City Commission Packet Archive 04-27-2004

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                        APRIL 27, 2004
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                               AGENDA

□   CALL TO ORDER:
□   PRAYER:
□   PLEDGE OF ALLEGIANCE:
□   ROLL CALL:
□   HONORS AND AWARDS:
□   INTRODUCTIONS/PRESENTATION
□   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Resolution for Charitable Gaming License - Michigan Deaf Association,
         Inc. CITY CLERK
      C. Annual Taxicab License Renewal for Port City Cab Company & Yellow
         Cab Company. CITY CLERK
      D. Summer Celebration Reguest. LEISURE SERVICES
      E. Lighthouse Acre Deed. LEISURE SERVICES
      F. Sale of Marginal Lot at 1095 James Avenue. PLANNING & ECONOMIC
         DEVELOPMENT
      G. Sale of Marginal Lots at 348 and 372 Dratz Street.      PLANNING &
         ECONOMIC DEVELOPMENT
      H. Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue. PLANNING
         & ECONOMIC DEVELOPMENT
      I. Sale of Buildable Vacant Lot on Meeking Street.        PLANNING &
         ECONOMIC DEVELOPMENT
      J. Vacation of a Portion of Jackson Avenue.     PLANNING & ECONOMIC
         DEVELOPMENT
      K. Vacation of a Portion of Leahy Street.       PLANNING & ECONOMIC
         DEVELOPMENT
      L. Cool Cities Pilot Program - Grant Reguest.   PLANNING & ECONOMIC
         DEVELOPMENT
        M. Set Public Hearing for Amendment to Brownfield Plan                                           -   "The
           Watermark" Project. PLANNING & ECONOMIC DEVELOPMENT
         N. Consideration of Proposals for Nims Street Tank Painting. ENGINEERING
        0. First Quarter 2004 Budget Reforecast - Adoption. FINANCE
         P. Transmittal of 2003 Comprehensive Annual Financial Report. FINANCE
□   PUBLIC HEARINGS:
        A. Request to Establish an Obsolete Property District - Harbor Theater.
           PLANNING & ECONOMIC DEVELOPMENT
         B. Request to Issue an Obsolete Property Certificate - Harbor Theater.
            PLANNING & ECONOMIC DEVELOPMENT
□   COMMUNICATIONS:
□   CITY MANAGER'S REPORT:
□   UNFINISHED BUSINESS:
□   NEW BUSINESS:
        A. Vacation of a Portion of Larch Avenue.                                PLANNING & ECONOMIC
           DEVELOPMENT
        B. Healthcare Renewal/Rx Co-Pay Reimbursement Program. FINANCE
        C. Liability/Property Insurance Renewal. FINANCE
        D. Sale of Parcel in Seaway Industrial Park.                             PLANNING & ECONOMIC
           DEVELOPMENT
        E. Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish the Following: INSPECTION SERVICES
             1. 1381 Seventh
             2. 1317 Seventh
             3. 637 Amity
□   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 registered with City Clerk.)
□   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date:      April 27, 2004
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 Commission
Worksession that was held on Monday, April 12, 2004; and the Regular
Commission Meeting that was held on Tuesday,April 13, 2004.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
        CITY COMMISSION MEETING
                           APRIL 27, 2004
    CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                   MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, April 27, 2004.
    Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
from 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, Commissioners Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2004-40 CONSENT AGENDA:
       A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, April 12, 2004; and the Regular Commission Meeting that
was held on Tuesday, April 13, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Resolution for Charitable Gaming License - Michigan Deaf Association,
         Inc. CITY CLERK
SUMMARY OF REQUEST: The Michigan Deaf Association, Inc., is requesting a
resolution recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a gaming license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
      C. Annual Taxicab License Renewal for Port City Cab Company & Yellow
         Cab Company. CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield and Steve Barnum
of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Ml.
 They are requesting approval of a license to operate 11 taxicabs for both Port City Cab
 Company and Yellow Cab Company. The Muskegon Police Department has inspected
 the taxicabs and approves this request.
 FINANCIAL IMPACT: None
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: Approval of 11 taxicabs.
       E. Lighthouse Acre Deed. LEISURE SERVICES
 SUMMARY OR REQUEST: To authorize the Mayor to sign the quitclaim deed for
 Lighthouse Acre.
 FINANCIAL IMPACT: None
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: Approve.
 COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
       F. Sale of Marginal Lot at 1095 James Avenue. PLANNING & ECONOMIC
          DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel #24-
612-000-0528-00) at 1095 James Avenue to Perry Dennie, of 539 Bennett Street,
Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand
his current yard. The other adjacent property owner was offered a portion of this lot, but
didn't respond. This lot is being offered to Mr. Dennie for $1 under the Dollar Lot
Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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                         (LRC)
recommended approval of this request at their March 23, 2004 meeting.
      H. Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of two vacant non-buildable lots
(Parcel #24-205-079-0002-10 and #24-205-079-0003-10) at 443 and 453 Catherine
Avenue to William Simonitis, of 449 Catherine Avenue, Muskegon, Ml. Approval of this
sale will allow Mr. Simonitis to expand his current yard. The lots are being offered to
Mr. Simonitis for $1 each under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of these lots will allow the properties to be placed 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 deeds.
      I. Sale of Buildable Vacant Lot on Meeking Street.                PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 275
Meeking Street (Parcel #24-613-000-0673-00) to Habitat for Humanity, 280 Ottawa
Street, Muskegon, Ml. The lot is 223 x 126 ft. and is being offered to Habitat for
Humanity for $13,500. They plan to split the lot into three 74.3 ft. lots and construct
three 1,260 sq. ft. single-family homes as part of the Jimmy Carter home building
program. The homes will conform to the design guidelines contained in the "policy for
Sale of City-Owned Residential Property." Habitat for Humanity will be meeting with the
president of the Marquette Neighborhood Association to present the home designs for
review. The True Case Value (TCV) for the property listed in the Assessor's Office is
$18,000, so our price is set at $13,500 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of three 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 said resolution and deed.
      J. Vacation of a Portion of Jackson Avenue.          PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Jackson Ave., between E.
Western and Ottawa Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of Jackson
Ave., with the condition that any City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended the
vacation, with the condition as listed above. The vote was unanimous with B. Mazade,
S. Warmington, and B. Smith absent.
      K. Vacation of a Portion of Leahy Street.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Leahy St., between Larch Ave.
and the Hackley Hospital Professional Center entry drive.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of Leahy St.,
with the condition that any City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the vacation, with the condition as listed above with T. Harryman not
present for the vote.
        L. Cool Cities Pilot Program - Grant Request.             PLANNING & ECONOMIC
           DEVELOPMENT
 SUMMARY OF REQUEST: The State has a new Cool Cities Pilot Program available.
 Cities that are successful in their applications will receive "catalyst" grants of up to
 $100,000, which are designated to jump-start their revitalization efforts. Grants are due
 by May 7, 2004. For the first year of funding, 12 cities will be chosen. Muskegon is
 proposing to combine this grant with the Neighborhoods of Choice (former Partner
 Grant) and the MOOT Transportation Enhancement Grant. The Cool Muskegon
 Committee has recommended that we apply for Wayfinding Signage that will be placed
 in both the downtown and Lakeside area. In this way, the City can tie these two
 important cultural, transportation and tourist areas together.
 FINANCIAL IMPACT: There is no requirement for a match, although several other
 projects and grants will be tied in with this request. In addition, it is anticipated that the
 Chamber of Commerce will be able to assist with private contributions to the project.
 The total project cost is anticipated to be $150,000. This will include a maintenance
 fund for the signage in the future.
 BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and
Clerk to sign.
COMMITTEE RECOMMENDATION: The Cool Muskegon Committee recommends that
the City apply for the Cool City grant and request $100,000 for Wayfinding signage.
       M. Set Public Hearing for Amendment to Brownfield Plan                         - "The
          Watermark" Project. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield
Plan Amendment including the opportunity to express their views and recommendations
regarding the proposed amendment at the public hearing. The amendment is for the
inclusion of property owned by P & G Holdings NY, LLC ("P & G"), known as The
Watermark project, located at 1321 Division, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the revitalization of the former Shaw Walker building into
residential and commercial space will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and
Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on
April 20, 2004 and approved the Brownfield Plan Amendment and recommends the
approval of the Brownfield Plan Amendment to the Muskegon City Commission. In
addition, the Brownfield Redevelopment Authority recommends that the Muskegon City
Commission set a public hearing on the Plan amendment for May 25, 2004.
       N. Consideration      of    Proposals     for    Nims     Street   Tank     Painting.
          ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Nelson Tank Engineering & Consulting out of Lansing for a not to
 exceed cost of $20,175. The scope of services includes the preparation of the contract
 document and the performance of daily inspection should the project be awarded.
 Nelson Tank was one of two consulting firms responding to the Request for Proposal.
 The other firm, Dixon Engineering out of Lake Odessa, submitted a very similar
 proposal with a not to exceed price of $21,987.50.
 FINANCIAL IMPACT: The cost for the engineering services (Contract specifications &
 Inspection) of $20,175.
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: Authorize staff to enter into an engineering service
 agreement with Nelson Tank Engineering & Consulting.
       0. First Quarter 2004 Budget Reforecast -Adoption. FINANCE
SUMMARY OF REQUEST: Staff has previously transmitted the First Quarter 2004
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: General fund revenues continue to deteriorate. Currently we
estimate the general fund revenue shortfall to be $451,611, attributable mostly to lower
than projected state shared revenues. General fund expenditure projections are little
changed from the original budget at this time as staff continues to analyze expense
reduction options to offset the revenue shortfall. These will be brought to you in the
coming weeks. The first quarter reforecast incorporates several significant changes to
major capital projects due to updated information not available at the time the original
2004 budget was prepared.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends formal approval of the Reforecast and
related budget amendments.
      P. Transmittal of 2003 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City's 2003 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time the CAFR
is being formally transmitted to the Commission in accordance with state law. The 2003
CAFR has been prepared in accordance with GASB 34 accounting standards. Should
the Commission wish to do so staff and the independent auditors are prepared to
conduct an in-depth work session to focus on the CAFR as well as City finances in
general.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities
for 2003 and includes the independent auditor's unqualified opinion on the City's
financial statement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2003 CAFR.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve
the Consent Agenda with the exception of items d and g.
 ROLL VOTE:      Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
                 Carter
                 Nays:None
MOTION PASSES
2004-41   ITEMS REMOVED FROM THE CONSENT AGENDA:
       D. Summer Celebration Request. LEISURE SERVICES
SUMMARY OF REQUEST: Summer Celebration is asking that the City waive the rental
charges for the use of City equipment during the festival.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: The Leisure Services Board did not make a
recommendation. They requested more information be provided in order to make a
decision.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to waive the
rental charges for the use of City equipment during the festival.
ROLL VOTE:      Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
                Davis
                Nays: None
MOTION PASSES
      G. Sale of Marginal Lots at 348 and 372 Dratz Street.            PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of two vacant marginal lots (Parcel
#24-613-000-0764-00 and #24-613-000-0766-00) at 348 and 372 Dratz Street to Terry
Kunnen, Jr., of 354 Dratz Street, Muskegon, Ml. Approval of this sale will allow Mr.
Kunnen to expand his current yard. The property located to the North of Mr. Kunnen
has an occupied, tax-reverted house located on it. These lots are being offered to Mr.
Kunnen for $1 each under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of these lots will allow the properties to be placed 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 deeds.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
sale of two vacant marginal lots at 348 and 372 Dratz Street to Terry Kunnen of
354 Dratz.
ROLL VOTE:      Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
                Gawron
                Nays: None
MOTION PASSES
2004-42 PUBLIC HEARINGS:
       A. Request to Establish an Obsolete Property District - Harbor Theater.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon,
Michigan, has requested he establishment of an Obsolete Property District. The district
would be located at 1937 Lakeshore Drive, Muskegon, Ml, the former Harbor Theater.
Total capital investment for this project is $123,500. The project will result in the
creation of 12-14 new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 1937 Lakeshore Drive, Muskegon, Ml.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments from the
public. No comments were heard.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to close the
Public Hearing at 5:57 p.m. and approve the resolution establishing an Obsolete
Property District for 1937 Lakeshore Drive.
ROLL VOTE:       Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
                 Larson
                 Nays: None
MOTION PASSES
       B. Request to Issue an Obsolete Property Certificate - Harbor Theater.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, Ml, has
requested the issuance of an Obsolete Property Certificate for the property located at
1937 Lakeshore Drive (former Harbor Theater), Muskegon, Ml. The building is
presently unoccupied, but will be rehabilitated for use as a new improved theater and
coffee shop. Total capital investment for this project is $123,500. The project will result
in bringing 12-14 jobs to the City of Muskegon. Because of these new jobs, the
applicant is eligible for a 9(nine) year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property
Certificate for 1937 Lakeshore Drive, Muskegon, Ml for a term of nine (9) years.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments from the
public. Comments were heard from John Boltema, 625 Seminole.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 6:00 p.m. and approve the resolution issuing an Obsolete
Property Certificate for 1937 Lakeshore Drive for a term of (9) nine years.
ROLL VOTE:       Ayes: Spataro, Warmington,        Carter,   Davis, Gawron, Larson,
                 Shepherd
                 Nays: None
MOTION PASSES
2004-43 NEW BUSINESS:
      A. Vacation of a Portion of Larch Avenue.              PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Larch Avenue, between Clinton
and Leahy Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of Larch Ave.,
with the condition that any City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended the
vacation, with the condition as listed above with T. Harryman and T. Michalski voting no.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the vacation of the portion of Larch Ave., between Clinton and Leahy St., with the
condition that any City Easement rights be retained.
ROLL VOTE:      Ayes: Warmington, Carter, Gawron, Larson, Shepherd, Spataro
                 Nays: Davis
MOTION PASSES
      B. Healthcare Renewal/Rx Co-Pay Reimbursement Program. FINANCE
SUMMARY OF REQUEST: The City has received 2004-05 renewal rates for the Priority
Health HMO program - the healthcare choice of nearly all active City employees.
Renewal rates at current benefit levels are 15.1 % higher than current rates. This
translates to an additional annual cost of $286,204. Staff has also received renewal
rates assuming a change in the drug benefit co-pay from the current $10.00 to $15.00.
Making this change lowers the rate increase to 8.9% and achieves gross annual
savings of $118,738. We have discussed this option with the labor-management
committee and they are generally receptive to the change provided that the city re-
implement the $5.00 Rx reimbursement program to help soften the impact on
employees. Staff believes that even with this proviso, significant savings will be
achieved and recommends approval.
FINANCIAL IMPACT: Net annual savings are estimated to be $93,438. The level of
employee participation in the reimbursement program will determine actual
costs/savings.
BUDGET ACTION REQUIRED: No budget action is recommended at this time,
however, the change will have positive impact on both the 2004 and 2005 budgets.
STAFF RECOMMENDATION:          Staff recommends renewal of the Priority Health
contract with a $15.00 Rx co-pay and re-implementation of the $5.00 Rx co-pay
reimbursement program.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve
renewal of the Priority Health contract with a $15.00 Rx co-pay and re-
implementation of the $5.00 Rx co-pay reimbursement program.
ROLL VOTE:      Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
                Warmington
                Nays: None
MOTION PASSES
      C. Liability/Property Insurance Renewal. FINANCE
SUMMARY OF REQUEST: To renew the City's liability and property insurance
coverage with the Michigan Municipal Risk Management Association (MMRMA), an
intergovernmental self-insurance pool representing more than 300 Michigan
municipalities. Since 1986 the City has had liability coverage through MMRMA; in 1999
property coverage was added. Staff is recommending that the City's self-insured
retention (SIR) be increased from the current $75,000 level to $100,000. The savings
from doing this are nearly $100,000 which means the City would have to have four
claims of over $100,000 before the premium savings were offset by the higher
deductible. Recent experience has been favorable and staff believes this is a sound
risk to assume.
FINANCIAL IMPACT: Total contribution of $846,246 comprised of two components:
$538,728 fixed insurance costs and $272,300 contribution to the City's self-insured
retention fund. The fixed insurance costs represent a 3.5% decrease over 2003-04
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with
MMRMA. Staff believes that intergovernmental procurement of insurance coverage is
most cost-effective approach. Moreover, the MMRMA program has the broadest
coverage available to Michigan municipalities and the City's past experience with the
program has been very positive.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the
renewal of liability and property insurance coverage with Michigan Municipal Risk
Management Association.
ROLL VOTE:      Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
                Carter
                Nays: None
MOTION PASSES
      D. Sale of Parcel in Seaway Industrial Park.       PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of Lot #9 in Seaway Industrial Park to
Schultz Transport, Inc., 1559 Getz Road, Muskegon, Ml 49441. This company
performs commercial snowplowing, in addition to being a transport company. The
purchase price is $24,000, which is the full asking price. Schultz Transport, Inc. will be
relocating his business from his current location outside of the City, and has from 2-1 O
employees, depending on the season. As part of the purchase agreement, Schultz
Transport, Inc. has requested a 45-day option on Lot #8.
FINANCIAL IMPACT: The sale of this lot, while is located in a Renaissance Zone, will
still generate City of Muskegon income tax.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution, deed, and all other necessary documents.
Motion by Commissioner Shepherd, second by Commissioner Spataro approve
the sale of lot #9 in Seaway Industrial Park to Schultz Transport Inc., 1559 Getz
Rd, Muskegon for $24,000 with a 45-day option on Lot #8, and authorize the
Mayor and Clerk to sign the resolution and deed and all other necessary
documents.
ROLL VOTE:       Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
                 Davis
                 Nays: None
MOTION PASSES
       E. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures at 1381 Seventh, 1317
Seventh and 637 Amity are unsafe, substandard, public nuisances and that they be
demolished within thirty (30) days. It is further requested that administration be directed
to obtain bids for the demolition of the structures and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible
bidder.
1. 1381 Seventh
CASE# & PROJECT ADDRESS: #EN-040025 - 1381 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between
Merrill and Monroe and is owned by Chase Manhattan Bank, Houston, Texas.
STAFF CORRESPONDENCE: A dangerous building exterior inspection report was
written 2/2/04 and Notice and Order to Repair or Remove was issued 2/3/04. An
interior inspection was conducted 2/26/04. On 3/4/04 the HBA declared the structure
substandard and a dangerous building.
OWNER CONTACT: A local realtor called and scheduled the interior inspection and
stated he would be at the HBA meeting 3/4/04, but he was not there. There has been
no contact since the interior inspection.
FINANCIAL IMPACT: CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $15,000
ESTIMATED COST OF REPAIRS: $25,000
STAFF RECOMMENDATION : To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals to demolish 1381 Seventh and have the Mayor
and City Clerk execute a contract for demolition with the lowest responsible
bidder.
ROLL VOTE:      Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
                Gawron
                Nays: None
MOTION PASSES
2. 1317 Seventh
CASE# & PROJECT ADDRESS: #EN-040026- 1317 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between
Houston and Monroe and is owned by Option One Mortgage, Irvine, California.
STAFF CORRESPONDENCE: A dangerous building exterior inspection report was
written 2/2/04 and Notice and Order to Repair or Remove was issued 2/3/04. On 3/4/04
the HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from the mortgage company.
FINANCIAL IMPACT: CDGB funds
BUDGET ACT_ION REQUIRED: None
SEV: $16.700
ESTIMATED COST OF REPAIRS: $4,000 plus the cost of interior repairs.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals to demolish 1317 Seventh and have the Mayor
and City Clerk execute a contract for demolition with the lowest responsible
bidder.
ROLL VOTE:     Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
               Larson
               Nays: None
MOTION PASSES
3. 637 Amity
This item was asked to be removed by staff.
The Regular Commission meeting for the City of Muskegon was adjourned at 7:12pm.
                                                Respectfully subm1ted,

                                                 ~o-~~Q-
                                                Gail A. Kundinger, MMC
                                                City Clerk
Date:      April 27, 2004
To:        Honorable Mayor and City Commissioners
From:      Gail Kundinger, City Clerk
RE:        Resolution for Charitable Gaming License




SUMMARY OF REQUEST: The Michigan Deaf Association, Inc., is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: None
                                                                                                                                   2004-40(b)
    l l ~ Charitable Gaming Division
          Box 30023. Lansing. Ml 48909
          OVERNIGHT DELIVERY:
          101 E. Hillsdale, Lansing Ml 48933
w         (517) 335-5780
UJrTllr   www.michigan.gov/cg

             LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
                                                                   (Required by MCL.432.103(9))




            Ata ____Regular __________________ meetingofthe ____ City Commission ____ _
                                       REGULAR OR SPECIAL                                         .        TOWNSHIP, CITY. OR VILLAGE COUNCIL/BOARD



            calledtoorderby _Mayor Warmington                                                               on _Apr i 1 2 7 , --~0 O_'!_ __ _
                                                                                                                                     DATE



            at____~..:._1_0______ J.fu./p.m. the following resolution was offered:
                         TIME


            Moved by_ Commissioner S_]2_atarQ3ndsupportedby _Commissioner She_.2._herd


            that the request from_ Michigan_Deaf_Associationof Inc. __ Muske__g_on ___ ,
                                                              NAME OF ORGANIZATION                                                 CITY


            county of _______ Muskegon __________________ , asking that they be recognized as a
                                                     COUNTY NAME



            nonprofit organization operating in the community for the purpose of obtaining a charitable


            gaming license, be considered for _ Approva 1 _____________ .
                                                                          APPROVAL'OISAPPROVAL




                                           APPROVAL                                           DISAPPROVAL

                                    Yeas:           7                                    Yeas:

                                    Nays:           0                                    Nays:

                                    Absent:         0                                    Absent:




            I hereby certify that the foregoing is a true and complete copy of a resolution offered and
           adopted by the City _Commission ___________ at a ___                                               Reg}.l la r ____________ _
                                           TOWNSHIP, CITY OR VILLAGE COUNCIL/BOARD                                    REGULAR OR SPECIAL


           meeting held on___ Apri 1 27 , __2004 _________ .


           SIGNED:        ---~                  ---Q ,: TE. . . . .    .,/\r--,J...IV,,..A.N~_J l..l'-.'_ _ _ _ _ _ _ _ _ _____ _ _ _ _ _ _ _ _ _ _ __ __ _




                  Gail A . Kundinger, MMC,                               City Clerk
                                                                         PRINTED NAME AND TITLE


                  933 Terrace, Muskegon, MI                                      49440
                                                                               ADDRESS
                                                                                                                                  COMPLETION : Required.
                                                                                                                                  PENALTY. Possible denial ol application.
                                                                                                                                                 B SL-CG-11 53(R7 /02)
, 11'1Y-04-1999   04:34       EP/EO a.JSTOMER SERVICE                                P.02

    Interual Revenue service                 Department of the Treasury
    District Director

                                             P. O. Bo>< 2508
                                             Cincinnati, OH    45201
                                             Person to Contact:
                                               John Kennedy 31-02763
                                              Customer Service Representative
                                             Telephone Number,
    Michigan Deaf Association,                  877·829-5500
     Inc.                                    i'a:x Humber:
    c/o Dallas Barker                           513-684-5936
    4333 Carmanwood Pr.                      Federal Identification Nllmber?
    Flint, MI 48507                            38-1814242
                                             Accounting Period Ends
                                               December 31
    Dear Sir:
    This is in response to your request for a letter affirming your organization's
    exempt status.
    In July 1945 we issued a detei:mination letter that recosnized your
    organization as exempt from federal income tax under section 101(6) of the
    Internal Revenue Code of 1939 (now section 501(c) (3) of the Internal Revenue
    Code of 1986). That determination letter is still in effect.
    We classified your organization as a publicly supported organization, and not
    a private foundation, because it is described in sections 509(a) (1) and
    170(b) (1) (Al (vi) of the Code. Thie clapsification was based on the assumption
    that your organization's operations would continue as stated in the
    application. If your organization's purposes, character, method of
    operations, or sources of support have changed, please let us know so we can
    consider the effect of the change on the organization's exempt status and
    foundation status.
    Your organization is required to file Form 990, Return ot Organization Exempt
    from Income Tax, only if its gross receipts each year are normally more than
    $25,000. If a return is re ired, it must be filed by the 15th day of the
    fifth month after the end o the organizarion's annual accounting period. The
    law imposes a penalty of $2 a day, up to a maxilllllm of $10,000, when a return
    is filed late, unless there is reasonable cause for the delay.

    As of January 1, 1984, yo   organization is liable for taxes under the Federal
    Insurance Contributions Act {social security taxes) on remuneration of $100 or
    more the organization pays o each of its employees during a calendar year.
    There is no liability fort e tax i111POsed under the Federal Unemployment Tax
    Act (FUTA).
    Organizations that ;Qee not    rivate foundations are not subject to the excise
    taxes under Chapter 42 of        Code.   However. these organizations are not
    automatically exempt from       er federal excise taxes.   1r you have any
    questions about excise, em     oyment. or other federal taxes, please let us
    know.
    Donors may deduct contribu 'ons to your organization as provided in section
     170 of the Code.     Bequests, legacies, devises, eransfers. or gifts to your
    organization or for its us      are deductible for federal estate and gift tax
    purposes if they meet the       plicable provisions of sections 2055, 2106, and
    2522 of the Code.
     Your organization is not r quired to file federal income tax returns unless it
     is subject to the t~ on     elated business income under section 511 of the
     Code. lf your orgaru.zatio is subject to this tax, it must file an income tax
     return on Form 990-T, Exe t Organization.Business Income Tax Return-   In this
     letter, we are not detenni ing whether any of your organizatio~•s present or
     proposed activities are       elated trade or busineee as defined in seccion 513
     of the Code.
. • MAY-04-1999   04: 35     EP/EO CUSTOMER SERVICE                                P.03


                                             -2-

      Michig~n Deaf Association, Inc.
      38•1.814242


      Because this letter could help resolve any questions about your organization's
      exetl\Pt status and foundation status, you should keep it with the permanent
      records of the organization.
      If you have questions, please call us at the telephone number shown in the
      heading of this letter.
                                             Sincerely, ~ -

                                          ~~
                                        t'...                        ..
                                              c. Ashl Bullard
                                              District Director




                                                                               TOTAL P.03
                         ~i~~~N iE6~:~~~~TA~Fsi~~~~~~~;~~g:;~~~~~~~
BCS/CD-2000 (11/03)

                                                                                                                                      llllllllllll lllll llllllllll lllll lllll lllll 1111111111111111
                           2003 NONPROFIT CORPORATION INFORMATION UPDATE
□ To certify there are no changes from your previous filing check this box and proceed to Item 6, If the resident agent and/or
  registered office has changed complete Hems 1-6. If only officer and director infonnation has changed complete Items 4-6.
                                                                         FOR BUREAU USE ONLY
 ldenlilicatioo Number                Colporalion name
                                         MICHIGAN DEAF ASSOCIATION, INC.
          851152                                                                                                                               .


 Resident _ , i name aoo maililg addn
                                                                                                                        . (
                                                                                                                               ~,,,- rTL ''i] ,A.,,:-u,._
                                                                                                                                      lUlt         ,, ,•,:.l•.                   0183
          RICHARD HARKLERO
                                                            MICHIGAN DEAF ASSOCIATION INC.
          2330 IRONWOOD DR                                                     P.O. BOX 21235                                                                                          62-15/311
                                                                            LANSING, Ml 48909
          CLARKSTON Ml 48341                                                                                                   ""'·~·?,,;lcf>J/
                                                 6'Z:::e St"ti/i:- cf          7Jl;j;z                                                                   I $;f!.b,oo

                                                 I::;;E~~                                                                                                        Dollars               f?i~
                                                                                                                                                                                             ---
                                                                                                                  ~~
 The address of tt., registered office           PNCBANK
                                                 Wilminpon, Od:nn.re
         2330 IRONWOOD DR
         CLARKSTON Ml 48348
                                                  For ,;).e)b,1   pJ.fttV¥'f7/k_                                  ____
                                                                                                                   --                              _ _::_._.                               ---llf"



                                                   ,:□   3 lo I.OD lo 5 ?1:           1,qa.1,a.ascia. 211•                      0 1,8 3

 1. Mailing address of registered office in Michigan (maybe a P.O. Box)                                                       2. Resident Agent
                                                                                                                              Dtctno.. /VtCKi lli:-1c.k...
                                                         bAco1son. MI




                                                  r- d:_NAME           Q. 14




  If different
  than
                                                                                                                               !OZ         M           woe
  Off!C<!rs
                                                                                                                                                                     l/..9 4-l 7


 6. The ling fee is $20.00. Please make yo..- check or money ORler payable to the stale of Michigan. TNs report must be fled on« before
    October 1, 2003 Return this signed report wilh fee to:     Michigan Clepalbnefll of Consumer & lndusby Sen/ices
                                                               Bureau of COtnmeroial ServiCeS. Corporation Division
                                                               P.O. lloo< 30057
                                                               l.ansqJ, Ml 48009-7557
                                                                         (517) 241-6470




 If more space is needed addilional pages may be included. Do not stapte any items lo report. This report is required bySeclion 911, Act 162, Public Acls or 1982, as
 amended. Failure lo file this reoort mav result in the dissolution of !he cornoralion.
                                                                                                                          Page 1 of 1




 Subj:         Re: Lottery license
 Date:         4/16/2004 7:24:06 AM Eastern Daylight Time
 From:         Hl!nterc9
 To:           i,_uchrnlsi_og@amerit!lJcilD!lt, b_unterc;2@michigan.go~
 CC:           MIQe;afA, cJianamckitty@myairmail.com

Bobby
Wonderful. I did not know that Muskegon will ask for them. I thought you go to Grand Haven. But Muskegon is fine.
Attached is Const and Bylaws. It was never signed or dated. We should do that from now and on. Diana can sign it at the end but
she will be gone to Wash DC this Sunday thru Tues or Wed. Try show bylaws and say that it has dates of ratification on last page.

Richie
You have both #2 and #3 in Treasurer's file cabinet. There is a folder called Articles of Incorporation. Send it along with IRS letter
also in the file cabinet.
Chris

  Hi Chris, this morning I went to Grand Rapids then went to City hall in Muskegon. The clerk requires three
  different organization informations before she can submit the applications to the city commision on April 27th for
  approval! But must turn all informations in by April 20th. Look the first 3 required items listed on Local Civic Organization
  Qulaification Information that they need. It is the same way that required 10 years ago when i applied on first time.

  1. A signed a_nd elated GORY of the organization's current Bylaws and Constitution;

  2. A complete copy of the organization's Articles of Incorporation that have been filed with the Corpations and Securities
  Bureau, if the organization is incorporated.

  3. A copy of the letter from I RS stating the organization is emept from federal tax under IRS code 501 (c)3 OR copies of
  bank statment per year for thw previuos five years, excluding the current year. The last seven items is not required, only
  first 3 items.

  On #2 I remember I went there and submitted for the copy of Incorporated and I had to wait for more than an hour so
  maybe better call them to submit then you can pick it up anytime to save your waiting time.
                                                                                        (Iv
  I need them by April 19th or 20th so I can give to the city clerk on 2oth or earlier.(ou have to wait another 30 days. After
  the city commison approves it, I will pick it up on the next business. Then whom's"hould I send the informations - I think I
  should send the informations to Bureau of Lottery to speed up the applications.

  Any questions please let me know!

  Bobby




                                       Friday, April 16, 2004 America Online: MIDeafA
    MDA CONSTITUTION & BY-
                                                        LAWS
 Michigan Deaf Association, Inc.                                                                    The membership of this Association shall be
                                                                                                    open to any Deaf/hh and hearing citizen with
          Constitution
             and
           By-laws                             SECTION I:
                                                            ARTICLE I - NAME                        understanding that hearing member~
                                                                                                    held an effiee and has f¼8--¥00ng 13rivil0ge
                                                                                                    MAY VOTE BUT MAY NOT BE ELECTED
                                                                                                                                                        n_A
                                               The name of this non-profit organization is          OFFICER.
  (As amended at the 45th Biennial             "Michigan Deaf Association, Inc." (MDA)
    Convention, Troy, Michigan,                                                                    SECTION 2:
        September 29, 1995)                    SECTION 2:                                          Any Deaf organization in the state of Michigan
         Organized in 1887                     This Association, formerly known as Michigan        supporting this Association's purpose and
                                               Association of the Deaf, Inc. (MAD) was             objectives may affiliate with this Association.
       Incorporated in 1911                    organized in the city of Flint, Genesee county      Any individual whd is the member of affiliated
 Under the laws of state of Michigan           is 1887, and incorporated in the state of           organization shall have voice and vote
          · A non-profit organization          Michigan in 1911.                                   privileges at this Association's meetings. The
                  Under                                                                            affiliated organization shall pay special annual
     Section S0l(c)(3) of the Internal         SECTION 3:                                          dues on rate per member set forth by the
                                               This Association is classified as a non-profit      convention assembly. See Article 2 in Bylaws.
          Revenue Code of 1954
                                               organization under section 50l(c)(3) of the
                                               Internal Revenue Code of 1954 (or the               SECTION 3:
          TABLE OF CONTENTS                    corresponding provision of any future United        Membership may be extended to families and
                                               States Internal Revenue Law).                       friends of the Deaf citizens and the
                CONSTITUTION                                                                       professionals serving that population.
                                                         ARTICLE II - PURPOSE
Article   I      Name                      I                                                       SECTION 4:
Article   II     Purpose                   I   SECTION I:                                          Each year, graduates of any secondary
Article   III    Registered Address        I   The purpose of this Association is to serve as a    educational program for the Deaf in the state
Article   IV     Tenn                      I   voice for Deaf citizens of Michigan. The            of Michigan are entitled to a year's free active
Article   V      Membership                I   objectives oftbe Association are 1) to promote      membership in the Association. Their
Article VI       Officers                  I   communication and architectural accessibility,      membership qualifies them to attend meetings
Article VII      Board Of Directors        2   the right to choose an educational program,         of the chapter nearest their homes. Chapters
Article VIII     Meetings                  2   and the right to choose communication mOde;         are responsible in securing the names of such
Article IX       Home Office               2   2) to protect the Constitutional and civil rights   graduates and awarding the membership.
Article X        Amendments                2   of Deaf citizens; 3) to preserve the American
Article XI       Dissolution               2   Sign Language and Deaf culture.                              ARTICLE VI - OFFICERS

                  BY-LAWS                      SECTION 2:                                          SECTION I: TITLE AND TERM
                                               This Association shall be a cooperating
Article I        Requirement Of                member with the National Association of the         A: The officers of this Association shall be a P,
                 Membership                2   Deaf, also known as the MAD.                        lstVice-President, 2nd Vice-President,
Article 2        Dues And Assessments      2                                                       Secretary, Treasurer and Fund Raising
Article 3        Executive Board           2    ARTICLE III - REGISTERED ADDRESS                   Chairperson. These fivc(A (6) duly-elected
Article 4        Duties of Officers        2                                                       officers shall serve as an executive board.
Article 5        Chapters                  3   SECTION I:                                          8: Their terms of office shall be from
Article 6        Functions of Board            The registered address of this Association shall    convention to convention. (2 years)
                 Directors                 3   be the address5ofthe Association President.         C: The immediate past President shall serve on
Article 7        Quorum                    3                                                       the executive board for one year only.
Article 8        Convention                4              ARTICLE IV -TERM
Article 9        Funds                     4                                                       SECTION 2: ELECTION PROCEDURE
Article 10       Committees                5   SECTION I:
Article 11       Affiliations              5   The existence of this corporation is perpetual.     A: The election of officers shall take place
Article 12       Official Publications     5                                                       only at biennial conventions of this
Article 13       Parliamentary Authority   5          ARTICLE V - MEMBERSHIP                       Association.
Officers Oath                              5                                                       B: }le 13eFSen shall be eligible te hel8 effiGe in
                                               SECTION I:                                          this Asseeiatien 1rntil he4.Re Ras been a
                                                                                                   member in geed standing'and a rnsident eflhe
                                                                                                   stale ef ~1iehigan fer twe (2) yeaFS. A
  2                                                                     MDA CONSTITUTION & BY-LAWS
MEMBER IS ELIGIBLE TO HOLD AN                      SECTION 2:                                         a detnment to this Association and Its
OFFICE IN THIS ASSOCIATION IF HE/SHE               The meeting of this Association shall convene      members.
I) IS A RESIDENT OF THE STATE OF                   at biennial conventions during odd-numbered
MICHIGAN 2) IS GOOD STANDING, AND                  years.                                             I. A two-thirds (2/3) vote of the Board of
3) HAS BEEN MEMBER FOR AT LEAST                                                                       Directors is sufficient cause for suspension or
ONE YEAR. A FORMER MEMBER WHO                           ARTICLE IX - HOME OFFICE                      expulsion.
WISHES TO RETURN TO ASSOCIATION                                                                       2. Such members sh al I have the right to appeal
AND BE ELIGIBLE TO HOLD AN OFFICE                  SECTION I: AUTHORIZATION                           such decision before the membership during
SHALL PAY CURRENT YEAR AND LAST                                                                       an assembled convention.
YEAR DUES.                                         The Association may maintain a home office
                                                   on such location and in such quarters as shall     ARTICLE 2 - DUES AND ASSESSMENTS
C: Newly-elected officers shall take oath on       be designated by the Board of Directors. The
the same day of election. However, they shall      designated location shall be remained until        SECTION A:
                                                   changed by vote of the Board of Directors.         The Association membership dues shall be
not take office until thirty (30) days after an                                                       payable annually beginning January !st in a
election. The previous officers shall conduct      SECTION 2: EXECUTIVE DIRECTOR                      calendar year.
this Association's business during that thirty
(30) day period, but shall not initiate any new    Applications for the office of executive
programs or projects without consulting the        director shall be screened and appointed by the    I. The rate of dues shall be determined by
newly-elected officers. The newly-elected          Board of Directors. The executive director         convention assembly for as listed:
board shall be a part of any meeting or            shall have the responsibility of maintaining the
business transactions conducted by the             home office within the policies, guidelines and    A: Individual membership.
previous board during the thirty (30) day          financial limits established by the Board of       B: Senior citizen individual membership as
period of transition.                              Directors. The executive director shall report     classified be federal government guidelines.
                                                   to the Board of Directors.                         C. Affiliated organization membership --
SECTION 3: VACANCY OF OFFICE                                                                          special dues
                                                         ARTICLE X - AMENDMENTS
A: In the event of the death or resignation ofa                                                       SECTION B:
President, the 1ST Vice-President shall assume     SECTION I:                                         If dues arc not paid within three (3) months
the presidency and appoint another person          The Constitution and By-Laws of this               after they become due, the member shall no
from the Board of Directors to the office or       Association may be amended only at the             longer be a member in good standing and not
1ST Vice- President, subject to approval of the    biennial conventions by affirmative vote of        be allowed to participate in the proceedings of
Board of Directors.                                two-thirds (2/3) of the members present. Such      any meeting of this Association or his/her
B: In the event of the death or resignation of     proposed changes must be written and               chapter. Upon receipt of dues to make
an officer other than the President, the           distributed to members sixty (60) days prior to    membership current, the member will regain
President may appoint another person to fulfill    the convention.                                    his/her full privileges.
the vacancy, subject to approval of the Board
of Directors.                                      ARTICLE XI - DISSOLUTION                           SECTION C:
C: An officer who desires to resign from office                                                       The payment of dues shall be made either to
shall submit a written resignation to the          SECTION I:                                         the Association Treasurer or chapter treasurer.
executive board and it shall be read at the ne ·   In the event this Association decides by
scheduled Board of Directors meeting.              majority vote at a duly~called convention to       SECTION D:
                                                   dissoh·e itself, the Association shall decide by   Assessments may be levied on all members by
ARTICLE VII - BOARD OF DIRECTORS                   majority vote to distribute all tangible goods     resolution of the Board of Directors. Such
                                                   and assets including RestFiated RESERVE and        assessments shall be made only once in any
SECTION I:                                         special funds to any program or programs that      twelve (12) month period of time.
This Association shall have a Board of             focus on Deaf people in the state of Michigan.
Directors. It shall consist o f ~ SIX (6)                                                                 ARTICLE 3 - EXECUTIVE BOARD
duly-elected officers, the immediate 1=1ast                          BY-LAWS
PfeskieR-t, the Presidents of recognized                                                              SECTION A:
chapters and affiliated organizations, the ~1DA        ARTICLE I - REQUIREMENT OF                     The executive board shall be empowered to ac
Feaord editoF :\.PPOINTED DIRECTOR OF                             MEMBERSHIP                          in emergencies, subject to approval of the
MISS DEAF MICHIGAN PAGEANT and                                                                        Board of Directors.
appointed Members-at-Large. All members or         SECTION A:
the Board of Directors shall have equal voice      The active members of this Association arc the     SECTION B:
and vote.                                          dues- paying individuals. Life members are         They shall prepare an agenda for the Board of
(SEE ARTICLE 5, SEC. G)                            the indiYiduals who purchased life                 Directors meetings and conventions.
                                                   membership prior to 1966.
        ARTICLE VIII - MEETINGS                                                                       SECTION C:
                                                   SECTION B:                                         They shall vote on all minor transactions and
SECTION I:                                         All members in good standing shall have voice      authorize payments on bills of reasonable
The business of the Board of Directors shall be    and full voting privileges at all official         amounts.
conducted at any time and place in the state or    meetings of this Association.                      SECTION D:
Michigan, whenever a duly-called meeting of                                                           In the event of state or National emergency or
its officers and directors shall be assembled.     SECTION C:                                         disaster, when a regular convention cannot be
They shall meet at least two (2) times a year      Any member may be suspended or expelled            held, the executive board elected at the most
and a meeting before the general session           from the rights and privileges of his/her          recent convention shall continue and oversee
during the biennial convention.                    membership if such action(s) are proven to be      the affairs of this Association.
       3                                                                         MDA CONSTITUTION & BY-LAWS
    SECTION E:                                            3. Receive and certify all credentials of the         Objectives of chapters are to be conducted in
    All legal documents given and accepted by             delegates or representatives of recognized            harmony with those of this Association. Each
    this Association shall be executed by the             chapters and organizations.                           chapter may conduct its own affairs as it
    President and Secretary as such officers.             1. SeP•e as an al!oFnate ea signer efeheaks ef        deems b~sl. Chapters are encouraged, if
                                                          lhis Asseeiatien. ~AFl:islo 9; seat. A:2}             circumstances permit, to donate moneys to the
    SECTION F:                                            S. Be e11st08ian eftho Asseaiatien eerperato          general fund of this Association.
    Interested citizens shall be appointed as             seal, ,,,Rish shall be affocod ta all doe11men!s ta


G   Members-at-Large by the executive board.              whiel'I Otis Asseeiatien is a paFI:).                 SECTION D: INDEBTEDNESS
    The number of Members-at-Large shall not
    exceed one-third (l/3) of the number of              ~ECTION !:>: E: TREASURER                              Under no circumstances shall chapters incur
    officers, AND chapter representatives aoo--the        Treasurer shall:                                      indebtedness in the name of this Association.
    imme0iate past Presh:leRt on the board.
                                                          1. Be responsible for all moneys collected and        SECTION E: ELECTION OF CHAPTER
       ARTICLE 4 - DUTIES OF OFFICERS                     disbursed by this Association and record all                          OFFICERS
                                                          accounts of receipts and expenditures.
    SECTION A:              PRESIDENT                     2. Prepare quarterly up-to•date financial             I. Chapters shall hold their elections at the
    President shall:                                      reports prior to each meeting of this                 earliest possible time after the Association
                                                          Association and Board of Directors.                   convention.
    I. Preside all meetings of this Association an        3. Sign as the principal co•signer of checks of       2. The names and addresses of all chapter
    enforce order.                                        this Association. (AFl:isle 9; a:2}                   officers shall be forwarded to the Association
    2. Enforce due observance of the Constitution         4. Keep records of all membership dues, and           Secretary immediately after each election.
    and By-Laws.                                          issue receipts and membership cards upon              3. lfa chapter officer is elected to an office of
    3. Appoint standing and special committees.           receipt of dues collected and sent in by chapter      this Association. He/she will automatically be
    4. Appoint the nominating committee at least          Treasurers.                                           required to give up his/her office in his/her
    six (6) months before the biennial convention.        5. Keep an up-to-date membership list.                chapter.
    $. Ile eRe effeur {1) effisers autheFize8 ta          6. Post a bond every two (2) years, amount to
    ea sign sheslis efthis Asseeiatien. (,ii Ftisle 9;    be determined by the Board of Directors,              SECTION F: DUTIES OF CHAPTER
    seat. 1\:2}                                           including the theft indemnity clause, bond                            TREASURER
    6. 5. Maintain liaison with the National              premium to be paid by this Association.
    Association of the Deaf at all times.                 7. Maintain various funds as set up, with             The chapter treasurer shall assume full
    7. 6. Call special meetings as necessary.             advice of the Board of Directors.                     responsibility to collect dues and forward sam
                                                                                                                with names and addresses to the Association
    SECTION B: 1st VICE-PRESIDENT                         SECTION !i:F: FUND RAISING CHAIR                      Treasurer within thirty (30) days of their
    1ST Vice-President shall:                             Fund Raising Chairperson shall:                       receipts. The membership cards will be issued
    I. Perform all duties of the President in his/her                                                           by the Association Treasurer only.
    absence.                                              I. Appoint a minimum of 3 members to serve
    2. Perform other assignments that the President       on the fund raising committee.                        SECTION G: REPRESENTATIVES TO
    may delegate.                                         2. Plan activities or events to raise funds.          THE BOARD OF DIRECTORS MEETINGS
    3. Advise and assist the chairperson of the           3. Submit plan and itemized budget to the
    local planning committee with the biennial            Board of Directors for approval.                      I. Each chapter AND AFFLICIATED
    convention program.                                   4. Be responsible for the receipts and                ORGANIZATION President shall
    4. Serve as the Chairperson of the Association        expenditures of the activities or events.             automatically become a member of the Board
    Law Committee.                                        5. Shall make a financial report to the Board of      of Directors.
                                                          Directors during the next board meeting after         2. Each chapter AND AFFLICJATED
    SECTION C: 2ND VICE-PRESIDENT                         the completion of an activity or an event.            ORGANIZATION President shall attend all
    2ND VICE-PRESIDENT SHALL:                                                                                   Board of Directors meetings. In case of
    I. PERFORM THE DUTIES OF THE                                    ARTICLE 5 - CHAPTERS                        absence, he/she shall appoint an alternate who
    PRESIDENT IN THE ABSENCE OF THE                                                                             is a member in good standing. A written OR
    PRESIDENT AND I ST VICE-PRESIDENT.                    SECTION A: ESTABLISHMENT                              VERBAL authorization for the alternate must
    2. PERFORM OTHER ASSIGNMENTS                                                                                be forwarded to the Association Secretary.
    THAT THE PRESIDENT MAY DELEGATE                       I. The Board of Directors shall promote the
    IN HIS/HER ABSENCE.                                   establishment of Association chapters covering        SECTION H: EXPENSES FOR BOARD OF
    3. SERVE AS THE EDITOR OF THE                         such areas in the state of Michigan as it may         DIRECTORS MEETINGS
    ASSOCIATION'S NEWSLETTER.                             deem advisable.
                                                          2. The executive board shall provide                  Each chapter shall assume the responsibility o
    SECTION G:D: SECRETARY                                duly-executed charters bearing the Association        reimbursing expenses for transportation and
    Secretary shall:                                      seal to the chapters.                                 meals incurred by their representatives.

    I. Record minutes of all official Association's       SECTION B: PURPOSE                                      ARTICLE 6 - FUNCTIONS OF BOARD
    and Board of Directors' meetings, and shall                                                                           OF DIRECTORS
    prepare same for publications within sixty (60)       1. The purpose of chapters are to recruit more
    days.                                                 members in their respective areas for this            SECTION A:
    2. Be responsible for all official                    Association.                                          THE BOARD OF DIRECTORS SHALL:
    correspondence conducted in behalf of this            2. The aim is to maintain interest and assist in
    Association and its Board of Directors as             carrying out the general objectives of this           I. Be empowered to transact all business
    delegated to him/her by the President and/or          Association.                                          affairs of this Association between
    the Board of Directors.                                                                                     conventions.
                                                          SECTION C: OBJECTIVES                                 2. Determine per diem expenses to the
                                                                                                                executive board, law committee chairperson
   4                                                                     MDA CONSTITUTION & BY-LAWS
and the editor during c.onventions from time to     3. Chairperson shall appoint sub-committees to       shall be made by the assembly at the
time.                                               handle registration, program and banquet.            Association's biennial convention.
3. Assume the responsibility of reviewing any       4. The host committee shall mail convention
proposals, motions, or amendments prior to          information along with hotel/motel reservation       SECTION I: SOLICITATION
convention.                                         card, at least six (6) months before any
4. Have the power to suspend any officer(s) for     convention.                                          No soliciting for any purpose shall be allowed
good and sufficient reason by a two-thirds          5. The host committee shall work closely with        at any convention without prior authorization
(2/3) vote.                                         the Board of Directors in the planning for           by the Board of Directors.
5. Have the authority to administer all funds       convention.
donated to this Association.                        6. The host committee shall submit all reports                   ARTICLE 9 - FUNDS
                                                    of convention and finances to the Association
SECTION B:             REIMBURSEMENTS               President within ninety (90) days after the          This Association shall maintain a general fund
                                                    convention, and shall become final upon the          and Reslrie~ed RESERVE funds, as specified:
I. Reasonable expenses incurred by the duly-        Board of Directors' approval.
elected officers, the immediate past President                                                           SECTION A:
and the Members-at-Large attending board            SECTION C: FINANCIAL REPORT                          General fund shall be maintained to help
meetings shall be reimbursed by this                                                                     defray its operators expenses.
Association.                                        I. The financial report shall include an
2. The mda record editor and President's            itemized record of all receipts and                   I. All revenues from dues, affiliation fees,
committee chairperson(s) attending on the           expenditures as recorded on the last day ofth        contributions, and transfer ofm-eaeys FUNDS
President's request shall also be reimbursed by     convention.                                            rom other sources shall be deposited into this
the Association.                                    2. After all expenditures are paid, convention       Association's checking account. The checking
                                                    moneys on hand shall be divided sixty (60)           account maximum balance shall ene thousanS
          ARTICLE 7 - QUORUM                        percent to be given to the host chapter and          (S l,QOQ) Sellars. Any excess mooeys FUNDS
                                                    forty (40) percent to be given to the                AS DECIDED BY THE EXECUTIVE
SECTION A:                                                                                               BOARD shall be transferred to the savings
The number of members of the Board of                                                                    account.
Directors present shall constitute a quorum.
                                                                                                         2. Any th,ee (l) effeu, (1) alllse,s TWO (2)
l. A majority vote shall decide all transactions.                                                        OF SIX (6) DULY-ELECTED OFFICERS arc
                                                                                                         required to co-sign for disbursement of
                                                                                                         moneys from the general fund. as states iA B)
SECTION 8:                                                                                               Laws, Artiele 1: sestioRs a:?, b:$, s:1 aRS 8:3.
Members of this Association present at all          Convention agenda shall be determined by the
conventions and officially announced general        Board of Directors.                                  3. The Treasurer is authorized to spend a total
meetings shall constitute a quorum.                                                                      of no more than !$0-$100, adjusteS ts the
                                                    SECTION E:                                           aAAblal rale efiRflation, each month.
I .a majority vote shall decide all transactions    Nominations for any office may be made in            AMOUNTS ABOVE $100 REQUIRE
except amendments. (see Article X.)                 two (2) ways.                                        APPROVAL OF THE EXECUTIVE BOARD

       ARTICLE 8 - CONVENTION                       I. From floor.                                       4. No moneys arc withdrawn from the
                                                    2. By the nominating committee.                      checking or savings account for making
                                                                                                         investments before the approval of the Board
SECTION A: CONVENTION BIDS                          SECTION F: VOTING PROCEDURE                          of Directors. The Board of Directors must
                                                                                                         receive complete information on any
I. This Association shall accept bids from host     I. During business sessions, the voting shall be     investment before making decision.
chapters for future conventions. It shall           by show of hand.
schedule at least four (4) years in advance.        2. During elections, the election of candidates      SECTION B:
2. Host convention bids must have approval in       shall be by written ballot.                        -Q..estrieted RESERVE NAD quota fund shall
writing from the officers of the chapter making     3. Balloting shall continue until the candidate      be maintained to help defray the annual quota
the bid.                                            has received a majority vote.                        assessment imposed on this Association by the
3. Chapters shall submit host convention bids       4.a majority vote of an assembly present may         National Association of the Deaf.
to the Board of Directors at any time up until      transact any and all business of this                l. Tl~e moAe) amouRt, detimninsd by the
the general opening of the convention. The          Association except amendments. (see art. X)          Goard ofDiree!ors shall be eelleeted Hom
bid must be accompanied with letters of                                                                  eaeh eoH•·entioA FegistFant anS Be Se13osited
confirmation from a site.                           SECTION G: VETO                                      iAte this fi1Ad.
4. The next convention site shall be                                                                     1. S1:1ff!lws fuRds may Be used to helfl defra)
determined by the Association members in            The assembly may veto any decision or action         the eirtrnAses iReumd By the AsseeiatioR
assembly at convention.                             of the Board of Directors.                           delega!e(s) ta NAD eoRveAtien.
                                                                                                         THE PER-PERSON QUOTA FEE SET BY
SECTION B: HOST COMMllTEE                           SECTION H: N.A.D. CONVENTION                         THE NATIONAL ASSOCIATION OF THE
                                                    DELEGATES                                            DEAF (NAO) SHALL BE COLLECTED
I. The bidding chapter receiving the majority                                                            FROM THE DUES AND BE DEOPOSITED
vole shall be host committee for the next            The Association President and Vice-President        INTO THIS FUND. THE STATE FEE SET
convention.                                         are the delegates to the National Association        BY NAO SHALL BE DISBURSED OUT OF
2. Host committee shall select its own              of the Deaf(N.A.D.) biennial regional meeting        THE ASSOCIATION OPERATING
chairperson and notify the Association              and convention. Selection of additional              EXPENSE FUND.
President.                                          Association delegate(s) to NAO convention
                                                                                                         SECTION C:
   5                                                                      MDA CONSTITUTION & BY-LAWS
RestriGted RESERVE convention fund shall             3. The fiscal year of this Association is from         time and money for the benefit of Deaf people
help to defray deficits incurred by the              January I to December 31.                              or this Association.
committee hosting the biennial conventions of
this Association.                                          ARTICLE 10 • COMMITTEES                          I. Suggested awards listed:

I. Only the Board of Directors shall be              All committee chairpersons shall be appointed                      President's Award
empowered to disburse moneys from the                by the President with the approval of the                          Volunteer of the Year
convention fund. This shall be based on proof        Board of Directors. The President shall be an                      Employer of the Year
of reasonable needs of the host committee.           ex•officio member of all committees, except of                     Interpreter of the Year
                                                     the nominating committee.                                          Ben Beaver Leadership Award
SECTION D:                                                                                                              Special Awards
~~         RESERVE scholarship fund is               SECTION A: LAW COMMITTEE
established to preserve the memories of              Law Committee shall review the Constitution
Thomas Lewis Brown and Willie Hubbard,               and By-Laws of this Association and
long time and beloved teachers of Michigan           recommend PROPOSAL FOR changes to the
school for the Deaf, and Grace Lacey, beloved        Board of Directors and the convention.                 2. LiaisoA u•ith LioAs Ch1b
friend and interpreter for the Deaf people,                                                                 3. Amrnal stale 13icnic (FCSJWAsiBilit) of all
especially in the Detroit area.                      I. Recommendations must be presented to the            ~
                                                     Board of Directors ninety (90} days, and to
I. The purpose of the fund is:                       members in good standing sixty (60) days                      ARTICLE II · AFFILIATIONS
                                                     prior to the convention.
A. To disburse reasonable amount of                  2. Final decisions of revisions are made at the        SECTION A:
scholarship fund, upon approval of the Board         convention.                                            Except for Deaf organization in Article v of
of Directors, annually to each legally Deaf          3. GAi) the bav, Commiuee shaiFJleFSOfl shall          the Constitution, any other agency or
recipient, male and female, who graduate fro         Be FeimBtmed fer dl!rati011 ofEOAVeAtioA.              organization, incorporated or not, may affiliate
secondary school programs, two from                  3. THE 1ST VICE-PRESIDENT SHALL BE                     with this Association by signing an article of
Michigan school for the Deaf and two from            THE CHAIRPERSONOF THE                                  affiliation, going on record as being
mainstreaming settings which practice the total      CONSITUTION AND BY-LAWS                                wholehearted willing to cooperate in the work
communications philosophy, based on                  COMMITTEE.                                             of this• Association in advancing its purposes.
academic achievements and leadership.
B. Detailed procedures and eligibility will be       SECTION 8: WAYS & MEANS                                SECTION 8:
set forth by the Board of Directors.                 COMMITTEE                                              Each agency or organization shall pay an
                                                     Ways & Means Committee shall provide                    nnual affiliation fee oft•,,eflt)' ($20.QO}
2. Maintenance of fund:                              overall financial statements and                       FIFTY ($50.00) dollars to this Association.
                                                     recommendations for improvement or growth,             The fee shall be deposited into the general
The ViGe PFesideA:l FUNDRAISING                      to the Board of Directors at the biennial              fund.
CHAIRPERSON shall assume responsibility              convention.
of raising or seeking contributions to                                                                      SeCTIO~I C:




                                                                                                            -
                                                     I. This committee shall review the income,             RepFesentati"es afaffiliates may Rai•e voise at
perpetuate this fund.

SECTION E:
                                                     expenditures and programs financed by this
                                                     Association, and submit a proposed two-year
                                                                                                      t«-   !his Assosiation's FFrnetings, But shall haue RO

Restricted RESERVE Ben Beaver Award Fund             budget to be put into effect on January 1st.
(COMBINATION OF MICHIGAN SCHOOL                      This proposed budget shall be subject to the           S ECTION QC:
FOR THE DEAF, DON BROWN AND BEN                      approval of the Board of Directors.          •         Each agency or organization, upon annual
BEAVER FUNDS) is maintained to be used               2. The approved budget will be put into effecO         payment of an affiliation fee, shall be entitled
for class action suits for the benefit of all Deaf   beginning January I after each biennial                to any current information and newsletters.
people's rights.                                     convention.
                                                                                                            ARTICLE 12 - OFFICIAL PUBLICATION
I. The MINIMUM BALANCE limit of this                 SECTION C: RESOLUTION COMMITTEE
fund shal I be kept iA rnAge sf.\T                   Resolution Committee shall prepare                     SECTION A:
three-thousand ($3,000) dollars. THIS FUND           resolutions, policy statements or plans of             This Association shall publish a newsletter,
SHALL EARN INTEREST. ANY AMOUNT                      action to be followed up by the Board of               THE J\IDA RECORD, at least four (4) times
IN EXCESS OF $3,000 MAY BE USED FOR                  Directors.                                             a year. It shall include minutes of the Board o
THE PURPOSE OF THIS SECTION.                                                                                Directors meetings.
2. The responsibility for collecting                 SECTION D: NECROLOGY COMMITTEE
contributions and disbursing moneys shall be                                                                SECTION B:
assumed by the Board of Directors.                   Necrology Committee shall prepare a list of
                                                     members who have passed away between                   The purpose is to keep the members and
SECTION F:             AUDIT OF FUNDS                conventions.                                           affiliated organizations up to date by
                                                                                                            distributing information and news about the
I. The President shall appoint three (3)             SECTION E: NOMINATING COMMITTEE                        activities of this Association.
auditors, one from each of any three (3)             Nominating Committee shall ask for
Association chapters, with the approval of the       nominations for state officers, and prepare a          SECTION C:
Board of Directors. The Treasurer's report           slate for the election process. (see ART. 4;     A     The e8itoF sf tho mda reGerEI sAall Be
requires the signatures of at least two (2) out of   SEC.A:4)                                         "     appeinted B} the ereslltivo Beanl, '.',ith
three (3) auditors.                                                                                         apprn, al ef!Re Board efDire1Hers. The editor
2. The financial status of this Association shall    SECTION F: AWARD COMMITTEE                             (2ND VICE-PRESIDENT} shall be reimbursed
be audited by the two (2) auditors at least two      Awards Committee shall determine individual            for expenses incurred in publishing of ffiOO:
(2) times a year.                                    awards for outstanding deeds or donations of           -       THE MDA RECORD by this
   6        _____                                           MDA CONSTITUTION & BY-LAWS
Association. the fee to be 0etermme8 By the
BoaF8 efDirnstoFS.

SECTION D:
All newsletters shall be mailed to those listed
on the official membership list. Other
individuals or organizations may subscribe to
the mda record, at a fee determined by the
Board of Directors.

    ARTICLE 13 - PARLIAMENTARY
            AUTHORITY

Robert's Rules of Order, revised, shall be the
parliamentary authority on all matters not
covered by the Constitution and By•Laws of
this Association.

         DATES OF AMENDMENTS

198;       Kalamazoo
1993       Flint

,~Tro: f'nT f>Lo4SO                               Y\   'T
OATH OF OFFICERS-- "l hereby promise
to observe and uphold the Constitution and
By-Laws of the Michigan Deaf Association,
Inc. To protect the rights of Deaf Citizens. I
will at all times discharge the duties of my
office to the best of my ability. So help me
God." [This is not a part of the Constitution
and Bylaws. It was added as a guide for a
person who leads the oath. (9/29/1995)]


NOTES:
        •
                                                                STATE OF MJCHIGAN

                                                       BUREAU OF STATE LOTTERY
                                                                     LANSING
JENNIFER      M.    GRANHOLM                                                                                                                    GARY   C.   PETERS
         ~
                                                                                                                                                  CCM,ISSIOOER




                               LOCAL CIVIC ORGANIZATION QUALIFICATION INFORMATION


      Please allow at least 4 weeks for the qualification process.

      If the organization has never submitted qualifying information as a local civic organization,
      the following information shall be submitted prior to being approved to conduct a bingo,
      milligoaire party, raffle. charity game or ot1meral g a ~ - - - - - - - - - - - - - -
                 ,---                                                                      -.......______ -
         1. A signed and dated copy of the organization's current bylaws or constitution.                  "
                                         e orga             Ic es o ncorporatIon that have been file
    ~,.c.__ __         ----~..
              ...---·__ the Corporations and Securities Bureau, if the organization is incorporated.
                                    .       ---   -;   --   -       -------------   -- .. --·--·-···········~-- ·----·-····-··-----·
           3. •A copy of the letter from the IRS stating the orgariTzatic5ri-ts··exemprrrom ederal tax ··.)
                                                                                                                                       ,-   -

               under IRS code 501 (c)_~ .
   '----···                                                          . OR -                                              ··· ····--· ..
                   copies of one bank statement per year for the previous five years, excluding the
                   current year.
           4. A provision in the bylaws, constitution, or Articles of Incorporation that states
              should the organization dissolve, all assets, and real and personal property will revert:

                   A. If exempt under 501(c)3, to another 501(c)3 organization.

                   B. If not exempt under 501 (c)3, to the local government.
           5. A receipt and expenditure statement for the last two years. If expenditures were
              made to individuals, explain the nature of these expenditures.

           6. A copy of a resolution passed by the local body of government stating the
              organization is a recognized nonprofit organization in the community (sample format
              attached).
           7. A provision in the bylaws, constitution, or Articles of Incorporation indicating the
              organization will remain nonprofit forever.

      Additional information may be requested after the initial documents submitted have been
      reviewed. If you have any questions or need further assistance, please call our office at
      (517) 335-1159.


     Act 382 of the Public Acts of 1972, as amended, defines a local civic organization as an organization "not for
     pecuniary profit and not affiliated with a state or national organization, which is recognized by resolution adopted by
     the city in which the organization conducts its principal activities, whose constitution, charter, articles of
     incorporation, or bylaws contain a provision for the perpetuation of the organization as a nonprofit organization
     whose entire assets are pledged to charitable purposes, and whose constitution, charter, articles of incorporation, or




    :;:,~::;r~~ ~ r-
     bylaws contain a provision that all assets, real property, and personal property shall revert to the benefit of the city



                                                                                                                Lr,:-.. -,
                                        1   E HILLSDA~:~h~g~~:~~~;;,~t~3~-~~~~ICHIGAN 48909                            ~-11/-r
Date:      April 27, 2004
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Annual Taxicab License Renewal -
           Port City Cab Company & Yellow Cab Company




SUMMARY OF REQUEST: This request is from Thomas Wakeield and
Steve Barnum of Wakefield Leasing, whose office is located at 770 W.
Sherman Blvd., Muskegon, Ml. They are requesting approval of a
license to operate 11 taxicabs for both Port City Cab Company and
Yellow Cab Company. The Muskegon Police Departrrent has inspected
the taxicabs and approves this request.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of 11 taxicabs.
                          Al'PLICATICtl




Name of Company (d,b,a,)

Address of 0£fice _ _ _ _ _ _ _ _L.,L.Q:,_-1.c;.....c:il~'l,,l.::::..~a:.~~L.d:.:C..""-:=-:-

Name & Residence o£       )                                                                  Age_£I_
each person interested    )
in or connected with the )
above, individual, firm or) - - - - - - - - - - - ' - - - - - - - - -                         Age~---
corpora ti on.            )
                            -------------------                                               Age_ __
                            ___________________                                               Age_ __

                                     _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __

Present Business o£ each person
connected with the above application.




Give experience of applicant in taxicab
business in this City or elsewhere.


Number of cabs applicant proposes to use_ _ _ _ _,,1...~c):::...,_____________

Are there any unpaid or unbonded judgments
of record against the applicant
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of     crime or misdemeanor,
if so, state date and Court. _________...,_lf-'l)"'---------------




State liens, mortgages or oth r!efl!umbrances including conditional sales
contracts on such taxicabs.    tJ.l.12.
Attached hereto is a list of the automobiles with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.

The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.

                                           Signature

Subscribed and sworn to before me a Notary Public i.n and for Muske
County, Michigan, this  ·:')  day of       /• /,,,.•. \-    . , ~                                  :)Cf.   q
My commission expires
      J5-' - I ~.,) --- (l '-⇒-
                                                    ll, '(\ ..,,.__, k k u J'L D i,1... ~> 111•,
                                                                  ·)r;      1;/        -
                                                       .    Notary Public

 Application Approved
                                                           Chief of Police
                                   APPLICATIOO FOR TAXICAB OPERATOR
                                                in the
                                                                                                                                          I uJ\.,
                                      CITY OF MUSKEGON, MICHIGAN                                                                                'I_,   f}   'f
                                                                                                                                           '1' '1
Name of Company ( d, b, a, ) _ _ _S::.L..fw.e.,:dS../<-.£E'-""-~Ei,,,:...!"°:>'-.l.l...L./JWl~1~<½=t------------
Address of Office                          /   3:; 0 ?             /i'c., lty e£ /Jcu'/u,;
                                                            ' _ _ _ _ _ _ _ _7_ _ _ Age _ __
                                                      _______
Name & Residence of       )
each person interested    ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __
in or connected with the )
above, individual, firm or) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
corporation,              )
                            _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __

                                                      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age _ __


Present Business of each person
           • h h             .  .        (>l,<J,-br,
connected wit t e above application, _ __::;;__ _' . : . . : ' ' : . . : . - - - - - - - - - - - - -




Give experience of applicant in taxicab /                                         q
business in this City or elsewhere. _ _...:.._LL---!;l~/~¢'...;;q:u..C~r_ _ _ _ _ _ _ _ _ _ __
                                                                                         I

Number of cabs applicant proposes to use_ _ _ _~/
                                                _ _ _ _ _ _ _ _ _ _ _ _ _ __

Are there any unpaid or unbonded judgments
of record against the applicant
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of any crime or misdemeanor,
if so, state date and Court.


Name 0£ insurance company with which              J/J                                                                              j
applicant is insUZ"ed and amount of coverage. _,/c..:..7,c:mcc,e«e..·.,_,--_.,'-·.:a'-':::<a..;.i"1_...._(~~;;.Pe..:J':1...<e<7....1.'...f rw,'(._-

                                                                                         ...o"·.a;;Sc..s-f-..:eac·.:..'--------
Name of 1 cc al agent or r epr esen ta tive. J./1_,_f_,t1:,,...:C_,(..;r__,.E'..;<"c....-4-F

I s the above applicant the sole owner of all the automobiles
proposed to be used?
State liens, mortgages or other encumbrances including conditional sales
contracts on such taxicabs.

Attached hereto is a list or the automobiles with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.

The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.

                                                                   Signature

Subscribed and sworn to before me a Notary Public in and for Muskegon
County, Michigan, this   C/fA day of                          l,9. .i.u,i ~c,· I                                      ,
My commission expires
       2 - ·i? ,,._. "   f,
                                                                          rLr:/4,   felt-'\,
                                                                               . Notary Public

  Application Approved
                                                                                         Chief of Police
                                           (l:! 5   t   c u r i I \'   en   I, • "   ct d   d c c u m e n t   S t e   b ~Ck   fCr    ti• I • i I ~                                             •..z,-71
                                                                                                                                                                                25144
1;'
.°I
111


      ~
                         WAKEFIELD LEASING CORP .
                                        770 W. SHERMAN BLVD.
                                        MUSKEGON. Ml 49441
                                                                                                         11-78



                                                                                                                                    DATE             2 - /?...---;t:?
                                                                                                                                                                    1
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                                                                                                                                                                                                     11
                                                                                                                                                                                                     ~
                                                                                                                                                                                                     I
III
  -   TOTHE  '
      ORDER OF
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                                                                                                                                                                        (7'-.  J.     ,..:,,__ ·     i
J _____:7J~~~~~~~~~~~~~~~~~-:t:.=-===========~-DOLLARS                                                                                                                               In ":,:~.       I!
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                                                                                                                                                                                                      !f
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                   - -                                                                                                                                                                               1,_,_
                   MJskegon. Mc:hlgao

      FOR   ~.u' \/.;,       t>5                                                                                              -.. - ~ t<-Jt..t:C.C.,ff-A4'"<"
                   11 1 0 2 S • t.t.111 1:0? 20000 'H,1:                                                •81.0 3 b 3 • b011'
        B~/25/2004                10:41          5173717121
                                                                                                                                                                                PAGE      01/02

     AC_ORQ."                  CERTIFICATE OF LIABILITY INSURANCE                                                                                        CSR !CW
                                                                                                                                                      CF-W11KE
                                                                                                                                                                       I        DATli jMM/DDJYYYY)
                                                                                                                                                                                   02/25/04
 PRODUCER                                                                                 THI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
                                                                                          ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE
 Hirsoh B~anch                                                                            HOLDER. THIS CERTIFICATE DOES NOT AMEND, ESXTENO OR.
 615 N capitol Ave                                                                        ALTER THE COVERAG£c AFFORDED SY THE POLICIES BELOW,
 Lan$ing MI 48933
 Phone:517-371-2~00                        Fax: 517-:,71-5059                          INSURERS AFFORDING COVcRAGE                                                                NAIC#
 IN$URED                                                                               INSUR~A:          J,rnoi:j.eia.n CaiSIJ-iiil;lty %ri,urancei

                                                                                       INSURE:!\ S;
                 Wakefield Leasing Colp,                                               INSURERC:
                 DBA l'o:i:t. City Ca company
                 770 W. Sherman                                                        INSURER D;
                 Muskegon MI 49441
                                                                                       lNSURERE:
 COVERAGES
   THE POLICIES OF INSUAANCE. LISTED BELOW HAVE BE.!~ ,ssue:o TO THE IN$URE.O NAf.1EO ABOVE FOR THe POLICY PERIOD INDlCATCO, NOTWITH$TANtllNG
   ANY RliO.UJReMENT, TERM OR CONOIT10N OF ANY CO!'lffAACT OR OTH~R OOCUMENr WITH Rl:SP!i:CTTO v,JH!CH THIS CERTIFlCATI: MAY BE JSSUl:D OR
   MAY PERTAIN, THE INSVRANCE AFf'ORDE □ ev THE POUCIES OESCRIEIEO HEREIN IS SUBJ!:.CTTO ALL TI-IE: T~Fl.MS, EXCLUSIONS ANO CONDITIONS OF SUCH
   POLICIES, AGGREGATE LIMITS SHOWN MAY HJ>.VE B6EI~ R!:.OUCE □ BY PAID CLAIMS.

·L~ NSR                YYPE   or INSURAtJC5                f'Ol,.ICY NUMBER         oATE iMMJor:,,yy-,       =
                                                                                                          "DATE (MMt.OIDVVf'                                      LIMITS

                                                                                                                                                                            •
           -GENERAi. t.lABILlTf                                                                                                       cACH OCCURRENC5

           >--
                 COMMl:.RCIAL G!:.NERAL LIABILITY
                 ==1   C~IMS MADI:        D   OCCVR
                                                                                                                                      PRifi,.-i!SEs /Ea 0001,;(Qnee\
                                                                                                                                      MEO exp {Any onQ person)
                                                                                                                                                                            •
                                                                                                                                                                            $
           >--
                                                                                                                                      PERSONAL & AOV INJURY                 $
           f-
           f-
                                                                                                                                      QENEMI.- AGGREGATI:
                                                                                                                                                                            •
           h
            GEN'LAGG1'6GATE L1MIT APPLIES PER:
                 POLICY   n      'Jrr?r   rr   LOC
                                                                                                                                      PRODUCTS • COMPfOP AGG
                                                                                                                                                                            •
 A
           -AUTOMOBILE UABJL\if
                 ANY AUTO                             250362940                      03/01/04                 03/01/05
                                                                                                                                      COMBINED SINGLE LIMIT
                                                                                                                                      (Es a~i::ident)                       $
           -
           -     ALL OWNGD AUTOS                                                                                                      BODILY INJURY
                                                                                                                                                                            Gl00,000
           --
            X    SCI-IEOULED AU1'0S
                 tilREDAUiOS
                                                                                                                                      (Por person}



           ---
                                                                                                                                      B0011.Y INJURY                        •300,000
                 NON-OWN!;;D AUTOS                                                                                                    (Per e¢d1!11'\I)


                                                                                                                                     PROF'l;.RTY DAMAGE
                                                                                                                                     {Per eix;idel'll)                      $100,000
           GARAGE LIABILITY                                                                                                          AUTO ONLY-EAACCIDE:NT

           HANYAUTO                                                                                                                  OTMERTHAN                EAACC
                                                                                                                                                                            '
                                                                                                                                                                            $


           EXCESS/UMBRELLA LIABlLIT'(
                                                                                                                                     AUTO ONLY:

                                                                                                                                     EACH OCCURReNce.
                                                                                                                                                                 AGO
                                                                                                                                                                            •
           =:] OCCUR           □                                                                                                     AGGREGATE                              '
                                       CLAIMS MADE
                                                                                                                                                                            '
           ~ 050UCtlBLE.                                                                                                                                                    '
                 Rt.TENTION                                                                                                                                                 '
                                                                                                                                                                            $
     WORK~ OOMPENSA.TlON AND
     ErJIPl.OYERS' LIABILITY
                                   '                                                                                                     ITORY w.-11rS I        /VER   M




                                                                                                                                     E:,l., EACH ACCIDENT
     ANY PROPRIEiORIPARTNER/EXECUTNE
     OFFICl:R/MEMBER ~:XCLUOI: □ ?                                                                                                   E..L. DISEASE- EAEMPI.OYEE S           '
     !f ~s. deS(:tiba ul\®f
     S CIAL PRO\IISIONS below                                                                                                        E,L DISEASE· POLICY LIMIT              I
     OTtlER



PESCR!PTION OF OPERATIONS/ LOCATIONS I VEHICLES/ EXCLUSIONS AD OED BY ENDORSGM\iNT / SPECIAL l"ROV!SIONS
SEli! ATTACHED VEHlCLE SCHEDULJ;l




CJcRTIFICATc !lOLDER                                                                 CANCELLATION
                                                                       M{JSI{Q03      SHOULD ANY OFTHE- ABOVE OESCRl61;"0 POLlt;JtS BE¢ANCELLSl:i 9EFORe THE EXPJRATI
                                                                                      CATE THEVl:EOF, THE ISSUING IN5VRil!RWILI. ENDEAVOR. TO MAIL                      !Q__ DAY$ WRITTEl
                City <:>f Muskegon                                                    t,lOTICI: 'fO THB et:RTIFICA'TE HOl.tl~R NAME0TO THS LEFT, eUT FAIL\J~E! TO 00 so SHA1
                Fax ff231-724-4178                                                    IMPOSli NO OBLIGATION OR LIAB!UTY              or ANY KIND UPON THE INSUR&R, ITS AOli.~TS OR.
                PO Box 53~
                                                                                      REPRESENTATIVE$,
                933 Terrace St.
                M~skegon, Ml 49443                                                   AUTHORIZED REPRESENTATIVI;;
                                                                                     Adam Hirsch
ACORD 25 (2001/08)                                                                                                                                    •s' -©LAS:lORO   QORPOR.ATION 1
                                                                                                                                              <./''                    ·-
     For:   Wakefield leasing Corp.                                             MOURER-FOSTER, INC.
                                                                                615 N. CAPITOL AVE.
                                                                                                                    "'"'
            DBA Port City Cab Company
            770 W. Sherman                                                      LANSING,, Ml                        N
            Muskegon, Ml                                                        48933        517-371-2300          (J1


            49441        616-243-2150
                                                                                                                   '
                                                                                                                   N
                                                                                                                   "'
                                                                                                                   Oil
                                                                                                                   .p.
Business Auto Vehicle Schedule                           Policy eo. 2so3<29<o
                                                                                                                   ~

~r.;.~J£~r~5,.;,=@c[~!ii\~\'i@f\R~~~~~~~~~L~~~~~~~~~~4}l®wl~~'E~-:[~~~1®~1                                         Oil
                                                                                                                   .p.
1                                 JHMRA1878SC007452                                       X                       ~
2                                 JR2RJ184ZfC002671                                       X
3                     Crown Vic   2FALP71w.rrx134568                                      X
4-                    Grown Vic   2FALP71W~TX136143                                       X                       (J1
6                                 2FAFP71W5WX147531                                       X                       ~

6                     Grown Vic   2FAl.J>71W7\iX170312                                                            ---J
                                                                                          X                       w
7                                 1J4FJ6857TL147266                                       X                       ---J
                                                                                                                  ~
8                                 JHMRA18"'3SC001208                                      X                       --.J
9                                 2FAFP71WOXX181104                                       X
                                                                                                                  ~
                                                                                                                  N
10                    CrownVic    12FALP71WISXrn4671                                      X                       ~

11                                2FAlP71W4TX134574                                       X
12                    Crown Vic   2FALP7tW0VX113689                                       X
13                                2FALP7lW5TX134549                                       X
14                                JR2RJ1867VC001312                                       X
15                                JHMRAl876SC01158l                                       X
16                                2FAlP71WOTXl34586                                       X
17                                JHMRA18785C009542                                       X
18                                JHMRA1869VC015507                                       X
19                                2FArP71WXYX185173                                       X
20                                2FAFP71W6WX157453                                       X
21                                2FAFP71W9WX147385                                       X
22                    Crown Vic   I2FALP71W2TX136128                                      l(




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CAB#      33


                     TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1, cj(!;t!J'/                to   APRIL 30,   at!?05


OPERATOR:                     YELLOIA/                  C1'1S      Co
CAB#                         33
MAKE                           \-} 0 Al iJ         IT
BODY STYLE                    V,4A1
YEAR                           1c=,q1
VIN#                         SJ+M '2.fl I 3' t?'l VCo/.5-507
STATE LICENSE#                         S-<f)Ool           c.Y
                                                         ..
SEATING CAPACITY                                   lo
WEIGHT                                             l/7'10

Inspected & Approved by
                                      7
                                             ;     /vvY
                                                   "
Date of Approval _ _ _          ,-1--··.
                                       _ -'cf_·,
                                         .       -_v_•"_,1/'---------
         Required under Section 102-58 (2) of Code of Ordinances· City of Muskegon
                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:             MAY 1,        a(!)O'( to        APRIL 30,       qC:00


OPERATOR:                      Q.,.a.-r-    ~I~-      L,:J-1',                        I




CAB#                            I lo

MAKE                            hPfl..o
BODY STYLE                       i.fo
YEAR                             1qq7
VIN#                          fJ FA-L P7 I        Wt' V X I I':?~ S't:f
STATE LICENSE     #               ~S ~M C7
SEATING CAPACITY                           (o

WEIGHT                                     5'3(p~




Date of Approval      ---~lj_-_Cic___f_-_O_'     _,c/________
         Required under section 102-58 (2) of code of Ordinances - City of Muskegon
CAB    # _3 Lf ___ _


                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY      1,c}tJOl/        to    APRIL 30,       8(JCJS-


OPERATOR:                      Ycll~w Cl9--a ~.
CAB#                          3 t./
MAKE                            l~tJ,VO r4

BODY STYLE                    V.4t11
YEAR                           1qqs-
VIN#                           J"'N /l.11" A- I Jr7 tr j e., t:r:J 9.s- 1/qJ
STATE LICENSE     #              (J) 8' t./     HL
SEATING CAPACITY                        &
WEICHT                                 1/7 f./()

Inspected & Approved by           ---,;"'-/_/_,/a~/_.·/~"~~/---=.=-'-f_y?_-_ __
                                      ,!


Date of Approval _ _ _ _               c/_-_1_-_t_?Lj.,___ _ _ _ __
         Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
CAB#     3J ___ _

                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1,          Jt!Jt!ll/   to APRIL 30, clt)(;}.5"



OPERATOR:                      Yt-i.wiv            r11(b ~ -

CAB#                          31
MAKE                          I:5 (/2. V

BODY STYLE                      1/,1-,v

YEAR                           11q&,
VIN#                         l'i"D   ;::1   o :r I J;4d re!.,      tJ0aJ(o7 I

STATE LICENSE#                   (I/ $t/h        I-/ L
SEATINC CAPACITY                            IA
WEICHT                                      l./?L/0
                                                 . /7
Inspected & Approved by-....,~---,,,,_/_,/L:...,··
                                                      ··:_~
                                              ~-·- - ~ ~ - - - -


Date of Approval      ---~Lj_-_c~1_0_L~f______
         Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
CAB#     _IE_   - -




                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1,      80CJ'/ to            APRIL 30,     'clt!Jt!JS-



OPERATOR:                      PtJP. r L·,,                 A,2,

                                 ,~
                                               I   ·;   (




CAB#

MAKE                           rsv-z..v
BODY STYLE                      V.411/
YEAR                            /qq,
VIN#                          :r(< 0 R-:S I F4'7 l/C-CcJt3/r:J
ST ATE LICENSE    #               lo JP I eO }-}- L
SEATING CAPACITY                        h
WEICHT                                   L/7 'ft}

Inspected & Approved by           ---c
                                         /    ~
                                      ✓r----+,~~--~~----




Date of Approval _ _ _ _             l/~-~1_-_t)_Lj~------
         Required under section 102·58 t2) of Code of Ordinances• City of Muskegon
                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1,        a&Ot./      to APRIL 30, «&CJ~



OPERATOR:                     P~t T        c, , ·, -CA-(3
CAB#                               JO
MAKE                               h;:J~()
BODY STYLE                         t./ n
YEAR                               l'11~
VIN#                         .:J   FA-L.07/ W-~TX ,~l./,;-L/&f

STATE LICENSE#                       q/77 ~H
SEATING CAPACITY                             h
WEICHT                                     53~;;}


Inspected & Approved by             -,=/_/_,.;ZZ,£.--:'--/_/U
                                                  ___         ,<[_~~---
Date of Approval - - ~Lj-,J-Ot./
                      ~----,,~--------


         Required under section 102-58 (2) of Code of Ordinances - City of Muskegon
CAB    # _3 () __ _


                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1, c}(2()t/          to    APRIL 30,       a&oo


OPERATOR:

CAB#

MAKE

BODY STYLE                     5       -WG/1/

YEAR

VIN#                          ,~                   S7TL/

ST ATE LICENSE    #             51

SEATINC CAPACITY

WEICHT                                '/'100


Inspected & Approved by            ~,~4---~-----/7_________
Date of Approval      --~l/_-_C-~'f_-_0_1-+----------
         Required under section 102-58 t2l of Code of Ordinances· City of Muskegon
                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1, (x&tJ</            to APRIL 30, cl&tJS-


OPERATOR:                     YE
                              . Ut:Jt,U         f''A 12. (' t:J •

CAB#                           3S-
MAKE                           Wt')lt/tJA

BODY STYLE                     V A-,v
YEAR                            1qqs-
VIN#                         .r1+M       ~   A 1,r43 sc.,001aoa
STATE LICENSE     #             133{.p tJH
SEATINC CAPACITY                     b
WEICHT                               l/7t/O

                                         /Z
Inspected & Approved by - ~ . , ! - - - ~ - - - - - - - - -


Date of Approval      ---+-i--~9_-_0_tj
                                    __________
         Required under Section 102·58 !2l of Code of Ordinances• City of Muskegon
                      TAXICAB INVENTORY CONTROL
    LICENSE YEAR:             MAY 1,             000'/ to    APRIL 30,       aC'JOo


OPERATOR:                      YcLLOW                GIJA CLJ.
CAB#                          ,:~~
MAKE                          1-/t,JII I /J A

BODY STYLE                     II .a,v
YEAR                           l'1'15
VIN#                          ::r.u M DA 107/o ~ C..,O I ISf:31
STATE LICENSE#                 S&t?O             c..Y
SEATINC CAPACITY                           to
WEICHT                                    '-{, 'ID
                                                    ,f/
Inspected & Approved by                    / / ~ / /j .
                                    7        I

Date of Approval _ _                 t:,,_[-_,O=--:-F-1_·_ _ _ _ _ _ __
                             L/.L._ _ _




         Required under section 102·58 (2l of code of Ordinances• City of Muskegon
 CAB#    _J,.@_


                      TAXICAB INVENTORY CONTROL
     LICENSE YEAR:            MAY 1, ;;JOO'/            to    APRIL 30, c/C:OS-




OPERATOR:                     fJfJ.Dr /"T--,    7    c.ar.;

CAB#                           J~
MAKE                            u 0 ,vo,4

BODY STYLE                     \/al,/

YEAR                            I Cf '15

VIN#                         -;! u M D     A I $3, 6 SC., t?07 t./ 5       .:J

STATE LICENSE#                 5~--:z,-,       C.P

SEATINC CAPACITY                    &
WEICHT                              '-/7 i/0

inspected & Approved ••             ,a/l,/C
Date of Approval _ _,1/'-----c.1-7---'-{=-·,-,Lc _ _ _ _ _ _ _ _ __


         Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
CAB    # _ L{_l{_ ···-


                     TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:            MAY 1, -;;/(t)O'/         to    APRIL 30,       oce::tJS


OPERATOR:                      ~/J..T   &rt cf1l3
CAB#                            L/L/
MAKE                           rsv-zu
BODY STYLE                        V,1-,v
YEAR                              1qq7
VIN#                          ~      ~R.J / 'iJ'b7VCOOll/07
STATE LICENSE#                   ~Bl/3 ::rP
SEATING CAPACITY                   ~
WEICHT                             l/7'/tJ
                                    .



                                            ~/i"'
Inspected & Approved by - 7/ + - - ~ , . - ~ - - - - ~ - - -


Date of Approval _ _ _ _                   a~7_t:}~5I_·______
                                     ?/_,__·'
                                          ___




         Required under section 102·58 (2l of Code of Ordinances - City of Muskegon
Date:     April 13, 2004
To:       Honorable Mayor and City Commissioners
From:     Ric Scott
RE:       Lighthouse Acre Deed


SUMMARY OF REQUEST:
To authorize the V.iayor to sign the quitclaim deed for
Lighthouse Acre


FINANCIAL IMPACT:
None


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
Date:      April 13, 2004
To:        Honorable Mayor and City Commissioners
From:      Ric seoee
Re:        Lighthouse Acre Deed
Attached is a quitclaim deed for Lighthouse Acre from
the Department of Health & Human Services. I would ask
that you authorize the Mayor to sign the deed and have
the Clerk register the deed.
The deed is given to the city for health purposes.
Because of the lift station on the property, they can't
give us the property as parkland through the Park
Service.   So this is the governments way of giving us
the property for us to use as a park.   We do have the
responsibility to maintain the property for 30 years and
must submit an annual report on the maintenance of the
park.
I would ask that you accept the deed.   The neighborhood
association is currently maintaining the park.
Thank you for your consideration.
                                                                                            5100870
                                                                                            L-3600  P-572
                                                  \11111111\11111111 \111111
                                                 Mark Fairchild, Muskegon Co ROD D02
                                                                                            04/30/2004 09:13A
                                                                                            Page: 1 of 9

Contract No. 0l-MI-2260

                                       QUITCLAIM DEED

               THIS INDENTURE, made this 8th day of April, 2004, between the United States
of America, acting through the Secretary of Health and Human Services, by the Director,
Division of Property Management, Program Support Center, U.S. Department of Health and
Human Services (hereinafter referred to as "Grantor"), under and pursuant to the power and
authority delegated by the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
§ 484(k)), as amended (hereinafter referred to as "the Act"), and regulations promulgated
pursuant thereto at 45 C.F.R. Part 12, and the City of Muskegon (hereinafter referred to as
"Grantee").

                                         WITNESS ETH

               WHEREAS, by letter dated March 31, 2004, from the General Services
Administration, certain surplus property consisting of 1.0 acres of land more or less, hereinafter
described (hereinafter referred to as "the Property"), was assigned to the Department of Health
and Human Services for disposal upon the recommendation of the Grantor that the Property is
needed for public health purposes in accordance with the provisions of the Act; and

               WHEREAS, said Grantee has made a firm offer to purchase the Property under
the provisions of the Act, has made application for a public benefit allowance, and proposes to
use the Property in accordance with the approved program of utilization; and

               WHEREAS, Grantor has accepted the offer of Grantee,

               NOW, THEREFORE, Grantor, for and in consideration of the foregoing and of
the observance and performance by Grantee of the covenants, considerations and restrictions
hereinafter contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, has remised, released and quitclaimed and by these presents does remise, release
and quitclaim to Grantee, its successors and assigns, all right, title, interest, claim and demand,
excepting and reserving such rights as may arise from the operation of the conditions subsequent
hereinafter expressed, which the United States of America has in and to the Property, situate,
lying, and being in the County of Muskegon, State of Michigan, and more particularly described
as follows:

               Description of a Portion of Lot No. 753 of ractional Section 28 in Town 10 North,
               Range 17 West, within Pere Marquette Park, Muskegon, Michigan, As Shown on
               the Official Tax Map of the City of Muskegon.

               One Square acre of land: the entire front bordering on Muskegon River and
               running back the same distance and being the acre selected by Henry B. Miller,
               Superintendent and Inspector Light on the Northern Western Lakes, embracing the
               Light House site and may be more paiiicularly known hereafter by having the
               Light House Building near the center which is proposed to be erected fmihwith.

                 SUBJECT to any and all other existing easements, encumbrances, covenants,
restrictions, reservations or conditions affecting the above described property whether or not the
same appear on record.

                The Grantee shall comply with all applicable Federal, State, municipal, and local
laws, rules, orders, ordinances, and regulations in the occupation, use, and operation of the
Property.


                TO HAVE AND TO HOLD the Property subject, however, to each of the
following conditions subsequent, which shall be binding upon and enforceable against Grantee,
its successors and assigns, as follows:

               I.     That for a period of thirty (30) years from the date hereof the Property
                      herein conveyed will be used continuously for health purposes in
                      accordance with Grantee's approved program of utilization as set forth in
                      its application dated the September 24, 2003 and amended on October 6,
                      2003, and for no other purpose;

               2.      That during the aforesaid period of thirty (30) years Grantee will not resell,
                     . lease, mortgage, or encumber or otherwise dispose of any part of the
                       Property or interest therein except as Grantor or its successor in function
                       may authorize in writing;

              3.      Where construction or major renovation is not required or proposed, the
                      Prope1iy must be placed into use within twelve (12) months from the date
                      of this Deed. Where construction or major renovation is contemplated at
                      the time of transfer, the Property must be placed into use within thirty-six
                      (36) months from the date of this Deed.

              4.      That one year from the date hereof and annually thereafter for the aforesaid
                      period of thirty (30) years, unless Grantor or its successor in function
                      directs otherwise, Grantee will file with Grantor or its successor in
                      function reports on the operation and maintenance of the Property and will
                      furnish, as requested, such other pertinent data evidencing continuous use
                      of the Prope1iy for the purposes specified in the above-identified
                      application.




                                        Page 2 of         9


                                           5100870
                          L-3600 P-572
  1111111111111111 111111 Page:            04/30/2004 O9:13A
                                2 of 9
 Mat"k Fairchild, Muskegon Co ROD 002
                             5.         That during the aforesaid period of thirty (30) years Grantee will at all
                                        times be and remain a tax-supported organization or a nonprofit
                                        institution, organization, or association exempt from taxation under
                                        section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

                             6.          That, for the period during which the Property is used for the purpose for
                                         which the Federal assistance is hereby extended by Grantor or for another
                                         purpose involving the provision of similar services or benefits, Grantee
                                        hereby agrees that it will comply with the requirements of section 606 of
                                        the Act (40 U.S.C. § 476); the Fair Housing Act (42 U.S.C. § 3601-19)
                                         and implementing regulations; and, as applicable, Executive Order 11063
                                         (Equal Opportunity in Housing) and implementing regulations; Title VI of
                                        the Civil Rights Act of 1964 (42 U.S.C. § 2000d to d-4)
                                        (Nondiscrimination in Federally Assisted Programs) and implementing
                                        regulations; Title IX of the Education Amendments of 1972 (20 U.S.C. §
                                         1681) and implementing regulations; the prohibitions against
                                        discrimination on the basis of age under the Age Discrimination Act of
                                         1975 (42 U.S.C. § 6101-07) and implementing regulations; the
                                        prohibitions against otherwise qualified individuals with handicaps under
                                        Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and
                                        implementing regulations, and all requirements imposed by or pursuant to
                                        the regulations ofGrantor (45 C.F.R. Parts 12, 80, 84, 86 and 91) issued
                                        pursuant to said Acts and now in effect, to the end that, in accordance with
                                        said Acts and regulations, no person in the United States shall, on the
                                        ground of race, color, national origin, sex, age, or handicap, be excluded
                                        from participation in, be denied the benefits of, or otherwise be subjected
                                        to discrimination under the program and plan referred to in condition
                                        numbered I above or under any other program or activity of Grantee, its
                                        successors or assigns, to which said Acts and regulations apply by reason
                                        of this conveyance.

                       In the event of a breach of any of the conditions subsequent set forth above,
     whether caused by the legal or other inability of Grantee, its successors and assigns, to perform
     any of the obligations herein set forth, Grantor or its successor in function will, at its option, have
     an immediate right of reentry thereon, and to cause all right, title, and interest in and to the
     Property to reve1i to the United States of America, and Grantee, its successors and assigns, shall
     forfeit all right, title, and interest in and to the Property and to any and all of the tenements,
     hereditaments, and appurtenances thereunto belonging;

                      PROVIDED, HOWEVER, that the failure of Grantor or its successor in function
     to insist in any one or more instance upon complete performance of any of the said conditions
     subsequent shall not be construed as a waiver of or a relinquishment of the future performance of

                                                                 Page 3 of         9



                                                              5100870
                                                              L-3600  P-572
                                                              04/30/2004 09: 13A
I\II\\\ ll\11111111111111111 \111111111111\ 11111 \\\\ Ill\   Page: 3 of 9
Mark Fairchild, Muskegon Co ROD D02
        any of said conditions subsequent, but the obligations of Grantee with respect to such future
        performance shall continue in full force and effect;

                         PROVIDED FURTHER, that, in the event Grantor or its successor in function
        fails to exercise its option to reenter the premises and to revert title thereto for any such breach of
        conditions numbered 1, 2, 3, 4, or 5 herein within thirty-one (31) years from the date of this
        conveyance, conditions numbered 1, 2, 3, 4, and 5 herein, together with all rights to reenter and
        revert title for breach of condition, will, as of that date, terminate and be
        extinguished; and

                        PROVIDED FURTHER, that the expiration of conditions numbered 1, 2, 3, 4,
        and 5 and the right to reenter and revert title for breach thereof, will not affect the obligation of
        Grantee, its successors and assigns, with respect to condition numbered 6 herein or the right
        reserved to Grantor, or its successor in function, to reenter and revert title for breach of condition
        numbered 6.

                       Grantee may secure abrogation of the conditions subsequent numbered I, 2, 3, 4,
        and 5 herein by:

                       a.      Obtaining the consent of Grantor, or its successor in function, therefor;
                               and

                       b.      Payment to the United States of America of 11360th of the percentage
                               public benefit allowance granted of the fair market value as of the date of
                               such requested abrogation, exclusive of the value of improvements made
                               by Grantee to the extent that they add to the value of that portion of the
                               Property to be released, for each month of the period to be abrogated.

                        Grantee, by acceptance of this Deed, covenants and agrees for itself, its successors
        and assigns, with respect to the Prope1iy or any part thereof--which covenant shall attach to and
        run with the land for so long as the Property is used for a purpose for which Federal assistance is
        hereby extended by Gran tor or for another purpose involving the provision of similar services or
        benefits, and which covenant shall in any event, and without regard to technical classification or
        designation, legal or otherwise, be binding to the fullest extent permitted by law and equity, for
        the benefit of and in favor of and enforceable by Grantor or its successor in function against
        Grantee, its successors and assigns for the Property, or any part thereof--that it will comply with
        the requirements of section 606 of the Act (40 U.S.C. § 476); the Fair Housing Act (42 U.S.C. §
        3601-19) and implementing regulations; Executive Order 11063 (Equal Opportunity in Housing)
        and implementing regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d to d-4)
        (Nondiscrimination in Federally Assisted Programs) and implementing regulations; the
        prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975
        (42 U.S.C. § 6101-07) and implementing regulations; and the prohibitions against otherwise

                                                  Page 4 of        9



                                          5100870
                                          L-3600 P-572
 1111111111111111 111111
Mark Fairchild, Muskegon Co ROD D02
                                          04/30/2004 09:13A
                                          Page: 4 of 9
      qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29
      U.S.C. § 794) and implementing regulations; and all requirements imposed by or pursuant to the
      regulations ofGrantor (45 C.F.R. Pmis 12, 80, 84, 86, and 91) issued pursuant to said acts and
      now in effect, to the end that, in accordance with said acts and regulations, no person in the
      United States shall, on the ground of race, color, national origin, sex, age, or handicap, be
      excluded from participation in, be denied the benefits of, or otherwise be subjected to
      discrimination under the program and plan referred to in condition numbered 1 above or under
      any other program or activity of Grantee, its successors or assigns, to which such acts and
      regulations apply by reason of this conveyance.

                    Grantee covenants and agrees that the Property will be used for secular purposes,
      with no more than a de minimis level of other activity.

                      Grantee, by acceptance of this deed, covenants and agrees for itself, its successors
      and assigns, that in the event Grantor exercises its option to revert all right, title, and interest in
      and to the Property to Grantor, or Grantee voluntarily returns title to the Property in lieu of a
      reverter, then Grantee shall provide protection to and maintenance of the Property at all times
      until such time as the title is actually reve1ied or returned to and accepted by Grantor. Such
      protection and maintenance shall, at a minimum, conform to the standards prescribed by the
      General Services Administration and codified in the Federal Property Management Regulations at
      41 C.F.R. Subpart 101-47.4913 now in effect, a copy of which is attached to Grantee's
      aforementioned application.

                      In the event title to the Prope1iy or any part thereof is reverted to the United States
     of America for noncompliance or is voluntarily reconveyed in lieu ofreve1ier, Grantee, its
     successors or assigns, at the option of Grantor, or its successor in function, shall be responsible for
     and shall be required to reimburse the United States of America for the decreased value thereof
     that is not the result of reasonable wear and tear, an act of God, or alterations and conversions
     made by Grantee, its successors or assigns, to adapt the property to the health use for which the
     property was transferred. The United States of America shall, in addition thereto, be reimbursed
     for such damage, including such costs as may be incurred in recovering title to or possession of
     the above-described property, as it may sustain as a result of such noncompliance.

                     Grantee, by acceptance of this deed, further covenants and agrees for itself, its
     successors and assigns, that in the event the Prope1iy or any part thereof is, at any time within the
     period of thirty (30) years from the date of this conveyance, sold, leased, disposed of, or used for
     purposes other than those designated in condition numbered I above without the consent of
     Grantor, or its successor in function, all revenues therefrom or the reasonable value, as determined
     by Grantor, or its successor in function, of benefits to Grantee, deriving directly or indirectly from
     such sale, lease, disposal, or use, shall be considered to have been received and held in trust by
     Grantee for the United States of America and shall be subject to the direction and control of
     Grantor, or its successor in function; but the provisions of this paragraph shall not impair or affect

                                                Page 5 of        9



                                          5100870
                                          L-3600  P-572
 1111111111111111 111111
Mark Fairchild, Muskegon Co ROD D02
                                          04/30/2004 09:13A
                                          Page: 5 of 9
         the rights reserved to Grantor under any other provision of this Deed.

                         Grantee, by acceptance of this deed, covenants and agrees for itself, its successors
         and assigns, that the Property is transferred on an "as is, where is," basis, without warranty of any
         kind, either expressed or implied, including as to the condition of the Property. Grantee also
         covenants and agrees for itself, its successors and assigns, that Grantor has no obligation to
         provide any additions, improvements, or alterations to the Property.

         NOTICE & COVENANT REGARDING HAZARDOUS SUBSTANCE ACTIVITY

         Notice of Hazardous Substance Activity. Pursuant to 40 CFR 373.2 and Section 120(h)(3)(A)(i)
         of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
         amended (CERCLA)(42 U.S.C. §9620(h)(3)(A)(i)), and based upon a complete search of agency
         files, the United States gives notice that no hazardous substances have been released or disposed
         of or stored for one year or more on the Property.

         CERCLA Covenant. The United States of America warrants that all remedial action necessary to
         protect human health and the environment has been taken before the date of this conveyance. The
         United States of America warrants that it shall take any additional response action found to be
         necessmy after the date of this conveyance regarding hazardous substances located on the Prope1ty
         on the date of this conveyance.

         (])            This covenant shall not apply: (a) in any case in which Grantee, its successors or
                        assigns, or any successor in interest to the Property or part thereof is a Potentially
                        Responsible Party (PRP) with respect to the Property immediately prior to the date
                        of this conveyance; OR (b) to the extent that such additional response action or part
                        thereof found to be necessary is the result of an act or failure to act of the Grantee,
                        its successors or assigns, or any party in possession after the date of this
                        conveyance that either: (i) results in a release or threatened release of a hazardous
                        substance that was not located on the Property on the date of this conveyance; or,
                        (ii) causes or exacerbates the release or threatened release of a hazardous substance
                        the existence and location of which was known and identified to the applicable
                        regulatory authority as of the date of this conveyance.

         (2)            In the event Grantee, its successors or assigns, seeks to have the United States of
                        America conduct any additional response action, and, as a condition precedent to
                        the United States of America incurring any additional cleanup obligation or related
                        expenses, the Grantee, its successors or assigns, shall provide the United States of
                        America at least 45 days written notice of such a claim. In order for the 45-day
                        period to commence, such notice must include credible evidence that: (a) the
                        associated contamination existed prior to the date of this conveyance; and (b) the
                        need to conduct any additional response action or part thereof was not the result of

                                                  Page 6 of        9



                                         5100870
                                         L-3600  P-572
 IIIIIIIIIIIII I 111111111111111         04/30/2004 09: 13A
                                          Page: 6 of 9
Mark Fairehild 1 Muskegon Co ROD D02
                    any act or failure to act by the Grantee, its successors or assigns, or any party in
                    possess10n.

     Reservation of Right of Access. The United States of America reserves a right of access to all
     portions of the Property for environmental investigation, remediation or other corrective action.
     This reservation includes the right of access to and use of available utilities at reasonable cost to
     the United States of America. These rights shall be exercisable in any case in which a remedial
     action, response action or corrective action is found to be necessary after the date of this
     conveyance, or in which access is necessary to carry out a remedial action, response action, or
     corrective action on adjoining property. Pursuant to this reservation, the United States of
     America, and its respective officers, agents, employees, contractors and subcontractors shall have
     the right (upon reasonable advance written notice to the record title owner) to enter upon the
     Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and
     records compilation and other activities related to environmental investigation, and to carry out
     remedial or removal actions as required or necessary, including but not limited to the installation
     and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry,
     including such activities, responses or remedial actions, shall be coordinated with record title
     owner and shall be performed in a manner that minimizes interruption with activities of
     authorized occupants.


                  IN WITNESS WHEREOF, Grantor has caused this instrument to be executed as of
     the day and year first above written.


                                      UNITED STATES OF AMERICA
                                                 the ecretary of Health and Human Services



                                      By:--=---1--'---=-----------~
                                       Heather M. Ransom, Director
                                       Division of Property Management
                                       Program Support Center

                                          ACKNOWLEDGMENT

     STATEOFMARYLAND )
     COUNTY OF MONTGOMERY) SS

                 On this 8th day of April 2004, before me the undersigned officer, personally
     appeared Heather M. Ransom, known to me to be the Director, Division of Property Management,
     Depmiment of Health and Human Services, and known to me to be the person who executed the

                                               Page 7 of        9


                                        5100870
 1111111111111111 111111                L-3600 P-572
                                        04/30/2004 O9:13A
Mark Fairchild, Muskegon Co ROD D02     Page: 7 of 9
     foregoing instrument on behalf of the Secretary of Health and Human Services, for the United
     States of America, and acknowledged to me that she subscribed to the said instrument in the name
     of the Secretary of Health and Human Services and on behalf of the United States of America.

     Witness my hand and official seal.

     (SEAL)

     .U/u-Llu
    Notary Pub!'"

     My commission expires: _/~(_,)/~!.c.l,_/~/l'---'C'---'b"'-._,{
                                                                 __
                                    -          I




                                                       Page 8 of        9



                                                   5100870
                                                   L-3600 P-572
 1111111111111111 111111
Mark Fairehild, Muskegon Co ROD 002
                                                   04/30/2004 09: 13A
                                                   Page: 8 of 9
                                                    ACCEPTANCE


                 The City of Muskegon hereby accepts this deed and thereby agrees to all the
         terms, covenants, conditions and restrictions contained therein.




                                            ACKNOWLEDGMENT

         STATE OF MICHIGAN  )
         COUNTY OF MUSKEGON ) SS

         On this 27 th day of April, 2004, before me, a Notary Public in and for the City of
         Muskegon, County of Muskegon, State of Michigan, personally appeared, Stephen J.
         Warmington, the Mayor of the City of Muskegon, a municipal corporation, on behalf of
         the City.


                                                                              UNQ\I, POl'TER • NOTAIIYfUII IC
                                                                            COIi""'"
                                                                           Mu...-
                                                                                           •    .·
                                                                                                        ....,
                                                                                                        Mlalllelrt
         Notary Public
                                                                           M~ C1Mllll11lon Expires SopNIIINI 21.£.!
         My Commission expires    -~f'-(_.-,.,_J-"'j'-----"'{}-"{'--;_ _




                                                        Page 9 of 9



                                           5100870
                                           L-3600 P-572
 1111 Ill 111111111 111111
Mark Fairchild, Muskegon Co ROD D02
                                           04/30/2004 09:13A
                                           Page: 9 of 9
                                                ACCEPTANCE


             The City of Muskegon hereby accepts this deed and thereby agrees to all the terms,
covenants, conditions and restrictions contained therein.   ~       7 /

                                           By     . / ,,.,._,,, t ~ ..... 'o h---t t?•·.-. .




                                       ACKNOWLEDGMENT

STATE OF MICHIGAN  )
COUNTY OF MUSKEGON ) SS

On this301Aday of .,,,f;r,'/  , 2004, before me, a Notary Public in and for the City of Muskegon,
County of Muskegon, State of Michigan, personally appeared, Ric Scott, known to me to be the
Director of Leisure Services, City of Muskegon, and known to me to be the person who executed
the foregoing instrument on behalf of the City of Muskegon, and acknowledged to me that he
executed the same as the free act and deed of the Board.

Witness my hand and offic_ial seal.

(SEAL)




Notary Public L,'n#t1    __s-.   /o rt~r

My commission expires _ _ Y_-.;2
                              _- _~_ - o_ G__




                                            Page 9 o f          9
               CERTIFICATION OF RECORDATION


I, Linda S. Potter, Deputy Clerk for the City of Muskegon, did record the
attached Quitclaim Deed (Contract No. 01-MI-2260) at the Muskegon
County Register of Deeds Office on Friday, April 30, 2004.

This has been recorded in Book 3600, Page 572, of the Official Records of
Muskegon County.



Linda S. Potter, CMC
Deputy City Clerk
==--=:;_:::;;:::;_:::::::---·---===··-===-=--::;::.. __ ::; ___ ,_, ____,_

                                   RECEIPT                 ~     53024

     MAR~{ F~ FAIRCHILD~ Registi?r of DE<•:ds
        Midv;el L Kobz.3, Hali of Justice.
                    Muskegon County, Michi1~1an

FROM , l:!l'I OF MUSKEGON
   LiV : RODi

FILI NO.: 51ID@87Wi
BUOK/PAGE: :1600/E72
~Ji/: 1:~A
DOC.: (0@2) lWIT CLAIM DEED                                                                               3B, 0,i




          TOTAL RECORDING fH                                          ---·-·->                            38. 00

 ,,~OUNT (t:as:r, ) RECEIVED ----''>                                                                      :l8,!il0




                                      H* RECEIPT                          ***
  :::::::::::;"•::;;:::,::::·-:::;::;;:::::::;;::::;::::;::::;::::;.:;::::::::::::·-;::::::::::;;::::=:::: •• ::: .... ..:
                       CERTIFICATION OF RECORDATION



I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, of the Office of the County Recorder of the

County of _ _ _ _ _ _ _ _ _ _ _ _ _, State of _ _ _ _ _ _ _ _, did receive on the

_ _ _ _ _ day of _ _ _ _ _ _ _, 20_ _ _, for filing and recordation, the following

instrument:




I further certify that the same has been recorded in Book _ _ _ _ _ _, at Page ____ , of

the Official Records of the said County.




                                             (Signature)


                                               (Title)
                   Commission Meeting Date: April 27, 2004




Date:          April13,2004
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Sale of Marginal Lot at 1095 James Avenue


SUMMARY OF REQUEST:

To approve the sale of a vacant marginal lot (Parcel #24-612-000-0528-00) at 1095
James Avenue to Perry Dennie, of 539 Bennett Street, Muskegon, Ml. Approval of this
sale will allow the adjacent property owner to expand his current yard (see attached
map). The other adjacent property owner was offered a portion of this lot, but didn't
respond. This lot is being offered to Mr. Dennie for $1 under the Dollar Lot Marketing
Plan.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed 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 the resolution and deed.

COMMITTEE RECOMMENDATION:

The Land Reutilization Committee (LRC) recommended approval of this request at
their March 23, 2004 meeting.




4/13/2004
                                      CITY OF MUSKEGON

                                      RESOLUTION #2004- 40 ( f)

RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT

WHEREAS, the City of Muskegon has received $1 from Perry Dennie, 539 Bennett Street,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to his
prope1ty at 1095 James Avenue (parcel #24-6 12-000-0528-00); and

WHEREAS, this lot is considered only marginally buildable under the City's Zoning Ordinance;
and

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and

WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan for the City of Muskegon.

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN
RENEWAL PLAT NO 3 LOT 528 be sold to Perry Dennie for $1.


Resolution adopted this 27111 day of April, 2004.

        Ay~:  Davis , Gawron, Larson , Shepherd, Spataro, Warmington,
              Carter
        Nays: None

        Absent: None




                                                         Gail A. Kundinger, MMC
                                                         Clerk
                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on April 27, 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.

                                                      CITY OF MUSKEGON



                                              By
                                                             Gail A. Kundinger, MMC
                                                             Clerk
Vacant Non-Buildable City-Owned Lot                                                                                                                                                                                                                                                    N


1095 James Avenue                                                                                                                                                                                                                                                                     W~E

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                                                                                                                                                                                                   I           I   Perry Dennie
                                                                                                                                                                                                                   539 Bennett Street
                                                                                                                                                                                                                                                                to be sold

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                                                                                                                                                                                                                                            rm
                                                       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 PERRY DENNIE, a single man, of 539 Bennett Street, 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. 3, Lot 528

 for the sum of: One Dollar ($1.00)

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 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 terminate the reverter clause.

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207 .505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this   _.dl.2tj,_ day of__Li4,_,a""c'-'1c.,/'-----' 2004.
Signed in the presence of:

t:/41 L11I           /~,1_
                                                                    and                                 d.,..,v,..
       ~~    1\,-.,..,   i<r.., K'~ 11.>c.,'i-'1                    Gail A. Kundinger, MMC, Its Clerk

STATE OF MICHIGAN
COUNTY OF MUSKEGON

          Signed and sworn to before me in Muskegon County, Michigan, on           /Int•,/ ol? ,2004 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, fespectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.

(NOTARY SEAL)
                                                              L,"t,Jti     s. A, tf i:-r , Notary Public
                                                            Acting in the County of ,?lt1s !,::_p.c• ,1
PREPARED BY: John C. Schrier                                  12Ju-->,1'.~g,:•·"    .,      County, Michigan
Parmenter O'Toole                                           My Comm. xp,res:        %- il s--o (,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI49443-0786
Telephone: 23 l /722-162 I
WHEN RECORDED RETURN TO: Grantee                            SEND SUBSEQUENT TAX BILLS TO: Grantee


C:\DOCUME-1 \anguilm\LOCALS-1\Temp\812192.doc
                   Commission Meeting Date: April 27, 2004




Date:         April 16, 2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development              cffe
RE:           Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue


SUMMARY OF REQUEST:

To approve the sale of two vacant non-buildable lots (Parcel #24-205-079-0002-10 and
#24-205-079-0003-10) at 443 and 453 Catherine Avenue to William Simonitis, of 449
Catherine Avenue, Muskegon, Ml. Approval of this sale will allow the Mr. Simonitis to
expand his current yard. (see attached map). This lots are being offered to Mr.
Simonitis for $1 each under the Dollar Lot Marketing Plan.

FINANCIAL IMPACT:

The sale of these lots will allow the properties to be placed 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 the resolution and deeds.

COMMITTEE RECOMMENDATION:




4/16/2004
                                     CITY OF MUSKEGON

                                     RESOLUTION #2004-        40 ( h)


RESOLUTION APPROVING THE SALE OF 2 CITY-OWNED NON-BUILDABLE LOTS

WHEREAS, the City of Muskegon has received $2 from William Simonitis, 449 Catherine
Avenue, Muskegon, MI 49442 for the purchase of 2 vacant, City-owned lots located adjacent to
his property at 443 & 453 Catherine A venue (parcel #24-205-079-0003- l 0 and #24-205-079-
0002- IO); and

WHEREAS, these lots are considered unbuildable under the City's Zoning Ordinance; and

WHEREAS, the sale would enable the City to place these prope1ties back on the tax rolls, and
would relieve the City of further maintenance; and

WHEREAS, the sale of these properties would be in accordance with prope1ty disposition goals
and the Dollar Lot Marketing Plan.

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 3 EX W 35 FT BLK 79 and CITY OF MUSKEGON REVISED PLAT OF 1903 E
½ LOT 2 BLK 79 be sold to William R. Simonitis for $1 each.


Resolution adopted this 2ih day of Ap1il, 2004.

            Ayes:     Davis, Gawron, Larson, Shepherd, Spa taro, Warmington,
                      Carter
            Nays:     None

            Absent:




Attest: -     ~ ~ ~ ~ ~::.......1~ ~ ~ ~ ~ ~
            Gail A. Kundinger, MMC
            Clerk
                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on April 27, 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.

                                                      CITY OF MUSKEGON




                                              By
                                                             Gail A. Kundinger, MMC
                                                             Clerk
                      ! ______)
                            ,o,
                                        ~-J ____ j
                                  :fl                    18        "'
                      - -- -- - -- - j ----------
                      18
                                                      18


                                                      18


                                                     18




                                                     I: --'"-




-- _gg_ -   _99_ __




                                                     \        -   --
                                                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 WILLIAM R. SIMONITIS, a single man, of 449 Catherine Avenue, Muskegon, Michigan
49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

CITY OF MUSKEGON REVISED PLAT OF 1903, THE EAST½ OF LOT2 OF BLOCK 79

for the sum of: One Dollar($ 1.00)

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 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 terminate the reverter clause.

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this   d2t/i_ day of    A;,c; /           , 2004.

Signed in the presence of:


                  /latr~r

C)~;~~~'fii
STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on    d.    //p,          7,
                                                                                2004 by STEPHEN
                                                                                  0
                                                                                      ,/


J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, ;espectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.

(NOTARY SEAL)
                                                       L,11dc1       .S  /ol'ft',,, , Notary Public
                                                     Acting in the County of /Tl<1.s k e~,,,-,
PREPARED BY: John C. Schrier                          /JJa 1 6:',., GI a               Coiinty, Michigan
Parmenter O'Toole                                    My Comm'.'Expires:       ? -;;, ,r-o L,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722- I 621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguilm\LOCALS-1\Temp\8I3642.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 WILLIAM R. SIMONITIS, a single man, of 449 Catherine Avenue, Muskegon, Michigan
49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 3, EXCEPT THE WEST 35 FEET OF BLOCK 79

for the sum of: One Dollar ($1.00)

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 Gran tor. 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 terminate 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    di 7 "" day of       4rzc   1 /         , 2004.

Signed in the presence of:




                                                                    and
                                                                    Gail A. Kundinger, MMC, Its Clerk

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       Signed and sworn to before me in Muskegon County, Michigan, on                ,Afl/'1/
                                                                          c!.'5' , 2004 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, r;,.pectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.

(NOTARY SEAL)                                               d/Yld(j        -J . !U6//_
                                                            !.,,,Jc: .S          f;, t tt'r    , Notary Public
                                                           Acting in the County of     77Ju.s/r 'z',"'4' o
PREPARED BY: John C. Schrier                                7'71us /2'.'tf or?                 County, Michigan
Parmenter O'Toole                                          My Comm. xpires:             Z: · o! 0- • O [,
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                           SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOC UME ~ 1\an guilm\L OCALS-1 \Temp\B13642. doc
                 Commission Meeting Date: April 27, 2004

Date:                 April 20, 2004
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department
RE:                   Sale of Buildable Vacant Lot on Meeking Street


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 275 Meeking Street (Parcel #24-613-000-
0673-00) to Habitat for Humanity, 280 Ottawa Street, Muskegon, Ml. The lot is 223 x 126 ft.
and is being offered to Habitat for Humanity for $13,500. They plan to split the lot into three
74.3 ft. lots and construct three 1,260 sq. ft. single-family homes as part of the Jimmy Carter
home building program. The homes will conform to the design guidelines contained in the
"Policy for Sale of City-Owned Residential Property." Habitat for Humanity will be meeting
with the president of the Marquette Neighborhood Association to present the home designs
for review. The True Cash Value (TCV) for the property listed in the Assessor's office is
$18,000, so our price is set at $13,500 which is 75% of that amount.

FINANCIAL IMPACT:
The sale of this lot for construction of three 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:




4/20/04
                                    Resolution No. 2004-40 ( i)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 275 MEEKING
STREET IN MARQUETTE NEIGHBORHOOD FOR $13,500.

WHEREAS , Muskegon County Habitat for Humanity has placed a $400 deposit for the parcel
designated as parcel number 24-613-000-0673-00, located at 275 Meeking Street; and

WHEREAS, the price for parcel number 24-613-000-0673-00 is set by the City at $13,500,
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
further maintenance costs; and

WHEREAS , the sale is consistent with City policy regarding the disposition of buildable lots.

NOW THEREFORE BE IT RESOLVED, that parcel number 24-613-000-0673-00, located at
275 Meeking Street be sold to Muskegon County Habitat for Humanity for $13,500.

           CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOTS 673 TO 676

Adopted this 27th day of April, 2004

Ayes:    Davis, Gawron, Larson, Shepherd, Spa taro, Warmington, Carter

Nays:    None

Absent    None




                                                                          Gail Kundinger, MM
                                                                          City Clerk
                                       CERTIFICATION

I hearby 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 April 27, 2004.


                                                                           Gail Kundinger, M
                                                                           City Clerk
      ~ \~: UJ ~,J .Le~ _____
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                                                  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 MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, of
 280 Ottawa Street, 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. 4, LOTS 673 THROUGH 676, INCLUSIVE

for the sum of Thirteen Thousand Five Hundred and no/100 Dollars ($13,500)

PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall
split the lots into three parcels and complete construction of one (I) single family home on each lot herein conveyed
within eighteen (I 8) months after the date hereof. In default of such construction, title to that lot 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
remoye only those trees necessary for Construction of the home and driveway. "Complete construction" means:
(I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Deputy Director of Public Safety, substantial completion of the dwelling described in the said building
permit. In the event of reversion of title, improvements made thereon shall become the property ofGrantor.
Provided, further, that Grantee covenants that the parcel described above shall be improved with one ( 1) single
family home on each lot, and each lot 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 did._ day of       J;,/"1/             , 2004.

Signed in the presence of:


               s.      l"orrer




C:\DOCUME-1\anguilm\LOCALS-1\Temp\815854.doc
 STATE OF MICHIGAN
 COUNTY OF MUSKEGON

       Signed and sworn to before me in Muskegon County, Michigan, on A11r ✓ -/ cl 7 , 2004, by
 STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayorimd Clerk, respectively, of the CITY
 OF MUSKEGON, a municipal cmporation, on behalfofthe City.



 PREPARED BY: John C. Schrier                    Liq h        S. /lo tfl"/" , Notary Public
 Parmenter O'Toole                             Acting in the County of mu "kg          Q t;l
 175 W. Apple Avenue/P.O. Box 786               111,,1,, A::~a n              Cou y, Michigan
 Muskegon, MI 49443-0786                       My Comm. xpires:         ?- c?.S- - Ci &
 Telephone: 231/722-1621

 WHEN RECORDED RETURN TO: Grantee                     SEND SUBSEQUENT TAX BILLS TO: Grantee




C:\DOCUME-1\anguifm\LOCALS-1\Temp\8I5854.doc
                                REAL ESTATE PURCHASE AGREEMENT


      THIS AGREEMENT is made                Apr i 1 27             , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and MUSKEGON COUNTY HABITAT FOR HUMANITY, a
Michigan nonprofit corporation, with offices at 280 Ottawa Street, 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. 4 LOTS 673 THROUGH 676,
          INCLUSIVE

Subject to the reservations, restrictions and easements ofrecord, 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 Thirteen Thousand Five Hundred and no/I 00 Dollars ($13,500).

        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 (10) days prior
to closing, a commitment for title insurance, issued by 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 (I 0) 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 split the lots into
three parcels and construct on each lot a single-family home, up to all codes, within eighteen (I 8)



C:\DOCUME.J.1\anguilm\LOCALS-1\Temp\815854.doc
months of the closing of this transaction. Buyer may only remove those trees necessary for
construction of the home and driveway. The home 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 each home 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 WAIVES 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 STUB STANCES 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.




C:\OOCUME~1\anguilm\LOCALS~1\Temp\Bl5854.doc
        9.     Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
  2004 ("Closing"). The Closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
  Muskegon, MI ____. 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 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.

           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 pmiies, their successors and assigns.

                  f.      Severa bility. 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.




C :\OOCUME~ 1\anguilm\L OCALS~ 1\T emp\B 15854 .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:                                        SELLER:

                                                  CITY OF MUSKEGON




                                                  Gm! A. Kundinger, MMC, Clerk


                                                 BUYER:

                                                 MUSKEGON COUNTY HABITAT
                                                  FOR HUMANITY




Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MI49440
Phone: (231) 722-1621




C:\DOCUME-1\anguilm\LOCALS-1\Temp\BI5854.doc
FILE# 433242
DATE, May 14th 2004
PROPERTY ADDRESS, 275 Meeking


The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Ple~e check one of the following:
 \/   The undersigned do not request Transnation Title Insurance Company
--    to file the form on their behalf.
      The undersigned have fully and properly completed the forms and
      request that Transnation Title Insurance Company file the form with
      the appropriate local tax collecting unit.  The undersigned
      acknowledge and agree 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.
SELLER (S),
The City of Muskegon


                       ,(
                   ssistan   P anner
                                      AFFIDAVIT OF TITLE


STATE OF MICHIGAN                                             Title Commitment# 433242
COUNTY OF Muskegon
                               lss
                               }

That The City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawfu"I owner(s) of the premises located at:
                                         275 Meeking
                                   Muskegon, Michigan 49443

AND
1.    That on this date hereof there is no mechanic's lien on the property and that no
      V/Ork has been done, or materials furnished, out of which a mechanic's lien could
      ripen.
2.    That no agreement is in effect which would adversely affect the title to the
      property such as a purchase agreement, lease, land contract, option, etc. other
      than the contract with the grantees in a certain deed of even date hereof.
3.    That the parties in possession other than the affiant(s} are bona fide tenants
      only and have no other interest in the premises whatsoever.
4.    That there are no judgments or liens against affiant(s), including income tax
      liens, adversely affecting the title to said property.
5.    That there are no unpaid taxes, special assessments or water bills outstanding
      other than those shown on the closing statement.
6.    That any overlooked, unknown, or misquoted taxes, special assessments, water
      bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
      soon as informed of such.


                                                Seller(s):

                                                The City of Muskegon




Subscribed and sworn to, before me a Notary                                               2004


                                                                 ~}

                                                Notary Public ________                           County
                                                My Commission Expires:
                                                                   TERESA     LAVIGNE . .
                                                           Notary Public, Muskegon County, M1ch1gan
                                                                 Aeling \n Muskegon County
                                                              My Commission Ex.plrns 6-22-2005
                                 TERMITE INSPECTION flAIVER



                                                 Date:    May 14, 2004
                                                   RE:    433242
To:   570 Seminole Road                          Property Address:
      Muskegon MI 49444                          275 Meeking
                                                 Muskegon, Michigan 49443
                                                 County: Muskegon
                                                 Muskeegon Urban Renewal 4 Lots 673-676



We, the undersigned, being the buyers and sellers of the above captioned property, herein
acknowledge and certify that we have chosen to eliminate the requirement of a termite
inspection for this property.


We herein agree to hold harmless Transnation Title Insurance Company and/or 570 Seminole
Road and City of Muskegon, from any liability for loss or damage resulting from the fact
that a termite inspection was not done at the time of closing of the above captioned
property.

BUYER(S):                                    SELLER(S):
                                             The City of Muskegon
                                            SURVEY WAIVER



                                                      Date:   May 14, 2004
                                                        RE:   433242
To:       570 Seminole Road                           Property Address:
          Muskegon MI 49444                           275 Meeking
                                                      Muskegon, Michigan 49443
                                                      County: Muskegon
                                                      Muskeegon Urban Renewal 4 Lots 673-676



We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
\.'le   have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
l,Je hereby release 570 Seminole Road and City of Muskegon, its employees and/or agents, from
any responsibility and/or liability concerning or pertaining to survey matters, including,
but not limited to size of lot or land, location of boundary line, location of building and
encroachments.

PURCHASER(S):                                    SELLER(S):
Muskego                                          The City of Muskegon



                                                                    Ass 1 ~Fnt PI anner
                                                                        (/
                                                   LANDAMERICA TRANSNATION TITLE INSURANCE
                                                   570 Seminole Road
                                                   Muskegon MI 49444
                                                                                                           Date:     May 14, 2004
                                                                                                 Escrow Number:      433242
Property Address:   275 Meeking
                    Muskegon, Michigan 49443


                                                                                 s ELLER'S                 TATEMENT
                                                                                                             DE81T                CREDIT
                                                                   Purchase Price                     I•                    I•     13,500,00
                                                                                                      I                     I
                                                                                                      I                     I
                                                                   EXISTING LOAN                      I                     I
                                                                   Deposit of earnest money           I            400.00   I
                                                                   CLOSING FEES                       I            200.00   I
                                                                   0\./NERS SIMULTANEOUS ISSUE        I            202.00   I
                                                                   Real Estate Corrmission            I                     I
                                                                   Sub Total                          I•        802.00      I•      13,500.00
                                                                   Amount due Seller
                                                                   TOTALS
                                                                                                       •
                                                                                                       $
                                                                                                             12 698.00
                                                                                                             13 500,00        $     13 500.00


*****************************************************************************************••·····••********************************
                                                                    The undersigned Sellers acknowledge Receipt of a copy of this
                                                                    statement and agree to the correctness thereof, and ratifies
                                                                    the disbursement of the funds as stated therein.



                                                                     Seller(s) Signature(s):
                    Commission Meeting Date: April 27, 2004




Date:         April 20, 2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development           c/3C.
RE:           Vacation of a portion of Jackson Ave.


SUMMARY OF REQUEST:

Request for the vacation of Jackson Ave., between E. Western and Ottawa St.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the portion of Jackson Ave., with the condition that any City
easement rights be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended the vacation, with the condition as listed above.
The vote was unanimous with B. Mazade, S. Warmington, and B. Smith absent.
                                     CITY OF MUSKEGON

                                        RESOLUTION #2004- 40 ( j )

                 RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

WHEREAS, a petition has been received to vacate Jackson Ave., between E. Western and Ottawa St;
and

WHEREAS, the Planning Cotmnission held a public heating on April 15, 2004 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the April 27, 2004 City Commission
meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Jackson Ave., between E. Western and Ottawa St.;

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said portion
of street hereby vacated, and it is hereby expressly declared that any such tights shall remain in full
force and effect;

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall
be placed in the easement which, in the sole judgment of the City, will intetfere with the repair or
maintenance of utilities in the easement, public or private.

Adopted this 271h day of Aptil, 2004.

       Ayes:     Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
                 Carter
       Nays:     None

       Absent:    None
                             CERTIFICATE (Vacation of Jackson Ave.)


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 April 27, 2004.            ·




                                                       Gai Kundinger, MMC
                                                       Clerk, City of Muskegon
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                                  Staff Report [EXCERPT]
                                   CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                    REGULAR MEETING

                                        April 15, 2004


Hearing; Case 2004-10: Request to vacate Jackson Ave. between East Western and
Ottawa Street, by Gregory Teerman

BACKGROUND

Lake Welding Supply (LWS), 363 Ottawa, is pursuing the vacation of part of Jackson street,
to the south of their business, in order to help accommodate a proposed future business
expansion. If the vacation is approved LWS will be returning to the Planning Commission for
a special use permit for the installation of a bulk-storage propane tank. Staff has met with
Mr. Teerman to discuss the issue of the propane tank. The first proposal was to place it near
E. Western Avenue. This was too close for city staff's comfort level because of the major
utilities running down Western. The option of moving the tank farther away from western
was discussed and the result was the action of looking into the vacation of Jackson Ave. Mr.
Teerman has stated that the propane tank is needed to stay competitive with other similar
facilities in the area.

Jackson Street is about midway between Marquette and Giddings. Access would still be
available to East Western from these other streets. The road is currently in disrepair and
appears to be made out of gravel. The property to the south of Jackson street has an
entrance and some parking off of Jackson Street. Access to the north side of the property
may be an issue. The building also has access from E. Western and Ottawa.

There are utilities that run through Jackson street between Western and Ottawa. The
Department of Public Works needs utility easements with building and setback restrictions
so nothing can be built over the utilities. The Police department has no major issues with the
vacation. Staff has not received comments from Fire or Engineering, but will bring any
comments to the meeting.

STAFF RECOMMENDATION
Staff recommends approval of the request with the condition that the City retain all
easement rights to the utilities.

DELIBERATION
I move that the vacation of Jackson Avenue between East Western Ave and Ottawa Streets
be (approved/denied). (based on the following conditions--only if approved):

1.   That all City easements be retained.
                                     CITY OF MUSKEGON

                                         RESOLUTION #2004-

                  RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

WHEREAS, a petition has been received to vacate Jackson Ave., between E. Western and Ottawa St;
and

WHEREAS, the Planning Commission held a public hearing on April 15, 2004 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said heming as well as the April 27, 2004 City Commission
meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Jackson Ave., between E. Western and Ottawa St.;

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said p01tion of
street vacated and discontinued provided, however, that this action on the pmt of the City Commission
shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said portion
of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full
force and effect;

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall
be placed in the easement which, in the sole judgment of the City, will inte1fere with the repair or
maintenance of utilities in the easement, public or private.

Adopted this 27 th day of April, 2004.

        Ayes:

        Nays:

        Absent:


                                                By:--------------
                                                 Steve Warmington, Mayor



                                                Attest: _ _ _ _ _ _ _ _ _ _ _ _ __
                                                        Gail A. Kundinger, MMC, City Clerk
                             CERTIFICATE (Vacation of Jackson Ave.)


I hereby ce1tify that the foregoing constitutes a llue 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 April 27, 2004.



                                                       Gail Kundinger, MMC
                                                       Clerk, City of Muskegon
                  Commission Meeting Date: April 27, 2004




Date:         April20,2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development            c_e,c...
RE:           Vacation of a portion of Leahy Street.


SUMMARY OF REQUEST:

Request for the vacation of Leahy St., between Larch Ave. and the Hackley Hospital
professional Center entry drive.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the portion of Leahy St., with the condition that any City
easement rights be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended the vacation, with the condition
as listed above with T. Harryman not present for the vote.




4/20/2004
                                     CITY OF MUSKEGON

                                       RESOLUTION #2004-            40 ( k)

                 RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

WHEREAS, a petition has been received to vacate Leahy., between Larch Ave. and the Hackley
Hospital Professional Center entry drive; and

WHEREAS, the Planning Commission held a public heating on April 15, 2004 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said heai-ing as well as the April 27, 2004 City Commission
meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Leahy St., between Larch Ave and the Hackley Hospital
Professional Center entry d1ive.;

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said p011ion of
street vacated and discontinued provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said portion
of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full
force and effect;

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall
be placed in the easement which, in the sole judgment of the City, will interfere with the repair or
maintenance of utilities in the easement, public or private.

Adopted this 2ih day of April, 2004.

        Ayes:    Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
                 Carter
        Nays:    None

       Absent:    None




                                                Attest:~e , ~ ~~ ~ ~ ~~ ~ ~ ~ ~IJZ
                                                      Gail A. Kundinger, MMC, City Clerk
                               CERTIFICATE (Vacation of Leahy St.)




                                                                          L
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 April 27, 2004.


                                                            ~                                   .
                                                       Gaii'Kundinger,  ~
                                                       Clerk, City of Muskegon
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                                  Staff Report [EXCERPT]
                                   CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                    REGULAR MEETING

                                          April 15, 2004


Hearing; Case 2004-12: Request to vacate Leahy Street between Larch Avenue and
the Hackley Hospital Professional Center entry drive, by Hackley Hospital (Gerald
Adams)

BACKGROUND

Please see pervious case for details.

A previous case has vacated the section of street to the north of this proposed Leahy
vacation. There apparently was a property that was not associated with the hospital and the
entire street could not be vacated. Since that time, the hospital has acquired the land and
now owns the property on both sides.

This section of Leahy does not serve anything but the hospital itself. It serves the function of
a private drive as it sits now. Vacating the street would not appear to disrupt or change the
current circulation of the area.

Staff has received comments from the DPW, they have indicated that we would need to
obtain an easement for water, sewer, and storm utilities. Staff will bring any additional
comments to the meeting.

STAFF RECOMMENDATION
Staff recommends approval of the request with the condition that the City retain all
easement rights to the utilities.

DELIBERATION
I move that the vacation of Leahy Street between Larch Ave and the Hackley Hospital
Professional Center Entry Drive be (approved/denied), (based on the following conditions--
only if approved):

1. That all City easements be retained.
             Commission Meeting Date: April 27, 2004




Date:          April 19, 2004
To:            Honorable Mayor & City Commission
From:          Planning & Economic Development Department                              o3C
RE:            Cool Cities Pilot Program- Grant Request


SUMMARY OF REQUEST: The State has a new Cool Cities Pilot Program available.
Cities that are successful in their applications will receive "catalyst" grants of up to
$100,000, which are designated to jump-start their revitalization efforts. Grants are
due by May 7, 2004. For the first year of funding, 12 cities will be chosen. Muskegon
is proposing to combine this grant with the Neighborhoods of Choice (former Partner
Grant) and the MOOT Transportation Enhancement Grant. The Cool Muskegon
Committee has recommended that we apply for Wayfinding Signage that will be
placed in both the downtown and Lakeside area. In this way, the City can tie these
two important cultural, transportation and tourist areas together.

FINANCIAL IMPACT: There is no requirement for a match, although several other
projects and grants will be tied in with this request. In addition, it is anticipated that
the Chamber of Commerce will be able to assist with private contributions to the
project. The total project cost is anticipated to be $150,000. This will include a
maintenance fund for the signage in the future.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign.

COMMITTEE RECOMMENDATION: The Cool Muskegon Committee recommends
that the City apply for the Cool City grant and request $100,000 for Wayfinding
signage.
                               Resolution No. 2004-40 ( 1)

                           MUSKEGON CITY COMMISSION

                RESOLUTION AUTHORIZING THE SUBMITTAL OF A
              MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
                      COOL CITY PILOT PROGRAM GRANT


WHEREAS, The Michigan State Housing Development Authority (MSHDA) is seeking
grant applications for the Cool City Pilot Program; and

WHEREAS,the City of Muskegon has been working with the Cool Muskegon Committee
to determine ways to make our community more "cool" and to coordinate with the State
of Michigan on Cool City efforts; and

WHEREAS, there are several grant initiatives that the City and/or other entities within
the City are receiving, or hope to receive, including the Neighborhoods of Choice, the
Transportation Enhancement Grant, the Mainstreet designation and the Brownfield
Grant; and

WHEREAS, the project selected by the City and the Cool Muskegon Committee to
receive MSHDA funding, which is Wayfinding Signage, is consistent with the City of
Muskegon's Master Land Use Plan, as well as the Imagine Muskegon Plan; and

WHEREAS, it is the intention of the City and the Cool Muskegon Committee that
Wayfinding Signage will be placed in both the downtown and Lakeside areas of the City,
providing a link between two viable commercial centers (which includes the Cross-Lake
Ferry which will start service between Muskegon and Milwaukee, WI on June 1, 2004) if
a Cool City Grant is awarded;

NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes staff to
apply for and secure a grant, in the amount of $100,000 and enter into a grant
agreement with the Michigan State Housing Development Authority.

Adoptedthis   27 th of April ,2004.

       AYES: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,Carter
       NAYS: None
       ABSTAIN: None
                                  CERTIFICATION
                                     2004-40(1)


This resolution was adopted at a regular meeting of the City Commission, held on April
27, 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.

                                   CITY OF MUSKEGON
             Commission Meeting Date: April 27, 2004




Date:         April 19, 2004
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department c..tSc....
RE:           Set Public Hearing for Amendment to Brownfield
              Plan- "The Watermark" Project


SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by P & G Holdings NY, LLC
("P & G"), known as The Watermark project, located at 1321 Division, in the
Brownfield Plan.

FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the revitalization of the former Shaw Walker building into
residential and commercial space will eventually add to the tax base in Muskegon.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign the resolution.

COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on April 20, 2004 and approved the Brownfield Plan Amendment and recommends
the approval of the Brownfield Plan Amendment to the Muskegon City Commission.
In addition, the Brownfield Redevelopment Authority recommends that the Muskegon
City Commission set a public hearing on the Plan Amendment for May 25, 2004.
                RESOLUTION NOTIFYING TAXING UNITS
              AND CALLING PUBLIC HEARING REGARDING
    APPROVAL OF AN AMENDMENT TO THE BROWNFIELD PLAN OF THE
     CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY

                                     2004-40(m)


                                 City of Muskegon
                           County of Muskegon, Michigan


       Minutes of a Regular Meeting of the City Commission of the City of

Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on

the 27th day of April, 2004, at 5:30 o'clock p.m., prevailing Eastern Time.

PRESENT:

Members Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington

ABSENT:

Members None



       The following preamble and resolution were offered by Member Spataro and

supported by Member Shepherd:

       WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the

"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as

amended ("Act 381"), to create a brownfield redevelopment authority; and

       WHEREAS, pursuant to Act 381, the City Commission of the City duly

established the City of Muskegon Brownfield Redevelopment Authority (the

"Authority"); and
          WHEREAS, in accordance with the provisions of Act 381, the Authority has

prepared and approved a Brownfield Plan Amendment to add the Watermark

project (former Shaw Walker Building); and

          WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to

the City Commission requesting its approval of the Brownfield Plan Amendment;

and

          WHEREAS, prior to approval of the Brownfield Plan Amendment, the

Muskegon City Commission desires to hold a public hearing in connection with

consideration of the Brownfield Plan Amendment as required by Act 381; and

          WHEREAS, prior to approval of the Brownfield Plan Amendment, the City

Commission is required to provide notice and a reasonable opportunity to the taxing

jurisdictions levying taxes subject to capture to express their views and

recommendations regarding the Brownfield Plan Amendment.

          NOW, THEREFORE, BE IT RESOLVED THAT:

          1.    The City Commission hereby acknowledges receipt of the Brownfield

Plan Amendment from the Authority and directs the City Clerk to send a copy of the

proposed Brownfield Plan Amendment to the governing body of each taxing

jurisdiction in the City, notifying them of the City Commission's intention to consider

approval of the Brownfield Plan Amendment [after the public hearing described

below].

       2.      A public hearing is hereby called on the 25th day of May, 2004 at

5:30 p.m., prevailing Eastern Time, in the City Hall to consider adoption by the City

Commission of a resolution approving the Brownfield Plan Amendment.
       3.     The City Clerk shall cause notice of said public hearing to be

published in the Muskegon Chronicle, a newspaper of general circulation in the

City, twice before the public hearing. The first publication of the notice shall be not

less than 20 days or more than 40 days before the date set for the public hearing.

The notice shall be published as a display advertisement prominent in size.

       4.     The notice of the hearing shall be in substantially the following form:



                              CITY OF MUSKEGON
                    COUNTY OF MUSKEGON, STATE OF MICHIGAN


        PUBLIC HEARING ON A BROWNFIELD PLAN AMENDMENT OF THE
        CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY


TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:

        PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on Tuesday, the 25th day of May,
2004, at 5:30 p.m., prevailing Eastern Time in the City Hall located at 933 Terrace
Street, Muskegon, Michigan, to consider the adoption of a resolution approving a
Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment
Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended.

       The property to which the proposed Brownfield Plan Amendment applies is:

              1321 Division Street
              (Former Shaw Walker Building, now "The Watermark")
              Muskegon, Michigan

Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.

       At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendment will be
open for discussion at the public hearing.
      FURTHER INFORMATION may be obtained from the City Clerk.

     This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
        5.     All resolutions and parts of resolutions insofar as they conflict with

the provisions of this resolution be and the same hereby are rescinded.

AYES:

Members Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter

NAYS:

Members None

RESOLUTION DECLARED ADOPTED.



                                             ~ a.Lek -
                                               ii A. Kundinger, MMC, City   <9ieik



                                  CERTIFICATION

        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 July 11, 2000, 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, as amended, and that the minutes of said meeting were kept and

will be or have been made available as required by said Act.




                                             ~0- ~
                                           Gail A. Kundinger,   MMG,Cityrk
                                                                                         '--.L~."' ·"''   1 __   ,_,,._..,__..,J


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           . CITY OF MUSKEGON
   BROWNFIELD REDEVELOPMENT AUTHORITY

         BROWNFIELD PLAN AMENDMENT
            "The WaterMark" Project


Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998, with amendments approved
August 10, 1998, June 13, 2000, April 15, 2003, and July 7, 2003.

Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved August 11, 1998; July 11, 2000;
May 27, 2003, and. August 12, 2003.
                     City of Muskegon Brownfield Plan Amendmenl
                                      April 2004



                       CITY OF MUSKEGON
              BROWNFIELD REDEVELOPMENT AUTHORITY
                       BROWNFIELD PLAN

                                     INDEX




I.     INTRODUCTION
II.    GENERAL PROVISIONS

       A.   Costs of the Brownfield Plan
       B.   Maximum Amount of Indebtedness
       C.   Duration of the Brownfield Plan
       D.   Displacement/Relocation of Individuals on
            Eligible Properties
       E.   Local Site Remediation Revolving Fund

Ill.   SITE SPECIFIC PROVISIONS

       A.   Kirksey/Anaconda Property (Approved 4/14/98)

       B.   Dilesco Corporation Property (Approved 8/11/98)

       C.   Beacon Recycling (Approved 7/11/00)

       D.   Verplank Dock Company (Approved 5127/03)

       E.   Gillespie Development Property (Approved 8/12/03))

       F.   Loft Properties, LLC Property (Approved 8/12/03)

       G.   Parmenter O'Toole Property (Approved 8/12103)

       H.   "The WaterMark" Project (Approved---~
                        City of Muskegon Brownfield Plan Amendment
                                         April 2004


I. INTRODUCTION

In order to promote the revitalization of commercial, industrial, and residential
properties within the boundaries of the City of Muskegon (the "City"), the City
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act
381"), and a resolution adopted by the Muskegon City Commission on February
10, 1998.

The major purpose of this Brownfield Plan ("Plan") is to promote the
redevelopment of eligible properties within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's Part
201 Generic Cleanup Criteria Criteria ("facilities') or that have been determined
to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can
facilitate financing of environmental response activities, infrastructure
improvements, demolition, lead or asbestos abatement, and site preparation
activities at eligible properties; and may also provide tax incentives to eligible
taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to
promote economic growth fro the benefit of the residents of the City and all taxing
units located within and benefited by the Authority.

This plan is intended to be a living document, which can be amended as
necessary to achieve the purposes of Act 381. It is specifically anticipated that
properties will be continually added to the Plan as new projects are identified.
The Plan contains general provisions applicable to each site included in the Plan,
as well as property-specific information for each project. The applicable Sections
of Act 381 are noted throughout the Plan for reference purposes.

This Brownfield Plan contains the information required by Section 13(1) of Act
381, as amended. Additional information is available from the City Manager.
                        City of Muskegon Brownfield Plan Amendment
                                         April 2004




II. GENERAL PROVISIONS

A. Costs of the Brownfield Plan (Section 13(1/(a))

         Any site-specific costs of implementing this Plan are described in the site-
specific section of the Plan. Site-specific sources of funding may include tax
increment financing revenue generated from new development on eligible
brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the
Plan, tax increment revenues may be used to reimburse the private parties. The
initial costs related to preparation of the Brownfield Plan were funded by the
City's general fund. Subsequent amendments to the Plan are funded by the
person requesting inclusion of a projectin the Plan.

         The Authority intends to pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
including, but not limited to:
    i)      the cost of financial tracking and auditing the funds of the Authority,
    ii)     costs for amending and/or updating this Plan, including legal fees, and
    iii)    costs for Plan implementation
with any eligible tax increment revenues collected pursuant to the Plan.
However, at this time, there are no properties included in this plan that will utilize
tax increment financing and therefore there are currently no tax increment
revenues to pay for these costs. As noted above, most costs related to the
preparation of Plan amendments are borne by the person requesting inclusion of
a project within the Plan.

B. Method for Financing Costs of Plan (Section 13(1/(d) and (e)))

The Authority does not intend at this time to incur debt, such as through the
issuance of bonds or other financing mechanisms. In the future, the City or
Brownfield Authority may incur some debt on a site-specific basis. Please refer
to the site-specific section of this Plan for details on any debt to be incurred by
the City or Authority. When a property proposed for inclusion in the Plan is in an
area where tax increment financing is a viable option, the Authority intends to
enter into Development Agreements with the property owners/developers of a
properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific
section of the Plan.
                          City of Muskegon Brownfield Plan Amendment
                                           April 2004


 C. Duration of the Brownfield Plan (Section 13(1 )(0)

         The Plan, as it applies to a specific eligible property, shall be effective up
 to five (5) years after the year in which the total amount of any tax increment
 revenue captured is equal to the total costs of eligible activities attributable to the
 specific eligible property, or thirty (30) years from the date of approval of the Plan
 as it relates to an individual site, whichever is less. The total costs of eligible
 activities include the cost of principal and interest on any note or obligation
 issued by the Authority to pay for the costs of eligible activities, the reasonable
 costs of a work plan or remedial action plan, the actual costs of the Michigan
 Department of Environmental Quality's or Michigan Economic Growth Authority's
 review of the work plan or remedial action plan, and implementation of the
 eligible activities.

 D. Displacement/Relocation of Individuals on Eligible Properties
    (Section 13(1 Ji, i,k,I))

        At this time, eligible properties identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properties that will require the relocation of residences.
Therefore the provisions of Section 13(1)(i-l) are not applicable at this time.

E. Local Site Remediation Revolving Fund (Section 8: Section 13(1 )(m))

         At the time this Plan includes a property for which taxes will be captured
 through the increment financing authority provided by Act 381, it is the Authority's
 intent to establish a Local Site Remediation Revolving Fund ("Fund"). The Fund
will consist of tax increment revenues that exceed the costs of eligible activities
incurred on an eligible property, as specified in Section 13(5) of Act 381. Section
 13(5) authorizes the capture of tax increment revenue from an eligible property
for up to 5 years after the time that capture is required for the purposes of paying
the costs of eligible activities identified in the Plan. It is the intention of the
Authority to continue to capture tax increment revenues for 5 years after eligible
activities are funded from those properties identified for tax capture in the Plan.
The amount of school operating taxes captured for the Revolving Fund will be
limited to the amount of school operating taxes captured for eligible activities
under this Plan. It may also include funds appropriated or otherwise made
available from public or private sources.

The Revolving Fund may be used to reimburse the Authority, the City, and
private parties for the costs of eligible activities at eligible properties and other
costs as permitted by Act 381. It may also be used for eligible activities on
eligible properties for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
Authority in facilitating redevelopment of brownfield properties by providing
another     source      of   financing     for     necessary      eligible  activities.
                         City of Muskegon Brownfield Plan Amendment
                                          April 2004


SITE SPECIFIC PROVISIONS


H.     The WaterMark Project

Eligibility and Proiect Summary (Sec. 13(1 )(h))

P & G Holdings NY, LLC ("P & G") has acquired the former Shaw Walker
Company property in downtown Muskegon, just across from Muskegon Lake.
This property consists of the main plant building of the former Shaw Walker
Company, bounded by West Western Avenue, Franklin Street, Michigan Avenue,
Hudson Street, Washington Avenue and Division Street, City of Muskegon Parcel
No. 24-205-467-0001-00. A legal description and survey map is included as
Attachment H-1 ("Property")

The Property is considered a "facility" pursuant to Part 201. A limited
Industrial/Commercial Remedial Action Plan (RAP) submitted by Lakeview
Industrial Center, Inc. for the entire Shaw Walker facility was approved by MDEQ
on November 14, 2000. P & G purchased a portion of the facility for
redevelopment, and prepared a BEA dated January 11, 2002 for disclosure to
the MDEQ. Subsequently, P & G worked with the MDEQ to prepare an Interim
Response Designed to Meet Criteria (IRDC), to allow for a portion of the property
to be used for Residential purposes. This IRDC Plan, dated 10/17/03, was
approved by MDEQ on 12/15/03. This property is, therefore, considered a
"facility" pursuant to Part 201, and is therefore an eligible property pursuant to
Act 381. This eligible property includes all personal property.

The P & G project, known as The WaterMark ("Project") will result in the
rehabilitation of 7 acres of idle industrial property. When completed, P & G
estimates a 25 million dollar investment. The Project will convert a dilapidated
industrial complex into more than 400 units with a mix of residential, retail and
commercial space. The WaterMark will be completed in phases, with the first
phase to include condominium and retail units, at an estimated initial investment
exceeding $6, 000,000.

The Project is situated on the former Shaw-Walker Company property in
downtown Muskegon, one block from Muskegon Lake. Its neighbors include low
to moderate income single-family residential properties, some small
manufacturing operations, the Muskegon YMCA, a City owned marina and
Heritage Landing, a popular City park on the lakefront utilized for various
community events.

The original multi-story manufacturing building is now functionally obsolete. The
first section of the building was constructed on this site in 1903. By 1963, it had
added 15 auxiliary structures and additions and employed 1200 people. At its
peak, the company employed 2500, and the facilities were expanded by adding
                          City of Muskegon Brownfield Plan Amendment
                                           April 2004


 thirty various additions and structures. It is now almost completely vacant and in
 disrepair. It is the vision of the developers and the City, that this highly visible
 property, currently adorned with graffiti and boarded windows, can once again
 become a vibrant feature of the community.

The parking lots, green space and the structural modifications that are planned
for The WaterMark will be designed and constructed in conformity with current
regulatory requirements for storm water and other environmental media.
Historical contamination that exists on the property will be addressed by removal
and/or the placement of an exposure barrier at a designated location. All work
will be integrated with various green space areas and landscaping to enhance
the functionality of the property, and meet environmental restrictions applicable to
the property. The Michigan Department of Environmental Quality has approved
planned response activity in an agreement with P & G for the implementation of
the IRDC.

The plan for job retention and development includes the retention of a small
manufacturing operation by Knoll, Inc., as the property transitions from its current
use to full build-out. This action will retain an estimated 75 jobs. Long-term
development plans for the nearly 1,000,000 square foot building includes
residential, retail and office units. Although difficult to predict with accuracy, it is
estimated that several hundred new jobs will be created by this project.

This type of mixed-use enhancement of the property in close proximity with
occupational and recreational options and "reuse" of existing materials and
resources in construction, promotes sustainable redevelopment objectives.


Eligible Activities, Financing, Cost of Plan (Sec. 13(1 )(a), (bl, (cl, (d), (g))

Eligible activities that have been conducted on the property include development
of an MDEQ-approved RAP, development of an MDEQ-approved IRDC,
additional response activities through implementation of the RAP and IRDC; and
preparation of a Baseline Environmental Assessment and Section 7a (Due Care)
Compliance Analysis. There are no eligible activities proposed to be financed
with Brownfield tax increment revenues. Further, the Property is localed in a
Renaissance Zone, making Brownfield tax increment financing unavailable. As
such, there are no costs to the City of Muskegon or its taxing jurisdictions as a
result of the WaterMark Project being included in this Plan, and therefore no note
or bonded indebtedness to be incurred by the City.

Single Business Tax Credit

The WaterMark Project is included in the Plan to enable "qualified taxpayers" as
defined by Act 228 of 1975, as amended, to avail themselves of eligibility for a
credit against their Michigan single business tax liability for "eligible investments"
                        City of Muskegon Brownfield Plan Amendment
                                         April 2004


as defined by P.A. 228. "Eligible investments" include demolition, construction,
restoration, alteration, renovation, or improvement of buildings or site
improvements on eligible property and the addition of machinery, equipment, and
fixtures to eligible property after the effective date of this Plan Amendment.

Effective Date of Inclusion in Brownfield Plan

The WaterMark Project was added to this Plan on _ _ _ _ _2004.
    City of Muskegon Brownfield Plan Amendment
                     April 2004




      ATTACHMENT H-1

SITE MAP, LEGAL DESCRIPTION
      THE WATERMARK
    MUSKEGON, MICHIGAN
                                                                 Property Description:
                                          Entire Blocks 467, 468 and 474; TOGETHER WITH the C & O Railway Company right of ways in
                                          said blocks; vacated Hudson Street between said Blocks 467 and 468; vacated Michigan Avenue
                                          between said Blocks 467 and 474; the vacated alley in said Block 468 and the 2 vacated ot!eys
                                          in said Block 474 of the Revised Plot of 1903 of the City of Muskegon (as recorded in Uber 3
                                          of Plots, Page 71, Muskegon County Records), Muskegon County, Michigan; ALSO that part of
                                          Blocks 466 and 475; vacated Michigan Avenue and vacated Cloy Avenue of the Revised Plot of
                                          1903 of the City of Muskegon, Muskegon County, Michigan; ALSO part of the parcel of land
                                          formerly known as Block 5 of Beidler Manufacturing Company's Subdivision of Blocks 332, 333
                                          and 334 of the City of Muskegon, included in the following description: COMMENCING at the
                                          Southwest corner of said Block 475 for POINT OF BEGINNING; thence North along the East line of
                                          Division Street 337.47 feet; thence North 89"40'00" East 427.35 feet to the West line of
                                          Henry Street; thence South 05'18'10" West along said West line 144.97 feet to the Northeast
                                          corner of said Block 475; thence South 00·2s'45" West alon9 said West line 194.75 feet to
                                          the Southeast corner of said Block 475; thence South 89'52 30" West along the South line of
                                          said Block 412.33 feet to the point of beginning. Containing 15.211 acres.

Descriptions:
Phase I
Port of Blocks 467 and 474; together with port of vacated Hudson St. between Blocks 467
and 468; part of vacated Michigan Ave. between Blocks 467 and 474; part of a vacated
Alley in said Block 474; all of a second vacated Alley in Block 474; all being in the
Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan more particularly
described as: Commence at the Southwest corner of said Block 474 for the POINT OF BEGINNING;
thence North 00'20'35" West 414.17 feet along the East line of Hudson St.; thence South
89'48'11" West 1.29 feet alon9 the North line of Michigan Ave.; thence North 02·11 •01" East
7.87 feet; thence South 87"51 37" Eost 185.29 feet along the Southerly line of a 5 story building;
thence South 00"06'34" West 231.27 feet along the West line of a 5 story building: thence
North 89"57'03" East 39.77 feet along the expansion joint between 5 story buildings; thence




                                                                                                                          i~,L_
South 00'00'25" West 182.21 feet along the West line of o 10" brick wall; thence South
89.34'02" West 221.00 feet along the North line of Washington Ave. to the Point of _Beginning.


 D.E.Q. Designation Area                  (Being a part of Phase I)
Part of Blocks 467 OIJd 474; together with port af vacated Hudson St. between Blocks 467
and 468: port of vacated Michigan Ave. between Blocks 467 and 474; port of o vacated
Alley in said Block 474; all of a second vacated Alley in Block 474; all being in the
Revised Plot of 1903 of the City of Muskegon, Muskegon County, Michigan more particularly
described os: Commence at the Southwest corner of said Block 474 ; thence North 00"20'35"
West 162.80 feet along the East line of Hudson St. to the POINT OF BEGINNING for this parcel;
thence continue North 00'20'35" West 251 .37 feet; thence South 89"48'11" West 1.29                     NOUSAIN SURVEYING & MAPPING, LLC
feet along the North line of Michigan Ave.; thence North 02"11'01" East 7.87 feet:                      310 N. Bear Lake Rd.
                                                                                                        Mu:,kegon, Ml    494-45   Phone 231-719-9555   F'ax 231-719-9556
thence South 8/51'37" East 185.29 feet along the Southerly line of o 5 story building:
thence South 00·05'34" West 251.80 feet along the West line of a 5 story building; thence              Drawn by             JMN               Date     8-21-03
 South 89'50'25" West 182.19 feet along the North line of a 5 story building to the
 Point of Beginning.                                                                                  • Checked   by        JMN               Date     8-21-03
                                                                                                          Scale :       1" =50'                Sheet     1 of 1

                                                                                                                           Job No.      03T004.1
                              J                                                       __J
                                                          Fror,k.!in        Str~r:f
                                                                 I,/• 351.64'




J




l



    M•S 00'28'45" W 194-75'
                              Al -   s   OS'!a·,o·   If
                     Street          l-1,ur
      Henry

           ---
Property Description:
 and 474; TOGETHER WITH the C & 0 Railway Company right of ways in
dson Street between said Blocks 467 and 468; vacated Michigan Avenue
7 and 474; the vacated alley in said Block 468 and the 2 vacated alleys
1e Revised Plat of 1903 of the City of Muskegon (as recorded in Uber 3
<egon County Records), Muskegon County, Michigan; ALSO that part of
1cated Michigan Avenue and vacated Clay Avenue of the Revised Plat of
skegon, Muskegon County, Michigan; ALSO part of the parcel of land
< 5 of Beidler Manufacturing Company's Subdivision of Blocks 332, 333
  Muskegon, inclu_ded in the following description: COMMENCING at the
d Block 475 for POINT OF BEGINNING; thence North along the East line of
eet; thence North 89. 40'00" East 427.35 feet to the West line of
uth 05·1s·10" West along said West line 144.97 feet to the Northeast
 5; thence South 00·2s•45" West alon~ said West line 194.75 feet to
  said Block 475; thence South 39·52 30" West along the South line of
to the point of beginning. Containing 15.211 acres.




, St. between Blacks 467
-74; part of a vacated
\; all being in the
Aichigan more particularly
·4 for the POINT OF BEGINNING;
1dson St.; thence South
ance North 02·11 ·01" East
:herly line of a 5 story building;
 5 story     building; thence
  5 story    buildings; thence
,ck wall;   thence South
. to the     Point of Beginning.


)/ Phase          I)                                             ~}i_:;_
, St. between Blocks 467
174; part of a vacated                                         John M. Nousain, P.S. #41106
4; all being in the
\-iichigan more particularly
14 ; thence North 00-20'35"
OF BEGINNING for this parcel;
 9·48'11" West 1.29                    NOUSAIN SURVEYING & MAPPING, LLC
                                       310 N. Bear Lake Rd.
   East 7 .87 feet;                    Muskegon, Ml    49445         Phone 231-719-9555       Fox 231-719-9556
 of a 5 story building;
   5 story building; thence           Drown by           JMN                       Date       8-21-03
 -ry building to the
                                     " Checked   by      JMN                       Dote
                                                                                              8-21-03
                                         Scale :      1" =50'                      Sheet        1 of 1

                                                         Job No.         03T004.1
Date:         April 27, 2004
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Proposals for
              Nims Street Tank Painting


SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Nelson Tank
Engineering & Consulting out of Lansing for a not to exceed cost of $20,175. The scope
of services includes the preparation of the contract document and the performance of daily
inspection should the project be awarded. Nelson Tank was one of two consulting firms
responding to the request for proposal. The other firm, Dixon Engineering out of Lake
Odessa, submitted a very similar proposal with a not to exceed price of$ 21,987.50

FINANCIAL IMPACT:
The cost for the engineering services (Contract specifications & Inspection) of $20,175.




BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION:
Authorize staff to enter into an engineering services agreement with Nelson Tank Engineering
& Consulting.



COMMITTEE RECOMMENDATION:
Date:        April 27, 2004

To:      Honorable Mayor and City Commissioners

From:         Finance Director

RE:      First Quarter 2004 Budget Reforecast - Adoption



SUMMARY OF REQUEST: Staff has previously transmitted the                   First Quarter 2004
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 lime staff is recommending adoption of the budget reforecast
together with any additional changes deemed necessary by Commissioners.

FINANCIAL IMPACT: General fund revenues continue to deteriorate. Currently we
estimate the general fund revenue shortfall to be $451,611, attributable mostly to lower than
projected state shared revenues. General fund expenditure projections are little changed
from the original budget at this time as staff continues to analyze expense reduction options
to offset the revenue shortfall. These will be brought to you in the coming weeks. The first
quarter reforecast incorporates several significant changes to major capital projects due to
updated information not available at the time the original 2004 budget was prepared.

BUDGET ACTION REQUIRED: Self-explanatory.

STAFF RECOMMENDATION: Staff recommends formal approval of the Reforecast
and related budget amendments.

COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
                     CITY OF MUSKEGON
                       GENERAL FUND


                    HISTORICAL SUMMARY


                    Revenues & Expenditures &             Fund Balance
       Year         Transfers In Transfers Out             at Year-End
      1994 $        15,301,973 $   15,572,689 $             2,026,714
      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


                 Fiscal 2004 Budget Summary

FUND BALANCE AT START OF YEAR                                            $     2 431 418

MEANS OF FINANCJNG:
            Taxes                                          13,213,432        58.0%
            Licenses and Permits                            1,128,000        4,9%
            Federal Grants                                    100,087         0.4%
            State Grants                                       27,000         0.1%
            State Shared Revenue                            4,701,744        20.6%
            Other Charges                                   2,109,933         9.3%
            Interest & Rentals                                210,053        0.9%
           Fines and Fees                                     435,750         1.9%
           Other Revenue                                      272,250         1.2%
           Other Financing Sources                            595,000        2.6%
                                                           22,793,249        100.0%




ESTIMATED REQUIREMENTS:
            Customer Value Added Activities                17,636,496        74.4%
            Business Value Added Activities                 4,076,793        17.2%
            Fixed Budget Items                              1 975 877        8.3%
                                                           23,689,166        100.0%

ESTIMATED FUND BALANCE AT END OF YEAR                                    $     l 535 501
      OPERATING DEFICIT (USE OF FUND BALANCE)                            $      (895,917)

      TARGET FUND BALANCE (10% PRIOR YEAR EXPENDITURES)                  $     2,370,533

      ESTIMATED EXCESS (SHORTFALL) vs. TARGET                            $      (835,032)




                                          1
     City of Muskegon
     Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
     General Fund Revenue Summary By Source


                                                                                        Original Budget   Actual Through   Revised Estimate       Change From       % Change From
                                                     Actual 2002        Actual 2003     Estimate 2004      March 2004           2004              2004 Original      2004 Original
     Available Fund Balance - BOY                $      3,162,367   $      2,807,996    $    2,797,798    $    2,431,418   $     2,431,418    $        (376,578) $        (366,380)


     Taxes
     City income tax                             $      6,692,609   $      6,542,355    $    6,450,000    $    1,748,874   $     6,500,000    $          50,000              0.78%
     Property taxes - general                           4,221,258          4,212,477         4,760,458         4,053,392         4,702,934               (57,524)           -1.21%
     Property taxes - sanitation                        1,788,871          1,805,752         1,570,152         1,337,308          1,551,171              (18,981)           -1.21%
     Property taxes~ pass-through from LDFA II            270,337            157,632                                                                                         0.00%
     Industrial facilities taxes                          388,718            446,557           364,327                             364,327                                   0.00%
     Payments in lieu of taxes                             73,191             70,085            80,000                              80,000                                   0.00%
     Delinguent chargeback collected                       30,056             11,886            15,000             4,602            15,000                                   0.00%
                                                 $     13,465,040   $     13,246,744    $   13,239,937    $    7,144,176   $    13,213,432    $          (26,505)        ___--0.20%


     Licenses and permits
     Business licenses                           $         31,525   $          28,455 $         34,500    $        1,435   $        34,500    $                              0.00%
     Liquor licenses                                       35,542              36,427           37,500             6,396            37,500                                   0.00%
     Cable TV franchise fees                              258,425             265,532          270,000                             265,000                (5,000)           -1.85%
""   Telecom franchise fees (Act 48)
     Rental property registration
                                                                               32,024
                                                                                4,905
                                                                                               140,000
                                                                                                 5,000             6,950            10,000
                                                                                                                                                        (140,000)
                                                                                                                                                           5,000
                                                                                                                                                                          -100.00%
                                                                                                                                                                           100.00%
     Property Maintenance Inspection Fees                  64,565              91,360           75,000            10,655            75,000                                   0.00%
     Burial permits                                       103,636             103,564 ·        110,000            24,531           110,000                                   0.00%
     Building permits                                     365,561            .275,642          300,000           136,417           300,000                                   0.00%
     Electrical permits                                    87,788             125,718          135,000            24,329           135,000                                   0.00%
     Plumbing permits                                      66,741              50,030           60,000            10,100            60,000                                   0.00%
     Mechanical permits                                    56,222              94,013          100,000            17,019           100,000                                   0.00%
     Franchise fees                                                                                                                                                          0.00%
     Police gun registration                                1,230               1,110            1,000                                1,000                                  0.00%
                                                 $      1,071,235   $       1,108,780   $    1,268,000    $      237,832   $      1,128,000   $         {140,000)          -11.04%

     Federal grants
     Federal oeerational grant                   $        278,308   $        211,597    $      100,087    $       18,073   $       100,087    $                              0.00%
                                                 $        278,308   $        211,597    $      100,087    $       18,073   $       100,087    $                              0.00%

     State grants
     Act 302 police training grant               $                  $         17,148    $       17,000    $                $         17,000   $                              0.00%
     State oeerational grant                               11,316              6,117            10,000             1,229             10,000                                  0.00%
                                                 $         11,316   $         23,265    $       27,000    $        1,229   $         27,000   $                              0.00%

     State shared revenue
     State.. §_;:J._!~5_1,?1<                    $      5,353,987   $      4,938,861    $    5,000,000    $                $      4,701,744   $         ~298,256}           -5.97%
                                                 $      5,353,987   $      4,938,861    $    5,000,000    $                $      4,701,744   $         {298,256)           -5.97%
      City of Muskegon
      Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
      General Fund Revenue Summary By Source


                                                                                        Original Budget   Actual Through   Revised Estimate        Change From       % Change From
                                                      Actual 2002        Actual 2003    Estimate 2004      March 2004           2004               2004 Original      2004 Original
      Other charges for sales and services
      Tax administration fees                     $        258,323   $        264,949   $      233,000    $      197,743   $       229,150     $           (3,850)            -1.65%
      Utility administration fees                          174,965            183.439          183,439            44,221           183,439                                    0.00%
      Reimbursement for elections                           24,455             30,648           13,000                44            13,000                                    0.00%
      Indirect cost reimbursement                          892,080            974,894        1,012,708           253,177         1,012,708                                    0.00%
      Site-plan review fee                                   1,086                780            1,000               300               1,000                                  0.00%
      Sale of cemetery lots                                 14,988             18,233           20,000             6,812            20,000                                    0.00%
      Sale of cotumbarium niches                                                                                                                                              0.00%
      Police miscellaneous                                  74,044             83,060           65,000             9,479            65,000                                    0.00%
      Police impound fees                                   51,225             65,010           40,000             9,200            40,000                                    0.00%
      Landlord's alert fee                                   2,630                315                                                                                         0.00%
      Fire protection-state property                        42,052             45,965           42,000                              42,000                                    0.00%
      Zoning fees                                           13,955             11.880           13,000             2,870            13,000                                    0.00%
      Clerk fees                                             2,738              2,022            4,035             1,158             4,035                                    0.00%
      Clerk - passport fees                                                     1,735            2,500              930              2,500                                    0.00%
      Tax abatement application fees                         1,423             16,020            6,000                               6,000                                    0.00%
      Treasurer fees                                        40,635             20,702           33,000             4,931            33,000                                    0.00%
0->   False alarm fees                                      17,738             11,429           20,000              440             20,000                                    0.00%
      Miscellaneous cemetery income                         25,569             21,763           24,000             1,880            24,000                                    0.00%
      Senior transit program fees                            7,376              6,651            8,000              946              8,000                                    0.00%
      Township electrical services                                             11,410                             12,216            13,000                13,000              0.00%
      Fire miscellaneous                                     3,858             13,297            5,000             7,276            10,000                 5,000            100.00%
      Sanitation stickers                                   51,081             49,856           55,000             8,653            55,000                                    0.00%
      Lot cleanup fees                                     134,156             91,709           70,000             5,473            70,000                                    0.00%
      Reimbursements for mowing and demolitions            129,421           ·158,315           70,000                73            70,000                                    0.00%
      Special events reimbursements                                            30,610                                               50,000                50,000              0.00%
      Recreation erogram fees                              127,558            116,174          125,101            5,012            125,101                                    0.00%
                                                  $      2,091,356   $      2,230,866   $    2,045,783    $     572,834    $     2,109,933     $          64,150              3.14%

      Interest and rental income
      Interest                                    $        181,931   $         48,505   $       70,000    $       (3,609) $         70,000     $                               0.00%
      F!ea market                                           27,526             31,867           28,000                              28,000                                     0.00%
      Farmers market                                        27,783             29,880           28,000                              28,000                                     0.00%
      City right of way rental                               6,400              4,400            4,400             2,400             4,400                                     0.00%
      Parking rentals                                       24,991              6,017            5,000             1,145             5,000                                     0.00%
      McGraft park rentals                                  37,697             41,338           46,288             1,143            46,288                                     0.00%
      P!her eark rentals                                    26,232             27,400           28,365             6,969            28,365                                     0.00%
                                                  $        332,560   $        189,407   $      210,053    $        8,048   $       210,053     $                               0.00%
      City of Muskegon
      Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
      General Fund Revenue Summary By Source


                                                                                         Original Budget     Actual Through     Revised Estimate        Change From       % Change From
                                                       Actual 2002        Actual 2003        Estimate 2004       March 2004          2004               2004 Original      2004 Original
      Fines and fees
      Income tax• penalty and interest             $        166,621   $        194,562   $         150,000   $         52,418   $       150,000     $                              0.00%
      Late fees on current taxes                             18,006             52,791              25,000                 63            25,000                                    0.00%
      Interest on late invoices                                 589                549                 750                                  750                                    0.00%
      Parking fines                                          61,957             71,698             100,000             28,681           100,000                                    0.00%
      Court fines                                           146,141            152,082             160,000             26,538           160,000                                    0.00%
                                                   _$_ _ ~93,314 $             471,682 $           435,750   $        107,700   $       435,750     $                              0.00%

      Other revenue
      Sale of land and assets                      $                  $                  $           1,000   $                  $           1,000   $                              0.00%
      Ponce sale and auction proceeds                         3,089              1,139               4,000              1,044               4,000                                  0.00%
      CDBG program reimbursements                           372,492            234,073             267,000                              216,000                (51,000)          ·19.10%
      Contributions                                          31,619             35,461              11,000              6,140            11,000                                    0.00%
      Contributions • Veteran's Park Maintenance                                14,232              17,250                               17,250                                    0.00%
      Muskegon County Community Foundation                   13,521             33,000               7,000                                7,000                                    0.00%
      Miscellaneous reimbursements                                                                   1,000                                1,000                                    0.00%
      Miscellaneous and sund!}'.                             18,341             13,289              15,000              4,606            15,000                                    0.00%
""'                                                $        439,062   $        331,194   $         323,250   $         11,790   $       272,250     $          {s1,0001          •15.78'.to

      Other financing sources
      Operating transfers in
       Cemetery Perpetual Gare                     $         56,961   $         61,360   $          70,000   $         13,197   $        70,000     $                              0.00%
       Criminal Forfeitures Fund                                                                    10,000                               10,000                                    0.00%
       Police Training Fund                                  22,281                                                                                                                0.00%
       ODA for Administration                                10,000             10,000              10,000              2,500            10,000                                    0.00%
       Reese Playfield Fund                                  76,746                                                                                                                0.00%
       RLF for Administration                                 5,000              5,000               5,000              1,250             5,000                                    0.00%
       Budget Stabilization Fund                                               500,000             500,000                              500,000                                    0.00%
       Hackle Park Memorial Fund                              9,997                                                                                                                0.00%
                                                   $        180,985   $        576,360   $         595,000   $         16,947   $       595,000     $                              0.00%

      Total general fund revenues and
      other sources                                $     23,617,163   $     23,328,756   $      23,244,860   $      8,118,629   $    22,793,249     $        (451,611)            ·1.94%
             City of Muskegon
             Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
             General Fund Expenditure Summary By Function

                                                                                                                           Actual As                                        % Change
                                                                                         Original Budget Actual Through      % of         Revised          Change From      From 2004
                                                         Actual 2002       Actual 2003   Estimate 2004       March 2004     Revised    Estimate 2004       2004 Original     Original
             I. Customer Value Added Activities

     40301   Police Department
     5100      Salaries & Benefits                   $     5,848,623   $     6,068,410   $   6,834,819   $     1,310,863        19% $     6,834,819    $                     0.00%
     5200      Operating Supplies                            148,091           100,795         147,961            20,695        14%         147,961                          0.00%
     5300      Contractual Services                          981,682           907,969         920,000           239,069        26%         920,000                          0.00%
     5400      Other Expenses                                 73,558            15,774          40,000             5,418        14%          40,000                          0.00%
     5700      Capital Outlays                               125,512            30,581          15,000             1.427        10%          15,000                          0.00%
     5900      Other Financing Uses                                                                                              NIA                                         0.00%
                                                     $     7,177.466   $     7,123,529   $   7,957,780   $     1,577,472        20% $     7,957,780    $                     0.00%
                                                     $     7,177,466   $     7,123,529   $   7,957,780   $     1,577,472        20% $     7,957,780    $                     0.00%

     50336 Fire Department
     5100     Salaries & Benefits                    $     2,964,455   $     3,037,824   $   3,155,178   $       665,516        21% $     3,155,178    $                     0.00%
U7   5200     Operating Supplies                             105,122            95,604          79,500            16,520        21%          79,500                          0.00%
     5300     Contractual Services                           165,970           187,853         180,000            30,596        17%         175,000               (5,000)    -2.78%
     5400     Other Expenses                                  20,731            12,378          10,000              293          3%          10,000                          0.00%
     5700     Capital Outlays                                 57,570            98,132          15,000            15,548        78%          20,000                5,000     33.33%
     5900     Other Financing Uses                                                                                               NIA                                         0.00%
                                                     $     3,313,848   $     3,431,791   $   3,439,678   $       728,473        21% $     3,439,678    $                     0.00%

     50387 Fire Safety Inspections
     5100     Salaries & Benefits                    $       693,916   $       761,792   $     785,804   $       173,901        22% $       785,804    $                     0.00%
     5200     Operating Supplies                              22,393            18,780          24,000             6,422        27%          24,000                          0.00%
     5300     Contractual Services                           266,610           152,279         244,330            35,495        15%         244,330                          0.00%
     5400     Other Expenses                                  11,903            11,094           7,500             1,250        17%           7,500                          0.00%
     5700     Capital Outlays                                 11,536             3,616           3,000                           0%           3,000                          0.00%
     5900     Other Financing Uses                                                                                               NIA                                         0.00%
                                                     $     1,006,358   $       947,561   $   1,064,634   $       217,068        20% $     1,064,634    $                     0.00%
                                                     $     4,320,206   $     4.379,352   $   4,504,312   $       945,541        21% $     4,504,312    $                     0.00%


     60523   General Sanitation
     5100     Salaries & Benefits                    $        67,465   $        75,757   $      75,333   $        13,971        19% $        75,333    $                     0.00%
     5200     Operating Supplies                                 344               109                                           NIA                                         0.00%
     5300     Contractual Services                         1,406,612         1,491,309       1,444,802           229,904        16%       1,444,802                          0.00%
     5400     Other Expenses                                     794                65                                           NIA                                         0.00%
     5700     Capital Outlays                                 44,725            41,399                                           NIA                                         0.00%
     5900     Other Financing Uses                                                                                               NIA                                         0.00%
                                                     $     1,519,940   $     1,608,639   $   1,520,135   $       243,875        16%_ $    1,520,135    $                     0.00%
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
              General Fund Expenditure Summary By Function

                                                                                                                             Actual As                                         % Change
                                                                                            Original Budget Actual Through     % of         Revised          Change From       From 2004
                                                          Actual 2002        Actual 2003    Estimate 2004    March 2004      Revised     Estimate 2004       2004 Original_     Original
      60528    Recycling
      5100     Salaries & Benefits                                                          $                                      N/A $                 $                      0.00%
      5200     Operating Supplies                                                                                                  N/A                                          0.00%
      5300     Contractual Services                           218,067            230,058          140,179          26,605         19%         140,179                           0.00°/o
      5400     Other Expenses                                                                                                      N/A                                          0.00%
      5700     Capital Outlays                                                      3,250                                          N/A                                          0.00%
      5900     Other Financin Uses                                                                                                 N/A                                          0.00%
                                                      $       218,067    $       233,308    $     140,179   $      26,605         19% $       140,179    $                      0.00%
      60550    Stormwater Management
      5100     Salaries & Benefits                    $          7,372   $          3,835   $               $                      N/A $                 $                      0.00%
      5200     Operating Supplies                                                    501                                           N/A                                          0.00%
      5300     Contractual Services                             16,352              2,569          15,429                          0%          15.429                           0.00%
      5400     Other Expenses                                                                                                      N/A                                          0.00%
      5700     Capital Outlays                                                                                                     N/A                                          0.00%
      5900     Other Financin Uses                                                                                                 N/A                                          0.00%
CJ)
                                                      $        23,724    $         6,905    $      15,429   $                      0% $        15.429    $                      0.00%
      60448 Streetlighting
      5100     Salaries & Benefits                    $         12,983   $           842    $               $                      NIA $                 $                      0.00%
      5200     Operating Supplies                                                                                                  N/A                                          0.00%
      5300     Contractual Services                           505,079            504,832          515,000         128,496         25%         515,000                           0.00%
      5400     other Expenses                                                                                                      N/A                                          0.00%
      5700     Capital Outlays                                  4,350              3,850                                           N/A                                          0.00%
      5900     Other Financing Uses                                                                                                N/A                                          0.00%
                                                      $       522,412    $       509,524    $     515,000   $     128,496         25% $       515,000    $                      0.00%
      60707 Senior Citizen Transit
      5100     Salaries & Benefits                    $        44,863    $        38,746    $      50,968   $       7,047         15% $        48,420    $           (2,548}    •5,00%
      5200     Operating Supplies                                                                                                  N/A                                           0.00%
      5300     Contractual Services                            10,140             10,140           10,140           2,340         23%          10,140                            0.00%
      5400     Other Expenses                                                                                                      N/A                                           0.00%
      5700     Capital Outlays                                                                                                     N/A                                           0.00%
      5900     Other Financin Uses                                                                                                 N/A                                           0.00%
                                                      $        55,003    $        48,886    $      61,108   $       9,387         16% $        58,560    $           {2,548}    -4.17_o/o
      60446 Community Event Support
      5100     Salaries & Benefits                    $        31,192    $        34,581    $               $      11,126         28% $        40,000    $          40,000      0.00%
      5200     Operating Supplies                               1,524              2,949                            2,296         23%          10,000               10,000      0.00%
      5300     Contractual Services                            11,004             17,574           15,429             574          4%          15,429                           0.00%
      5400     Other Expenses                                                                                                      N/A                                          0.00%
      5700     Capital Outlays                                                                                                     NIA                                          0.00%
      5900     Other_Fln~ncing Uses                                                                                                NIA                                          0.00%
                                                      $        43,720    $        55,104    $      15,429   $      13,996         21% $        65,429    $          50,000     324.07%
                                                      $     2,382,866    $     2,462,366    $   2,267,280   $     422,359         18% $     2,314,732    $          47,452
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
              General Fund Expenditure Summary By Function

                                                                                                                             Actua! As                                         % Change
                                                                                            Original Budget Actual Through     % of         Revised          Change From       From 2004
                                                          Actual 2002        Actual 2003    Estimate 2004    March 2004       Revised    Estimate 2004       2004 Original      Original
      70751   Parks Maintenance
      5100      Salaries & Benefits                   $       476,360    $       478,197    $     529,253   $      83,777         16% $       529.253    $                      0.00%
      5200      Operating Supplies                             150,285           140,573          112,695           5,449          5%         112,695                           0.00%
      5300      Contractual Services                          .601,199           586,465          534,700          81,528         15%         534,700                           0.00%
      5400      Other Expenses                                   2,548               168                                           NIA                                          0.00%
      5700      Capital Outlays                               152,224             85,387           53,500             969          2%          53,500                           0.00%
      5900      Other Financin Uses                                                                                                NIA                                          0.00%
                                                      $      1,382,616   $      1,290,790   $   1,230,148   $     171,723         14% $      1,230,148   $                      0.00%
      70757 Mc Graft Park Maintenance
      5100      Salaries & Benefits                   $         6,059    $         8,765    $      16,364   $       1,075          7% $        16,364    $                      0.00%
      5200      Operating Supplies                              4,135              5,306            4,500             178          4%           4,500                           0.00%
      5300      Contractual Services                           30,762             30,830           25,424           2,304          9'%         25,424                           0.00%
      5400      Other Expenses                                      56                                                             NIA                                          0.00%
      5700      Capital Outlays                                                       39                                           NIA                                          0.00%
      5900      Other Financin Uses                                                                                                NIA                                          0.00%
                                                      $        41,012    $        44,940    $      46,288   $       3,557          8% $        46,288    $                      0.00%
      70775   General & Inner City Recreation
      5100      Salaries & Benefits                   $       281,055    $       290,235    $     245,139   $      27,027         11% $       245,139    $                      0.00%
-.J   5200      Operating Supplies                             58,590             41,843           45,246           9,721         21%          45,246                           0.00%
      5300      Contractual Services                          137,912            123,619          100,598           9,227          9%         100,598                           0.00%
      5400      Other Expenses                                 10,375              6,967            2,720             606         22%           2,720                           0.00%
      5700      Capital Outlays                                                    2,127                                           NIA                                          0.00%
      5900      Other Financin Uses                                                                                                NIA                                          0.00%
                                                      $       487,932    $       464,791    $     393,703   $      46,581         12% $       393,703    $                      0.00%
      70276   Cemeteries Maintenance
      5100      Salaries & Benefits                   $       188,401    $       205,975    $     214,962   $      49,058         23% $       214.962    $                      0.00%
      5200      Operating Supplies                             22,607             10,846           14,087             452          3%          14,087                           0.00%
      5300      Contractual Services                          258,681            251,300          229,250          15,572          7%         229,250                           0.00%
      5400      Other Expenses                                  1,121                751                              138          NIA                                          0.00%
      5700      Capital Outlays                                14,626             41,908           21,000             313          1%          21,000                           0.00%
      5900      Other Financin Uses                                                                                                NIA                                          0.00%
                                                      $       485,436    $       510,780    $     479,299   $      65,533         14% $       479,299    $                      0.00%
      70585 Parking Operations
      5100      Salaries & Benefits                   $        14,831    $        1,8,010   $               $       1,214         49% $          2,500   $           2.500       0.00%
      5200      Operating Supplies                              1,032              1,738            3,000                          0%             500                (2,500)    -83.33%
      5300      Contractual Services                           40,972            235,608           20,144          13,437         67%          20,144                            0.00%
      5400      Other Expenses                                                                                                     NIA                                           0.00%
      5700      Capital Outlays                                  4,503                                                             NIA                                           0.00%
      5900      Other Financin Uses                                                                                                NIA                                           0.00%
                                                      $        61,338    $       255,356    $      23,144   $      14,651         63% $        23,144    $                       0.00%
      70771   Forestry
      5100      Salaries & Benefits                   $        84,297    $       103,509    $      59,121   $      16,936         29% $        59,121    $                       0.00%
      5200      Operating Supplies                              6,024              8,075            8,360             163          2%           8,360                            0.00%
      5300      Contractual Services                           13,864             21,692           17,000           2.987         18%          17,000                            0.00%
      5400      Other Expenses                                    394                940              800             180         23%             800                            0.00%
      5700      Capital Outlays                                  2,844              2,458           3,500              16          0%            3,500                           0.00%
      5900      Other Financin Uses                                                                                                NIA                                           0.00%
                                                      $       107,423    $       136,674    $      88,781   $      20,282         23% $        88,781    $                       0.00%
            City of Muskegon
            Quarterly Budget Reforecast and 2004 Proposed Budget • General Fund
            General Fund Expenditure Summary By Function

                                                                                                                                           Actual As                                        % Change
                                                                                                          Original Budget Actual Through     % of         Revised          Change From      From 2004
                                                                        Actual 2002        Actual 2003    Estimate 2004    March 2004       Revised    Estimate 2004       2004 Original     Original

     70863 Farmers' Market & Flea Market
     5100     Salaries & Benefits                                  $         29,241    $        30,792    $      35,285    $      4,342         12% $        35,285    $                     0.00°/o
     5200     Operating Supplies                                               1,644               465                                           N/A                                         0.00%
     5300     Contractual Services                                            14,292             14,462           4,832           1,596         33%           4,832                          0.00%
     5400     Other Expenses                                                                                                                     N/A                                         0.00%
     5700     Capital Outlays                                                                      225                                           N/A                                         0.00%
     5900     Other Financin Uses                                                                                                                N/A                                         0.00%
                                                                   $         45,177    $        45,944    $      40,117    $      5,938         15% $        40,117    $                     0.00%
                                                                   $       2,610,934   $      2,749,275   $   2,301,480    $    328,265         14% $     2,301,480 _ i.                     0.00°/c


     80387 Environmental Services
     5100     Salaries & Benefits                                  $        173,926    $       181,136    $     194,392    $     31,423         16% $       194,392    $                      0.00%
     5200     Operating Supplies                                             12,389              7,859            9,000             762          8%           9,000                           0.00%
     5300     Contractual Services                                          300,582            281,831          200,300           7,270          4%         200,300                           0.00%
     5400     Other Expenses                                                  1,505                 189                                          N/A                                          0.00%
                                                                                                  3,396           3,000                          0%            3,000                          0.00%
°"   5700
     5900
              Capita! Outlays
              other Financing Uses
                                                                             16,123
                                                                                                                                                 N/A                                          0.00%
                                                                   $        504.525. $         474,411    $     406.692    $     39.455         10% $       406,692    $                      0.00%
                                                                   $        504,525 $          474,411    $     406,692    $     39,455         10% $       406,692    $                      0.00%

     10875 Other - Contributions to Outside Agencies
             Muskegon Area Transit (MATS)                           $         80,163 $           80.163 $        80,500    $     20,041         25% $        80,500                           0.00%
             Neighborhood Association Grants                                  35,975             29,308          24,000          19,027         79%          24,000                           0.00%
             Muskegon Area First                                              46,066             42,000          20,000           5,000         25%          20,000                           0.00%
             Veterans Memorial Day Costs                                       8,070              7,898           8,000                          0%           8,000                           0.00%
             WMSRDC - Muskegon Area Plan (MAP)                                 6,151                                                             N/A                                          0.00%
             Institute for Healing Racism                                      4,000              3,000           1,000            1,000       100%            1,000                          0.00%
             MLK Diversity Program                                                                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%
             Sister Cities' Youth Travel                                                                                                         N/A                                          0.00%
             Muskegon County and Humane Society - Feral Cat Control           14,157             17,890          16,000            5,975        37%           16,000                          0.00%
             Other                                                                                                                               N/A                                          0.00%
            Contributions To Outside Agencies                       $        195,582 $          182,259   $     151,500    $     51,043         34% $        151,500   $                      0.00%
                                                                   $         195,582 .$         182,259   $     151,500    $     51,043         34% $        151,500   $                      0.00%


            Total Customer Value Added Activities                  $      17,191,579   $     17,371,192   $   17,589,044   $   3,364,135         19% $ 17,636,496      $           47,452     0.27%
            As a Percent of Total General Fund
            Ex_eenditures                                                      71.7%              73.3%           74.4%            74.6%                       74.4%
             City of Muskegon
             Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
             General Fund Expenditure Summary By Function

                                                                                                                               Actual As                                       % Change
                                                                                              Original Budget Actual Through     % of         Revised          Change From     From 2004
                                                         Actual 2002           Actual 2003    Estimate 2004    March 2004      Revised     Estimate 2004       2004 Original    Original
             II. Business Value Added Activities

     10101   City Commission
     5100      Salaries & Benefits                   $        60,555       $        59,698    $      62,255   $      13,058         21% $        62,255    $                    0.00%
     5200      Operating Supplies                             12,538                  9,367          15,000           3,317         22%          15,000                         0.00%
     5300      Contractual Services                           48,510                28,258           18,323             153          1%          18,323                         0.00%
     5400      Other Expenses                                  9,758                  6,126           7,500             612          8%           7,500                         0.00%
     5700      Capital Outlays                                   528                                                                 NIA                                        0.00%
     5900      Other Financing Uses                                                                                                  NIA                                        0.00%
                                                     $       131,889       $       103,449    $     103,078   $      17,140         17% $       103,078    $                    0.00%
     10102 City Promotions & Public Relations
     5100     Salaries & Benefits                    $                     $                  $               $                      N/A $                 $                    0.00%
     5200     Operating Supplies                                                      2,643           4,000              17          0%           4,000                         0.00%
     5300     Contractual Services                            26,499                27,909           21,102             813          4%          21,102                         0.00%
     5400     Other Expenses                                           8                                                             NIA                                        0.00%
     5700     Capital Outlays                                                                                                        NIA                                        0.00%
(D   5900     Other Financin Uses                                                                                                    NIA                                        0.00%
                                                     $        26,507       $        30,552    $      25,102   $         830          3% $        25,102    $                    0.00%
     10172 City Manager
     5100     Salaries & Benefits                    $       173,154 $             182,226    $     199,094   $      44,046         22% $       199,094    $                    0.00%
     5200     Operating Supplies                               1,683                 1,846            2,750              68          2%           2,750                         0.00%
     5300     Contractual Services                             2,563 ·               2,609            3,250             240          7%           3,250                         0.00%
     5400     Other Expenses                                   3,037                 1,646            2,500             392         16%           2,500                         0.00%
     5700     Gapital Outlays                                    102                                    500                          0%             500                         0.00%
     5900     Other Financing Uses                                                                                                   NIA                                        0.00%
                                                     $       180,539       $       188,327    $     208,094   $      44,746         22% $       208,094    $                    0.00%
     10145 City Attorney
     5100     Salaries & Benefits                    $                     $                  $               $                      NIA $                 $                    0.00%
     5200     Operating Supplies                                 869                   869            1,000                          0%           1,000                         0.00%
     5300     Contractual Services                           449,721               383,732          389,121         128,180         33%         389,121                         0.00%
     5400     Other Expenses                                                                                                         NIA                                        0.00%
     5700     Capital Outlays                                                                                                        NIA                                        0.00%
     5900     Other Financing Uses                                                                                                   NIA                                        0.00%
                                                     $       450,590       $       384,601    $    390,121    $     128,180         33% $       390,121    $                    0.00%
                                                     $       789,525       $       706,929    $    726,395    $     190,896         26°/o $     726,395    $                    0.00%

     20173 Administration
     5100     Salaries & Benefits                    $       129,504       s       133.545    $     142,271   $      35,009         25% $       142,271    $                    0.00%
     5200     Operating Supplies                               2,050                 1,437            2,000             146          7%           2.000                         0.00%
     5300     Contractual Services                            16,255                 6,012           20,721           4,131         20%          20,721                         0.00%
     5400     Other Expenses                                   5,415                 2,703            2,000              65          3%           2,000                         0.00%
     5700     Capital Outlays                                     73                 2,013            1,000                          0%           1,000                         0.00%
     5900     Qther Financing Uses                                                                                                   NIA                                        0.00%
                                                     $       153,297       $       145,710    $     167,992   $      39,351         23% $       167,992    $                    0.00%
           City of Muskegon
           Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
           General Fund Expenditure Summary By Function

                                                                                                                            Actual As                                              % Change
                                                                                         Original Budget Actual Through        %of          Revised             Change From        From 2004
                                                       Actual 2002        Actual 2003    Estimate 2004        March 2004     Revised    Estimate 2004           2004 Original       Original

    20228 Affirmative Action
    5100     Salaries & Benefits                   $        84,810    $         93,074   $      73,370    $        16,289         22% $        73,370       $                        0.00%
    5200     Operating Supplies                                757                528            3,561                 94          3%           3,561                                0.00%
    5300     Contractual Services                             1,356              1,553           3,561                151          4%           3,561                                0.00%
    5400     Other Expenses                                   4,187              1,572           3,562                 91          3%           3,562                                0.00%
    5700     Capital Outlays                                   723                977                                             N/A                                                0.00%
    5900     Other Financing Uses                                                                                                 N/A                                                0.00%
                                                   $        91,833    $         97,704   $      84,054    $        16,625         20% $        84,054       $                        0.00%
    20744 Julia Hackley Internships
    5100     Salaries & Benefits                   $          8,885   $          7,837   $       7,736    $                        0% $         7,736       $                        0.00%
    5200     Operating Supplies                                                                                                   N/A                                                0.00%
    5300     Contractual Services                                                                                                 N/A                                                0.00%
    5400     other Expenses                                                                                                       NIA                                                0.00%
    5700     Capita! Outlays                                                                                                      N/A                                                0.00%
    5900     other Financin Uses                                                                                                  N/A                                                0.00%
                                                   $          8,885   $          7,837   $       7,736    $                 -- __ _Qo/o $        7,736      $                        0.00%
    20215 City Clerk & Elections
    5100     Salaries & Benefits                   $       234,459    $        237,090   $     249,985    $        45,643         18% $       249,985       $                       0.00%
    5200     Operating Supplies                             45,977              33,167          18,000              2,404         13%          18,000                               0.00%
~
    5300     Contractual Services                           62,596              42,598          32,000              6,494         20%          32,000                               0.00%
0                                                            5,437               5,156           2,000                487         24%           2,000                               0.00%
    5400     Other Expenses
    5700     Capital Outlays                                 5,813               1,910           2,000                243         12%           2,000                               0.00%
    5900     Other Financin Uses                                                                                                   N/A                                              0.00%
                                                   $       354,282    $        319,921   $     303,985    $        55,271         18% $       303,985       $                   ___ 0.00°/<:>
    20220 Civil Service
    5100     Salaries & Benefits                   $        160,513 $          176,851   $     130,763    $        29,295         22% $        130,763      $                         0.00%
    5200     Operating Supplies                              15,396 ·           10,642          11,100              1,004          9%           11,100                                0.00%
    5300     Contractual Services                            22,138             19,767          22,000                678          3%           22,000                                0.00%
    5400     Other Expenses                                   9,108              7,534           5,000                186          4%            5,000                                0.00%
    5700     Capital Outlays                                  1,129                              1,000                249         25%            1,000                                0.00%
    5900     oth_er_Financing Use§_                                                                                                N/A                                                0.00%
                                                   $        208,284   $        214,794   $     169,863    $        31,412         18% $        169,863      $                         0.00%
                                                   $        816,581   $        785,966   $     733,630    $       142,659         19% $        733,630      $                         0.00%

    30202 Finance Administration
    5100     Salaries & Benefits                   $        280,785   $        297,906   $     318,031    $        76,870         24% $        318,031      $                         0.00%
    5200     Operating Supplies                               6,663              7,010           6,250                804         13%            6,250                                0.00%
    5300     Contractual Services                           115,025             87,221          82,000             33,654         41%           82,000                                0.00%
    5400     Other Expenses                                   3,935                156             500                 12          2%             500                                 0.00%
    5700     Capital Outlays                                  4,730              3,784                                             N/A                                                0.00%
    5900     Other Financin Uses                                                                                                   N/A                                                0.00%
                                                   $        411,138   $        396,077   $     406,781    $       111,340         27% $        406,781      $                         0.00%
    30209 Assessing Services
    5100     Salaries & Benefits                   $          6,093   $          6,199   $        6,437   $         2,962         46% $          6,437      $                         0.00%
    5200     Operating Supplies                                                                                                    NIA                                                0.00%
    5300     Contractual Services                           390,926            394,707         400,000             99,704         25%          400,000                                0.00%
    5400     Other Expenses                                      60                 80             100                             0%                 100                             0.00%
    5700     Capital Outlays                                                                                                       N/A                                                0.00%
    5900     other Financing Uses                                                                                                  N/A                                                0.00%
                                                    $       397,079   $        400,986   $     406,537    $       102,666         25% $        406,537      $                    _ _O,@_o!i,
           City of Muskegon
           Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund
           General Fund Expenditure Summary By Function

                                                                                                                             Actual As                                         % Change
                                                                                           Original Budget Actual Through      % of         Revised            Change From     From 2004
                                                       Actual 2002         Actual 2003     Estimate 2004    March 2004        Revised    Estimate 2004         2004 Original    Original

    30205 Income Tax Administration
    5100     Salaries & Benefits                   $       194,487     $       229,175     $     256,096    $     54,227          21% $        256,096     $                    0.00%
                                                            21,941              20,667            18,250           4,797          26%           18,250                          0.00%
    5200     Operating Supplies
             Contractual Services                           49,928              46,251            39,278           5,179          13%           39,278                          0.00%
    5300
                                                             1,410                 642               300              94          31%              300                          0.00%
    5400     Other Expenses
    5700     Capital Outlays                                 5,807                1,437            1,000                           0%            1,000                          0.00%
    5900     Other Financin Uses                                                                                                   NIA                                          0.00%
                                                   $       273,573     $       298,172     $     314,924    $     64,297          20% $        314,924     $                    0.00%
    30253 City Treasurer
    5100     Salaries & Benefits                   $       272,839     $       290,796     $     283,261    $     58,121          21% $       283,261      $                     0.00%
    5200     Operating Supplies                             32,865              33,750            32,012           3,671          11%           32,012                           0.00%
    5300     Contractual Services                           43,750              65,831            36,400           8,653          24%           36,400                           0.00%
    5400     other Expenses                                  2,933                 545             1,500             104           7%            1,500                           0,00"/c
    5700     Capital Outlays                                12.~53               2,652             4,000                           0%            4,000                           0.00%
    5900     Other Financing Uses                                                                                                  NIA                                           0.00%
                                                   $        365,040    $        393,574    $     357,173    $     70,549          20% _$______1§1__,_173   $                     0.00%
    30248 Information Systems Administration
    5100     Salaries & Benefits                   $        235,640    $        260,209    $     284,985    $     67,947          24% $        284,985     $                     0.00%
    5200     Operating Supplies                               2,345               1,361            4,700              23           0%            4,700                           0.00%
~   5300     Contractual Services                            66,905              44,653           54,095           1,698           3%           54,095                           0.00%
~
    5400     other Expenses                                   8,049               7,619            4,500                           0%            4,500                           0.00%
    5700     Capital Outlays                                 37,893              43,907           27,830            3,225         12%           27,830                           0.00%
    5900     Other Financing Uses                                                                                                  NIA                                           0.00%
                                                    $       350,832    $        357,749    $      376,110   $     72,893          19% $        376,110     $                     0.00%
                                                                                                                                                                                 0.00%,
                                                    $     1,797,662    $      1,846,558    $    1,861,525   $    421,745          23% $      1,861,52_5
                                                                                                                                                           "-
    60265 City Hall Maintenance
    5100     Salaries & Benefits                    $        66,138 $            67,355     $     59,345    $      15,071          25% $        59,345     $                     0.00%
    5200     Operating Supplies                              15,693.             12,925           13,000              528           4%          13,000                           0.00%
    5300     Contractual Services                           203,498             188,186          180,000           35,824          20%         180,000                           0.00%
    5400     Other Expenses                                                                          500                5           1%             500                           0.00%
    5700     Capital Outlays                                 12,500                 409           12,500              9B0           8%          12,500                           0.00%
    5900     Other Financing Uses                                                                                                   NIA                                          0.00%
                                                    $       297,829    $        268,875     $    265,345    $      52,408          20% $       265,345     $                     0.00%
                                                    $       297,829    $        268,875     $    265,345    $      52,40!3         20% $       265.345     $                     0.00%

    80400 Planning, Zoning and Economic Development
    5100     Salaries & Benefits                    $       393,435    $        424,969     $    420,398    $      79,036          19% $       420,398     $                     0.00%
    5200     Operating Supplies                              12,765              14,518           14,000            1,416          10%          14,000                           0.00%
    5300     Contractual Services                            44,078              67,030           51,500            7,431          14%          51,500                           0.00%
    5400     Other Expenses                                  10,293               4,278            2,000              530          27%           2,000                           0.00%
    5700     Capital Out!ays                                  6,239               1,891            2,000              106           5%           2,000                           0.00%
    5900     Other Financin Uses                                                                                                    NIA                                          0.00%
                                                    $       466,810    $        512,686     $     489,898   $      88,519          18% $        489,898    $                     0.00%
                                                    $       466,810    $        512,686     $     489,898   $      88,519          18% $        489,898    $                     0.00%

           Total Business Value Added Activities    $     4,168,407    $      4,121,014     $   4,076,793   $     896,227          22% $      4,076,793        $                  0.00%
           As a Percent of Total General Fund
           Expenditures                                        17.4%               17.4%            17.3%           19.9%                          17.2%
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget • General Fund
              General Fund Expenditure Summary By Function

                                                                                                                                          Actual As                                     % Change
                                                                                                         Original Budget Actual Through     %of          Revised      Change From       From 2004
                                                                       Actual 2002        Actual 2003    Estimate 2004    March 2004       Revised    Estimate 2004   2004 Original      Original
              II. Fixed Budget Items

      30999 Transfers To Other Funds
                Major Street Fund                                  $       100,000    $                  $                $                     N/A $                 $                  0.00%
                Local Street Fund                                          850,000            870,000          620,000         155,000         25%         620,000                       0.00%
                Budget Stabilization Fund                                                                                                       NIA                                      0.00%
                LC. Walker Arena Fund (Operating Subsidy)                  271,837            210,000          200,000          50,000         25%         200,000                       0.00%
                Public Improvement Fund (Fire Equipment Reserve)           150,000            150,000          150,000          37,500         25%         150,000                        0.00%
                State Grants Fund (Grant Matches)                          105,000              10,856                                          NIA                                       0.00%
                MOO State Rehab Loan Fund                                                                                                       NIA                                       0.00%
                TIFA Debt Service Fund                                                                                                          NIA                                       0.00%
                Tree Re lacement                                                                                                                NIA                                       0.00%
                                                                   $      1.476,837   $      1,240,856   $     970,000    $    242,500         25% $       970,000    $                   0.00%
~

"-"   30851   General Insurance                                    $       281,887    $       335,805    $     379,061    $                     0% $       379,061    $                   0.00%
      30906   Debt Retirement                                              216,860            217,397          216,816           2,629          1%         216,816                        0.00%
      10891   Contingency and Bad Debt Expense                             495,550             133,760         400,000                          0%         400,000                        0.00%
      90000   Major Capital Improvements                                    140,414           285,310                            5,804         58%           10,000          10,000       0.00%
              Total Fixed-Budget Items                             $      2,611,548   $      2,213,128   $   1,965,877    $    250,933         13%, $     1,975,877   $      10,000       0.51%
              As a Percent of Total General Fund
              Expenditures                                                    10.9%               9.3%             8.3%            5.6%                        8.3%



               Total General Fund                                  $     23,971,534 · $     23,705,334   $ 23,631,714     $   4,511,295        19% $ 23,689,166       $      57,452       0.24%




              Recap: Total General Fund By Expenditure Object
      5100      Salaries & Benefits                                $     13,226,336   $     13,805,336   $ 14,690.645     $   2,934,850        20% $ 14,730,597       $      39.952      0.27%
      5200      Operating Supplies                                          705,722            586,173        593,972            80,947        13%      601,472                7,500     1.26%
      5300      Contractual Services                                      7,496,547          7,108,531      6,901,469         1,211,026        18%    6,896,469               (5,000)    ~0.07%
      5400      Other Expenses                                              186,615             86,383         92,982            10,463        11%       92,982                          0.00%
      5700      Capita! Outlays                                             662,617            660,658        165,830            28,880        16%      180,830              15,000      9.05%
      5900      All Other Financing Uses                                  1,693,697          1,458,253      1,186,816           245,129        21%    1,186,816                          0.00%
               Total General Fund                                  $     23,971,534   $     23,705,334   $ 23,631,714     $   4,511,295        19% $ 23,689,166       $      57,452      0.24°/o
            City of Muskegon
            Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                     Actual As                                            %Change
                                                                                  Original Budget   Actual Through               Revised Estimate        Change From
                                              Actual 2002         Actual 2003                                          %of                                                From2004                             Comments
                                                                                  Estimate 2004      March2004                        2004               2004 Original
                                                                                                                                                                           Original
                                                                                                                     Revised

    202 Major Streets and State Trunklines Fund
            Available Fund Balance" BOY   $       2,361,992   $       1,622,095   $      443,895    $   1,413,112                $     1,413,112     $         969,217



            Means of Financing

             Special assessments          s        324,200    $        358,650    $      250,000 S                               s       250.000     $                     0.00%
             Federal grants                       3,487,352           1,275.245          841,660                                         876,354                34,694     4.12%      STPfTEOF GRANTS (HACKLEY, MCCRACKEN. SHERMAN PROJECTS)

             State grants                            91,973           4,561,233        6,000,000          387,403                      7.355,000             1,365,000     22.75%     SHOREL1NE ORNE GRANTS

             State shared revenue                 2,582,023           2,499,758        2,870,326          198,695                      2.670,326                           0,00%

             Interest income                         95,702             169,533           50,000           22,946                         70,000                20,000     40.00%

             Operating transfers In                 100,000                                                                                                                0.00%

             Other                                2,635,118            439.276           300,000            6.897                        300.000                           0.00%

                                                  9,316.368   $       9,303,695   $   10,311.986    $     615.941                $    11,731,680     $       1,419,694     13.TT%


~
    60900   Operating Expenditures
w
                                                                                                                                 s
    5100
    5200
              Salaries & Benefits
               Operating Supplies         '         606,476
                                                    194,808
                                                              $        617,857
                                                                        165,364
                                                                                  $    1.004.582
                                                                                         209,200
                                                                                                    $     215,111
                                                                                                           89,328
                                                                                                                       '"
                                                                                                                       43%
                                                                                                                                       1,004,582
                                                                                                                                         209,200
                                                                                                                                                     $                     0.00%
                                                                                                                                                                           0.00%
    5300       Contractual Services                 976,042            963,237           843,696          297,803      '5%               843,696                           0.00%
    5400       Other Expenses                         6,082               5,351            4,000              254       6%                   4,000                         0.00%
    5700       Capital Outlays                                                                                          N/A                                                0.00%
    5900       Other Flnancing Uses               3,059,793           1,172,474          937,326                        0%               937,326                           0.00%      DEBT SERVICE & TRANSFER TO LOCAL STREETS $300.000 IN 2003/04
                                                                                                                       20%
                                          $       4,845,201   $       2,924,283
                                                                                  '    2,998,804    $     602,496                $     2,998.804     S                      0.00%


    90000   Project Expenditures
                                                                                                    s
    5200
    5300
               Operating Supplies
               Contractual Services
                                          $
                                                  5,211,064
                                                              $
                                                                      6,588.395   '    7,560.000         .517,420
                                                                                                                        NIA

                                                                                                                        6%
                                                                                                                                 $
                                                                                                                                       9,317,000     '        1,757.000
                                                                                                                                                                            0.00%
                                                                                                                                                                           23.24%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
    5700       Capital Outlays                                                                                          NIA                                                 0.00%

                                                  5.211.064   $       6.588.395   $    7,560.000    s     517,420       6%       s     9,317.000     $        1,757,000    23.24%
                                                 10.056,265   $       9.512,678   $   10.558.804    $    1,119,916      9%       s     12,315,804                          16.64%


            Available Fund Balance" EOY   $       1.622,095   s       1.413.112   $      197.077    s     909.137                s       828,988     $         631.911
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds
                                                                                                                          Actual As                                             % Change
                                                                                    Original Budget   Actual Through                  Revised Estimate        Change From
                                                Actual 2002         Actual 2003                                             %of                                                 From 2004                          Comments
                                                                                    Estimate 2004         March 2004                       2004               2004 Orig;nal
                                                                                                                          Revised                                                Oliglnal

      203 Local Streets Fund
              Available Fund Balance· SOY   $         156.747   $           9,701   $        2.866    $       145.643                 $       145.643     $         142,777



              Me.ins of Financing
               Special assessments          $         143,845   s        240,782    $      125,000 $                                  $       125,000     $                      0.00%

               Federal grants                                                                                                                                                    0.00%

               State grants                                             1,366,771                                                                                                0.00%

               Metro act fees                                                                                                                 140,0DO               140.000      0.00%      MOVED FROM GENERAL FUND

               State shared revenue                   638,602             666,649          693,934             54,910                         693,934                            0.00%
               Interest Income                         14,516              15,133            1,000                193                             1,000                          0.00%

               Operating transfers in               1,050,000           1,370.000          950,000            155,000                         950,000                            0.00%      GENERAL FUND TRANSFER; $300,000 TRANSFER FROM MAJOR ST.

                                                                                           270,000                                            270,000                            0.00%
               Other

                                            $
                                                          '"
                                                    1.847.769   $
                                                                              567

                                                                        3,659,922   $    2,039.934    $
                                                                                                                  "'
                                                                                                              210.669                 $     2,179,934     $         140,000      6.86%
                                                                                                                                                                                            POSSIBLE CONTRIBUTION FROM MCC FOR TECH CENTER ROAD


~

+'>
      60900   Operating Expenditures

      5100       Salaries & Benefits        $         546.438   s         486,434   $      463,828    $       174.903       38%       s       463.828     s                       0.00%
      5200       Operating Supplies                   115.491             129.511           93,500              4,167        4%                93.500                             0.00%

      5300       Contractual Services                 705.199             631,566          604,441            201,268       33%               604.441                             0.00%
      5400       Other Expenses                         1,769               1,566             1,000               224       22%                   1.000                           0.00%
      5700       Capital Outlays                                                                                             N/A                                                  0.00%
      5900       Other Financing Uses                 124.113              64.169                                            N/A                                                  0.00%
                                            $       1.493.010   $       1,313.246   $    1.162,769    S       380,582       33%       $      1,162.769    $                       0.00%


      90000   Project Expenditures

      5200       Operating Supplies         s                   $                   s                 $                      NIA      $                   $                       0.00%
      5300       Contractual Services                 501,805           2.210.734          860,000             92.907       19%               492.000               (368,000)    -42.79%    SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL


                                            '         501,805
                                                    1.994,815
                                                                $
                                                                $
                                                                        2,210,734
                                                                        3.523,980
                                                                                    $
                                                                                    $
                                                                                           860.000
                                                                                         2,022,769
                                                                                                      $
                                                                                                      $
                                                                                                               92.907
                                                                                                              473.489
                                                                                                                            19%
                                                                                                                            29%
                                                                                                                                      '
                                                                                                                                      $
                                                                                                                                              492.000
                                                                                                                                             1.654.769
                                                                                                                                                          S         (368.000)    -42.79%
                                                                                                                                                                                 -18.19%


              Av.iUable Fund Balance. EOY   s           9,701   $         145.643   $       20.031    $       (117,177)               s       1,70,808    $         650.777
               City of Muskegon
               Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                    Actual As                                             % Change
                                                                                                Original Budget   Actual Through                Revised Estimate        Change From
                                                            Actual 2002         Actual 2003                                          %of                                                  From 2004   Comments
                                                                                                Eslimate 2004      March 2004                        2004               2004 Original
                                                                                                                                    Revised                                                Original

       254 L.C. Walker Arena Fund
               Available Fund Balance• BOY              $          19,133   $          34.476   $       33,195    s      37.589                 s        37,589     $           4,394



               Means of Financing
                Special assessments                     $                   $                   s                 $                             $                   s                      0.00%

                State grants                                                                                                                                                               0.00%

                State shared revenue                                                                                                                                                       0.00%

                Charges for services                              623,382            597,288           625,000          238,593                         625,000                            0.00%
                                                                                                                                                                                            0.00%
                Interest income
                Operating transfers in - General Fund            271,837
                                                                                        1,331
                                                                                      330,000
                                                                                                           500

                                                                                                       200,000
                                                                                                                             "
                                                                                                                         50,000
                                                                                                                                                             500

                                                                                                                                                        200,000                             0.00%

                OperaUng transfers in - TIFA Fund                                                       60.000                                           60,000                             0.00%

                Other                                                 371               3,066             1,000                                             1,000                           0.00%

                                                        $         895,590   $         931,685   5      886,500    $     288,640                 $       886,500     $                       0.00%
~

c.,,
       70805   Operating Expenditure,:
       5100       Salaries & Benefits                   s          11,942   s          12.394 $          13.247   $        3,357      25%       $        13.247     $                       0.00%
       5200       Opera!ing Supplies                                                                                                   N<A                                                  0.00%
       5300       Contractual Services                            863,565             916,178          890,000          269.255       30%               890,000                             0,00%

       5400       Other Expenses                                                                                                       WA                                                   0.00%

       5700       Capital Ou~ays                                    4,740                                                              NIA                                                  0.00%

       5900       Other Financing Uses                                                                                                 NIA                                                  0.00%

                                                        $         880,247   $         928,572   $      903,247    $     2n.&12        30%       s       903,247     $                       0.00%


       90000   Project Expenditures

                                                                                                                                       NIA
                                                                                                                  '                                                 '
       5200       Operating Supplies                    $                   $                   $                                               $                                           0,00%

       5300       Contractual Services                                                                                    S4,144      21%               260,000               260,000       0,00%

                                                                                                s                 $       54,144      21%       $       260,000     $         260,000       0.00%
                                                                  880,247   $         928,572   s      903,247    $     326,756       28%       $      1,163,247                           28.79%


               Available Fund 8alance • EOY             $          34,476   s          37,589   $        16,448   $         (527)
                                                                                                                                                •       (239,158) $           (255,606)
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                        Actual As                                           % Change
                                                                                    Original Budget   Actual Thn:>ugh               Revised Estimate       Change Frnm
                                                 Actual2002         Actual 2003                                           %of                                               From 2004                          Comments
                                                                                    Estimate 2004      Mart:h2004                        200,              2004 Orig;nal
                                                                                                                        Revised                                              Original

      403 Sidewalk Improvement Fund
                                             s                                                        s
                                                                                                                                    '                  '
              Available Fund Balance - BOY            (95.006) $          {55,002) $     1,094,083         1,032,893                      1,032,893              {61,190)



              Means of Financing

                                             $                  s        345,052    s      400,000                                  s       400,000    s
                                                                                                      '
               Special assessments                    408,133                                                                                                                0,00%

               Federal grants                                                                                                                                                0.00%

               State shared revenue                                                                                                                                          0.00%
               Charges for services                                                                                                                                          0,00%

               Interest income                         54,434              66.211           10,000             1,397                         25,000               15,000     150.00%

               Operatjng transfers in                 195,201              89,218           50,000                                           50.000                          0.00%      FROM STREET FUNDS FOR HANDICAP RAMPS

               Other                                                    1,578,012                                                                                            0.00%

                                                      657,768   $       2,078.493
                                                                                    '      460,000    $        1,397
                                                                                                                                    '
                                                                                                                                            475,000
                                                                                                                                                       '          15,000     3.26%



~     30906   Operating Expenditures
CT)
                                                                                                                           NIA
      5100

      5200
                Salaries & Benefits
                Operating Supplies           '                  '                   '                 '                    NIA
                                                                                                                                    $
                                                                                                                                                       '                     0.00%
                                                                                                                                                                             0.00%

      5300      Contractual Services                                        1.013                                          NfA                                               0.00%
      5400       Other E:o:penses                                                                                          NfA                                               0.00%
      5700       Cap;taJ Outlays                                                                                           NfA                                               0.00%
      5900       Other Financing Uses                 245,122             291,956          466,498                         0%               466.498                          0.00%      DEBT SERVICE ON SIDEWALK ASSESSMENT BONDS

                                                                s                                                                   s
                                                                                                      '                                                '
                                             $        245,122             292,969   $      466,498                         0%               466.498                           0.00%



      90000   Projeet E:o:penditures

                                             s
                                                                                                                                                       '
                                                                                    $
      5200
      5300
                 Operating Supplies
                 Contractual Services                 372,642
                                                                '         697,629          350,000
                                                                                                      $
                                                                                                               4,352
                                                                                                                           NIA
                                                                                                                           2%
                                                                                                                                    $
                                                                                                                                            225,000             {125,000)
                                                                                                                                                                              0.00%
                                                                                                                                                                             -35.71%    SEE "BUDGETED CAPlTAL IMPROVEMENTS" FOR DETAIL
      5400       Other Expenses                                                                                            NIA                                                0.00%
      5900       Other Flnancing Uses                                                                                      NIA                                                0.00%
                                                                                                                           ,%                                                -35.71%
                                                                                                      '                                                '
                                             $        372,642   $         697,629   $      350,000             4.352                $       225,000             (125,000)

                                                                s                                                          1%
                                             $        617,764             990,598   $      816,498
                                                                                                      '        4.352
                                                                                                                                    '       691,498                          -15.31%


                                                                                                                                                       s          76,810
                                                                                    '                 '                             '
              Available Fund Balance - EDY   $         (55,002} $       1,032,893          737,585         1,029,938                        816,395
                City of Muskegon
                Quarterly Budget Reforecast and 2004 Proposed Budget·- Non-General Funds
                                                                                                                             Actual As                                             % Change
                                                                                        Original Budget   Actual Through                 Revised Estimate        Change From                                             Comments
                                                   Actual2002          Actual 2003                                             %of                                                 From2004
                                                                                        Estimate 2004         March2004                       2004               2004 Original
                                                                                                                             Revised                                                Original

        404 Public lmerovement Fund
                Av.iilable Fund Balance· BOY   $      1,564,898    s        985,797     $    1,113,797    $     1,408.432                s     1.408.432     s         294,635



                Means of Financing

                 Special assessments           $                   $                    $                 $                              $                   $                      0.00%

                 Property taxes                                                                                                                                                     0.00%

                 Federal grants                                                                                                                                                     0.00%

                 State grants                            52,850              390,600                                                                                                0.00%

                 Contnbutions                                                                                                                                                        0.00%

                                                         70,725               47,939           550.000             30,987                        300,000               (250,000)    -45.45%     SEAWAY INDUSTRIAL AND OTHER LAND SALES
                 Sales or Property

                 Interest income                         32.294               16,347            20,000              2,006                         10,000                (10,000)    -50.00%
                                                                                                                                                                                          $?%   GENERAL FUND TRANSFER- FIRE EQUIPMENT RESERVE ($150,000)
                 Operating transfers in                 150,000              150,000           150,000             37,500                       1,075,000              925,000     616
                                                                                                                                                                                         .      AND RLF TRANSFER FOR CROSS LAKE FERRY ($925,000)
                                                                                                                                                                                                                            0




                 Other                                   39,352               75.454                                                                                                 0.00%

                                                                                                          $        70,493                $      1,365.000    $         665,000      92.36%
                                                                   '
                                               $        345,221              680,340    S      720,000

~

----J           Operating Expenditures
        30936

                                               s                                                          s                                                  s
                                                                                                                                NIA
                                                                                                                                         '
        5100       Salaries & Benefits                             $                    $                                                                                            0.00%

                   Operating Supplies                                                                                           NIA                                                  0.00%
        5200

        5300       Contractual Servie(!S                 60,350                                   5,000                         0%                   5,000                           0.00%

        5'00       Other Expenses                                                                                               WA                                                   0.00%

        5700       Capital OuUays                                                                                     404       NIA                                                  0.00%

                                                                                                                                                                                                URBAN LAND ASSEMBLY (ULA) LOAN PAYMENT - TO BE PAID FROM
        5900       Other Financing Uses                                      150,000            150,000                         0%                150,000                            0.00%
                                                                                                                                                                                                GENERAL FUND 1N 2005 AND FUTURE YEARS

                                               s         60,350    $         150.000    $       155,000   s           404       0%       $        155,000    $                       0.00%



        90000   Project Expenditures

        5200       Operating Supplies          $                   $                    $                 $                     NIA      $                   $                       0.00%

        ssoo       Contractual Services                  70,011                9.437                                  401       NIA                                                  0.00%

        5400       Other Expenses                                                                                               NIA                                                  0.00%

        5700       Capital Outlays                      793,961               98,268            375,000           270,653       '4%             1,975.000             1,600,000     426.67%     CROSSLAKE FERRY ($1.6 MILLION); FIRETRUCK $375,000

                                               s         863,972   s         107.705    $       375,000   $       271,054       14%      $      1,975,000    $        1,600,000     426.67%

                                               $         924,322   $         257,705    $       530.000   $       271,458       '3%      $      2,130,000                           301.89%



                Available Fund Balance. EOY    $         985.797   $        1,408.432   $     1,303,797   s      1,207,467                $       663.432    $         {640,365)
             City of Muskegon
             Quarterly Budget Reforecast and 2004 Proposed Budget• Non-General Funds
                                                                                                                         Actual As                                           % Change
                                                                                      Original Budget   Actual Through               Revised Estim;;te       Change From
                                                Actual 2002           Actual 2003                                          %of                                               From2004                            comments
                                                                                      Estimate 2004      March 2004                        2004              2004 Original
                                                                                                                         Revised                                              Original

     482 State Grants Fund
             Available Fund Balance• BOY    $                     $                   $                 $       1,519                s          1,519 $              1,519



             Means of Financing

              Special assessments           $                     $                   $                 $                            s                   $                    0.00%
              State grants                           984,837               882,403           660,076                                         660,076                          0.00%
              Federal grants                                                                                                                                                  0.00%
              Sales of Property                                                                                                                                               0.00%
              Interest income                                                                                                                                                 0,00%

              Operating transfers in                 110,612               235,242                                                                                            0.00%      LOCAL MATCHES

              Other                                    10,000               25,000                                                                                            0.00%
                                                    1,105,449     $       1,142,645 $        660,076    $                            s       660,076     $                    0.00%


~
     30936   Operating Expenditures
co
     5100      Salaries & Benefits          $                     $                   $                 $                  NIA       $                   $                    0.00%
     5200      Operatjng Supplies                                                                                          NIA                                                0.00%
     5300      Contractual Services                                                                                        NIA                                                0.00%
                                                                                                                           WA
     ""
     5700
               Other Expenses

               Capital Outlays                                                                                             NIA
                                                                                                                                                                              0.00%

                                                                                                                                                                              0.00%
     5900      Other Financing Uses                                                                                        NIA                                                0.00%      TRANSFER TO LOCAL STREET FOR SMARTZONE INFRASTRUCTURE

                                            $
                                                                  '                   '                 '                  NIA
                                                                                                                                     '                   $                    0.00%


     90000   Projoct Expondituros

     5200      Operating Supplies                                                     $                 $                            $
               Contractual Services         '       1,099,B37     '       1,141,126
                                                                                                                           NIA
                                                                                                                           NIA
                                                                                                                                                         $                    0.00%

     ""
     5700      Capital Outlays                          5,612                                660,076          127,184      19%               660.076
                                                                                                                                                                              0.00%
                                                                                                                                                                              0.00%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                                    1,105.449     $       1,141,126   $                 $
                                                                                                                           ,,. '
                                                                                             660,076          127,184      19%               660,076     $                    0.00%
                                                    1,105,449     $       1,141,126                           127,184
                                                                                      '      660,076
                                                                                                        '                            '       660,076                          0.00%


             Available Fund Balance - EOY
                                            '                 .   '           1,519   $             • $      {125,665)               $          1,519
                                                                                                                                                         '           1,519
             City of Muskegon
             Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                        Actual As                                          % Change
                                                                                                  Original Budget   Actual T.hrough                 Revised Estimate     Change From
                                                            Actual 2002          Actual 2003                                              %of                                              From 2004                          Comments
                                                                                                  Estimate 2004         March 2004                       2004            2004 Original
                                                                                                                                        Revised                                             Original

     594 Marina & Launch Rame Fund
             Available Cash Balance• BOY                $          66,148    $        (183,560) $          5.948    $        (20,982)               s       (20,982) $         {26.930)



             Means of Financing
              Special assessments                       s                    s                    $                 s                               $                    s                   0.00%

              State grants                                         37,352             2S6.612                                                                                                0.00%

              State shared revenue                                                                                                                                                           0.00%

              Charges for services                               276,736              263,880            280,000             92,610                         280,000                          0.00%
                                                                                                                                                                                             0.00%
              Interest income

              Operating tral15fers in
                                                                      '"                                                                                                                     0.00%

              Other                                                                     10,378                                                                                               0.00%

                                                        $
                                                                      "'
                                                                  315,263    $         530,870 S         280,000    s        92,610                 $       280,000      $                   0.00%



~    70756   Operating Expenditures
(D                                                                                                                            11,886                $       115,247      $                   0.00%
     5100      Salaries & Benefots                      $         106,934    $         113,876    $      115,247    $                      10%
                                                                                                                                           5%                13,250                          0.00%
     5200
     5300
                Operating Supplies

                Contractual Services
                                                                   13,030

                                                                  107,812
                                                                                        20,491
                                                                                       130,577
                                                                                                          13,250

                                                                                                         114,350
                                                                                                                                "'
                                                                                                                             26299        23%               114,350                          0.00%

     5400       Other Expenses                                      1.020                                                        138       NIA                                               0.00%
                                                                                                                                           NIA                                               0.00%
     5700
     5900
                Capital Ouflays

                Other Financing Uses
                                                                                           "'                                              NIA                                               0.00%

                Other Cash Uses (e.g. Oebt Principal)             (20,980)             (21,576)                                            NIA                                               0.00%

                                                        $         207,816    $         244,209    $      242,847    $         38,965       16%      $       242,847      $                   0.00%



     90000   Project Expenditures

                                                                                                                    $                      NIA      $                    $                   0.00%
     5200
     5300
                Operating Supplies

                Contractual Services
                                                        $
                                                                  357,155
                                                                             $
                                                                                       124,083    '                                        NIA                                               0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL

     5700       Capital OuOays                                                                                                             NIA                                               0.00%

                                                        $         357,155    $         124,083    $                 $                      NIA      $                    $                   0.00%

                                                                  564,971    $         368,292    $      242,847    $         38,965       1'%      $       242,847                          0.00%
                                                        '
             Available Cash Balance - EOY               $        (183,560) $           {20,982)   $        43,101   $         32,6S3                $           1S,171   $      (26,930)
            City of Muskegon
            Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                   Actua! As                                            %Change
                                                                                               Or<Qinal Budget   Actual Through                Revised Estjmate        Change From
                                                           Actual 2002         Actual 2003                                           %of                                                From2004                           Comments
                                                                                               Estimate 2004         March 2004                     200,               2004 Original
                                                                                                                                   Revised                                               Original

    584 Municipal Golf Course Fund
            Available Cash B;,Jance • BOY              $        492,650    $        498,322    $      276,322    $       281,351               $       281.351     $           5.029


            Me3ns of Finan,;ing

             Special assessments                       $                 - s                   $                 $                             $                   s                     0.00%

             Stategr;mts                                                                                                                                                                 0.00%

             State shared revenue                                                                                                                                                        0.00%

             Chaiyes for services                                                                                                                                                        0.00%

             Interest income                                      11,985               8,715            2,000              1.468                           2,000                         0.00%

             Operating transfers in                                                                                                                                                      0.00%

             Other                                                                                                                                                                       0.00%

                                                       $          11,985   $           8,715   $        2,000    S         1.466               $           2,000   $                      0.00%



N   70542   Operating Expenditures
0   5100      Salaries & Benefits                      $                   $                   $                 $                    WA       $                   $                      0.00%

    5200      Operating Supplies                                                                                                      NIA                                                 0.00%
    5300      Contractual Services                                                     1,300                                          WA                                                  0.00%

    5400       Other Expenses                                                                                                         NIA                                                 0.00%

    5700       Capital Outlays                                                                                                        WA                                                  0,00%

    saoo       Other Financing Uses                                6,313             224,386                                          WA                                                  0.00%     LOCAL MATCH FOR TRAIL PROJECT GRANTS

                                                                                                                                                                                          0.00%
               Other Cash Uses (e.g. Debt Principal}

                                                       $           6,313   $         225,686   $                 $
                                                                                                                                      ""
                                                                                                                                      NIA      $                   $                      0,00%



    90000   Project Expenditures

    5200       Operating Supplies                      s                   $                   $                 $                    WA       s                   $                      0.00%

    5300       Contractual Serv;ces                                                                                                   WA                                                  0.00%

    5700       Capital Outlays                                                                                                        NIA                                                 0.00%

                                                       $                   $                   s                 $                    N<A      $                   s                      0.00%

                                                                   6.313   $         225,686   s                 $                    N<A      $                                          0.00%



            Available Cash Balance - EOY               $         498,322   $         281,351   $      278,322    s       282.817               s       283.351     $            5,029
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                    Actual As                                            % Change
                                                                                                 Original Budget   Actual Through               Revised Estimate        Change From
                                                             Actuat2002          Actual 2003                                         %of                                                 From 2004                           Comments
                                                                                                 Estimate 2004      March 2004                       2004               2004 Original
                                                                                                                                    Revised                                               Original

     661 Eguiement Fund
                                                                                      657,212 $                          936,872                $       936.872 I             265,946
              Available Cash Balance• BOY                $        367,851    $                          670,926
                                                                                                                   '
              Means of Financing

               Speeial assessments                       s                   $                   $                 $                            s                   $                      0.00%

               State grants                                                                                                                                                                0.00%

               State shared revenue                                                                                                                                                        0.00%

               Charges for services                             2,287.485            2,299.746        2,150,000          709,866                      2,150,000                            0.00%     INTERDEPARTMENTAL RENTAL CHARGES

               Interest income                                     10,123               12,813           10,000            2,TT9                         10,000                            0.00%

               Qper.,tjng transfers in                                                                                                                                                     0,00%


               °"~                                       $
                                                                  135,071

                                                                2.432,679    $
                                                                                       110,057

                                                                                     2,422,616   $
                                                                                                        100,000

                                                                                                      2,260,000    $
                                                                                                                            3,922
                                                                                                                         716,567                $
                                                                                                                                                        100,000
                                                                                                                                                      2.260,000     $
                                                                                                                                                                                           0,00%

                                                                                                                                                                                           0.00%
                                                                                                                                                                                                     OUTSIDE SALES OF FUEL. ETC.




""
~
     . ,,.,
     5100
              Operating Expendilures
                 Salaries & Benefits                     $        406,279    $         456.014   $      4n.738     s     113,499      a<%       $       4n.na       $                      0.00%

     5200        Operating Supplies                               523,881              567,402          455.995          100,760      aa%               455,995                            0.00%

     5300        Contractual Services                             449,607              498,770          551,072            83.339      '5%              551,072                            0.00%

                                                                                                                                                            5.000                          0.00%
     5400
     5700
                 Other Expenses

                 Capital OuUays
                                                                    6,034
                                                                  732,328
                                                                                         3,899
                                                                                       600,648
                                                                                                           5,000
                                                                                                        793.480
                                                                                                                              '"
                                                                                                                           98,292
                                                                                                                                       2%
                                                                                                                                       12%              793.480                            0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS~ FOR DETA!L

     5900        Other Financing Uses                                                                                                  NIA                                                 0.00%

                 Other Cash Uses (e.g. Debt Principal)             25,189               16,223                                         N'A                                                 0.00%

                                                         $       2.143,318   $       2,142,956   $    2,283,285    $      395,994      17%      $      2,283,285    $                      0,00%



     90000    Project Expenditures

     5200        Operafing Supplies                      $                   I                   $                 $                   NIA      $                   $                      0.00%

     5300        Contractual Services                                                                                                  N/A                                                 0.00%

     5700        Capital Outlays                                                                                                       NIA                                                 0.00%

                                                                                                                                       NIA      $                   $                      0.00%

                                                                 2,143,318   s       2,142,956   $     2,283.285   $      395,994      17%      s      2,283,285                           0,00%



              Aval!abte Cash Balance. EOY                $        657,212    $         936,872   s       647.641   $    1,257,445               $        913,587    $          265,946
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds
                                                                                                                                    Actual As                                          % Change
                                                                                                Original Budget   Actual Through                Revised Estimate       Change From
                                                          Actual 2002         Actual 2003                                             %of                                              From 2004                           Comments
                                                                                                Estimate 2004         March 2004                      2004             2004 Original
                                                                                                                                    Revised                                             Orig;nal

      642 Public Service Building Fund
          Available Cash BalanCfl - BOY s (110.802)                       $         (75,628) S        (103,250) $         124,264               $       124,264    $         227,514



              Means of Financing
               Special assessments

               State grants
                                                      $                   $                     $                 $
                                                                                                                                                '                  $                    0.00%
                                                                                                                                                                                        0,00%

               State shared revenue                                                                                                                                                     0.00%
               Challles for services                           612.766             612,766             559,872            142,468                       569,872                         0.00%      INTERDEPARTMENTAL RENTAL CHARGES
               ln!erest Income

               Operating transfers in
                                                                                       '"                                     "'                                                        0.00%

                                                                                                                                                                                        0.00%
               Other                                                                                                                                                                     0.00%
                                                      $        612,766    s        613,095
                                                                                            "   $      569,872    $       142.639               $       569,872    $                     0.00%


      S0#2    Operating Expenditures
f'0
f'0   5100       Salaries & Benefits                  $         177,196   $         166,589     $      216,259    s        46,802     22%       $       216,259    s                     0,00%

      5200       Operating Supplles                              27,049              21,924             25,950              1,909      7%                25,950                          0.00%

      5300       Contractual Services                          225.738             259,163             283,373             66.358     23%               283,373                          0.00%

      5400       Other Expenses                                  11,572             {18,515)              t,000             1.731     173%                1.000                          0.00%

      5700       C...pital Outlays                               67,543              32.813             52,000             54,257     40%               135,000               83.000    159.62%    SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL

      5900       Other Financing Uses                                                                                                  NfA                                               0.00%
              Other Cash Uses and Adjustments (e.g.
                                                                 68,494             (68,771)                                           N'A                                               0.00%
              Debt Principal)
                                                      s        577,592    $        413,203      $      578,562    $       171,057     26%       s       661,582    $          83.000    14.35%



      90000   Project Expenditures

      5200       Opera~ng Supplies                    $                   $                     $                 $                    NIA      s                  $                     0.00%

      5300       Contractual Services                                                                                                  NIA                                               0.00%

      5700       C...pital Outlays                                                                                                     NIA                                               0.00%

                                                      5                   $                     $                 $                    NIA      $                  $                     0.00%

                                                      $        577,592
                                                                          '         413,203     $      578.582    $       171,057     2'%       $       661,582                         14.35%



              Avallable Ca$h 13.alanc,:,. EOY         $         (75,628) $          124,264     $     (111,960) $          95,846               $        32.554    $         144,514
               City of Muskegon
               Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds
                                                                                                                                   Actual As                                           % Change
                                                                                                Original 6ud9et   Actual Through               Revised Estimate        Change From
                                                           Actual 2002         Actual 2003                                           %of                                               From 2004                        comments
                                                                                                Estimate 2004      March 2004                       2004               2004 Original
                                                                                                                                   Revised                                              Original

       643 Engineering Services Fund
               Available Cash Balance• BOY             $        144,167    s         101,200    $       56,370    $      86,869                $        86,869     s          30.499


               Means of Financing

                Special assessments                    s                   $                    s                 $                            s                   $                    0.00%

                State grants                                                                                                                                                            0.00%

                State shared revenue                                                                                                                                                    0.00%
                Charges for services                            488,240             516.169            555.000          120.104                        565,000                          0.00%      INTERDEPARTMENTAL CHARGES

                Interest income                                    3,000               1.788             4,000                                             4,000                        0.00%

                Operating trarisfers In                                                                                                                                                 0.00%

                Other                                             27,206
                                                                518,446    $
                                                                                       6,308

                                                                                    524,265     $
                                                                                                        50,000
                                                                                                       619,000    $
                                                                                                                            "'
                                                                                                                        120,362                $
                                                                                                                                                        50,000
                                                                                                                                                       619,000     s
                                                                                                                                                                                        0.00%

                                                                                                                                                                                        0.00%


       60'47   Operating Expenditures
f-0
c,;,   S,00       Salaries & Benefits                  $         373,101   $        362,839     $      467,131    $      78,390      17%       $       467,131     s                    o."Oo%
       S,00       Operating Supplies                              22,198              18,514            18,493            6,768      37%                18,493                           0,00%

       5300      Contractual Services                            136,545             149,159           160,000           29,868      19%               160,000                           0.00%
       5'00      Other Expenses                                    1,441               2,896             4,000              535      13%                   4.000                         0.00%
       5700       Capital Outlays                                  6,326              15,265            18,750             1,284      7%                18,750                           0.00%
       ssoo       Other F,nancing Uses                                                                                                NIA                                                0.00%
               Other Cash Uses am! Adjustments (e.g.
                                                                  21,802             (10,077)                                         NIA                                                0.00%
               Debt Principal)
                                                       5         561,413   $        538,596     $      668,374    5     116,845      17%       $       668,374     $                     0.00%


       90000   Project Expenditures

       5200       Operating Supplies                   5                   $                    $                 $                   NIA      $                   $                     0.00%
       5300       Contractual Services                                                                                                NIA                                                0.00%
       5700       Capital Outlays                                                                                                     NIA                                                0.00%
                                                       s                   $                    $                 $                   NIA      $                   $                     0.00%
                                                       $         561.413   $         538,596    $      668,374    $     116,845      17%       $       668,374                           0.00%


               Available Cash Balance· EOY             $         101,200   $          86,869    $         6,996   $      90,386                $        37,495     S          30.499
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget• Non-General Funds
                                                                                                                                                  Actual As                                       %Change
                                                                                                        Or1ginal Budget      Actual Through                   Revised Estimaie   Change From                                        Comments
                                                              Actual2002               Actual 2003                                                  %of                                           From 2004
                                                                                                                                                                                 2004 Original
                                                                                                        Estimate 2004         March 2004
                                                                                                                                                  Revised
                                                                                                                                                                   ""'                             Original

      677 General Insurance Fund
              Ava Hable Cash Balance· BOY             $            855,366     $            884,953     $        996,633     $       902,877                  s       902,877    S     (93,756)



              Me:ans; of Financing
                                                                                                                                                                                 s                  0,00%
               Special assessments

               State grants
                                                      $                        $                        $                    $
                                                                                                                                                              '                                     0.00%
                                                                                                                                                                                                    0.00%
               State shared revenue
                                                                                           2,449.390            2,792,318             601.907                        2,792,318                      0.00%     INTERDEPARTMENTAL CHARGES
               Charges for services                               2,236,965
                                                                     14.466                   11,560               12,000               2,422                          12,000                       0.00%
               Interest income
                                                                                           1,179,938            1,296,000                                            1,296,000                      0.00%     TRANSFER FROM PENSION FUNDS FOR RETIREE HEALTH COSTS
               Operating transfers In                             1,206,722

                                                                   151,517                   127.635              25,000                1,311                           25,000                      0.00%
               Other
                                                                  3,609,670    $           3,768,523    $       4,125,318    $        605,640                 s      4,125.318   $                  0,00%



      30851   Operating Expenditures
l'0                                                                                                                                                                                                 0.00%
                                                                                             178,181               30.484    $         56,285       185%                30.484   $
+'>   5100       Salaries & Benefits                  $              41,577
                                                                               '                 '"                   ,oo                            0%                    ,00                      0.00%
      5200
      5300
                 Operating Supplies

                 Contractual Services
                                                                        '"
                                                                  3.569,898                3,354,562            4,088,318            1,008.053       2$%             4,088,318                      0.00%

                                                                                                                      500                            0%                    500                      0.00%
      5'00       Other Expenses
                                                                        ''°                      '"
                                                                                                1,148                 soo                            0%                    500                      0.00%
      5700
      5900
                 Capital Outlays

                 Other Financing Uses
                                                                        "'                                                                           NIA                                            0.00%

              Other Cash Uses and Adjustments (e.g.                 (32.711)                 216,202                                                 NIA                                            0.00%
              Debt Principal)
                                                      $           3,580,083    $           3,750,599    $       4,120,102    $       1,064,3:IB      26%      $      4,120.102   s                  0.00%



      90000   Project Expenditures
                                                                                                                             $                       NIA       $                 s                  0.00%
      5200
      5300
                 OperaUng Supplies

                 Contractual Services
                                                      $                        $
                                                                                                        '                                             NIA                                           0.00%

      5700       Capital Outlays                                                                                                                      NIA                                           0.00%

                                                      s                        $                        $                    s                        NIA      $                 $                   0.00%

                                                                  3,580,083                 3,750,599   S       4,120.102    $       1,064,338       26%       $     4,120,102                       0.00%
                                                      '                            $



              Available Cash Balance - EOY                $         884,953        S         902,877        $    1,001,849       $     444,179                 $       908,093
             City of Muskegon
             Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                    Aclu.i!As                                              % Change
                                                                                                Original Budget   Actual Through                Revised Estimate        Change From
                                                         Actuill 2002         Ac!uat2003                                              %of                                                  From 2004                           Comments
                                                                                                Estimate 2004      March 2004                        2004               2004 Original
                                                                                                                                    Revised                                                 Original

     591 Water Fund
             Available Cash Balanca" BOY             s       5,071,320    $      4,189.460 S         4,502,864    s    3,422.264                s     l,422,264     $      (1,080,600)


             Means of Financing
              Spedal assessments                     $                    $                     s                 s                             $                   s                         0.00%
              Federo! grants                                                                                                                                                                 0.00%
              State grants                                                                             100,000                                          100,000                               0.00%    SHORELINE DRIVE
              State shared revenue                                                                                                                                                            0.00%
              Charges for services - City                    3.209,797           2.936,nr            4,179,398            1,015                       :4,179,398                              0.00%
              Charges for services • Wholesale                 541,130            827.619              510,499          183,739                          800,000              289,501        56.71%
              Maintenance services. Township                                       112.036             200.000           42,269                         200,000                               0.00%
              Interest Income                                   84,468              51,689              50.000            15,629                          30,000              (20,000)      -40.00%
              Operating transfers in                                                                                                                                                          0.00%
              Other                                            215,621             165,925          11,850,000           15,l.!71                    10,700,000            (1,150,000)       -9.70%    NEW DEBT ISSUANCE
                                                     $       4,051.016    $      4,094,246      $   16,889,897    $     258.523                 s    16,009,391.l   $        {880,499)       -5.21%

     30548   Operating Expenditures Administration
     5100      Salaries & Benefits                   $                    $                     $                 $                   NIA       $                   $                        0.00%
     5200      Operating Supplies                                                          20                                         NIA                                                    0.00%
     5300      Contractual Services                            433,310             524,932             507,379           107,947      21%               507,379                              0.00%     INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE
     5400      Other Expenses                                    7.966               5.681                                   360      NIA                                                    0.00%
     5700       Capita\ Outlays                                                                                                       NIA                                                    0.00%
     5900       Other Flnandng Uses                          1,023,550             436,560             401,880             4,656       1%               401,880                              0.00%     INTEREST ON WATER BONDS
             Other Cash Uses and Adjustments (e.g.
                                                              (155.361)           {117,325)            420.000                         0%               420,000                              0,00%     PRINCIPAL ON WATER BONDS
             DebtPrinci I)
                                                     s       1,309,465    $        849,868      $    1,329,259    $      112,963       S%       $     1,329,259     $                        0.00%

     60559   Operating Expenditures Maintenance. City
     5100                                                      712,770    $        993.724      s      909.197          189.370                         909,197     $
""
u,   5200
               Salaries & Benefits
               OperaMg Supplies
                                                   $
                                                               169,124             246.145             128.885    '      27,105
                                                                                                                                      21%
                                                                                                                                      21%
                                                                                                                                                $
                                                                                                                                                        128,885
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0.00%
     5300      Contractual Services                            336.967             436.2S2             495.674           71,630       "%                495.674                              0.00%
     5400      Other Expenses                                   33.577               9.788              34.480              7'3        2%                34,480                              0.00%
     5700      Capital Outlays                                   2.256               8,628              14.500                         0%                14,500                              0.00%
     5900      Other Financing Uses                                                                                                   NIA                                                    0.00%
                                                     s       1.254,694    $      1,694,537      $    1,582,736    $     288,888       '8%       $     1,582,736     $                        0.00%

     60660   Operating Expenditures Maintenance• Township
     5100      Salaries & Benefits                   $         203.610    $        117,799      $                 $       18,885       NIA      $                   $                        0.00%
     5200      Operating Supplies                               10,219               5,494                                             NIA                                                   0,00%
     5300      Contractual Services                            126,067             111.495                                15,602       NIA                                                   0.00%
     5400      Other Expenses                                      792                 805                                             NIA                                                   0.00%
     5700      Capital Outlays                                   3,289                                                                 NIA                                                   0.00%
     5900      Other Financing Uses                                                                                                    NIA                                                   0.00%
                                                     s         343,977    $        235,593      $                 $       34,487       NIA                          s
     60558   Operating Expenditures FIitration
                                                                                                                                                '                                            0.00%


     5100      Salaries & Benefits                   $         476,572    $        520,119      s      575.431    $      118,194      21%       $       575,431     $                        0.00%
     5200      Operating Supplies                              129,191             149,128             121,679            17,086      10%               121,679                              0.00%
     5300      Contractual Services                            340,767             396,949             472.400            86,670      18%               472,400                              0.00%
     5400      Other Expenses                                    4,067               2,333               2,750             1,334      '9%                 2,750                              0.00%
     5700      Capital Outlays                                  37,326              17,928              90,450             2.819       3%                90.450                              0.00%
     5900      Other Financing Uses                                                                                                    NIA                                                   0.00%
               Replacement Reserve - DWRF                                                              290,000                         0%               290,000                              0.00%
                                                     $         987,923    $      1,086.457      s    1,552,710    $     226,103       15%       $     1,552,710     S                        0.00%

     90000   Project Expendituros
     5200      Operating Supplies                    $                    $                     $                 $                    NIA      $                   $                       0.00%
     5300      Contractual Services                          1,036.817             994,987          12,745,000          591,135        5%            12.661,000                (84,000)     -0.66%
     570-0     Capital Outlays                                                                                                         NIA                                                   0.00%
                                                                          s                         12,745,000           591,135                $    12,661,000                (84,000)     -0.66%
                                                             1,036,817
                                                             4,932,876    s
                                                                                   994,987
                                                                                 4,861,442      '
                                                                                                $   17,209,705    's   1.253,576
                                                                                                                                       5%
                                                                                                                                       7%       $    17,125,705     '                       -0.49%

             Available Cash Balance - EOY            $       4,189,460    $      3,422,264      $    4,183,056    S    2,427,211                $     2,305,957     $       f!,!J77.099~
              City of Muskegon
              Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds
                                                                                                                                    Actual As                                             % Change
                                                                                               Original Budget   Actual Through                 Revised Estimate        Change From                                          Comments
                                                          Actual 2002         Actual2003                                              %of                                                 From 2004
                                                                                               Estimate 2004         March 2004                      2004               2004 Original
                                                                                                                                    Revised                                                Original



      590 Sewer Fund
                                                                          $                    $                        1,046,328                     1,046,328     $        (512,202)
                                                                                                                 '
              Available Cash Balance· BOY             $       1,027,063          1,231,951          1,558,530                                   $



              Means of Financing
                                                                          $                                                                     $                   $                      0,00%
               Special assessme11ts

               Federal grants
                                                      $
                                                                                               '                 $
                                                                                                                                                                                            0.00%

               State grants                                    462,131                                100,000                                           100,000                             0.00%     SHOREUNE DRIVE

               State shared revenue                                                                                                                                                         0.00%

               Charges for seivices                           4,009,593          4,008,773          4,500,000            101,779                      4,500,000                             0.00%

               Interest income                                   22.263             19,739             40,000               7,839                        40,000                             0.00%

               Operating transfers in                                                                                                                                                       0.00%

               Other                                              7,591             48,971             80,000                                            80,000                             0.00%

                                                      $       4,501,578   $      4,077.483     S    4,720.000    $       109,618                $     4,720,000     $                       0.00%


              Operating Expenditures Administration
      ""'
      5100       Salaries & Benefits                  $                   $                    $                 $                     NIA      $                   $                       0.00%

      5200       Operating Supplies                                                                                                    NIA                                                  0.00%

      5300       Contractual Services                           370,396            388.912            312.969              61,995     20%               312,969                             0.00%     INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE

""
0:,
      "'°        Other Expenses                                  13.300               6,865                                  '27       NIA                                                  0.00%
      5700       Capital Outlays                                                                                                       NIA                                                  0.00%
      5SOO       Other Financing Uses                           741,054                               111.056              89,257     SO%               111,056                             0.00%     INTEREST ON SEWER BONDS
              Other Cash Uses and Adjustments (e.g.                                                                                                                                                   PRINCIPAL ON SEWER BONDS
                                                                 32,9n             507,081            455,308                          0%               455.308                             0.00%
              Debt Princi all
                                                      $       1,157,722   $        902.858     s      879.333    $       151,679       17%      $       879,333     $                       0.00%


      60559   Operating Expenditures Maintenance

      5100       Salaries & Benefits                  $         659,059   $        609,560     $      805,286    $       136.662       17%      s       805,266     $                       0.00%
      5200       Operating Supplies                              95,733             44.036             63.159               1,946      3%                63,159                             0.00%
      5300       Contractual Services                         1,579,256           1,586,736          1,974,687           335.286       17%             1,974,687                            0.00%
      5'00       Other Expenses                                   3,004               2,248              2,500                1$0      6%                   2,500                           0.00%

      5700       Capital Outlays                                  4.055               9.096              8,000                         0%                   6,000                           0.00%
      5900       Other Financing Uses                                                                                                  NIA                                                  0.00%
                                                      $       2,341,109   s       2,253,676    $    2.853,632    s        474,064      17%      $      2,853,632    $                       0,00%


      90000   Project Expenditure:;

      5200       Operating Supplies                   $                   s                    $                 s                     NIA      $                   $                       0.00%
      5300       Contractual Services                           797,659           1.106,572           945,000            213,628       24%              874,000                (71,000)     -7.51%    SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL

      5700       Capital Ou~ays                                                                                                        NIA                                                  0.00%

                                                                797,859   $       1,106,572    $      945,000    $        213,628      24%      $       874,000     $          (71,000)     -7.51%

                                                      $       4,296,690   $       4,263,105    $    4.677,965    $        839,371      '8%      $      4,606,965                            -1.52%



                                                      $                                        $     1,600,565   $        316,575               $      1,159,363
              Available Cash Balance• EOY                     1,231,951
                                                                          '       1,ll46.328
    ~lty o; Muskegon                                                                 -j. --~
                                                                                                       ----'''-------l------'--·---C-----                       -1- -
                                                                                                       _,_ _ _ __J__ _ _ __L_ _ _ _.(_ - - - - - - - ----·
    quarterly Budget Reforecast and 2004 Propo~e~ -~-~dg!t~"------l-----"-----+------+-
                                                                                                                                          1

                                                                                                                                                                            ----···------ - - - - - - - - - - - - 1
                                                                                           Original
                                                                                                     1st Quarterf
                                                                                                               :;1 2nd Quarte
                                                                                                                                                           Jid O.llarie-
                                                                            Responsibl!!ty                                                                     audget                              Comments
                                                                                           Budget    Ref=r~~::i         Budget
'     -
                                                             _- - - --- ___L _ _ _ _J__ _ __:_J__--"'"'"""'---"R~_f9_!!l_CJl~!l                         __ JW9r11_cas_l
    --'-------------------

                                                                2004 PROJECTS
    101 General Fund
                                     -------------------"'=,,.,.,..,,_.,,==~"'
                    No Major Capital Projei:ts Budgeted                                                              - s
'
'         --
    202 Major Streets
                                                                                                                                                                             Reconstruct and Service Replacements {$552,354 STP
    91032           McCracken, She1man to Lakeshore Drive                                 Al-Shale I          600,000          950,000                            ______                              Grarit) ,_,, _____ ,__________ _
                                                                                                                                  ,                                          RetQflSlrucl arid Service Replacements ($324,000 STP
    92012 Sherman, Lincoln to Beach                                                       AI-Sha\el                            450 000
                                                                                                              500,000 1______L _ _ _ __(__ _ _ __j__ _ _ _ _ _ ___,G,,aeocll~-------l
    92026           Walnut, Wilcox to Thompson (100')                                     Al-Shale!            35,000     35,000                   Resurface Walnut and Recons\f\Jct Cherry w/Watermain

    93004           Beidler, Laketon to Southern (1600')                                  Al-Shale!           200,000           10,000                                                      Special Assessment Failed
'         --C--------------                                                                             l - - - - + - - - - · ...
    93005           Strong, Jefferson to Peck (700'}                                      A!-Shatel           120,000           95,000                                                      Reconslruc! w/Wa!ermain

    93006           Campus, Jeffersori to Washington (500')                               At-Shatel            80,000          150,000                                                             Reconstruct
                                                                                                                                                                           -New CorlSlruction - Funded by$6.80 mllliOrl-BUiJd M\Ciiigan
    96017           Shorelirie Drive East (Inc! Terrace Extension, Spring, and We         A!-Shatel          J,000,000        4,500,000:

,91635
  _ Shorelirie Drive from Terrace to Southern                                             Al•Shalel          3,000,000        3,000,000                                                                '""'
                                                                                                                                                                           Resurfacing - Funded by $3.05 m!Mn Build Michigari Furid

    96059           Sidewalks - Handicap Ramps                                            Al-Sha lei           25,000           20,000
                                           ----------+-----+-------1-----l-                                                                             ------+-----------------1
    93023           Western Ave - Pine to Terrace                                         Al-Shale!                            100,000                                            Reconstruct, could use Bulle! Michigan Funds

                    Stale Jobs from past years                                            Al-Shale!                              7,000
                                                                                                                                         -- - -··-- ------- - - - - - - - + - - - - - - - - - - - - - - - - - 1
                                                                                                             7,560,000        9,317,000




    203 Local Streets
~           -
    93007           Hudson, Forest to Southem (400')                                      AJ.Shatel            65,000            7,000                                                     Special Assessment Failed
                                                                                                                                              -----1-----+-------
    93008           Yuba Strelll, Eastern lo Sumrier (1500')                              Al•Shatel           250,000           12,000                        Specia I Assessment Failed

    93009           Ridge, Cumbe~and to Wickham (700')                                    Al-Sha lei           90,000            8,000                                                     Special Assessment Failed

    93010 Torrent, LeTart to Shermari {350')                                              AI-Shalel            50,000           60,000                                                     New Constructkm - Grave!
                                                                                                                                                                           -Reiurface w/12" Waler Loop for Tech Center Building;
    92018           Harvey, Marquette to Stebbins (2700') and Water Loop
                                                                                 .   ,.   Al-Shale!           250,000          250,000
                                                                                                                                                                                 __Continnent UPOn MCC Reimbursement
    93012           Austin, Bamey to Dela/ID                                              Al-Sha!el
                                                                                 _!__ _ _ _ _ __
                                                                                                              130,000          135,000                                                             Reconstruct

    96059           Sidewalks - Hariclicap Ramps
                                                                  --· ________ , __Al_-'_"_'_' _'      --1--===""=-l===='=L----_j___
                                                                                                               25,000

                                                                                                              860,000
                                                                                                                                20,000

                                                                                                                               492,000

    254 L.C, Walker Arena
    93015           Siemens Energy Improvements                                             SroH                               260,000                                                 Financed With lnterfund Borrowing


                            ----------
,403
 _ Sidewalks
    96059 2004 Sidewalk Replacement Program                                               Al-Sha lei          350,000          225,000                                             Financed With Special Assessment Bonds


                                                 -· ···-----·-·      .   ----·- ------
    404 Public Improvement Fund
    96051           Fire Quint                                                            Kleibecker          375,000          375,000
'   93022           Cross Lake Ferry Improvements                                          Mauide                          1,600,000                                                      $900,000 FROM RLF FUND
'                                                                                                             375,000      1,975,000




    48~te Grants Fund ______                                             _
    91008 !core Commuriities lriiliative (Te1ed)'fle-Boardwalk)                       Brubaker-Clarke         500,000          500,000                                              Financed With Core Commuriities Grant
                I       ,-,-···"--·----        ------------l------'-----1-----0-
    96096 ;sue Assessment Projects                                                    Bn;baker-Clarke          46,076           46,076
                '                ----------------C-----+------1------
    99060 I Lakeshore Trail Phase IV (Shoreline Drive)                                      Scott             114,000          114,000

                                                                                                              660,076          660,076




                                                                                                                         27
    ___,! _ _ _ _ _ _ _ _ _ _ _ _ _ _ _                                  --f------+'------+-'- - - - - + - - - - - + - - - - - f - - -
    City of Muskegon
    :§~~ir:t_erly Budget Reforecast and 2004                     P.i:~p~o~•=e;,d=B=u=d~g•=•~1-----+-----C--------+-------+---------
                                                      - - _ _ _ _ _ __,__ _ _ _ j __ _ __J_ _ _ ___j__ _ _ _                                              - l - - - - - - + - - - - - - - - ___________,
                                                                                                                Ortglnal   ht Quar1e  2nd Quarte                3rd Quarter
                                                                                   Responslb!llly               Bud et        Budget      Budget;                   Budget                              Comments
L _         _J_ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ j __ _ __J_                                           ... -      g L-_Refo~_c~!,_Beforeca~:                 RefQ!"~ca=•,t_ _ _ _ _ _ _ _ __


                                         2004 PROJECTS
            ------------------------'s"'~4si~~~*-- --------
     590 Sewer
                                                                                                                                         ·-···-~------+-----+-------------                                                         -----
     92004     Forest & Madison Lift Station                                         Al•Sha!el               125,000                125,000                                               Replace Pumps, Panels and Rails

     93007     Hudson, Forest lo Southern {990')        Al•Sha!el 50,000 2-000                                                                                                                  Special Assessment Failed
                                          ----------l-----+-----f---------1-----+--- -
                                                                                                                                                                                Reconstruct and Service Repla~ements ($355,830 STP
     91032 McCracken, Sherman to Lakeshore Drive                                     Al,Shatel                50,000                 5-0.000
                       - ------- ----- -·----·- - - - - - - - - - - + - - - - - l - - - - - - + - - - - - - C - - - - -                                                   ,________,0,,,,,.11_ ----·· - - -
     93004 Beidler, Laketon to Southern (1600')                                      Al•Shatel                20,000                  2,000                                                     Special Assessment Failed
                                                      ----- ---------+-----+------+-----+------------·-----+-----------------
     93016     Sanitary Sewer Upgrades (Barney Liftsta!ion lo 12" Main)              Al.Shale!               150,000                                                                              Added to Austin project
    ____ .]____                                                --- -----l------+---- --                                     --- -----·--··     -----
     93012 :Austin, Barney to Delano                                                 Al•Sllale!               50,000                100,000                                                      New Sanitary Sewe1 Une
                                                                                                                                                                                                                          ------l
     96017    Shoreline D1!ve East (Incl Terrace Extension, Spring, and W            Al•Shatel               100,000                150,000                                             Street P1oject - Associated Utility Work

              Sewer Rehab Project                                                    AI-Shatel               400,000                400,000
                                                         - ····---------+-----l-- ·---                                      ------    - -+-----+-----+---'-'-'-"-"-•_Pump S-~~~ Youog and Henry
     93006 Campus, Jette.son to Washington                                           Al•Shatel                                       35,000                                                 Sanitary sewer main & service
                                                                                       "------·-···· --                                                                                                                      --·---~
     93005    Strong, Jefferson to Peck                                              Al•Shatel                                       10,000                                                           Service repair
I            - --···------------------
                                                                                                             945,000                674,000
L__          _j_ -- -  -------------1-----1-----+-----+----I---
I    filtl _e,W,"•=tc'e',_r_ _ _ _ _ _ _ _ _ _ __J__ _ __J__ _ __J__ _ __J_ _ ___j ____ - - - - - j - - - - - - - - - - - - - - - j
     93007    Hudson, Forest to Southern (400')                                      Al•Shatel                50,000                  2,000                                                     Special Assessment Failed
' 91032
     -
              McCracken, She1man to Lakeshore Drive                                  Al•Shatel                50,000                300,000
                                                                                                                                                          - - - - - - + - - - - - - - -- ·--- · - - - - - - - ;
                                                                                                                                                                                          New 12" Walermain and services
I    ----·.                                                                                                                                                                                         - - - ~ -·-·--- . - -
     93008 Yuba Street, Eastern to Sumner (1500')                                    Al•Shate!               150,000                  2,000                                                     Special Assessment Failed
                                                                                                                                                                                         -------------                                 ---·
     92021    He1rick, Sumner to Jackson                                             Al•Shate!                70,000                 80,000                                                       DWRF Bond Financed

     93004 Beidler, Laketon lo Southern (1600')                                      Al•Shatel               165,000                  2.1100                                                    Special Assessment Failed

     93005
                                        ----------1------l-----+-----l--
              Strong, Jefferson to Peck (700')
                                                                                                                                                   -     - + - - - - - + - - - - - - ----- · - - ·-·----- .. --- - - -
                                                                                     Al•Shatel                60,000                 60,000                                                     Reconslroct w/Walermain
                                                                                                                       - --·--                                                  Resurface w/12" Wate1 Loop for Tech Center Building;
     92018 Harvey, Marquette to Slebbins (2700') and Water Loop                      AI.Shatel               800,000               600,000
                                                                                                                                                                                Con!ifl!lent Uoon MCC ReimbUfsement and Muskeaon
~~            Nims St Tank Palnting                                                                          440,000               440,000
                                                                                                                                                           1 - - - - - - + - - - - ~ - - - - - - · · ··---· - - · - - -
     96017 1Sho1ellne Drive East (Inc! Terrace Extension, Spring. and We             Al•Shatel               100,000               150,000                                             Street Project • Associated Utility Worll
                                                                                      . ---- -------+------1---                                         -- l - - - - - + - - - - - - -
    92006 Water Main Replacements                                                    Al•Shatel               100,000
                                                     ------·-·--- -·--   ---   .                                                                       --                             - - - - - - -----
    92007 Breakwall - Beach SI/eel                                                     Kuhn                  60,000                                                                                Delayed Unlil 2005
    -------+-----------                                                                                            _J'-------1------1------+-------------
l .•97041     Water FIitration Plant lmp~'.:::~~ents                                   Kuhn               10,700,000             10,700,000                                              DWRF Low ln1erest Loan Funding

    93023     Western Ave, Pine lo Terrace                                           Al•Shatel                                      70,000                                                         New 12" Watermain

    92026 Walnul, Wilcox lo Thompson                                                 Al•Shalel                                      20,000
                               - - - - - - - - - - - - + - - - - - ' - - - ··-- -
1--'-'_0_10-J-r_,_"_'__"_'_,s_h_,_,m_,_,_1o_L,_1,_,__________-J-_A_l_-_s_ha'.e_1 ___L::====i:==="'=i--~---l-------l------
                                                                                                         35,000
                                                                                                                                                   -------·-
                                                         __________
                                                             _,______,_____           12,745,000 ) _ _
                                                                                                     12,661,000
                                                                                                                                   ---
                                                                                                                j __ _ __J_ _ _ _ _ _ C - - - - - - - - - - - - - - - - - 7

                          - - - - - - - - - - - - - - - 1 - - - - - + - - -------
     642 Public Service Building
    99040 Public Service Bulldirig HVAC Energy Upgrades                                Kuhn                  52,000                135,000                                    $83,000 Project   ·costs Nol Completed in 2o6J11SOiigfrial1Y
~--                                                                                 ------J-----i-----+-----+------J-------->PS<OCi•"c"tel~--------1
L__ ____      L--------~---- ---·                                                                                                              ----1-------1-- ----------------1
j,61 Equipment Fund
                                                                                                                                    '""-       -----+-----
              Palro! Car Replacements--'-16 )_ _ _ _ _ _ _ _ _
                                          0
                                                                          +-----+---
                                                                            Kuhn   132,000
                                                                                       - ---
                                                                                                                                   132,000                                                            Re?lacement
                                                                                                                                                                                                                ---------1
              Sedans (6)                                                              Kuhn                   96,000                 96,000                                                            Replacemenl
                       ··------ - - - - - - - - - + - - - i - - - - + - - - - + - - - - - j                                                                    ----+------·-· ·----·- - --                                         ---·-·-
              Tractor                                                                 K"hrr                  80,000                 80,000
'                  ---------------
              Blazer                                                                  Kuhn                   30,000                 30,000                                                            Rep!acement
                                                                                                               -
              Plow Truck Replacements (2)                                             Kuhn                  140,000                140,000                                                            Replacement
                                                                                                              -         1-- ----1-------+-- - - l - - - - - - - -- --·--- - -
              Small Dump Trucks (3)                                                   Kuhn                   75,000                 75,000                                                            Replacement
                                                                                                                        '                                         ---+--------
              M!nl•Pickup Trucks (4)                                                  Kuhn                   72,000                 72,000                                                            Replacement
                                                                                                                              ----+-------1- - - - - + - - - - -
              Loader                                                                  Kuhri                  98,000                 98,000                                                            Replacement
'       --     ------- -                       ---    -----
              ;Toro Seaway                                                            Kllhn                  20,000                 20,000                                                            Replacement
                                                                                                            ------··
              40CY Dumpbox                                                            Kuhn                   20,000                 20,000
                                                                                                                                 - - - - 1 - - - - +------+----·-·- - - - - - - - - - - - - 7
'       -
              Radios and Various Olher ~'.nor ~q~'.~~~I. _____            _j_       _'""''_---l~==""'=l===""=j_
                                                                                     Kuhn         30,480  30,480
                                                                                                                 ____ - l - - - - - - + - -                                                           Replacement

                                                                                                            793,480                793,480
                                                                                                                                                       - - - 1 - - - - - ---·- - - - - - - -
                 --------------                                                                     ----·-                                                                      -------                    -
                                                                                                     s 10,650,556 ! $          12,362,556




                                                                                                                            28
Date: April 27, 2004
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE: Transmittal of 2003 Comprehensive Annual Financial Report


SUMMARY OF REQUEST: The City's 2003 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. At this time
the CAFR is being formally transmitted to the Commission in accordance with state
law. The 2003 CAFR has been prepared in accordance with GASS 34 accounting
standards. Should the Commission wish to do so, staff and the independent auditors
are prepared to conduct an in-depth work session to focus on the CAFR as well as
City finances in general.

FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2003 and includes the independent auditor's unqualified opinion on the
City's financial statements.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Acceptance of the 2003 CAFR.

COMMITTEE RECOMMENDATION: There is no committee recommendation
at this time.




9/18/97                                                                             1
Date:       April 13, 2004
To:         Honorable Mayor and City Commissioners
From:       Ric Scott
RE:         Summer Celebration Request


SUMMARY OF REQUEST:
Summer Celebration is asking that the City waive the
rental charges for the use of City equipment during the
festival.


FINANCIAL IMPACT:
Not known


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
The   Leisure   Services    Board   did    not  make     a
recommendation.    They requested more    information   be
provided in order to make a decision.
Date:     April 13, 2004
To:       Honorable Mayor and City Commissioners
From:     Ric Scott
Re:       Summer Celebration Request
Summer Celebration is requesting that the rental fees
for various city equipment be waived for this year's
festival.  This would include garbage cans, barricades,
picnic tables, etc.  I would guess that the fee would be
less than $5,000, but we really don't know what i t will
be at this time.    They will be paying for all staff
time, however.
At their meeting on Monday, April 19th , the Leisure
Services Board did not make a recommendation.  The board
requested a list of equipment and fees be provided along
with a liability waiver.
Staff would recommend approval of the request.
Thank you for your consideration.
                      SUMMER CELEBRATION EQUIPMENT RENTAL REQUESTS

                      Equipment             Quantity   Rental Rate   Total Cost

                      Barri cades (type III) 55        $5/day        $475

                      Barricades (Type I)   14         $3/day        $90

                      Cones                 325        $!/day        $425

                      Temp. No Park signs 285          $!/day        $485

-   -   -----------   Warning signs         51         $2/day        $162

                      Hydrant Trees         2          NC            $0

                      Hackley Fencing       I          $300          $300

                      Park Benches          2          $10           $20

                      Bleachers             4          $125          $500

                      Stage                 I          $500          $500

                      Picnic Tables         50         $10           $500

                      Total                                          $3,457
Ht-'~:,-.:·,--<CUU4       iu: 11   c-k'Ui'l    l'iiJ'=;i'EGCll•I '3U1•-1MER CEL.EBRPT.                                  TD       RIC   ~;con   P.01/01




    2004 New Purchase ttems or rentals                             I         ,... ,
                                                                                                           •




               I                                               '   I
                                                                                                                   ---
    Purchases                                                                                                       ---
                Wood· Snow Fence                                    $ 850.00 34-50' rolls                            .,••-

                                                                    $ 837.00 '!          3001
          - ~n_ce·      posts
                Plastic Snow Fence
                                   - --
                                                                    $  559.50   10-1  00' rolls
                                                                                                   --
                                                                                                   -- ···-
               -Barricades                                          $ 900.00              10       --
            +Traffic Cones                                         i$ 156.00              40 _,,_
            __ ,Billy Goat                                          $ 800.00 .             2
                Leaf Blowers                                        $ 250.00               2      .---
                Trailer                                             $2,000 00        ...   1
                                                                   I

    .. . --                                                                     ...                            -   ···-
                                                                   I                                                    ···-
   >--··
    ,..                                                                                                             .... . _..
                                                                   I . ----•-- ----                                   ·-
    Rentals                                                                                                        ····-
                        Buckef"i"ruck                                  $1,400.00          1 month rental
                        ExtraCarts                                     $1,200.00          2-1 month rental
                                                                                               -·····
                                                                                                 --
                                                                                                                   ···--
                   .•                                                                 !

                                                     .. ,..•                          '

                                                                                      !
                                                                                                      ..
               .                              . ..
                                                                       $8,954.50 '
                   Commission Meeting Date: April 27, 2004




Date:         April20,2004

To:           Honorable Mayor and City Commissioners

From:         Planning & Economic Development

RE:           Sale of Marginal Lots at 348 and 372 Dratz Street


SUMMARY OF REQUEST:

To approve the sale of two vacant marginal lots (Parcel #24-613-000-0764-00 and #24-
613-000-0766-00) at 348 and 372 Dratz Street to Terry Kunnen, Jr., of 354 Dratz
Street, Muskegon, Ml. Approval of this sale will allow Mr. Kunnen to expand his current
yard. (see attached map). The property located to the North of Mr. Kunnen has an
occupied, tax-reverted house located on it. These lots are being offered to Mr. Kunnen
for $1 each under the Dollar Lot Marketing Plan.

FINANCIAL IMPACT:

The sale of these lots will allow the properties to be placed 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 the resolution and deeds.

COMMITTEE RECOMMENDATION:




4/20/2004                                                                              1
                                    CITY OF MUSKEGON

                                     RESOLUTION #2004- 41 (g)

RESOLUTION APPROVING THE SALE OF 2 CITY-OWNED NON-BUILDABLE LOTS
                                                             I

WHEREAS, the City of Muskegon has received $2 from Terry A. Kunnen, Jr., 354 Dratz Street,
Muskegon, MI 49442 for the purchase of 2 vacant, City-owned lots located adjacent to his
property at 348 & 372 Dratz Street (parcel #24-613-000-0764-00 and #24-613-000-0766-00);
and

WHEREAS, these lots are considered marginal under the City's Zoning Ordinance; and

WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and
would relieve the City of further maintenance; and

WHEREAS, the sale of these properties would be in accordance with property disposition goals
and the Dollar Lot Marketing Plan.

NOW, THEREFORE BE IT RESOLVED, th~t THE CITY OF MUSKEGON URBAN
RENEWAL PLAT NO 4 LOT 764 and CITY OF MUSKEGON URBAN RENEWAL PLAT
NO 4 LOT 766 be sold to Terry A. Kunnen, Jr. for $1 each.


Resolution adopted this 27'h day of April, 2004.

       Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron

       Nays:    None




       Gail A. Kundinger, MMC
       Clerk
                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on April 27, 2004.
The meeting was properly held and noticed pmsuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                      CITY OF MUSKEGON



                                              By
                                                                                                                       _on_


    ---]--,..---                ------- w~ - · - -
                                                                                                                     ~- -°t!.
                                                                                                                         m


-   -    -- -- -   -   --




        ~"-}                s
    "61,_L - -                                               •                           s                  ]

                                                         ;-'Cc_~cc .-- -~___:J
                                                                 -      ---- -      -



                                                         ;l                              ~


                                                         -           _ _ j'.6___'.l~L_   L_ 1    ~.'.J~L_




                                                                                         -tt:T -



                                                                                                                 s

                                                     •
                                                                                                                ~0---



                                                                                                >-. - ---
                                                                                                UJ
                                                     ----                                ----"I u ----
                                                     •                                                ~:::>s
                                                     ---- -              - - - - --- -       -   -- ---l    a ----- - -
                                                                                                     ~
                                                      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 TERRY A. KUNNEN, JR., a married man, of 354 Dratz Street, 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. 4, Lot 766

for the sum of: One Dollar ($1 .00)

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 Gran tor. 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 terminate the reverter clause.

This deed is exempt from real estate transfer tax pursuant tot.he provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this    ol'/1.4   day of     /f;J/'//           ,2004.

Signed in the presence of:




       ~ (\l)n           l<r v k'ow<:;.~ 1
STATE OF MICHIGAN
COUNTY OF MUSKEGON

           Signed and sworn to before me in Muskegon County, Michigan, on         /J;,/'J   ell , 2004 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.


                                                            L,nda        s. /al/-/', ,NotaryPublic
                                                          Acting in the County of 2'.??«s %ego 0
PREPARED BY: John C. Schrier                                 77lu-s A"e q-o,n            c-Ollrity, Michigan
Parmenter O'Toole                                         My Comm. E,q,ires:       7- ,,;,.,,-- t? h
175 W. Apple Avenue/P.O. Box 786
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                          SEND SUBSEQUENT TAX BILLS TO: Grantee


C:\DOCU ME-1 \anguilm\L OCALS~ 1\T emp\8159 06. 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 TERRY A. KUNNEN, JR., a married man, of 354 Dratz Street, 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. 4, Lot 764

for the sum of: One Dollar ($1.00)

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 lien covers both parcels or there are not liens on either parcel, the property owner may request and the Granter
shall agree to waive and terminate 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   cl f;/,   day of   /Ip c I
                                    I            , 2004.

Signed in the presence of:




   ~~ K~"'L
      -:r~f\nn \<,v ~ 1>1»':>C\
STATE OF MICHIGAN
COUNTY OF MUSKEGON

       Signed and sworn to before me in Muskegon County, Michigan, on /i 0 r;/ o< 'l , 2004 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, ~espectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalfofthe City.


                                                        /_,',,,I~ s. /4 t (-,, ,-- , Notary Public
                                                      Acting in the County of @u .s ke e;c, a
PREPARED BY: John C. Schrier                           /llus £'1:,£ 0 0                ccFu'nty, Michigan
Parmenter O'Toole                                     My Comm. Expires:        9- ;i <>- o   C,
l 75 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 23 l /722-1621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee


C:\DOCUME~1\anguilm\LOCALS~1\Temp\815906.doc
                   Commission Meeting Date: April 27, 2004




Date:         April15,2004
To:            Honorable Mayor and City Commissioners
From:         Planning & Economic Development c/JL
RE:           Public Hearing - Request to Establish an Obsolete Property
              District - Harbor Theater


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina &
Storage, LLC, 1920 Lakeshore Drive, Muskegon, Michigan, has requested the
establishment of an Obsolete Property District. The district would be located at 1937
Lakeshore Drive, Muskegon, Ml, the former Harbor Theater. Total capital investment
for this project is $123,500. The project will result in the creation of 12-14 new jobs in
the City.

FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution establishing an Obsolete Property District for 1937
Lakeshore Drive, Muskegon, Ml.

COMMITTEE RECOMMENDATION:




4/28/03
                                 CITY OF MUSKEGON
                             MUSKEGON COUNTY, MICHIGAN

                                   RESOLUTION NO. 2004-42 (a)


A resolution establishing an Obsolete Property Rehabilitation District.

The City Commission of the City of Muskegon hereby RESOLVES:

                                             Recitals


A.     The City of Muskegon has been designated as a qualified local government unit for the
       purpose of establishing Obsolete Property Rehabilitation Districts and approving
       Applications for Obsolete Property Rehabilitation Exemption Certificates.

B.     The area located in the land described in this resolution is known to the City Commission
       and is clearly characterized by the presence of obsolete commercial property, and the
       land and improvements are obsolete commercial property.

C.     Notice has been given by certified mail to the owners of all real property within the
       proposed Obsolete Property Rehabilitation District and a hearing has been held offering
       an opportunity to all owners and any other resident or taxpayer of the City to appear and
       be heard. Said notice was given at lea.s t ten (10) days before the hearing.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.     That the property described in this resolution and proposed as an Obsolete Property
       Rehabilitation District is characterized by obsolete commercial property.

2.     That the obsolete commercial property, the subject of this resolution, is described on the
       Attachment A to this resolution.

3.     That the City Commission hereby establishes an Obsolete Property Rehabilitation District
       on the lands and parcels set forth in the attached description.

This resolution passed.

Ayes      Shepherd, Spataro, Warmington. Carter. Davis. Gawron. Larson

Nays      None

                                                    CITY OF MUSKEGOo/

                                                    By    ~ Q-:__~:_ _: _:_~
                                                    Gail A. Kundinger., MMC
                                                                                        ~
                                                    Clerk
                           ATTACHMENT A



CITY OF MUSKEGON EVISED PLAT OF 1903 SWL Y 55 FT LOT 2 NEL Y 22 FT
LOT3 BLK627
                                       CERTIFICATE

       This resolution was adopted at a meeting of the City Commission, held on April 27,
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.

                                                  CITY OF MUSKEG~~

                                                  By
                                                  Gail
                                                       ~    Q~r
                                                       Kundinger, lvfMC
                                                       A.
                                                  Clerk
        I
/
    I
                            Commission Meeting Date: April 27, 2004




Date:                  April15,2004
To:                    Honorable Mayor and City Commissioners
From:                  Planning & Economic Development C/6 C,,,.
RE:                    Public Hearing - Request to Issue an Obsolete Property
                       Certificate - Harbor Theater


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina &
Storage, LLC, 1920 Lakeshore Drive, Muskegon, Ml, has requested the issuance of an
Obsolete Property Certificate for the property located at 1937 Lakeshore Drive (former
Harbor Theater), Muskegon, Ml. The building is presently unoccupied, but will be
rehabilitated for use as a new improved theater and coffee shop. Total capital
investment for this project is $123,500. The project will result in bringing 12-14 jobs to
the City of Muskegon. Because of these new jobs, the applicant is eligible for a 9 (nine)
year certificate.

FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:
                                                                                    1?37
 Approval of the attached resolution issuing an Obsolete Property Certificate for ~~
.lrot!I< amcrot, Muskegon, Ml for a term of nine (9) years.
 Lq,,ft:, .. /2?1,e.    /J/', ·//iL-
coMMITTEE RECOMMENDATION:

None




4/28/03
 Apr 05 04 0S:04a                                 John Bultema                                                              (c'31 J       780-3722                              p.C


.--···
    Michigan Depanmenl of Treasury. STC
    3674 {~0)

    APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
    This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is
    established. This project will not receive tax benefits until approved by the Slate Tax Commission.
    INSTRUCTIONS:             File the Ol'iginal and one copy of this form and the required altachments with the clerf< of the local government unit (Tho State Tax
                              Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
                              State Tax Commission Bulletin 9 of 2000 fOf" more information about the Qhs,::ilele Property Rehabilitation Exemption.

     TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT                                                     THIS SECTION FOR USE BY THE STATE TAX COMMISSION
     UNIT. Clerk must also complete sections14. 15 and 17 on page 2.
     Signature (,_                                                                                   Applicalion No.
                   'k,,·
     Dal-', This Application W~s Received                                                            oate Received
      /1         f'I   I     s:        ,xOO
     TO BE COMPLETED BY APPLICANT                                      A     Jicant, do not wn·te above this line. Bee in entries at 1a below.
    1.1. Applicanl (Company) Name (App1ieant must be the OWNER of lhe facility)                          Important Note:
      Groot. lakes M'iriici & Storc                         UC                                           If this application form (3674) is not fully completed, it will be
     b. Company Mailing Address (No. and StreeI, P.o. Box. City, State. ZIP)                             returned by the Property Tax Division prior lo any processing
      19~ I.a                       Ir.                       MI      49441                              being done by th1:?! State Tax Commission
      c. Loe a.lion of Obsolete Facility (No. and Sm~et, City, St.ale, ZIPM.i3~,                         ti. CityfTWp.Nillage                                e. County

          -            'lreiltre 1937 I.almue Ir.                            MI 49441                                                                        ME
     2. Dale of Commencement of Rehabilltalion            3. Planlled Dall: ol Completion of Rehabirll!lition    4. Sc:ho« Dist ic:t Where Facility is Localed a. School Code

                                 15 2'XJ4                                                                                                                      61010
     5. £!:limaled Cosl ol Reh.!bllit:ation                                                                     6. How Many Years ol Exemption Requested?

                           3~.oo                                                                                  6 Yffil'.S to J2 YffiIS
     7. Projec1 will have the reasonable ~llelihood lo; {Check one or more)                              8. Legal Descrip!ion of Obsol'>le Property
    ~ increase commardal acilvlty
    IZJ   create employment
                                                                                                            'Ile auth l'e.'ler]y 55 fl of rot 2 ad tre
    D     retain employment                                                                                 N:Jcthxb'lerly U. fl of Iol 3 Hk:ck 6Zl,
    0     pte11enl a loss or emp!oymant                                                                     re,isa'l Plat of 1903, City of' MEl<Egn,
    1K}   rellitaUze urban areas
    6'J   increase lhe number or residents in the community
                                                                                                            MEl<eg:n Qurt..y, Midri{JO
          m wtiich the facility is .silualed
     7a, Indicate !he number of jobs ta btt rolained or created as a result of rehabi1ilating tho
          facility. including expecled cnnstrudion employment       12 lo 14
      9. The following must be provided to the local governmental unit as attachments to !his application:
      (a) General description of the obsolete racl!lty, (b) General description ol the proposed use of the rehabilitated facility. (c) Description ol lhe general
      nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building ,~quipment that wm be a part of the rehabilitated
      ffleilJ:!¥e~tft:iH~e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from


      10. The Stale Treasurer may exclude from the specific tax up to 1/2 or the mills levied for local sc:hool operating purposes and for the State Education
              lax. Please check the following box if you wish lo be considered for this exclusion:                [xi
      11. APPLICANT'S CERTIFICATION

     The undersigned, aulhoriz:od officer of the company making this: .application certifies that, lo lhe bes! o! his/her knowledge, no information contained
     herein or in the attachments hereto is false in any way and that all of the infonnation is lruly duscriptivc of the property for which !his application is
     being submitted, Further, !he undersigned is aware that, if any sIalement or information which it provides is untrue, the exemption provided by P.A.
     146 of2000 may be in jeopardy.

     Tho applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabil/tated bcility, as-
     defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be unde.rtake.n without tho applicant'r. receipt of the
     exemption certificate.

     II is further certified that lhe undersigned Is familiar with the provisions or PA 146 of 2000, oflhe Michigan Compiled Laws: and to lhc best of his/her
     knowledge and belief, {s)he has complied or wlU be able to comply with all of the requirements lhemof which are prerequisite lo the approval or the
     application by the local unit of government and the issuance of an Obsolete Property Reftabill!ation Exemplion Certiricate by !he Stale Tax
     Commisslon.

                                                                                                                                                      Telephone Number
                                                                                                                                                      t   231 >75CJ..-82lJ

                                                           n MI 49441
                                                                                                                                                      Te!-C!phon& Number




                                                                 this aoolication and suooortinq documentation ma.Y
3674 (page 2)
LOCAL GOVERNMENT ACTION

This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.

14. Action Taken


 Jg' Date of Action:          /l,ac1 I ol0 iJa)f                                   ~ EXEMPTION APPROVED FOR                                   q            Years

                                                                                        Ending December 31,              d(l_l3               (not to exceed 12 years)
 0    DISAPPROVED

15. RESOLUTION MUST CONTAIN THE FOLLOWING.                                          A copy of the resolution must be furnished to the State Tax Commission.
 ~ A statement that the local unit is a Qualified Local Governmental Unit.                ~A         statement that all of the items described on line 9 of the Application for
 ~    A statement that the Obsolete Property Rehabilitation District was legally                  Obsolete Property Rehabilitation Exemption Certificate have been provided to
      establlshed including the date established and the date of heanng as                        the Qualified Local Governmental Unit by the applicant.
      provided by section 3 of P.A. 146 of 2000.                                          '[SI    A statement that the commencement of the rehabilitation of the facility did not
 g    A statement indicating whether the taxable value of the property proposed                   occur before the establishment of the Obsolete Property Rehabilitation
      to be exempt plus the aggregate taxable value of property already exempt                    District.
      under P.A. 146 of 2000 and under P.A. 198 of 1974 (JFT's) exceeds 5% of             13"' A statement lhat the application relates to a rehabilitation program that when
      the total taxable value of the unit.                                                        completed constitutes a rehabilitated facility within the meaning of PA 146 of
 ~    If it exceeds 5% (see above), a statement that exceeding 5% will not have                   2000 and that is situated within an Obsolete Property Rehabihtation District
      the effect of substantially impeding the operating ol the Qualified Local                   established in a Qualified Local Governmental Unit eligible under PA 146 of
      Governmental Unit or of impairing the financial soundness of an affected                    2000 to establish such a district.
      taxing unit.                                                                        '8:J'   A statement that completion ol the rehabilitated facility is calculated to, and
_Q(' A statement that the application was approved at a public hearing as                         will at the time of issuance of the certificate, have the reasonable likelihood
      provided by section 4(2) of PA 146 ol 2000 including the date of the                        to, increase commercial activity, create employment, retain emplo~ent,

 ~earing.                                                                                         prevent a loss of employment, revitalize urban areas, or increase the number
    A slatement that the applicant is not delinquent in any taxes related to the                  of residents in the community in which the facility is situated. The statement
      facility.                                                                                   should indicate which of these the rehabilitation is likely to resull in.
' ~ A statement of the factors, criteria and objectives, if any, necessary for            181     A statement that the rehabilitation includes improvements aggregating 10%
      extending the exemption, when the certificate is for less than 12 years.                    or more of the true cash value ol the property at commencement of the
 ~A      statement that the application is for obsolete property as defined in                    rehabilitation as provided by section 2(1) of P.A. 146 of 2000.
      section 2{h) of Public Act 146 of 2000.                                             ~       A statement of the period of lime authorized by the Qualified Local
                                                                                                  Governmental Unit for completion of the rehabilitation.


 16. ASSESSOR:                                                                                    Taxable Value                          State Equalized Value (SEV)

      Current Taxable                                                            Land        l 3 ~QO                                            L3,, (,, 00
      Value and State                                                                     l 3? 'loo                                           l3.3. 700
      Equalized Value of
                                                                         Buildings
                                                    Buildings on Leased Land
                                                                                                     1n                                                 '0
      obsolete properties
      broken down for:                               Other Personal Property
                                                                                                         r,                                            0
                                                                    Year of Values           ,-2.{) (}        'I..                               c:/00 t/
                                         I'll, ,                                                                                          I Date of Action on This Appll~tion
       c,t-~· ,,r
 17. Name of Local Government Body


                  Y.
                                    /l, •.sk,, ,Ye)/)
                                            .....
                                                                                                                                                    i/-.-:J7-ol/
                                                                                                                                                              .
CLERKS CERTIFICATION
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy.

 SignaturnCle~-
          ,       .,:; 'L,
 Clerk's Mailing Address
                             (;                 '
                                        KJ.-L-'\•~· (t-.. .
                                                          v,C:::i ~.~)
                                                              ,:J
                                                                                                  Date
                                                                                                     7-/,;2 -o t/
                                                                                                  City
                                                                                                                                            Telephone Number
                                                                                                                                            1.J.3/ l 7,Jti-(,. 70.)
                                                                                                                                            ZIP Code

       933               Je..,ri,/C'°                                                             )lJlf..:,/( ("<'On                              y·_p~vo
  Applications received after October 31 may not be acted upon in the cifrrent year.
  This application is subject to audit by the State Tax Commission.
  Mail completed Application and copy of Resolution to:
      State Tax Commission
      Michigan Department of Treasury
      P.O. Box 30471
      Lansing, Michigan 48909-7971
  If you have any questions, please call (517) 373-2408 or 373-3302.
                                                                   1920 Lakeshore Drive • Muskegon, Michigan 4944 I
                                                                     Telephone (231) 759-8230 • Fax (231) 755-6437




APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE

  9. The following must be proved to the local governmental unit as attachments to this application:

     NOTE: Please see attached photo

         a) The general description of the obsolete facility is that for many years this was operated as a
            movie theater. The last active business within the facility was a recording studio.
         b) The proposed use for the rehabilitated facility is for a new improved movie theater that includes
            a coffee shop.
         c) Description of the general nature and extent of the rehabilitation to be undertaken is a face-lift to
            the exterior as well as the interior. Which includes carpeting, expensive wall coverings, refit of
            the entire lighting system, modification to the sprinkler system, complete refit of bathroom
            facilities, new fixed seating and new exterior to the front including a new fixed awning.
         d) A descriptive list of the fixed building equipment is a complete refit of the bathroom facilities,
            refit of the entire lighting system, modification to the sprinkler system, carpeting, expensive wall
            coverings, new fixed seating and new exterior to the front including a new fixed awning.
         e) A time schedule of undertaking and completing is as soon as possible. Hopefully to start April
            15, 2004 with a completion date of June 15, 2004.
         f) The economic advantages to this is rehabbing the building in the Lakeside district and creating
            employment and increase commercial activity for the community, Great Lakes Marina customers
            and the newly constructed facility for the Cross Lake Ferry.
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN

                                 RESOLUTIONNO. 2004-42(b)


A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by GREAT LAKES MARINA & STORAGE L.L.C.

The City Commission of the City of Muskegon hereby RESOLVES:

                                            Recitals

A.    The City Commission has received an Application for an Obsolete Prope1iy
      Rehabilitation Exemption Ce1iificate from Great Lakes Marina & Storage, L.L.C., to
      apply to the improvements located in an Obsolete Property Rehabilitation District
      established by previous resolution.

B.    The City of Muskegon is a qualified local governmental unit as determined by STC
      Bulletin No. 9 of 2000, dated July 12, 2000.

C.    An Obsolete Property Rehabilitation District in which the application property is located
      was established after hearing on April 27, 2004, being the same date that the district was
      established.

D.    The taxable value of the property proposed to be exempt, plus the aggregate taxable value
      of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does
      not exceed five percent (5%) of the total taxable value of the City of Muskegon.

E.    In the event it is determined that the said taxable values do exceed five percent (5%), the
      City Commission determines further that the said excedence will not have the effect of
      substantially impeding the operation of the City of Muskegon or impairing the financial
      soundness of any affected taxing units.

F.    This resolution of approval is considered by the City Commission on April 27, 2004,
      after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was
      held on this date.

G.    The applicant, Great Lakes Marina & Storage, L.L.C., is not delinquent any taxes related
      to the facility.

H.    The exemption to be granted by this resolution is for nine (9) years.

I.    The City Commission finds that the property for which the Obsolete Property
      Rehabilitation Exemption Certificate is sought is obsolete prope1iy within the meaning of
      Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
      functionally obsolete. The City has received from the applicant all the items required by
      Section 9 of the application form, being the general description of the obsolete facility, a
      general description of the proposed use, a description of the general nature and extent of
      the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
        be pmi of the rehabilitated facility, a time schedule for undertaking and complete the
        rehabilitation, and statement of the economic advantages expected from the exemption.

J.      Commencement of the rehabilitation has not occurred before the establishment of the
        district.

K.      The application relates to a rehabilitation program that when completed will constitute a
        rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
        Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.

L.      Completion of the rehabilitated facility is calculated to and will, at the time of the
        issuance of the Certificate, have the reasonable likelihood to increase commercial activity
        and create employment; it will revitalize an urban area. The rehabilitation will include
        improvements aggregating more than ten percent ( 10%) of the true cash value of the
        prope1iy at the commencement of the rehabilitation.

M.      The City Commission determines that the applicant shall have twelve (12) months to
        complete the rehabilitation. It shall be completed by April 27, 2005, or one year after the
        Certificate is issued, whichever occurs later.

N.      That notice pursuant to statute has been timely given to the applicant, the assessor for the
        City of Muskegon, representatives of the affected taxing units and the general public.


        NOW, THEREFORE, THE CITY COMMISSJON RESOLVES:

1.      Based upon the statements set forth in, and incorporating the recitals to this resolution,
        the City Commission hereby approves the application filed by Great Lakes Marina &
        Storage, L.L.C., for an Obsolete Prope1iy Rehabilitation Exemption Ce1iificate, to be
        effective for a period of nine (9) years;

2.      BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
        forth in Attachment A, the legal description containing the facilities to be improved;

3.      BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
        shall comply with the representations and conditions set forth in the recitals above and in
        the application material submitted to the City.

This resolution passed.

Ayes:      Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd

Nays:      None

                                                      CITY OF MUSKEGON           I
                                                      By    Lo.~~
                                                      Gail A. Kundginger, City Clerk


                                                  2
                                       CERTIFICATE

This resolution was adopted at a meeting of the City Commission held on April 27, 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.

                                                  CITY OF MUSKEGO~        j          .
                                                  By   ~ D. t<,... . .d....,,..r
                                                  Gail A. Kundinger, City Clerk




                                              3
·-··
                             CITY OF MUSKEGON
                               LEGAL NOTICE


 NOTICE IS HEREBY GIVEN that a public hearing will be held concerning the
 establishment of an Obsolete Property District and issuance of an Obsolete Property
 Exemption Certificate by Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive,
 Muskegon, MI 4944 f; as provided by Public Act 146 of Michigan Public Acts of 2000.
 The property is located at 193 7 Lakeshore Drive, Muskegon, Michigan. The hearing will
 be held by the City Commission of the City of Muskegon on April 27, 2004, at 5:30 p.m.
 at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan. Owners of
 property or any other resident or taxpayer of the City of Muskegon shall have the right to
 appear and be heard.




                                              Gail A. Kundinger
                                              City Clerk

 Publish: April 17, 2004
                                                                DMP                                  PAGE   ~3
      81/23/2002       01:40    2317284548
                                      REAL ESTATE SUMMARY SHEET

    Parcel: 61~24-205--627-0002-00               Owner's Name: l!ONT'.[NGTON BANI(

Property Address: 1937 LAKSSHORS bR                                       Map#: 24-30-35-253-006

Property Class: 201     School Di~trict, 61010       24 C!TY OF MtJSKEGON
Prev. Clas•    1 201       Neighborhood, C07 .. C07.LllKllSIDE COM
Public 1mpr., Paved Road, Storm Sewer, Sidewalk, Water, sewe~, Electric, Gae,
Curb
Topographyi Level, Landscaped

Legal Description,                                               Mailing Address:
CITY OF MUSK!;;OON                                               221 W WEBSTER AVE
REVISED PLAT OP 1903                                             MUSKEGON, MI 49440
SWLY 55 FT LOT 2
NELY 22 FT LOT 3
BLK 627

---------------·          Most Recent Sale Information                           -----------------
  Sold or. 12/0B/2000 for 258,163 by DRUBE ROGER A/DENISE K.
  Terms of Sale, Sheriff's Deed                     Liber/Page,                 3 ll~/2   98

                                Physical Property CharacteristicB       -----------------
2002 s.E.v., 15a,,oo              Taxable, 'l.11,619       Land Value, 25,121
2001 S,E,V., 151,800              Taxable: 141,548        Acreag•• 0,22
zoning: R                                                       Frontage: 77.0
Homestead:         0,000\      Land Impt', Value, 9~5           Ave1•0.ge Depth, lH.o

                                            Improvement Data
#    of Residential Buildings, O                                # of Ag. Euildings, 0
'fear Built: O                                                  !lot. TCV,
Occupancy; Single Family
c:lasa: D                                                       ff of Commercial Buildings: 1
Style, 1 STORY                                                  Type: Theater    Cinema
&Y..terior:                                                     o.. sc;
t Good (Physical), o                                            Claaa: c
,eating System, Forced Air w/o Ducts                            Quality: Low Coat
slectric - Amps Service: 0                                      Built,    0 Remodeled, 1~79
I of Bedroom$, O                                                overall Building Height• ~l
'ull Bath•, 0           Half Bathe,     0                       Floor Area: 7,020
~loor Area:                                                     Sale Price/Floor Area: 36,78
h:"ound Area,                                                   EBt. TCV, 290,682
lara9e Area;                                            Cmts,
1asement Area:
,.,,.i,emc:nt Walla;                                                                 •
'.st. TCV,
    NORTH ELEVATION




NORTH AND EAST ELEVATION




           11
                                                                                  LOCATION MAP


                                                                                                                                                                               WWestemAve

                                                                                                                                                                                    Washington Ave
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                                                                                                                    SUB:ECT PROPERTY
                                                                                                                    1937 Lakeshore Dr
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                                                         Norton Shores                                                                                                      W Broadway Ave
                                                                                                                                                              Cornell Rd
                                                                                                                                                  0mi   0.2        0.4      0.6          0.8                                    1.2




Copyright© 1988-2000 Microsoft Corp. and/or its suppliers. All rights reserved. http;//www.microsoft.com/Streels
@Copyright 1999 by Geographic Data Technology, Inc. All rights reserved.© 1999 Navigation Technologies. AU rights reserved. This data inc!udes inform au on taken with pennission from                               Page 1
Canadian authorities© Her Majesty Iha Queen In Right of Canada.© Copyrighl 1999 by Compusearch Micromarketing Data and Systems Ltd.
   GREAT LAKES MARINA AND STORAGE LLC                                       FIFTH THIRD BANK                   22677
               1920 LAKESHORE DRIVE                                        MUSKEGON, Ml 49445
                MUSKEGON, Ml 49441                                              74-5/724
                    (231) 759-8230                                                                   4/14/2004


PAY TO THE City of Muskegon                                                                        $ **69.00
ORDER O F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '
  Sixty-Nine and 00/100* *** **** ***** **** ** **** *** *** ******* ** ***** ** ***** ** **** ***** ***
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS                                  t5l ~.
         City of Muskegon




       Theater Application for obsolete property rehabi
MEMO _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                                                                 M'


                    11• □   2 2b 7 711•   ,: □ ?   21.000 5 21: DODD 28 71. l. 211•

  GREAT LAKES MARINA AND STORAGE LLC
       City of Muskegon                                                                4/14/2004               22677
  Date        Type Reference                              Original Amt.    Balance Due Discount          Payment
  04/14/200 Bill     APPLICATION FEE                              69.00          69.00                      69.00
                                                                                   Check Amount             69.00




  1110 Cash-OK Ban          Theater Application for obsolete property re                                       69.00
                  Commission Meeting Date: April 27, 2004




Date:         April20,2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development            Crb C..,
RE:           Vacation of a portion of Larch Avenue.


SUMMARY OF REQUEST:

Request for the vacation of Larch Avenue, between Clinton and Leahy St.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:                               I
                                           Lo..rc",
Staff recommends vacation of the portion of Jackie □ BiYe., with the condition that any
City easement rights be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended the vacation, with the condition as listed
above with T. Harryman and T. Michalski voting no.




4/20/2004
                                     CITY OF MUSKEGON

                                      RESOLUTION #2004-43(a)
                  RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

WHEREAS, a petition has been received to vacate Larch Ave., between Clinton and Leahy St; and

WHEREAS, the Planning Commission held a public hearing on April 15, 2004 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the April 27, 2004 City Commission
meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Larch Ave., between Clinton and Leahy St.;

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the prut of the City Commission
shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said portion
of street hereby vacated, and it is hereby expressly declru·ed that any such tights shall remain in full
force and effect;

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace speciaI planting, landscaping, fences or any strncture. No structure shall
be placed in the easement which, in the sole judgment of the City, will inte1fere with the repair or
maintenance of utilities in the easement, public or private.

                  th
Adopted this 27 day of April, 2004.

        Ayes:     Warmington, Carter, Gawron, Larson, Shepherd, Spataro

        Nays:     Davis

        Absent:        None




                                                Attest     LO_~
                                                         Gail A. Kundinger, MMC, City Cl
                                                                                           ~
                               CERTIFICATE (Vacation of Larch Ave.)


I hereby certify that the foregoing constitutes a tJ.ue 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 April 27, 2004.




                                                        Gail Kundinger, MMC
                                                        Clerk, City of Muskegon
     .
·~-i-----------~~~

     '




4/20/04          2
                                 Staff Report [EXCERPT]
                                  CITY OF MUSKEGON
                                 PLANNING COMMISSION
                                   REGULAR MEETING

                                        April 15, 2004


Hearing; Case 2004-11: Request to vacate Larch Avenue between Clinton and Leahy
Street, by Hackley Hospital (Gerald Adams)

BACKGROUND
Hackley Hospital is in the midst of turning the hospital into a more of a campus like
atmosphere. The hospital is shifting focus from the neighborhood more towards the heavily
traveled Laketon Avenue. The Master Planning Process has indicated that two new
buildings are being planned for the campus, a 48,000 sqft medical office building and a
20,000 sqft cancer treatment center. The hospital is now requesting the vacation of two
streets located within the "hospital campus."

Larch Avenue runs south of the main hospital building and bisects the parking areas in
between Peck and Leahy. The applicant has submitted a traffic analysis that indicated 85%
to 90% of vehicles on that street are hospital related. Which translates to 1O to 15% passing
through. The site plan (Case 2004-13) shows that if the street is vacated, larch will be closed
off to inhibit through traffic. The connection through the site is planned to still be there,
however it will be offset.

The applicant has submitted a list of ways the vacation will help to improve the hospital site.
The vacation will help to create a campus atmosphere, enhance development to the south
of the complex, reduce traffic conflicts, and eliminate city maintenance on a road that is
mainly used for private use.

The hospital owns the land on both sides of the street. It intends on making the area more
pedestrian friendly for staff and patients and a public street running down the middle makes
that difficult.

Staff has received comments from the DPW, they have indicated that we would need to
obtain an easement for water, sewer, and storm utilities. Staff will bring any additional
comments to the meeting.

STAFF RECOMMENDATION
Staff recommends approval of the request with the condition that the City retain all
easement rights to the utilities.

DELIBERATION
I move that the vacation of Larch Avenue between Clinton and Leahy Street be
(approved/denied). (based on the following conditions--only if approved):
That all City easements be retained.
Date: April 27, 2004
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE: Healthcare Renewal/Rx Co-Pay Reimbursement Program


SUMMARY OF REQUEST: The City has received 2004-05 renewal rates for
the Priority Health HMO program - the healthcare choice of nearly all active city
employees. Renewal rates at current benefit levels are 15.1 % higher than current
rates. This translates to an additional annual cost of $286,204. Staff has also
received renewal rates assuming a change in the drug benefit co-pay from the
current $10.00 to $15.00. Making this change lowers the rate increase to 8.9% and
achieves gross annual savings of $118,738. We have discussed this option with the
labor-management committee and they are generally receptive to the change
provided that the city re-implement the $5.00 Rx reimbursement program to help
soften the impact on employees.          Staff believes that even with this proviso,
significant savings will be achieved and recommends approval.

FINANCIAL IMPACT: As shown on the attached page, net annual savings are
estimated to be $93,438. The level of employee participation in the reimbursement
program will determine actual costs/savings.

BUDGET ACTION REQUIRED: No budget action is recommended at this time,
however, the change will have positive impact on both the 2004 and 2005 budgets.

STAFF RECOMMENDATION: Staff recommends renewal of the Priority Health
contract with a $15.00 Rx co-pay and re-implementation of the $5.00 Rx co-pay
reimbursement program.

COMMITTEE RECOMMENDATION: None.




9/18/97                                                                            1
 CITY OF MUSKEGON RENEWAL ANALYSIS 2004
 Fully-Insured Priority Health HMO

 June 1, 2003 - June 1, 2004                                                                                                                                                                                                                                                                                                                                     Comments - Current Pro.9.ram
               Current          Current                                                                                                                    $10.00 X 26 pay                                                                                                                                                                                       $1 o Office Visit Copay
             Composite Number of                                                                                                                          /12 mths = $21.66                                                                           Monthly                                         Annual                                                     $1 O Prescription Drug Copay w/CM
                Rates        Employees                                                                                                                      3.47% of Prem.                                                                            Premium                                        Premium                                                     100% Hospitalization
 Single      $ 623.27                       40                                                                                                            $            866.66                                                                 $ 24,930.80                               $ 299,169.60                                                             80% DME/PO
 Double      $ 623.27                       59                                                                                                            $          1,278.33                                                                 $ 36,772.93                               $ 441,275.16                                                             $25 ER
 Family      $ 623.27                      154                                                                                                            $          3,336.66                                                                 $ 95,983.58                               $ 1,151,802.96                                                           $50 Ambulance
 TOTAL!/: ,, .      ... ,. '' i!"':"'l!I:1{253                                                                                                           '$(::,' ' ' 5,4811651                                                                $ ~57';687.31 : $!1;892)247,,72                                                                                    Vision Exam - 12 mth $0 copay

 June 1, 2004 -June 1, 2005                                                                                                                                                                                                                                                                                                                                      Comments - Renewal w/No Chan.9.e
              Renewal     Current                                                                                                                            $10.00 X 26 pay                                                                                                                                                                                     With Rate Relief represents a 15.1 % increase
             Composite Number of                                                                                                                            /12 mths = $21.66   Monthly       Annual                                                                                                                                                             $ 23,850.31 Monthly Increase
               Rates    Employees                                                                                                                             3.02% of Prem.    Premium      Premium                                                                                                                                                             $286,203.72 Annual Increase
 Single      $ 717.54           40                                                                                                                          $          866.66 $ 28,701.60 $ 344,419.20
 Double      $ 717.54           59                                                                                                                          $        1,278.33 $ 42,334.86 $ 508,018.32
 Family      $ 717.54          154                                                                                                                          $        3,336.66 $110,501.16 $ 1,326,013.92
 TQTAl:.l:'<"•··•                                                                                   . T          ''        (Cf,253                       '$/'                     ':)5;481.6/k $/181;$37(62 , $i2,178;:.i51'44
 INCREASE         OVER'CURRENTiCOST==::,,                                                                         ,,                                                                           $ 23,850l31' ,,$.! 286;2113172',
   .,,.:.~:,, , •   ; ''·"~:;,,~,,; •. :::,. "'"'·"''·'"'· .~: .. ;,J:.;,.c;.. ,.,J.1.1 "' :,,:.,:.1. ~: ;;·.,.,,
                                                                                                                                                                                                                                             ' ,, • ,.,,,..•,,.,,., •..,.,..,.,.L. '' '.' ''' '                'H it1'5l1% j
 June 1, 2004 - June 1, 2005                                                                                                                                                                                                                                                                                                                                     Comments - Renewal w/$15 Rx Copay
               Renewal     Current                                                                                                                           $10.00 x 26 pay                                                                                                                                                                                     $1 O Office Visit Copay
              Composite Number of                                                                                                                           /12 mths = $21.661    Monthly         Annual                                                                          I                                                                              $15 Prescription Drug Copay w/CM
                Rates    Employees                                                                                                                            3.19% of Prem.      Premium        Premium                                                                                                                                                         100% Hospitalization
 Single     I$ 678.43 I          401                                                                                                                        $          866.40 I$ 27,137.20 I$ 325,646.40                                                                                                                                                         80% DME/PO
 Double     I$ 678.43 I           591                                                                                                                       $        1,278.33 I$ 40,027.37 I$ 480,328.44                                                                                                                                                         $25 ER
 Family     I $ 678.43 I        1541                                                                                                                        $        3,336.66 I $104,478.22 I $ 1,253,738.64                                                                                                                                                     $50 Ambulance
 1"9TA½/••·•· ' ;.•., ., . /, •. ,,',••·,
                       j,                    y•,.5,~~1,~;~;:[:~171,~1~-T~;J~•~,059;?~3i~s,                       ,:;> 2~~1 ~i·•·:• :                                                                                                                                                                                                                             Vision Exam - 12 mth $0 copay
!INC:~l;ASE!QVER;.CURRENTCOST::;:::::,,, '' .. ·•.·• u: :>:: , : .:$\ '.13;955:48 '' 167,465'.76 •                                                                                                                                                                                      t ;'
                                                                                                                                                                                                                                                                                     ,-_:\(:'t_:_ ;;:,_;_c,i;;,               i:\:8':9%

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                                                                                                                                                                                                                                                                             <fr$./11.8;737':96:•:
                                                                                                                                                                                                                                                                         : •; r•. ,:.:.'.. ,.,;;.:;.,c: .. s,,:.::.•,.,_,,.,,_, .. :..:,c:.,:,:,~;."'"''"''"''




·g,p~J19F:$5. QP!.~gl1111]QR§~1V,1J~NJ;JIBO~~M#if~J[J·:]]JP:•iJ!.'.ii,•!'iJi$•J'•·,.:•:2s,3ppJp1>•'·
}isn.~A:\?'1.f'l•~~:.l:!XJ:IV,IQ1{!f\l,~t9.~1~•-!19·•~ 92RAX:':=f :'i,·, ,, ,;L.LiU '.L•l:.•.• .,~~,13,?,~~••                                                                                                                                                               1

                                                                                                                                                                                                                                                                                                                                                             i
Date: April 27. 2004
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Liability/Property Insurance Renewal



SUMMARY OF REQUEST: To renew the city's liability and property insurance
coverage with the Michigan Municipal Risk Management Association (MMRMA), an
intergovernmental self-insurance pool representing more than 300 Michigan
municipalities. Since 1986 the city has had liability coverage through MMRMA; in
1999 property coverage was added. Staff is recommending that the city's self-
insured retention (SIR) be increased from the current $75,000 level to $100,000. The
savings from doing this are nearly $100,000 which means the city would have to
have four claims of over $100,000 before the premium savings were offset by the
higher deductible. Recent experience has been favorable and staff believes this is a
sound risk to assume.

FINANCIAL IMPACT: Total contribution of $846,246 comprised of two
components: $538,728 fixed insurance costs and $272,300 contribution to the city's
self-insured retention fund. The fixed insurance costs represent a 3.5% decrease
over 20003-04 costs (see attached).

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Renewal of liability and property insurance
coverage with MMRMA. Staff believes that intergovernmental procurement of
insurance coverage is most cost-effective approach. Moreover, the MMRMA
program has the broadest coverage available to Michigan municipalities and the
city's past experience with the program has been very positive.

COMMITTEE RECOMMENDATION: None.




9/18/97                                                                            1
                                    CITY OF MUSKEGON
                        2004-2005 MMRMA LIABILITY RENEWAL OPTIONS

                                         CURRENT         RENEW         RENEW          RENEW
                                        $75.000 SIR    $75.000 SIR   $100.000S/R    $150.Q0_OSIR

COVERAGE                            $        594,515   $   668.346 $      573,946 $      517.838
PERCENT INCREASE ===>                                        12.4%          -3.5%         -12.9%

MEMBER LOSS FUND DEPOSIT                     262.084       272.300        272,300        272.300
PERCENT INCREASE===>                                          3.9%           3.9%           3.9%

                                    $        856.599   $   940.646 $      846,246 $      790.138
PERCENT INCREASE===>                                          9.8%          -1.2%          -7.8%
                  Commission Meeting Date: April 27, 2004

Date:                 April 16, 2004
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department
RE:                   Sale of Parcel in Seaway Industrial Park


SUMMARY OF REQUEST:
To approve the sale of Lot #9 in Seaway Industrial Park (see attached map) to Schultz
Transport, Inc., 1559 Getz Road, Muskegon, Ml 49441.                  This company performs
commercial snowplowing, in addition to being a transport company. The purchase price is
$24,000, which is the full asking price. Schultz Transport, Inc. will be relocating his business
from his current location outside of the City, and has from 2-10 employees, depending on
the season. As part of the purchase agreement, Schultz Transport, Inc. has requested a 45-
day option on Lot #8.

 FINANCIAL IMPACT:
The sale of this lot, while is located in a Renaissance Zone, will still generate City of
Muskegon income tax.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution, deed, and all other necessary documents.

COMMITTEE RECOMMENDATION:




4/16/04
                                      Resolution No. 2004-43 ( d)

                               MUSKEGON CITY COMMISSION

 RESOLUTION APPROVING THE SALE OF A LOT #9 IN SEAWAY INDUSTRIAL PARJ(
                    TO SCHULTZ TRANSPORT, INC.

WHEREAS, the City of Muskegon has ownership of the property known as Lot #9 located in
Seaway Industrial Park, Muskegon, Michigan, designated as parcel numbers 24-205-410-00 l 0-
00; and

WHEREAS, Schultz Transport, Inc., 1559 Getz Road, Muskegon, MI, has made a legitimate
offer to purchase the subject property; and

WHEREAS, both the Seller (City of Muskegon) and Buyer (Schultz Transport, Inc.) agree to the
terms of the purchase as outlined in the attached purchase agreement; and

WHEREAS, James Schultz, owner of Schultz Transport, Inc., is a City of Muskegon employee;
and

WHEREAS, James Schultz is a City employee, the City Commission desires to sell the property
to Schultz Transport, Inc., and

WHEREAS, the sale would generate additional.tax revenue for the City and relieve the City of
further maintenance costs; and

WHEREAS, the redevelopment of the subject property is consistent with the City's objective of
development of Seaway Industrial Park.

NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves the sale
of the property known as Lot #9 to Schultz Transport, Inc. for the sum of $24,000, with a 45-day
option to purchase Lot #8, not withstanding the conflict, the City Commission determines it is in
the best interest of the City to sell this prope1iy.

                            See attachment A for property description.

Adopted this    n th   day of April, 2004

Ayes:    Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis

Nays:    None

Absent    None
                                           ATTACHMENT A



BLOCK 4 AND THE VACA TED ALLEY IN SAID BLOCK 4 AND PART OF
VA CATED W AALKES STREET, YOUNG & WILLIAMS ADDITION AS
RECORDED IN LIBER 3 OF PLATS, PAGE 39, MUSKEGON COUNTER REGISTER
OF DEEDS:

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST
FRACTIONAL¼ OF SECTION 31, T.I0N., R.16W., SAID CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, THENCE N00°00'00"E 644.09 FEET ALONG
THE EAST LINE OF SAID NORTHWEST FRACTIONAL ¼; THENCE S89°39'32'W
33.00 FEET ALONG THE SOUTH LINE OF SAID YOUNG AND WILLIAMS
ADDITION FOR POINT OF BEGINNING; THENCE S89°39'32"W 307.43 FEET
ALONG SAID SOUTH LINE; THENCE N00°00'00"W 84.95 FEET ALONG THE
CENTERLINE OF VA CATED WAALKES STREET; THENCE N89°40'00"E 307.43
FEET ALONG THE SOUTH RIGHT OF WAY LINE OF DELANO A VENUE;
THENCE S00°00'00"E 84.91 FEET ALONG THE WEST RIGHT OF WAY LINE OF
PARK A VENUE TO POINT OF BEGINNING.

NOTE: BEARINGS BASED ON THE EAST LINE OF THE NORTHWEST
FRACTIONAL¼ OF SECTION 31, T.l0N., R.16W. PER PLAT OF YOUNG &
WILLIAMS ADDTION AS RECORDED IN LIBER 3 OF PLATS, PAGE 39,
MUSKEGON COUNTY REGISTER OF DEEDS.




O:\Planning\COMMON\Econ. Dev\Property Sales\Seaway Industrial Park\LOT 9 ATTACHMENT A.doc
                                       CERTIFICATION

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 April 27, 2004.                                                    . /

                                                               By:        o..J..,   L~
                                                                          Gail Kundinger, Cl
                                                                                                                                                                                               I
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                                                                                                                                                                .      . '---:.-:-:-1--
                                                                                                                                                                                          .,                                                            CITY OF MUSKEGON
                                                                                                                                                                                                                                                           WUSl<ECON COUNTY, MIOilCAH
                                                I                     '                                                                        \                                           I
                                                                                                                                                    \                                                    0   100·   200'              •oo·            SEAWAY INDUSTRIAL PARK
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                                                                                                                                                                                                                                                                               ---~~~-   --~--~----
                                                  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 SCHULTZ TRANSPORT, INC., a Michigan corporation, 1559 Getz Road, Muskegon,
Michigan 49441,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
                                                                      11
                                                    "See Attached

for the sum of: Twenty-Four Thousand Dollar ($24,000.00)

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   _M day of        IZJy                ,2004.

Signed in the presence of:                                       CITY OP.MUSKEGON

       o.o.,._, t(~¼rw O x'v
  "'tY:rol;\nn       i(ru Ko...,.,~;
                                                                  By(,1/.~U~ ~
                                                                 William

                                                                 and       &La arsonJi;Vice~M_¢or
                                                                                      1(,_,_~c¥!-0
                                                                 Gail 1\. Kundinger, MMC, Its Clerk U
                                                                                                         .




STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this f//, day of                   Zllt.tY       ,
2004, by WILLIAM LARSON and GAIL A. KUNDINGER, MMC, the Vice-Mayor and Clerk:--;;spectively, of the
CITY OF MUSKEGON, a municipal corporation, on behalf of the City.

                                                       ,,-:ftaufo              ,.4. /-?rttu,
PREPARED BY: John C. Schrier                               L,'ncfc,        S   6,it'f'r ,NotaryPublic
Parmenter O'Toole                                     Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                      My Comm. Expires: 9 -.;)         .s--0   f,,
Muskegon,Ml49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee




G:\EDSI\FILES\00100\042602\DEEO_ QUI\BJ4156.DOC
                                      DEVELOPMENT AGREEMENT
                                 CITY OF MUSKEGON RENAISSANCE ZONE


       THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49441 C'C~") and SCHULTZ
TRANSPORT, INC., a       ·'.9      corporation, of ,di'/{) tj/4 S/.,5$96;
                                                                       1 7 ,i. £/, ,
Muskegon Heights, Michigan (49441) ("Company"). /-t<.r,.;t', d:,,;,;-S

                                                               Recitals:

       A.      The City has established a Renaissance Zone. The Company desires to acquire
property within the Renaissance Zone. The City deems this Agreement to constitute a necessary
element in the City's determination regarding the location of Company in the Renaissance Zone.

        B.      The Company intends to acquire real property, construct a building and re-locate
its business into a Renaissance Zone. The Company understands that the City relies upon the
assurances of the Company in this Agreement as an inducement to sell certain real property.

     NOW THEREFORE THE PARTIES, INCORPORATING THE ABOVE RECITALS,
AGREE:

      I.     DOCUMENTS ATTACHED. Included in this Agreement are the following
documents which have been collected and relied upon by the parties:

                   1.1     Exhibit containing Site/Building requirements for this project applying
           Article VII of the Development Agreement Policy.

                      1.2       Real Estate Purchase Agreement.

       2.       COMPANY AGREEMENT. The Company agrees to the following commitments
which it shall perform in a timely and reasonably acceptable manner:

                 2.1    Execution of the Real Estate Purchase Agreement attached as Exhibit A,
          simultaneously with execution of this agreement, and delivery of both to the City.

                  2.2    Construction of buildings as indicated in Exhibit B subject to review and
          modification by the City Planning Commission and/or City Commission. The design and
          landscaping of the site shall be subject to the approval of the City, which shall reasonably
          apply its zoning, site plan and other land use requi:~ments. , /

                  2.3   The investment in the amount o~                         ),;rt1i,•i'f 'h/4l(ll'lll/Dollars ($;¥.@0)
          (the "Investment Objective").                                                                          '



S:\Planning\COMMON\Econ. Dev\Property Sales\Seaway Industrial Park\lot #9\Schultz dev. agreement.doc
                                                                     I
                    2.4     The creation of at least two jobs (the "Employment Objective") within the
           first three (3) years of operation. This number will include the transfer of jobs from other
           municipalities. Transferred jobs from another location in the City will be counted, but
           limited to one transferred job within the City per one new job.

                  2.5   The closing of the purchase of the properties described in the Real Estate
           Purchase Agreement (the "Properties").

                  2.6     Cooperation with City representatives to supply all requested and required
           documentation necessary in the City's reasonable judgment to determine compliance with
           the undertakings set forth in this Agreement and its attachments.

                   2. 7   The Company shall take all required precautions to avoid the release of
           any hazardous substance in violation of any environmental law on its premises, and shall
           report any releases to the appropriate authority in a timely and complete manner as
           required by law, providing copies of said documentation to the City. Subject to its rights
           to contest any proposed orders and actions, the Company shall comply with all orders and
           actions of any governmental agency having authority.

                  2.8    During the entire period for which the Renaissance Zone is in effect, the
           Company shall maintain the improvements so as to minimize physical or functional
           obsolescence.

        3.     Governing Law. This Agreement shall be construed and enforced in accordance
with the Laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan, and in particular the Renaissance Zone Act of the State, as amended.

       4.     Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.

        5.      Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives. The Company shall have the
right to assign this Agreement subject to the consent of the City. Except as so provided, there is
no third party beneficiary intended upon the execution of this Agreement.




S:\Planning\COMMON\Econ. Dev\Properly Sales\Seaway Industrial Park\Lot #9\Schultz. dev. agreement.doc
                                                                     2
         6.     Invalidity. In the event any provision of this agreement is declared invalid by a
court or tribunal having competent jurisdiction, the remainder of the agreement shall remain in
full force and effect.


                                                                CITY OF MUSKEGON,
                                                                a municipal corporation


                                                                By        {JJ,,J1wvni              ctf:(/1/)(t)
                                                                      Stephen J. Warmington, Mayor
                                                                      4.l,·11 ;tt/"1 La ,~sqr, 1    Viet!.-: /7/V'or


                                                                and         ~ i . xi
                                                                            v\             -c·
                                                                                  ·1"'-c.v,J,Lv,~J
                                                                       Gai'l A. Kundinger, MMC, Clerk'·


                                                                Dated: _ _ _ _ _ _, 2004


                                                                SCHULTZ TRANSPORT, INC.,
                                                                a-~""~·"---- Corporation

                                                                 '\          -·· ,;·· --
                                                                B y--.,.c,::.::~ . ,
                                                                  (       ~ e s Schultz,



                                                                 Dated: t'.f- .2.,0 ✓        ·         , 2004
                                                                              '




S:\Planning\COMMON\Econ. Dev\Property Sales\Seaway Industrial Park\Lot #9\Schultz dev. agreement.doc
                                                                      3
DATE:        April 19, 2004

TO:          Honorable Mayor and City Commissioners

FROM:        Robert B. Grabinski, Deputy Director of Public Safety

Re:          Concurrence with the Housing Board of Appeals Notice & Order to
             Demolish. Dangerous building case #EN-040025-Address: 1381
             Seventh.

SUMMARY OF REQUEST:                This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1381 Seventh is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: #EN-040025- 1381 Seventh.

Location and ownership: This structure is located on Seventh Street between
Merrill and Monroe and is owned by Chase Manhattan Bank, Houston, Texas.

Staff Correspondence: A dangerous building exterior inspection report was
written 2/2/04 and notice and order to repair or remove was issued 2/3/04. An
interior inspection was conducted 2/26/04. On 3/4/04 the HBA declared the
structure substandard and a dangerous building.

Owner Contact: A local realtor called and scheduled the interior inspection and
stated he would be at the HBA meeting 3/4/04, but he was not there. There has
been no contact since the interior inspection.

Financial Impact:    CDBG funds

Budget Action Required:      None

SEV: $15,000

Staff Recommendation:        To concur with the Housing Board of Appeals
decision to demolish.

Estimated Cost of Repairs:          $25,000

City Commission Recommendation:          The Commission will consider this item
at it's meeting on Tuesday, April 27, 2004.
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                          1381 Seventh

                                               2/2/04


Inspection noted:

1.      An interior inspection is required by all trade inspectors (plumbing, mechanical,
        electrical and building) before any permits or certificates of occupancy will be
        issued.

2.      Foundation damage -rotted rim joist, block wall failure.

3.      Front porch pulling away from home - unstable.

4.      Rotted fascia - soffit siding - replace.

5.      Broken out windows - home is open at side door.

6.      Entire home in need of paint, siding, window frames.

7.      All work requires construction permits. These permits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1381 Seventh-ext .doc
                           CITY OF MUSKEGON
                  DANGEROUS BUILDING INSPECTION REPORT
                               1381 Seventh
                         (INTERIOR INSPECTION)
                                  2/26/04


Inspection noted:

1.       Furnace to be replaced.
2.       Tub/shower valve to be replaced.
3.       Space heater improperly installed.
4.       2nd floor water piping needs to be replaced.
5.       Chimneys need liners installed.
6.       Gas piping to be pressure tested.
7.       Water piping to be pressure tested.
8.       Foundation wall repair required.
9.       All floor joists must support required loads, spans and column support. Notches
         not allowed.
10.      Rafter damage - repair/replace.
11.      Upper stairway - riser - treads - handrail, guardrail must meet Michigan
         Residential Code requirements.
12.      Walls, ceilings, floors require repair/replacement.
13.      Kitchen counters not served by outlets.
14.      Light fixtures improperly wired and incomplete.
15.      Smoke detectors required per code.
16.      Ungrounded 3 wire outlets.

Note: Wiring a combination of knob & tube, romex and A/C cable. Should be replaced.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.



HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1381 Seventh-
interior.doc
DATE:        April 19, 2004

TO:          Honorable Mayor and City Commissioners

FROM:        Robert B. Grabinski, Deputy Director of Public Safety

Re:          Concurrence with the Housing Board of Appeals Notice & Order to
             Demolish. Dangerous building case #EN-040026-Address: 1317
             Seventh.

SUMMARY OF REQUEST:                This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1317 Seventh is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: #EN-040026- 1317 Seventh.

Location and ownership: This structure is located on Seventh Street between
Houston and Monroe and is owned by Option One Mortgage, Irvine, California.

Staff Correspondence: A dangerous building exterior inspection report was
written 2/2/04 and notice and order to repair or remove was issued 2/3/04. On
3/4/04 the HBA declared the structure substandard and dangerous.

Owner Contact: There has been no contact from the mortgage company.

Financial Impact:   CDBG funds

Budget Action Required:      None

SEV: $16,700

Staff Recommendation:        To concur with the Housing Board of Appeals
decision to demolish.

Estimated Cost of Repairs:          $4,000 plus the cost of interior repairs.

City Commission Recommendation:          The Commission will consider this item
at it's meeting on Tuesday, April 27, 2004.
                                    CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                          1317 Seventh

                                              2/2/04


Inspection noted:

I.      An interior inspection is required by all trade inspectors (plumbing, mechanical,
        electrical and building) before any permits or certificates of occupancy will be
        issued.

2.      Home semi-boarded, numerous broken windows.

3.      Front porch needs structural repair to foundation, columns failing, decking.

4.      Siding is not protected from weather exposure, rotting at bottom.

5.      Antenna collapsed on roof.

6.      Fascia - soffit - scrape and painting needed.

7.      Replace roof covering.

8.      All work requires construction permits. These permits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\1317 Seventh-ext .doc
1317   ~h:..J~\._____         a//9 /~,+_
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tat   <L~   '>'\T'J_~rii._    'Fo.h-' J::;1\Tfo,,_:]
fsro~i..~     c)'--L"   ~ ~\.Jce1~ ~.
DATE:        April 19, 2004

TO:          Honorable Mayor and City Commissioners

FROM:        Robert B. Grabinski, Deputy Director of Public Safety

Re:          Concurrence with the Housing Board of Appeals Notice & Order to
             Demolish. Dangerous building case #EN-030174-Address: 637
             Amity.

SUMMARY OF REQUEST:                  This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 637 Amity -Area 11 is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: #EN030174-637 Amity.

Location and ownership: This structure is located on Amity between Scott and
Kenneth and is owned by Gustav Buchholz. The house was been damaged by
fire in 2002 and the city holds $6437 in escrow until the repairs are completed or
demolition occurs.

Staff Correspondence: The owner was notified by the Fire Marshal on 6/12/02 of
the insurance money being deposited in escrow. A board up notice was issued
3/11/02 and 4/21/03. A dangerous building inspection report was written
11 /20/03 and Notice and Order to repair or remove was issued 12/3/03. On
1/8/04 the HBA declared the house substandard and dangerous.

Owner Contact: The owner (at that time Jeanette Casson) was present at the
1/8/04 HBA meeting with a potential buyer (Gustav Buchholz) of the property
who stated he intends to repair and live in the house. They were told at that time
that even though the house was being declared, they would have 30 days in
which the potential owner could bring in proof of ownership, schedule an interior
inspection and submit a timetable for repairs. Mr. Buchholz scheduled an interior
inspection for 1/29/04, but had to cancel and reschedule for personal reasons.
The interior inspection was scheduled for 2/20/04. That inspection was also
canceled and rescheduled for 2/24/04. This case had been scheduled to go
before the City Commission on 2/24/04, but was removed from the agenda when
the interior inspection was conducted. The owner was notified that permits had
to be pulled by 3/31/04, 30 day progress inspections, and a completion date of
9/1/04. On 4/5/04 Mr. Buchholz applied for a building permit, but disagreed with
the value of $40,000 for repairs and did not take the permit out. He stated he
would be back within a week and bring in estimates from his contractors to show
what he believed to be the real value for the building permit. He was told at that
time that he was already beyond the deadline date for pulling a permit and we
could not promise him that in another week he would still be allowed to pull the
permit. He left and came back 4/15/04 and dropped off estimates from a
Wyoming building contractor for all of the work to be completed.

Financial Impact:   The cost of demolition will be paid with money that is
escrowed.

Budget Action Required:      None

SEV: $21,200

Staff Recommendation:        To concur with the Housing Board of Appeals
decision to demolish.

Estimated Cost of Repairs:          $40,000

City Commission Recommendation:          The Commission will consider this item
at it's meeting on Tuesday, April 27, 2004.
                                   CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                            637 Amity

                                             11/20/03


Inspection noted:

1.      Windows broken & boarded.

2.      Door broken and boarded.

3.      Extensive fire damage to 2nd floor.

4.      Extensive water damage to 1st floor.

5.      Interior inspection with building, plumbing, mechanical, and electrical inspectors
        required.

6.      All work requires construction permits. These permits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKl, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity-
Exterior.doc
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                         637 Amity
                                          2/24/04
                                  (INTERIOR INSPECTION)



Inspection noted:


1.      2 nd Floor entirely gutted by fire.
2.      Open splices and knob & tube wiring.
3.      Wiring is deteriorated.
4.      All wiring to comply with Michigan Residential Code.
5.      2 nd floor plumbing to be replaced.
6.      Chimney needs repair and liner installed.
7.      Waste & vent in basement installed without permit.
8.      Furnace to be tested and certified safe.
9.      Ductwork needs cleaning.
10.     Gas piping needs to be pressurized and tested.
11.     Water heaters need replacing.
12.     Water piping painted and needs to be replaced. Galvanized need repair.
13.     Replace all damaged roof covering - sheathing, rafter - joist upper.
14.     All handrails, guardrails, exterior & interior need to be replaced to code.
15.     Back stairway - roof - landings - must be rebuilt to code - structural
        failure.
16.     Scrape and paint all exterior.
17.     Replace soffit - fascia damage.
18.     Floor joist cut in basement - must be resupported to bearing.
19.     All damaged wall, ceiling, flooring to be replaced per code.
20.     Foundation wall requires repair.
21.     Smoke alarms required per code Sec. 317. - hardwired w/battery back up.
22.     Support basement stairs with proper column support and frame floor
        opening per MRC 2000 sec. R502.10.
23.     Encapsulate all interior smoke damage.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.


HENRY FALTINOWSKI, BUILDING INSPECTOR                                       DATE



C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity-interior.doc
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