON AVE MUSKEGON Ml 49441 $1 ,760.00 $0 .00 $1,760.00
24-205-348-0007-1 414.0 HOUSTON AV KNIGHT JOHNNIE 406 HOUSTON AVE MUSKEGON Ml 49441 $1 ,232.00 $0 .00 $1,232.00
TOTALS ~-- -- - -- - -- -- ·- --- -- ....... -- ---- - ---- -- . . . ...... $9,968.00 $0.00 $9,968.00
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
/l~· /& z£ f?-lf-06
C~RifCARTER (__~CITY COMMISSIONER DATE
CLARA SHEPHERD CITY COMMISSIONER
?f--lo-D6
DATE
8/9/2006
Page 1 of 1
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 21, 2006
RE: Former Lakos Property- Holiday Inn
SUMMARY OF REQUEST:
The owners of the Holiday Inn have requested the City waive the deed restrictions on the former
Lakos property and provide clear title to the property. The hotel owners have offered to pay
$10,000 for this transaction and have agreed to continue to allow the public to use the parking
lot until the property is developed.
FINANCIAL IMPACT:
$10,000.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
pb/0/AGENDA/FORMER lAKOS PROPERTY- HOLIDAY INN 072106
[[IJ~Il~~JillIIIII/IIIII/IIIII/IIIIIIllIIIII /Ill /Ill L-3711
ch.sld, Muskegon Co ROO 002
5211733
P-267
08/23/2006 11:16A
Page: 1 of 2
Quit Claim Deed
City of Muskegon, a municipal corporation, of933 Terrace Street, Muskegon, Michigan 49440,
Conveys and Quit Claims to: Muskegon Nights, Inc., a Michigan corporation, of24725 Greenfield Road,
Southfield, Michigan 48075 ("Grantee").
the property in the City of Muskegon, County of Muskegon, State of Michigan, which is described as follows:
Lot 8, except the East 4 inches; all of Lots 9, 10, and 11; Lot 12, except the Southwesterly .6 feet
(6/lOths) more or less, Block 566, Revised Plat (of 1903) of the City of Muskegon, as recorded in
Liber 3 of Plats, page 71, Muskegon County Records.
(former Lakos Property)
for the sum of: Ten Thousand and no/100 Dollars ($10,000.00).
This deed is given to relinquish and terminate the land contract vendee's entire right, title and interest in the property
and land conh·act dated March 1, 2000, between the City of Muskegon as seller and Desiree Enterprises, Inc., a
Michigan corporation, as buyer, subject to the public's right to park on the property at no charge as long as the
property is used as a parking lot by the Grantee or any successor in interest. A memorandum of the land contract is
recorded at Liber 3020, Page 817, Muskegon County Records.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated: Cf:w~t I ')} , 2006
CITY OF MUSKEGON
[notary block appears on following page]
G:IEDSI\F1LES\00100\1589\DEED_QUIICS8925.00C
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing insh·ument was acknowledged before me this day of ~.L..,.•.._.-'»~~
___j_f_ _Q
...
2006, by Stephen J. Warmington and Linda Potter, Mayor and Acting Clerk, respectively, ofth
a municipal corporation.
Yl\IU> f<..o
~A.) County, Michigan
My commission expues: OS' /J•.:I hi :::l.
Acting in Muskegon County, Michigan
Drafted by & when recorded return to: Send subsequent tax bills to:
John C. Schrier Grantee
PARMENTER O'TOOLE
601 Terrace Street, P.O. Box 786
Muskegon, Michigan 49443-0786
5211733
IIIII/I lllllllllllllllllllll IIIII/ IIIII/II IIIII //IIIII/
Mark Fa.irc:hildl Muskegon Co ROO 002
L-3711 P-267
08/23/2006 11: 16A
Page: 2 of 2
G:\EDSI\FILES\001 00\ 1589\DEED_ QUI\CS8925.DOC
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