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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 w ·-\>-· ' D .La\IOOfNVO\IU -,- - I-- 1- I-- = I-- 1-- I-- 1-- 11'/f= I-- !' - r= - -1-- -1-- 1-- 1-- 1-- r---- - 1-- 1--r--- I-- I-- I-- I-- :moM ml .li)E,IIOII m~ I-- r-- 1-- -I=- = L di - c--1-- 1-- -1 =rr ~~--- ~W- . ,_ 1-- r---- 1-- I-- r- ! w:• r- f= ~§r= -~--- - it-- - 1-- !I-- i - l= 1-- - I-- r--- 1-- :±= I u r---- [ t::::= F I ,__ 1---r--- §II 1--- 1-- 1-- r--- 1-- 1--r--- --v I--t--- - 1-- -- \- gr= ~ t:::: 0 c g, "' .:.: VI :::1"0 u ,-- !== t== ~ :!!:::~ ~ .... 0 o., t= :rt I I -- ~~L~~~~~--------~--------------------======~ I u..- c;}rJrfS· '/J (/;) F- J (J • (JS' 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 Spe<ial Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable fonn stating: (i) the date presented; (ii) the name ofthe anraction(s) appearing; (iii) the "Gross Revenue" of the event. '"1Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale oftickets for each Special EvenL If there are no monies from the sa1e of tickets, ~·Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) fue license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreemen~ LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (t) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or infonnadon of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LJCENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. 5. Breach or Default Upon any breach or defuulr by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said tlJirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refimd on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to tenninate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP•s operations as the result of any law in the state, terrirory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. !n the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned lkense fees paid in advance. -------·····~~-----~- -- AS CAP 2005 RATE SCHEDULE FOR LOCAL GOVERJ\TMENTS SCHEDULE A Base License Fee POPULATION BASE LICENSE FEE 50,000 $ 268 50,001 75,000 537 75,001 100,000 644 100,001 125,000 860 125,001 150,000 1,074 150,001 200,000 1,396 200,001 250,000 1,718 250,001 300,000 2,041 300,001 350,000 .......... I 2,364 350,001 400,000 2,686 400,001 450,000 3,008 450,001 500,000 3,331 500,001 plus 4,082 plus $500 for each 100,000 of population above 500,000 to a maximum fee of$53,714. SCHEDULE B Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events 11 means musical events, concerts, shows, pageants, sporting events, festivals,. competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalffi·om the sale of tickets for each Special Event. If there are no monies from the sale of tickets, 11 Gross Revenue 11 shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be $268. License Fee for Year 2006 and Thereafter · For each calendar year commencing 2006, all dollar figures set forth in Schedules A, Band C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index- All Urban Consumers (CPJ-U) between the preceding October and the next preceding October. Any additional ilcense fees due resulting from the CPl adjusttnent shall be payable upon billing by ASCAP. ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3912 1-800-505-4052 770-805-3475 (Fax) 11Policy - Local Governmental Entities City of Muskegon, Ml ~City of Muskegon, Ml Premise Address: 933 Terrace St. Mailing Address: P.O. Box 536 City, State Zip: Muskegon, Ml 49440 City, State Zip: Muskegon, Ml 49443-0536 Phone: 231-724-6724 Fax: 231-722-1214 !JMain Contact Mr. Bryon Mazada Account Num: Role: City Manager ALM: Jennifer Chadwick Phone: 231-724-6724 TLM: Jennifer Chadwick Identified By: TLM District Status: New Prospect Factors Values Rate Start Date: 04/01/2005 Rate End Date: Charge Freq: Annual Seasonal Start: Seasonal End: Exception: Yes Total Rate: $268.00 Billing Information ] I Year Rate Site Information Audio AudioNisual Number Speakers: Number of Units: Type of Speakers: Size of each Unit: Square footage: Size of Screen: Receiver Location: Projection: Wiring: Self-contained speaker? Paging Capability? Extension speaker? VCR present? Type of programming: Comments: OverQuota©- IVIFJ International Aloc3l Government Needs A license to Pl3y Music Some Copyright law Basics: The Constitution authorizes Congress "to Promote the Progress of Science and the Useful Arts" by granting ~lffitu_sjJ<e rights to authors. This insures that creators can earn a living from their work and provides incentive for the creation of more works. The Copyright Law of the United States, Title 17 USC, establishes property righls in musical works and grants creators and owners of copyrighted musical works the exclusive right to perform or authorize the performance of their works publicly (17 U.S.C. 106(4)). This means that, generally, other parties cannot publicly perform or authorize others to perform copyrighted works without the permission of the copyright owner. Also, as the case with other property rights, the owner has the right to be paid for the use of his property. What Is a public performance? The Copyright Law defines a public per- formance as one "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." Performances transmHted or otherwise com· municated by means of any device or process {for example via broadcast, telephone wire, or other means) to the public are also public performances (17 U.S.C. 101). The law requires users to obtain authorization not only for per- formances by live musicians, but also for performances by mechanical means including videotapes, CO's, tapes, music on hold, karaoke, jukeboxes and radio and TV reception. What Happens II You Play Copyrighted Music Without Permission? II you choose to use someone's musical property wHhout permission, the law provides that a court can assess damages from a minimum of $750 lor each work Infringed, require you to pay the copyright owners' attorney's tees and court costs, and enter an injunction against you. Why Are You Responsible lor Obtaining a license? Under the law, owners or operators of facilities or presenters of concerts and other events are responsible for performances on their premises. Technically, everyone who par- ticipates in an infringing performance is liable and copyright owners can sue the event presenter or owner of an establishment as well as the members of the band or the disc jockey who actually gave the unauthorized performance. In practice, the owners and presenters obtain licenses as a cost of doing business. ~CAP and the lntemational Municipal lawyers Association How do you obtain a license? 11 is impossible for copyright owners to know of every con- ceivable use or performance of their works, and it would also be difficult for users of music to locate all the copyright owners and negotiate licenses for all of the works that might be used. So, composers and publishers of musical works authorize collective licensing organizations like ASCAP to locate and license public performances of their works. ASCAP, the American Society of Composers, Autllors and Publishers, makes giving and obtaining permission to perform music simple, providing a valuable service to businesses and creators alike. ASCAP is the largest per- forming rights organization in the world, made up entirely of composers, songwriters and publishers. Why Should You Obtain lhe ASCAP License Agreement for Local Governments? Local governments have obtained many different licenses from ASCAP for decades, but IMLA and ASCAP found the current licensing system was burdensome and left local governments vul- nerable. Under the old system, each potential use of music (and you can see from this brochure there are many!) needed to be identified and separately licensed. One local government might have many different licenses each with different reporting and payment requirements, tee struc- tures, levels and types of coverage, and effective dates. And there may be significant gaps in coverage raising the potential for copyright infringement liability. What Are the Benefits of the Agreement? The ASCAP License Agreement for Municipalities and Governmental Entities - the product of negotiation between IMLA and ASCAP - provides simple, fast, comprehensive and affordable access to every variety ot music you need to attract, entertain, enlighten and educate your citizens and visitors. • Access to, and the right to perform, any or all of the more than 8 million works of the more than 110,000 ASCAP composer, lyricist, songwriter and publisher members and the repertories ot nearly 60 affiliated societies worldwide. • Immediate access to contemporary music as soon as it is written or published...At no addi- tional cost! • Saves the time, expense, paperwork and trouble of contacting and negotiating separate permission tor each musical work that may be performed during the year. • Helps prevent even inadvertent infringements on the rights of ASCAP members and foreign affiliates. --------·-~---------- ------- ---- ASCAP License Agreement What Is Covered? The license agreement covers almost all non-dramatic performances you present both on government property and at functions and events at other locations. These Include live performances, recorded performances (COs, tapes, radio and television over loud- speakers), and music on hold (ASCAP's licenses with radio stations do not cover your music on hold transmissions). Does the License Cover All Uses of Music By Our Government? The license provides broad coverage for just about any public performance. But copyright owners enjoy a number of separate rights, including performing rights, recording rights and the right to reproduce (print) and distrib· ute copies of their works, so rental or purchase of music does not authorize its public performance. Also, ASCAP members only grant ASCAP the right to license non-dramatic public performances of copyrighted music in the ASCAP repertory, so "dramatic" or "grand rights" per· formances are not covered. As it did with IMLA, ASCAP has negotiated comprehensive licenses with representatives of other industries. Those licenses should cover your performances in those areas - so to avoid dupllca· tlve coverage, the Local Government license excludes those performances. For example, ASCAP and the American Council On Education and the National Association of College & University Business Officers negotiated a model agreement which almost all U.S. colleges & universities have obtained. Similarly, radio and television broadcasts, cable, satell~e and Internet transmis· sions are also separately licensed (although some of your closed circuit or intranet transmissions are covered by the new license). Finally, performances at theme and amusement parks, by pro· fessional sports teams or at professional sports events, and by symphony orchestras, are licensed separately. W~en and How Are Fees Paid? A base annual fee based on population covers almost all govern· ment sponsored or presented performances. In add~ion, a separate Special Event fee is paid 90 days after major events that have very high ticket revenue. ASCAP and IMLA agreed on this dual fee to keep the base license fee low and reasonable for all government entities. Only those local governments that present major events pay additional fees for those events. How does the Special Event lee work? You pay license fees, based on "gross revenue" for ali "special events" you present. Special events are those with "gross revenue" in excess of $25,000. "Gross revenue" means all monies you receive or Is received on your behalf from the sale of tick- ets for each special event. If there are no monies from the sale of tickets, "gross revenue" means contributions from sponsors or other payments received. You are not required to keep track of the music performed at each special event, but you should send copies of any available programs. The program information you furnish helps us properly pay royalties to the composers and publishers whose works you have presented. Where Do the License Fees Go? Over 84 cents of each dollar we collect goes right back to our members and to the members of affiliated foreign societies whose works are represented by ASCAP in the U.S. Who Reports and Pays For Co-Promoted Special Events? If you present, sponsor or promote a special event with someone who is licensed under an ASCAP License Agreement, you will still need to report that event and provide the name, address, phone number and ASCAP account number of the other party. You must also let us know who will be responsible for payment. If the other presenter is not licensed by ASCAP, then you will be responsible for paying the license fee due - even if you have an agreement to the contrary with the other party. Must You sign an ASCAP local government license agreement? No, but you must obtain authorization to perform our members' music. You can also obtain permission directly from the copyright owner. But ASGAP provides a valuable service to governments, businesses and organi· zations that use copyrighted music-by helping you easily meet your obligations under the Copyright Law. In short, the ASCAP license is music to everyone's ears. Are Changes to the Model license Agreement Permitted? The provisions of ASCAP's license agreements are uniform and do not vary for licensees making similar use of ASCAP's members' music. The reason for this is that ASCAP's licensing activities are largely governed by a consent decree entered in a federal antitrust action, UDi\e_d_S_ta_te_s_ v. ASCAP, and one provision of that decree prohibits ASGAP from "[e]rrtering into, recognizing, enforcing or claiming any rights under any license ... which discriminates in license fee, or other terms and conditions between licensees similarly situated ..." Simply put, modification of the license agreement may well expose ASCAP to a claim of dis· crimination asserted by other licensees with wham we have executed the same form of license agreement. However, we recognize the special legal reQuirements of municipalities and other gov· ernmental enttties, therefore, the agreement permits modifications such as the inclusion of equal employment opportunity statements and other p;ovisions that are required by local or state law. What If You Believe ASCAP's Faas Ars Unreasonable? Any music user who thinks the fee for an ASCAP license is unreasonable may ask the U.S. District Court for the Southern District of New York to determine a reasonable fee by instituting a proceeding in that court. For more infer· mation on this process, your attorney should contact ASCAP's Legal Department in New York. Apr 19 05 .o2:41.P JenniFer Chadwick 518-271-1179 P· 15 g ASCAP LOCAL GOVERNMENT FACT SHEET Benefit of License: 1 Comprehensive Agreement - 1 annual fee & single report ! Covers almost any municipal activity Removes potential liability - Automatically covers additional uses without extra fees/reports"* Cheap- cost less than individual rates **Monitoring or Tracking only of events with gross revenue in excess of $25,000.00 What's Covered: 1.) All Government Owned Buildings & Property Examples: - Background Music in Municipal Buildings -Airports - Music On Hold in Municipal Buildings - Museums - Employee Functions, parties - Ice & Roller Rinks - City Buses & Trains - Skate parks - Libraries - Zoos & Aquariums -Swimming Pools 0/lfater Aerobics) - Hospitals - Municipal owned shops - Carousels - Senior Center Dances & Classes - Public Parks -Golf & Tennis Center Snack Bars - Community/Recreation Center Activities {Dances, classes) -Arena & Convention Centers (when not "rented out" to others) 2.) Also covers events sponsored by or presented solely by municipality: Examples: -Arts & Crafts Fairs - Parades - Festivals - Concerts -First Night/New Year's Celebrations -Carnivals - Amateur Athletic Leagues - City Sponsored Conventions - Non-exempt elementary & secondary school performances Restrictions/Not Covered: Examples: - Coin-Operated Jukeboxes Performances by or at Colleges & Universities Performances at any professional sports event/game - Theme & Amusement Parks - Community or Symphony Orchestras - Conventions presented by outside entities Broadcast radio or TV, Cable, Satellite or internet (except closed circuit) Date: May3, 2005 To: Honorable Mayor and City Commissioners From: Public Works RE: Purchase of Garbage Carts 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 $41.00 per cart for a total of $22,632.00 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. Page 1 of2 Garbage Cart Purchase 2005 Public Works Memo To: Robert Kuhn, Public Works Director From: Bob Fountain CC: Mohammed AI-Shatel, Deputy Public Works Director Date: May 3, 2005 Reo Quotations on Replacement Garbage Carts Our inventory of replacement garbage carts has dropped below 100 and we are issuing 1-2 carts every day or so. So we need to order another truckload of carts since the lead time to build and ship carts is 4-5 weeks. We are budgeted in the Sanitation budget for $21,000 to purchase carts. I have obtained bids from the two vendors we have used in the past. Both vendors have raised their prices. The low bid is $22,632 from Rehrig Pacific Co. which is $1632.00 over what we budgeted. We have some savings in our budget for Sunset's contract price for garbage collection that can cover the amount of this purchase that is over the amount we budgeted. The inflation rate for 2004 was 2.2% which is lower than the 2.5% that we anticipated in the budget. We will save about $3200.00 on the cost for collection in 2005. This will cover the additional $1632.00 that the carts will cost over our budgeted amount. I recommend that we make this purchase now. Bid Summary Company Address Unit Price per Cart Total Price Rehrig Pacific Co. Lawrenceville, Georgia 41.00 22,632.00 (552 carts) Bell Equipment Co. Grand Rapids, Michigan 48.27 25,341.75 (525 carts) Page2 of2 CITY COMMISSION MEETING Tuesday May 10, 2005 TO: Honorable Mayor and City Commissioners I FROM: Anthony L. Kleibecker "?JC. . l ~ Director of Public Safety DATE: May4, 2005 SUBJECT: Request to Enter Into an Agreement with DOCVIEW, LLC. 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 as 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 RECOMMENDATIONS: Approval of this request. Service Agreement This Service Agreement is dated May 11, 2005 BETWEEN: DOC VIEW, LLC of 4940 Contec Drive, Lansing, Michigan 48910 AND- Muskegon Police Department of980 Jefferson Street, Muskegon, M149443-0536 herein "Police Department") IN CONSIDERATION OF THE COVENANTS and agreements contained in this Service Agreement, the parties to this Agreement agree as follows: Responsibilities and Compensation for each Partv 1. The Police Department will accept a Maximum Compensation Rate of $5.50 for each report downloaded by an Insurance Company. $5.50 compensation will also be provided to the Police Department for any report that is downloaded by a citizen or other entity (including Insurance Adjusters, Law Firms, Road Commissions, or other government agencies where fees are assessed, etc.) Compensation checks will be sent monthly or on a quarterly basis dated January 15th, April 15th, July 15th, and October 15th. This compensation will be provided to the Police Department from DOCVIEW, LLC via check or direct deposit. All participating Police agencies have free access to the reports that are scanned to the TRACView system. 2. The Maximum Compensation Rate is also based upon a View Ratio. On a monthly basis, the View Ratio is calculated by dividing the total number of paid reports viewed by the total number of reports scanned. If the View Ratio is over 60 percent, the Maximum Compensation Rate is issued. If the View Ratio is 30-59 percent, the Compensation Rate is $1.00 less per paid view. If the View Ratio is 11-29 percent, the Compensation Rate is $2.00 less per paid view. A View Ratio of 10 percent or less results in zero compensation. 3. DOCVIEW, LLC reserves the right to charge the Police Department $0.25 cents or the actual cost (whichever is least) for the indexing of each accident report. Any charges assessed to the Police Department for indexing would be deducted from the compensation that is provided to the Department on a quarterly basis. 4. The Police Department will direct all Insurance Companies and other entity requests (including Insurance Adjusters, Law Firms, Road Commissions, or other government agencies, etc.) for traffic accident reports to the TRACView system. 5. The Police Department understands that any legally documented Insurance Agency, Law Enforcement Agency or other entity deemed appropriate by the Police Department and DOCVIEW, LLC may access the traffic accident images. This waiver is acknowledged by the Police Department authorized agent by signing this agreement. Excuse for Delay or Failure to Perform 6. The DOCVIEW, LLC will not be liable in any way for a delay, non-delivery or default due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the DOCVIEW, LLC or its partners and suppliers. Cancellation 7. DOCVIEW, LLC and the Police Department reserve the right to cancel this Agreement. DOCVIEW, LLC and the Police Department will provide notice of cancellation to each other 30 days prior. If equipment is provided by DOCVIEW, LLC and cancellation occurs within the first year, all equipment must be returned. If the Police Department does not notify the DOCVIEW, LLC prior to the end of the first year, this agreement will be extended for succeeding one year periods unless either party notifies the other in writing at least 30 days prior to cancellation. Notices 8. Any notice to be given or document to be delivered to either the DOCVIEW, LLC or Police Department pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified above. Governed 9. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan. Arbitration 10. If any clause of the Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of the Agreement will remain in full force and effect. Scope 11. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. Risk of Loss 12. Risk of Loss will be the responsibility of the Police Department from the time of scanning to TRACView. The Police Department may at its expense, request backups of the data. DOCVIEW, LLC will send a DVD of the data upon receipt, in writing, from the Police Department. IN WITNESS WHEREOF the parties have executed this Service Agreement on this date: May 11,2005. DOCVIEW, LLC ~o~ Witness ~ L . I~ An ony L. Kletbecker Director of Public Safety Muskegon Police Department View TRaffic ACcident Imaging Solutions What is TRACView? TRACView is an Internet based application that was developed to help police departments and insurance companies manage and access traffic accident reports in a more efficient manner. Through the use of cutting edge online document management technology, you are now able to rapidly find and view an accident report usually within 48 to 72 hours of when the accident occurred. Now you can access these reports over the Internet, 24 hours a day! TRACView Benefits Include: • Flexible searching tools help you find the report quickly and easily. • Reports are usually available within 48 to 72 hours of the accident. • PDF formatted , so you can view, save, print and email reports. • The system is accessible 24 hours a day, seven days a week. Eliminate misfiles Improve security Reduce fil ing equipment costs Eliminate need to access off- Improve workflow Reduce use of floor space site paper storage Increase file integrity Reduce staff requirements Eliminate need to re-file Increase productivity Reduce storage costs Eliminate problems associated Increase speed of retrieving Reduce supply costs with file non-availability documents Reduce time locating pages in Eliminate the backlog in the Increase the reproductive a file availability of documents quality Improve document control Reduce the barrier of old Improve marketing image technology Law Enforcement Agency ./ Traffic Accident Reports are scanned utilizing a Color duplex scanner provided by TRACView ./ Department is compensated for report writing and scanning ./ Police personnel can view accident information scanned by other participating police agencies ./ Time savings to record unit personnel can be re-allocated to support functions; crime analysis, court liaison, etc. Advantages to Citizens and Insurance Companies ./ Able to access reports 24/7 ./ Convenient monthly billing desired by private sector ./ Email notification of corrected/replaced reports scanned to system Phone: 866.394.0832 Email: info@tracview.com Date: April 26, 2005 To: Honorable Mayor and City Commissioners From: Finance Director RE: First Quarter 2005 Budget Reforecast SUMMARY OF REQUEST: At this time staff is transmitting 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. For the next meeting, an action item will be placed on the agenda for adoption of the second quarter 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 RE COM MEN DATl ON: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. 1 CITY OF MUSKEGON GENERAL FUND HISTORICAL SUMMARY Revenues & Expenditures & Fund Balance Year Transfers In Transfers Out at Year-End 1995 $ 16,633,179 $ 16,337,586 $ 2,322,307 1996 17,666,214 18,018,159 1,970,362 1997 20,437,646 20,358,321 2,049,687 1998 21,643,855 21,634,467 2,059,075 1999 21 ,451,681 22,011,881 1,498,875 2000 23,685,516 22,232,657 2,951,734 2001 23,446,611 23,235,978 3,162,367 2002 23,617,163 23,971,534 2,807,996 2003 23,328,756 23,705,334 2,431,418 '2004 23,401,793 23,388,019 2,445,192 Fiscal 2005 Budget Summary FUND BALANCE AT START OF YEAR $ 2445192 MEANS OF FINANCING: Taxes 14,173,925 60.8% Licenses and Permits 981,600 4.2% Fe·deral Grants 184,717 0.8% State Grants 17,000 0.1% State Shared Revenue 4,675,000 20.1% Other Charges 2,163,104 9.3% Interest & Rentals 217,053 0.9% Fines and Fees 502,000 2.2% Other Revenue 307,250 1.3% Other Financing Sources 80,833 0.3% 23,302,462 100.0% ESTIMATED REQUIREMENTS: Customer Value Added Activities 17,613,727 75.3% Business Value Added Activities 4,075,316 17.4% Fixed Budget Items 1 702 375 7.3% 23,391,418 100.0% ESTIMATED FUND BALANCE AT END OF YEAR $ 2 356 256 OPERATING DEFICIT (USE OF FUND BALANCE) $ (88,936) TARGET FUND BALANCE (10% PRIOR YEAR EXPENDITURES) $ 2,338,802 ESTIMATED EXCESS (SHORTFALL) vs. TARGET $ 17,454 City of Muskegon 2005 First Quarter Budget Reforecast - General Fund General Fund Revenue Summary By Source Original Budget Actual Through Revised Estimate Change From %Change From Actual2003 Actual2004 Estimate 2005 March 2005 2005 2005 Original 2004 Original Available Fund Balance- BOY $ 2,807,996 $ 2,807,996 $ 2,277,365 $ 2,445,192 $ 2,445,192 $ 167,827 $ 167,827 Taxes City income tax $ 6,542,355 $ 7,033,387 s 6,650,000 $ 2,246,485 $ 6,650,000 $ 0.00% Property taxes - general 4,212,477 4,702,417 5,482,822 965,525 5,482,822 0.00% Property taxes - sanitation 1,805,752 1,551,518 1,589,076 281,424 1,589,076 0.00% Property taxes - pass-through from LDFA II 157,632 0.00% Industrial facilities taxes 446,557 398,934 357,027 64 357,027 0.00% Payments in lieu of taxes 70,085 72,816 80,000 80,000 0.00% Delinquent chan::!eback collected 11 886 7968 15000 15 000 0.00% $ 13,246,744 $ 13 767,040 $ 14,173,925 $ 3,493,498 $ 14,173,925 $ 0.00% Licenses and perm its Business licenses $ 28,455 $ 33,835 $ 33,000 $ 3,490 $ 33,000 $ 0.00% Liquor licenses 36,427 35,681 37,500 6,961 37,500 000% Cable TV franchise fees 265,532 333,618 260,000 260,000 0.00% w Telecom franchise fees (Act 48) 32,024 0.00% Rental property registration 4,905 14,584 10,000 6,990 10,000 0.00% Property Maintenance Inspection Fees 91,360 46,625 50,000 2,910 50,000 0.00% Burial permits 103,564 102,702 110,000 23,617 110,000 0.00% Building permits 275,642 350,102 275,000 100,964 275,000 0.00% Electrical permits 125,718 103,989 100,000 45,249 100,000 0.00% Plumbing permits 50,030 50,711 45,000 9,249 45,000 0.00% Mechanical permits 94,013 66,682 60,000 12,110 60,000 0_00% Franchise fees 485 0.00% Cat Licenses 865 1,000 1,000 0.00% Police un re istration 1 110 28 100 100 0.00% s 1108 780 $ 1139,014 $ 980,500 $ 212.433 $ 981,600 $ 1,100 011% Federal grants Federal o~rational grant $ 2111597 $ 233,158 $ 184,717 $ 12,299 $ 184,717 0.00% $ 211,597 $ 233,158 $ 184 717 $ 12,299 $ 184,717 $ 0_00% State grants Act 302 police training grant $ 17,148 $ $ 17,000 $ 77 $ 17,000 0.00% perational Qrant 6,117 33, State shared revenue State sales tax ! 4 9381861 $ 4,6451348 $ . 4,688 657 $ - $ 4 675 000 (13,657) -0.29% $ 4,938,861 -~ 4,645,348 $ 4,1?_~8,6~--- ._$___4_&?~_.000 $ (13,657) -029% City of Muskegon 2005 First Quarter Budget Reforecast -General Fund General Fund Revenue Summary By Source Original Budget Actual Through Revised Estimate Change From % Change From Actual 2003 Actual2004 Estimate 2005 March 2005 2005 2005 Original 2004 Original Other charges for sales and services Tax administration fees $ 264.949 $ 228,801 $ 233,748 $ $ 233,748 $ 0.00% Utility administration fees 183,439 183,439 183,439 183,439 0_00% Reimbwsement for elections 30,648 15,626 13,000 227 13,000 000% lnd1rect cost reimbursement 974,894 1,012,708 1,035,617 172,602 1,035,617 0_00% Site-plan review fee 780 2,700 1,000 (4,200) 1,000 0.00% Sale of cemetery lots 18,233 17,324 20,000 3,085 20,000 0.00% Sale of oolumbarium niches 1,000 000% Police miscellaneous 83,060 64,684 70,000 16,273 70,000 000% Police impound fees 65,010 49,320 20,000 10,050 30,000 10,000 5000% Landlords alert fee 315 40 290 500 500 000% Fire protection-state property 45,965 45,423 42,000 30 42,000 000% Zoning fees 11,880 18,680 13,000 2,620 13,000 Q_QQ% Clerkfees 2,022 3,162 4,300 2,604 4,300 0.00% Clerk- passport fees 1,735 2,550 2,000 630 2,000 000% Tax abatement application fees 16,020 13,636 6,000 111 6,000 000% Treasurerfees 20,702 45,909 33,000 6,838 45,000 12,000 36.36% ~ Falsealarmfees 11,429 12,425 12,000 180 12,000 000% Miscellaneous cemetery income 21,763 24,722 24,000 939 24,000 0.00% Senior transit program fees 6,651 6,864 8,000 1,774 7,500 (500) -625% Township electrical services 11,410 13,608 0.00% Fire miscellaneous 13,297 18,163 20,000 815 20,000 000% Sanitation stickers 49,856 62,704 50,000 3,694 50,000 0.00% Lot cleanup fees 91,709 40,633 70,000 3,769 70,000 0.00% Reimbursements for mowing and demolitions 158,315 36,820 70,000 1,639 70,000 000% Special events reimbursements 30,610 101,822 100,000 4,219 100,000 0_00% Recreation program fees 116.174 105 895 126,000 4 590 110 000 (16 000) -12.70% $ 2,230,866 $ 2,128.~!!._ $ 2,157,10i___:ji._ 232,779_$____ :2;'-163,104 ~--- 6,000 0.28% Interest and rental income Interest $ 48,505 $ 17,275 $ 70,000 $ $ 70,000 S 000% Flea market 31,867 31,998 29,000 29,000 0.00% Fanners market 29,880 25,829 32,000 134 32,000 000% City right of way rental 4,400 4,400 4,400 2,400 4,400 0.00% Act.tertising Revenue 479 2,000 2,000 000% Parking rentals 6,017 3,245 5,000 700 5,000 0.00% McGraft park rentals 41,338 49,181 46,288 1,800 46,288 O.C.lO% other park rentals 27 400 28,838 28,365 8 538 28 365 000% $ '189,407 $ 160,766 $ 215,053 $ 14,051 s 217,053 $ 2,000 093% City of Muskegon 2005 First Quarter Budget Reforecast - General Fund General Fund Revenue Summary By Source Original Budget Actual Through Revised Estimate Change From %Change From Actual 2003 Actual2004 Estimate 2005 March 2005 2005 2005 Original 2004 Origmal Fines and fees Income tax. penalty and interest $ 194,562 $ 293,971 $ 190,000 $ 63,145 $ 190,000 $ 000% Late fees on current taxes 52,791 89,452 25,000 50,000 25,000 100 00% Interest on late invoices 549 877 2,000 2,000 0.00% Parking fines 71,698 100,425 100,000 36,422 100,000 000% Court fines 152 082 137 440 160,000 27 015 160,000 0.00% $ 471,682 $ 622,165 $ 477,000 $ 126,582 $ 502,000 $ 25,000 524% Other revenue Saleoflandandassets $ $ S 1,000 $ $ 1,000 $ 0.00% Policesaleandauctionproceeds 1,139 1,577 4,000 4,000 0_00% CDBG program reimbursements 234,073 291,983 400,000 2,880 250,000 {150,000) -37.50% Contributions 35,461 18,030 11,000 1,400 11,000 0.00% Contributions- Veteran's Park Maintenance 14,232 20,449 17,250 17,.250 0.00% Muskegon County Community Foundation 33,000 8,000 8,000 8,000 0_00% Miscellaneous reimbursements 1,000 1,000 0.00% '-" Miscellaneous and sundry 13 289 21,249 15.000 2 212 15 000 0_00% $ 331,194 $ _ _ ~61,288 $ 457,2el_Q ___~--- 6,492 $ 307,250 $ (150,000} -32.80% Other financing sources Operating transfers in Cemetery Perpetual Care $ 61,360 $ 46,209 $ 60,000 $ 8,433 $ 60,000 $ 0.00% Criminal Forfeitures Fund 10,000 10,000 000% Police Training Fund 0.00% DDA for Administration 10,000 10,000 10,000 1,667 10,000 0.00% Reese Playfield Fund 0.00% RLF for Administration 5,000 5,000 833 833 833 0_00% Budget Stabilization Fund 500,000 250,000 0.00% Hackley Park Memorial Fund 0.00% $ 576 360 $ 311 209 $ 80,000 $ 10,933 $ 80,833 $ 833 1.04% Total general fund revenues and other sources $ 23,328,756 $ 23,401,793 $ 23,431,206 $ 4,109,144 $ 23,302,482 $ (128,724} -0.55% City of Muskegon 2005 First Quarter Budget Reforecast ~General Fund General Fund Expenditure Summary By Function Actual As %Change Onginal Budget Actual Through %of Revised Change From From2005 Actual2003 Actual2004 Estimate 2005 March 2005 Revised Est1mate 2005 2005 Origmal Ougmal I. Customer Value Added Activities 40301 Police Department 5100 Saranes & Benefits $ 6,068,410 s 6,620,652 $ 7,158,057 $ 1,388,440 19% $ 7,158,057 $ 0.00% 5200 Operating Supplies 100,795 83,880 99,607 18,795 19% 99,607 000% 5300 Contractual Services 907,969 929,723 920,000 192,151 21% 920,000 0.00% 5<00 Other Expenses 15,774 27.620 38,000 3,618 10% 38,000 0.00% 5700 Capital Outlays 30,581 10,741 5,000 5,314 71% 7,500 2,500 50.00% 5900 Other Flnancina Uses N/A 000% s 7,123 529 $ 7 672.616 $ 8.220 664 $ 1,608.318 20% $ 8,223,164 2.500 0.03% $ 7 123.529 $ 7,672 616 $ 8,220,664 $ 1,608318 20% $ 8,223.164 ' $ 2.500 0.03% 50336 Fire Department 5100 Salanes & Benefits s 3.037,824 $ 3,094.164 $ 3,193,875 $ 672,713 22% $ 3,092,664 $ (101,211) -3.17% f) 5200 Operating Suppl!es 95,604 80,524 72,434 1(677 20% 72,434 0.00% 5300 Contractual Services 187,853 179,375 170,000 30,677 18% 170,000 0.00% 5400 Other Expenses 12.378 4,978 7.500 1,147 15% 7,500 000% 5700 Capital Outlays 98,132 241,967 45,000 16,134 36% 45.000 0.00% 5900 Other Financin Uses N/A 000% 3431791 3 601 008 $ 22% $ (101 211) $ $ 3 488 809 ' 735 348 3 387 598 $ -290% 50387 Fire Safety Inspections 5100 Salaries & BenefitS 761,792 $ 780,291 $ 5200 Operating Supplies ' 18.780 18,942 694,082 $ 20,000 155,450 2,983 20% ' 15% 785,488 $ 20,000 91,406 13.17% 0.00% 5300 Contractual ServiCes 152,279 189,915 208,242 22,570 11% 208,242 000% 5<00 Other Expenses 11,094 7,758 8,000 903 8,000 0.00% 5700 Capital Outlays 3,616 2,150 2,000 1,843 '"' 92% 2,000 0.00% 5900 Other Financm Uses N/A 0.00% 947 561 932 324 s 183 749 ' $ s 999.056 ' s 18% s 1 023 730 ' 91406 9,80% -0 22% ' 4.379 352 4.600.064 $ 4.421.133 919.097 21% s 4,411.328 ' (9.805\ 60523 General Sanitation 5100 Salaries & Benefits 75,757 67,480 5200 Operating Supplies ' ,09 ' $ 68,735 ' 13,693 20% $ 68,735 $ 0.00% 5300 5400 Contractual Serv'PCes Other Expenses 1,491,309 65 "' 1,461,415 1,476,815 228,483 N/A ""' N/A 1,476,815 0.00% 0.00% 000% 5700 Capital Outlays 41.399 21,000 0% 21.000 0.00% 5900 Other Financing Uses N/A 0.00% s 1.529,206_ _j__ _1,566,5~~ , .608,639 ' 242,1ZL___ 15% L_1,?66,550 $ 0.00°.1, City of Muskegon 2005 First Quarter Budget Reforecast • General Fund General Fund Expenditure Summary By Function Actual As %Change Original Budget Actual Through Revised From 2005 Actual 2003 Actual2004 Estimate 2005 March 2005 "" Revised Estimate 2005 Change From 2005 Original Original 60528 ReCYCling 5100 Salaries & Benefits 5200 Operating Supplies ' NIA $ NIA ' 0.00% 0_00% 5300 Contractual serviCes 230,058 159,996 163,527 26,537 16% 163,527 0.00% 5400 other Expenses WA 0.00% 5700 Capital Outlays 3,250 1,500 0% 1,500 0,00% 5900 Other Financin Uses NIA 0.00% s 60550 Stonnwater Management ' 233 308 159 996 $ 165 027 $ 26 537 16% $ 165 027 $ 0.00% 5100 Salaries & Benefits s 3,835 $ 2,310 s $ NIA $ 5200 Operating Supplies 501 NIA ' 0.00% 0.00% 5300 Contractual Services 2,569 9,806 13,917 6,353 39% 16,270 2,353 16.91% 5400 Other Expenses 75 NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financin Uses NIA 0.00% s 6,905 14._1!~1 13,917 ---- --.) 60448 Street lighting $ ' ' 6,353 39% $ 16,?_?_9_ $ 2.353 16.91% 5100 Salaries & Benefits NIA $ s 0.00% 5200 5300 Operating supplies Contractual ServiCes $ '" 504,832 $ 506,590 $ 533,600 ' 88,125 NIA 17% 533,600 0.00% 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays 3,850 NIA 0.00% 5900 Other Fmancln Uses NIA 0.00% s 509 524 506,590 s 533 600 $ 533 600 s 60707 Senior Citizen Transit ' 88,125 17% $ 0.00% 5100 Salaries & Benefits s 51,847 5200 Operating Supplies 38,746 $ 39,064 ' ' 8,466 17% $ NIA 49,847 ' (2,000) -3.86% 0.00% 5300 Contractual SeNices 10,140 10,140 10,140 1,950 19% 10,140 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other FJnancin Uses NIA 0_00% $ 48 886 49 204 61 987 $ 10 416 17% $ 59 987 £2000) -3.23% 60446 Community Event Support ' ' ' 5100 Salaries & Benefits s 34,581 s 1% s 5200 Operating Supplies 2,949 ' 29,594 2,563 32,500 2,750 $ 251 0% 32,500 2,750 $ 0.00% 0.00% 5300 Contractual SeNiees 17,574 9,764 30,470 198 1% 30,470 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 55 104 41,921 65,720 1% $ 65,720 s $ 2,462,366 $ $ 2,299,108 $ $ 2.406,801 's "' 374,056 16% $ 2,407,154 $ 353 0.00% 0.01% City of Muskegon 2005 First Quarter Budget Reforecast -General Fund General Fund Expenditure Summary By Function Actual As %Change Original Budget Acltlal Through %of Revised Change From From 2005 Actual2003 Actual 2004 Estimate 2005 March 2005 Revised Esttmate 2005 2005 Ongtnat Original 70751 Parks Maintenance s 5100 5200 Salaries & Benefits Operating Supplies ' 478,197 140,573 $ 445,710 $ 104,812 467,299 104,300 $ 81,045 6,873 17% 7% 467,299 $ 104,300 0.00% 000% 5300 Contrac:tual Services 586,465 590,526 505,716 50,422 10% 505,716 0.00% 5400 5700 5900 Other Expenses Capital Outlays Other Financing Uses "' 85,387 " 57,430 54,556 " 12 30% 0% NIA 50 54,556 50 000% 0.00% 000% s 70757 Me Graft Park Maintenance ' 1,.290,790 1,198,519 $ 1,131.871 $ 138.367 12% $ 1.131,921 $ 50 0.00% Salaries & Benefits 8,765 12,017 5100 5200 Operating Supplies ' 5,306 $ 2,396 $ 16.884 $ 4,500 964 0% 6% ' 16.884 $ 4.500 0.00% 0.00% 5300 Contractual Services 30,830 46,024 25,497 4,979 20% 25,497 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays 39 52 NIA 000% 5900 Other FinanctnQ Uses NIA 0 OO"..b s 44.940 s 60.489 $ 46,8a 1 $ 5,943 i3%s 46,8131 $ 0.00% 70775 General & Inner City Recreation 5100 Salaries & Benefits s 290,235 s 217,770 s 216,969 $ 27,343 12% s 226,969 $ 10,000 4.61% 5200 Operatmg Supplies 41,843 39,754 36,566 5,477 15% 36,566 0.00% 5300 Contractual servtc:es 123,619 90,280 98,534 8,680 9% 98,534 0.00% 5400 Other Expenses 6,967 3,042 3,800 572 15% 3.800 0.00% 5700 Capttat Outlays 2,127 32 NIA 0.00% 5900 Other Financing Uses NIA 0.00% "' 70276 Cemeteries Maintenance ' 464.791 350,878 s 355,869 $ 42.072 11"%$ 365.869 $ 10.000 281% 5100 Salaries & Benefits s 205,975 s 196.792 s 203.549 s 32,533 16% $ 203,549 s 000% 5200 Operating Supplles 10,846 12,079 17,169 366 2% 17.169 0.00% 5300 Contractual Services 2.51,300 249,830 227,750 14,459 6% 227,750 000% 5400 Other Expenses 751 "' NIA 000% 5700 5900 Capital OtJtlays Other Financing Uses 41,908 510.780 23,461 482dQ9_ S 16,490 464c!:l~8 " 47,389 0% NIA 10% $ 16.490 464,958 0.00% 0.00% o:oci% 70585 Parking Operations ' $ S S 5100 Salaries & Benefits 18.010 2.168 s 1.456 83% $ 0.00% .5200 Operating Supplies ' 1,738 $ 199 3,000 $ 0% 1.750 3.000 $ 1,750 0.00% 5300 Contractual Servrces 235,608 24,974 32.040 4,517 32,040 0.00% 5400 Other Expenses ""' NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financing Uses N/A 0.00% 255,356 s s 4.99% 70357 Graffitti Removal ' $ 27,341 $ 35,040 5.973 16% $ -· 36,790 1,750 5100 Salaries & Benefits 000% 5200 Operating Supplies ' ' 513 ' 1,000 $ N/A $ 0% 1,000 $ 0.00% 5300 Contrac:tual Services 4,089. 4,000 0% 4.000 000% 5400 other Expenses NIA 0.00% 5700 Capital Outlays NIA 000% 5900 other Financing Uses NIA 0.00% s 4~602 $ 5,000 $ 0% $ 5,000 s o:oo% 70771 Forestry 5100 Salaries & Benefils s 103,509 $ 68,860 $ $ N/A $ $ 0.00% 5200 Operating SupPlies 8,075 2,971 NIA 0.00% 5300 Contractual Services 21.692 14,289 NIA 0.00% 5400 Other Expenses 940 493 NIA 0.00% 5700 Capital Outlays 2,458 906 NIA 0.00% 5900 Other Financtng Uses ~ 0.00% 136,674 $ 87.519 $ s NIA S s 0""00% 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 Aetual2003 Actual2004 Estimate 2005 March 2005 Revised Estimate 2005 2005 Original anginal 70863 Farmers' Market & Flea Market 5100 Salaries & Benefits $ 30,792 $ 30,972 $ 21,867 $ m 1% $ 21,867 $ 0.00% 5200 Operating Supplies 465 402 280 0% 280 0.00% 5300 Contractual Services 14,462 16,678 8,000 833 10% 8,000 000% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays 225 NIA 0.00% 5900 Other Financing Uses NIA 0.00% s 'O:Oo% '' 45,944 $ 2,749,275 $ 48,052 $ _2.259,700 $ 30,147 2,069,766 $ $ 1.010 240,754 3% $ 12% s 30.147 2.081.566 s 11.800 057% 80387 Environmental Services 5100 5200 Salaries & Benefits Operating Supplies $ 181,136 7,859 ' 125,553 $ 4,744 105,855 $ 6,500 18,702 325 18% $ 5% 105,855 6,500 0.00% 0.00% 5300 Contractual Services 281,831 266,724 196,500 7,146 4% 196,500 0.00% (D 5400 Other Expenses 189 500 0% SOD 0.00% 5700 Capital Outlays 3,396 35 3,000 0% 3,000 0.00% 5900 Other Financing Uses NIA 0.00% 474 411 397 056 $ 312 355 26 173 8%$ 312 355 o:Oo% ' $ ' $ ' 474,411 $ 397 056 $ 312 355 ' 26,173 8% $ 312.355 $ 0.00% 10875 Other- Contributions to Outside Agencies Muskegon Area Transit (MATS) $ 80,163 $ 80,164 $ 80,500 $ 56,173 70% $ 80,500 $ 0.00% Neighborhood Association Grants 29,308 24,776 25,000 0% 25.000 000% Muskegon Area First 42,000 20,000 45,660 0% 45,660 0.00% Veterans Memorial Day Costs 7,898 8,022 8,000 0% 8,000 0.00% WMSROC ·Muskegon Area Plan (MAP) NIA 0.00% Institute lor Healing Racism 3,000 1,000 1,000 0% 1,000 0.00% MLK DNersity Program 1,000 1,000 1,000 0% 1,000 0.00% Muskegon Area labor Management (MALMC) 1,000 1,000 1,000 0% 1,000 0.00% Muskegon County and Humane Society· Feral Cat Contro 17,890 11,332 16,000 0% 16,000 0.00% 01"" ContributionsToOutsideAgencies S 182,259 $ __ 147,294 $ 178,160 S 56,173 NIA 32% $ 178,160 $ 0.00% o:oo%" $ 182,259 $ _____!~?,294 $ 178..!§Q__$____ 56,173 32% $ 178,160 $ 0.00% Total Customer Value Added Activities s 17,371,192 $ 17,375,838 $ 17,608,879 $ 3,224,571 18% $ 17,613,727 $ 4,848 -- 0.03% As a Percent of Total General Fund Expenditures 73.3"A. 74.3% 75.3°A. 78.0% 75.3% 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 Est1mate 2005 March 2005 Revised Est1mate 2005 2005 Onginal Ongmal 1/. Business Value Added Activities 10101 City Commission s 0.00% 5100 5200 Salaries & Benefits Operatmg Supplies ' 59.698 9,367 $ 61,918 14,894 ' 62,658 $ 13,500 12.935 21 21% s 0% 62.658 13,500 0.00% 5300 Contractual Serv~s 28,258 3,517 5,000 104 2% 5,000 0.00% 5400 Other Expenses 6,126 2,427 6,000 500 8% 6,000 0.00% 5700 Capital Outlays 480 500 0% 500 0.00% 5900 Other Financin Uses NIA 000% 103 449 67 658 13 560 15% $ s 10102 City Promotions & Public Relations ' ' 63236 ' ' 87.658 0.00% 5100 5200 Salaries & Benefits Operating Supplies $ 2.643 ' 546 . ' ' 9 N/A $ 9% 100 ' 100 000% 0.00% 5300 Contractual Services 27,909 9.533 15,186 124 1% 15,Q88 (tOO) -0.66% 5400 Ot!ler Expenses 397 NIA 0.00% 5700 Capital Outlays NIA 0.00% , 5900 Other F111ancin Uses NIA 000% ) 10172 City Manager ' 30,552 ' 10.476 $ 15,1~8 ' 133 1% ' 15.188 ' 0.00% 194,094 46,529 5100 5200 Salaries & Benefits Operating Supplies ' 182,226 1,846 ' 1,421 ' 198,312 2,000 ' 125 23% $ 6% 196,312 2.000 ' 0.00% 0.00% 5300 Contractual Services 2,609 2,496 3.200 336 11% 3,200 000% 5400 Other Expenses 1,646 1,197 2.000 175 9% 2,000 0.00% 5700 Capital Outlays 687 0% 687 000% 5900 other Financin Uses N/A 000% 199 208 $ 206 199 s 47 165 s 206 199 000% 10145 City Attorney ' 188 327 ' 23% ' 0.00% 5100 5200 Salaries & Benefits Operating Supplies ' 869 ' 819 ' 1,000 ' N/A S 0% 1,000 ' 000% 5300 Contractual Services 383,732 428,310 400,000 117,629 29% 400,000 0.00% 5400 Other Expenses NIA 000% 5700 Capital Outlays NIA 0.00% 5~-- othe.!_Financing U.!i"'.~ - - - · ---····---- N>A 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 Expendii<UIO$ 5Hn s.,taries & Beno:fi\s 0p<!fllfing Supp~es • 486,434 129,511 $ 651,827 1::20,889 s 452,272 $ 110,000 148.806 3,508 >0% 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<Jfleing Special as;essments $ 345,052 $ 321,050 $ 400,000 s $ 400.000 $ O.C.:J% Federal graots 0.00% Stille shared revenue 0.00",1, Ch~rges for sef\liees 0.00% ln!ere:;t income 66,211 60,546 50,000 3,287 50.000 0.00%' Operating lr.lnsfen; in 89,2111 238,511 30,000 30,000 0.00% FROM STREET RJNDS FOR HANDICAP RAMPS 1,576,012 0.00".1. "'"" 2,078,493 $ 620,107 $ ~0.000 $ 3.287 $ 480,000 s 0.00% ~ ~~· ap.r•trog E~tures -...J Sabries & Benelits $ $ $ $ N<A $ $ 0.00% ""' Operating Supp~es ""' WA O.O:l'Jo ""' Contractual Ser>.iees 1,013 WA 0.00% ""' S700 Olh!Y Expenses Capital OUtlays N<A WA 0.00% 0.00% S900 Other Financing Uses 291,956 454,578 408,333 274.178 57% 408,333 0.0004 DEBT SERVICE ON SIDEWALK ASSESSMENT BONDS $ 292,969 $ 454,578 s <108.333 s 274,178 6>% $ <108,333 s 0.00% 90000 Project Expenditures Operabng SUpp~es $ $ • $ $ N<A $ $ 0.00°..1. ""' 5JOO Contr.~cluill Sef\ices 697,829 174.119 200,000 3,415 2% 200,000 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL ""' S900 other Expenses other Financing U$e5 N<A WA 000% 0.00% 697.629 s 174,119 s 200,000 s 3,415 2% $ 200,000 $ 0.00% 990,598 $ 628,697 s 008,333 $ 2n,593 <'% $ 608,333 0.00% AYlllilllblo fU'Id Balance- EOY $ 1.032.893 s 1,024.303 s 788,062 s 749,997 $ a95.970 s 107,908 City of Muskegon 2005 First Quarter Budget Reforecast -Non-General Funds Adu;o!As %Ch,.nge Original Budlil"l Aetv:ol Thra:gh RC'IIised Est<m~e Changt: From Ad.ual2004 fran 2005 Comments Ad.Uilll2003 Estlmate2005 """'""" '"" Re...,;s.e<l """ 2005 Orig&-.31 Ong1n;JI 404 Public lmerovement Fund Avail obi• F..,d Bahn:e. BOY s 985,797 $ 1,408.432 $ 553,783 s 926,621 s 926,621 s 372.838 MOMS or Fin.,c:ing .spec:i:;a! asse$$ments s s s s s s 0.00'14 Property13.111!S 000% Federal~r.~nts 000% Sl:~egr.~nls 390,600 0.00% C<::r>tnbutions 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% ""' S<OO Other Elcpemes N'A 0.00% "00 Capital Outloiys NJA 000% ""' other finanei'lg Uses s 150,000 150,000 s 289,2<10 289,2<40 s "·"" 55,000 s 0% 0% s 150,000 155,000 s 100,0CXI 100,0CXI 200.00% 19182% URBAN I..AI\ID ASSEMBLY (Ul.A) LOAN PAYMENT .,... Project E•~rures Opcntmg &~w'es s s s WA s s ""' ' 1.890,535 1,117 0.00% 0.00% ""' S<OO Conl!'lletual S.Nices other Elcpenses 9."437 "" N'A 0.00% "00 Capital Oo.I!Qys 98,268 0% 975.000 975,0C() 000% FIRETRUCKS $800,000. FISHERW.N'S tANDING s s 1,117 s g1s.ooo s 97S,IX'IO 107,705 257,705 $ 1,800.535 2,179,775 $ s 55,000 s 1,117 "" 0% s 1,130.000 """ 195<1.55% AvaiiiDI• Fl.l'ld Bal.nce • EOV s 1,408:432 s 926.621 s 804,763 s 970.023 s ~2.621 $ (402,162) City of Muskegon 2005 First Quarter Budget Reforecast - Non-General Funds Actual As %Change Original Sur:lget Actual Through Revised Estimate Change fran Adua/2003 Adual2004 %of From :2005 Comments Estimate 2005 Mardi 2005 2005 Onginal Re..;s.ed '"'" Original 482 State Grants Fund AVlilOlblo F~d Balance· BOY • $ 1,519 $ 1,519 $ 1,607 1,607 $ $ $ " Mears of Finam:ing Special :assessments $ $ $ $ $ $ 0.00% State grants 882,403 1,015.519 2,975,000 42,531 2,975.000 000% Federal grants 262.&48 000% Sales of PrOj!«<y 0.00% Jntere<:t inoome 0.00% Op....ting transfers in 235,242 351.229 0.00% 25,000 29,9!!0 425.000 425.000 0.00% POSSIBLE BOND FOR LOCAL MATCH ""'" 1,142,545 s 1,659,576 $ 3,400,000 s 42,531 $ 3,400,000 $ 000% ~ 30936 Opera~ing Expenditures r.o ""' Salaries & Setu•lils Operating SuppUes $ $ $ ' NIA WA $ ' 0.00% o.oo•.o. ""' "'"' Contraetual Sel'\li.:es Other Elcpenses WA 0.00% 0.00% ""' Capital Outlays "" NIA 000% ""' TRANSFER TO LOCAL STREET FOR SMART ZONE INFRASTRUCl\JRE ""' Other Financing uses $ $ 2,802 2,802 $ $ NIA NIA $ $ 0.00% 000% "'"'0 Project Expendirurn Operating Suppfoes $ NIA 0.00% ""' C~aiScMoes ' 1,141,126 1,656,68B ' $ 111,160 $ ' 0.00% """ N<A 000% SEE~BUDGETEO CAPITAL IMPROVEMENTS" FOR DETAIL ""' Capital Outlays 1,1<41,126 $ 1,656,686 $ 3,400.000 3,400.000 $ 111,160 0% '% $ 3,400,000 3,400,000 $ 0.00% s 1,659,488 $ 3,400,000 s 111,160 '% 3,400.000 0_00% 1.141.126 ' Av.oil.t>le 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<Ot ESbmate 2005 Actual Thrcugh March 2005 %. Actual As Re.,;sed R""'sed Estimate 2005 Change l'r"'" 2005 OrigiP'Ial %Change From 2005 Ongrnal Comme1ts 594 Marina & Launch Rame Fund Avaitabl• Cash B~llne>• • 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 Cap<t;ol Oi:tb)'!O 2,000,000 "" 0% 2.000,000 000% 124.083 s Z7,717 s 2,000,000 s 2,000,000 $ 000% s s 2,261,677 s 26,440 0% ,% ' 2,267.242 368.292 321,650 ' O"% A...rlllbl• C.U. Sal.,.,•. EOY (20,982) $ s 30,213 8,495 s ' (24,263) 39,4&4 $ ' (30,999) City of Muskegon 2005 First Quarter Budget Reforecast -Non-General Funds .O,duaiAs %Change Origmal Bl.ldget Actual Through Revised Esl!mate Change From Comments Adual2003 Aclual2004 E!>lim:;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 Sp<!O~a=m..,ts $ $ • $ $ $ $ 0""' St•e g<<~~nt~ 000% Stille shared revenue 0.00% Ch.iorg!'S fer S«VK:!'S 612,766 569,1!72 569,872 94.978 "'"' 0.00% INTERDEPARTMENTAL RENTAL CHARGES tn1~511ncome Op~~ng '""""'"'rs "' 315 '" '" 000% 0.00% 177 000% "'''" " s 571,040 s s 95,372 56s.en s 0.00% ' 613.095 569,872 ' 60442 Oper•ing Exp.:l<ltur.s "" SIOO S..l;ories & Betlt'l'its $ 186,589 s 230,462 $ 214,644 s <12,865 "" $ 214,644 s 0.00".4 20.487 25,056 <11,201 25.056 000% ""' Q;:ocr;~ting Supp~es 21,924 36.nt "" 5300 Conlritdual So:Nices 259.163 240,712 264,$101 "" 264.901 0.00% ;,oo Oth«&:peor>se,. (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><penses 2.896 1.900 2.800 0% 2.800 0.00% ""' S900 Capita! Outlays Oth.,.. Finaocing uses 15.265 6.5H 9.700 '·"" "% WA 9,700 0.00% 0.00% Oth.,.. cash Uses ar1d Adjustments (e.g. Oebt Pnru:ipal) (to,on> 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<A • • 0.00% 0.00% 538.596 $ 526,042 $ 633,203 116.512 • 633.203 . "% 0.00% Av.oilollble CIIIISh Blll:anc:e • EOY • 88,869 $ 7-4.-410 $ "' 73.2-49 • 57.707 s 57.58-4 City of Muskegon 2005 First Quarter Budget Reforecast -Non-General Funds Actual As %Ch~nge OriQin2l Budget Actual Thrcugh RM-sed Estimate Ch;ange Frtrn Frc:m 2005 Adual2003 Adu:ai:20Q.4 %o' Comments Esbmate2CIJ$ Milfd> 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<lluros 19% 0,00% "00 ~l2ries & Benefits Op.,..bng Supplies ' 178.181 ,., $ "·"" 32,484 $ 6,190 32,484 $ -100.(.1:)% ""' N<A 5300 2<% Contnoctual SeNces other fxpen'<e'S 3.354,562 3,576.019 4,092,318 990,374 0% 4,142,318 "'·"" 0.00% ·99.S9% "00 5'00 C3pitll Q,JI!:oys "' 1,148 "" 0% "" ,00 0.00% 251,663 "" (4.675) WA -10000% """ Other FtnOOncOlg U$es Other C3sh Usesat~dAdjustmenls {e g. 216,202 344,262 WA 0.00% DeOt Pnru:i~:al) 3,750,599 s 4,202,274 s ... 125.802 s 991,889 4,175,802 s ...175,802 ' '"' ' 0.00% """ Project Expool'lditures Supp~es ""' Operating C~c!u:al Ser>.oices ' ' ' ' N<A N<A ' ' 0.00% ""' 5'00 C3pibl Oullays WA 0.00% 0.00% WA 000% ' ' ' ' ' 3,750,599 $ 4,202,:274 s 4,1:25,802 $ 991.889 "" ' 4,175,802 0.00% Alrtilabl• Cash Balanc•. E0Y so2.an s 6$4,597 s 1.095,S..2 s 301.946 7SO,O..S ' ' City of Muskegon 2005 First Quarter Budget Reforecast - Non-General Funds Actual As Revised Estimate % Cllang~ Original Budget Actual ThrougtJ Change Frcwn Adval2003 Actual200<1 %of 2005 from 2005 Comments Esijmate 2005 M•rch 2005 2005 Original Re..;:;ed Original 591 Water Fund Availeble Cash 8elanc•- BOY 4,189,460 $ 3,422,264 $ 4,428,812 $ 4,~68,l22 .ol,-468,122 $ 39,310 Moans of Finnncing Special :O.SSe$$menls 000% Federal grants 300,000 300,000 0.00% Stille gra111s -100.00% SHORELINE ORNE State shared revenue Q_OQO,(, Charges for services- C~y 2.936,177 2,989,444 "1,633,678 4,633,678 0.00% Charges for seNices- W.ole!<i~~.le 827,619 1,454,728 000,000 000,000 -S0.5B% Maintenance sel"o'ices • T a.mship 112,036 195,262 200,000 200,000 -77.78% 6illing seNices - T a.vnship 30,000 roooo 30,000 -70.00°.4 Interest in=e 51,889 38,947 25,000 25.000 -87.50% 26,977 26,917 Operating t"'nsfe~ in 54,624 ·100.00% ·100.00% NEWOEBT ISSUANCE "'"~ 165,92$ 9,669,860 ~.'Ci94246 ~ 6,115,655 6,1'15.655 30,000 22681 09% 30548 OPOrating Expencltur8$ Adrriristr<'lllion 5H'(l Salaries S Benefits N'A -UXLOO% Operating Supp~es 5200 5300 6400 Contractual Sefvice:; oth..- Expenses " 52<4.932 5,681 492,655 10,383 " 643,554 61,638 N'A 11% NIA 5-43,554 0.00% 0.00% 0.00% INSURANCEIINDIRECT COSTSIAOMINISTRATION FEE 5700 Capital Outlays N<A 0.00% '120,000 660,579 680,579 25.21% INTEREST ON WATER SONOS 5900 other Finandng Uses Other Cash Uses and Adjustments (e.g. Debt Principal) 436,560 (117,325) <424,560 <435,000 """ 0% <135,000 0_00% PRINCIPAL ON WATER BONOS ,.,.:> 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>cpens<!s N/A o.oo•.~o 5700 5900 Capital Outlays other Financing Uses "' NIA NIA 0.00% 0_00 .... 235.593 114,882 22,068 NiA '0:00% 60559 Operl:lling EllpenditurK Fillrl:llion 5100 satan.,_ & Benefits 520,119 5B5,202 612,705 112,229 18% 612.705 0.00% 5200 Operating Supplies 149,128 148,!:()8 12'1,200 30,139 "% 124.200 0.00% 5300 Contractual Soefviees 399.077 425.750 51,793 425,750 000% "00 Other Ocpenses 396,949 2,333 2,549 2,950 666 '"' 23% '2.950 ·99.52% 5700 Capital Outlays 17,928 52,831 45,500 3,221 7% 45,500 -63.37% 5900 Other Financi'lg Uses NIA -100.00% Replacement Reserve· DW<;F 290,000 0% 290,000 9730.51% 1,086,457 1,186,567 $ 1,5i5'G'O'S 198,048 i3% 1,50'i.'i05 ~ 90000 Proioc:t Expoonditures 5200 Op..-ating 5Jpplies WA ·100.00% 5300 Contractual SeMce:o 99'1,987 9.326.359 5,380,000 3,621,543 "" 5,410,000 30,000 0.00% Awill:ll>leCash 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'<I20QoC %o From 2005 Com>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<Smn<srr;o~ion "00 "00 Salaries & Benefits Op.nhng SupPlies ' ' ' ' N" WA $ $ ·100.00% -10000% Contractu:al ~c:es 295,9'25 ""' 5<00 Olh« Expenses 3B8,912 6,865 402,534 37,025 22,500 8% WA 2!15,925 0.00% 000% INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE "00 C~ii:IIIOUtlays WA 0.00% "'"' 011•• Fina~ll Uses Oth« C:ash Uses andAdjustmei'JI:S (II!- !I. 507,081 110,520 279,519 88.•2• ... 4•• 97 ~ ~ e.s.•24 -444,497 0.00% 50.21% INTEREST ON SEWER BONDS PRINCIPAL ON SE'NER BONDS Debt Prir'IO "' $ SI02.8S8 $ 829,69e $ 828.846 $ 22,000 >% $ 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<IIO Sprirlll (1000} Moll 0!1-.lopment(Weslem. Sotond. Fin~ Jdorson &Mo1lcol) AJ.Shot.! 175,000 24MOO Rocantllld ond SoM" Replt<omtnts "'" lillnhO"t DrNI, M<Cfo(kOil to Urlooln AJ.Shotlli 500,000 Ma.edto l<l'&l S~o.t Food "'" Po1~. YCRlng to l~llton (1400'} AJ.Shotel 250,000 Grant Nol Apprwed ''"" 91635 Shotolino Dri~o lr(ffl T011oco to Soulh..-n AJ.Shotol AJ.Shot.! 210,000 2.500.000 200,000 ;>,500,000 Ro<onslfu<;t, Sl55,000 SIP $lUIS milion gtlllll .,.., MOOT 95026 7""1homAvenu., Sixlh to Se,..oy AJ.S!lotol l50,000 525,000 Rooonstnx:l; $360,795 STP F~nds Stott Job~; (SIIWJ)' O.Wo Oil or South ll<amh oftheMukegon Rivt<) AJ.Shotol 30,1)()0 30.000 Loc&t PtltlicipotiM · I I 25% """ Welle<nAvenuo Enhoncomonl LEO frolic Sig~ol Retro!l BNbokOI·Ciorl!e AJ.Shot.! 720,000 720,000 120,000 Slllll 111d Shlls<opolrTl"a<M1onls;$577,000 Gronh "'" 2005 Sidowolk Rom~,lllry• AJ.Shotol """ 4,750,000 ~ 4,l50,000 203 Local Streets !l-1012 Dolo, McGrail to Ruddimon, Ot:ovoi (400') 94015 Evort,Allon \o Atnly, Gr""ol {330') AJ.Shotol '""' 50,000 NfW Con!lrut~cn (Gr""el Rood) 94009 Foir, Tonont1oA<I:fos.on, M~ling & Resurfac:ing(1380') AJ.Sha1ol '""' 90.000 50,000 90.000 N..., Coostru<lion (G<-Ivool Rood) 94004 Fitth Sl.rH~ Compuslo Morril (1100') 150,000 225.000 9MJOS lrelood, Fron~l"' lo Oo•i• {1200') AJ.Shotol 160,000 160.000 Roccnstrudicn 94006 p.,, Sl.rHI. Lolo.olon to Dole., t.!o11ng & Rtwr/ii~Ong (10001 100,000 50,000 Mil~ng & Rewrlldng 95059 2005 Sidewalk Rom~.Meys 15,000 15,000 93008 Moll DeVJiopmonl{~!lem, Sotorrd, f'lrl~ JofftH>orr &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 Roplo<ement Progom AJ.Shottl 200,000 200,000 404 Public Improvement Kinuid 800,000 ~ 976,000 ru State Grants Fund 100,000 100,000 94013 CMI SrtoAu.....,.nt Projo<:b 500,000 500,000 Noldfl~h $00,000 500,000 500,000 SO»OOO Nold.mh 94014 lobshc.. Trlit Phostl 1 000000 1 900000 S1,37S,OC(I Gtonl; $-42'5,000 local Match 3,400.000 3,400,000 95.000 96,000 94010 Hudw:~, SOI!Ihsmtofore:il 60,000 60,000 94005 lrel•!ld, f11n~ho Ia Divis {1200) AJ.Shohl 10,000 10.000 94001 Cloy,TeoncotoSpring(10001 AJ.Shot¥ 70,000 60,000 93003 Man Oe_.lop,..ot(Westtm, So ton d. FI<S~ Jdersorr &Morket) AJ.Sholol 93026 SOI!!homAvonu., Sixth to s...,.,oy AJ.Sholet ""'"' 75.000 450,000 75,000 9o4007 Fronk!.,, Lokolon to lrolond{1100') 10,000 10.000 AJ.Shotel so.ooo AJ.Shottl 110,000 Fundlldl;tfHOME AJ.Shotol so.ooo 50,000 C~tra.-11' hem 2004 150000 ~ 970,000 1,120,000 07 City of Muskegon 2005 First Quarter Budget Reforecast- Major Capital Projects 151 Quaner &11-J<'I 2nd a ... rur SU(Ig« ,.,.,., )"dQua<m C.:.mn"'!nls Rtlo~<nl 1\lltO~ItS\ Rd~~I:OI 2005 PROJECTS - ill "'" Water frftll SlrHl Campu•loMemll {1100') Hudwn, SOJihomto Fore<\ AJ..Shotll AJ.$1>0111 95.000 60.000 95.000 60.000 .... "'" ...,, llllolld, F<Wtin to llrvis (1200") INI!Im, Em.' aid toM~rphywjt)l HOME (1600') AI-Sh~ll AI-SI>o!ll 130,000 10,000 130.000 15,000 """ 91635 Cll'f, hmoe•toSpnng(1000} MIJ O.vol~nt{W.sjom, So<ond, Firol Jo!foto01111.Molllol) Sh~ino o.;...., frern TrrO<olo Solllhom AJ..Stt.tll AJ.S/\1111 AJ..Shtlll 100.000 :!00.000 10,000 ,.,... 125,000 10,000 Sww;u AJ..Shllll 75,000 75,000 S*""<:u """ SOJthm ,o,,.out. Si<lh lo Suway AJ.Shocll 100,000 """' Ftlllklin. Lillo tonto k•lond (Iilla) ImP"""'""'"' {CWRF) 100.000 4,500,000 4,5IXI,OOO 91012 Frltntion Plont Wo\11 D;otnbubon Mod II & IM.1 Ropot<""'nl vuto<~slo~i<lfU "'"' AJ..Sho\11 ---- S,:liiO.OOO 5.410,000 594 Hartshorn Marina HAI'IIhom Morini tmpr<N'I""'''" ''m 2.000,000 2.00J.OOO ill. Equipment Fund Polrlo Polrol Co/1(5). "'"" 110,000 120,000 &I Nwt Cn/i$ers, Bud""! Wll b F'<v., On• Ton Dump (l) Pia.. Tnx:k (2) "''" 75,000 150.000 75,000 150.000 Rtp!UIIII.,I "'"" 3l+l011'P><lrup(3) "'"" 75.000 75.000 Prc-•p•(4) Sl<ll!ls(3) "'"' 100,000 72.000 100,000 "'"" On•lon Flo! Bid{\) """" 35,000 35,000 POI'IobJo1\odio$ l'cli<o/Frro "'"" '·"" '·"" RadiO$ oPWPorloblo "''" '·"" ..... '·"" ..... Ru>.<>S OP'NE<iu<pmenl Li!tlt Ba~l(6) ...."'"" 12.000 .... So!tllrl.oRocoivors {J) ""'" '·"" '·""' Now CM• ...."'"" """ &5,000 .... """ 72'Mcw..- 16,000 Bocta.oo &5,000 65,000 fflCo"l'/111-01 """ 20.000 20,000 Rtplt~l ~ GPSR~'."''" "'"" """' 7i9,400 oot•oo Now 18.•~.4<10 ~ Commission Meeting Date: May 10, 2005 Date: April 28, 2005 To: Honorable Mayor & City Commission From: Planning & Economic Development Department t0G RE: Sale of 625 Ottawa Street excluding the ROW. SUMMARY OF REQUEST: To approve the sale of the vacant property at 625 Ottawa Street (parcel# 24-205-170-0004- 00) excluding the ROW for Shoreline Drive to MIJU Corporation, 2597 Memorial Drive, Muskegon, MI. The lot is currently 174 x 181 ft. with the ROW included and is being offered to MIJU Corporation for $3.22 per square foot. A survey of the property has been ordered. The amount of the square footage will be known at that time. This should be prior to the commission meeting. Mr. Frazier, owner of MIJU Corporation, will be utilizing this property for the adjacent business. Mr. Frazier has also signed a purchase agreement. ' (ab FINANCIAL IMPACT: d! 5~ ~Y3 I +--- 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 attached resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. COMMITTEE RECOMMENDATION: None 4/28/05 Resolution No. 2005-45(a) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A VACANT LOT AT 625 OTTAWA STREET IN JACKSON HILL NEIGHBORHOOD FOR $52,334.66. WHEREAS, Mim Corporation has signed a Purchase Agreement for the parcel designated as parcel number 24-205-170-0004-00, located at 625 Ottawa Street; and WHEREAS, the price for parcel number 24-205-170-0004-00 agreed to be $52,334.66, which is $3.22 per square foot excluding the ROW; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and WHEREAS, the sale is consistent with City Commercial Property policy. NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-170-01004-00, located at 625 Ottawa Street be sold to Mim Corporation for $52,334.66. SEE ATTACHED EXHIBIT A Adopted this 101h day of May 2005 Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis Nays: None Absent: None Attest: L~ Gail Kundinger, MMC City Clerk 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. CERTIFICATION 2005-45(a) I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on May 10, 2005. By: LLM~· Gail Kundinger, City Clerk REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made /~ @1tii 2005, by and between CITY OF , MUSKEGON, a municipal corporation, with o fices at 933 Terrace, Muskegon, Michigan 49440 ("Seller") and MIJU CORPORATION of2597 Memorial Drive, Muskegon, Michigan 49445 ("Buyer"). 1. 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: SEE ATTACHED EXHIBIT A 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 ofthe 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 Fifty Two Thousand Three Hundred Thirty-Four and 66/100 dollars. ($52,334.66). 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, including the December 2004 taxes. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Buyer has ordered 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. Survey. Seller at its own expense will obtain a survey of the Premises and bear the costs of same, and Seller 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 0:\Planning\COMMON\Property\PropertySales\Sportfisherman\sportfisherman purchase agreement. DOC 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 tennination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 6. 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 W AlVES 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 WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH SUBSTANCES ARE FOUND. 7. 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. 8. Closing. The City's obligation to close on this matter is contingent upon an acceptable appraisal. The closing date of this sale shall be on or before _ _ _ _ _ __ ("Closing"). The Closing shall be conducted at Land America Transnation Title Insurance Company, 570 Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 9. Delivery of Deed. Seller shall execute and deliver a Quit Claim Deed to Buyer at Closing for the Premises. 10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on _ _ _ _ _ _ _ _ _ _ ____ 0:\Pianning\COMMON\Property\Buildabte lot Sales\sportfisherman purchase agreement. DOC 12. 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 recorded 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. 13. 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 ofthis Agreement shall be binding upon the parties, their successors and assigns. f. Severability. In case any one or more ofthe 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. 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. 0:\Pianning\COMMON\Property\Buildab!e Lot Sa!es\sportfisherman purchase agreement.DOC The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: ~ (1...__.,1-<~L-u..~'>\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-,;J</·o<; STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH 17414 LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, MI 48909-7505 LOCAL APPROVAL NOTICE (Authorized by MCL 436.1501(2) and MAC ll05(2)(d)) Req ID: 273771 Date: December 16, 2004 To: MUSKEGON CITY COMMISSION 933 TERRACE STREET PO BOX 536 MUSKEGON, MI 49443-0536 Applicant: D & L OF MICHIGAN, LLC Home Address And Phone No: DARREN JACKSON, 2059 RICHMOND, NW, GRAND RAPIDS, Ml 49504 H(616)453-8507/B(616)791-9220 X121 LACY G. JONES, 245 EASTERN, SE, GRAND RAPIDS, Ml49503 H(616)451-6109/B(616)308-9676 Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of MCL 436.1916. For your convenience a resolution form is enclosed that includes a description of the licensing transaction requiring approvaL The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the Liquor Control Commission as soon as possible. If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- 1400. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS sfs LC-1305 REV 9117 4880-1234 I 27"377/ Mic.... ,Jan Department of Labor & Economic ~..-. vwth I -.;J"/-o<; LIQUOR CONTROL COMMISSION 7150 Harris Drive f7M P.O. Box 30005 Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1201 (4)] To: MUSKEGON POLICE DEPARTMENT Date: December 16, 2004 CHIEF OF POLICE REF#: 273771 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml49443-0536 Chief Law Enforcement Officer Applicant: D & L OF MICHIGAN, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2004 CLASS C-SDM LICENSED BUSINES WITH DANCE PERMIT AND OUTDOOR SERVICE (1 AREA), LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO:MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC.; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY; AND REQUESTS A NEW ENTERTAINMENT PERMIT. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request. LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report and recommendations of the applicant to the Licensing Division. Please include fingerprint cards and $30.00 for each card, and mail to the Michigan Liquor Control Commission. If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m. LC-1972 Rev. 9/17 4880-1658 sfs LIQUOR LICENSE REVIEW FORM AKA Business Name (if applicable): - - - - - - - - -- - - - - - - Operator/Manager's Name: - - - - - - - - -- - - - - - - - - - Business Address: Reason for Review: New License D Transfer of Ownership fl(' Dance Permit D Drop/Add Name on License D Transfer Location .flO/}? A/o! fon ~ SIJ<Jr~ Drop/Add Stockholder N arne D New Entertainment Permit ~ Other ----------- - - -- - - - - - - - - -- - --- De~dline for receipt of all information: _ _ _ ___;,_~---------- Public Safety Approved D Denied ~ No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: Fire/Inspections Approved D Denied D Remaining Defects D Department Signature ~ (_ . I ~ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business N arne: _ ___,/),___::-J-__,!."'-------"-aCLf_....~./lZ:....:...Lt'--"C..tbL-f:bi"g'-"q'-"o..t.,,~-'L:;::_i.--=C'----- AKA Business Name (if applicable): - - - - - - - - - - - - - - - - Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - - - Business Address: '/f/ U/ i/e.dr/1? Reason for Review: New License D Transfer of Ownership ,:0( Dance Permit D Drop/Add Name on License D Transfer Location from ,A/orfo/'1 S.hrJrU p;( Drop/Add Stockholder Name D New Entertainment Permit~ Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ Deadline for receipt of all information: ---------~--,...--'--- Public Safety Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved¢ Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: Fire/Inspections Approved D Denied D Remaining Defects D Department Signature~~~ ~c:::f~v'~ Piease return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM AKA Business Name (if applicable): - - -- - - -- - - - - - - -- Operator/Manager's Name: - - - - - - -- - - - - -- - - - - - Business Address: Reason for Review: New License D Transfer of Ownership fl{' Dance Permit D Drop/Add Name on License D Transfer Location~ from .A/or'fo/1 5/-;<~ r~ Drop/Add Stockholder Name D New Entertainment Permit~ Other ---- - - - - - - - -- - - - - -- - - - - - ----- Deadline for receipt of all information: ---~-------____;:~- Public Safety Approved D Denied D ' No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: .,. Fire/Inspections Approved ~ Denied D Remaining Defects D Department Signature--i'~-+---,4-.:...__::~-+--=----,-1-------- Piease return to the City Clerk's Offi Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business Name: j J- L a f /lZchig qo -----=~~~--~~~~~~p~~~,--------------- Lie AKA Business N arne (if applicable): ------------------------------- Operator/Manager's Name: ------------------------------------- Business Address: Reason for Review: New License D Transfer of Ownership~ Dance Permit D Drop/Add Name on License D Transfer Location ~ fro 1J? ./1/r.Jrfo/1 .5hu·~ Drop/Add Stockholder Name D New Entertainment Permit~ Other ------------------------------------------------------- Deadline for receipt of all information: Public Safety Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: Fire/Inspections Approved~ Denied ~ Remaining Defects D Department Signature (b:-- L · l~ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator Affirm~otl~·e Action (231)724-6703 FAX: (231)722-1214 Assenor/£qualh:aUon (231)724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6783 FAX: (231)726-5617 City Manager (231 )724-6724 FAX: (231)722-1214 Civil Service (231)724-6716 May 5, 2005 FAX: (231)724-4405 Clerk (231 )724-6705 FAX: (231)724-4178 Mr. Darren Jackson Community and Neigh. Services 2059 Richmond, NW (231)724-6717 Grand Rapids, MI 49504 FAX: (231)726-2501 Computer Info, Systems And (231 )724-6744 FAX: (231)722-4301 Ms. Lacy G. Jones Engineering Dept. 245 Eastern, SE (231)724-6707 FAX: (231)727-6904 Grand Rapids, MI 49503 Finance Dept (231)724-6713 Dear Mr. Jackson and Ms. Jones: FAX: (231)724-6768 Ftre Department This letter is to inform you that your request to transfer ownership of the 2004 (231 )724-6792 FAX: (231)724-6985 Class C-SDM licensed business (in escrow) with dance permit and outdoor service (1 area), from North-Say lor Inc. and transfer location from 3621 Getty, Income Tax (231)724-6770 Norton Shores, to 441 W. Western is being recommended for denial by the Police FAX: (231)724-6768 Department. Your request will be presented to the City Commission on May 10, Inspection Services 2005. This meeting begins at 5:30 p.m. and is located in the City Commission (231)724-6715 FAX: (231)728-4371 Chambers, 933 Terrace, Muskegon, MI. Leisure Services (231 )724-6704 This request has also been sent to the Nelson Neighborhood Association for their FAX: (231)724-1196 comments. It is Commission practice to let the Neighborhood Association know Mayor's Office of any liquor license requests that are located within their boundaries. This allows (231)724-6701 FAX: (231)722-1214 for comments from the people who live there and not just from the owners of the business' who are located there. Planning/Zoning (231)724-6702 FAX: (231)724-6790 Sincerely, Police Deptartment (231)724-6750 FAX: (231)722-5140 PubUc Works Dept. (231)724-4100 Linda Potter FAX: (231)722-4188 Deputy Clerk Treasurer's Office (231)724-6720 FAX: (231)724-6768 Water Billing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration {231 )724-41 06 FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 """''W .shorelinecity .com May 17, 2005 Liquor Control Commission 7150 Harris PO Box 30005 Lansing, MI 48909-7505 REF: #27377 1 D & L ofMichigan, LLC 441 W. Western Muskegon, MI 49440 To Whom It May Concern: Enclosed is the Resolution, fonn LC-1800, the Local Law Enforcement Agency Repori, print cards and check forD & L of Michigan, LLC that was recommended for approval at the May 10, 2005, City Commission Meeting. Please do not hesitate to call me :-Jt f?1.1 1 '7'>A 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</-{.) .-; DEPARTMENT OF LABOR & ECONOMIC GROWTH VJ.1I1f LIQUOR CONTROL COMMISSION RESOLUTION 2005-45(h) At a __R_e'-g..._u-'--=la.:..:...,-r----=---:-::------ - - meetmg of the ---=C=i-.:::t-:~--y_____,C'""o~m""'m"""i:;-os,._,s7.1:7.-'.o"'"'n~--:::----- <Regul ar or Special) (Townshi p Board, City or Vi llage Council) called to order by Mayor Warmington on May 10, 2005 at 5 : 3 o P.M. The following resolution was offered: Moved by Vice Mayor Larson and supported by Commissioner Shepherd That the request from D & L OF MICHIGAN, LLC TO TRANSFER OWNERSH IP OF 2004 CLASS C LICENSED BUSINES WITH DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO:MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC.; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY; AND REQUEST A NEW ENTERTAINMENT PERMIT. be considered for __A"-"-"-p_.._p=r-=o'--v-=a=-=1'------------;-;--~~~;:----------------- (Approval or Disapproval) APPROVAL DISAPPROVAL Yeas : 8 Yeas: Nays: 0 Nays: Absent: 0 Absent: It is the consensus of this legislative body that the application be: Recommended for issuance --------~~~(R~ ec~ om~ mc~ nd~ ed~ o r~noL t R~ ec- o m- m- end~ ~~) -------------- State of Michigan ) County of Muskegon ) I hereby certify that the foregoing is a true and complete copy of a resolution offered and R_e-"'g'--u_l.,.,a_r~-;;--,-.;------- adopted by the _ _c_i=t-=y'-:-:-C-=-o_m:--:rn::::-1-·s.. . ,.s:::-:--i--::o:-n---,-;:--_ _ _ _ at a _ _ _ <Township Board, City or Village Council) (Regular or Special) meetingheldon May 10, 2005· (Date) SEAL 933 Terrace, Mnske ~on MI 4 ~~40 (Mailing addrcs ofTow~shi p, City of Vi~ge) ;)73 7/ I Michigan nepartment of Labor & Economic Growth POLICE INSPECTION REPORT ON Lf OR LICENSE REQUEST MICHl( . LIQUOR CONTROL COMMISS~ON , / ~ 7150 Harris Drive I ;l-r - O J Req ID #273771 (Authorized by MCL 436.1217) P.O. Box 30005 rtJ!1'1 Lansing, Michigan 48909-7505 Important: Please conduct your investigation as soon as possible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission. BUSINESS NAME AND ADDRESS: (include zip code) D & L OF MICHIGAN, LLC, 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY REQUEST FOR: REQUEST 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) (MCL 436.1531(1) FROM 3621 GETTY, NORTON SHORES, Ml 49444, PO:MUSKEGON, MUSKEGON COUNTY; AND REQUEST A NEW ENTERTAINMENT PERMIT. I Section 1. APPLICANT INFORMATION I APPLICANT #1: APPLICANT #2: DARREN JACKSON- MEMBER LACY G. JONES- MEMBER HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/ PHONE NUMBER: 2059 RICHMOND, NW 245 EASTERN, SE GR?.ND RAPIDS, Ml 49504 GRAND RAPIDS, Ml 49503 H(616)453-8507/B(616)791-9220 X121 H(616)451-61 09/B(616)308-9676 DATE OF BIRTH : S - 2 6 - ~? DATE OF BIRTH : 7-3 - ?7..._ If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen : 0 0 poes the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status? 0 Yes 0 No DYes D No 0 0 Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status: Date fingerprinted: ·3 ,z ~ ~ 05 Date fingerprinted: '3 - 2-9- 1).£ I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I ARREST RECORD: 0 Felony 0 Misdemeanor ARREST RECORD: D Felon y D Misdemeanor Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated report if more space is needed) report if more space is needed) I Section 2. Investigation of Business and Address to be Licensed J Does applicant intend to have dancing or entertainment? D No fi5-::ks, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? ~No D Yes, explain relationship: I Section 3. Local and State Codes and Ordinances, and General Recommendations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, f ire, sanitation and health laws and ordinances, if this license is granted? - ~Yes 0 No If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed) I Section 4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? D ~s 2. Is the proposed location satisfactory for this business? 19"Yes 3. Should the Commission grant this request? D Yes 4 . If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) ~ L . l ~. Sign re (Shenff or Ch1ef of Pollee) D ate MUSKEGON POLICE DEPARTMENT LC-1800 Rev. 07/02 STATE OF MICHIGAN ')EPARTMENT OF LABOR & ECONOMIC GRowy LIQUOR CONTROL COMMISSION REOID: 273771 7150 Harris Drive J - ;:Jt-l- t:>-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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