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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 10,2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Sale of Buildable Vacant Lot on Dudley Street. PLANNING &
ECONOMIC DEVELOPMENT
C. Beach Peddler Agreement. Polish Wafer Ice. ASSISTANT CITY MANAGER
D. ASCAP Music License. CITY MANAGER
E. Purchase of Garbage Carts. PUBLIC WORKS
F. Request to Enter Info an Agreement with DOCVIEW, LLC. PUBLIC SAFETY
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. First Quarter 2005 Budget Reforecasf. FINANCE
o NEW BUSINESS:
A. Sale of 625 Ottawa Street Excluding the Right of Way. PLANNING &
ECONOMIC DEVELOPMENT
B. Amendment to Non-Union Rx Benefit. FINANCE
C. Extension 2004 2005 Bethany Housina Community Housing
Development Organization CCHDO} Agreement., COMMUNITY AND
NEIGHBORHOOD SERVICES
D. Reallocation of 1997 CHDO Funds to Habitat for Humanity for Jimmy
Carter Built Project. COMMUNITY AND NEIGHBORHOOD SERVICES
E. Lead Based Paint Abatement at 1983 Hoyt. COMMUNITY AND
NEIGHBORHOOD SERVICES
F. Approval of Contractor for Completion of Rehabilitation of Structure at
1983 Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
G. First Reading, Amend the City Code of Ordinances, to Repeal Chapter
102, Vehicles for Hire. LEGISLATIVE POLICY COMMITTEE
H. Liquor License Request - D & L of Michigan, LLC, 441 W. Western. CITY
CLERK
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 City Clerk.
> Be recognized by the Chair.
)> Step forward to the microphone.
> State name and address.
)> Limit of 3 minutes to address the Commission.
> {Speaker representing a group may be allowed 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 TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO; (231)
724-4172.
Date: May 10,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, April 26, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 10,2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, May 10,2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson of
the Word of Truth Outreach 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 Bill Larson, Commissioner Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-43 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, April 26, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Sale of Buildable Vacant Lot on Dudley Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1275 Dudley
Avenue to Lawrence Baker, 835 Stevens Street, Muskegon, MI. The lot is 181.7 x 135.9 x
279.85 X 165 X 125.3 ft. and is being offered to Mr. Baker for $9,750. He will be splitting
the property into 2 (two) lots in order to build 2 (two) single-family homes, which will
comply with the City's Policy for Sale of City-Owned Residential Property. The True Cash
Value (TCV) for the property listed in the Assessor's office is $17,000, so our price is set at
$12,750 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of 2 (two) new homes will
generate additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign the resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee recommends
approval of the sale and that the sale price should be $9,750 due to the steep slope of
the property and the amount of clean fill that would be required in order to build the
homes.
C. Beach Peddler Agreement, Polish Water Ice. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one-year agreement between
the City of Muskegon and Polish Water Ice, Inc. to sell their product (Polish Water Ice) on
Pere Marquette beach.
FINANCIAL IMPACT: None. (Polish Water Ice, Inc. will pay the City $3,000).
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends approval.
D. ASCAP Music License. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with ASCAP, which provides
permission for the City to use copyrighted music.
FINANCIAL IMPACT: $268 a year.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement with ASCAP.
E. Purchase of Garbage Carts. PUBLIC WORKS
SUMMARY OF REQUEST: Our stock of replacement garbage carts is now low enough
that we need to purchase another truck-load. We have quotes from the two vendors
that we have used in the past. Rehrig Pacific of Lawrenceville, Georgia is the low
bidder at $41 per cart for a total of $22,632 for 552 carts. Therefore we are requesting
your approval to purchase these replacement garbage carts from Rehrig Pacific.
FINANCIAL IMPACT: This purchase was budgeted in the General Sanitation Budget.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION: Approve the purchase.
F. Request to Enter Into an Agreement with DOCVIEW. LLC. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission authorize
the Director of Public Safety to enter into a service agreement with DOCVIEW LLC of
Lansing, Michigan. DOCVIEW provides an internet-based service known at TRAC View.
The TRAC View service allows for internet access and acquisition of traffic collision
reports. Citizens, Insurance Companies, Attorneys, etc. will now be able to purchase
collision reports on line and not have to make a trip to the Police Department, though
reports may still be purchased in person.
FINANCIAL IMPACT: There is no cost to the City for implementing this service. We will still
receive our compensation for each downloaded report. This will be provided to us on a
quarterly basis by DOCVIEW. Currently we have one staff position in Records assigned
to handle collision reports. We anticipate that this will free-up the bulk of this person's
time and allow her to attend to other duties.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the Consent
Agenda as read.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
2005-44 UNFINISHED BUSINESS:
A. First Quarter 2005 Budget Reforecast - Adoption. FINANCE
SUMMARY OF REQUEST: Staff has previously transmitted the First Quarter 2005 Budget
Reforecast which outlines proposed changes to the original budget that have come
about as result of changes in policy priorities, labor contracts, updated economic
conditions, or other factors. At this time staff is recommending adoption of the budget
reforecast together with any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: First quarter proposed changes to the General fund are relatively
minor. The most recent information from the state indicates that 2005 state shared
revenues will be $13,657 less than originally projected. A state revenue conference is
scheduled for May at which time further information may emerge. A more significant
shortfall is forecast for the CDBG allocation to the General Fund: the original budgeted
amount of $400,000 has been reduced to $250,000 reflecting the deterioration of CDBG
revenues. Other general fund revenues appear to be in line with original projections.
Proposed expenditure changes to the General Fund are minor resulting in an overall
$5.348 increase in projected costs. This figure incorporates the change resulting from
the personnel adjustments related to the housing inspections matter.
The most significant change included in the first quarter reforecast is in the Public
Improvement Fund. Two new fire trucks ($800,000) and Fisherman's Landing
improvements ($175,000) have been added. At the time the original budget was
prepared, it was thought that one truck would be under contract in 2004. This did not
occur and, since that time, it has become apparent from rising maintenance costs that
a second truck is warranted. The Fisherman's Landing improvements have been
previously discussed and involve an agreement for the Fisherman's Landing group to
repay the City over time.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Staff recommends formal approval of the Reforecast and
related budget amendments.
Motion by Vice Mayor larson, second by Commissioner Shepherd to approve the first
quarter 2005 Budget Reforecast with amendments.
ROLL VOTE: Ayes: Davis, Gawron, larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
2005-45 NEW BUSINESS:
A. Sale of 625 Ottawa Street Excluding the Right of Way. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant property at 625 Ottawa
Street excluding the ROW for Shoreline Drive to MIJU Corporation, 2597 Memorial Drive,
Muskegon, MI. The lot is currently 17 4 x 181 ft. with the ROW included and is being
offered to MIJU Corporation for $52,334.66 ($3.22 per square foot). Mr. Frazier, owner of
MIJU Corporation, will be utilizing this property for the adjacent business. Mr. Frazier has
also signed a purchase agreement.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for the City
and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed.
Motion by Vice Mayor larson, second by Commissioner Spataro to approve the sale of
625 Ottawa Street excluding the right-of-way.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
B. Amendment to Non-Union Rx Benefit. FINANCE
SUMMARY OF REQUEST: Most active city employees elect healthcare coverage
through the Priority Health HMO program. However, a small number (7) still have
coverage through the city's "self-insured" plan. With rising healthcare costs, staff has
periodically recommended changes in the Rx co-pay for the HMO plan. Due to an
oversight. the Rx co-pay for non-union members of the self-insured plan was not
adjusted at the start of the year when other benefit changes were made. At this time, it
is recommended that the Rx co-pay be increased from $2 generic/$5 brand-name to
$20 generic/$40 brand-name. This change will directly impact one non-union
employee currently enrolled in the self-insured plan and will indirectly impact a second
clerical-union employee whose contract tie-bars their co-pay to the non-union level.
The $20/$40 co-pay is consistent with co-pays in place or being negotiated with other
employee groups. Making this change now gives affected employees the chance to
consider options during the City's open enrollment period.
FINANCIAL IMPACT: Greater sharing of Rx costs between City and affected employees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the proposed amendment to the City's Non-
Union Salary Rx co-pay.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
amendment to the City's non-union salary prescription co-pay.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
C. Extension 2004 - 2005 Bethany Housing Community Housing Development
Organization CCHDOl Agreement. COMMUNITY AND NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the 2004-2005
extension agreement for the CHDO Bethany Housing for Fifty Five Thousand Dollars. The
funding will be used to rehabilitate the Bethany owned transitional house at 380-382
Houston. After the Mayor and Clerk sign the extension contract the CNS Office will
retain one copy for our files and a copy will be supplied to the Clerk's Office and one to
Bethany Housing. If the project is not completed by December 31, 2005, the City of
Muskegon will recapture the funding.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 HOME programs.
BUDGET ACTION REQUIRED: The Commission previously approved the funding.
STAFF RECOMMENDATION: To direct the Mayor and Clerk to sign the extension
agreements.
Motion by Commissioner Carter, second by Commissioner Spataro to approve the
extension of the 2004-2005 Bethany Housing Community Housing Development
Organization Agreement for 380-382 Houston and direct staff to address the parking
situation for the tenants.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
D. Reallocation of 1997 CHDO Funds to Habitat for Humanity for Jimmy Carter Built
Project. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct staff to reallocate unused 1997 HOME CHDO funding
of Thirty Thousand Seven Hundred and Seven Dollars ($30,707) to Habitat for Humanity
to assist them with their housing blitz project this summer formally known as the Jimmy
Carter Built project. The original funding was allocated to another CHDO in 1997 and
the funding was never spent. Therefore it is the request of the CNS to have the funding
allocated to Habitat for Humanity.
FINANCIAL IMPACT: Funding will be allocated from the 1997 HOME funds allocation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to have the documents signed by the Mayor
and the Clerk.
COMMITTEE RECOMMENDATION: The previous allocation was approved by the
Commission and the Citizen District Council.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
reallocation of 1997 CHDO funds to Habitat for Humanity for Jimmy Carter Built Project.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
E. Lead Based Paint Abatement at 1983 Hoyt. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the bid with Success Builders. 2722 E. Broadway,
Muskegon, Michigan for the lead based paint abatement of the city-owned home at
1983 Hoyt for $18,900. The other bid received was from A-1 Professional Construction, 15
North Park, Grand Rapids, Michigan for $20.400. After the lead base paint abatement is
complete, the structure will be totally rehabilitated and then sold to a qualified low to
moderate-income homebuyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2003 HOME
budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the bid and authorize staff to contract the work
with Success Builders of Muskegon.
Motion by Commissioner Spataro, second by Commissioner Davis to approve the lead-
based paint abatement at 1983 Hoyt.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
F. Approval of Contractor for Completion of Rehabilitation of Structure at 1983
Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Lewis Johnson Construction, 1607
Bonita Court of Grand Haven for the completion of the rehabilitation of 1983 Hoyt for
Fifty Six Thousand Nine Hundred ($56,900). The structure was obtained by the City of
Muskegon through the "Good Neighbor Program" from the U.S. Department of Housing
and Urban Development for the total cost of one dollar ($1.00). After the final
rehabilitation is completed, the property will be sold to a qualified family in accord with
the City's neighborhood revitalization efforts, continuing the City's aggressive
neighborhood revitalization efforts. The CNS Office received four proposals for this
project. The other three were: Top Notch Design, 4740 Jenson, Fruitport, ($66,535);
Wasco/Briggs, 210 E. Broadway, Muskegon Heights, ($73,613); R&R Smith, 2251 W. Giles
Road, North Muskegon, ($80,87 4).
FINANCIAL IMPACT: The funding for this project will be taken from the City's HOME funds
from fiscal year 2003 and program income.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION: To approve the Community and Neighborhood Services
request.
COMMITIEE RECOMMENDATION: The Commission approved for the CNS Office to
obtain this home through the "Good Neighbor Program".
Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the
contract with Lewis Johnson Construction for the completion of the rehabilitation of 1983
Hoyt for $56,900.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
G. First Reading, Amend the Citv Code of Ordinances, to Repeal Chapter 102,
Vehicles for Hire. LEGISLATIVE POLICY COMMITTEE
SUMMARY OF REQUEST: To repeal and reserve Chapter 102, Vehicles for Hire, of the City
of Muskegon Code of Ordinances.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance.
COMMITTEE RECOMMENDATION: This was discussed at the April 27th Legislative Policy
Committee Meeting.
Motion by Commissioner Spataro, second by Commissioner Gawron to amend the City
Code of Ordinances to repeal Chapter 102 regarding Vehicles for Hire.
Motion by Commissioner Spataro, second by Vice Mayor Larson to table the
amendment to the City Code of Ordinances to repeal Chapter 102 regarding Vehicles
for Hire to the June 13th Commission Worksession.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to extend the current
licenses until this item is resolved.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
H. Uguor License Request- D & L of Michigan, LLC, 441 W. Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from D & L of Michigan, LLC, to transfer ownership of the
2004 Class C-SDM licensed business with dance permit and outdoor service (1 area),
located in escrow at 3621 Getty, Norton Shores, from North-Saylor, Inc. and to transfer
location to 441 W. Western, Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Police Department is recommending denial of the
request.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the liquor
license transfer.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None.
MOTION PASSES
2005-46 CLOSED SESSION: To discuss pending litigation and collective bargaining.
Motion by Commissioner Carter, second by Commissioner Spataro to go into Closed
Session at 7:16p.m. to discuss pending litigation and collective bargaining.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Shepherd to come out of
Closed Session at 8:00 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur with the
City Attorney's recommendation.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:02 p .m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: May 10, 2005
Date: April 27, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c0G-
RE: Sale of Buildable Vacant Lot on Dudley Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1275 Dudley Avenue (Parcel #24-610-000-
0147-00) to Lawrence Baker, 835 Stevens Street, Muskegon, MI. The lot is 181.7 x 135.9 x
279.85 x 165 x 125.3 ft. and is being offered to Mr. Baker for $9,750. He will be splitting the
property into 2 (two) lots in order to build 2 (two) single-family homes, which will comply with
the City's Policy for Sale of City-Owned Residential Property. The True Cash Value (TCV)
for the property listed in the Assessor's office is $17,000, so our price is set at $12,750
which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of 2 (two) new homes will generate additional tax
revenue for the City and will place the property back on the City's tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommends approval of the sale and that the sale price
should be $9,750 due to the steep slope of the property and the amount of clean fill that
would be required in order to build the homes.
4127105
Resolution No. 2005-43(b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT I275 DUDLEY
A VENUE IN MARQUETTE NEIGHBORHOOD FOR $9,750 as recommended by the Land
Reuti lization Committee at their regular meeting of April 26, 2005 .
WHEREAS, Lawrence Baker has placed a $400 deposit for the parcel designated as parcel
number 24-610-000-0147-00, located at 1275 Dudley Avenue; and
WHEREAS, the price for parcel number 24-610-000-014 7-00 is set by the City at $12,7 50,
which is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
fUJther maintenance costs; and
WHEREAS, the sale is not consistent with City policy regarding the disposition of buildable lots,
due to the steep slope of the property and the amount of clean fill that will be required in order to
build the homes.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0147-00, located at
1275 Dudley Avenue be sold to Lawrence Baker for $9,750.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 1 LOTS 147 THRU 149
INCL
Adopted this 10111 day of May 2005
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Wannington
Nays: None
Absent: None
Gail Kundinger, MM
City Clerk
CERTIFICATION
2005-43(b)
I hereby certify that the foregoing constitutes a true and complete copy of a i·esolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May 10, 2005. By: ~~
Gail Kundinger, MC
City Clerk
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Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Kimber VanderWall Title No.: MUS438571
Date: 06/15/2005
SELLER'S SETTLEMENT STATEMENT
Seller(s): City of Muskegon, a municipal Buyer(s): Lawrence Baker
corporation
Property: 1275 Dudley Avenue
Muskegon, MI 49442
Muskegon Urban Renewal 1, Lot 147-149
DEBIT CREDIT
Contract Sales Price $9,750.00
Earnest money held by seller $400.00
Sidewalk Assessment to City of Muskegon $744,.30
Commission Paid at Settlement $0.00
to
to
Settlement or closing fee to LandAmerica Transnation $200.00
Title insurance to LandAmerica Transnation $226.00
***** Sub Total $1,570.30 $9,750.00
Balance Due To Seller $8,179.70
Total $9,750.00 $9,750.00
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
Broker:
City of Muskegon, a municipal
corporation
By:
s,Ctkt;o m.~tth 0 0 Q
Hop~ Fimu,, -Asst.. Planner /
nMeho.il
Commitment No: MUS438571
ADDENDUM TO PURCHASE AGREEMENT
Relative to the Purchase Agreement by and between City of Muskegon, a municipal corporation
as Seller(s) and Lawrence Baker as Buyer(s) of property located at 1275 Dudley Avenue,
Muskegon, MI 49442 dated 5/10/05, it is hereby agreed that the said Purchase Agreement is
amended as follows:
The complete legal description is attached. Closing date to be June 15, 2005.
All other terms and conditions of said Purchase Agreement remain unchanged.
· r . Oj~
·.(~'_--_i__
Date: __ J ___________________
City of Muskegon, a municipal
corporation
EXHIBIT A
File Number- MUS438571
Legal Description:
Lots 147 through 149, inclusive, Muskegon Urban Renewal Plat No, 1, as recorded in Liber 19 of
Plats, Pages 6 through 8, Muskegon County Records.
BUYERS ACCEPT PROPERTY "AS IS"
Date: June 15, 2005
Property: 1275 Dudley Avenue
Muskegon, MI 49442
Commitment No.: MUS438571
We, the undersigned, being the buyers of the above captioned property, understand and
acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
or the condition thereof.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage relative thereto.
The foregoing agreement is hereby accepted and approved on June 15, 2005.
J=:~{'~N<:.:'\:.. ~~"c\'.-
Lawrence Baker
CONTINGENCY REMOVAL
Date: June 15, 2005
Property: 1275 Dudley Avenue
Muskegon, MI 49442
Seller(s): City of Muskegon, a municipal corporation
Buyer(s): Lawrence Baker
Commitment No.: MUS438571
In reference to the sales agreement dated 5/10/05 between the Buyer(s) and Seller(s)
herein identified, and all subsequent addendums to that agreement for the property stated above,
it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
been met, resolved or removed to the satisfaction of all parties concerned.
Further, the undersigned agree to indemnify, save and hold harmless and and
Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
relative thereto.
~--"'~'---
--,-v--<.__V'-I._L_'-____,~..L__-
_C_'-c_l'-
~rence Baker
City of Muskegon, a municipal
corporation
Date: June 15 2005
Commitment No.: MUS438571
Property Address: 1275 Dudley Avenue, Muskegon, Michigan 49442
The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
required by Public Act 237 of 1994.
,-)The undersigned do not request that Transnation Title Insurance Company file the form on their
-~half.
0 The undersigned have fully and properly completed the form and request that Transnation Title
Insurance Company file the form with the appropriate local tax collecting unit. The undersigned
acknowledges and agrees that the Company will mail the form by first class mail, and that the
Company shall not be liable in the event that any of the information provided on said form is
inaccurate or incomplete, or in the event that said form is not received or properly processed by the
local tax collecting unit.
Sellers:
City of Muskegon, a municipal
corporation
Transnation Title Insurance Company
570 Seminole Rd Ste 102, Muskegon, Ml 49444
Phone: 231-737-9111 Fax: 231-737-7304
ACKNOWLEDGEMENT OF HOMEOWNER'S PRINCIPLE RESIDENCE EXEMPTION
AFFIDAVIT AND REQUEST TO RESCIND HOMESTEAD EXEMPTION AND PROPERTY
TRANSFER AFFIDAVIT
Date: June 15, 2005
Commitment No.: MUS438571
Property: 1275 Dudley Avenue, Muskegon, MI 49442
The undersigned herby acknowledges receipt of Property Transfer Affidavit form (Michigan
Department of Treasury Form No. L-4260) as same is required by Public Act 415 of 1994 which
imposes obligations on buyers/transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance Company is under no
obligation to provide said form but does as an accommodation to the undersigned. The
undersigned assumes all liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
D The undersigned do not request that Transnation Title Insurance Company file the form on
their behalf.
'r/ The undersigned have fully and properly completed the form and request that Transnation
·tibe Insurance Company mail the form by first class mail and acknowledges that the Company
shall not be liable in the event that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or properly processed by the local tax
collecting unit.
The undersigned herby acknowledge receipt of the Homeowner's Principle Residence Exemption
Affidavit (Michigan Department of Treasury Form No. 2368) as same is required by Public Act 415
of 1994 which imposes obligations on Purchasers/Transferees to file the form within 45 days of
the date of transfer. The undersigned further acknowledge(s) that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an accommodation to the
undersigned. The undersigned assume(s) all responsibility relative to compliance with the Act
and, accordingly, holds the Company harmless from and against any liability relative thereto.
WThe undersigned do not request that Transnation Title Insurance Company file the form on
~r behalf.
D The undersigned have fully and properly completed the form and request that Transnation
Title Insurance Company mail the form by first class mail and acknowledges that the Company
shall not be liable in the event that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or properly processed by the local tax
collecting unit.
BUYERS:
~
I 'tf'--I.S.__c-
wrence Baker
L-4260
Mid1igan Department of Treasury
2766 (Rev. 7-00)
Tllis form is issued under authority of
PROPERTY TRANSFER AFFIDAVIT P.A. 415 of 1994. Filing is mandato1y.
This form must be filed whenever real estate or some types of personal property are transfen·ed (even if you
are not recording a deed). It is used by the assessor to insure the rroperty IS assessed properly and rece1 ves
the correct taxable 1•alue. It must be filed by the new owner With the assessor for the city or township
where the propetty is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day
(maximum $200) applies. The information on this form is NOT CONF;-:ID.;.:.;,E'"'N_T:-;-;;;IA::::L::::.;:c-;----c:-c:;-:-=::::::::=-::=:;;--,
1. Street Address of Property 2. County 4. Date of Transfer (or land contract was signed)
1275 Dudley Avenue Muskegon June 15.2005
3. Cityn'ownship!Village of Real Estate Township/City/Village
City Muskegon 5. Purchase Price of Real Estate
$9,750.00
6. Property Identification Number (1'/Nl. lfyou don't have a PIN, attach a legal description. PIN. This number ranges from 10 to 25 digits. It
61-24-610-000-0145-00, usually includes hyphens and sometimes includes
letters. It is on the property tax bill and on the
assessment notice.
7. Seller's (Transferor) Name 8. Buyer's (Transferee) Name and Mailing Address
City of Muskegon, a municipal corporation J Lawrence Baker
Hems 9-13 are optional. However, by completing
1~'15 Bodle;• 4"enue '6:::, s 5 \-..:. ~ '<..1\J:>
them you may avoid further correspondence.
~4Hsl~e~fm ~H 49442 )'Y\_ ""--''" 11--... . ('(\ :c '-( q '-\ '-\ 'L
Transfers include deeds, land contracts, transfers involving I
trusts or wills, certain long-term leases and interest in a 9 . Type of Transfer?
business. See the back for a complete list. _
I 0. Is the transfer between related persons?
Ill. Amount of Down Payment
l12. If you financed the purchase did you pay market rate of jnterest? 13. Amount Financed (Borrowed)
Exe1nptions _____________________________________________________________________________________
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the types of
exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, indicate below the
typ~ of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your
clmm.
D transfer from one spouse to the other spouse
D change in ownership solely to exclude or include a spouse
D transfer of that portion of a property subject to a life lease or life estate (until the life lease of life estate expires)
D transfer to effect the foreclosure or forfeiture of real property
D transfer by redemption from a tax sale
D transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust
D transfer resulting from a court order unless the order specifies a monetary payment
D transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
D transfer to establish or release a security interest (collateral)
D transfer of real estate through normal public trading of stocks
D transfer between entities under common control or among members of an affiliated group
D transfer resulting from transactions that qualify as a tax~ free reorganization
D transfer of qualified agricultural property when the prope1ty remains qualified agricultural property and affidavit has been filed.
D other, specify:
Certification--,---,---,-------,-----,.------------:----~--------,------------------------------------------
/certify that the information above is true and complete to be best of my knowledge.
~~~~~--~~--~--------.
~~1er's Signature '2_ ~-- . Date If signer is other than the owner, print name and title.
U" cu._,.__,'{' U'-\.C~ ~"-q.- C9/tS I
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal cmporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to LAWRENCE BAKER, a married man, of 835 Stevens, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149, INCLUSIVE
for the sum ofNine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (2) single family homes on the
premises herein conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the homes and driveways. "Complete
construction" means: (I) issuance of a residential building permits by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwellings described in the
said building permits. In the event of reversion oftitles of the above-described premises, improvements made
thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described
above shall be improved with not more than two (2) single family homes, and they shall be owner-occupied for five
(5) years after the date of this deed. These covenants and conditions shall run with the land.
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 this~ day of__,·t-_1"-'-'Q"'.'-/+----' 2005.
Signed in the presence of:
L/ncl~ /'ort-l'r
~~k~sk·.
-:r~ ~Y\Y'\. \('('u 'Kowsk::1
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on t21n'Ej
t(o , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and ~erk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
L/ n Ja 5. (l, tfn" , Notary Public
PREPARED BY: John C. Schrier
Parmenter 0 1Toole
175 W. AppleAvenue/P.O. Box 786
Acting in the County of z?1«s
fifo
tl714..5 /r 17
'\rv a a
Coun y, Michigan
Muskegon,MI49443-0786 My Comm. xpires: 9 -;;). .)'- Cl c?
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
SURVEY WAIVER
Date: June 15, 2005
Property:1275 Dudley Avenue
Muskegon, MI 49442
Commitment No.: MUS438571
We, the undersigned, herein acknowledge that we have been strongly advised to obtain a
land survey showing the dimensions of the property and the location of all buildings situated
thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
pertaining to survey matters, including but not limited to size of lot or land, location of boundary
lines, locations of buildings and encroachments of any kind.
d~ (' "c1~C"-- ~"-._'t~
Lawrence Baker
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Kimber VanderWall Title No.: MUS438571
Date: 06/15/2005
PURCHASER'S SETILEMENT STATEMENT
Buyer(s): Lawrence Baker Seller(s): City of Muskegon, a municipal corporation
Property: 1275 Dudley Avenue
Muskegon, MI 49442
Muskegon Urban Renewal 1, Lot 147-149
DEBIT CREDIT
Contract Sales Price $9,750.00
Deposit or earnest money $400.00
Settlement or closing fee to LandAmerica $200.00
Transnation
Recording Deed: Mortgage: Releases: $14.00
Fees $14.00
***** Sub Total $9,964.00 $400.00
Balance Due From Borrower $9,564.00
Total $9,964.00 $9,964.00
The above figures do not include sales or use taxes on personal property.
ACCEPTED AND APPROVED
Broker:
&0-.-\...Uf "t N Ct.. ~0--~ 'tl\...
Lawrence Baker By:
CITY OF MUSKEGON
LAND REUTILIZATION COMMITTEE
REGULAR MEETING
MINUTES
Apri126, 2005
Chairman M. Amrhein called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT: M. Amrhein, C. Shepherd, R. Hill, R. Allen, J. Martin Jr.
K. Davis
MEMBERS ABSENT: J. McClain, excused
STAFF PRESENT: H. Griffith, D. Leafers
OTHERS PRESENT: L. Baker, 835 Stevens
ELECTION OF OFFICERS
A motion to re-elect M. Amrhein as Chairman and J. Martin Jr. as Vice-Chairman was made by
K. Davis, supported by R. Hill and unanimously approved.
APPROVAL OF MINUTES
A motion to approve the minutes of the regular meeting of August 24, 2004 was made by K.
Davis, supported by J. Martin Jr. and unanimously approved.
NEW BUSINESS
Lawrence Baker- 1275 Dudley Ave.- Request to purchase city-owned buildable lot at 1275
Dudley Avenue for $9,000. H. Griffith presented the staff report. L. Baker would like to
purchase this lot from the City. The request required LRC approval because 1) the lot has 181.7
feet of frontage, and 2) he is requesting a reduction in the selling price. The property is located
at the end of a cul-de-sac and has 181.7 ft. of street frontage. Mr. Baker plans to split the lot and
build two single family homes. Each home would require a minimum of 1,260 sq. ft. of usable
living space, excluding the basement. Mr. Baker is proposing homes that exceed that
requirement. Due to the sharp slope of the property, a large amount of fill would be required
before he could build. The extra cost generated by the fill is the reason for his request to reduce
the selling price. He estimated he would need approximately 2800 yards of fill, which would
cost from $11,200 to $14,000 plus machine time. Doug Sayles from the Department of Public
Works for the City stated that the price for clean fill can range from $4 to $1 0 or more per yard.
Due to increasing trucking fees, the fill price is rising. There will also be extra foundation
needed beyond what would normally be used in new construction, due to the slope of the
property.
The policy for selling City-owned buildable lots requires that the price for the lot be based on
75% of the TCV, which would make the selling price of this property $12,750. Mr. Baker
requested that it be reduced to $9,000. Staff felt that there were special circumstances with this
1
property and that the price could be lowered. Staff suggested a selling price of $10,500. Pictures
of the property were provided to the commission members, depicting a steep slope. If the
property sale is approved, Mr. Baker would have to apply for the lot split once he owns the
property. The commission members were provided with the Zoning Ordinance excerpt from
Section 2302 LAND DISTURBANCES (excerpt).
Staff recommended approval of the sale of the buildable lot to Mr. Baker, and that the purchase
price be lowered from the policy requirement due to the steep slope of the property and the
amount of fill that would be needed in order to build the homes.
M. Amrhein asked if the LRC could make an approval contingent upon the lot being split. H.
Griffith stated they could. R. Allen asked how much it cost to have a lot split, and who paid. H.
Griffith stated it cost $25 and Mr. Baker would pay that plus the cost of a survey. K. Davis
thought the condition of the lot was already taken into consideration when the selling price was
set. H. Griffith stated that the newer homes in that area could account for the higher price on the
lot. Other lots and homes in the area were discussed. C. Shepherd asked about the water and
sewer for the site. H. Griffith stated there were taps for water and sewer with no lines running
thru the property. L. Baker provided pictures to the commission members of other homes that he
has built on difficult properties, such as this.
A motion to sell the lot to L. Baker for the staff-suggested price of $10,500 was made by C.
Shepherd and supported by J. Martin Jr. with discussion on the motion continuing.
K. Davis asked L. Baker if he would still purchase the lot at the $10,500 price. L. Baker stated
he would like to purchase the property for $9,000 due to the cost of the fill and the added cost for
the extra foundation that would be needed. He stated the lot needed a lot of work and that he
would also be paying several other fees, including permits and water hookup. C. Shepherd
withdrew the motion.
R. Allen understood Mr. Baker's situation, but that area was in demand right now and believed
the lot would sell. R. Hill suggested they split the difference on the price and go with $9,750.
This price was discussed among the Commission members. K. Davis stated the City would
recoup the rest of the money in property taxes.
A motion to recommend approval of the sale of 1275 Dudley for $9,750 to Lawrence Baker was
made by K. Davis, supported by C. Shepherd and unanimously approved.
OTHER
YTD Propetty Sales- $18,006.
ADJOURN
There being no further business, the meeting was adjoumed at 4:26 p.m.
dml
4/26/05
2
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made /0 tJlqy
, 2005, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and LAWRENCE BAKER, a married man, of 835 Stevens,
Muskegon, Michigan 49442 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149,
INCLUSIVE
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises two (2) single-family homes, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the homes
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
and driveways. The homes shall be substantially completed within eighteen (18) months and, in
the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the homes shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAlVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
W AlVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement.DOC
9. Closing. The closing date of this sale shall be on or before--:---=:-:----
200_ ("Closing"). The Closing shall be conducted at Land America Transnation Title
Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
parties shall execute an IRS closing report at the Closing.
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be reporded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
0:\Pianning\COMMON\Property\Buildable Lot Sa!es\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
~
t./ncl"
BUYER:
Q\1~\JJ\\..t.N.C't.. t)(.\.ll"'-'c~
LAWRENCE BAKER
SS No.: ~log -':)'(') · 18 ?....""(
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1275 Dudley\purchase agreement. DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to LAWRENCE BAKER, a married man, of 835 Stevens, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I, LOTS 147 THRU 149, INCLUSIVE
for the sum ofNine Thousand Seven Hundred Fifty and no/100 Dollars ($9,750.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (2) single family homes on the
premises herein conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the homes and driveways. "Complete
construction" means: (I) issuance of a residential building permits by the City of Muskegon; and, (2) in the sole .
opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwellings described in the
said building permits. In the event of reversion of titles of the above-described premises, improvements made
thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described
above shall be improved with not more than two (2) single family homes, and they shall be owner-occupied for five
(5) years after the date of this deed. These covenants and conditions shall run with the land.
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 this _ _ day of _ _ _ _ _ _ _, 2005.
Signed in the presence of:
Lt' n qq /'a /t-<'r
~ Cl--.. V~sk·
":t~ ~ Y\ Y\. 'K '(' u ~ 9 \.iJ s. t ;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on !2'1"-Ej tzo ,
2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Jerk, respec!lvely, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier Linda S. f, tf~ r , Notary Public
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
Acting in the County of 727lf.s
tl7us k .g:r2 o
'\'((a ,. ,
Coun y, Michigan
Muskegon, MI49443-0786 MyComm. xpues: 9 -,;;z,s-- t?l¢
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
1275
' '
CITY COMMISSION AGENDA ITEM --:c-::------:--::-:--::-
CITY COMMISSION MEETING DATED May 10, 2005
MEMORANDUM
To: Mayor and City Commissioners
From: Lee Slaughter, Assistant City Manager
Date: May 3, 2005
Re: Beach Peddler Agreement- Polish Water Ice.
SUMMARY OF REQUEST:
To authorize the Mayor to sign a one year agreement between the City of Muskegon and
Polish Water Ice, Inc. to sell their product (Polish Water Ice) on Pere Marquette beach.
FINANCIAL IMP ACT:
None. (Polish Water Ice, Inc. will pay the city $3000).
BUDGET ACTION REQUIRED:
None.
COMMITTEE RECOMMENDATION:
The Leisure Services Board recommends approval.
;(OO..>- ~ J (c)
LICENSE AGREEMENT
THIS AGREEMENT made mtr
/0 , 200:?_-;between the City of Muskegon, a
Michigan municipal corporation, of 93i ;rrace Street, Muskegon, Michigan 49440 ("City") and
Refreshing Concepts, a Michigan corporation of 3700 Rivertown Parkway, Suite
2166, Grandville, Michigan 49418 ("Licensee"). In consideration of the mutual promises herein
contained, the parties agree:
1. Grant of License. City grants to Licensee a non-exclusive license to occupy and
use, subject to the terms of this license Pere Marquette beach between the channel and the
Muskegon Filtration Plant and between the water's edge and the Ovals in the City of Muskegon,
Muskegon County, Michigan ("Premises"):
2. Term, Renewal. The term of this license shall commence May 15, 2005 and
shall terminate October 15,2005.
License Payments. Licensee shall pay to City the sum of $2,250, with such amount
being satisfied by payments of $750 on June 30, July 30, and August 30. At the conclusion of
the Term, Licensee shall provide a report approximating the gross receipts from the sale of
Polish Water Ice on the Premises.
3. Use ofthe Premises. The Premises shall be used and restricted as follows:
a. Operating of Concession for the Sale ofPolish Water Ice. The Licensee
is permitted to sell Polish Water Ice on the Premises. Licensee may operate sale of
Polish Water Ice on the premises, in the sole discretion of Licensee prior to Memorial
Day and after Labor Day.
b. Inconsistent Uses. Any use for other purposes than specified above,
without written permission, shall render this license immediately revocable at the option
of City.
4. Utilities. Licensee shall supply and pay for all utilities to the Premises. City shall
have no responsibility for furnishing any utilities and does not guarantee same; provided that
City shall have the right to enter upon the Premises at any time for the purpose of repairing
municipal utilities involved.
5. Taxes and Assessments. Licensee shall pay all lawful fees, taxes and
assessments during the term of this License which may be levied by any authority. Said taxes
and assessments may include taxes on fixtures, equipment and property owned by Licensee or
situated on the Premises.
0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
•
6. Signs. Licensee shall not place any signs on the Premises. Licensee is a sub-
tenant of a building, owned y another party, but which is located on property owned by the City
and within the area described as the Premises. This provision does not prohibit Licensee from
applying for a permit to place a sign on that building.
7. Condition of the Premises. Licensee shall exercise its best efforts to insure that
none of its containers become litter on the Premises.
8. Alterations and Additions. No alterations or additions to the Premises shall be
made unless City consents in writing.
9. Liens. Licensee shall pay promptly for all labor or materials and shall keep the
Premises free of all liens or encumbrances of any kind.
I 0. Indemnification. To the fullest extent permitted by law, Licensee agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees and volunteers and others working on behalf of the City against any and all
claims, demands, suits, or loss, including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the City, its elected and appointed
officials, employees, volunteers or others working in behalf of the City, by reason of personal
injury, including bodily injury and death and/or property damage, including Joss of use thereof,
which arises out of or is in any way connected or associated with this agreement.
II. Hazardous Substances. No goods shall be brought onto the Premises or placed
in the waters adjacent thereto that are in any way explosive or hazardous. No activity shall be
conducted on the Premises nor machinery used if such activity or machinery will increase the
cost of or suspend insurance on the Premises or will in any way injure the Premises. Licensee
shall indemnify, pursuant to the provisions of this license, the City concerning the presence or
release of any hazardous substance into the waters or onto the Premises.
12. Default. If Licensee fails to pay when due any payment required by this license,
or defaults in any other terms hereof, City may declare this license forfeited only if Licensee fails
to cure such Default within I 0 days after Licensee receives written notice from City of the
Default. If Licensee fails to cure a Default within such I 0-day period, City may exercise a right
of reentry on the Premises after declaring forfeiture.
13. Surrender of Premises on Termination of License. At termination, Licensee
shall surrender the Premises. Upon termination, City may prohibit Licensee from further sales on
the Premises.
14. Holding Over. If Licensee holds over the Premises after termination said holding
shall be deemed holding over from month to month. The terms of this License shall apply during
said monthly terms.
0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
15. Insurance. The Licensee shall not commence occupancy until it has obtained the
insurance required under this paragraph. All coverage shall be with insurance carriers acceptable
to City.
a. Workers' Compensation Insurance. The Licensee shall procure and
maintain during the life of this contract, Worker's Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the State of
Mi9higan.
b. Commercial General Liability Insurance. The Licensee shall procure
and maintain during the life of this contract, Commercial General Liability Insurance on
an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence
and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property
Damage. Coverage shall include the following extensions: (i) Contractual Liability; (ii)
Products and Completed Operations; (iii) Independent Licensees Coverage; (iv) Broad
Form General Liability Extensions or equivalent; (v) Deletion of all Explosion, Collapse
and Underground (XCU) Exclusions, if applicable.
c. Motor Vehicle Liability. The Licensee shall procure and maintain during
the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
Coverages, with limits ofliability of not less than $500,000 per occurrence combined
single limit Bodily Injury and Property Damage. Coverage shall include all owned
vehicles, all non-owned vehicles and all hired vehicles.
d. Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement stating the
following shall be "Additional Insureds": The City, all elected and appointed officials,
all employees and volunteers, all boards, commissions and/or authorities and board
members, including employees and volunteers thereof.
e. Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as described above,
shall include an endorsement stating the following: "It is understood and agreed that
thirty (30) days' Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to:
CITY OF MUSKEGON
Attn: City Manager
933 Terrace Street
Muskegon, Michigan 49440
f. Proof of Insurance Coverage. The Licensee shall provide the City at the
time the contracts are returned by him for execution, certificates and policies as listed
below:
0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
i. Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance;
iii. Two (2) copies of Certificate of Insurance for Vehicle Liability
Insurance;
iv. Original Policy, or original Binder pending issuance of policy, for
Owner's and Licensee's Protective Liability Insurance.
v. If so requested, Certified Copies of all policies mentioned above
will be furnished.
g. Notice of Termination. If any of the above coverages expire during the
term of this contract, the Licensee shall deliver renewal certificates and/or policies to City
at least ten (10) days prior to the expiration date.
16. Non-Waiver. The failure of City to enforce any of its rights hereunder shall not
be deemed a waiver of subsequent enforcement.
17. Time of the Essence. Time is expressly declared to be of the essence of this
license.
18. Cumulative Rights and Remedies. Every right and remedy given to the City by
this License is cumulative and no right or remedy shall be exclusive of any other provided by
law. The exercise of one right or remedy by City shall not impair the right of City to exercise
any other.
19. Non-Assignment. This License may not be assigned at any time by Licensee.
20. Insolvency and Bankruptcy. If a petition in bankruptcy is filed by or against
Licensee or if it becomes insolvent within the meaning of any state or federal insolvency law, or
if it makes an assignment for the benefit of its creditors, or a receiver of any part of Licensee's
business is appointed by any state or federal court, and the said appointment is not vacated
within 15 days of the appointment, or if any property or assets of the Licensee is attached and not
vacated within 15 days of the attachment, this Licensee shall be deemed to have been breached
by Licensee and City shall be entitled to exclude Licensee from the Premises without any prior
notice. This license shall in no event constitute an asset of Licensee assignable to a receiver or
trustee in bankruptcy by operation of law or otherwise.
21. Inspection of Premises. City reserves the right to enter the Premises at any
reasonable time for the purpose of inspection and exercise of any and all rights hereunder.
0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
22. Benefit. This License Agreement shall be binding upon and inure to the benefit
of the respective parties, their successors and personal representatives.
23. No Interest in Land Created. Licensee agrees that this agreement is a license
and not a lease, and that no interest or estate in real property or the improvements thereon is
created by this agreement.
24. No Third Party Beneficiary Clause. This Agreement shall benefit only the
parties to this Agreement, and not a third party.
25. Notices. Notices under this agreement shall be mailed first class mail as follows:
CITY OF MUSKEGON
Attn: City Manger
9 3 3 Terrace Street
Muskegon, Michigan 49440
Tom Curyto
3700 Rivertown Parkway
Rivertown Crossings Mall
Grandville, MI 49418
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
Date: -----'Z:'----<-1.::.0 _ _, 200£'
'"d~Q~
Name: Gail A. Kundinger, MMC
Title: Clerk
Date: S-\ 1 , 200§
LICENSEE- POLISH WATER ICE
By: cJL~
Name: Tom Curyto
Title: Owner/President
Date: 5- I'0 , 200_5
0:\MANAGER\bicepa\Word\Refreshing Concepts License Agreement 050505.doc
AGENDA ITEM N O . - - - - - -
CITY COMMISSION MEETING - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 2, 2005
RE: ASCAP Music License
SUMMARY OF REQUEST:
To approve an agreement with ASCAP, which provides permission for the City to use
copyrighted music.
FINANCIAL IMPACT:
$268.00 a year.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement with ASCAP.
COMMITTEE RECOMMENDATION:
None.
pmb/O(ASCAP Music License Agenda Cover 050205)
JUN 1 0 2005
MU~:sKEGON
AS CAP GITY Ml\Nt\GER'S OFFICE
June 3, 2005
Mr. Bryon Mazada
City of Muskegon, Ml
City of Muskegon, Ml
P.O. Box 536
Muskegon Ml 49443-0536
Dear Mr. Mazada:
This will acknowledge, with thanks, receipt of your signed license agreement. An executed copy of the
license agreement is enclosed for your records.
The ASCAP license agreement allows you to provide legally to your patrons America's best music, and
we are certain it will contribute to the success of your business.
Thank you for your cooperation in this matter, and if we can be of assistance, please contact us.
Sincerely,
<~¥"..-.b.
Kevin Garrelts
AKM
Enclosures: License Agreement
Certificate
ACC#: 10-23-012526-1
AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS
2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339
(770) 805-3400 Fax: (770) 805-3468
' Apr 19 05 02: 35p JenniTer Chadwick 518-271-1179 p.3
J~N D' 1 2005 )Dv~3- 'Q J?.1:;;'2Jo ~j
LICENSE AGREEMENT- LOCAL GOVERNMENTAL ENTITIES
-- .-: .... ._.._ - ·: -- -·~ ~ .: _.. ~-~ ~:. ·_: benveen the American Society of Composers, Authors and PubJishers
·-·
("ASCAP") located at
2690 Cumberland Parkway, Suite 490
Atlanta, GA 30339-3913
by City of Muskegon, Ml
("LJCENSEE"), located at
P.O. Box 536
Muskegon, MI 49443-0536
as follows:
1. Grant and Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and
"Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the
"ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment" or
"Mechanical Music". For purposes of this Agreement,
(i) "LICENSEEn shall include the named entity and any of its constituent bodies, departments,
agencies or Jeagilcs.
(ii) "Mechanical Music" means music which is performed at the Premises by means other than by live
musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record
or audio tape players {but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the
reception and communication at the premises of radio or television ttansmissions which originate outside
the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system
operated by LICENSEE at the Premises.
(iii) "Live Entertainment" means music that is perfonned at the Premises by musicians, singers or
other perfonners.
(iv) "Premise!>" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational
facilities, including, but not limited to, collUilunity centers, parks, swimming pools, and skating rinks owned
or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE.
(v) "ASCAP repertory" means all copyrighted musical compositions Mitten or published by ASCAP
members or members of affiliated foreign performing tights societies, inciuding compositions written or
published during the tenn of this Agreement and of which ASCAP has the right to license non-dramatic
public performances.
(vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the
auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall
include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events,
concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by
LICENSEE on the Premises.
(vii) "Special Events" means musical even~, concerts, shows, pageants, sporting events, festivals,
competitions, and other events oflimited duration presented by UCENSEE for which the "Gross Revenue"
of such Special Evenc exceeds S25,000 (as defined in paragraph 4.(d) below).
(b) This Agreement shall be for an initial term of one year, commencing 04/01/2005, which shall be considered
the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party
may give notice oftennination lo the other no later than thirty (30) days prior to the end of the initial or any renewal
tenn. If such notice is given, the agreement shall terminate on the last day of the tenn in which notice is given.
RECEIVED
JUN 1 0 2005
MUSKEG ON
- -- - - - - -- - - - - --·--· -·------ - - --- . ---- ·-------·---··---- --------- n- --- CITY M.II. N.JI.f~E'R'S OEF IQE~---
Apr 19 05 02:35p Jenn1fer Chadwick 518-271-1178 p.4
2. Limitations On License
(a) This license is not assignable or transferable by operation of law or otherwise. This license docs not
authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions
licensed under lhis agreement, nor does it authorize any public performances at any of the Premises in any manner
except as expressly herein provided.
(b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire,
Interne~ website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the
Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii)
performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing
in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the
ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing,
videoconferencing or similar technology.
(c) This license is limited to non-dramatic perfonnances, and does not authorize any dramatic performances.
For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following:
(i) perfonnance of a "dramatico-musical work" (as hereinafter defined) in its entirety;
(ii) performance of one or more musical compositions from a "dramatico-musical work (as hereinafter
defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
from which the music is taken;
(iii) performance of one or more musical compositions as part of a story or plot, whether acc.ornpanied
or unaccompanied by diaJogue, pantomime, dance, stage action, or visual representation;
(iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined).
The tenn "dramatico-musical work" as used in this Agreement, shall include. but not be limited to, a musical
comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize perfonnances:
(i) at any convention. exposition, trade show, conference, congress, industrial show or similar activity
presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the
auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general
public;
(ii) by or at colleges and universities;
(iii) at any pwfessional sports event or game played on the Premises;
(iv) at any permanently situated theme or amusement park owned or operated by LICENSEE;
(v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player Gukebox) for which a license is othen.vise
available from the Jukebox License Office.
3. License Fee
(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which
includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall be
calculated in accordance with the Rate Schedule attached to and made part of this Agreement. Forpwposes ofthis
Agreement,
(i) "Base License Fee'" means the annual fee due in accordance with Schedule A of the Rate Schedule
and based on LICENSEE's population as established in the most recent published U.S. Census data. It
does not include any fees due for Special Events.
(ii) "Special Events License Fees" mean the amoWlt due in accordance with Schedule B of the Rate
Schedule when Special Events are presented by or on behalf of LICENSEE. lt does not include any Base
License fees due.
(iii) LICENSEES who are legally organized as Slate municipal and/or county leagues or state
associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C
of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the
Rate Schedule. Fees paid by such leagues or associations do not cover perfonnances of the municipality,
county or other local government entity represented by the league or association. Schedule C fees are not
applicable to municipal, county or other local government entities.
(b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due
date, or the maximum amount pennitted by law, whichever is less, on any required payment that it is not made within
thirty days of its due date.
Ap~ 19 05 02:35p Jennifer Chadwick 518-271-1179 p.5
4. Reports and Payments
(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEE's population based on the most recent published U.S. Census data.
The population set fortb in the report shall be used to calculate the Base License Fee under this
Agreement; and (ii) a report containing the information set fortb in paragraph 4.(d) below for all Special
Events that were presented between the effective date of this Agreement and the execution of this
Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that
were presented between the effective date of this Agreement and the execution of lh.is Agreement shall be payable
upon the execution of this Agreement.
(c) Base License Fees for subsequent yean; shall be due and payable within 30 days of the renewal date of
this Agreement and shall be accompanied by a statement confirming whether any SpeA 000%
384 601
• 429 129
722.049
$ 401 000
710.045 '
$
117 629
178.487
29% s
25% $
401 000
710,045 '' 0.00%
000%
706.929
' '
20173 Administration
s
5100
5200
Salaries &. Benefits
Operating Supplies
133,545
1,437 ' 137,406
1,362 ' 149,072
2.000 ' 36,161
80
24% $
4%
149.072
2,000
$ 000%
000%
5300 Contractual Serv~ees 6,012 11,460 16,176 1,469 9% 16,176 000%
5400 Other Expenses 2.703 207 2,000 0% 2,000 000%
5700 Cap~tal Outlays 2,013 500 0% soo 000%
5900 other Financing Uses 0.00%
s , _ _,~9,?~ 000%
145,710
' J5:.0,:4,57 JZ..710 169.746
'
City of Muskegon
2005 First Quarter Budget Reforecast -General Fund
General Fund Expenditure Summary By Function
Actual As %Change
Original Budget Actual Through %of Revised Change From From 2005
Actual2003 Actual2004 . Estimate 2005 March 2005 Revised Estimate 2005 2005 Original Original
20228 Affirmative Action
5100
5200
Salaries & Benefits
Operating Supplies
• 93,074
528
s 67,896
449
• 78,199
3,000 ' 15,941
76
20% $
3%
78,199
3,000
• 0.00%
0.00%
5300 Contractual Services 1,553 2,093 2,999 331 11% 2,999 0.00%
5400 Other Expenses 1,572 376 2,000 ISO 8% 2,000 0.00%
5700 Capital Outlays 977 NIA 0.00%
5900 Other Financin Uses NIA 0.00%
20744 Julia Hackley Internships
• 97 704 $ 70 814 $ 86 198 $ 16 508 19% $ 86,198 $ 0.00%
5100
5200
Salaries & Benefits
Operating Supplies
• 7,837
' 8,931
• 7,636
364 ' 0% '
0%
7.636 $
3S4
000%
0.00%
5300 Contractual Services NIA O.OO"..t.
5400 Other Expenses NIA 0.00%
5700 Capital Outlays NIA 0.00%
5900 Other Financin Uses NIA 0.00%
20215 City Clerk & Elections ' 7.837
• 8,931
' 8,000 s 0% ' 8,000
' 0.00%
5100
5200
Salar.es & Benefits
Operating Supplies ' 237,090
33.167 ' 253,377
21,581 ' 267,558
46,839 ' 51,951
3,554
19% $
8%
267,558 $
45,839
0.00%
0.00%
~
5300 Contractual services 42,598 28,584 25.800 3,832 15% 25,800 0.00%
~ 5400 Other Expenses 5,156 3,437 2,750 SS4 24% 2,750 0.00%
5700 Capital Outtays 1,910 4,510 NIA 0.00%
5900 Other Financin Uses NIA 0.00%
s s
20220 Civil Service ' 319 921
' 311.589 342 947
' 60 001 17% $ 342,947 0.00%
5100
5200
Salaries & Benefits
Operating Supplies
s 176,851
10,642 ' 136.039
7,191
• 137,063
6,850
$ 33,867
44S
25% $
7%
137,063
6,850
• 0.00%
0.00%
5300 Contractual Services 19,767 16,303 18,200 1,455 8% 18,200 O.OO"k
5400 other Expenses 7,534 2,691 5,587 99
5700
5900
Capital Outlays
other Financinq Uses
S50 300 99 '"
33%
NIA
5,587
300
000%
0.00%
0.00%
$ 214794
785.965
•
$
162 874
704.665
$ 168 000
774,893
$ 35 966
150185
21% $
19% $
168 000
774,893
$ 0.00%
$
' ' ' 0.00%
30202 Finance Administration
5100
5200
Salaries & Benefits
Operating Supplies
• 297.906
7,010 ' 316,103
5,266
$ 329,841
5,750
$ 80,050
1,251
24% $ 329,841 $ 0.00%
5300
5400
Contractual Services
Other Expenses
87,221
156
75,827
34
80,200 32,857
6
""
41%
30%
5,750
80,030
20
(170)
20
0.00%
-0.21%
0.00%
5700 Capital Outlays 3,784 IS 110 73% 150 150 0.00%
5900 other Financin Uses NIA 0.00%
114 274 ___
30209 Assessing Services
$ 396 077
' 397 246 $ 415 79_1 $ 27% $ 415,791
' 0.00%
5100
5200
Salaries & Benefrts
Operating Supplies
• 6,199
' 6,254
• 6,361
• '" 8% •
NIA
6,361
' 000%
000%
5300 Contractual Services 394,707 400,641 400,000 1.D14 0% 400,000 0.00%
5.00 Other Expenses 80 100 0% 100 0.00%
5700 Capita! Outlays NIA 0,00%
5900 Other Financing Uses NIA 0.00%
' 400.986
' 406,895
• 406.461
' 1,508 0% $ 406,461
' 0.00%
City of Muskegon
2005 First Quarter Budget Reforecast ·General Fund
General Fund Expenditure 'Summary By Function
ActU<~IAs %Change
Original Budget Actual Through %of Revised Change From From 2005
Actual 2003 Actual2004 Estimate 2005 March 2005 Revised Estimate 2005 2005 Origmal Onginal
30205 Income Tax Administration
58,733 268,851 000%
5100
5200
Salaries & Benefits
Operating Supplies
$ 229,175
20,667
$ 255,417
15,964 ' 268,851
22,005
$
7,495
22% $
34% 22,005 ' 000%
000%
5300
5<00
Contractual Services
other Expenses
C•pit;ll Outlays
46,251
'"
1,437
39,403
1,020
1,293
49,144
400
500
14,343
"
346
""
10%
70%
49,144
400
500
0.00%
0.00%
5700
5900 Other Financ:in Uses NIA 0.00%
s 0 OO",t.
30253 City Treasurer
$ 298,172
' 313,097 $ 340,900 $ 80,959 24% 340.900 $
5100
5200
Salaries & Benefits
Operating Supplies ' 290,796
33,750 ' 279,010
27,759
$ 292,201
32,000 ' 61,035
5,612
21% $
1"'
292,201
32,000 ' 000%
0.00%
5300 Contractual Serv~ees 65,831 67,355 60,000 11,629 19% 60,000 0.00%
5400 Other Expenses 545 950 1,000 206 21% 1,000 0.00%
5700 Capital Outlays 2,652 57 3,000 0% 3,000 000%
5900 Other Financm Uses NIA 0.00%
s 0.00%
30248 lnfonnation Systems Administration ' 393,574
' 375,131
' 388,201 78,482 20% ' 388 201
'
260,209 s 233,611 54,852 23% $ 233,611 s 0.00%
5100
5200
Salaries & Senelits
Operating Supplies ' 1,361 ' 266,338
1,375 5,500 ' 0% 5,500 0.00%
5300 Contractual Services 44,653 45,354 56,300 1,635 3% 56,300 000%
~
5400 Other Expenses 7,619 1,018 15,000 0% 15,000 0.00%
" 5700
5900
Capital Outlays
Other Financin Uses
43,907 22,822 26,000 7,378
"" s
NIA
26,000 0.00%
000%
357 749 336 411 63 865 19% 336 411 s 0.00%
' 1,846 558 '' 336 907
' 1 887 764 '' 339 088 18% s 1 887 764 0.00",1,
$ 1 829 276 $
'
60265 City Hall Maintenance
67,355 64,175 53,339 14,522 27% $ 53,339 0.00%
5100
5200
Salaries & Benefits
Operating Supplies ' 12.925 ' 9,354 ' 9,227 ' 2,144
26,475
23% 9,227 ' 000%
5300
5400
5700
Contractual services
Other Expenses
Capital Outlays
188,186
409
169,642
1,229
5
179,600
6,500
""NIA
0%
179,600
6,500
0.00%
0.00%
0.00%
5900 other Financinq Uses NIA 000%
000%
's 268,875
268 875 '
$
244,405
244 405 '
'
248,666
248 666 '' 43,141
43 141
17% $
17% $
248,666
248 666 '' 000%
80400 Planning, Zoning and Economic Development
s s
5100
5200
Salaries & Benefits
Operating Supplies
$ 424,969
14,518
322,199
7,953 ' 391,623
14,825 ' 75,895
2,182
19%
15%
391,623 $
14,825
000%
0.00%
.
5300 Contractual Services 67,030 66,339 43,000 9,137 21% 43,000 0.00%
Other Expenses 4,278 31%
5400
5700 Capital Outlays 1,891
2,156
1,371
2,000
2,000 "'
2,120 ., 2,000
2,500 500
0.00%
2500%
5900 Other Financin Uses NIA 0.00"~
s 512 686 400,018 453 448 20% s
' 512 686 '' 400,018 $ ' 453 448 '' 89.959
89 959 20% $
453 948
453.948 '' 500
500
011%
011%
Total Business Value Added Activities 20% s 4,075,316 500 0.01%
As a Percent of Total General Fund ' 4,121,014
' 3,900,413
' 4,074,816
' 800,860
'
Expenditures 17.4',1; 16.7% 11.4% 19.4% 11.4',1;
City of Muskegon
2005 First Quarter Budget Reforecast -General Fund
General Fund Expenditure Summary By Function
Actual As %Change
Origine~l
Budget Actue~l Through %ol Revised Change From From 2005
Actual2003 Actual2004 Estimate 2005 March 2005 Revised Estimate 2005 2005 Original Original
II. Fixed Budget Items
30999 Transfers To Other Funds
Major Street Fund $ $ $
., N/A $ $ 000%
Local Street Fund 870,000 620,000 480,000 80,000 17% 480,000 0.00%
Budget Stabilization Fund 0.00%
L.C. Walker Arena Fund (Operating Subsidy) 210,000 200,000 260,000 43,333 "''
17% 260,000 0.00%
Public Improvement Fund (Fire Equipment Reserve) 150,000 150,000 150,000 25,000 17% 150,000 0,00%
State Grants Fund (Grant Matches) 10,856 21,328 NIA 000%
Marina 40,000 NIA 0.00%
Sidew-alk 125,000 NIA 0.00%
MOD State Rehab Loan Fund N/A 0.00%
TIFA Debt Service Fund NIA 0.00%
Tree Re lacement NIA 0.00",(,
~
$ 1 240 856 $ 1,156.328 $ 890.000 s 148,333 17% s 890.000 $ 0.00%
:,.0
30851 General Insurance $ 335,805 $ 349,375 s 0% $
30906 Debt Retirement 217,397
322,233
216,884
' 3,000 2,796 93%
349,375
3,000
$ 0.00%
0.00%
10891 Contingency and Bad Debt Expense 133,760 404,950 450,000 (50,193) ·11% 450,000 0.00%
90000 Major Capital Improvements 285,310 11,373 10,000 6,300 63% 10,000 000%
Total Fixed-Budget Items s 2,213,128 $ 2,111,768 $ 1,702.375 $ 107,236 6% $ 1,702,375 $ 0.00%
As a Percent of Total General Fund
Expenditures 9.3% S.O'k 7.3% 2.6% 7.3%
Total General Fund $ 23,705,334 $ 23,388,019 $ 23,386,070 $ 4,132,667 16% $ 23,391,418
' 5,348 0.02%
Recap: Total General Fund By Expenditure Object
5100 Salaries & Benefits $ 13,805,336 $ 14,102,556 $ 14,707,844 $ 2,944,198 20% $ 14,707,789 $ (55) 0.00%
5200 Operating Supplies 566,173 470,044 532,966 72,491 14% 533,066 100 0.02%
5300 Contractual Services 7,108,531 7,001,472 6,957,090 916,430 13% 6,959,173 2,083 0.03%
5400 Other Expenses 86,383 60,060 96,637 8,730 9% 96,707 70 0.07%
5700 Capital Outlays 660,658 380,675 198,533 39,689 20% 201,683 3,150 159%
5SOO A!l Other Flnancins Uses 1.458.253 1.373 212 893"000 151129 17% 893 000 0.00%
Total General Fund 23,705,334 $ 23,368,019. $ 23,386,070
$
' 4,132,667 18% $ 23,391,418
' 5,348 0.02%
City of Muskegon
2005 First Quarter Budget Reforecast - Non-General Funds
Ao;:tv;riAs %Change
Original Budo~t Aclu;ll Thrcu;tl Revised E~imilte Change Frcm
From 2005
Actva12003 Adual2004
Estimale2005 M¥d'I200S ""
Re-.t$ed
""" :xxl5 Original
Originlll
Comm!!niS
202 Major Streets and State Trunklines Fund
Avzilillble F~.nd Balance· BOY
• 1.622.ces s 1,413.112 $ 708,988 s 966,165
' 966,165 $ 257,177
Means of Fi,_.,cing
s 250.000 s 000%
Special ;ossi!'SSments
Federal grants
' 358.650
1.275.245
$ 296,857
179.854
$ 2SO,OOO
1,462,000
' 1,082.795 (379.205) ·25.94% STPITEOF GRANTS(HACKlEY. SHERMAN, '.\£STERN AVE PROJECTS)
Stille gr.1nts 4.561,233 3,012,583 2,500,000 1.832 2.500,000 0.1))% SHORELINE DRIVE GRANTS
Slate '11:;.-ed reo.-enue 2,499,758 2,760,477 2.&48,312 200.904 2.&48.312 000%
ln!en:>'ltincome 169,533 154,196 25,000 25.001 $0.000 25.000 100.00'%
Opo:nting lfanslf!1'S in 0.00".4
"''"' 439.276
9,303,695 s
301,7-40
7,30$,707 s
'300,000
7,385,312 s
1,099
228.896
""'·""
7,031,107 s
000%
-4.80%
' (35<1,205)
~
60900 Oponltlng Ellp.nditureo:
~
s s
"00 Sat:arie' & Bl!n~ls
' 617.857 723,86S 1,095,613 $
""·"" "" ' 1.095.613 $ 000%
""'
O!)fnlting Supp~es 165,36~
"';"'
230.HS
""·""' ""
62.3-41 209.200
'""'
877.286
'"'"' '""'
5300 Cont~:ll~ces 1,097,375 853,400 20o1.n3 CSX SIGNAL M".INTENANCE RETROATIVE PAYMENTS
"" 000%
5<00
"00
Olh« Expenses
Capital Outlii)'S
5.351 5,795
'·""' '" 1<% 4,000
0.00%
1,172,474 940,60:l 951,256
"" 951.256 000%
5900 other Financing Uses
2,924,2&3 $ s
"" s 23,880 on%
DEBT SERVICE & TRANSFER TO LOCAL STREETS $300,000 IN 2003>tl4
' 2,997,783 3,113,475 $ 490.746
"" ' 3,137.355
90000 i'l"oj.ct Ekpet'ldinns
$ N/A
5200
5300
0p(!r.lijng :&ippties
CO!liRctuill 5ef'vices
' 6,568,395
$
US..,871
$
4,750.000 43,896 1%
$
-t.350,000
$
(-400,000)
0.00%
-6.42% SEE "BUDGETED CAPITAL r.IPROVEMENTS" FOR DETAIL
COJpitaiCMt;~oys 0.00%
"00
6,58e,3.95 $ 4,754,871 4,750,000 $ '13,691!1
"" 4,350,000 s ~400,000) -.!1.42%
9.512,876 $ 7,752,854
's 7,863,475 s 534,642 ,.. '
1%
7,487,3~ -4.78%
'
A....,;tobl• F...,d 8<11.....,•· EOY 1,413.112 $ 966,155 s 230,825 s 680,419 509,917 279.092
' ' $
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
Ori'Oinal Budget Actual Thra>gh
AduaiAs
Revised Estimate Change From
•,;,chang"
Adulll2003 Actual200oll %of From 2005 Comments
Estimate 2005 Marct\2005 2005 20050nginal
Revised Original
203 Local Streets Fund
AYlilllbleF>n:!Salance- BOY
• 9,701
• 145,641 s -438,799 $ 265,129
• 265,129 s (173,670)
Means of Finllncing
Spe<:ial assessments
Fedcr.JI grants
• 240,761
246,000
s 85,557 $ 125,000 $
• 125,000 $
500,000 500,000
0.00%
0.00% MALL PROJECT
Stategr.~nts 1,120,771 13a,OSO 0.00%
Melro~fees 140,000 140,000 0.00%
state shared r~:Nenue 666,649 699,026 669,262 55,631 689,262 0.00%
Interest Income 15,133 24,065 15,000 37 15,000 o.w,;,
Oper.ting tr.msfi!B in 1,370,000 920,000 760,000 80,000 780,000 0.00% GENERAL FUND TRANSFER: $300,000 TRANSFER FROM MAJOR ST.
other
"" 135,116 180,000 180,000 0.1)')%
~ • 3,659,920 $ 2,001,614 $ 1,929,262 $ 135,668
• 2,429,262 s 500,000 25.92%
"" 60900 Opoonoting Expendii0%
3%
' <45:2.272 $
110,000
0.00%
5200 0.00%
5300 Contr.ctual SeNI~ 631.5613 790,509 650,000 150,990 24"k 656,1:20 6.120 0.~% CSX SIGNAL MAINTENANCE RETROATIVE PAYMENTS
5«»
5""
Oth~ Expenses
Capital Outlays
'·"" 1,291 1,000 30 3%
WA
1,000 0.00%
0.00%
64,169 39,4'16 NIA
""" Other Finai')Qolg Uses 0.00%
• 1,313,246 $ 1,603,982 s 1.213,272 $ ·308,33-( 25%
• 1,219,392 $ 6,120 0.50%
ProjiiCI E>tpendii\JfltS
"'""
5200 Oper<~~ng
Con!~al
Suppies
ScMces
• 2,210,734
• :ne.~
• s-45,000
5
50,541
NIA
<%
5
1,410,000
• 465,0::0
O.OO"k
49.21% SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
""' 2,210,734 $ 278,364 $ 945,000 $ 50,541 <%
• 1,410,000 $ 465,0C0 49.21%
3,523,9&1 $ 1,882,326 $ 2,158,272 $ 358,875 1<%
• 2,629,392 21.83%
AYI!Iilllble F..,d Bataoo::o • EOY
• 145,641 s 265,129 s 209,7S9 S 41,922
• 64,999 $ (144,790)
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
AduaiAs %Change
Original Suclgfl A<:h.o~ Through R....Med E.timale Change From
"'clual2003 Acluai20CH
Estim;ote 2005 March 2005
%d 2005 Ongin.al.
From 2005 Comments
Re.,.sed 3005 Onginal
254 L.C. Walker Arena Fund
Awiit-..a Ftlld Balanee- BOY J~cH6 (169,158) 5 38,31<4 227,<172
' S 37.588 $
' 38.31<1 $
Mn..,. of Finlncing
SpeOal assessmoents 000%
St31e gr.ants
' ' ' ' ' ' 000%
Sbte 5ha-ed reve"Jue 0.00%
Charges for services 597,287 711,064 737,600 214,190 737.600 0.00%
lnte,..,~ income 1.331 1,<193 500 500 000%
O!>cuting trans1e~ in- Gen.,.l Fund 270.000 200,000 260,000 <13,333 260,000 0.00%
Optnting tranders in· TJFA Fund
Oponting t...,nsf....., in Insurance Fund
60,000 56,000
251,663
"'·""' "'·""" 0.00%
000%
"'"" '·""'
931J:l&4
6,103
'·""'
1,059,100 s
1,201
25B,724
1.000
1,059,100 5
OJXI%
000%
~
f) ' $ 1,226,323 $
'
70805 0poo,..;ng E_.,..urr...
s
-
Salllries& Beneftts 12,394 5 11.892 5 13,76<1 WA (13.764) -100 00%
"00
5300 Oper;oting Supp~es
' WA
' ' 000%
"00 Conlr.Jclual Sero.ices 916,178 965.410 1,010.000 298.905 1.010,000 000%
5<00 O!her &pen~ WA 0.00'%
"00 Capital OJrtays WA 0.00%
other Finaoci'>g Uses WA 000%
""" 9:!6,572 s 9n.302 s 1,023,7S. s 298,905 1,010.000 (13.784)
' "'%
' $ ·1.3-<1%
90000 Project Expenditures
5300 Open.bl'lg Suwlies WA
"00 Cont!xluai S.Nices
' ' 2<13,295
' ' NIA
' ' 0_00%
0.00%
248,295 s
1,225,597 s 1,023,764
• 298,905
NIA
' ' 0.00%
92B.572 $ $
""' ' 1,010.000 ·1.~".4
Awilml• Fund Balanc•- EOY 37.5&8 $ (153.822) $ (1.867} 87,414 s 241,236
' 36.314 $
'
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
Adual As %Change
Origin<~! Budget Actual Thr0t1gh Re'Yised Estimille Change from
Adual2003 AduaJ2004
March 2005
%cl 2005 Original
From 2005 Comments
Estimate 2005 Re..,;sed
2005 o,; 9 nat
403 Sidewalk lmr:>rovement Fund
Awilable F..,d Balano:o- BOY $ (55,002) $ 1,032,893 $ 915,395 s 1,0:24,303 $ 1,024,303 $ 107.008
Means of Fii'I.iees 1,013 WA 0.00%
""'
S700
Olh!Y Expenses
Capital OUtlays
N% $ <108,333 s 0.00%
90000 Project Expenditures
Operabng SUpp~es $ $ • $ $ Ntnbutions 303,011 0.1))%
s;~~es of Property "i7.939 200,+42 150,000 15,775 150,000 0.00% Sf:AWAY INDUSTRIAL AND OTHER L.ANO SALES
lntetl!'SI: ln<::OIIll! 16,347 10,499 6,000 3,744 6,000 0.00%
GENERAL FUND TRANSFER· FIRE EQUIPMENT RESERVE ($150,000)·,
Openling tr;onsfei"S in 150,000 1,0&1,000 150,000 25,000 250,000 100,CXXJ 66.67%
FROM OM FOR ULA REPA'YMENT ($100,000)
200.000 000%
"'""' 75,454
680,340 $
44.012
1,697,964 s 306,000 s 44,519 s 606.000 s """""
300,((() 98.04%
POSSIBLE LEASE PORTION OF FIRETRUCKS
~
D 30936 Op&raing ExpendlurltS
"00 Sal~ries & eenelits s s s s s s 0.00%
"00 Opll!l'il~ng &Jpp~es
""
WA 0.00%
COI"II!'llctwol SeNices S,OOO 0% 5,000 0.00%
""'
Sle FU'Id Balance· EOY 1,519 s 1,607 s 1,519 $ (67,022) $ 1,607 $
' "
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
Actual2003 Act..W2004
Original SudO• • BOY 16,171 s s
' (183,5&1) $ (:20.982) $ (24,263)
' (:24.263) {40,434)
Me- of Fin.,.,;rog
a~ents s s
Special
Stale grants
' :256,612 11,336
' 1,000,000
' 1,000,000
' 0.00%
000%
Stille 5hared ~" 0.00%
Ct\ilrpe$ for !ioi'!I'Vic:es 263,880 256,297 265.000 80.916 JOOOOO 15,000 5.26%
Interest income 0.00%
Oper.Jiirtg tr:ansfel"$ in
10,378
"'·""'
10,684 1.000,000 1,000,000
000%
0.00".4 POSSIBLE BOND FOR LOC"l MA.TCH
"""" 530.870 $ 318,369 s 2.285,000 s 80,916 2.300.000 $ 15,000 0.66%
'
70756 Oper•tng EllpWidjlurr.o
)
) S..laries&&!nellts 113,876 s 120,467 s 119,852 s 8,860 125.417 s 5,060 4.64% "Ktet~ded
"',% '
PfT Clerie:al position due tom3ll!lf'nlty leOIM!
"00
Opera~ng
' 12,625 000%
""'
5>00
S...ppijes
Contr3d!J:aol SeNices
20,491
130,577
15,196
1-48,288
12.625
129,al0 "'
17,411 129,200 0.00%
"'' 0.00%
""' Oth..- Expenses
Capit;!Outl3~
'"
1,611
" WA
0.00%
"OO
5900 O!her Finane'ng Uses
"' WA
WA 0.00%
Other C:osn 1.,lse$ (e.g_ Debl Principal) (21,576) 8.011 WA 0.00%
s 244.2(9 s 293,933 s 261,677 s 26,440 ,0% s 257,242 s 5,565 213%
Proj-=1 Exp..-aditurn
"'"" Opa;o6ng Supp~~ s
'""
5>00 Contnoctu:r! SeNia:s
' 12~.083
' 27,717
' ' WA
' 0.00%
000% SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700 Caplim:;ate2005 Mari:h 2005
""
Re\llsed"
2005 2005 Ongiflal
From 2005
Original
642 Public Service Building Fund
Availabl• C5ti Selance. BOY $ (75.628) t 12<11.264 $ 32,554 s 80,971 $ 80,971 s 48:411
MHns: of Fin.,c:ing
Spse,. (18,515)
··= ~ ~ ~
70,000
000%
SEE ~BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
""'
0900
capitorOutlolys
Other FlNncF.g U51!!s
32,813 124,476 70,000
'" 0%
N"
0.00%
0.00%
O!her Cash Uses and Adjustmeflts (e.!l.
(68,171) (7,006) N" 0.00%
Debt Pnncip3IJ
$ ~13,2!0 s 614,333 s 575,101
' 83,947
"" • 575.101 $ 000%
90000 Project Ezp.ncliiUI'U
SuPJI~e$ $ NIA $ 000%
''"'
"00
Opcnting
Contractu& &:Noes
$
' $
NIA
' 0.00%
"00 C3pil31 Out~ys NIA 000%
WA 000%
~13.2!0 s 61~.333 s 575,101 s 83,947 >5%
'
$ 575.101
' 0.00%
A,...,;UIIl>le Cash Balance • EOY $ 124,264 s 80,971 s 27,325 s
""' • 75.742 s ~.417
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
Ad~~As· Revised Estimate %Change
Ooigir~al Bud!<"'! Actual Through Change Frcwn
Adual2003 Adual:2004 Fran 2005 Comments
Estimate 2005 M;vd\2005 Re-.\sed 2005 2005 anginal
Original
643 Engineering Services Fund
Awilllble Cash Balance· BOY
• 101,200 s 86,869 s 16,826 $ 7~.410
• 74,410 s 57,58<4
Means of Finllflcing
Special assessments
State grants
• • • • • • 0.00%
000%
State shared r....,.,.,ue 0.00%
Chilrges for services 516,169 487,233 565.000 115,040 565,000 0.00% INTERDEPARTMENTAl CHARGES
lllle~st income 1,786 1,018 1.500 0.00%
Oper;rting transrem ;n
1.500
'" 0.00%
other
'·""
524,265 $
25,332
513,583 $
50,000
616.500 s 115,351 $
50,000
616,500 s
0.00%
0.00%
&1447 O~rlllling Experu::lit..-III'S
"" ""' Salaries & lnnelits
• 362,839 s 361,330 s 459,364 $ 81,886 18%
• 459.3&4 $ 0.00%
Operating Supplies 16,514 16,758 22,095 7,123 32% 22,095 0.00%
""' Cootractual SeMa!S 1-49,159 133,938 139.244 19,499 H% 139,244 0.00%
""'
""' Oth.,.. E> 5,542 WA 0.00%
$ 538,596 $ 526,042 $ 633,203 $ 116.512 "% • 633.203 $ 0.00%
Project Ellpendirures
"'"''
""' Operating SUppies
Contr.octual SeNoes
• • • • WA
• • 0.00%
""' WA 0.00%
""' C3pi!al Outt:ays
•s
N'A
N 2005
Re.,.;,..,d
""' 200S Original
Original
677 General insurance Fund
Awililble Clt5h Balance· BOY $ so2,sn s 1,050,093 $ 65-4.597 ~.597 s
' 8&4,953
' 09$,496)
MNn$ of Finwocing
~ssessments
Special
Stategr;o.nts
' ' ' ' ' ' 0.00%
000%
SI;Re shared re:Ye'IUe 0.00%
Charges fa sef\liees 2.4'19,390 2,565,881 2,792,318 636,591 2.792,318 CJ.OO% INTERDEPARTMENTAL CHARGES
!ntere9; inc:ome 11,560 9,240 12,000 2.647 12,000 000%
Repayment of ODA Adv;once 41.933 41,933
Opor.~ting lr.lnsfeo; In 1,179,938 1,240,95EI 1,300.000 1.350.000 50,000 3119.42% TRANSFER FROM PENSION fUNDS FOR RETIREE HEALTH COSTS
"~' 127,635 137.914
3,953,994 s
"·""'
4,171,251 639,238
75,000
"'·""
4,24f.i.25t
-94 23%
16985 00%
3.768,523 $ $
' 4,271,251
'
~ti· Operlllling ExpDn.oices
' ' ' ' N 60559 openlling E:cpenditurc•s M<>intornroce. Cily
849.8ii8i ~ 1.659:i33 61,638
"' t:sss:;33 0.00%
5100
S200
Salaries & 8eflefits
Operabng SJpplies
S 993.n.t
2'16,145
875,621
159,1<40
889,296
121,360
153,576
21,980
"%
"%
869.296
121.360
·46.<40%
0.00%
Conti2Ctuat SeMces 43ti,252 349,616 446,637 55,646 "% '146,637 0.00%
""'
""' other Expenses 9,788
,,.
(5,<450) 33,280
'" 3% 33,280 -96.:26%
"00
5900
Capital Outlays
Other Financing uses
8.628 ,,000
"' '"" NIA
9.900 -91.64%
-100.00%
1,694,537 s 1.379,581 1,500,'173 232,783 1'6% 1,500,'173 $ «05'63%
6066(1 Opel'llling E:cpenditurK Mainlenence- Township
5100 Salaries & Benefits S 117,799 62,056 18,290 NIA ·100.00"-'>
5200 Op.,..tin; SJpp~es 5,'194 1,035 3,778 N'A 0.00•,(,
5300 Contractual Seflliees 111,495 51,791 NIA 0.00%
5<00 Other E>cpensleCash Balance- EOY 543.066 $ 39,310
City of Muskegon
2005 First Quarter Budget Reforecast -Non-General Funds
AduaiAs Fran %Chartge
Origirn~l Budget Aclu.ai Throogh Revised Es!imale Ch¥~ge
Adu:al2003 Adu'ments
E:s~~mate2005 M~200$ 2005 Onglflal
Re"sell
""" Origin;;~!
590 Sewer Fund
Awill!lbl• Cash Bill"""• • BOY
• 1,231,951 $ 1.046,32!1 $ . . 1,397,15<4
• 1,397,15<1 $ 1,397,154
M•- of Fin.,cing
Special assessments
Fed~al ~nts
• • ' <450,000
' ' <\50,000
' 000%
0.00%
st::ote ~To~nts 100,000 )00,000 0.00% SHORELINE DRIVE
State sh;wed fi!'Verme 0.00%
Ch:orges for ...,..,.;.,es ...ooa.nJ '1,032,673 4,$94,500 <\,594,500 92100%
Interest income 19,739 12,821 20,000 20,000 -80.00%
'11,933 41,93l
Opoer.atiog ~nsfers in 47,7!36 0.00%
O"N 48,1171 196,450 80,000 80,000 -98.26%
4,077.483 s '1.291,7~ s s 5,286,433 s 26332.17%
5,286,'133
'
305411 0,..,.11'10 Elq)..-.dilures A% $ 828,846 s o.oo%
60559 Opani!lng Eqo.-!cilur""' Malnc.-..-.c•
"00 S:rl;ui~ & ~rills $ 609,560 s 689.690 $ 889.296 s 152.885 "% 789.286 t (100,010) n.s1%
'
5200
""'
"00
Oper:r~ng
C~;IISe-ro.;OI!S
Other Expenses
Stipplill!'5 44.036
1.588,136
2,248
42,978
1,8&1.048
1,569
60,798
2,000,1Xl0
4,421
276,2~6 .
,."'
60.798
1.958.840 (41,160)
-92.66%
0.00%
"''"' ' ~
'"" 000%
"00 C:rpit:IIOullays
'·"" 4,005
'·""' "" "' '·""' -99.21%
""' Olher fi""'ncinll Uses
$ 2,253,616 s 2.599,278 s 2.959,S94 s 433.706
N"
>5% $ 2,818,424 t (141.170)
-10000%
4D.92%
90000 Proj.et Expandiruru
,.. '
5200 Op~nting Sopp~es $ $
!000 Cortr.lctual Ser.;ces 1,106,572 511,938
' 970,000
$
13,137
NIA
1,120,000
$
150,00'J
0.00%
-62.16% SEE "BUDGETED CAPITAL IMPROVEMENTS' FOR DETAIL
5700 Capital Oullilys NIA 0.00%
1,108,572 s 511,938 $ 970.000 s 13,137 1% $ 1,120,000 $ 150.00l 0.00%
4,263,106 s 3,940,914 s 4,758,440 s •69,443
""' $ 4,7e7,270 0.00%
Avtlilabl• C..,.h Balane•· EOY $ 1,046,328 1,397,154 s 527,993 $ 927,711 1,916,317
$
'
1Clty of Muskegon
1
2006 First Quarter Budget Reforecast ·Major Capital Projects
lstOuartu 2ndO.uarttr
Rosponsibll!ty 011g1nar Budget Budget Budge! COmiill'ntS
Rei'Oitcii:SI Relortcll$1
2005 PROJECTS
101 General Fund
8Nbokor-Ciorlco $ 10,000 s 10,000
202 Major Streets
''"" Clo:y, Tomo,500,000
Roorr &Morlcol) AJ.Shotel 500,000 f't!UI I (W..tom Avo)
94017 Fronldin, Laketon lo ~olond (1100') AJ.Shatel 150,000 150.000
9-WOB Witten, £mw&ld toMurplly with H0ME{16Cla) AJ.Shatol 180,000 ~
~"'"'
1,410,000
403 Sidewalks
9~9 200S Sidowolk Roplo0111
95.000
60.000
95.000
60.000
....
"'"
...,,
llllolld, Fo!ll
130,000
10,000
130.000
15,000
"""
91635
Cll'f, hmoe•toSpnng(1000}
MIJ O.vol~nt{W.sjom, So.<>S OP'NE\l .
-4 o ~ ""' ~ru\<~:>ws \C
BUYER: MIJU CORPORATION
EIN: ----------------------------
PREPARED BY:
John C. Schrier (P36702)
PARMENTER O'TOOLE
175 W. Apple Avenue
Muskegon, Michigan 49440
Phone: (231) 722-1621
0:\Pianning\COMMON\Property\Buildable lot Sales\sportfisherman purchase agreement. DOC
EXHIBIT A
LEGAL DESCRIPTION
LOTS 4 AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
0:\P!anning\COMMON\Property\PropertySa!es\Sportfisherman\sportfisherman purchase agreement.DOC
BUYERS ACCEPT PROPERTY "AS IS"
Date: June 01, 2005
Property: 625 ottawa St.
Muskegon, MI 49442
Commitment No.: MUS438585
We, the undersigned, being the buyers of the above captioned property, understand and
acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
or the condition thereof.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage relative thereto.
The foregoing ngreement is hereby accepted and approved on June 01, 2005.
MIJU, Inc.
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MIJU CORPORATION of2597 Memorial Drive, Muskegon, Michigan 49445
the following described prem.ises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
SEE ATTACHED EXHIBIT A
for the sum of: Fifty Two Thousand Three Hundred Thirty-Four and 66/100 dollars ($52,334.66)
l?ROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.
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 this (y(_> day of--'/c_('-'("'l'-'L+j----' 2005.
Signed in the presence of:
c::iuru0J
L,>1 t(q/o
.Adu /I-f'/'
'71" Ll<~~~l(
-~~ !\ T) T\ ~f'vl::'lli» '>~ ;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on I1Jav
o212_, 2005 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk,ill]feCtively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
~- ;£;1/1~-:;otary
Ac~in the County of 7?ZuJ/(eg.on
Public
PREPARED BY: John C. Schrier 1/ I us~¥,",., Cofi'nty, Michigan
Pam1enter OToole MyComm. E pires: ?-o?0 -ot,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
EXHIBIT A
LEGAL DESCRIPTION
LOTS 4 AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN A VENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
SURVEY WAIVER
Date: June 01, 2005
Property:625 ottawa St.
Muskegon, MI 49442
Commitment Na.: MUS438585
We, the undersign~d, herein acknowledge that we have been strongly advised to obtain a
land survey showing the dimensions of the property and the location of all buildings situated
thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
complete the transnction without the recommended survey.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
pertaining to survey matters, including but not limited to size of lot or land, location of boundary
lines, locations of buildings and encroachments of any kind.
MIJU, Inc.
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, Ml 49444
Escrow Officer: Amy Fett Title No.: MUS438585
Date: 06/01/2005
SELLER'S SETTLEMENT STATEMENT
Seller(s): City of Muskegon, a municipal Buyer(s): MIJU, Inc., a Michigan Corporation
corporation
Property: 625 Ottawa St.
Muskegon, MI 49442
Revised, Blk 170, Lots 3-5
DEBIT CREDIT
Contract Sales Price $52,334.66
Commission Paid at Settlement $0.00
to
to
Settlement or closing fee to LandAmerica Transnation $125.00
Title insurance to LandAmerica Transnation $316.00
***** Sub Total $441.00 $52,334.66
Balance Due To Seller $51,893.66
Total $52,334.66 $52,334.66
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
Broker:
City of Muskegon, a Municipal Corporation
BY c\c~ "Cf\ytt\j o~~ ,Q By:
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Amy Fett Title No.: MUS438585
Date: 06/01/2005
PURCHASER'S SETTLEMENT STATEMENT
Buyer(s): MIJU, Inc., a Michigan Corporation Seller(s): City of Muskegon, a municipal corporation
Property: 625 ottawa St.
Muskegon, MI 49442
Revised, Blk 170, Lots 3-5
DEBIT CREDIT
Contract Sales Price $52,334.66
Settlement or closing fee to LandAmerica $125.00
Transnation
Recording Deed: Mortgage: Releases: $17.00
Fees $17.00
***** Sub Total $52,476.66 $0.00
Balance Due From Borrower $52,476.66
Total $52,476.66 $52,476.66
The above figures do not include sales or use taxes on personal property.
ACCEPTED AND APPROVED
Broker:
MJJU, Inc.
By:
CONTINGENCY REMOVAL
Date: June 01, 2005
Property: 625 Ottawa St.
Muskegon, MI 49442
Seller(s): City of Muskegon, a municipal corporation
Buyer(s): MIJU, Inc., a Michigan Corporation
Commitment No.: MUS438585
In reference to the sales agreement dated 5/10/2005 between the Buyer(s) and Seller(s)
herein identified, and all subsequent addendums to that agreement for the property stated above,
it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
been met, resolved or removed to the satisfaction of all parties concerned.
Further, the undersigned agree to indemnify, save and hold harmless and and
Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
relative thereto.
MIJU, Inc.
AFFIDAVIT BY OWNER/SELLER/BORROWER
The undersigned is the owner/seller/borrower or is an authorized representative of the owner/seller/borrower
who personally knows the facts relative to the matters attested herein. The undersigned, if an authorized
representative of the owner/seller/borrower, attests that he/she is empowered by the owner/seller/borrower
to bind the owner/seller/borrower to the representations and undertakings made herein. The undersigned
being first duly sworn on oath, deposes, states and warrants as follows:
1. That Affiant is the owner of the real estate referred to in Transnation Title Insurance Company
Commitment No. MUS438585 above-referenced.
2. The Affiant is/are 18 years of age or older and is/are: 0 married 0 single 0 divorced 0 widowed.
There has been no change in marital status since the Affiant first obtained title to the Land.
3. The Affiant is in sole possession of said property, and there are no unrecorded deeds, mortgages,
leases, easements, land contracts for sale, purchase agreements or options except:
None
4. The Affiant has not negotiated to convey or assign any water, mineral or oil rights relative to said
property.
5. The Affiant's has no knowledge of any covenants, conditions or restrictions of record affecting the
Property, other than what is recorded, or unrecorded easements or claims of easements affecting said
property.
6. That the Affiant is not aware of any boundary line disputes with any abutting property owners as to
the location of property lines, nor is the owner/seller/borrower aware of any encroachments of their
improvements onto the lands of any adjoining property owners or onto any easements. Likewise, the
owner/seller/borrower is not aware of any improvements of adjoining owners encroaching onto said
land.
7. That no work has been performed or materials delivered to said property for a period of (120) days
prior to the date of this affidavit, and if any work has been performed or materials delivered during
said 120 day period, proper sworn statements and waiver of liens showing payment or release of
lien rights have been obtained and submitted to Transnation Title Insurance Company for its
approval.
8. That the Affiant is not aware of any improvements made, or to be made, to said land, including, but
not limited to, sidewalk, curb or street repairs or replacements, weed cutting, debris removal etc.,
that would result in an assessment or bill to the premises, except as addressed in the purchase
agreement.
9. There are no other mortgages, equity loans, revolving credit loans, bridge loans, remodeling loans,
judgment liens or tax liens affecting said property, except as set forth in the above-referenced title
commitment.
10. There are no proceedings in bankruptcy or receivership by or against the owner/seller/borrower,
which are now pending, nor have the owners made any assignment for the benefit of creditors.
File No: MUS438585
In the event that any of the representations made herein prove to be incorrect, for any reason, and a claim Is
made by third party with respect to these matters, Affiant agrees to indemnify and hold harmless
Transnation Title Insurance Company from all claims and damages, including litigation costs and attorney
fees arising as the result of such claim.
AFFIANT:
City of Muskegon
~~~- ~1li to~
By H~h \1\<\tl\e\\
STATE OF MICHIGAN
COUNTY OF Muskegon
The foregoing was sworn to and subscribed in my presence on June 01, 2005.
L(VlJiun:at.fll
PnntName:
(JjiJL~
~
Notary Public Muskegon County, Michigan
Acting in County
My commission expires: _ _ _ _ _ __
MELINDA K. PRAUSE
Notary Public, Muskegon County, Michigan
1\cttng In Muskegon County
My commission E~"lres 05/08/07
Page 2 of2
Date: June 01 2005
Commitment No.: MUS438585
Property Address: 625 Ottawa St., Muskegon, Michigan 49442
The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
required by Public Act 237 of 1994. ·
ICY'The undersigned do not request that Transnation Title Insurance Company file the form on their
~half.
D The undersigned have fully and properly completed the form and request that Transnation Title
Insurance Company file the form with the appropriate local tax collecting' unit. The undersigned
, acknowledges and agrees that the Company will mail the form by first class mail, and that the
Company shall not be liable in the event that any of the information provided on said form is
inaccurate or incomplete, or in the event that said form is not rec!'!ived or properly processed by the
local tax collecting unit.
Sellers:
C_\~ ~)Pfr- '-\\1 ctU\_&Y
Transnation Title Insurance Company
570 Seminole Rd Ste 102, ~luskegon, MI 49444
Plwne: 231-737-9111 Fax: 231-737-7304
Jul 21 20 06 14:20 P. 02 J..ooS'- yS' (a..)
..r-;o -o.J
WMS0983
~~ LandAmerica·
_. Transnation
COMMITMENT FOR TITLE INSURANCE
Schedule A
Ref: 635 Ottawa Street
1. Effective Date: May 02, 2006 at 8:00am Commitment No.: WMS0983
2. Policy or Policies to be issued:
ALTA Owner's Policy- 10/17/9 2
Proposed Insured: Muskegon County Boa rd of Public Works
Amount: $63,000.00
3. The estate or interest in the land described or referred to In this Commitment
and covered herein is Fee Simple and is, at the effective date hereof, vested In:
MIJU Corporation
4. The land referred to in this Commitment is located in the City of Muskegon,
County of Muskegon, State of Michigan, and is described as follows:
SEE ATTACHED EXHIBIT "A"
Page 1 of 4
Sch.A- Commitment for Title Insurance
Jul 21 2006 14:20 P. 03
WMS0983
Exhibit "A"
All that part of the following described parcel lying Southerly of re-aligned Ottawa Street;
Lots 4 and 5 of Block 170 of the Revised Plat of 1903, City of Muskegon, Muskegon County,
Michigan, and part of Lot 3, Block 170 of the Revised Plat of 1903, City of Muskegon,
Muskegon County, Michigan, described as follows: Commencing at the most Southerly corner
of Lot 3; thence Northeasterly along the Westerly line of Ottawa Street 44 feet; thence
Northwesterly to a point on the Easterly line of Western Avenue 38 feet Northerly of the
Northerly of the most Westerly corner of Lot 3; thence Southwesterly 38 feet to the most
Westerly corner of Lot 3; thence Southeasterly to beginning, except any part of the re-aligned
Ottawa Street and Shoreline Drive.
Poge 2 of 4
Sch.A- Commitment for Title Insurance
Jul 21 2006 14:20 P.04
WM$0983
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -SECTION I
REQUIREMENTS
The following are the requirements to be complied with:
1. Standard requirements set forth in jacket.
2. Instruments necessary to create the estate or interest to be insured must be properly
executed, delivered and duly filed for record.
3. Submit evidence, satisfactory to the Company, that MIJU Corporation is a legal
entity.
4. Submit a copy of the Resolution of the Board of Directors of MIJU Corporation
authorizing the sale of the subject property to Muskegon County Board of Public
Works and directing the proper officers to execute the proposed conveyance on
behalf of the corporation.
5. Warranty Deed from MIJU Corporation to Muskegon County Board of Public Works.
6. Termination or subordination to the satisfaction of the Company of the interest of
City of Muskegon who appears to have an interest in said property by reason of Quit
Claim Deed recorded in Liber 3654, Page 154 which contains a right of reverter.
NOTE: 2005 Summer taxes are exempt.
NOTE: 2005 Winter taxes are exempt.
2005 Taxable Value $0.00.
2005 State Equalized Value $0.00.
Permanent Property No. 61-24-205-170-0004-00.
Homestead Status 0%.
NOTE: Check with the City of Muskegon at 724-6720 for current and/or delinquent
water usage prior to close for payoff amounts.
NOTE: In the event that the Commitment Jacket is not attached hereto, all of the
terms conditions and provisions contained in said Jacket are incorporated herein.
The C~mmitment Jacket is available for inspection at any Company office.
Page 3 of 4
Sch.B I -Commitment for Title Insurance
Jul 21 2006 14:21 P. 05
WMS0983
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B- SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exception to the
following unless the same are disposed of to the satisfaction of the Company.
1. Standard exceptions set forth in jacket.
2. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires for value of record the estate or
interest or mortgage thereon covered by this commitment.
3. Taxes and assessments that become a lien against the property after date of
closing. The Company assumes no liability for tax increases occasioned by
retroactive revaluation, changes in the land usage or loss of any homestead
exemption status for the insured premises.
4. Easement to General Telephone Company recorded in Uber 778, Page 838.
5. Terms, conditions and provisions which are recited in Affidavit recorded in Liber
3227, Page 529.
BR/ewl
Page 4 of 4
Sch.B II- Commitment for Title Insurance
Jul 21 2006 14:21 P. 06
111111~1111111111111111111111111111
5154543
1111111
L-3654 P-154
06/06J2G0s 11 :a7A
Page: 1 of 2
QUIT-CLAIM DEED
·KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal CO!JlOration, of
933 Terrace Stree~ Muskegon, Michigan 49440,
QUIT CLAIMS to MIJU CORPORATION of2597 Memorial Drive, Muskegon, Michigan 49445
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
SEE ATTACHED EXHIBIT A
for the sum of: Fifty Two Thousand Three Hundred Thirty-Four and 66/100 dollars ($52,334.66)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any 1ien covers both parcels or there are not Jiens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.
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 this~ day of-'--H'-""o."'j\----' 2005.
Signed in the presence of:
~
£.,'ntfq
tUtu
/o'rr-.-r
~LKI4-.~~I(
-lo l\r. 1\ 1-<.r-vk''>l!.> ~~;
STATE OF MICffiGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ;1,1.:u: o?O , 2005 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, mp'€Ctively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
d~_,.#/l ,)., &lu
-rz;rs. &'tt-f' r- , Notaxy Public
Act~in the County of musK"'""'"
PREPARED BY: John C. Schrier ;'/ &.s /(">~'• n co!futy, Michigan
Pannenter o~Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml49443·0786
j My Comm. E~pires: __t._-_,.,ol"'S:'--_,0"'(,"----
Telephone: 23ln22-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Jul 21 2006 14:21 P. 07
EXHIBIT A
LEGAL DESCRIPTION
LOTS 4AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
5154543
L~3654 P-154
06196/2005 11:37A
Page; 2 of 2
Date: May 1o, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Amendment to Non-Union Rx Benefit
SUMMARY OF REQUEST: Most active city employees elect healthcare coverage through
the Priority Health HMO program. However, a small number (7) still have coverage through the city's
"self-insured" plan. With rising healthcare costs, staff has periodically recommended changes in the Rx
co-pay for the HMO plan. Due to an oversight, the Rx co-pay for non-union members of the self-
insured plan was not adjusted at the start of the year when other benefit changes were made. At this
time, it is recommended that the Rx co-pay be increased from $2 generic/$5 brand-name to $20
generic/$40 brand-name. This change will directiy impact one non-union employee currentiy enrolled
in the self-insured plan and will indirectiy impact a second clerical-union employee wihose contract tie-
bars their co-pay to the non-union level. The $20/$40 co-pay is consistent with co-pays in place or
being negotiated with other employee groups. Making this change now gives affected employees the
chance to consider options during the city's open enrollment period.
FINANCIAL IMPACT: Greater sharing of Rx costs between city and affected employees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the proposed amendment to the City's Non-
Union Salary Rx co-pay.
COMMITTEE RECOMMENDATION: None.
9/18/97 1
Commission Meeting Date: May 10, 2005
Date: May3, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Extension 2004 - 2005 Bethany Housing
Community Housing Development Organization
(CHDO) Agreement
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign
the 2004-2005-extension agreement for the CHDO Bethany Housing for
Fifty Five Thousand Dollars. The funding will be used to rehabilitate the
Bethany owned transitional house at 380-382 Houston.
After the Mayor and Clerk sign the extension contract the CNS office will
retain one copy for our files and a copy will be supplied to the Clerks
office and one to Bethany Housing.
If the project is not completed by December 31, 2005 the City of
Muskegon will recapture the funding.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005
HOME programs.
BUDGET ACTION REQUIRED: The Commission previously approved
the funding
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign the
extension agreements.
CHDO AGREEMENT- 2003 - 2004
Extension
This CHDO AGREEMENT, made this IO'h day of May, 2005, by and between the City of
Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") and Muskegon
Bethany Housing Ministries whose offices are located at 1105 Terrace Street, (hereinafter
"CHDO"),
WITNESSETH:
WHEREAS, CHDO will rece1ve Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of $55,000, to be used for the
following:
Rehabilitation of Transitional Housing owned by BHM
WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;
NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:
I. GENERAL CONDITIONS
1. Services to be delivered are eligible activities as defined in Section 92.205
and 92.206 of HOME Administrative Regulations (CPR 92)
2. The CHDO certifies that the service is either:
a. a new serviCe or
b. a quantifiable increase in the level of a service above the level which
has been provided by or in behalf of the applicant from local revenue
sources or State funds received by the applicant in the twelve (12)
calendar months prior to submission of the proposal, or
c. a continuation of a service that would otherwise be decreased due
to events beyond the control of the CHDO.
3. The CHDO is incorporated as a non-profit organization in good standing
under Michigan Law.
4. The CHDO warrants that a current copy of its chmier (if applicable),
Articles oflncorporation and By-Laws are on file with the department of
Community and Neighborhood Services. The CHDO shall also keep a
current list of its board members, its officers and their addresses on file
with the Community and Neighborhood Services department.
I
5. By resolution, the CHDO's Board of Directors shall certify to the City a
responsible contact person, who shall be considered their representative in
all matters relating to this Agreement for communication and
administrative purposes.
Until further written notice from the CHDO, said contact person shall be:
John Jack, Executive Director
II. PERSONNEL
1. The CHDO shall maintain direct control of all personnel employed by it and to
provide the necessary training and supervision of its employees in carrying out
contracted programs. However, implementation of the "project" must meet the
requirement and approval of Community and Neighborhood Services.
2. In all work made possible by or resulting from this agreement, affirmative action
will be taken to insure that low income persons, particularly minorities and
women, are given maximum opportunity for training and employment; and that
minority business concerns located in the area, to the greatest extent feasible, are
awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).
3. Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
opportunity. Copies are available at the Community Development Office.
4. The CHDO (including its membership body, Board of Directors, committees, and
paid and other volunteer staff) agrees that it will comply with City policies and
procedures concerning equal opportunity, affirmative action, and non-
discrimination in employment practices because of age, religion, race, color,
national origin, sex, education association, marital status or physical limitation.
III. SCOPE OF SERVICES
The CHDO shall provide the services specified in Attachment "A", Scope of Services, in
exchange for financial compensation detailed in Attachment "B".
2
IV. COMPENSATION AND METHOD OF PAYMENT
1. The maximum amount which the CHDO may receive pursuant to this Agreement
is$ 55,000.
2. The CHDO warrants that its Board of Directors has approved a budget request to
provide services detailed in this Agreement (attachment "B"). The budget total of
$ 55,000, shall remain unchanged during the year unless amended as permitted in
this Agreement. The CHDO may not, without City Commission approval, make
transfer between categories not exceeding 10% of the overall budget total, or
$2,000.00, or whichever is greater.
3. Upon approval of CHDO's request for payment, the CHDO shall be reimbursed
for expenses within a maximum of twenty (20 days.)
4. To receive payments, the CHDO must complete and submit the following:
a. Request for Payment
b. Detailed Invoice for Actual Expenditures
c. Quarterly Performance Reports
5. All program income, received by the CHDO, (if any) shall be disbursed by the
CHDO prior to request for payments from the Recipient. Program income
resulting from the project will be handled in accordance with the requirements of
24 CPR 570.503 applicable to CDBG Recipients and 24 CPR 92.503 for HOME
CHDO's. All program income derived from the HOME activities by CHDO must
be reinvested to the recipient (City) to the HOME Investment Trust Fund.
6. If at the end of the tetm of this Agreement there are unexpended portions of the
contract amount set forth in this Agreement, the City may recapture said amount
for reallocation to other purposes.
7. If CHDO fails to comply with terms specified in this Agreement or refused to
accept and meet conditions imposed by the Department of Housing and Urban
Development (HUD), the Recipient may immediately terminate payments to the
CHDO and recover any funds it has advanced. In the event of the inability of
CHDO to perfom1 or complete the project, or termination of the Agreement by the
City Commission, Recipient will pay only invoices for work performed or
satisfactorily completed.
8. The Recipient shall not be held liable for expenditures or obligations incurred in
excess of the authorized total budget, nor shall the City be held liable for
expenditures or obligations for ineligible cost pursuant to Section 570.200 and
3
570.201 of the Housing and Community Development Act. And 92.206, 92.207
and 92.208 of National Affordable Housing Act of 1990.
IV. FINANCING AUDITS AND INSPECTIONS
1. The CHDO shall document the costs incurred with CDBG/HOME funds with the
support of properly executed payrolls, time records, invoices, contracts, vouchers,
receipts, or other official documentation that shows in proper detail the nature and
propriety of charges. All such documents must be clearly identifiable and readily
assessable during the tem1 of the Agreement to City and HUD officials or their
authorized representative for audit and examination as often as the City may deem
necessary. Additionally, the CHDO agrees to securely maintain such documents
for a period of three (3) years after termination of this Agreement.
2. The CHDO is to act within thirty (30) days after the signing of this Agreement to
establish a procedure for its accounting operation that will not be inconsistent
with Federal Management Circular A-1 02, Attachment G, and can be certified
auditable by the Accountant for the Community Development Depmiment. The
auditable procedure shall insure that monies provided by the Community
Development Block Grant HOME program can be separately traced from other
funds of the CHDO.
3. The Recipient shall provide the CHDO with a copy of any account requirements
established by HUD, and the CHDO shall thenceforth be responsible for
compliance with such requirements.
4. Progrmn Income earned by the Service Agency during the grant period shall be
retained by the CHDO, and in accordance with OMB Circulars A-102, A-110 and
A-122 shall be:
a. Added to funds committed to the project by the City and the CHDO to be used
to further eligible program objectives as defined in the scope of services of
this Agreement (see Attachment A).
b. Deduct from the total project costs for the purposes of detetmining the net
costs on which the Federal (CDBG I HOME) share of the cost will be based.
5. No CDBG/ CHDO funds shall be disbursed under this Agreement by the CHDO
or any others contracted by the CHDO unless those contracted are in compliance
with City and HUD requirements with regard to fiscal matter and civil rights to
the extent such requirements are applicable. The CHDO shall provide the
Recipient with a copy of such contracts.
6. The CHDO shall provide proof of Bonding Insurance for all employees who
handle funds.
4
V. INSURANCE COVERAGE
The CHDO shall indemnify, defend, and hold the Recipient, its officers, and the
employees harmless with respect to any damage claim arising out of activities specified
by this Agreement. This CHDO shall maintain for the entire period of this Agreement a
valid policy of liability insnrance naming the City of Muskegon (Recipient) as an insured
party with limits of not less than $300,000 per occurrence. The CHDO shall also
maintain coverage during the Agreement period for Workers' Compensation as required
by law. The CHDO shall submit proof of insurance and amount of coverage to the
Community Development office prior to receiving any funds.
VI. REPORTS, MONITORING AND EVALUATION
l. The CHDO agrees to cooperate fully with the Community and Neighborhood
Services office, City and HUD officials, Citizen Committees, or any other
individuals appointed by City Commission to evaluate and monitor the
requirements and performance of programs financed with CDBG HOME funds.
The CHDO agrees to provide to the same parties listed infmmation and reports,
oral or written, as may reasonably be required or requested during the term of this
Agreement on mattes relating to program activities, performance, or contract
compliance.
2. The CHDO agrees to complete and submit to the Community and Neighborhood
Services Office in a timely manner a Quarterly Performance Report.
The report fmms are to be provided by the City. The CHDO agrees to collect and make
available to the Community and Neighborhood Services Department the following information
on its clients or program participants:
a. Street (only) address of the client: (inside or outside City);
b. Month and year of initial services;
c. Number of services units rendered to each client served under this agreement;
d. Age and sex of the client or patticipant;
e. Whether the client or participant is the head of household;
f. Whether client or participant is a member of a minority group (which group);
g. Family income by family size (which will be indicated by checking an income
range category);
h. Whether client or patticipant head of household is handicapped;
5
The information is to be collected on a "Client Card" or tabulation sheets
provided by the City. The form will state that the client/participant information
being collected is required in order for the CHDO to receive HOME funds from
the City of Muskegon. Client information will be submitted quarterly with the
Performance Reports.
Alternate systems of collecting data required in this section can be developed in
consultation with the Community and Neighborhood Services Office. The
Recipient retains the final right to approve any waiver of, or amendment to, this
reporting requirement.
VII. CONTRACT AMENDMENT
That except as expressly provided elsewhere in this Agreement, any modifications or
amendments to this Agreement may be made by mutual Agreement of the CHDO and the
City Commission. It is expressly understood that this Agreement is subject to HUD
HOME funding regulations. Should HUD act to make changes in regulations or suspend
or te1minate funding, such actions shall automatically amend this Agreement, if
applicable.
VIII. ASSIGNABILTIY
The CHDO shall not assign or transfer any interest in this Agreement without consent of
the City Commission.
IX. POLITICAL ACTIVITIES
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for any partisan political activities, or to further the election
or defeat of any candidate for office.
X. CONFLICT OF INTEREST
No employee, officer or agent of the Recipient shall pmticipate in the award or
administration of this Agreement if a conflict of interest real or apparent, would be
involved.
6
XI. CITY'S RIGHT TO ENFORCE
1. The Community and Neighborhood Services Department may unilaterally
suspend (on a temporary basis) or alter this Agreement, including the amount of
funds allocated, for failure to comply with the terms and conditions of this
Agreement or failure to comply with regulations for the U.S. Government, or
directives of the Muskegon City Commission, some examples of which follow:
a. Ineffective or improper use of the HOME funds:
b. Failure to submit complete and cotTect performance or financial reports;
c. Failure to provide services called for in the Scope of Services section within
the time frame stated: and
d. If for any reason, the program cannot be completed.
2. The City Commission may unilaterally terminate this Contract for failure to
comply with the terms and conditions of the Agreement, the regulations of the
U.S. govermnent, or directives of the Muskegon City Commission.
3. The Community and Neighborhood Services Department office shall provide
reasonable notice to the CHDO before action is taken to suspend, alter or
terminate this Agreement. Such notice shall include the reasons for the
contemplated action and the CHDO shall be given a right to protest.
4. In the event this Agreement is tetminated by the City Commission, the Ownership
of all documents, equipment and properties acquired by HOME or Program
Income funds shall revert to the Recipient with the decision for final disposition
being left to the City Commission. However, the CHDO shall receive just
compensation for any work satisfactorily completed prior to such termination.
XII. PURSUIT OF ADDITIONAL RESOURCES
The CHDO shall make bona fide efforts to secure funds and resources from other
sources. Fmther, the CHDO shall cooperate with the Community and Neighborhood
office, as requested, in its efforts to pursue additional or alternative funding. The CHDO
shall report these efforts as part of the required Quatterly Performance Report.
XIII. TIME PERFORMANCE AGREEMENT TERM
All services rendered hereunder shall be completed by May 31, 2006. This Agreement
automatically terminates at that time unless specifically extended by the City
7
Commission. All funds allocated which are unspent or encumbered for services under
this Agreement shall be repaid to the City within fifteen (15) days of this date.
XIV. OTHER
1. That it will comply with all requirements applicable to HUD Block Grant
Subrecipients set forth in the HOME Program Requirements contained in 24 Code
of Federal Regulation Part 570. Such requirements pertain to, but are not limited
to, compliance with OMB Circular A-1 02, reports and information, audits and
inspection, unearned payment, non-discrimination, disposition of real property,
and miscellaneous grant administration requirements.
2. That should the CHDO utilize any portion of HOME funds for acquisition of
property or relocation of individuals, families, or businesses as a result of a
project involving federal financial assistance from HUD, as defined in regulations
at 24CFR Part 42.79, all acquisition and/or relocation shall conform to the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
42).
3. That except with respect to the rehabilitation of residential use for less than eight
families, all contractors engaged under contracts in excess of $2000 for the
construction prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this agreement, shall comply with
HUD requirements pertaining to such Contracts and the applicable requirements
of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher tan those required under such
regulations are imposed by State or local law, nothing hereunder is intended to
relieve the CHDO of its obligations, if any, to require payment of the higher rates.
The CHDO shall require to be inserted in full in all such contracts subject to such
regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
contracts in excess of$10,000, 29n CFR 5a.3.
4. The CHDO agrees to abide by all other Federal requirements not highlighted in
this Agreement, but included in the regulations HOME Regulation available at the
Community and Neighborhood Services Department, or other regulations
subsequently supplied to the Subrecipeint.
5. That should the CHDO funding involve construction work, the CHDO
contractors(s) agree to allow access to the City or its representative for inspection
purposes.
8
6. Should the CHDO acquire any real or personal property with funds provided
under this Agreement, it will not dispose of such property through sale or
otherwise without w1itten permission of Recipient. If property is disposed of
without written pennission, the proceeds shall be retumed to the Recipient, and
CHDO may be required to reimburse the Recipient for the Federal portion of
participation in the project, subject to requirements in the Office of Management
and Budget Circular A-1 02, Attachment N, Property Management Stands.
XV. CONTRACT CLOSEOUT
All contracts will be closed out in accordance with the procedures specified in OMB
Circular A-102, Attachment L, and Portions of OMB Circulars A-110 and A-122
applicable to non-profit organizations.
In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.
Signed In the Presence Of:
Witness~
L./nda
Bethany Housing Ministries
Agency Name
Witness By: ____-:------,--,---------------
------------------ lt's President
Witness------------------- By:_--=--=------------------
lt's Secretary
9
ATTACHMENT "A"
SCOPE OF SERVICES
CHDO's Name _ _ _ _ _ _ _ _ _ _ _ _ _ __
SCOPE OF SERVICES
The Scope of Services section below lists the services to be provided under the terms of the
CHDO Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.
I. Location and Hours
The Service Agency shall provide the contracted services at the following locations(s):
II. Eligible Clients
The CHDO shall take affirmative action to insure that the primary beneficiaries of
services rendered under this Agreement are eligible HOME clients. Eligible clients are
defined as those persons of household who:
a. Reside in the City of Muskegon and
b. Have household incomes less than or equal to 80 percent of the median of the City.
10
ATTACHMENT "A"
SCOPE OF SERVICES
III. Description and Quantity of Services to be provided
Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the service will be offered, if less
than the total contract year, and how the service will be rendered.
Estimated quantity of serv1ce to be provided (number of persons to be served).
11
ATTACHEMENT "B"
BUDGET
REVENUES
HOME FUNDS
*Other (Specify Below)
Program Income
TOTAL REVENUES $. _ __
Total Portion to be
Budgeted Funded by HOME
EXPENDITURES
Salaries & Fringes $ $
Consultant & Contract Services $ $
Office Supplies $ $
Telephone $ $
Rent & Related Expenses $ $
Equipment $ $
Office Furniture $ $
Travel $ $
Specific Assistance to Individuals $ $
Miscellaneous (Specify)
$
$
$
TOTAL EXPENDITURES $ $
*LIST OTHER REVENURE SOURCES:
I. $
2. $
3. $
4. $
5. $
12
Commission Meeting Date: May 10, 2005
Date: May3,2005
To: Honorable Mayor & City Commission
from: Community and Neighborhood Services
Department
RE: Reallocation of 1997 C H D 0 funds to Habitat for
Humanity for Jimmy Carter Built project.
SUMMARY OF REQUEST: To direct staff to reallocate unused 1997
HOME CHDO funding of Thirty Thousand Seven Hundred and Seven
Dollars ($30,707) to Habitat for Humanity to assist them with their
housing blitz project this summer formally known as the Jimmy Carter
Built project.
The original funding was allocated to another CHDO in 1997 and the
funding was never spent. Therefore it is the request of the CNS to have
the funding allocated to Habitat for Humanity.
FINANCIAL IMPACT: Funding will be allocated from the 1997 HOME
funds allocation.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to have the documents
signed by the Mayor and the Clerk.
COMMITTEE RECOMMENDATION: The Previous allocation was
approved by the Commission and the Citizen District Council
CHDO AGREEMENT -1997
Re-allocation Reserve
This CHDO AGREEMENT, made this IO'h day of May, 2005, by and between the City of
Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") and Muskegon
County Habitat for Humanity, whose offices are located at 280 Ottawa St., Muskegon, MI
49442, (hereinafter "CHDO"),
WITNESSETH:
WHEREAS, CHDO will rece1ve Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of $30,707, to be used for the
following:
Infrastructure costs associated with 5 newly constructed homes- Jimmy Carter Builds, 2005
WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;
NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:
I. GENERAL CONDITIONS
I. Services to be delivered are eligible activities as defined in Section 92.205
and 92.206 of HOME Administrative Regulations (CPR 92)
2. The CHDO certifies that the service is either:
a. a new service or
b. a quantifiable increase in the level of a service above the level which
has been provided by or in behalf of the applicant from local revenue
sources or State funds received by the applicant in the twelve (12)
calendar months prior to submission of the proposal, or
c. a continuation of a service that would otherwise be decreased due
to events beyond the control of the CHDO.
3. The CHDO is incorporated as a non-profit organization in good standing
under Michigan Law.
4. The CHDO wanants that a current copy of its charter (if applicable),
Articles of Incorporation and By-Laws are on file with the department of
Community and Neighborhood Services. The CHDO shall also keep a
I
current list of its board members, its officers and their addresses on file
with the Community and Neighborhood Services department.
5. By resolution, the CHDO's Board of Directors shall certify to the City a
responsible contact person, who shall be considered their representative in
all matters relating to this Agreement for communication and
administrative purposes.
Until further written notice from the CHDO, said contact person shall be:
Diana Miller, Executive Director
II. PERSONNEL
I. The CHDO shall maintain direct control of all personnel employed by it and to
provide the necessary training and supervision of its employees in carrying out
contracted programs. However, implementation of the "project" must meet the
requirement and approval of Community and Neighborhood Services.
2. In all work made possible by or resulting from this agreement, affirmative action
will be taken to insure that low income persons, particularly minorities and
women, are given maximum opportunity for training and employment; and that
minority business concerns located in the area, to the greatest extent feasible, are
awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).
3. Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
Order 11246 and OMB Circular A-102, Attachment 0 which relates to equal
opportunity. Copies are available at the Community Development Office.
4. The CHDO (including its membership body, Board of Directors, committees, and
paid and other volunteer staff) agrees that it will comply with City policies and
procedures concerning equal opportunity, affirmative action, and non-
discrimination in employment practices because of age, religion, race, color,
national origin, sex, education association, marital status or physical limitation.
III. SCOPE OF SERVICES
The CHDO shall provide the services specified in Attachment "A", Scope of Services, in
exchange for financial compensation detailed in Attachment "B".
2
IV. COMPENSATION AND METHOD OF PAYMENT
1. The maximum amount which the CHDO may receive pursuant to this Agreement
is $30,707.
2. The CHDO warrants that its Board of Directors has approved a budget request to
provide services detailed in this Agreement (attachment "B"). The budget total of
$ 30,707, shall remain unchanged during the year unless amended as permitted in
this Agreement. The CHDO may not, without City Commission approval, make
transfer between categories not exceeding 10% of the overall budget total, or
$2,000.00, or whichever is greater.
3. Upon approval of CHDO's request for payment, the CHDO shall be reimbursed
for expenses within a maximum of twenty (20 days.)
4. To receive payments, the CHDO must complete and submit the following:
a. Request for Payment
b. Detailed Invoice for Actual Expenditures
c. Quarterly Performance Reports
5. All program income, received by the CHDO, (if any) shall be disbursed by the
CHDO prior to request for payments from the Recipient. Program income
resulting from the project will be handled in accordance with the requirements of
24 CFR 570.503 applicable to CDBG Recipients and 24 CFR 92.503 for HOME
CHDO's. All program income derived from the HOME activities by CHDO must
be reinvested to the recipient (City) to the HOME Investment Trust Fund.
6. If at the end of the term of this Agreement there are unexpended portions of the
contract amount set forth in this Agreement, the City may recapture said amount
for reallocation to other purposes.
7. If CHDO fails to comply with terms specified in this Agreement or refused to
accept and meet conditions imposed by the Department of Housing and Urban
Development (HUD), the Recipient may immediately te1minate payments to the
CHDO and recover any funds it has advanced. In the event of the inability of
CHDO to perform or complete the project, or termination of the Agreement by the
City Commission, Recipient will pay only invoices for work performed or
satisfactorily completed.
8. The Recipient shall not be held liable for expenditures or obligations incun·ed in
excess of the authorized total budget, nor shall the City be held liable for
expenditures or obligations for ineligible cost pursuant to Section 570.200 and
570.201 of the Housing and Community Development Act. And 92.206, 92.207
and 92.208 of National Affordable Housing Act of 1990.
3
V. FINANCING AUDITS AND INSPECTIONS
I. The CHDO shall document the costs incurred with CDBG/HOME funds with the
support of properly executed payrolls, time records, invoices, contracts, vouchers,
receipts, or other official documentation that shows in proper detail the nature and
propriety of charges. All such documents must be clearly identifiable and readily
assessable during the term of the Agreement to City and HUD officials or their
authorized representative for audit and examination as often as the City may deem
necessary. Additionally, the CHDO agrees to securely maintain such documents
for a period of three (3) years after termination of this Agreement.
2. The CHDO is to act within thirty (30) days after the signing of this Agreement to
establish a procedure for its accounting operation that will not be inconsistent
with Federal Management Circular A-102, Attachment G, and can be certified
auditable by the Accountant for the Community Development Department. The
auditable procedure shall insure that monies provided by the Community
Development Block Grant HOME program can be separately traced fi·om other
funds of the CHDO.
3. The Recipient shall provide the CHDO with a copy of any account requirements
established by HUD, and the CHDO shall thenceforth be responsible for
compliance with such requirements.
4. Program Income earned by the Service Agency during the grant period shall be
retained by the CHDO, and in accordance with OMB Circulars A-102, A-110 and
A-122 shall be:
a. Added to funds committed to the project by the City and the CHDO to be used
to further eligible program objectives as defined in the scope of services of
this Agreement (see Attachment A).
b. Deduct from the total project costs for the purposes of determining the net
costs on which the Federal (CDBG I HOME) share of the cost will be based.
5. No CDBG/CHDO funds shall be disbursed under this agreement by the CHDO or
any others contracted by the CHDO unless those contracted are in compliance
with City and HUD requirements with regard to fiscal matter and civil rights to
the extent such requirements are applicable. The CHDO shall provide the
Recipient with a copy of such contracts.
6. The CHDO shall provide proof of Bonding Insurance for all employees who
handle funds.
4
VI. INSURANCE COVERAGE
The CHDO shall indemnify, defend, and hold the Recipient, its officers, and the
employees harmless with respect to any damage claim arising out of activities specified
by this Agreement. This CHDO shall maintain for the entire period of this Agreement a
valid policy of liability insurance naming the City of Muskegon (Recipient) as an insured
party with limits of not less than $300,000 per occurrence. The CHDO shall also
maintain coverage during the Agreement period for Workers' Compensation as required
by law. The CHDO shall submit proof of insurance and amount of coverage to the
Community Development office prior to receiving any funds.
VII. REPORTS, MONITORING AND EVALUATION
I. The CHDO agrees to cooperate fully with the Community and Neighborhood
Services office, City and HUD officials, Citizen Committees, or any other
individuals appointed by City Commission to evaluate and monitor the
requirements and performance of programs financed with CDBG HOME funds.
The CHDO agrees to provide to the same parties listed information and reports,
oral or written, as may reasonably be required or requested during the term ofthis
Agreement on mattes relating to program activities, performance, or contract
compliance.
2. The CHDO agrees to complete and submit to the Community and Neighborhood
Services Office in a timely manner a Quarterly Performance Report.
The report forms are to be provided by the City. The CHDO agrees to collect and make
available to the Community and Neighborhood Services Department the following
information on its clients or program participants:
a. Street (only) address of the client: (inside or outside City);
b. Month and year of initial services;
c. Number of services units rendered to each client served under this agreement;
d. Age and sex of the client or participant;
e. Whether the client or participant is the head of household;
f. Whether client or participant is a member of a minority group (which group);
g. Family income by family size (which will be indicated by checking an income
range category);
h. Whether client or participant head of household is handicapped;
5
The information is to be collected on a "Client Card" or tabulation sheets
provided by the City. The form will state that the client/participant information
being collected is required in order for the CHDO to receive HOME funds from
the City of Muskegon. Client information will be submitted quarterly with the
Performance Reports.
Alternate systems of collecting data required in this section can be developed in
consultation with the Community and Neighborhood Services Office. The
Recipient retains the final right to approve any waiver of, or amendment to, this
reporting requirement.
VIII. CONTRACT AMENDMENT
That except as expressly provided elsewhere in this Agreement, any modifications or
amendments to this Agreement may be made by mutual Agreement of the CHDO and the
City Commission. It is expressly understood that this Agreement is subject to HUD
HOME funding regulations. Should HUD act to make changes in regulations or suspend
or terminate funding, such actions shall automatically amend this Agreement, if
applicable.
IX. ASSIGNABILTIY
The CHDO shall not assign or transfer any interest in this Agreement without consent of
the City Commission.
X. POLITICAL ACTIVITIES
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for any partisan political activities, or to further the election
or defeat of any candidate for office.
XI. CONFLICT OF INTEREST
No employee, officer or agent of the Recipient shall part1c1pate in the award or
administration of this Agreement if a conflict of interest real or apparent, would be
involved.
6
XII. CITY'S RIGHT TO ENFORCE
1. The Community and Neighborhood Services Department may unilaterally
suspend (on a temporary basis) or alter this Agreement, including the amount of
funds allocated, for failure to comply with the terms and conditions of this
Agreement or failure to comply with regulations for the U.S. Government, or
directives of the Muskegon City Commission, some examples of which follow:
a. Ineffective or improper use of the HOME funds:
b. Failure to submit complete and correct performance or financial reports;
c. Failure to provide services called for in the Scope of Services section within
the time frame stated: and
d. If for any reason, the program cannot be completed.
2. The City Commission may unilaterally terminate this Contract for failure to
comply with the terms and conditions of the Agreement, the regulations of the
U.S. government, or directives of the Muskegon City Commission.
3. The Community and Neighborhood Services Department office shall provide
reasonable notice to the CHDO before action is taken to suspend, alter or
terminate this Agreement. Such notice shall include the reasons for the
contemplated action and the CHDO shall be given a right to protest.
4. In the event this Agreement is terminated by the City Commission, the Ownership
of all documents, equipment and properties acquired by HOME or Program
Income funds shall revert to the Recipient with the decision for final disposition
being left to the City Commission. However, the CHDO shall receive just
compensation for any work satisfactorily completed prior to such termination.
XIII. PURSUIT OF ADDITIONAL RESOURCES
The CHDO shall make bona fide efforts to secure funds and resources from other
sources. Further, the CHDO shall cooperate with the Community and Neighborhood
office, as requested, in its efforts to pursue additional or alternative funding. The CHDO
shall report these efforts as part of the required Quarterly Performance Report.
XIV. TIME PERFORMANCE AGREEMENT TERM
All services rendered hereunder shall be completed by May 31, 2004. This Agreement
automatically terminates at that time unless specifically extended by the City
Commission. All funds allocated which are unspent or encumbered for services under
this Agreement shall be repaid to the City within fifteen (15) days of this date.
7
XV. OTHER
1. That it will comply with all requirements applicable to HUD Block Grant
Subrecipients set forth in the HOME Program Requirements contained in 24 Code
of Federal Regulation Part 570. Such requirements pertain to, but are not limited
to, compliance with OMB Circular A-102, reports and information, audits and
inspection, unearned payment, non-discrimination, disposition of real property,
and miscellaneous grant administration requirements.
2. That should the CHDO utilize any portion of HOME funds for acquisition of
property or relocation of individuals, families, or businesses as a result of a
project involving federal financial assistance from HUD, as defined in regulations
at 24CFR Part 42.79, all acquisition and/or relocation shall conforn1 to the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
42).
3. That except with respect to the rehabilitation of residential use for less than eight
families, all conh·actors engaged under contracts in excess of $2000 for the
construction prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this agreement, shall comply with
HUD requirements pertaining to such Contracts and the applicable requirements
of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher tan those required under such
regulations are imposed by State or local law, nothing hereunder is intended to
relieve the CHDO of its obligations, if any, to require payment of the higher rates.
The CHDO shall require to be inserted in full in all such contracts subject to such
regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
contracts in excess of$10,000, 29n CFR 5a.3.
4. The CHDO agrees to abide by all other Federal requirements not highlighted in
this Agreement, but included in the regulations HOME Regulation available at the
Community and Neighborhood Services Department, or other regulations
subsequently supplied to the Subrecipeint.
5. That should the CHDO funding involve construction work, the CHDO
contractors(s) agree to allow access to the City or its representative for inspection
purposes.
6. Should the CHDO acquire any real or personal property with funds provided
under this Agreement, it will not dispose of such property through sale or
othe1wise without written permission of Recipient. If property is disposed of
without written permission, the proceeds shall be retumed to the Recipient, and
CHDO may be required to reimburse the Recipient for the Federal portion of
8
participation in the project, n1bject to requirements in the Office of Management
and Budget Circular A-102, Attachment N, Property Management Stands.
XVI. CONTRACT CLOSEOUT
All contracts will be closed out in accordance with the procedures specified in OMB
Circular A-102, Attachment L, and Portions of OMB Circulars A-110 and A-122
applicable to non-profit organizations.
In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.
Signed In the Presence Of: CITY OF MUSKEGON, MICHIGAN
AMunic p
Witness¥,
t. /n ~
!/tlza
/o f/'N"
Witness~ Cb......+(~st
:r c li 11 n ).( r.., k'o ws. t:/
Muskegon County Habitat for Humanity
Agency Name
Witness_ _ _ _ _ _ _ _ __ By:-:-:--::--:-:--------
It's President
Witness._ _ _ _ _ _ _ _ __ By:.-=-=--=----------
It' s Secretary
9
ATTACHMENT "A"
SCOPE OF SERVICES
CHDO'sName _____________________________
SCOPE OF SERVICES
The Scope of Services section below lists the services to be provided under the terms of the
CHDO Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.
I. Location and Roms
The Service Agency shall provide the contracted services at the following locations(s):
II. Eligible Clients
The CHDO shall take affirmative action to insure that the primary beneficiaries of
services rendered under this Agreement are eligible HOME clients. Eligible clients are
defined as those persons of household who:
a. Reside in the City of Muskegon and
b. Have household incomes less than or equal to 80 percent of the median of the City.
10
Commission Meeting Date: May 10, 2005
Date: May3,2005
To: Honorable Mayor & City Commission
from: Community and Neighborhood Services
Department
RE: lead Based Paint abatement at 1983 Hoyt
SUMMARY OF REQUEST: To approve the bid with Success Builders
2722 E. Broadway Muskegon, Michigan for the lead base paint
abatement of the city-owned home at 1983 Hoyt for $18,900. The other
bid received was from A-1 Professional Construction 15 North Park
Grand Rapids, Michigan for $20,400.
After the lead base paint abatement is complete the structure will be
totally rehabilitated and then sold to a qualified low to moderate-income
homebuyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the
2003 HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the bid and authorize staff to
contract the work with Success Builders of Muskegon.
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: May 10, 2005
Date: May3,2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Serrvices
Department
RE: Approval of contractor for completion of
Rehabilitation of structure at 1983 Hoyt
SUMMARY OF REQUEST: To approve the contract with Lewis Johnson
Construction 1607 Bonita Court of Grand Haven for the completion of
the rehabilitation of 1983ilauoeD for Fifty Six Thousand Nine Hundred
($56.900). The structure was obtained by the City of Muskegon through
the "Good Neighbor Program" from the U.S. Department of Housing and
Urban Development for the total cost of one dollar. ($1.00) After the
final rehabilitation is completed the property will be sold to a qualified
family in accord with the City's neighborhood revitalization efforts,
continuing the City's aggressive neighborhood revitalization efforts.
The CNS office received four proposals for this project Top Notch
Design 4740 Jenson Fruitport, ($66,535) Wasco/Briggs 210 E.
Broadway Muskegon Heights,($73,613) R&R Smith 2251 W. Giles
Road, North Muskegon ($80,874)
FINANCIAL IMPACT: The funding for this project will be taken from the
City's HOME funds from fiscal year 2003 and program income.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve the Community and
Neighborhood Services request.
COMMITTEE RECOMMENDATION: The commission approved for the
CNS office to obtain this home through the "Good Neighbor Program"
Date: May 10,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Amend the City Code of Ordinances to Repeal
Chapter 102, Vehicles for Hire
SUMMARY OF REQUEST: To repeal and reserve Chapter 102,
Vehicles for Hire, ofthe City of Muskegon Code of Ordinances.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt ordinance.
COMMITTEE RECOMMENDATION: This was discussed at the April
2th Legislative Policy Committee Meeting.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _ __
An ordinance to repeal and reserve Chapter 102 (Vehicles for Hire) ofthe City of
Muskegon Code of Ordinances.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 102 (Vehicles for Hire) of the City of Muskegon Code of Ordinances is hereby repealed
and reserved.
This Ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Effective Date:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
First Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By:_ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being duly qualified Clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certifY that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the I 0111 day of May, 2005, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon Clerk's Office. I further certifY that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan ofl976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: _ _ _ _.,2005
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Chapter 102 VEHICLES FOR HIRE*
*Cross reference(s)··Failure to pay for taxicabs or horse-drawn taxicab service, § 54-
36; streets, sidewalks and other public property, ch. 74; traffic and vehicles, ch. 92.
ARTICLE I. IN GENERAL
Sec. 102-1. Penalty for violation of chapter.
Any person who violates or fails to comply with any provisions of this chapter
shall be responsible for a civil infraction.
(Code 1975, § 23-1)
Sees. 102-2--1 02-30. Reserved.
ARTICLE II. TAXICABS
DIVISION 1. GENERALLY
Sec. 102-31. Definitions.
The following words, terms and phrases when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Driver means any person who drives a taxicab.
Driver's permit means a permit issued by the city clerk permitting the holder
thereof to drive a taxicab.
For hire means for remuneration or reward of any kind, paid or promised, either
directly or indirectly.
License means a license issued by the city commission authorizing the operation
of taxicabs.
Owner means any person to whom a taxicab license has been issued.
Rate card means the card issued by the city to a licensee for display within each
taxicab, stating the schedule for fares charged.
Taxicab means any motor vehicle designed to carry six passengers, or less,
excluding the driver, operating on the public streets, alleys and quasi-public places of the
city, and accepting passengers for transportation for hire on call or demand, between
such points as may be directed by the passenger or as may be determined by the
operator. The term "taxicab" shall include nonmotor vehicles operated under such
conditions, including those propelled by horses or other animals.
(Code 1975, § 23-16)
Cross reference(s)--Delinitions generally, § 1-2.
Sec. 102-32. Numbering.
Each taxicab shall be numbered and the number shall be of such size as to be
readily seen, and shall be inscribed on both the inside and outside of the cab.
(Code 1975, § 23-17)
Sec.102-33. Inspection and maintenance by owner.
The owner of each taxicab shall examine and inspect such taxicab as to its
mechanical condition, the brakes, power and lights, in such manner and with such
frequency as to ensure safety and dependability to patrons and the public, and each
taxicab shall be maintained at all times in a dependable, workable and safe condition.
Records of such inspections, the defects found and repairs made shall be kept on file by
the owner for each taxicab and such records shall, during ordinary business hours, be
open for inspection by any member of the police department.
(Code 1975, § 23-18)
Sec. 102-34. Periodic inspection by police.
Any police officer designated by the chief of police may, at any time, inspect any
taxicab licensed under this article, and its equipment, and report the result of such
inspection to the chief of police. If such a taxicab is found to be lacking in any of the
requirements set out in sections 102-33 and 102-58, the chief of police may recommend
to the city commission, through the city manager, that the license tor such taxicab be
suspended or revoked.
(Code 1975, § 23-19)
Sec. 102-35. General operating standards.
Each taxicab shall be operated in accordance with the laws of the state and the
ordinances of the city, with due regard for the safety, comfort and convenience of
passengers and for the safety of the general public. No taxicab shall be operated at a
rate of speed greater than that established by state law or by the ordinances of the city.
(Code 1975, § 23-24)
Sec. 102-36. Regulations pertaining to passengers.
No driver or licensee of a taxicab shall refuse or neglect to convey any orderly
person upon request by signal or telephone call, unless the taxicab is previously
engaged. When a taxicab has been engaged by a passenger, no additional passenger
shall be conveyed except with the express consent of the first passenger. No driver shall
convey any person except farepaying passengers. No passenger shall occupy the front
seat when space remains available in the rear of the taxicab.
(Code 1975, § 23-25)
Sec. 102-37. Articles left in vehicle by passengers.
Every driver of a taxicab shall search the interior of his taxicab at the termination
of each trip for any article of value which may be left in his taxicab by a passenger. Any
article found therein shall be immediately returned to the passenger owning it, if he is
known; otherwise it shall be deposited with the licensee of the taxicab not later than at
the conclusion of the driver's tour of duty that day. A report of the finding and deposit of
such article shall be made by the licensee within 24 hours thereafter to the police
department.
(Code 1975, § 23-26)
Sees. 102-38--102-55. Reserved.
DIVISION 2. VEHICLE LICENSE*
*Cross reference(s)--Licenses, ch. 50.
Sec. 102-56. Required.
No person shall operate, or cause to be operated, any taxicab in the city without
having first obtained a license to operate such taxicab.
(Code 1975, § 23-38)
Sec. 102-57. Application generally.
Any person desiring a license to operate a taxicab on the streets of the city shall
file with the city clerk a sworn application, on forms to be furnished by the city, which
application shall contain the following:
(1) The name, age, residence and present occupation of the person applying
for such license. If the applicant is a partnership, the names, addresses
and occupations of all partners shall be stated; and if the applicant is a
corporation, the names, addresses and occupations of all the officers and
directors thereof shall be stated.
(2) The make, body style, year, serial and engine numbers, state license
plate number, seating capacity and weight of the taxicab for which such
license is sought.
(3) Whether there are any unpaid judgments of record against the applicant,
and if so, the title of all actions, the amount of all judgments unpaid and
the court in which the judgments were rendered.
(4) The experience of the applicant, both in the city and elsewhere, in the
operation of taxicabs or other common carriers.
(5) Whether or not the applicant for such license, or if a partnership or
corporation, any of the partners, officers or directors thereof, has ever
been charged with, convicted of or pleaded guilty to any felony or
misdemeanor, and if so, the date, nature of the offense and the court in
which such charge was made, conviction was obtained or a plea of guilty
was entered.
(6) The place within the city, or elsewhere, where the person applying for
such license proposes to establish his office and from which he proposes
to operate such taxicabs.
(7) The number of taxicabs operated or intended to be operated by the
applicant pursuant to the provisions of this article.
(8) Whether the applicant is the owner of the taxicab proposed to be
operated under the license, and if not, the name of the owner thereof.
(9) Whether there are any liens, mortgages or other encumbrances, including
conditional sales contracts, on such taxicabs and if so, the amount and
character thereof and the name of the holder thereof.
(1 0) Such other information as the city commission may, in its discretion,
require.
( 11) The applicant's annual financial and profit and loss statements covering";··
his operations during the last preceding fiscal year shall be attached to
and made a part of such application.
(Code 1975, § 23-39)
Sec. 102-58. Investigation of applicant and inspection of vehicle;
recommendations of chief of police.
The city clerk shall transmit each application for a license under this division to
the chief of police, who shall cause an investigation to be made of the character, fitness
and qualifications of the applicant and the fitness of the proposed taxicab for use as
such. No taxicab shall be licensed until it has been inspected by a police officer
designated by the chief of police for that purpose and found to be in safe condition for
the transportation of passengers, clean, of good appearance and well painted or
lacquered and until the taximeter attached to such vehicle has been tested and found to
be accurate. The chief of police may recommend to the city commission that it refuse a
license for any vehicle which does not conform with these requirements. The chief of
police shall thereupon transmit such application, together with his recommendation
thereon, to the city commission through the city manager.
(Code 1975, § 23-40)
Sec. 102-59. Commission action on application.
If the city commission determines that the applicant for a license under this
division is a suitable person, and that the taxicab proposed to be licensed is a suitable
vehicle for such purpose, it may authorize the issuance of the license. The city
commission may refuse to grant such authorization when, in its judgment, the owners
already licensed are adequately serving the needs of the public, or when, in its
judgment, there are existing transportation facilities reasonably sufficient to serve the
public demand, or when, in its judgment, the use of the streets of the city by additional
taxicabs would interfere with the public use of such streets or congest traffic, or when, in
its judgment, no sufficient showing is made of public convenience and necessity.
(Code 1975, § 23-41)
Sec. 102-60. Applicant's insurance.
(a) No license shall be issued under this division until the applicant obtains and files
with the city clerk a policy of liability insurance, issued by an insurance company
authorized to do business in the state, for each taxicab to be licensed.
(b) Such policy of insurance shall insure the applicant against liability for personal
injury to any passenger or to any member of the general public, or any damage
to property, resulting from an accident in which such taxicab may be involved
through the recklessness or negligence of its driver, operator or owner.
(c) Such policy shall provide minimum insurance protection for each taxicab in the
amount of $100,000.00 for injury to, or death of, one person, and $300,000.00 for
injury to, or death of, more than one person resulting from a single accident, and
$100,000.00 for damage to property, including personal belongings or baggage
of passengers, as a result of one accident.
(d) Such policy of insurance shall provide for continuing liability thereunder to the full
amount thereof, notwithstanding any recovery thereon, and that the insolvency or
bankruptcy of the insured shall not release the insurance company.
(e) Such policy shall further provide that it shall not be cancelled, surrendered or
revoked by either party except after ten days' written notice to the city furnished
by the insurance company issuing such policy. The cancellation, surrender or
other termination of any insurance policy issued and filed in compliance with this
section shall automatically terminate the license of any licensee covered by such
insurance policy, unless another policy complying with this section shall be in
effect and deposited with the city at the time of such cancellation or termination.
(f) No license shall be issued, until the policy of insurance has been found, by the
city attorney, to comply with the terms of this section and has been approved by
the city commission.
(Code 1975, § 23-42; Ord. No. 2103, 5-27-03)
Sec. 102-61. Issuance.
If the city commission authorizes the issuance of a license under this division, the
city clerk shall issue the license, upon the filing of the policy of insurance required by
section 102-60 and the payment of the fee in an amount established by resolution.
(Code 1975, § 23-43)
Sec. 102-62. Procedure for operation of more taxicabs than specified in license.
If the holder of a license issued under this division desires to operate taxicabs in
addition to the number specified in the license, he shall make application on forms
obtained from the city, which forms shall contain the information required under
subsections 102-57(2), (8), (9) and (1 0), file the insurance policy required by section
102-60 and pay the fee in the amount established by resolution of the city commission.
(Code 1975, § 23-44)
Sec.102-63. Transfer from person to person prohibited; change of ownership of
licensed taxicab.
(a) Licenses issued under this division shall not be transferable from person to
person. A transfer or attempted transfer thereof to any other person shall
automatically revoke the license.
(b) Loss or surrender of the absolute right to possession of any taxicab shall
automatically revoke any license previously granted for the operation of such
taxicab, and the purchaser thereof shall not operate such taxicab until he has
applied for and been granted a license under the terms of this division and he
has complied with all the terms of this article.
(Code 1975, § 23-45)
Sec. 102-64. Transfer to another taxicab.
The owner of any licensed taxicab may have the license transferred to another
vehicle by filing with the city clerk a request therefor, stating the make, year, body style,
engine number, serial number, state license plate number, seating capacity and weight
of the vehicle to which he proposes to have such license transferred. No transfer of a
license shall be made until the chief of police has notified the city clerk that the new
vehicle is a proper vehicle for taxicab purposes, and no transfer of a license shall be
made unless the original taxicab upon which such license was issued shall be retired
from taxicab service.
(Code 1975, § 23-46)
Sec. 102-65. Expiration.
All licenses issued under this division shall expire on May 1 following the
issuance thereof.
(Code 1975, § 23-47)
Charter reference(s)--Mandatory expiration of licenses, ch. XVII,§ 1.
Sec. 102-66. Suspension or revocation.
Licenses issued under this division may be suspended or revoked by the city
commission at any time if the:
(1) Commission finds that the information contained in the application for
such taxicab license was false or misleading;
(2) Commission finds that the owner or any driver in his employ repeatedly
has failed to operate the taxicab so licensed in accordance with the
provisions of this article;
(3) Owner shall cease to operate any taxicab for a period of 30 consecutive
days without obtaining permission for cessation of such operation from
the city manager;
(4) Commission finds that the licensed taxicab is or has been operated at a
rate of fare higher than that established and stated on the rate card
issued under this article;
(5) Commission finds that the licensee or any driver in his employ has
repeatedly violated any of the provisions of the traffic ordinances of the
city, laws of the state, or regulations of any commission or bureau of
competent jurisdiction, while operating a taxicab licensed under this
article.
(Code 1975, § 23-48)
Sees. 102-67--102-85. Reserved.
DIVISION 3. DRIVERS
Subdivision I. In General
Sec. 102-86. Driver cleanliness.
Drivers of taxicabs shall be clean in dress and in person, at all times while
operating a taxicab.
(Code 1975, § 23-27)
Sec. 102-87. Driver's conduct generally.
No taxicab driver, while waiting for or trying to obtain employment, shall sound
any horn or similar device, or call loudly for passengers or patrons, or in any wise
deceive any customer or person seeking information; nor shall he convey any person or
the baggage of any person, except on request of that person; nor shall he commit any
disorderly, boisterous, improper or uncivil act; nor shall he use any indecent, immoral or
insulting language to or in the presence of any person.
(Code 1975, § 23-28)
Sec. 102-88. Use of alcohol or drugs by drivers.
No taxicab driver shall drink beer, wine, spirits or other alcoholic beverages or
liquors while on duty, nor shall he operate any taxicab while under the influence of
narcotics or alcoholic liquors.
(Code 1975, § 23-29)
Sec. 102-89. Use of vehicle for immoral or illegal purposes.
No owner or driver of a taxicab shall use, or permit the use of, any taxicab for
immoral or illegal purposes.
(Code 1975, § 23-30)
Sees. 102-90--102-105. Reserved.
Subdivision II. Permit
Sec. 102-106. Required.
No person shall drive a taxicab on the streets of the city without first having
obtained a driver's permit from the city clerk.
(Code 1975, § 23-55)
Sec. 102-107. Application.
Any person desiring to drive a taxicab shall file with the city clerk, on forms to be
furnished by the city, a sworn application for a permit, stating the following:
(1) The name, age, date of birth, residence and present occupation of the
applicant, and his places of residence for five years immediately
preceding the date of application.
(2) The applicant's social security number and the number appearing on his
chauffeur's license.
(3) The experience the applicant has had in operating automobiles, taxicabs
or other vehicles used in carrying passengers for hire.
(4) Whether or not such applicant has ever been convicted of any felony or
misdemeanor; and, if so, the date, nature of the offense, the court
location, municipality and state or county in which such conviction
occurred.
(5) A statement by the applicant informing the city whether he has ever been
convicted of a drinking and driving related offense.
(6) Whether any chauffeur's or operator's license issued to the applicant has
ever been suspended or revoked, and if so, for what cause.
(7) A photograph measuring at least two inches by three inches, showing a
full face and shoulder likeness of the applicant, together with written
evidence proving that the photograph was taken during the period of
three years or less prior to the date of application. Such photograph must
be suitable for mounting on the license to be issued to the taxicab driver
and displayed in the taxicab at all times.
(8) Such other information as the city commission may, in its discretion,
require by resolution.
(Code 1975, § 23-56)
Sec. 102-108. Investigation of applicant and action by the chief of police.
The city clerk shall forward a filed application to the chief of police, who shall
cause an investigation to be made of the character and fitness of the applicant using the
application and such information as is available to the chief of police, relevant to the
standards for issuance of permits under this subdivision. After review of the application
and the information resulting from the investigation, the chief of police shall determine in
accordance with the standards of this subdivision whether or not a driver's permit shall
be approved. If approved, the permit shall be issued upon the payment of the fee
thereof.
(Code 1975, § 23-57)
Sec. 102-109. Disapproval by chief of police, review hearing; appeal.
If the chief of police disapproves the issuance of a permit, he shall issue in
written form his disapproval together with a statement of the reasons therefor, informing
the applicant of the basis of such disapproval. The applicant may within ten days of the
mailing or personal delivery of the notice of disapproval, request in writing a review
hearing to be held. Such hearing shall be held before a hearing officer, appointed by the
city manager, who shall consider all information and evidence reasonably made
available by the chief of police and by the applicant, and reviewing such information and
evidence based upon the standards set forth in this subdivision shall make a
determination whether to issue or deny the permit. The chief' s written reasons for denial
shall be considered as well as any other evidence brought before the hearing officer by
either side. The applicant shall be given notice by mail to the address on the application,
of the time and place of the hearing, such notice to be mailed at least ten days before
the hearing. The applicant may have counsel appear with him.
(Code 1975, § 23-58)
Sec. 102-110. Denial by hearing officer; court action.
If after holding the hearing, the hearing officer determines to deny the issuance of
a permit, an aggrieved applicant shall have the right to file a complaint in circuit court to
review the denial of the permit.
(Code 1975, § 23-59)
Sec.102-111. Fee.
The fee for each original taxicab driver' s permit shall be as established by
resolution.
(Code 1975, § 23-60)
Sec.102-112. Issuance; size; contents.
Upon approval of a taxicab driver' s permit, the application shall be returned to the
city clerk with the approval marked thereon by the appropriate officer, and the city clerk
shall issue a driver' s permit to the applicant. Such permit shall be on a card not more
than four inches by six inches in size and shall have thereon a frontview photograph of
the applicant, approximately 2114 X 21/4 inches in size, to be furnished by the applicant,
his signature, and name printed thereon, with the number and date of issuance of his
permit together with the city seal and signature of the city clerk.
(Code 1975, § 23-61)
Sec.102-113. Expiration.
All taxicab driver' s permits issued under this subdivision shall expire on May 1
following the issuance thereof.
(Code 1975, § 23-63)
Sec. 102-114. Renewal.
Taxicab driver' s permits may be renewed from year to year. A driver must apply
for a renewal of his permit using a form furnished by the city and filing such form with the
city clerk. The city clerk shall transmit the form to the chief of police who shall make an
investigation and review the permit applying the standards of this subdivision. If the chief
of police thereby determines that renewal is appropriate, he shall endorse his approval
upon the renewal form and return it to the city clerk, who shall issue the renewal upon
payment of a fee in the amount established by resolution. In the event the chief
determines to refuse renewal, a written refusal stating the reasons therefor shall be
mailed or delivered to the driver and he shall have the same rights of review, using the
same procedure and time limit as set forth in this subdivision concerning issuance of
driver' s permits.
(Code 1975, § 23-64)
Sec.102-115. Display.
A permit issued under this subdivision shall at all times be plainly displayed in
view of any passenger in the taxicab when the driver is driving such cab.
(Code 1975, § 23-62)
Sec. 102-116. Revocation.
A taxicab driver' s permit may be revoked for any of the following causes:
(1) If it is determined at any time that the application or information supplied
with a renewal form contains false, fraudulent or misleading information,
or it is reasonably demonstrated that information was intentionally omitted
from the application or renewal form;
(2) If the holder of the permit shall be convicted of a felony, a high court
misdemeanor, or a misdemeanor involving moral turpitude or assaultive
conduct, or shall be convicted of any moving violation under the traffic
ordinance of the city or any section of the Michigan Vehicle Code (MCL
251.1 et seq.);
(3) If the permit holder shall be involved in any accident causing injury to or
death of any person, or injury to or destruction of any property, provided
that this provision may be waived in the event the holder was in a vehicle
legally parked at the time of the accident;
(4) If the holder engages in any conduct or performs any act which would
reasonably demonstrate that he does not meet the standards for issuance
of a permit set forth in this subdivision;
(5) If the holder engages in conduct or performs any act which endangers the
public health, safety and welfare of the inhabitants of the city, or engages
in immoral and disreputable conduct which would tend to endanger,
embarrass or humiliate any person riding in a taxicab;
(6) If the holder engages in any public fight or breach of the peace, or is
found in an intoxicated condition or under the influence of any narcotic
while operating or attempting to operate a taxicab;
(7) If the driver attempts to transfer the driver permit. It shall be unlawful for
any person holding a permit to transfer or attempt to transfer such permit
or any card issued under this subdivision to any person; and it shall be
unlawful for any person holding such a permit to knowingly permit any
other person to have such permit in his possession. It shall be unlawful
for any person to exhibit, wear or have in his possession while operating
a taxicab a permit or card issued to any other person.
(Code 1975, § 23-65)
Sec.102-117. Standards.
The following standards shall apply in determining whether to issue, renew or
revoke a taxicab driver' s permit. The standards shall be in addition to all other standards
defined or implied in this subdivision:
(1) No taxicab driver' s permit shall be issued to any person who has not
attained the age of 18 years;
(2) No permit shall be issued to a person who does not hold a valid
chauffeur' s license from the stat(l
(3) No person shall hold a permit who has been convicted of a felony, unless
such person has demonstrated, for a period of five years alter the release
from parole or commitment from the applicable corrections department,
no convictions of any felony or misdemeanor;
(4) No person shall hold a permit who has been convicted of a drinking or
narcotics and driving related traffic offense within a period of five years
before the issuance of the permit;
(5) In the event of revocation of a permit or refusal to renew such permit
based on standards set forth in this subdivision, such person shall not be
issued a permit for a period of five years from the date of such revocation
or nonrenewal;
(6) No permit shall be issued to any person who has habitually, or at any time
during the five years prior to application, engaged in conduct which would
be cause for revocation of a permit under this subdivision;
(7) The requirement of a valid chauffeur' s license shall not apply to a horse-
drawn taxicab driver' s permit.
(Code 1975, § 23-66)
Sees. 102-118--102-135. Reserved.
DIVISION 4. RATES AND CHARGES
Sec. 102-136. Determination of rates of fare.
All fares and charges for the use of taxicabs shall be determined by resolution of
the city commission following a hearing held by the commission at a regular meeting. All
taxicab licensees shall be notified of any such hearing by mail.
(Code 1975, § 23-20)
Sec. 102-137. Taximeters.
Every taxicab operated under the provisions of this article shall have affixed
thereto a taximeter of a size and design approved by the city commission. No licensee or
driver shall operate any such taxicab for hire unless the taximeter affixed thereto shall be
in workable condition, placed in operation while engaged for hire, and be no more than
five percent incorrect to the prejudice of any passenger.
(Code 1975, § 23-21)
Sec. 102-138. Rate card.
The city clerk shall, at the time of issuing each taxicab license, deliver to the
licensee a rate card stating the rates of fare prescribed under section 102-136. Such rate
card shall at all times be plainly displayed in view of any passenger seated within the
taxicab so licensed.
(Code 1975, § 23-22)
Sec. 102-139. Charging excess fare.
The charges determined pursuant to section 102-136 shall be the maximum
charges for taxicab service and no taxicab owner or driver shall charge, demand or
receive any charges in excess of such maximum charges.
(Code 1975, § 23-23)
Sees. 102-140--1 02-160. Reserved.
ARTICLE Ill. HORSE-DRAWN VEHICLES FOR HIRE*
*Cross reference(s)--Licenses, ch. 50.
DIVISION 1. GENERALLY
Sec.102-161. Definitions.
The following words, terms and phrases when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Holder means the licensee or holder of a license under this article, and any agent
or employee thereof.
Horse-drawn vehicle means a vehicle drawn by horses which carries any
persons for hire in the city.
Operator means the driver in control of and the actual operation of a horse-drawn
vehicle, including any assistant to the driver. The words "driver" and "assistant" shall
mean "operator," and shall be used interchangeably in this article.
Owner means a person having the ownership or control (except for driving) of
any horse-drawn vehicle, equipment, or horse utilized with the horse-drawn vehicle.
Person means an individual, partnership, corporation, limited liability company or
any other entity functioning as the owner or operator of a horse-drawn vehicle.
(Code 1975, § 23-68)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 102-162. Maintenance of equipment.
(a) Equipment required. Each horse-drawn vehicle shall include all lighting required
by the Uniform Traffic Code for Michigan Cities, Townships and Villages, as
adopted and amended by the city or the Michigan Vehicle Code (MCL 257.1 et
seq.) and in addition shall include turn signals visible from the front and rear of
the vehicle, brake lights, hydraulic brakes, a device to prevent movement of the
vehicles without the presence or control of the driver, brake lock, running lights, a
slow moving vehicle sign, and a device determined by the city to be adequate to
catch all droppings.
(b) Equipment-safety inspections. Before the initial licensing all equipment, including
the horse-drawn vehicle and equipment involved with the horses and the vehicle
shall be inspected by the city. No license shall be issued unless the inspection
determines that the horse-drawn vehicle has all the equipment required by this
article, is in good repair, and is of such a design as to provide the maximum
safety to passengers and the public. The city shall further determine if the
equipment meets the standards of horse-drawn vehicles which are acceptable in
the industry, and shall further determine whether the equipment results in the
effective and humane treatment of the horses to be utilized. Any horse-drawn
vehicle or equipment which does not comply with the standards of this section
shall be immediately withdrawn from service and not again used for carrying
passengers for hire until it has been repaired and inspected and approved by the
city.
(Code 1975, § 23-71)
Sec. 102-163. Insurance.
No horse-drawn vehicle may be operated in the city unless it has issued,
applicable to it, a liability insurance policy, issued by an insurance company approved by
the city, naming the city as an additional insured. In the event of cancellation of such
policy or reduction in coverage, the owner' s license shall be automatically canceled. The
insurance shall carry liability limits of at least $100,000.00 for bodily injury or death of
one person, and $300,000.00 for bodily injury or death of more than one person resulting
from a single accident, and $100,000.00 for destruction of property of others in any one
accident. Such policy of insurance may be in the form of a separate policy for each
horse-drawn vehicle or in the form of a fleet policy covering all horse-drawn vehicles
owned or controlled by the same owner, provided that such limits shall apply separately
to each horse-drawn vehicle. No policy may be canceled or coverage or liability limits
reduced or altered until the expiration of 30 days after notice of intent to cancel has been
served in writing to the city clerk by mail or by personal delivery, from the insurer.
(Code 1975, § 23-72; Ord. No. 2103, 5-27-03)
Sec. 102-164. Operation of horse-drawn vehicles for hire.
(a) Standards. The following standards apply to the operation of horse-drawn
vehicles:
(1) The operator of each horse-drawn vehicle shall be responsible for the
care of the horses. No operator shall mistreat a horse or use horses
which are in ill health.
(2) Droppings or excretions from horses must be immediately cleaned, swept
and removed.
(3) When persons are in the vicinity of or occupy a horse-drawn vehicle, it
shall be attended at all times by the operator or an assistant who shall
control the horses and attend to the safety of all such persons.
(4) All traffic laws shall be obeyed.
(b) Operating on designated streets. Horse-drawn vehicles shall not be operated on
limited access streets, limited access highways, restricted access streets or
highways, or any street where a horse-drawn vehicle is likely to cause traffic
congestion. The city commission may prescribe by resolution that a horse-drawn
vehicle shall be operated only in certain streets, alleys or other public places, or
may prohibit operation in such locations. In making such determination the city
commission shall use information from the city police, the city engineer or such
other source as it may deem appropriate.
(c) Hours of operation. Horse-drawn vehicles shall be allowed to operate on the
street, alleys, highways, roads and public places of the city, except where limited
or prohibited by the city commission, during daylight hours and no later than 2:30
a.m.
(Code 1975, § 23-75)
Secs.102-165--102-180. Reserved.
DIVISION 2. LICENSES
Sec.102-181. Required; fees.
No owner shall permit or cause a horse-drawn vehicle to be driven on any street,
alley, highway, road or public place within the city without a license having been
obtained for the horse-drawn vehicle. Licenses shall be issued for horse-drawn vehicles
upon the completion of an inspection, and shall expire annually on May 1 following the
issuance thereof. Fees for the horse-drawn vehicle license shall be determined by the
city commission in its lee resolution. The city commission shall provide lees lor part-year
licenses.
(Code 1975, § 23-69)
Sec. 102-182. Vehicle driver's license required.
No person shall operate or drive a horse-drawn vehicle without a currently valid
vehicle chauffeur' s license issued by the state or by another state or territory of the
United States, a foreign country, or the District of Columbia.
(Code 1975, § 23-70)
Sec.102-183. Revocation; effective date.
(a) In the event a license lor a horse-drawn vehicle or a driver' s license has been
revoked, the revocation shall be effective immediately upon expiration of the time
lor appeal if none is filed, and otherwise at the time of the final decision by the
city manager if the revocation is upheld alter hearing. Any owner or operator who
is aggrieved by such revocation may, within ten days of the revocation file a
written appeal to the city manager, who shall review the revocation utilizing the
standards set forth in this article. In the event the city manager concurs in the
revocation, the owner or operator may appeal to the circuit court, such appeal to
be taken within 21 days from the date of the written decision of the city manager.
(b) In determining the appeal the city manager shall alford the owner or operator a
full hearing with right to counsel, presentation and cross examination of
witnesses and the submitting of any exhibits for the record. The city manager' s
decision shall be made upon the record which shall be preserved. The city
manager may utilize a referee to hold a hearing.
(Code 1975, § 23-74)
Sec. 102-184. Horse-drawn vehicle license; issuance and revocation.
(a) Standards for issuance of license. The following standards shall apply in
determining whether to issue or renew a horse-drawn vehicle license. All other
standards defined or implied in this article lor revocation are included:
(1) No license shall be issued to any person who has not attained the age of
18 years, or to any entity which is not controlled by a person who is 18
years of age.
(2) No license shall be issued or renewed to a person, or an entity controlled
by such person, who has been convicted of a felony, unless such person
has demonstrated, lor a period of five years alter the release from parole
or commitment from the applicable corrections department, no
convictions of any felony or misdemeanor.
(3) No license shall be issued to or renewed by a person, or entity controlled
by such person, who has been convicted of a drinking or narcotics and
driving related traffic offense within a period of five years before the
issuance of the license.
(4) In the event of revocation of a license or refusal to renew such license
based on standards set forth in this division, such person or entity shall
not be issued a license for a period of five years from the date of such
revocation or non renewal.
(5) No license shall be issued to any person or entity controlled by such
person, who has habitually, or at any time during the five years prior to
application, engaged in conduct which would be cause for revocation of a
license under this article.
(b) Standards tor denial or revocation of license. A license may be refused or
revoked if:
(1) It is determined at any time that the application or information supplied
with a renewal form contains false, fraudulent or misleading information,
or it is reasonably demonstrated that information was intentionally omitted
from the application or renewal form.
(2) The holder of the license, during the license term, is convicted of a felony,
a high court misdemeanor, or a misdemeanor involving moral turpitude or
assaultive conduct.
(3) The holder shall cause any accident causing injury to or death of any
person, or injury to or destruction of any property, provided that this
provision may be waived if the vehicle involved was legally parked at the
time of the accident. This subsection shall apply whether or not the
vehicle involved in the accident is the horse-drawn vehicle licensed under
this division.
(4) The holder engages in any conduct or performs any act which would
reasonably demonstrate that he does not meet the standards for issuance
of a license set forth in this article, or if the holder violates any restriction
or requirement of this article or any rule determined by the city
commission under this article.
(5) The holder engages in conduct or performs any act which endangers the
public health, safety and welfare of the inhabitants of the city, or engages
in immoral and disreputable conduct which would tend to endanger,
embarrass or humiliate any person riding in a horse-vehicle.
(6) The holder engages in any public fight or breach of the peace, or is found
in an intoxicated condition or under the influence of any narcotic while
operating or attempting to operate a horse-drawn vehicle.
(7) The holder attempts to transfer the license. It shall be unlawful for any
person holding a license to transfer or attempt to transfer such license or
any card issued under this article to any person; and it shall be unlawful
for any person holding such a license to knowingly permit any other
person to have such license in his possession. It shall be unlawful for any
person to exhibit, wear or have in his possession while operating a horse-
drawn vehicle a license or card issued to any other person.
(Code 1975, § 23-73)
Date: May 10,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
D & L of Michigan, LLC
441 W. Western
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from D & L of Michigan, LLC, to
transfer ownership of the 2004 Class C-SDM licensed business with
dance permit and outdoor service (1 area), located in escrow at 3621
Getty, Norton Shores, from North-Saylor, Inc. and transfer location to
441 W. Western, Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Police Department is
recommending denial of the request.
April 20, 2005
To: City Commission through the City Manager
From: ~ L . ( ~,
Ant ny L. Kle1becker, Director of Public Safety
Re: Liquor License Request - 441 W. Western Street
Transfer of 2004 Class C-SDM Licensed Business
The Muskegon Police Department has received a request from the Michigan
Liquor Control Commission for an investigation of applicant D&L of Michigan
LLC, comprised of Darren Jackson of 2059 Richmond NW, Grand Rapids, Ml
and Lacy Jones of 245 Eastern SE, Grand Rapids Mi.
D&L of Michigan, LLC requests to transfer ownership of 2004 Class C-SDM
licensed business (in escrow) with Dance Permit and Outdoor Service (1 Area)
from North-Saylor, Inc, and transfer location (Governmental Unit) from 3621
Getty, Norton Shores, Michigan and request a new Entertainment Permit. Lacy
Jones has minimal management experience of an alcohol serving business;
Darren Jackson does not. Both applicants are aware of the Muskegon Police
Department's position on enforcing local alcohol laws and ordinances.
As stated under the Liquor Control Commissions rule R436.11 05 (Application
for license; denial; grounds) Section 2 "The commission shall consider all of the
following factors in determining whether an applicant may be issued a license or
permit:". Sub-section (d) states "The opinions of the local residences, local
legislative body, or local law enforcement agency with regards to the proposed
business", (e)"The applicant's moral character''. Information learned from a
Criminal History report led us to question an applicant's moral character as it
relates to operating an alcohol serving business within the City of Muskegon
and further led us to question how the proposed business would be operated.
Federal law prohibits dissemination or release of non-conviction data , such as
arrest-only records, except to authorized criminal justice agencies.
The Muskegon Police Department request that this application for liquor license
be denied.
ALK/kd
::27377/
t-,;JA t::."''f\1: ; c __
Sincerely, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
A. Signature
0 Agent
X 0 Addressee
B. Received by (Printed Name) c. Date o f Delivery
En c.
4. Restricted Delivery? (Extra Fe e) 0 Yes
2. Article Number 7000 t!J..);?O 00!'/
(Transfer from service label)
37'/7
PS Form 3811 , August 2001 Domestic Return Receipt 1 02595-02-M-103~
• J
Req ID # 273771
STATE OF MICHIGAN i ·- :;J-5
P.O. Box 30005
Lansing, MI 48909-7505
fl1'1YJ-
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436 .1916)
D & L OF MICHIGAN, LLC
APPLICANT/LICENSEE PHONE NUMBER
STREET ADDRESS COUNTY ZIP
1. The dance floor ~1 not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers . ~ NO N/A
2. Describe the type of entertainment applicant/licensee will provide: NIA
b:r~ L/v~
3. Will this entertainment include topless activity? YES NIA
DANCE PERMIT YES N/A
ENTERTAINMENT PERMIT YES N/A
TOPLESS ACTIVITY PERMIT YES NO
~
i!mMARKS.,
DATE SUBMITTED
fY!usu. .t.:~-cc;....~ Pro ,.2.3f-7Z-Y-G.9~
DEPARTMENT NAME PHONE NUMBER
9 8-0 Jt..:.-,:..,~r-.s <:JA! /'l?vs. t '-<.!:. cu~ <-/- 9 <+t.f...J
ADDRESS CITY
LC-693N REV 5198
4880-0652
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