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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 9, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. SECOND READING: Adoption of Alternative Provision. of City Income
Tax Act (Act 284 of 1964). INCOME TAX
C. Request for Encroachment Agreement by Muskegon Area
Intermediate School District. ENGINEERING
D. City - MDOT Agreement for: Bridge Work Over the South Branch of the
Muskegon River. ENGINEERING
E. Appointment and Resignation to Various Boards and Committees. CITY
CLERK
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Request to Vacate Public Utility Rights and Abandon In Place Existing
Utilities in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
8. Notice of Intent and Reimbursement Resolution - Possible Capital
Improvement Bond Issue. FINANCE
C. Amendment to Cross-Lake Ferry Agreement. CITY MANAGER
D. Salary Ranges for Planning & Economic Development Division. CITY
MANAGER
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form 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 regisfered with City Clerk.)
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUS!Michigan
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CITY INCOME TAX ACT (EXCERPT)
~ Chapter 141
Act 284 of 1964
~ Act 284 of 1964
141.660 Tax withheld; payment by employer; return;
~ 284-1964-2 electronic funds transfer.
Sec. 60.
~ Section 141.660
(1) Except as provided in subsection (2), an employer shall file
a return, furnished by or obtainable on request from the city,
leaislature and pay to the city the full amount of the tax withheld on or
before the last day of the month following the close of each
Bills
calendar quarter.
Calendars
(2) For tax years after the 1996 tax year and for which a city
Committee Bill Records has entered into an agreement pursuant to section 9 of
Committee Meetings chapter 1, an employer shall file a return and pay the tax
Concurrent Resolutions withheld for each calendar month on or before the fifteenth
oint Resolutions day of the month following the close of each calendar. month
~ournals to th.e .department by means of, an electronic funds transfer
Legislators
. ·..•· _method approved by the'state ·commissioner of revenu.e .
Public Acts
History: 1964, Act 284, ,rrpd. {:ff; Juri-e-12, 1964 ;--Am. 1996,,
Act 4781 Eff. Jan. 1, 1997_. ·
Resolutions
Session Schedules © 2004 Legi_slative Council, State of Michig·an··
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of that information and is subject to revision. The Legislature presents this
MCL Tables information, without warranties, express or implied, regarding the information's
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out-of-date, or incomplete or if you have problems accessing or reading the
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Please call the Michigan Law Library at (517) 373-0630 for legal reference
Related Sites questions.
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~ Printer-Friendly Versions (pdf & html) of this Division - all combined into one document
Chapter 141
€i Act 284 of 1964 CITY INCOME TAX ACT (EXCERPT)
~ 284-1964·3 Act 2B4 of 1964
CHAPTER 3
}!1 ..
'f:VtBIIIS ALTERNATIVE PROVISIONS
Kij 1calendars
~jiCommittee Bill Records
{J 1committee Meetings
Jtconcurrent Resolutions
~jpoint Resolutions Section 141. 701 Section Alternative provisions; adoption.
ijiJournals Section 141. 760 Section Tax withheld; return; paymenti electronic funds transfer.
c;:jilegislators
l~iPublic Acts Section 141.761 Section Tax withhelP; .reconciliation of quarterly returns; deficiencies; refundsi
;.],Resolutions information returns; cessation of business.
/;!)[session Schedules Section 141.787 Section Jeopardy assessment; procedure,
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Date: November 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement By
Muskegon Area Intermediate School District
SUMMARY OF REQUEST:
1. MAISD has submitted the attached encroachment agreement form requesting your
permission to install an underground conduit to carry a fiber optic between their facilities
on HaNey Street. The proposed route will be the west side of HaNey between Oak &
Stebbins.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITTEE RECOMMENDATION:
Oct-26-04 15:00 P.02
cJOOt/- CfJ' {c:)
IJ-9-0'/
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
th
THIS AGREEMENT is made and entered into this 29 day of October 20 04 , by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
_M_u_s_k_e;;:.go_n_Ar_ea_In_t_erm_e_d_ia_t_e_S_c_h_oo_l_D_is_tn_·c_t_ _ (hereinafter called LICENSEE).
RECITALS
l. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City or Muskegon, the encroachment being described as
12 strand single-mode fiber optic cable in I ¼" HDPE conduit with 2' X 2' handholes
every 500'.
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please insert a general description, and if required by the city, an accurate legal description]
See attached drawing.
3. The City is willing to grant such privilege upon the terms and conditions herein. This
agreement shall eonscitute a permit under section 18- I 9 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
1. City does hereby grant unto LICENSEE the privilege of_constructing, _ __
installing, __ maintaining, _ _ _ repairing __ performing all necessary functions relating to the
encroachment, and for that purpose to enter the property, for the term hereing stated. This
RECEIVED
CITY OF MUSKEGON
l NOV O1 2004
ENGINEERING DEPARTMENT
<;:>ct-,;'6-04 15:00 p_Q3
privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only
after approval of this agreement by the City Commission and delivery to the City of the required
evidence of insurance coverages.
This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ __
Per attached list.
2. That LICENSEE shall pay to the City for the privilege hereby granted the sum of_
$100 app. fee plus $5.00/unit/year for 41 units ( $305.00 ). such payment to be made upon the
signing ofthls agreement to be dated as of the J7'h day of Qcfobf I' 20£L, to the City
Treasurer of the City of Muskegon, and the privil~ge hereby granted shall continue fur a period to
terminate the first day of May, 2 (' /~unless sooner terminated as hereinafter provided.
J. TNDEMNifICATION. The LICENSEE shall indemnify and save harmless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or foes, including any attorney fees, or
lines or awards brought against or charged to the city by any person, firm or corporation on account of
or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related
to the encroachment or this privilege. This indemnilicatiun obligation shall include all liabilities for
environmental damage or releases of hazardous substances subject to any governmental or third party
action. "Hazardous substance" is defined a~ any material constituting a prohibited or regulated
substance under governmental law, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory lo City, and issued by companies acceptable to the City, licensed in the State of Michigan,
naming City as an additional insured on any such policy. LICENSEE will file with
2
dct-26-04 1s:01 P.04
City certificates or policies evidencing such insurance coverage. The insurance policies or certificates
shall provide that the City shall be given thirty days written notice before a cancellation or change in
coverage may occur. The types of coverage and coverage limits to be required shall be as follows:
/.--,-+~ n r .,. . ,. . rJ
t ....a..,"'"'----'-'(}c.;/lc:.J...if_ _,_,~:..,-,._,,._,/,._/,._t'-"'''-''
-------"<-=-(1--__.fc.c-..;.).._o,___,_J-",,,_.\..,_,__·...t ... ·1-1_ _ t',
...···_~'.,_,.....-~'l ( CV ,r,, ·1 r ,,
'
5. BONDfNG. Before this agreement/permit becomes valid, LICENSEE shall file with the
city a bond conforming with the requirements of any ordinance, and shall keep same in force during
the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
Lipan giving said LICENSEE _days of written notice of such cancellation and revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in writing to the city 5 c, days prior to such surrender; provided, however, that upnn the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by !he City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area
of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City
and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in
such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its
part to be performed hereunder, the privilege hereby granted shall immediately terminate and become
null and void.
3
Qct-7.6-04 15:01 P.05
9. This agreement shal be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witne~ses:
Aod~~Q~
Gail A. Kundinger Clerk
Superintendent
4
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the cables/conduits
and any removal or relocation that becomes necessary to facilitate other public
improvements projects within said right of way (s).
2- Grantee will maintain, for the duration of this agreement, a valid insurance coverage
satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- It shall be the responsibility of the owner to ensure that these facilities are a part of
the miss dig system at all times.
5- The city and/or it's agent are not responsible for any damage to the facilities.
l:i.4' 12~'
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630 Harvey Street ♦ Muskegon, Michigan 49442-2398 ♦ Phone 231-777-2637 ♦ Fax 231.773.1028 ♦ www.muskegon-isd.kl2.mi.us
To: City of Muskegon
ATTN: Mohammed Alshetal \(/ /)
1
From: Marios Demetrion
1
~\,!)1J1:i
::,, :A!J1v1 ~~1J1uct
Assistant Supe1intendent for Business & Operations
Date: November 17, 2004
RE: Pe1mit Payment
Please consider this memo as assurance that payment will be forthcoming
to the City of Muskegon in the amount of$1,545.00. This payment will
cover the balance due for a five year (November 2004 - November , 2009)
encroachment agreement for Muskegon Area Career Tech Center's use of
right-of-way to run fiber lines from 200 Harvey Street to 630 Harvey
Street.
Please contact Tim Brown at 231-767-7237 or myself at 231-767-7207
should you have any questions.
,,...--r
- - - -· ------------------------------,
;..·
t 1j- £ tj f 7 -~ f 1 ;;;_(j D
CITY OF MUSKEGON
DEPARTMENT OF ENGINEERING
I
APPLICATION AND PERMIT TO WORK WITHIN THE CITY RIGHT-OF-WAY
PHONE 7 /7-c::?(?7
PHON({cl,P ) /'c;,IL t,>f(, .7
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LOCATION: I f ,I
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EXPECTED START DATE:-+/.L./'.f./;.L.I...Lf..1../_,t>--11 /'--c·~ ·_ _ _ __
FEE r/ ,01· /l ii
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EXPECTED FINISH DATE :-'-//+/--',;;"-·"_c~/-',;,-, fL_·_ _ _ _ __ BON; . pi/- 0/f
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AF.VIEWED BY DATE 01\TE
(NOTE: contractor and/or applicant must read and comply with all specifications on back of form)
FINAL INSPECTION REPORT
Call 724-6707 lor Inspection Inspector's SlgnR1ure Date
1095
MUSKEGON AREA INTERMEDIATE SCHOOL DISTRICT
GENERAL ACCOUNT
630 HARVEY ST.
MUSKEGON, Ml 49442 9-91749
I -=If~ DATE l l-17-0Y 720
Ltll o\ c<)u.s~
628978688
:ll PAY
TO THE •
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·1 ORDER OF i
Jas".oo l
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I $ ''·l
~,De.. <;. 00/100 DOLLARS III =~::::· I
I National
www.nationalcity.com
City.
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National City _Bank of Michigan/Illinois
Kalamazoo, Michigan
FOR _ _ _ _ _ _ _ _ _ _ _ _ __
11•0000 1.09 511• 1:0 7 20009 I, s,: i; 28 9 78 !;8811 1
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♦
MUSKEGON AREA INTERMEDIATE SCHOOL DISTRICT
630 HARVEY STREET - MUSKEGON, MICHIGAN
NATIONAL CITY BANK
of MICHIGAN/ILUNOJS
GENERAL FUND
f~W-J;.~-~JQQ
■ ONE THOUSAND FIVE HUNDRED FORTY.:..FIVE !JOLLA.RS AND ZERd CENTS *-;,*************
PAY TO THE ORDER OF: ~MM•il•~
$1,545.00
Void after 90 days
CITY OF MUSKEGON
CITY TREASURER'S OFFICE
P.O. BOX 536
q
MUSKEGON MI 49443-0536
/tJ
11•0 I. CJ 28 511• ,:o? 2000 CJ l, s,: i; 28 CJ 78 !;8811•
Date: November 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Bridge work over the south Branch of the
Muskegon River
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the Bridge work on US-31 BR over
the southern branch of the Muskegon River and to approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract. The proposed work
consists of structure replacement and bridges approaches.
FINANCIAL IMPACT:
While this is an MOOT project the city's participation is required under ACT-51since
the project falls within the City limits. The City's share is estimated at $28,300 but not
more than 11.25% of eligible cost. The total cost of the project is estimated @
$1,386,100.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the 05 Major as
was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION #2004-98(d)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
SUPERSTRUCTURE WORK ON STRUCTURE 801 OF 61153 ON 31-BR TOGETHER WITH THE
NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Commissioner Carter, and supported by Commissioner Spataro that the following Resolution
be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 04-5354 between the Michigan
Department of Transportation and the City of Muskegon for the BRIDGE REPLACEMNT ON US-31
OVER THE SOUTH BRANCH OF THE MUSKEGON RIVER within the City is in the best interests of
the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 04-5354 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
th
Adopted this 9 day of November, 2004.
ATTEST l=k4 o. Lr
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on November 9,
2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1976.
STATE OFMICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION GLORIA J. JEFF
GOVERNOR DIRECTOR
LANSING
December 9, 2004
Ms. Gail Kundinger
Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 04-5354
Control Section: NH 61151
Job Number: 55610
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~~J~
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
Cc: P. Grotenhuis, Design Division
Project Accounting, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
DAB
FEDERAL AID PROGRESS PAYMENT Control Section NH 61153
Job Number 55610
Federal Project NH 0461 (383)
Federal Item HH4076
Contract 04-5354
THIS CONTRACT is made and entered into this date of DEC O 9 20 □4. , by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to
as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "CITY"; for the purpose of fixing the rights and obligations of the
parties in agreeing to construction improvements located within the corporate limits of the CITY.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them and contributions by
agencies of the Federal Government or other sources will be sufficient to pay the cost of
construction or reconstruction of that which is hereinafter referred to as the "PROJECT" and
which is located and described as follows:
Superstructure replacement work on Structure BO 1 of 61153 which carries
westbound Highway US-3 lBR over the South Branch of the Muskegon River;
including approach work; together with necessary related work, located within the
corporate limits of the CITY; and
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be: $1,386,100
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
I. The CITY hereby consents to the designation of the PROJECT as a state trunkline
highway. The parties shall undertake and complete the construction of the PROJECT as a state
trunkline highway in accordance with this contract. The term "PROJECT COST", as herein
used, is hereby defined as the cost of construction or reconstruction of the PROJECT including
the costs of preliminary engineering, plans and specifications; acquisition costs of the property
for rights of way, including interest on awards, attorney fees and court costs; physical
construction necessary for the completion of the PROJECT as determined by the
DEPARTMENT; and engineering, legal, appraisal, financing, and any and all other expenses in
connection with any of the above.
05/29/87 APA.FOR 9/24/04 1
2. The cost of alteration, reconstruction and relocation, including plans thereof, of
certain publicly owned facilities and utilities which may be required for the construction of the
PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such
cost determined by the DEPARTMENT, prior to the commencement of the work, to constitute a
betterment to such facility or utility, shall be borne wholly by the owner thereof.
3. The CITY shall make available to the PROJECT, at no cost, all lands required
thereof, now owned by it or under its control for purpose of completing said PROJECT. The
CITY shall approve all plans and specifications to be used on that portion of this PROJECT that
are within the right of way which is owned or controlled by the CITY. That portion of the
PROJECT which lies within the right of way under the control or ownership by the CITY shall
become part of the CITY facility upon completion and acceptance of the PROJECT and shall be
maintained by the CITY in accordance with standard practice at no cost to the DEPARTMENT.
The DEPARTMENT assumes no jurisdiction of CITY right of way before, during or after
completion and acceptance of the PROJECT.
4. The parties will continue to make available, without cost, their sewer and drainage
structures and facilities for the drainage of the PROJECT.
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. The balance of the PROJECT COST shall be charged to and paid by the
DEPARTMENT and the CITY in the following proportions and in the manner and at the times
hereinafter set ·forth:
DEPARTMENT- 88.75%
CITY 11.25%
The PROJECT COST and the respective shares of the parties, after Federal-aid, is
estimated to be as follows:
TOTAL BALANCE
ESTIMATED FED AFTER DEPT'S CITY'S
COST AID FEDERAL AID SHARE SHARE
$1,386,100 $1,134,500 $251,600 $223,300 $28,300
Participation, if any, by the CITY in the acquisition of trunkline right-of-way shall be in
accordance with 1951 P.A. 51 Subsection ld, MCL 247.651d. An amount equivalent to the
federal highway funds for acquisition of right-of-way, as would have been available if
application had been made thereof and approved by the Federal government, shall be deducted
from the total PROJECT COST prior to determining the CITY'S share. Such deduction will be
established from the applicable Federal-Aid matching ratio current at the time of acquisition.
05/29/87 AFA.FOR 9/22/04 2
6. The DEPARTMENT shall maintain and keep accurate records and accounts
relative to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the
CITY on a biweekly basis for the CITY'S share of the cost of work performed to date, less all
payments previously made by the CITY. No biweekly billings of a lesser amount than $1,000
shall be made unless it is a final or end of fiscal year billing. All billings will be labeled either
"Progress Bill Number _____", or "Final Billing". Upon completion of the PROJECT,
payment of all items of PROJECT COST and receipt of all Federal Aid, the DEPARTMENT
shall make a final billing and accounting to the CITY.
7. In order to fulfill the obligations assumed by the CITY under the provisions of
this contract, the CITY shall make prompt payments of its share of the PROJECT COST upon
receipt of progress billings from the DEPARTMENT as herein provided. The CITY shall be
billed for their share of the preliminary engineering costs upon award of the PROJECT. All
payments will be made within 30 days ofreceipt of billings from the DEPARTMENT. Billings
to the CITY will be based upon the CITY'S share of the actual costs incurred less Federal Aid
earned as the work on the PROJECT progresses.
8. Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a
sufficient amount of funds received by it from the Michigan Transportation Fund to meet its
required payments as specified herein.
9. If the CITY shall fail to make any of its required payments when due, as specified
herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the
State of Michigan or such other state officer or agency having charge and control over
disbursement of the Michigan Transportation Fund, pursuant to law, of the fact of such default
and the amount thereof, and, if such default is not cured by payment within ten (10) days, said
State Treasurer or other state officer or agency is then authorized and directed to withhold from
the first of such moneys thereafter allocated by law to the CITY from the Michigan
transportation Fund sufficient moneys to remove the default, and to credit the CITY with
payment thereof, and to notify the CITY in writing of such fact.
10. The DEPARTMENT shall secure from the Federal Government approval of
plans, specifications, and such cost estimates as may be required for the completion of the
PROJECT; and shall take all necessary steps to qualify for Federal Aid such costs of acquisition
of rights of way, construction, and reconstruction, including cost of surveys, design, construction
engineering, and inspection for the PROJECT as deemed appropriate. The DEPARTMENT may
elect not to apply for Federal Aid for portions of the PROJECT COST.
11. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
12. All of the PROJECT work shall be done by the DEPARTMENT.
05/29/87 AFA.FOR 9/22/04 3
13. In connection with the performance of the PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set
forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and will
require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract. The parties will carry out the applicable requirements of the
DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26,
including, but not limited to, those requirements set forth in Appendix C.
05/29/87 AFA.FOR 9/22/04 4
14. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the CITY and for the
DEPARTMENT; upon the adoption of a resolution approving said contract and authorizing the
signatures thereto of the respective officials of the CITY, a certified copy of which resolution
shall be attached to this contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPO TATION
Gail A. Kundinge
City Clerk
,.. 1•J;:~NEY
,.,-:'=· r'
05/29/87 APA.FOR 9/22/04 5
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section l of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of
a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation ofan existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (l) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations or directives. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so certify to
the Michigan Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department ofTransportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs I through 6 of
every suhcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions fornon-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient ofits failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MOOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: November 9, 2004
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Appointment and Resignation to Various Boards and
Committees
SUMMARY OF REQUEST: To appoint Shontea Jenkins to the Civil Service
Commission, and Manda Weller to the Citizen's District Council. Accept
resignations from Daniel Chambers from the Historic District Commission,
Trudy Borset from the Citizens District Council, and Ben Bifoss from the
Downtown Development Authority/Brownfield Redevelopment Authority
Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments and resignations.
Commission Meeting Date: November 9, 2004
Date: October 29, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,~
RE: Request to Vacate Public Utility Rights and Abandon In
Place Existing Utilities in Seaway Industrial Park
SUMMARY OF REQUEST:
The City has vacated the public alleys located within the Seaway Industrial Park (see
attached map). This was done in October 2003 as part of the assembly of land
acquired by the City to establish new parcels for industial development. As is policy in
the City, we retained easement rights in these alleys at the time they were vacated. It
is now necessary for construction on the effected parcels to take place, to vacate these
utility rights and abandon all in-place existing utilities in these vacated alleys.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
For the Mayor and Clerk to sign the attached resolution approving the vacation of the
public utility rights and abandoning the in-place existing utilities.
COMMITTEE RECOMMENDATION:
10/29/2004
RESOLUTION #2004-99(a)
RESOLUTION TO VACATE PUBLIC UTILITY RIGHTS
AND ABANDON IN PLACE EXISTING UTILITIES
WHEREAS, a petition has been received to vacate all existing alleys, vacate all public utilities
and abandon in place all existing public utilities in the alleys vacated by City Commission action
on October 28, 2003 in Blocks 1 through 4 of the Young & Williams Addition, City of
Muskegon; and,
WHEREAS, on October 28, 2003 the City Commission vacated all existing alleys in Block 1
through 4, subject to retaining utility rights heretofore acquired by the City; and
WHEREAS, the City will abandon in place existing utilities and utility rights in the alleys
previously vacated, excluding all public utility rights provided by a Declaration of Easement
dated June 8, 2004 and recorded at Liber 3624 Page 768;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the City utility rights in the previously vacated alleys,
previously legally described as:
All existing alleys in Blocks 1 through 4 of the Young & Williams Addition, of
the City of Muskegon, County of Muskegon, State of Michigan.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said utility
rights in the previously vacated alleys are terminated and abandons in place existing utilities
operating in, over and upon said portion of alley hereby vacated.
BE IT FURTHER RESOLVED that this City Commission does not affect a Declaration of
Easement dated June 8, 2004 and recorded at Liber 3624 Page 768.
Adopted this 9th day of November 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent: Warmington
CERTIFICATION (Alleys in Seaway Industrial Park)
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 November 9, 2004.
Lo~~ w
Gail A. Kundinger, MMCd
Clerk, City of Muskegon
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01/28/2005 03: 19?
Page: 1 of 2
Mark Fa!rehi ld, Muskegon Co ROD 024
RESOLUTION #2004 -99(a)
RESOLUTION TO VACATE PUBLIC UTILITY RIGHTS
AND ABANDON IN PLACE EXISTING UTILITIES
WHEREAS, a petition has been received to vacate all existing alleys, vacate all public utilities
and abandon in place all existing public utilities in the alleys vacated by City Commission action
on October 28, 2003 in Blocks 1 through 4 of the Young & Williams Addition, City of
Muskegon; and,
WHEREAS, on October 28, 2003 the City Commission vacated all existing alleys in Block 1
through 4, subject to retaining utility rights heretofore acquired by the City; and
WHEREAS, the City will abandon in place existing utilities and utility rights in the alleys
previously vacated, excluding all public utility rights provided by a Declaration of Easement
dated June 8, 2004 and recorded at Liber 3624 Page 768;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the City utility rights in the previously vacated alleys,
previously legally described as:
All existing alleys in Blocks 1 through 4 of the Young & Williams Addition, of
the City of Muskegon, County of Muskegon, State of Michigan.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said utility
rights in the previously vacated alleys are terminated and abandons in place existing utilities
operating in, over and upon said portion of alley hereby vacated.
BE IT FURTHER RESOLVED that this City Commission does not affect a Declaration of
Easement dated June 8, 2004 and recorded at Liber 3624 Page 768.
Adopted this gth day of November
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent: Warmington
CERTIFICATION
I hereby_certify th~t the foregoing constitutes a true and complete copy of a resolution adopted
by the Ctty Comm1ss10n of the City of Muskegon, County of Muskegon, Michigan, at a regular
meetmg held on November 9, 2004.
PREPARED BY /\ND RETURN TO:
City of Muskegon
933 Terrace
Muskegon, MI 49440 Gail A. Kundinger, MMC
Clerk, City of Muskegon
Date: November 9, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Notice of Intent and Reimbursement Resolution - Possible Capital
Improvement Bond Issue
SUMMARY OF REQUEST: The City is faced with a number of important capital
project needs that likely will require debt financing: 1) new central fire station, 2) matching
funds for $1 million marina improvements grant, 3) funds to complete the lakeshore trail
project, 4) possible second ice sheet to replace Arena Annex ard help reduce Arena's
operating deficit, 5) funds for Fisherman's Landing facilities. The two attached resolutions
represent the first step in the bonding process and serve two purposes: 1) the "notice of intent
resolution" provides the necessary legal notice to the public of the possible bond issue and,
2) the "reimbursement resolution" provides a legal basis for the city to be reimbused from
bond proceeds for project costs incurred prior to bond issuance.
FINANCIAL IMPACT: The only immediate cost associated with this action is the cost of
publication in the Chronicle. If bonds are issued, the projected amount will be $7 million to be
repaid over 20 years. Annual debt service is estimated to be $530,000 per year. The size of
the bond issue may be reduced by possible grant funding and/or land sale proceeds. Annual
debt service will be covered by a combination of sources including marina revenues (pending
state approval of our request for more seasonal slips); DOA tax increment revenues for
eligible projects located in the ODA area (i.e. annex, portion of trail), and general fund
resources anticipated to be made available by reducing/eliminating the LC Walker operating
deficit.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold, debt service will
be budgeted over the life of the bonds (20 years).
STAFF RECOMMENDATION: Approval of the attached resolution.
COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.
Founded in 1852 MICHIGAN: Ann Arbor
Detroit• Grand Rapids
by Sidney Davy Miller
MILLER Howell • Kalamazoo
Lansing• Monroe • Troy
CANFIELD
MIILER, CANFIELD, PADDOCK AND STONE, P.L.c.
NewYork,NY
Pensacola, FL
Washington, DC
CANADA: Windsor, ON
JOEL L, PIELL 150 West Jefferson, Suite 2500 POLAND: Gdynia
TEL: (313) 496-7518 Detroit, Michigan 48226 Katowice• Warsaw
FAX: (313) 496-8450
TEL: (313) 963-6420
E-MAIL: piell@millercanfield.com
FAX: (313) 496-7500
www.millercanfield.com
October 28, 2004
Mr. Timothy J. Paul
Finance Director
City of Muskegon
City Hall
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536 Via Email
Dear Tim:
I am sending you herewith attached and by regular mail a suggested form of
reimbursement resolution and notice of intent resolution for the City's proposed bond
project. The reimbursement resolution will protect the City up to $7,000,000 in
previously incurred expenditures and I have assumed that you will want to place this on
the agenda at the November 9th Commission meeting. If my assumption is incorrect,
please advise and I will supply you with a resolution with a different date.
Although it is possible to issue Building Authority bonds to pay for the projects
that you have in mind, I think the most expeditious and cost effective means of financing
would be the issuance of capital improvement bonds pursuant to Act 34 of the Public
Acts of 200 l, as amended.
As you will recall, the procedure begins with the adoption of a notice of intent
resolution with the consequent 45-day referendum period.
I have taken the liberty of drafting a resolution which speaks to the issuance of not
to exceed $7,500,000 in bonds. I know this is more than you presently intend on
borrowing. However, by using a higher amount, we reserve the option should the City's
plans change.
I have also drafted a notice of intent for the November 9 th meeting. Again, if you
wish to change the date, please advise and I will supply with you with a new resolution.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Mr. Timothy J. Paul -2- October 28, 2004
As you will recall, the notice of intent, which is found in the body of the
resolution, must be published once in your local paper taking up no less than one-quarter
of the page upon which it appears. Act 34 is quite specific in that the notice must take up
no less than one-quarter of the page upon which it appears.
After adoption of the several resolutions, I would ask that you return a certified
copy of same to me along with three affidavits of publication of the notice of intent.
I will send out our customary form of engagement letter under separate cover.
Should you have any questions concerning this, of if I may be of other assistance
to you, please do not hesitate to contact me.
Very truly yours,
MILLER, CANFIELD, PADDOCK AND STONE, P.L.c.
By:--------------------
Joel L. Piell
Enclosures
cc: Mr. Warren M. Creamer, III (w/enclosures) Via Email
DELIB:2563 783.1 \099999-9000 I
NOTICE OF INTENT RESOLUTION
GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS
City of Muskegon
County of Muskegon, State of Michigan
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan (the "City") held on the 9th day of November, 2004, at 5:30
o'clock p.m. Eastern Standard Time.
PRESENT: Members Spataro, Carter, Davis, Gawron, Larson, and Shepherd.
ABSENT: Members Warmington.
The following preamble and resolution were offered by Member Spataro and supported
by Member Carter:
WHEREAS, the City intends to issue and sell general obligation capital improvement
f bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to
o exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying
~
~ part of the cost of acquiring and constructing certain capital improvement items consisting of a
I new fire station and recreational improvements together with necessary related appurtenances .
and attachments (the "Projects"); and
WHEREAS, a notice of intent to issue bonds must be published before the issuance of the
~~ aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public Acts
of Michigan, 2001, as amended.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue bonds in The Muskegon Chronicle, a newspaper of general circulation in the City.
2. Said notice of intent shall be published as a one-quarter (1/4) page display
advertisement in substantially the following form:
NOTICE TO ELECTORS
OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Muskegon
County, Michigan, intends to issue and sell general obligation capital improvement bonds,
pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed
Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying the costs
of acquiring and constructing a new fire station and recreational improvements together with
necessary and related appurtenances and attachments.
Said bonds will mature in annual installments not to exceed thirty (30) in number, with
interest rates to be determined at sale but in no event to exceed seven percent (7%) per annum
on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may
be issued in one or more series as shall be determined by the City Commission.
SOURCE OF PAYMENT OF BONDS
I
~ THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general
15 funds of the City lawfully available for such purposes including property taxes levied within
~
0 applicable charter, statutory and constitutional limitations. ·
~
C
fl RIGHT OF REFERENDUM
~
~ THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS
A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN
FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION
IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts
of Michigan, 2001, as amended.
Gail Kundinger
Clerk, City of Muskegon
-2-
3. The City Commission does hereby determine that the foregoing form of Notice of
Intent to Issue Bonds and the manner of publication directed is the method best calculated to
give notice to the City's taxpayers and electors of this Commission's intent to issue the bonds,
the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto,
and the newspaper named for publication is hereby detem1ined to reach the largest number of
persons to whom the notice is directed.
4. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded.
AYES: Member Davis, Gawron, Larson, Shepherd, Spataro, and Carter.
NAYS: Member None.
RESOLUTION DECLARED ADOPTED.
~ D-~,L~ City Clerk
-3-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on November 9, 2004, and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings
Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
~ a_L ~
DELIB:2563548.1\000000-00000
-4-
REIMBURSEMENT RESOLUTION
City of Muskegon
County of Muskegon, State of Michigan
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan held on the 9th day of November, 2004, at 5:30 o'clock p.m.
Eastern Standard Time.
PRESENT: Members Spataro, Carter, Davis, Gawron, Larson, and Shepherd.
ABSENT: Members Warmington.
The following preamble and resolution were offered by Member Spataro and supported
by Member Carter:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the "City")
intends to cause to be issued and sold bonds or other obligations, in one or more series, in
amounts not to exceed Seven Million Dollars ($7,000,000) for the purpose of paying the cost of
acquiring and constructing certain capital improvements consisting of a new fire station and
recreational improvements (the "Projects"); and
~
~ WHEREAS, the City intends, at this time to state its intentions to be reimbursed from
~ proceeds of the bonds or other obligations for any expenditures undertaken by the City for the
• Projects prior to issuance of the bonds or other obligations.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg.§ 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
(a) As of the date hereof, the City reasonably expects to reimburse itself for the
expenditures described in (b) below with proceeds of debt to be incurred by the City or
on behalf of the City.
(b) The expenditures described in this paragraph (b) are for the costs of
acquiring the Projects together with appurtenances and attachments thereto to serve the
City which were or will be paid subsequent to six months prior to the date hereof.
(c) The maximum principal amount of debt expected to be issued for the
Projects, including issuance costs, is $7,000,000.
(d) A reimbursement allocation of the expenditures described in (b) above with
the proceeds of the borrowing described herein will occur not later than 18 months after
the later of (i) the date on which the expenditure is paid, or (ii) the date the Projects are
placed in service, but in no event more than three (3) years after the original expenditure
is paid. A reimbursement allocation is an allocation in writing that evidences the City's
use of the proceeds of the debt to be issued for the Projects to reimburse the City for a
capital expenditure made pursuant to this Resolution.
(e) The expenditures described in (b) above are "capital expenditures" as
defined in Treas. Reg. § 1.150-l(b), which are any costs of a type which are properly
chargeable to a capital account (or would be so chargeable with a proper election or with
the application of the definition of placed in service under Treas. Reg. § 1.150-2(c))
under general Federal income tax principles (as determined at the time the expenditure is
paid).
(t) No proceeds of the borrowing paid to the City in reimbursement pursuant to
this Resolution will be used in a manner described in Treas. Reg. § 1.150-2(b) with
respect to abusive uses of such proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that results in the creation of
replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the
reimbursement allocation described in (d) above.
(g) Expenditures for the Projects to be reimbursed for the proceeds of the
borrowing for purposes of this Resolution do not include costs for the issuance of the
debt or an amount not in excess of the lesser of$100,000 or 5 percent of the proceeds of
the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue
price of the borrowing, within the meaning of Treas. Reg. § 1.150-2(t) (such preliminary
expenditures include architectural, engineering, surveying, soil testing and similar costs
incurred prior to construction of the Projects, but do not include land acquisition, site
preparation, and similar costs incident to commencement of construction).
2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
resolution be and the same herby are rescinded.
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AYES: Members Davis, Gawron, Larson, Shepherd, Spataro, and Carter.
NAYS: Members None.
RESOLUTION DECLARED ADOPTED.
~D.L~
City Clerk ff
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on November 9, 2004, and that said meeting was conducted and public
30: notice of said meeting was given pursuant to and in full compliance with the Open Meetings
~ Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
~ kept and will be or have been made available as required by said Act.
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City' Clerk 6
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DELlB:2563541.1 \000000-00000
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City of Muskegon
City Clerk's Office
Gail A. Kundinger, MMC
P.O. Box 536
933 Terrace Street
Muskegon, Michigan 49443
Phone: (231) 724-6705
Fax: (231) 724-4178
FAX COVER SHEET
From:~ ~
Fax: Pages (including cover) c2
Phone: Date: /1-/0 -o y
'
RE: CC:
D Urgent c For Review '.J Please Comment D Please Reply D Please Recycle
Affirmative Aetlon
(23 l )724-6703
FAX: (231)722-1214
Assessor/Equaltzatlon
(231 )724-6708
FAX: (l31)726-S181
Cemetery Department
(13 l )724-6783
FAX: (l31)7l6-S617
City Manager
(131)724-6724
FAX: (231)721-1214
Clv11Sen1ce
(131)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178
Community end
Neigh. Services
(231)724-6717 December 2, 2004
FAX: (231)726-2501
Computer Info.
Systems
(131)724-6744
FAX: (231)722-4301
Mr. Joel L. Piell
Engineering Dept. Miller, Canfield, Paddock
(131)724-6707
FAX: (231)727-6904
& Stone, P.L.C.
150 West Jefferson, Suite 2500
Finance Dept.
(231)724-6713 Detroit, MI 48226
FAX: (131)724-6768
Fire Deparhnent Dear Mr. Piell:
(231 )724-6792
FAX: (231)724-6985
Enclosed are three certified copies of the notice of intent resolution,
Income Tax
(231)724-6770
reimbursement resolution, and three affidavits of publication.
FAX: (131)724-6768
Inspection Services If you have any questions, please call me at (231) 724-6705.
(231)724-67)5
FAX: (231)728-4371
Thank you,
Leisure Services
(131)724-6704
FAX: (231)724-1196
Mayor's Office
(231)724-6701 Linda Potter, CMC
FAX: (231)72l-ll14
Deputy City Clerk
Planning/Zoning
{231)724-6702
FAX: (231)724-6790 Enc.
PollCe Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)721-4188
Treasurer's Office
{231)724-6720
FAX: (231)724-6768
Water Billing Dept,
(131)724-6718
FAX: (231)724-6768
Water Flltrallon
(231)724-4106
FAX: (l31)75S-S290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING November 9, 2004
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 2, 2004
RE: Amendment to Cross-Lake Ferry Agreement
SUMMARY OF REQUEST:
To approve an amendment of Exhibit A (property description) of the Cross-Lake Ferry lease
agreement. The actual property being used for the ferry operation changed during construction
of the improvements from the property identified in the original lease.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached amendment.
COMMITTEE RECOMMENDATION:
None
AMENDMENT TO LEASE AGREEMENT
2004-99(c)
This Agreement, made effective November 9, 2004, by and between Lake Express,
L.L.C., a Wisconsin limited liability company ("Lake Express"), Great Lakes Marina &
Storage, LLC, a Michigan limited liability company ("Great Lakes") and the City of
Muskegon, a Michigan municipal corporation ("City").
RECITALS
A. Lake Express, Great Lakes and City, executed a Lease Agreement dated October
28, 2003, relating to the establishment of a cross lake ferry.
B. Pursuant to that Lease Agreement, Great Lakes committed to construct certain
facilities for the cross lake ferry on a site described in Exhibit A.
C. Construction occurred, with the consent of all parties, at a location different than
that specified in Exhibit A of the Lease Agreement.
AGREEMENT
Lake Express, Great Lakes and City agree as follows:
1) Attached amended Exhibit A shall reflect the real property, with the
improvements of a dock, terminal, and maintenance facilities, which is the subject of the lease
between Great Lakes, as Landlord, and Lake Express and City in lieu of Exhibit A to the Lease
Agreement.
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2) In all other respects, the Lease Agreement, as previously amended, is unaffected
by this Amendment.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized officers
executed this Amendment to Lease Agreement as of the day and year first above written.
LAKE SS, L.L.C.
By:
PREPARED BY:
John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, MI 49443-0786
Phone: (231) 722- I 621
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AGENDA ITEM NO. - - - - - - - -
CITY COMMISSION MEETING November 9, 2004
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 2, 2004
RE: Salary Ranges for Planning & Economic Development Division
SUMMARY OF REQUEST:
To approve salary ranges for the following positions in the reorganized Planning & Economic
Development Division:
1) Planner III-Range VII-A ($38,061-$50,751)
2) Planner II - Range VIII ($33,698-$44,933)
3) Code Coordinator- Range VIII ($33,698-$44,933)
4) Planner I - Range IX ($29,694-$39,592)
FINANCIAL IMPACT:
Reorganization changes cost an additional $46,340.
BUDGET ACTION REQUIRED:
None. These changes are accommodated for in the 2005 budget.
STAFF RECOMMENDATION:
To approve the proposed salary ranges.
COMMITTEE RECOMMENDATION:
None
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