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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 28, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
ROLL CALL:
HONORS AND AWARDS:
a. Violence Awareness Week in Muskegon.
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. FIRST READING: Zoning Ordinance Amendment to Add a Medical
Care (MC) District to the Ordinance. PLANNING & ECONOMIC
c. Disclosure of Potential Conflict of Interest under CDBG Community
Development Block Grant Program. COMMUNITY &
d. Resolution to Sell 1838 Jarman. COMMUNITY & NEIGHBORHOOD
SERVICES
e. Resolution Authorizing Computerized Tax Roll. TREASURER
f. Bond Authorizing Resolution 2003 Public Improvement Bonds.
FINANCE
PUBLIC HEARINGS:
a. The Conducting of a Public Hearing in Regards to the 2003-2004
Community Development Block Grant and HOME Fiscal year.
COMMUNITY & NEIGHBORHOOD SERVICES
b. Spreading of the Special Assessment Roll for Houston, First to Third.
ENGINEERING
c. Spreading of the Special Assessment Roll for Washington, Division
to Franklin. ENGINEERING
d. Spreading of the Special Assessment Roll for Division, Southern to
Western. ENGINEERING
COMMUNICATIONS:
a. Letter from Jeffery Bean
NEW BUSINESS:
a. FIRST READING: Zoning Ordinance Amendments for Downtown
Parking. PLANNING & ECONOMIC DEVELOPMENT
b. Sale of Buildable Vacant Industrial Property at 600 W. Grand
Avenue. PLANNING & ECONOMIC DEVELOPMENT
c. Construction Agreement with CSX. ENGINEERING
CLOSED SESSION: To discuss pending litigation.
City of Muskegon
State of Michigan
Resolution
WHEREAS, beginning on Valentines Day Fr iday, February 14, 2003 and
continuing through Saturday, February 22, 2003 has been
designated as Violence Awareness Week in Muskegon; and
WHEREAS, V-Day is a global movement whose funding creates and
nurtures innovative programs to stop the worldwide violence
against women and girls, including rape, batte~ncest, f-e1mrle
g~nital mutilation and sexual slavery; and __..,,
WHEREAS, All funds will go to Every Woman 's Place, Region Four
Women' s Shelter and Rape Crisis Center, and the Dating
Violence Youth Education Program; and
WHEREAS, V-Day Muskegon will kick off the week of fund raising with a
"\L~ m~ \ f ag.i--l½a" Happy Hour at the Hilt
Building, and end the week with a performance of Eve Ensler' s
"The Vagina Monologues"; and
NOW, THEREFORE, the City Commission hereby proclaims the week of
February 14, 2003 as Violence Awareness Week in Muskegon
and urge all citizens to support generously this most worthy
effort by attending and enjoying the planned activities.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal
of the City of Muskegon to be affixed this 28th day of January,
2003 .
Steve Warmington, Mayor Karen Buie, Vice Mayor
Stephen Gawron, Commissioner Bill Larson, Commissioner
Clara Shepherd, Commissioner Lawrence Spataro, Commissioner
Robert Schweifler, Commissioner
Date: January 28, 2003
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, January 13, 2003; and the
Regular Commission Meeting that was held on Tuesday, January 14,
2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 28, 2003
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 5:30pm, Tuesday, January 28, 2003.
Mayor Warmington opened the meeting with a prayer from Pastor Michael Phelps of
Muskegon Apostolic Tabernacle, after which members of the City Commission and members
of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Commissioners Stephen Gawron, William Larson,
Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City
Attorney John Schrier and City Clerk Gail Kundinger. Excused was Vice-Mayor Karen Buie.
2003-07 HONORS AND AWARDS:
a. Violence Awareness Week in Muskegon.
Mayor Stephen Warmington read the Resolution to the public.
2003-08 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, January 13, 2003; and the Regular Commission Meeting that was held
on Tuesday, January 14, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Zoning Ordinance Amendment to Add a Medical
Care (MC) District to the Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the ordinance to amend the zoning ordinance
to create a Medical Care District that more adequately accommodates hospital
campuses in the city.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as
described above.
COMMITTEE RECOMMENDATION: After Planning Commission and Hospital staff review
and some modification, the Planning Commission recommended approval of the request
at their meeting on 1/ 16/03. The vote was unanimous with Veltkamp and Warmington
absent.
c. Disclosure of Potential Conflict of Interest under CDBG Community
Development Block Grant Program. COMMUNITY ft NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: Under Community Development Block Grant regulations,
potential conflicts of interest must be disclosed to the public prior to requesting a
waiver from HUD. Donna Baker of 567 Leonard, has applied for CDBG assistance under
the City's Vinyl Siding Program. Ms. Baker is the Mother of Pat Bice who works at the
Public Works Building. The City Attorney has determined that no conflict of interest is
present in this case; however, this must be disclosed to the public before any further
action can be taken.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The legal opinion of the City Attorney must be kept on file
with the City Clerk for future public review. If the public can present no evidence to
support a potential conflict, a request for a Conflict of Interest waiver may be
forwarded to HUD for approval.
d. Resolution to Sell 1838 Jarman. COMMUNITY ft NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the resolution to sell the city owned house at 1838
Jarman.
The house at 1838 Jarman was obtained by the City of Muskegon from the U.S. Housing
and Urban Development department through the "Good Neighbor" Program for $1.00.
The house has since been totally rehabilitated by the City of Muskegon with HOME funds
and being sold at the market price of $46,000 to Ms. Cassandra Ross.
FINANCIAL IMPACT: The program income derived from the sale will be deposited in the
City's HOME account.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and the sale of 1838 Jarman to Ms.
Ross.
e. Resolution Authorizing Computerized Tax Roll. TREASURER
SUMMARY OF REQUEST: To approve the resolution authorizing the use of a computerized
database as the tax roll.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
f. Bond Authorizing Resolution 2003 Public Improvement Bonds.
FINANCE
SUMMARY OF REQUEST: The City is in the midst of an aggressive citywide sidewalk
improvement program. To finance the up front costs, it is necessary to issue public
improvement bonds. These bonds will be paid from special assessments levied against
benefiting property owners. Previously the Commission adopted a Notice of Intent
Resolution which notified citizens of the City's intent to borrow and allowed for a 45·
day period during which petitions could be filed to force a referendum on this bond
issue. The 45-day period has elapsed with no petitions being filed and the next step in
the bonding process is adoption of the bond authorizing resolution.
FINANCIAL IMPACT: The resolution authorizes the City to borrow $1,575,000. This
amount is sufficient to finance the final three years of the sidewalk program. Bonds
will be paid from special assessments over 13 years and will carry, as a secondary
pledge, the City's limited full faith and credit. This means that if special assessment
income falls short of the amount needed to make annual debt service payments, the
City's General Fund will be required to make up the shortfall.
The full financial impact will not be known until bonds are sold and interest rates
determined. Bonds are scheduled for sale on Tuesday, February 25 th and the results will
be brought to the City Commission that same evening for award.
BUDGET ACTION REQUIRED: None at this time. The annual debt service costs will be
budgeted in future years as well until the bonds are retired (2016).
STAFF RECOMMENDATION: Approval of the bond authorizing resolution.
Motion by Commissioner Schweifler, second by Commissioner Gawron to approve the
Consent Agenda.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Gawron, Larson, Warmington
Nays: None
Absent: Buie
MOTION PASSED
2003-09 PUBLIC HEARINGS:
a. The Conducting of a Public Hearing in Regards to the 2003-2004
Community Development Block Grant and HOME Fiscal year.
a
COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a Public Hearing to solicit comments from the public
in regards to the anticipated 2003-2004 City of Muskegon's Community Development
Block Grant funding estimated at $1,326,000 and HOME funds estimated at $327,000.
After the Commission has gathered comments from the public, the Commission is asked
to accept the proposal packets supplied and direct the CNS staff to continue with the
consolidated planning process.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To accept comments and direct staff to continue the
consolidated planning process.
The Public Hearing opened at 5:38 to hear and consider any comments from the public.
No comments were heard.
Motion by Commissioner Larson, second by Commissioner Schweifter to close the
public hearing at 5:46 and direct CNS staff to continue with the consolidated
planning process for the anticipated 2003-2004 City of Muskegon's Community
Development Block Grant funding.
ROLLVOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson, Shweifler
Nays: None
Absent: Buie
MOTION PASSED
b. Spreading of the Special Assessment Roll for Houston, First to Third.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Houston, First to Third, and to adopt the resolution confirming the
special assessment roll.
FINANCIAL IMPACT: A total of $13,939.06 would be spread against the fifteen-(15)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:47 to hear and consider any comments from the public.
No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close the
Public Hearing at 5:48 and to approve the spreading of the special assessment for
Houston, First to Third, and to adopt the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, Schweifler, Shepherd
Nays: None
Absent: Buie
MOTION PASSED
c. Spreading of the Spedal Assessment Roll for Washington, Division to
Franklin. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Washington Ave., Division to Franklin, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $67,521.52 would be spread against the twenty nine-(29)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:49 to hear and consider any comments from the public.
No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Schweifler to close the
Public Hearing at 5:50 and to approve the spreading of the special assessment for
Washington, Division to Franklin, and to adopt the resolution
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
Absent: Buie
MOTION PASSED
d. Spreading of the Special Assessment Roll for Division, Southern to
Western. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Division, Southern to Western, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $44,658.54 would be spread against the twenty seven-(27)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:51 to hear and consider any comments from the public.
No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Larson to close the Public
Hearing at 5:53 and to approve the spreading of the special assessment for Division,
Southern to Western, and to adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
Absent: Buie
MOTION PASSED
2003-10 COMMUNICATIONS:
a. Letter from Jeffery Bean
Mayor Warmington asked that a letter dated January 24, 2003 from Jeffery Bean of 1845
Hudson St., Muskegon, Ml, 49441 be entered into the minutes.
2003-11 NEW BUSINESS:
a. FIRST READING: Zoning Ordinance Amendments for Downtown
Parking. PLANNING &. ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the parking standards of the Zoning
Ordinance in order to create an overlay district, which permits more flexibility in
parking requirements for the downtown and lakeshore.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as
described above.
COMMITTEE RECOMMENDATION: After some modifications to the originally proposed
language, the Planning Commission recommended approval of the request at their
meeting on 12/12/02. The vote was unanimous.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
amendment of the parking standards of the Zoning Ordinance.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
Absent: Buie
MOTION PASSED
b. Sale of Buildable Vacant Industrial Property at 600 W. Grand
Avenue. PLANNING ft ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant industrial property at 600 W.
Grand Avenue [designated as parcel number 24·205-410-0010-00 described as: (See
Attachment)] to Competitive Edge Wood Specialties of 636 W. Grand Ave., Muskegon,
Ml. The parcel is .33 acres and is being offered for $5,000. The appraised value of the
lot is $6,600, but because of its odd shape (see attached map) and a previous verbal
agreement, it is being offered for $5,000 to Competitive Edge. (Under the verbal
agreement, the City agreed to pay for the title commitment and Competitive Edge paid
for the survey. Since the cost of the survey exceeds the price of the title commitment
by over $2,800, the City agreed to lower the price of the property.) A 16ft. Easement
will be retained along the eastern boundary for possible future Lakeshore Trail
development.
FINANCIAL IMPACT: The sale of this parcel 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.
Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the
sale of a vacant industrial property at 600 W. Grand Ave. to Competitive Edge Wood
Specialties of 636 W. Grand Ave., Muskegon Ml., and have the Mayor and Clerk sign
resolution.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Gawron
Nays: None
Absent: Buie
MOTION PASSED
c. Construction Agreement with CSX. ENGINEERING
SUMMARY OF REQUEST: Enter into a construction agreement with CSXT by authorizing
the mayor to execute the agreement. Under said agreement, CSX will perform the
following tasks;
1. Tie-ins of new tracks
2. Railroad flagging
3. Installation of grade crossing
4. Construction inspection
5. Order and delivery of new rails (this was authorized 6/11 /02)
The not to exceed cost of the above stated tasks is estimated @ $548,307 of which
$72,439.44 (cost of the rails) had already been approved.
FINANCIAL IMPACT: The estimated cost of $575,181.
BUDGET ACTION REQUIRED: None at this time. The cost is expected to be a part of the
grant from MOOT.
STAFF RECOMMENDATION: Approve the contract with CSXT.
Motion by Commissioner Larson, second by Commissioner Schweifler to approve the
construction agreement with CSXT and authorize the Mayor to execute the
agreement.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Gawron, Larson
Nays: None
Absent: Buie
MOTION PASSED
2003-12 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Schweifler, second by Commissioner Gawron to close the
regular session at 6:07 and go into closed session to discuss pending litigation and
land acquisition.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson, Schweifler
Nays: None
Absent: Buie
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Schweifler to go into
open session at 7:20.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, Schweifler, Shepherd
Nays: None
Absent: Buie
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Larson to authorize City
Attorney to go ahead with consent judgement.
ROLL VOTE: Ayes: Warmington, Larson, Schweifler, Shepherd, Spataro
Nays: None
Absent: Buie, Larson
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:22pm.
Respectfully submitted,
Gail Kundinger, MMC
Commission Meeting Date: January 28, 2003
Date: January 17, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developm~
RE: Zoning Ordinance Amendment to add a Medical Care (MC) District to the
ordinance. ~ r-- ~ . _J J .... J _.c;.. 11-.
r I rs;,; ';fr/E'tf;fl_Cb,.tf1r - jJL-vr o-n ~J
SUMMARY OF REQUEST:
Request to amend the ordinance to amend the zoning ordinance to create a Medical Care District
the more adequately accommodates hospital campuses in the city.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
After Planning Commission and Hospital staff review and some modification, the Planning
Commission recommended approval of the request at their meeting on 1/16/03. The vote was
unanimous with Veltkamp and Waimington absent.
1/17/2003
Commission Meeting Date: January 28, 2003
Date: January 28, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Disclosure of Potential Conflict of Interest Under
CDBG Community Development Block Grant
Program
SUMMARY OF REQUEST: Under Community Development Block
Grant regulations, potential conflicts of interest must be disclosed to the
public prior to requesting a waiver from HUD. Donna Baker of 567
Leonard, has applied for CDBG assistance under the City's Vinyl Siding
Program. Ms. Baker is the Mother of Pat Bice who works at the Public
Works Building. The City Attorney has determined that no conflict of
interest is present in this case; however, this must be disclosed to the
public before any further action can be taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The legal opinion of the City Attorney
must be kept on file with the City Clerk for future public review. If the
public can present no evidence to support a potential conflict, a request
for a Conflict of Interest waiver may be forwarded to HUD for approval.
COMMITTEE RECOMMENDATION: Not Applicable
PARMENTER O'TOOLE
Attorneys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866or231.728.2206
www.Parmenterlaw.com
December 10, 2002
Ms. Ardyce Haken
Housing Counselor
Community & Neighborhood Services
City of Muskegon
P.O. Box 536
Muskegon, MI 49443-0536
Re: Donna Baker
Dear Ms. Haken:
In response to your letter of December 4, 2002, the following opinion is provided.
Your letter indicates that Donna Baker is the owner of property located at 567 Leonard, and has
applied for funding for vinyl siding assistance through the Community and Neighborhood
Services Department. While Ms. Baker is related to Pat Bice, a city employee, you have
indicated that Ms. Bice does not have any interest in the property subject to the improvement.
As a city employee, Ms. Bice does not participate in allocating federal grants to programs. Ms.
Bice is not in a position to increase or decrease the amount of money to be spent on vinyl siding
assistance. Ms. Bice is not in a position to insure that monies are spent on the property owned by
Ms. Baker, as that is a staff decision from another City department.
While the state has adopted the Contracts for Public Entities Act, which generally regulates
contracts between governmental entities and public servants and officials, the Act is not
applicable in this case. Ms. Bice does not have an interest in the property, which would be
benefited by the monies. In the absence of such, the Contracts for Public Entities Act would not
prohibit or restrict, in any means, such a contract. No other state law is applicable.
The federal regulations provide that:
No person who is an employee ... of the grantee ... that receives rental
rehabilitation grant amounts and who exercises ... any functions or
responsibilities with respect to assisted rehabilitation activities, or who is in a
position to participate in a decision-making process ... with regard to such
activities, may obtain a personal or financial interest or benefit from the activities,
or have an interest in any contract, sub-contract or agreement with respect thereto,
or the proceeds thereunder, either for themselves or those with whom they have
family ... ties ....
G:\EDSI\FILES\00100\1719\LTR\AM961 B.DOC
24 CPR 511.12(a). The operative prohibition is that relating to "family ties." As such, there may
be a conflict.
I agree with staff that this warrants a waiver. Ms. Bice will not personally benefit from the grant.
The benefit is provided to anyone, subject to budget constraints, who applies. Ms. Baker is
intended to be the beneficiary of the program, and will receive, generally, the same benefit as is
made available to others. Failure to provide the benefit to Ms. Baker will impose an undue
hardship on her. 1
If you have any further questions or concerns, please feel free to contact me.
s,
C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
JCS/jey
G:IEDSI\FILES\00100\1719\LTR\AM9616.00C
December 4, 2002
Mr. John Schrier, City Attorney
Parmenter, O'Toole
P.O. Box786
Muskegon,MI49443-0786
Dear Mr. Schrier:
I am requesting a legal op1mon regarding a potential Conflict of Interest under the Community
Development Vinyl Siding Program. Under CDBG regulations, if the potential for conflict exists related to
the use of grant funds, the City must request a waiver of federal Conflict of Interest policies from HUD.
Prior to requesting such a waiver, we must obtain a legal opinion which supports the waiver and the
potential conflict must be publicly disclosed.
The CNS Department has received an application for vinyl siding assistance from Ms. Donna M. Baker of
567 Leonard Street. Ms. Baker has a daughter, Ms. Pat Bice, who is employed by the City of Muskegon's
Public Works Department. Therefore, this falls under the Conflict of Interest Policy.
It is staffs position that this application merits a waiver of the Conflict of Interest provisions for the
following reasons:
I. Ms. Baker is a low-income (60%) homeowner who qualifies for assistance. Without CDBG
assistance Ms. Baker would be unable to install vinyl siding on her home. The wood siding
on Ms. Baker's house has been painted by our department in the past and will no longer hold
the paint. This would be an undue burden on Ms. Baker which is contrary to the intent of the
CDBG program. Ms. Baker otherwise has met all of the requirements of the program.
2. Ms. Baker's daughter is the Administrative Services Supervisor-DPW of the Public Works
Department and, therefore, administers the Senior Transit Service which is funded by the
CNS Department. Ms. Bice is not involved in establishing any of the rules that govern the
Vinyl Siding Program.
Based on your opinion, I will notify Ms. Baker about proceeding with public disclosure.
Thank you for your assistance.
Sincerely,
Ardyce G. Haken
Housing Specialist
Community & Neighborhood Services
Commission Meeting Date: January 28, 2003
Date: January 21, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Resolution to Sell 1838 Jarman
SUMMARY OF REQUEST: To approve the attached resolution to sell
the city owned house at 1838 Jarman.
The house at 1838 Jarman was obtained by the City of Muskegon from
the U. S. Housing and Urban Development department through the
"Good Neighbor" program for $1.00. The house has since been totally
rehabilitated by the City of Muskegon with HOME funds and being sold
at the market price of $46,000 to Ms. Cassandra Ross.
FINANCIAL IMPACT: The program income derived from the sale will be
deposited in the City's HOME account
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and the sale of
1838 Jarman to Ms. Ross.
COMMITTEE RECOMMENDATION: None
2003-08 (d)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 1838 Jarman
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and its housing stock;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership for
its low and moderate-income residents throughout its neighborhood;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the newly rehabilitated single family home located at 1838
Jarman to Cansandra Ross for the price of $46,000.
Adopted this 21 st day of January, 2003
Ayes: 6
Nays: O
J\bsent: 1
By -J:~~~~____!_!~ ~ ~ ~ ~ L
Gail A. Kundinger, City Clerk
CR_ Resoh1lio11
CERTIFI CATION
2003-08 (d)
This resolution was adopted at a regular meeting of the City Commission, held on
September 10, 2002. 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
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Commission Meeting Date: January 28, 2003
Date: January 22, 2003
To: Honorable Mayor and City Commissioners
From: City Treasurer
RE: Resolution Authorizing Computerized Tax Roll
SUMMARY OF REQUEST:
To approve the attached resolution authorizing the use of a
computerized data base as the tax roll
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
NIA
3944 (7-97), page3
PART 6: LOCAL UNIT CERTIFICATIONS - Computerized Tax Roll Application
We declare that the city or township named below, which we are authorized to represent, has the capacity to enable it to comply
with the requirements and that it will comply with the requirements of Act 112 of 1990, as amended. We understand that this
certification must be reaffirmed to the State Tax Commission every three years after approval by the State Tax Commission.
City or Township, County Name City or Township Treasurer's Signature
Treasurer
Assessing Officer's Signature
Assessing Officer
Include a separate certification sheet for each local unit which will be using this computerized database system as its tax roll.
MUSKEGON COUNTY
990TERRACE STREET, P.O. BOX 177, MUSKEGON, MICHIGAN 49443
(231) 724-6261 • FAX (231) 724-6549
M C H G A N TREASURER'S OFFICE
JANA.KOENS
Treasurer
interoffice RECEIVED
MEMORANDUM --------------------- ----
,:,,,': 1 r'. ?00~
to: All Local Unit Treasurers CITY OF MUSI\EGON
TRl(ASUREH'S OFFlC'."
from: Dan Joslyn
subject: MISCELLANEOUS ITEMS
date: December I 0, 2002
At our last Treasurer's meeting, we discussed a number of items, among them the request by the
State Tax Commission for Computerized Tax Roll Certification, Defern1ent of Summer Taxes, and
the use of email to send periodic tax roll backups to the county. I have enclosed various documents
pertaining to these issues.
There are two forms for the Ce1tification. One is a sample resolution that you will need to take to
I
your board for authorization. The second is a declaration to be signed by the Treasurer and Assessor.
If you have already completed the declaration (Pait 6) and returned it to me, you can ignore it. There
may be other requirements to be met at some point, but I would like to have these assimilated within
the next couple of months.
Also enclosed is the Application For Deferment of Summer Taxes. This form must be filed each
year by a qualifying taxpayer and no later than September 14, the day before the penalty takes effect.
The fourth enclosure contains brief instructions for those treasurers who have the capability to
transmit backups of the tax roll via the Internet/email. If you have the capability, please give it a try
so we can determine whether this is a efficient means to transfer the data on a regular basis. If you
do not have email, but have a CD burner, backing up to a CD is a more desirable option than
diskette. However, I have no problem continuing to use diskettes as a media source if this is all you
have to use. If you have questions with regard to the instructions, Suzie (City of Montague) is happy
to help you get staiied.
The last enclosure is an example of a notice that several units sent to their mmigage, escrow, and tax
service companies. Due to the continued and seemingly ever increasing problems with these entities,
some treasurers have decided to institute a "get tough" policy with them. There is really no reason
that these companies cannot adhere to the rules fomrnlated in this notice. Feel free to utilize it as is
or modify it to your specifications.
Thanks to each one of you for your continued patience and willingness to work so well with me this
year. I appreciate it and wish you all a Merry Clu·istmas.
Dan
H::WPDATA\JOSLYN\MEMOS\Misc issues Dec JO, 2002.wpd
Date: January 28, 2003
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Bond Authorizing Resolution 2003 Public Improvement Bonds
SUMMARY OF REQUEST: The City is in the midst of an aggressive citywide
sidewalk improvement program. To finance the up front costs, it is necessary to issue public
improvement bonds. These bonds will be paid from special assessments levied against
benefiting property owners. Previously the Commission adopted a Notice of Intent
Resolution which notified citizens of the City's intent to borrow and allowed for a 45-day
period during which petitions could be filed to force a referendum on this bond issue. The 45-
day period has elapsed with no petitions being filed and the next step in the bonding process
is adoption of the attached bond authorizing resolution.
FINANCIAL IMPACT: The attached resolution authorizes the City to borrow
$1,575,000. This amount is sufficient to finance the final three years of the sidewalk program.
Bonds will be paid from special assessments over 13 years and will carry, as a secondary
pledge, the City's limited full faith and credit. This means that if special assessment income
falls short of the amount needed to make annual debt service payments, the City's General
Fund will be required to make up the shortfall.
The full financial impact will not be known until bonds are sold and interest rates determined.
Bonds are scheduled for sale on Tuesday, February 25t1i and the results will be brought to the
City Commission that same evening for award.
BUDGET ACTION REQUIRED: None at this time. The annual debt service costs
will be budgeted in future years as well until the bonds are retired (2016).
STAFF RECOMMENDATION: Approval of the attached bond authorizing resolution.
COMMITTEE RECOMMENDATION: None.
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller Detroit • Grand Rapids
MILLER Howell• Kalamazoo
Lansing • Monroe • Troy
CANFIELD
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
New York, NY
Pensacola, FL
Washington, DC
CANADA: Windsor, ON
JOELL, PIELL 150 West Jefferson, Suite 2500 POLAND: Gdynia
TEL: (313) 496-7518 Detroit, Michigan 48226 Katowice • Warsaw
FAX: (313) 496-8450
E-MAIL: piell@millercanlicld.com
TEL: (313) 963-6420
FAX: (313) 496-7500
www.millercanfield.com
January 22, 2003
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536 Via Email
Dear Tim:
Please find herewith enclosed a revised bond resolution which changes the bonds
to non-QTE bonds as per your suggestion.
Should you have any questions concerning this, please let me know.
Very tmly yours,
MILLER, CANFIELD, PAD DOCK AND STONE, P .L.c.
By:-------------------
Joel L. Piell
Enclosure
cc: WaITen M. Creamer, III (w/enclosure) Via Email
DELIB :2383752.1 \063684-00032
RESOLUTION AUTHORIZING
GENERAL OBLIGATION
LIMITED TAX BONDS, SERIES 2003
2{Xl3- 08 (f)
City of Muskegon
County of Muskegon, State of Michigan
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan (the "Issuer"), held on January 28, 2003, at 5:30 o'clock p.m.,
Eastern Standard Time.
PRESENT: Members Mayor Wannington; Cmmissianers Scbweifler, Shepherd, Spataro,
The following preamble and resolution were offered by Member Cmmissioner Schweifler
and supported by Member Cmrnissianer Gawron
WHEREAS, the Issuer does hereby determine that it is necessary to acqmre certain
capital improvement items consisting of sidewalk and related improvements together with all
necessary appurtenances and attachments therefor (the "Project"); and
WHEREAS, the cost of the Project is estimated to be not less that One Million Five
Hundred Seventy Five Thousand Dollars ($1,575,000); and
WHEREAS, to finance the cost of the Project, the City Commission deems it necessary
to borrow the principal sum of One Million Five Hundred Seventy Five Thousand Dollars
($1,575,000) and issue capital improvement bonds pursuant to Act 34, Public Acts of Michigan,
2001 ("Act 34"), to pay all or part of the cost of the Project; and
WHEREAS, a notice of intent was published in accordance with Act 34 which provides
that the capital improvement bonds may be issued without a vote of the electors of the Issuer
unless a proper petition for an election on the question of the issuance of the bonds is filed with
the City Clerk within a period of forty-five (45) days from the date of publication.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Authorization of Bonds: Bond Terms. Bonds of the Issuer designated GENERAL
OBLIGATION LIMITED TAX BONDS, Series 2003 (the "Bonds") are authorized to be issued
in the aggregate principal sum of not to exceed One Million Five Hundred Seventy Five
Thousand Dollars ($1,575,000) for the purpose of paying all or part of the cost of the Project,
~
~ including the costs incidental to the issuance, sale and delivery of the Bonds. The issue shall
z
~
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~ consist of bonds in fully-registered form of the denomination of $5,000, or multiples thereof not
I
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exceeding for each maturity the maximum principal amount of that maturity, numbered
~
ilci consecutively in order of registration, dated as of March 1, 2003 or date the Bonds are delivered.
~
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The Bonds shall bear interest, mature, and be payable at the times and in the manner set forth in
Sections 6 and 7 hereof.
The Bonds shall be subject to redemption prior to maturity in the manner and at the times
and prices set forth in Sections 6 and 7 hereof.
Interest shall be payable to the registered owner of record as of the 15th day of the month
prior to the payment date for each interest payment. The record date of determination of
registered owner for purposes of payment of interest as provided in this paragraph may be
changed by the Issuer to conform to market practice in the future. Interest shall be payable to
the registered owner of record as of the 15th day of the month preceding the payment date for
-2-
each interest payment. The principal of the Bonds shall be payable upon presentation and
surrender to the Transfer Agent (as defined below).
Unless waived by any registered owner of Bonds to be redeemed, official notice of
redemption shall be given by the Transfer Agent on behalf of the Issuer. Such notice shall be
dated and shall contain at a minimum the following information: original issue date; maturity
dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial
redemption) the called amounts of each certificate; the place where the Bonds called for
redemption are to be surrendered for payment; and that interest on the Bonds or portions thereof
called for redemption shall cease to accrue from and after the redemption date.
In addition, further notice shall be given by the Transfer Agent in such manner as may be
required or suggested by regulations or market practice at the applicable time, but no defect in
such further notice nor any failure to give all or any portion of such further notice shall in any
n'
manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed
~
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herein.
The Bonds shall be issued in book-entry only form through The Depository Trust
Company in New York, New York ("DTC") and the City Administrator and Treasurer are each
authorized to execute such custodial or other agreement with DTC as may be necessary to
accomplish the issuance of the Bonds in book-entry only form and to make such changes in the
Bond Fotm within the parameters of this resolution as may be required to accomplish the
foregoing.
National City Bank of Michigan/Illinois, Troy, Michigan, is hereby appointed to serve as
bond registrar, paying agent and transfer agent (the "Transfer Agent") for this issue. The Issuer
-3-
reserves the right to replace the Transfer Agent at any time upon written notice to the registered
owners of record of the Bonds not less than sixty (60) days prior to an interest payment date.
2. Execution of Bonds. The Bonds of this issue shall be executed in the name of the
Issuer with the facsimile signatures of the Mayor and the Clerk of the Issuer and shall have the
seal of the Issuer, or a facsimile thereof, printed or impressed on the Bonds. No Bond shall be
valid until authenticated by an authorized officer or representative of the Transfer Agent. The
Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the
Transfer Agent to the purchaser or other person in accordance with instructions from the
Treasurer of the Issuer upon payment of the purchase price for the Bonds in accordance with the
3
::;z bid therefor when accepted.
~
0
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~ 3. Transfer of Bonds. The Transfer Agent shall keep the books of registration for
s this issue on behalf of the Issuer. Any Bond may be transferred upon such registration books by
0
~
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~ the registered owner of record, in person or by the registered owner's duly authorized attorney,
~-
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upon surrender of the Bond for cancellation, accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds
shall be sun-endered for transfer, the Issuer shall execute and the Transfer Agent shall
authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. The
Transfer Agent shall require the payment by the bondholder requesting the transfer of any tax or
other governmental charge required to be paid with respect to the transfer.
4. Limited Tax Pledge: Debt Retirement Fund: Defeasance of Bonds. The Issuer
hereby pledges its limited tax full faith and credit for the prompt payment of the Bonds. The
Issuer shall each year budget the amount of the debt service coming due in the next fiscal year
-4-
on the principal of and interest on the Bonds and shall advance as a first budget obligation from
its general funds available therefor, or, if necessary, levy taxes upon all taxable property in the
Issuer subject to applicable constitutional, statutory and charter tax rate limitations, such sums as
may be necessary to pay such debt service in said fiscal year.
The Treasurer is authorized and directed to open a depositary account with a bank or trust
company designated by the City Commission, to be designated 2003 GENERAL
OBLIGATION LIMITED TAX BONDS DEBT RETIREMENT FUND (the "Debt Retirement
Fund"), the moneys to be deposited into the Debt Retirement Fund to be specifically earmarked
and used solely for the purpose of paying principal of and interest on the Bonds as they mature.
In the event cash or direct obligations of the United States or obligations the principal of
and interest on which are guaranteed by the United States, or a combination thereof, the
principal of and interest on which, without reinvestment, come due at times and in amounts
~
~ sufficient to pay at maturity or irrevocable call for earlier optional redemption, the principal of,
~
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premium, if any, and interest on the Bonds, shall be deposited in trust, this resolution shall be
defeased and the owners of the Bonds shall have no further rights under this resolution except to
receive payment of the principal of, premium, if any, and interest on the Bonds from the cash or
securities deposited in trust and the interest and gains thereon and to transfer and exchange
Bonds as provided herein.
5. Construction Fund; Proceeds of Bond Sale. The Treasurer is authorized and
directed to open a separate depositary account with a bank or trust company designated by the
City Commission, to be designated 2003 GENERAL OBLIGATION LIMITED TAX BONDS
CONSTRUCTION FUND (the "Construction Fund") and deposit into said Construction Fund
-5-
the proceeds of the Bonds less accrued interest and premium, it any, which shall be deposited
into the Debt Retirement Fund. The moneys in the Construction Fund shall be used solely to
pay the costs of the Project and the costs of issuance of the Bonds.
6. Bond Form. The Bonds shall be in substantially the following form:
-6-
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF MUSKEGON
CITY OF MUSKEGON
GENERAL OBLIGATION
LIMITED TAX BOND, SERIES 2003
Interest Maturity Date of
Rate Date Original Issue CUSIP
_ _ _ _ 1, March 1, 2003
Registered Owner:
~ Principal Amount: Dollars
~
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~
0
~
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0
The City of Muskegon, County of Muskegon, State of Michigan (the "Issuer"),
~ acknowledges itself to owe and for value received hereby promises to pay to the Registered
ci
iii Owner specified above, or registered assigns, the Principal Amount specified above, in lawful
~ money of the United States of America, on the Maturity Date specified above, unless prepaid
!, prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue
specified above or such later date to which interest has been paid, until paid, at the Interest Rate
per annum specified above, first payable on June 1, 2003 and semiannually thereafter. Principal
of this bond is payable at the designated office of National City Bank of Michigan/Illinois, Troy,
Michigan, or such other transfer agent as the Issuer may hereafter designate by notice mailed to
the registered owner not less than sixty (60) days prior to any interest payment date (the
"Transfer Agent"). Interest on this bond is payable to the registered owner of record as of the
fifteenth (15th) day of the month preceding the interest payment date as shown on the
registration books of the Issuer kept by the Transfer Agent by check or draft mailed to the
registered owner of record at the registered address. For prompt payment of this bond, both
principal and interest, the full faith, credit and resources of the Issuer are hereby irrevocably
pledged.
This bond is one of a series of bonds aggregating the principal sum of $1,575,000, issued
for the purpose of paying all or part of the cost of certain capital improvements for the Issuer.
This bond is issued under the provisions of Act 34, Public Acts of Michigan, 2001, and a duly
adopted resolution of the Issuer.
-7-
Bonds of this issue shall not be subject to redemption prior to maturity.
This bond is transferable only upon the registration books of the Issuer kept by the
Transfer Agent by the registered owner of record in person, or by the registered owner's
attorney duly authorized in writing, upon the surrender of this bond together with a written
instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner
or the registered owner's attorney duly authorized in writing, and thereupon a new registered
bond or bonds in the same aggregate principal amount and of the same maturity shall be issued
to the transferee in exchange therefor as provided in the resolution authorizing this bond and
upon the payment of the charges, if any, therein prescribed.
This bond, including the interest thereon, is payable as a first budget obligation from the
general funds of the Issuer, and the Issuer is required, if necessary, to levy ad valorem taxes on
all taxable property in the Issuer for the payment thereof, subject to applicable constitutional and
statutory tax rate limitations.
It is hereby certified and recited that all acts, conditions and things required by law to be
done, precedent to and in the issuance of this bond and the series of bonds of which this is one,
0
_j
exist and have been done and performed in regular and due form and time as required by law,
"
'!/ and that the total indebtedness of the Issuer, including this bond, does not exceed any
~ constitutional and statutory debt limitation.
~
i
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This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate
of Authentication on this bond has been executed by the Transfer Agent.
~
I IN WITNESS WHEREOF, the Issuer, by its City Commission, has caused this bond to
g be signed in the name of the Issuer by the facsimile signatures of its Mayor and Clerk and a
" facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue.
CITY OF MUSKEGON
County of Muskegon
State of Michigan
By ----~
facsimile L----
Its Mayor
(SEAL)
By _ _ _ _ [facsimile], _ _ _ _~
Its Clerk
-8-
(Form of Transfer Agent's Certificate of Authentication)
DATE OF AUTHENTICATION:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned resolution.
National City Bank of Michigan/Illinois
Troy, Michigan
Transfer Agent
0
_j
"'w By - - - - - - - - - -
z
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0 Authorized Signatory
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6
~
~
~
~
,t:
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[Bond printer to insert form of assignment]
-9-
7. Notice of Sale. The, City Finance Director and the City Clerk are each authorized
upon receipt of notice of qualified status under Act 34 or receipt of said order, fix a date of sale
for the Bonds; and publish notice of sale of the Bonds in Tlte Bond Buyer, New York, New
York, which notice of sale shall be in substantially the following form:
-10-
OFFICIAL NOTICE OF SALE
$1,575,000
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2003
SEALED OR FAXED BIDS: Bidders may submit bids for the purchase of the above
bonds as follows:
SEALED BIDS will be received by the undersigned at the Offices of the City Clerk
located at 933 Tenace Street, Muskegon, Michigan 49443-0536 on Tuesday, the _ day of
- - - ~ ' 2003 until _:00 p.m., Eastern Standard Time, at which time and place said bids will
be publicly opened and read.
FAXED BIDS: Signed bids may be submitted by members of the Municipal Advisory
Council of Michigan to the Municipal Advisory Council of Michigan at (313) 963-0943; or at
the offices of the City at (231) 724-6768, attention: Tim Paul, provided that faxed bids must
'i anive before the time of sale and the bidder bears all risks of transmission failure and the
'!!" GOOD FAITH DEPOSIT MUST BE MADE AND RECEIVED as described in the section
~ contained "GOOD FAITH" below.
~
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ELECTRONIC BIDS: Electronic bids will also be received on the same date and until the same
time by Bidcomp/Parity as agent of the undersigned. Further information about Bidcomp/Parity,
including any fee charged, may be obtained from Bidcomp/Parity, Anthony Leyden or CLIENT
~
~ SERVICES, 40 West 23 rd Street, New York, New York 10010, (212) 404-8102. NO ELECTRONIC
g BID WILL BE ACCEPTED UNLESS THE BIDDER HAS SUBMITTED A FINANCIAL SURETY
' BOND OR A CERTIFIED OR CASHIERS CHECK IN THE AMOUNT DESCRIBED IN THE
SECTION CAPTIONED "GOOD FAITH" BELOW. IF ANY PROVISIONS OF THIS NOTICE OF
SALE SHALL CONFLICT WITH INFORMATION PROVIDED BY BIDCOMP/P ARITY, AS THE
APPROVED PROVIDER OF ELECTRONIC BIDDING SERVICES, THIS NOTICE OF SALE
SHALL CONTROL.
Bidders may choose any means or location to present bids but a bidder may not present a bid in
more than one location or by more than one means.
BOND DETAILS: The bonds will be registered bonds of the denomination of $5,000 or
multiples thereof not exceeding for each maturity the maximum principal amount of that
matutity, originally dated as of March I, 2003, numbered in order of registration, and will bear
interest from their date payable on June I, 2003, and semiannually thereafter.
The bonds will mature on the I st day of June in each of the years, as follows:
-11-
Amount
2004, 2005 and 2006 $105,000
2007 and 2008 110,000
2009 115,000
2010 and 2011 120,000
2012 125,000
2013 130,000
2014 135,000
2015 145,000
2016 150,000
NO PRIOR REDEMPTION OF BONDS: Bonds of this issue shall not be subject to
redemption prior to maturity.
TERM BONDS. Bids for the Bonds may be converted into one or more te1m bonds
0 having mandatory sinking fund redemption's equal to the serial maturities maturing in the years
~ 2004 through 2016. In the event there is an election to exercise the term bond option true
t
~
interest costs to be determined shall be calculated by applying the interest rate of such term
~ bonds to each mandatory sinking fund redemption for such term bonds. The winning bidder
g must exercise such election as part of its bid.
•
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0
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INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at rate or
~ rates not exceeding 6% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8
"j or 1/20 of I%, or both. The interest on any one bond shall be at one rate only and all bonds
• maturing in any one year must carry the same interest rate. No proposal for the purchase of less
than all of the bonds or at a price less than 98% of their par value will be considered. The
interest rate for each bond shall be equal to or greater than the preceding bond maturity.
BOOK-ENTRY ONLY: The bonds will be issued in book-entry only form as one fully
registered bond per matmity and will be registered in the name of Cede & Co., as bondholder
and nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act
as securities depository for the bonds. Purchase of the bonds will be made in book-entry-only
form, in the denomination of $5,000 or any multiple thereof. Purchasers will not receive
certificates representing their interest in bonds purchased.
TRANSFER AGENT AND REGISTRATION: Principal shall be payable at the
principal corporate trust office of National City Bank of Michigan/Illinois, Troy, Michigan, or
such other transfer agent as the City may hereafter designate by notice mailed to the registered
owner of record not less than 60 days prior to an interest payment date. Interest shall be paid by
check mailed to the registered owner of record as shown on the registration books of the City as
of the 15th day prior to an interest payment date. The bonds will be transferred only upon the
registration books of the City kept by the transfer agent.
-12-
PURPOSE AND SECURITY: The bonds are authorized for the purpose of paying all or
part of the cost of certain capital improvements together with all related improvements in the
City. The bonds will be a first budget obligation of the City, payable as a first budget obligation
from the general funds of the City including the collection of ad valorem taxes on all taxable
property in the City subject to applicable constitutional and statutory tax rate limitations. The
rights or remedies of bondholders may be affected by bankruptcy insolvency, fraudulent
conveyance or other laws affecting creditors' rights generally now existing or hereafter enacted
and by the application of general principles of equity including those relating to equitable
subordination.
GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust
company or a Financial Surety Bond, in the amount of $31,500, and payable to the order of the
Treasurer of the City is required for each bid as a guaranty of good faith on the part of the
bidder, to be forfeited as a portion of the City's damages if such bid be accepted and the bidder
fails to take up and pay for the bonds. If a check is used, it must accompany each bid. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Michigan and such Bond must be submitted to the City's financial advisor
0 at least one hour prior to the opening of the bids. The Financial Surety Bond must identify each
5 bidder whose good faith deposit is guaranteed by such Financial Surety Bond. If the bonds are
~ awarded to a bidder utilizing a Financial Surety Bond, then that purchaser (the "Purchaser") is
~ required to submit its good faith deposit to the City in the form of a cashier's check (or wire
0 transfer such amount as instructed by the City not later than Noon, Eastern Standard Time, on
~ the next business day following the award. If such good faith deposit is not received by that
~ time, the Financial Surety Bond may be drawn upon by the City to satisfy the good faith deposit
C
/j requirement. The good faith deposit will be applied to the purchase price of the bonds. In the
event the purchaser fails to honor its accepted bid, the good faith deposit will be retained by the
City. No interest shall be allowed on the good faith check and checks of the unsuccessful
bidders will be returned to each bidder's representative or by overnight delivery. The good faith
check of the successful bidder will be cashed and payment for the balance of the purchase price
of the bonds shall be made at the closing.
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the
lowest true interest cost determined in the following manner: the lowest true interest cost will be
the single interest rate (compounded on June 1, 2003 and semi annually thereafter) necessary to
discount the debt service payments from their respective payment dates to ___ 1, 2003, in an
amount equal to the bid price, excluding accrued interest.
TAX MATTERS: In the opinion of bond counsel, assuming compliance with cetiain
covenants, interest on the bonds is excluded from gross income for federal income tax purposes
as described in the opinion, and the bonds and interest thereon are exempt from all taxation in
the State of Michigan except inheritance and estate taxes and taxes on gains realized from the
sale, payment or other disposition thereof. The successful bidder will be required to furnish,
prior to the delivery of the bonds, a certificate in a form acceptable to bond counsel as to the
"issue price" of the bonds within the meaning of Section 1273 of the Internal Revenue Code of
1986.
-13-
"NOT QUALIFIED TAX EXEMPT OBLIGATIONS": The City has not designated the
bonds as "qualified tax exempt obligations" for purposes of deduction of interest by financial
institutions.
LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller,
Canfield, Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion
will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees
of Miller, Canfield, Paddock and Stone, P.L.C. for services rendered in connection with such
approving opinion are expected to be paid from bond proceeds. Except to the extent necessa1y
to issue its approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and
Stone, P.L.C. has not been requested to examine or review and has not examined or reviewed
any financial documents, statements or materials that have been or may be furnished in
connection with the authorization, issuance or marketing of the bonds, and accordingly will not
express any opinion with respect to the accuracy or completeness of any such financial
documents, statements or materials.
DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense.
Bonds will be delivered without expense to the purchaser at Detroit, Michigan, or such other
place to be agreed upon. The usual closing documents, including a certificate that no litigation
'!! is pending affecting the issuance of the bonds, will be delivered at the time of delivery of the
~
g bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the
<
~ 45th day following the date of sale, or the first business day thereafter if said 45th day is not a
~ business day, the successful bidder may on that day, or any time thereafter until delivery of the
~ bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in
~ which event the City shall promptly return the good faith deposit. Payment for the bonds shall
g be made in Federal Reserve Funds. Accrned interest to the date of delivery of the bonds shall be
, paid by the purchaser at the time of delivery.
CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed
on the bonds, but neither the failure to print such numbers on any bonds nor any error with
respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept
delivery of and pay for the bonds in accordance with terms of the purchase contract. All
expenses in relation to the printing of CUSIP numbers on the bonds shall be paid for by the
Issuer; provided, however, that the CUSIP Service Bureau charge for the assignment of such
numbers shall be the responsibility of and shall be paid for by the purchaser.
OFFICIAL STATEMENT: A copy of the Official Statement relation to the Bonds may
be obtained by contacting Robert W. Baird & Co., at 1001 Bay Street, Traverse City, Michigan
49684, telephone number: 231-933-8447, fax number: 2310-933-8448. The Official Statement
is in a form deemed final by the Issuer for purposes of paragraph (b)( 1) of SEC Rule l 5c2-12
(the "Rule"), but is subject to revision, amendment and completion in a final Official Statement.
After the award of the bonds, the Issuer will provide on a timely basis 100 copies of the
final Official Statement, as that tetm is defined in paragraph (e)(3) of the rnle, at the expense of
the Issuer (and such additional copies of the final Official Statement as reasonably requested by,
-14-
and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders
to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities
Rulemaking Board. Requests for such additional copies of the final Official Statement shall be
made to Bendzinski & Co., at the above address within 24 hours of the award of the bonds.
CONTINUING DISCLOSURE: As described in greater detail in the Official Statement,
the Issuer will agree in the resolution to provide or cause to be provided, in accordance with the
requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and exchange
Commission, (i) on or prior to the 1st day of the sixth month following the end of the fiscal year
of the City, commencing with the fiscal year ending June 30, 2003, certain annual financial
information and operating data, including audited financial statements for the preceding fiscal
year, (or if audited financial statements are not available, unaudited financial statements)
generally consistent with the information contained or cross-referenced in the Official Statement
relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect
to the Bonds and (iii) timely notice of a failure by the City to provide the required annual
financial information on or before the date specified in (i) above.
FINANCIAL CONSULTANT: Further information relating to the bonds may be
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;;' obtained from Robert W. Baird & Co. at the address and telephone numbers listed above.
I THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
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ENVELOPES containing the bids should be plainly marked "Proposal for General
Obligation Limited Tax Bonds, Series 2003."
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Gail Kundinger
City Clerk
City of Muskegon
-15-
8. Useful Life of Project. The estimated period of usefulness of the Project is hereby
declared to be not less than twenty (20) years.
9. Tax Covenant.. The Issuer shall, to the extent permitted by law, take all actions
within its control necessary to maintain the exclusion of the interest on the Bonds from gross
income for federal income tax purposes under the Internal Revenue Code of 1986, as amended
(the "Code"), including, but not limited to, actions relating to any required rebate of arbitrage
earnings and the expenditures and investment of Bond proceeds and moneys deemed to be Bond
proceeds.
10. Authorization of Other Actions. The City Manager, the City Clerk and the
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~ Finance Director each is authorized to take all other actions necessary or advisable, and to make
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§ such other filings with the Michigan Department of Treasury or with other parties, to enable the
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11. Continuing Disclosure. The City hereby covenants to comply with Securities and
Exchange Commission Rule 15c2-12 (the "Rule") and appoints the City Finance Director as its
"Disclosure Representative" in accordance with the Rule. The City Finance Director be and is
hereby directed to undertake disclosure in accordance with the Rule.
12. Rescission. 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 Schweifler, Shepherd, Spataro, Warn1ington, Gawron, Larson
-16-
NAYS: Members -----'-'=-
None - - - -- - - -- - - - - - - - - - -
RESOLUTION DECLARED ADOPTED.
City Clerk
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I hereby certify that the foregoing is a hue 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 January 28, 2003, and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings
Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
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. City Clerk Gail Kun;J;;
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-18-
Commission Meeting Date: January 28, 2003
Date: January 21, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: The conducting of a Public hearing in regards to
the 2003-2004 Community Development Block
Grant and HOME fiscal year.
SUMMARY OF REQUEST: To conduct a Public Hearing to solicit
comments from the public in regards to the anticipated 2003-2004 City
of Muskegon's Community Development Block Grant funding estimated
at $1,326,000 and HOME funds estimated at $327,000.
After the Commission has gathered comments from the public, the
Commission is asked to accept the proposal packets supplied and direct
the CNS staff to continue with the consolidated planning process.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To accept comments and direct staff to
continue the consolidated planning process.
COMMITTEE RECOMMENDATION: None needed.
;Loo 3 -oct b)
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: January 28, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Houston, First to Third
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Houston, First to
Third, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $13,939.06 would be spread against the fifteen-(15) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-ffi (b)
Resolution Confirming Special Assessment Roll
For Houston Ave. First to Third
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 26, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Houston Ave. First to Third
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
A yes: --'S,,.,p=at-=a=-r-=-o,_,-'-'W=ann-'--"-'-n-''i --q._to=n~,_G-'-a_wr_o_n,_,_L_ar_s_on_.,'---Sc_h_we_i_f_le_r~,_S_h----'
ep-_h_er_d_ _ __ _ _ __
Nays: _No_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _
Absent: Buie
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 28, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being January 28, 2003.
HOUSTON A VE. FIRST TO THIRD
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
EXHIBIT A
HOUSTON AVE. FROM FIRST TO THIRD
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Houston Ave. from First to Third
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON, Ml
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
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COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1542 Houston, First to Third
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 18n, OF JANUARY 2003
SUBSCRIBED AND SWORN TO BEFORE ME THIS
,3/.,s t: DAY OF JQo
rLO 1/ , 2003.
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NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES _ _,_9_----=c-2'-----0_-_-_C_ h _ _
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
HOUSTON, FIRST TO THIRD
DIVISION, SOUTHERN TO WESTERN
AND
WASHINGTON, FRANKLIN TO DIVISION
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Division St. from N of Southern Ave. to S of Western Ave.
• All parcels abutting Houston Ave.-from First St. to Third St.
• All parcels abutting Washington Ave. from Franklin St. to Division St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll shall be held in the City of
Muskegon Commission Chambers on January 28, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll which has been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment roll is on file and may be examined during regular business
hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the hearing the City Commission determined that the special assessment district
should be created, the improvement made, and the assessment levied. The purpose of this hearing is to hear
objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: January 18, 2003
ADA POLICY
The City will provide necessary appropriate aids and services, for example, signers for the hearing impaired,
audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four
hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 l) 724-6705 or TDD (23 l) 724-6773
January 17,2003
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
Houston, First to Third
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 28TH, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 28TH, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $112,000 of which $13,939.06
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $XXX.XX based on 33 feet assessable front footage at $18.00 per assessable foot for the
street improvements. In addition, you will be assessed $X.XX for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $XXX.XX Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XX.XX PER YEAR
Due Date: March 28th, 2003
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY OF MUSKEGON - H 1540
WASHINGTON, DIVISION TO FRANKLIN
STREET ASSESSMENT PROGRAM
,
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
.
'
HOUSEHOLD INFORMATION ..
Name: Birthdate: Social Security # _ _-_ _ -_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( )No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _ -_ _-_
Name Birthdate Social Security # _ _-_ _-_
Name Birthdate Social Security # _ _ -_ _-_
Name Birthdate Social Security # _ _-_ _-_ .
·. .•
INCOME INFORMATION .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. .
. . . .· . ·.
. . .
PROPERTYINFORMATION . .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
. . . . . .
. .. . . OWNER'S SIGNATURE . .
.
.
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to
the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
. . . .•
. . · . FOR OFFICE USE ONLY · .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
HOUSTON, FIRST TO THIRD
DIVISION, SOUTHERN TO WESTERN
AND
WASHING TON, FRANKLIN TO DIVISION
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Division St. from N of Southern Ave. to S of Western Ave.
• All parcels abutting Houston Ave.-from First St. to Third St.
• All parcels abutting Washington Ave. from Franklin St. to Division St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll shall be held in the City of
Muskegon Commission Chambers on January 28, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll which has been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment roll is on file and may be examined during regular business
hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are fu1iher notified that at the hearing the City Commission determined that the special assessment district
should be created, the improvement made, and the assessment levied. The purpose of this hearing is to hear
objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: January 18, 2003
ADA POLICY
The City will provide necessary appropriate aids and services, for example, signers for the hearing itnpaired,
audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upo11 twenty-four
hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
CITY OF MUSKEGON
Resolution No. 2002-25 ( d) 2002
Resolution At First Hearing Creating Special Assessmeut District
For Houston Ave. First to Third
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 26, 2002 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 13. 54 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Schweifler and --=:::....:::.::.::
Larson _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 8. 77% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Larson, Schweifler. Shepherd, Spataro, Warmington, Buie, Gawron
Nays None
CITY OF MUSKEGON
By \th;,L (J. KL,V'k,'\(~;__,
O
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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 .a.,,J_,, 0. i,yi,,,.'L. '.-0
Gail A. Kundinger, Clerk
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
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COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Houston, First to Third
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF FEBRUARY, 2002.
_Lv--cLv--
SUBSCRIBED AND SWORN TO BEFORE ME THIS
1 ~ DAY OF I~~ 2002.,
N O T ~ ~ MUtpKE~~~~~~IGAN
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MY COMMISSION EXPIRES '2. • ) ~ - a S
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H-1542 HEARING DATE JANUARY 28th, 2003
Houston, First to Third
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS
PAVING /SW TOTAL
24-205-352-0008-00 1095 1ST ST VANDERZANDEN LIND 1095 1ST ST MUSKEGON Ml 49440 $594.00 $0.00 $594.00
24-205-351-0007-10 1100 3RD ST LIMELIGHT RUSH LLC 2232 LAWN EL AVE MUSKEGON Ml 49441-3 $1,188.00 $0.00 $1,188.00
24-205-366-0001-00 1116 3RD ST FEIL ELLEN L 2474 HENRY ST MUSKEGON Ml 49441 $958.50 $0.00 $958.50
24-205-366-0002-00 1122 3RD ST 2002 C/W 24-205-365-0 2474 HENRY ST MUSKEGON Ml 49441 $211.50 $0.00 $211.50
24-205-366-0003-00 1128 3RD ST 2002 C/W 24-205-365-0 2474 HENRY ST MUSKEGON Ml 49441 $1,026.00 $0.00 $1,026.00
24-205-365-0001-00 1144 3RD ST BETTEN CHEVROLET I 2474 HENRY ST MUSKEGON Ml 49441 $3,285.00 $0.00 $3,285.00
24-205-352-0007 -00 184 HOUSTON AVE NOORDHOFF ROBERT 195 WAPPLE AVE AP MUSKEGON Ml 49440 $1,188.00 $781.06 $1,969.06
24-205-365-0002-00 189 HOUSTON AVE HOLDREN MAJEL 189 HOUSTON AVE MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-365-0003-10 193 HOUSTON AVE RUFF OLIVE E 193 HOUSTON AVE MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-352-0006-10 194 HOUSTON AVE FRUCCI JOSEPH/CYN 2054 LATART AVE MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-365-0003-00 199 HOUSTON AVE RUFF OLIVE E 193 HOUSTON AVE MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-352-0006-00 200 HOUSTON AVE GOKEY GEORGE NCY 200 HOUSTON AVE MUSKEGON Ml 49440 $594.00 $0.00 $594.00
24-205-352-0005-10 208 HOUSTON AVE HILT LEONA TRUSTEE 241 W MUSKEGON MUSKEGON Ml 49440 $594.00 $0.00 $594.00
24-205-000-0003-00 221 HOUSTON AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $549.00 $0.00 $549.00
24-205-351-0007-20 238 HOUSTON AVE NELSON OSCAR C JR 1310 MOULTON AVE N MUSKEGON Ml 49445 $594.00 $0.00 $594.00
1/16/03
Page 1 of 2
H-1542 HEARING DATE JANUARY 28th, 2003
Houston, First to Third
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL
TOTALS $13,158.00 $781.06 $13,939.06
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~~
u5}~ DATE
/-Jo ·- v3
DATE
1/16/03
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: January 28, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Washington Ave., Division to Franklin
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Washington Ave.,
Division to Franklin, and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMPACT:
A total of $67,521.52 would be spread against the twenty nine-(29) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-09 (c)
Resolution Confirming Special Assessment Roll
For Washington Ave., Division to Franklin
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 26, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
,3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (] 0) years. Any assessment that is paid in installments shall can-y interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Washington Ave., Division to Franklin
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Waaniogtoo, Gawron, I arsoo, Schweifler, Shepherd, Spataro
Nays: ___JL.ll.<LJ,.___ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ __ __ _ __
Absent~·.J.LLL-'-"------- -- - -- -- -- - - - - - - - - - - -- - -
Cityof z on
By ~ Q, ~ ;
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 28, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being January 28, 2003.
WASHINGTON AVE., DIVISION TO FRANKLIN
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGON
EXHIBIT A
WASHINGTON FROM DIVISION TO FRANKLIN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Washington from Division to Franklin
N
W+:;,i&fE
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON, Ml
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:
H-1538, WASHINGTON, DIVISION to FRANKLIN
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 18TH OF JANU~ 003
~ Q, ~ -
GAILAKlJNDINGER, CITY CLkric'
SUBSCRIBED AND SWORN TO BEFORE ME THIS
3 /sr DAY OF Jan &u:1.r(/ x;__ ,2003.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES _ _ .;_
~ -__,c""---'--
} S-: _ ~___;o=--------cc...
t __
January 17th, 2003
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
Washington, Division to Franklin.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
January 28th, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 28th, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $260,000.00 of which
$67,521.52 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $X,XXX.XX based on 49.5 feet assessable front footage at $36.35 per assessable foot for
the street improvements. In addition, you will be assessed $X.XX for driveway approach and/or sidewalk
Improvements made to your property for a total special assessment cost of $X,XXX.XX. Following are
the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XXX.XX PER YEAR
Due Date: March 28th, 2003
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY OF MUSKEGON - H 1540
WASHING TON, DIVISION TO FRANKLIN
STREET ASSESSMENT PROGRAM
CDBG APPLICATION FOR WAIVER, OF SPECIAi, ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _ •_ _ •_ _
Spouse: Birthdate: Social Security # _ _•_ _ •_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _ •_ _. _ _
Name Birthdate Social Security # _ _•_ _. _ _
Name Birthdate Social Security # _ _ •_ _. _ .
Name Birthdate Social Security # _ _ •_ _•_ _
.
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. ~
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by COBO staff)
.
. OWNER'S SIGNATURE . .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in supp011 of this application, is true and complete to
the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
.
FOR OFFICE USE ONLY .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
HOUSTON, FIRST TO THIRD
DIVISION, SOUTHERN TO WESTERN
AND
WASHINGTON, FRANKLIN TO DIVISION
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Division St. from N of Southern Ave. to S of Western Ave.
• All parcels abutting Houston Ave.-from First St. to Third St.
• All parcels abutting Washington Ave. from Franklin St. to Division St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll shall be held in the City of
Muskegon Commission Chambers on January 28, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll which has been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment roll is on file and may be examined during regular business
hours at the City Engineer's office between 8:00 a.m. _and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the hearing the City Commission determined that the special assess1nent district
should be created, the improvement made, and the assessment levied. The purpose of this hearing is to hear
objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: January 18, 2003
ADA POLICY
The City will provide necessary appropriate aids and services, for example, signers for the hearing i Ill paired,
audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upo 11 twenty-four
hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
CITY OF MUSKEGON \\
Resolution No. 2002 25 ( c) 2002
Resolution At First Hearing Creating Special Assestment D/stril,t;
For Washington Ave., Division to Franklin
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 26, 2002 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 12, 61 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and --~S=p~a=t=ar~o~-----
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 19.10% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Gawron, I.arson, Schwei fl er, Shepherd, Spataro, Warmington, Buie
Nays None
CITY OF MUSKEGON
B,LO~_, Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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_~=,,,,....,,,,,l"---:-,...,o,,,,_'-'--'·-•c--=·:::.:""<-=L=-~-'--"J,,<"",._J,c__
Gail A. Kundinger, Clerk
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1538 WASHINGTON, DIVISION TO FRANKLIN
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11TH DAY OF JANUARY, 2002.
~O.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
c9. <is DAY OF }-...e,ku.a, Mi , 2002.
\
NOTA
~~ m. 'k&~~L
PUBLIC, MUSKEGpN COUNTY J,1ICHIGAN 1
~ D ~ n ,...
hr. '"r u lc'i, l.>-!> s I'-- i
MY COMMISSION EXPIRES S - J~ - a 'S"
H-1S~R HEARING DATE JANUARY 28th, 2003 QyJU
!)
Washington, Division to Franklin.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-478-0001-00 889.0 WASHINGTON WHITE STEPHEN/MAS 2924 SANFORD ST MUSKEGON HEMI 49444 $36.35 $0.00 $2,326.40·
24-205-479-0001-00 969.0 WASHINGTON PUTHOFF C RICHARD 1400 LAKESHORE CT MUSKEGON Ml 49441 $36.35 $0.00 $2,689.90
24-205-479-0001-10 971.0 WASHINGTON -DIAZ MARIA 970 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $872.40-
24-205-479-0001-20 975.0 WASHINGTON SNYDER PAUL 975 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $1,090.50
24-205-479-0004-00 999.0 WASHINGTON CASTANON JOSE A 894 W GRAND AVE MUSKEGON Ml 49441 $36.35 $0.00 $1,217.73
24-205-467-0001-00 1321.0 DIVISION ST P & G HOLDINGS LLC 4203 13TH A VE BROOKLYN NY11219 $36.35 $0.00 $17,448.00
24-205-473-0009-00 1032.0 WASHINGTON SCOTT FARRAH 1330 5TH ST MUSKEGON Ml 49441 $36.35 $0.00 $1,799.33
24-205-473-0010-00 1022.0 WASHINGTON 2002 C/W 24-205-4 73-0 1330 5TH ST MUSKEGON Ml 49441 $36.35 $0.00 $899.66
24-205-473-0010-10 1018.0 WASHINGTON CUMINGS DARWIN JR/ 1012 WASHINGTON A MUSKEGON Ml 49442 $36.35 $0.00 $899.66
24-205-473-0011-00 1012.0 WASHINGTON CUMINGS DARWIN UR 1012 WASHINGTON A MUSKEGON Ml 49441 $36.35 $0.00 $1,799.33
24-205-473-0012-00 1006.0 WASHINGTON LUNA SALVADOR/BRIS 1006 WASHINGTON A MUSKEGON Ml 49441 $36.35 $0.00 $2,942.53
24-205-473-0014-00 992.0 WASHINGTON AGUIRRE MONICA 992 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,326.40
24-205-473-0015-00 984.0 WASHINGTON MLAINC 30521 SCHOENHERR WARREN Ml 48093 $36.35 $530.29 $2,856.69
24-205-473-0016-00 974.0 WASHINGTON RUEL JANE F 1825 ELWOOD MUSKEGON Ml 49442 $36.35 $0.00 $1,163.20
24-205-473-0016-10 970.0 WASHINGTON PEETS GARY A/DARLE 1436 CLARK ST MUSKEGON Ml 49442 $36.35 $0.00 $1,163.20
24-205-473-0017-00 966.0 WASHINGTON ARCHER MICHAEL W 966 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,326.40
1/16/03
Page 1 of 3
H-1 !'i::l8 HEARING DATE JANUARY 28th, 2003
Washington, Division to Franklin.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-478-0003-00 901.0 WASHINGTON NOORDHOFF ROBERT 195 W APPLE AVE AP MUSKEGON Ml 49440 $36.35 $0.00 $2,017.43"
24-205-478-0004-00 909.0 WASHINGTON CITY OF MUSKEGON PO BOX 536 MUSKEGON Ml 49443 $36.35 $0.00 $2,017.43
24-205-478-0005-00 915.0 WASHINGTON THERRIAN DAMIEN/AN 915 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,017.43
24-205-478-0006-00 921.0 WASHINGTON ARMSTRONG RETHA J 921 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,017.43
24-205-478-0007-00 933.0 WASHINGTON TRICE GLADYS M 933 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $1,199.55
24-205-478-0007-10 935.0 WASHINGTON WESLEY JOANN 935 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $1,199.55
24-205-478-0008-00 943.0 WASHINGTON MEIER BARRY M 139 MONROE AVE MUSKEGON Ml 49440 $36.35 $0.00 $1,163.20
24-205-479-0002-00 985.0 WASHINGTON SPOFFORD CURTIES J 985 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,326.40
24-205-479-0003-00 991.0 WASHINGTON VASQUEZ MANUEL S/ 991 WASHINGTON AV MUSKEGON Ml 49441 $36.35 $0.00 $2,326.40
24-205-479-0005-00 1005.0 WASHINGTON HERNANDEZ JOSE S 1005 WASHINGTON A MUSKEGON Ml 49441 $36.35 $0.00 $2,017.43
24-205-479-0006-00 1013.0 WASHINGTON CITY OF MUSKEGON PO BOX 536 MUSKEGON Ml 49443 $36.35 $0.00 $1,799.33
24-205-479-0007-00 1021.0 WASHINGTON LEROUX EUGENE 3558 MOHAWK DR MUSKEGON Ml 49441 $36.35 $0.00 $1,799.33
24-205-479-0008-00 1440.0 FRANKLIN ST JONES TERESA R 1440 FRANKLIN ST MUSKEGON Ml 49441 $36.35 $0.00 $1,799.33
1/16/03
Page 2 of 3
...-- H-1S~R HEARING DATE JANUARY 28th, 2003
Washington, Division to Franklin.
SPECIAL ASSESSMENT ROLL DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
$66.991.23 $530.29 $67,521 .52
TOTALS
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
3
LIFF TURNER, DIRECTOR,COuNITTa u A u Z ~
~ /~ /-c2-0,03
LAWR~ E" R~SSIONER DATE
~ P~ /-~ - d3
STEVE GAWRON CITY COMMISS IONER DATE
1/16/03
Page 3 of 3
TO:
c).oo "6- oct
Honorable Mayor and City Commissioners
(d J
FROM: Engineering
DATE: January 28, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Division, Southern to Western Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Division, Southern to
Western, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $44,658.54 would be spread against the twenty seven-(27) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-09 (d)
Resolution Confirming Special Assessment Roll
For Division Street, Southern to Western
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 26, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Division Street, Southern to Western
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: _ _._G.....awrUJ.. .Ln"--'-n+--,_,_I-""arc.. .....
sa~o,,_....S~cb=WP.._._.if~J~erc..,,._..,.Sb....e+'p~be__._r~d..-,_S'l-'p....,at..,.,a~ra....,,,_....Wa......nn=io~gt.o.t~oo_..___ _ _ _ _ _ __
Nays: ---'.ll.il..l"'------ - - - - - - - -- - -- - - -- - - - - - - - - -
.Absent~·_____......,_._~-- - -- - - - - -- - - - - -- -----------
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 28, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being January 28, 2003.
~ y of Mu'.k~~~
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DIVISION STREET, SOUTHERN TO WESTERN
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
EXHIBIT A
DIVISION STREET FROM SOUTHERN TO WESTERN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Division Street from Southern to Western
N
'w ~t-e=n E
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON, Ml
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1540, DIVISION, SOUTHERN TO WESTERN AVE
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE I 8TH OF JAN~ 00J
~ Q ~ ½/
GAIL A. KUNDINGER, CITY Q!JERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
31 st- DAY OF J q 11 vL Cl r f
7.r
, 2003.
c/u rv;iM .x\) £ave
NOTARY PUBLIC; MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- c<.\.'f' 0 &,
January 17, 2003
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
Division, Southern to Western Ave
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 28TH, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED January 28TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $160,000.00 of which
$44,658.54 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $X,XXX.XX based on 57 feet assessable front footage at $18.00 per assessable foot for the
street improvements. In addition, you will be assessed $0.00 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $X,XXX.XX. Following are
the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XXX.XX PER YEAR
Due Date: March 28th, 2003
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON - H 1542
HOUSTON, THIRD TO FIRST
STREET ASSESSMENT PROGRAM
CDBG APPLICATION FOR W AIYER OF SPECIAL
, ASSESSMENT
. .
. HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _ -_ _ -_ _
Spouse: Birthdate: Social Security # _ _ -_ _ -_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _ -_ _ -__
Name Birthdate Social Security # _ _ -_ _ -__
Name Birthdate Social Security # _ _ -_ _ -__
Name Birthdate Social Security # _ _ -_ _ -__
.
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
.
. PROPERTY INFORMATION . . .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and wi!! be verified by CDBG staff)
~ . . .
. . OWNER'S SIGNATURE .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to
the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
. . .
FOR OFFICE USE ONLY . .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
HOUSTON, FIRST TO THIRD
DIVISION, SOUTHERN TO WESTERN
AND
WASHINGTON, FRANKLIN TO DIVISION
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Division St. from N of Southern Ave. to S of Western Ave.
• All parcels abutting Houston Ave.-from First St. to Third St.
• All parcels abutting Washington Ave. from Franklin St. to Division St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll shall be held in the City of
Muskegon Commission Chambers on January 28, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll which has been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment roll is on file and may be examined during regular business
hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT TI-IE HEARING. IF TI-IE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF TI-IE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STA TE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are fmther notified that at the hearing the City Commission determined that the special assessment district
should be created, the improvement made, and the assessment levied. The purpose of this hearing is to hear
objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: January 18, 2003
ADA POLICY
The City will provide necessary appropriate aids and services, for example, signers for the hearing impaired,
audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four
hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
CITY OF MUSKEGON
Resolution No. 2002-25 ( b)
,'. 1
Resolution At First Hearing Creating Special Assessment li)istrict
For Division Street, Southern to Western
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 26, 2002 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 16. 67% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Depmiment of Treasury and the beginuing of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and -----=S=p=a=
ta=r:.. . ;o=--
· _ _ __ _ _
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 21.30% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in prope1ties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Buie , Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays None
CITY OF MUSKEGON
By ~9~~~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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 ~9~d~
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1540, DIVISION-SOUTHERN TO WESTERN A VE
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11TI! DAY: iANUARY, 2002.
Uew,0. ~~
GAIL A. KUNDINGER, CITY ~ ERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
d- ~ DAY OF J:"~.v..
A ~ , 2002.
~ k m ~fukows~
NOTARlPUBLIC, MUSKEGON COUNTY, MICHIGAN
~o At-l 0 fY) K('u k'O l>.:) ~ )C~
MY COMMISSION EXPIRES ':'S - I ~ - 0 S"
H-1 Fi40 HEARING DATE JANUARY 28th, 2003 ~
Division, Southern to Western Ave
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-477-0007-00 861.0 WASHINGTON VASQUEZ CARLOS A/ 15136 OAKLAND SPRING LAKE Ml 49456-0 $664.20 $0.00 $664.20
24-205-487-0008-1 0 862.0 SOUTHERN AV MCINTYRE SUZANNE/ 862 W SOUTHERN AV MUSKEGON Ml 49441 $1,026.00 $0.00 $1,026.00
24-205-486-0015-10 880.0 SOUTHERN AV 2003 C/W 24-205-486-0 933 TERRACE ST MUSKEGON Ml 49443 $1,188.00 $0.00 $1,188.00
24-205-478-0001-00 889.0 WASHINGTON WHITE STEPHEN/MAS 2924 SANFORD ST MUSKEGON H Ml 49444 $2,070.00 $0.00 $2,070.00
24-205-466-0001-10 921.0 WESTERN AVE NEXCOM 921 W WEST 880 W BROADWAYS MUSKEGON Ml 49441 $3,671.28 $0.00 $3,671.28
24-205-467-0001-00 1321.0 DIVISION ST P & G HOLDINGS LLC 4203 13TH AVE BROOKLYN NY11219 $10,674.00 $0.00 $10,674.00
24-205-466-0001-00 1330.0 WESTERN AVE P & G HOLDINGS LLC 4203 13TH AVE BROOKLYN NY 11219 $6,074.46 $0.00 $6,074.46
24-205-476-0001-06 1404.0 DIVISION ST MJ BLAIS LLC 1401 MANDEL AVE WESTCHESTE IL 60154 $1,188.00 $0.00 $1,188.00
24-205-477-0006-10 1444.0 DIVISION ST GUTIERREZ ANTONIO/ 1444 DIVISION ST MUSKEGON Ml 49441 $918.00 $0.00 $918.00
24-205-477-0006-20 1450.0 DIVISION ST ELMORE DAVID BNIC 1450 DIVISION ST MUSKEGON Ml 49441 $885.60 $0.00 $885.60
24-205-478-0001-10 1451.0 DIVISION ST WEESIES HEATHER 1451 DIVISION ST MUSKEGON Ml 49441 $900.00 $0.00 $900.00
24-205-477-0008-00 1458.0 DIVISION ST CERMENO ELIZABETH 1458 DIVISION ST MUSKEGON Ml 49441 $1,152.00 $0.00 $1,152.00
24-205-478-0016-00 1461.0 DIVISION ST FIERRO PABLO R 1461 DIVISION ST MUSKEGON Ml 49441 $846.00 $0.00 $846.00
24-205-478-0016-10 1467.0 DIVISION ST VANDERWELL KATHR 1467 DIVISION ST MUSKEGON Ml 49441 $666.00 $0.00 $666.00
24-205-477-0008-10 1468.0 DIVISION ST WOODARD JEFFREY 1468 DIVISION ST MUSKEGON Ml 49441 $936.00 $0.00 $936.00
24-?.05-478-0015-00 1473.0 DIVISION ST FIERRO PABLO/ZULE 1473 DIVISION ST MUSKEGON Ml 49441 $729.00 $0.00 $729.00
01/16/2003 Page 1 of 3
H-1 !'i40 HEARING DATE JANUARY 28th, 2003
Division, Southern to Western Ave
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-477-0008-20 1480.0 DIVISION ST CUTLER JACK B/CECE 1480 DIVISION ST MUSKEGON Ml 49441 $1,044.00 $0.00 $1,044.00
24-205-478-0015-10 1481.0 DIVISION ST BRICENO GUILLERMO 597 GLEN OAKS DR A MUSKEGON Ml 49442 $729.00 $0.00 $729.00
24-205-486-0019-00 1497.0 DIVISION ST GOMEZ ANTHONY S 6884 WILDWOOD CT FRUITPORT Ml 49415 $1,188.00 $0.00 $1,188.00
24-205-487-0007-00 1498.0 DIVISION ST PALO JOANN MARIE 1498 DIVISION MUSKEGON Ml 49441 $1,044.00 $0.00 $1,044.00
24-205-487-0006-10 1506.0 DIVISION ST WALKER GORDON 1506 DIVISION ST. MUSKEGON Ml 49441 $1,044.00 $0.00 $1,044.00
24-205-486-0018-10 1507.0 DIVISION ST MACKENZIE PATRICK 2245 LAKESHORE DR MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-486-0018-00 1513.0 DIVISION ST 0 BRIEN MICHAEL J 1513 DIVISION ST MUSKEGON Ml 49441 $594.00 $0.00 $594.00
24-205-487-0006-20 1516.0 DIVISION ST G K INVESTMENT CO 974 W NORTON AVE MUSKEGON Ml 49441 $1,080.00 $0.00 $1,080.00
24-205-486-0017-00 1517.0 DIVISION ST FOSTER BRIAN 3232 MCMILLAN RD TWIN LAKE Ml 49457 $1,782.00 $0.00 $1,782.00
24-205-486-0016-00 1533.0 DIVISION ST JOHNSON LOUISE J 1533 DIVISION ST MUSKEGON Ml 49441 $891.00 $0.00 $891.00
24-205-487-0008-00 1524.0 DIVISION ST HILLER MICHELLE 1524 DIVISION ST MUSKEGON Ml 49441 $1,080.00 $0.00 $1,080.00
01/16/2003
Page 2 of 3
H-1 !;40 HEARING DATE JANUARY 28th, 2003
Division, Southern to Western Ave
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $44.658.54 S0.00 $44.658.54
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
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STEVE GAWRON CITY COMMISSIONER DATE
~
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DATE
01/16/2003 Page 3 of 3
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Commission Meeting Date: January 28,2003
Date: January 9, 2003
To: Honorable Mayor and City Commiss~~~s
From: Planning & Economic Developmen~
RE: Zoning Ordinance Amendments for Downtown Parking
_ _ _ _ _ _ _ _ _ _____,_f'...J-lwT_,s"'-+-_,__0'---'s:'-"'CLa,C"'j.wlDu..,,.,s~---~"--=t.,e'--':\---'o""--1"'\'---F--'~""b=-1;_,,_,_l-"D"".3:........:.t'l'\.Q_Q,.:....:o 't 1',,~
SUMMARY OF REQUEST:
Request to amend the parking standards of the Zoning Ordinance in order to create an
overlay district, which permits more flexibility in parking requirements for the downtown
and lakeshore.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
After some modifications to the originally proposed language, the Planning Commission
recommended approval of the request at their meeting on 12/12/02. The vote was
unanimous.
1/9/2003
Commission Meeting Date: January 28, 2003
d-,0o :S - I \ ( \nj
Date: January 21, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Ct9C-
RE: Sale of Buildable Vacant Industrial Property at
600 W. Grand Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant industrial property at 600 W. Grand Avenue (designated as
parcel number 24-205-410-0010-00) described as:
See Attachment
to Competitive Edge Wood Specialties of 636 W. Grand Avenue, Muskegon, Ml. The
parcel is .33 acres and is being offered to Competitive Edge for $5,000. The appraised
value of the lot is $6,600, but because of it's odd shape (see attached map) and a previous
verbal agreement, it is being offered for $5,000 to Competitive Edge. (Under the verbal
agreement, the City agreed to pay for the title commitment and Competitive Edge paid for
the survey. Since the cost of the survey exceeds the price of the title commitment by over
$2,800, the City agreed to lower the price of the property.) A 16 ft. easement will be
retained along the Eastern boundary for possible future Lakeshore Trail development.
FINANCIAL IMPACT:
The sale of this parcel 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.
COMMITTEE RECOMMENDATION:
1/21/03
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Resolution No. 2003-11 (b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF AV ACANT INDUSTRIAL PARCEL OF
LAND LOCATED AT 600 W. GRAND A VENUE TO COMPETITIVE EDGE WOOD
SPECIALTIES
WHEREAS, the City of Muskegon has ownership of the property located at 600 W. Grand
Avenue, Muskegon, Michigan, designated as parcel numbers 24-205-410-0010-00; and
WHEREAS, Competitive Edge Wood Specialties, 636 W. Grand Avenue, Muskegon, MI, has
made a legitimate offer to purchase the subject property; and
WHEREAS, both the Seller (City of Muskegon) and Buyer (Competitive Edge Wood
Specialties) agree to the terms of the purchase as outlined in the attached purchase agreement;
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 advancement of the
public health, safety and welfare.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves the sale
of the property located at 600 W. Grand Avenue, Muskegon, MI to Competitive Edge Wood
Specialties for the sum of $5,000.
See attached property description.
Adopted this 28th day of January, 2003
Ayes: Larson, Schweifler, Shepherd, §pataro, Warmington, Gawron
Nays: None
Absent Buie
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 January 28, 2003.
By:
2003-11 (b)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made JanuQry 28 , 2003, by and between the CITY
OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon,
Michigan 49440 ("Seller"), and COMPETITIVE EDGE WOOD SPECIALTIES a Michigan
corporation, with its principal place of business located at 636 W. Grand Avenue, Muskegon, MI
[Attention, General Counsel] ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, free
and clear of all liens and encumbrances, with all beneficial easements, and subject to any
restrictive covenants, the real property located in the City of Muskegon, Muskegon County,
Michigan ("Premises"), and specifically described as:
See attachment.
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Five Thousand Dollars ($5,000), payable in cash or certified funds, to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of the
Buyer.
4. Title Insurance. Seller agrees to deliver to the 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 then the purchase price stated in this Agreement, guaranteeing
title on the conditions required herein. In the event the reservations, restrictions or easements of
record disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of
such unreasonableness of restriction and such unmarketability of title, to remedy such objections.
If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance
or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by the Seller.
5. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other gents 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
O:\Planning\COMMON\Property\Fred Miller.doc
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 presmned 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 agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
6. Limited Entry Prior to Closing. At all reasonable times prior to Closing, Buyer,
its agents, employees, designees, representatives and contractors (collectively "Buyer Parties"),
at Buyer's sole cost and expense, shall have the right to enter upon the Property to perform such
tests, inspections and examinations of the Prope1ty as Buyer deems advisable, including soil and
environmental tests, and to make investigations with regard to utilities availability, zoning, and
other applicable investigations with regard to the Property and the use thereof. Buyer shall
indemnify, defend and hold Seller harmless from and against all cost, loss, damange and
expense, including reasonable attorneys' fees, arising out of the activities of Buyer and the Buyer
Parties upon the Property pursuant to this paragraph. The preceding indemnity obligation shall
survive termination of this Agreement. Seller agrees to cooperate with Buyer in Buyer's
activities hereunder so long as Seller does not incur any out-of-pocket expense. In this regard,
Seller agrees to furnish Buyer with copies of all surveys, title policies, environmental reports,
etc., relating to the Property in Seller's possession or control. If Buyer determines that its
inspections, investigations and the like are unacceptable or unsatisfactory for any reason
whatsoever, Buyer may terminate this Agreement by giving Seller written notice thereof on or
before the date of Closing. If Buyer terminates this Agreement, neither party shall have any
further liability to the other under this Agreement, except as otherwise expressly provided in this
Agreement.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTES SHALL
OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTAND AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS". BUYER HAS PERSONALLY
INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE
LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND
UNDERSTANDS 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.
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.
9. Closing. The closing date of this sale shall be on or before , 2003,
("Closing"). The Closing shall be conducted at Transnation title Insurance Company, 570
2
Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall execute an IRS
closing report at the Closing.
10. 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 in the amount
required by Jaw. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title 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 Jaws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not effect any other provision of this
Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have been fully
satisfied.
3
h. Modifications 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:
...j}/( g~,i}e,
Irene Derpsey
"J'l7'
~
Linda Potter
~
BUYER: COMPETITIVE EDGE
WOOD SPECIALTIES
By_ _ _ _ _ _ _ _ _ _ _ _ __
Its- - - - - - - - - - - - - - -
T.I.D. No. _ _ _ _ _ _ _ _ _ __
4
LEGAL DESCRIPTION
CITY OF MUSKEGON
REVISED PLAT 1903
LOTS JO AND 11 BLK 410
EXC THAT PART DESC AS:
ALL THAT DESC AS BEG AT PT IN NL Y LINE GRAND A VE
DIST 25.65 FT SWLY AND RADIALLY FROM PT IN
C/L OF TRACK OF GR&! RR
EXTENDING FROM POB THE FOLL 3 COURSES
TH W ALG SD NL Y LINE GRAND A VE 195.8 FT
TO INT WITH ELY LINE GLADE ST
TH N ALG ELY LINE GLADE ST 221 FT
TO PT DIST 25.65 FT SWL Y & RADIALLY
FROM PT IN C/L OF TRACK
TH SEL Y ALG RR ON CURVE TO RT
WITH RADIUS OF 2839.3 FT
CHORD BEARINGS 41 D 36M 22S E 295.56 FT AND
ARC LENGTH 295.66 FT TO POB
ALSO EXCCOMM ATSW COR SD BLK410
THE 9.00 FT ALG S LINE SD BLK
TH N 4D23M 00S E 197.63 FT ALGE LINE GLADE ST TO POB
SD PT BEING 23 FT E OF W LINE SD BLK 410 AND
ON GTW RR SWL Y ROW LINE AND
25 .65 FT SWLY MEAS RADIALLY FROM
C/L OF GTW RR TRACK 7 (SHAW WALKER LEAD)
THE 18.13 FT M/L TO PT 12.5 FT SWLY RADIALLY
FROM C/L SD TRACK
TH SELY 260.33 FT PAR WITH C/L OF TRACK
ALG ARC OF 2852.45 FT RAD CURVE TO RT
LONG CHORD BEARING S 40D 46M 50S E 260.24 FT
TO S LINE BLK 410
TH W ALG S LINE SD BLK 16.75 FT MIL
TO PT ON RR ROW SD BEING 25.65 FT SWLY
MEAS RADIALLY FROM C/L TRACK 7
TH NWLY 261.24 FT ALG RR ROW LINE
ON ARC OF 2839.30 FT RAD CURVE TO LEFT
LONG CHORD BEARING N 4 ID 0OM 40S W 261.15 FT TO POB
ALSO EXC COMM AT SW COR SD BLK 410
THEE ALG S LINE SD BLK 9.00 FT TOE LINE GLADE ST RELOCATED
TH N 04D 23M 00S E ALG SD E LINE 197.63 FT
TO S MOST LINE FORMER GTWRR ROW FOR POB
TH CONT TO O4D 23M 0OS ALG SD E LINE 20.00 FT
THE 70.00 FT TH S 42D 00M O0S E 115.00 FT
TH S 48D 00M 0OS W 52.95 FT TO SWLY LINE
FORMER GTWRR ROW
TH NWL Y ALG SD SWLY LINE
ON ARC OF 2852.45 FT RAD CURVE TO LEFT
A DIST OF 135.92 FT
(CENTRAL ANG O2D 43M 49S AND
LONG CHORD BEARING N 42D OIM 52S W 135.01 FT)
TH W 18.14 FT TO POB
SUBJECT TO AN EASEMENT OF THE EASTERN MOST 16 FT OF ABOVE DESRIPTION
C:\DOCUME~1\anguilm\LOCALS-1\Temp\AP2524.DOC
QUIT CLAIM DEED
2CD3-11 (b)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: COMPETITIVE EDGE WOOD SPECIALTIES, a Michigan corporation, of636 W. Grand
Avenue, Muskegon, MI 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
[SEE ATTACHED LEGAL DESCRIPTION]
a/k/a 600 W.Grand Avenue
for the sum of Five Thousand and no/!00 Dollars ($5,000.00).
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).
• 1w,a~rc1-Y---' 2003
Dated this 28th day of_~,~Ja~
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this Jo.I day of h}21y,1,;,,;;J: , 2003, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter OToole My commission expires: '}'-o7~·--o {;
175 W. Apple Ave., P. 0. Box 786
Muskegon,MI49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
C:\D0CUME~1\angui!m\LOCALS~1\Temp\AP2524.DOC
h. Modifications 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.
WI1NESSES:
BUYER: COMPETITIVE EDGE
WOOD SPECIALTIES
By_ _ _ _ _ _ _ _ _ _ _ __
Its._ _ _ _ _ _ _ _ _ _ _ _ _ __
T.I.D. No. _ _ _ _ _ _ _ _ _ __
4
TRANSNATJON TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date; February 12, 2003
Escro,1 Number: 423600
perty Address: 600 \.J. Grand Avenue
Muskegon, Michigan 49441
S E LLER'S S T ATEMENT
DEBIT CREDIT
Purchase Price I• I• 5,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I I
CLOSING FEES I 125.00 I
O\.JNERS PREMIUM I 190.00 I
Real Estate Corrrnission I I
Sub Total I• 315.00 I• 5,000,00
Amount due Seller $ 4 685.00
TOTALS $ 5 000.00 $ 5 000.00
***********************************************•*******************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness t.hereof, and ratifies
the disbursement of the funds as stated ·:therein.
Seller{s) Signature(s):
City of Mu~J.;egon
/ ,,7,L·tn 'y.c • .J
By,___·'.:::~-_,•_'=-"'"--~/--~·(-~'-',~~-""L-J.OS.
t_ __
Lonna Anguilm, Assistant Planner
A C C O MMO D A T I O N LETTER
Date: February 12, 2003
RE: 600 W. Grand Avenue
Muskegon, Michigan 49441
Escrow No.: 423600
We, the undersigned buyers and sellers, herein acknowledge and agree that the closing,
held as of this date, on the above captioned property, is not being disburs,ed, and
will not be considered complete until the following requirements have been '~et.
File to be held pending agreement bet11een the buyer and seller on the projected
sidewalk assessment for 2003 in the estimated amount of $546.00.
If the above requirements have not been fulfilled by February 14, 2003 papers signed
today will be null and void and all monies will be returned to the remitter(s). Upon
making such delivery, and performance of any other services included above, you will
thereupon be released and acquitted from any further liability concerning the deposit,
it being expressly understood that liability in any event is limited by the terms and
conditions set forth herein. By acceptance of this agency, you are in no way assuming
any responsi bi 1 Hy for the va 1 idi ty or authenticity of the subject matter of the
deposit.
The undersigned-further agree to hold harmless City of Muskegon and and Transnati.on
Title Insurance Company for loss or damage resulting from failure to perform.
Competitive Edge flood Specialties
~ge~~j,
Lender and/or Broker BY ~,/ @:~
Fre~l ler, resident
City of Muskegon
DELIVERY INSTRUCTIONS:
Buyers: _ Mail _ Delivery by Salesperson Pickup
Sellers: Mail Delivery by Salesperson- Pickup
Listing Commission-:- Pickup Deliver -
Selling Commission:= Pickup= Deliver
SURVEY WAIVER
Date: February 12, 2003
RE: 423600
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 600 W. Grand Avenue
Muskegon, MI 494430536 Muskegon, Michigan 49441
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we 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.
We hereby release City of Muskegon and, 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):
Competitive Edge Wood Specialties City of Muskegon
BY - ~ / JJz/i
FreMfller, President
BY !f~c'r, c:?t c~- (
[iinna Anguilm, AsT1,tant Planner
V
AFFIDAVIT OF TITLE
Title Commitment# 423600
STATE OF MICHIGAN
COUNTY OF Muskegon
lss
}
That City of Muskegon being first duly sworn on oath says that they are the. true and
lawful owner(s) of the premises located at:
600 W. Grand Avenue
Muskegon, Michigan 49441
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work 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 \'Jhatsoever.
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):
City of Muskegon
anner
Subscribed and sworn to, before me a Notary Public, this 12th day of Febru_ary, 2003
County
My Commission Expires: KARRIELEEI\IE~
Notary Public, Muskegon County, Ml
My Commission Expires Jul 4, 2004
FILE# 423600
DATE: February 12th 2003
PROPERTY ADDRESS: 600 W. Grand Avenue
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.
Please check one of the following:
~ The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
I
' \
,:1//1-:_ 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) :
City of Muskegon
Planner
t.
I
\
Address:
~66 0 C~JD
Invoice~:- - ~ ~ . ;".-
· ·' - - - - - -
Revision No. 1
Infractions: _ __,;;:___ _ _ _.,........ Commitment No. 423600
File No. 423600
Delq. Water: fc; C(J)Ol ~
CHEDULE B-SECTION I
REQUIREMENTS
The following are the requirements to be complied with:
1. Standard requirements set forth on inside front cover.
2. Instruments necessary to create the estate or interest to be insured must
be properly executed. delivered and duly filed for record.
3. Deed from recited owner to recited purchaser. ~ - ff2IJT~Ttb
(_y:3,(IX=:.(_.) fh____:j(__
NOTE: No 2002 Summer taxes.
NOTE: 2002 Winter taxes are exempt. ✓
Permanent Property No. 61-24-205-410-0010-00.
~
jrs~S:MVD'\
Homestead Status 0%. ..r- /c- "X:)O -~
Property located in Muskegon Public School District. [--c) ( -
NOTE: Check with the City of Muskegon at 724-6720 for current and/or 'ilfl.u'-'/
-- delinquent water/sewer usage, infractions and invoices prior to
close for payoff amounts.
SCHEDULE B-SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the
Company.
1. Standard exceptions set forth on inside back cover.
2. Defects. liens. encumbrances. adverse claims or other matters. if any,
created. first appearing in the public records or attaching subsequent to
the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
3. Terms. conditions and provisions which are recited in Easement Agreement
as recorded on November 28. 1984 in Liber 1301. Page 692.
4. Easement for storm sewer purposes vested in The City of Muskegon by
instrument dated March 26. 1991 and recorded May 17. 1991 in Liber 1566,
Page 971.
JMS/dej
Form 1004-89 (Rev. 6-1-87}
Page 3
Feb 13 03 11;52a Cie~ oT Muskegon Planning 231 72"1 6780 p,2
Affll"rnallvt: Atlfo,1
(:U 1 )7?4,t,711.)
FAX: (2J.l)72l•ll.H
At~c,.1rnr/ •:11111db111lon
(231 )7?4-6708
FAX: (2:tl)7lti.SlM1
Ccmcltryi;t~pulmrnl
(lJ J )7l'i--67HJ
FAX: {l'.H172b-5bJ7
f.
Chy M• 11i1e:cr i_f
(lJl)71-Hi7H
FAX! (2:JIJ722-UU
Wnd, Mldll!;an'6 8l1orclinc Cil.y
CMI Stnl~~
(lJJ )721-li71 ti
J.hX: (UJ)'124-44U5
Ckrk
(2.ll )'124-670!1
J,'AX ! ('J:'.\1)724--4178
Fehn1ary J 3, 2002
Co1n1nuully ,md
f"l'tl~h, ~frnko
(231 )724-6717
FAX: (lJl)7l6-:1S0J
Cn1n1rn1.,1· lufu, Ms. Karrie Kiel
Sy.;lflllV
(lll )1l-t-67 •• Trnnsnation Title Insurance Co.
FAX: (U1)7l2-4.1nl 570 Seminole Rd., Ste. I 02
£na1J1m1n, Dtpt,
Muskegon, Ml 49444
(lJl)7lH7U7
t,'AX.; jZ3J)7Z7-6~04
RE: 600 W. Grand Avcnut:, Mu~kegon, MT
F1nanctO•pL
(l,11)7!4-ti?JJ
J'AX: (~31}72+-6748 Dear Karrie:
flrt Utp•1 hmwl
(1.11 )7-U-(i7~11 This letter is to let you know that the City of Muskegon (Seller) will he the responsible
•'AX: (131)724-698-~
party for the 2003 Sidewalk Assessment in the; amount of apprvximately $546.
JnconicT•• Competitive F.dge (Buyer) will have no obligation regarding this ,1sscssment.
fl,ll)"l;'M-677U
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Ir you have any questions 01· require filrthcr information, please feel free to call om office
ln~11ecllnn ~1irvif;'l'll
('2:11)724-61B'. al 724-6 702.
fAX; (l31)72MJ71
1,thlU\"~frrYkn Sincerely,
(!ll)7lH704
J;"';ic; (2ll)7H-JJ96
May,;o,•~ Ollln
(2:11)724-6701
FAX~ (23J)7ll•llJ4 Calhy Hrubaker-Clarke
l'lit.llUll1ef./.cmh11: Director ofCommunily and Economic Development
(2!l)124-6702
FAX,; (l3J)7lf.-091J
Pull1•11 Dq,111rtment
(2) I) 7N•fi750
fAX: (Ul)7ll,~l..t0
Vnlillr Wc1flul Orpt.
(2l1)724-1J00
FAX: (l31)7ll-1JRII
T1·u1,:,,1,1rer':<1 Offil.!I'.
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Wato· Hlllln):. lh!pl.
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1-'i\ X: (131)'72-f-6768
Wa1t1· t'lliflllun
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t'AX: jl~1)'7S~~290
City ofMu>kcgon, 9:U T,r,-c.e Street, P.O. !lox 536, Muskegon, MJ 49443-0536
www.shorelinedty.com
\
Date: January 28, 2003 ;;;too "'3, - 1' { c)
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Construction Agreement with CSX
SUMMARY OF REQUEST:
Enter into a construction agreement with CSXT by authorizing the mayor to execute the
attached agreement. Under said agreement, CSX will perform the following tasks;
1. Tie-ins of new tracks
2. Railroad flagging
3. Installation of grade crossing
4. Construction inspection
5. Order & delivery of new rails (this was authorized 6/11/2002)
The not to exceed cost of the above stated tasks is estimated@ $575,181 of which
$72,439.44 (cost of the rails)had already been approved. . ~ -~
~
FINANCIAL IMPACT:
The estimated cost of $575,181.
BUDGET ACTION REQUIRED:
None at this time. The cost is expected to be a part of the grant from MOOT.
STAFF RECOMMENDATION:
Approve the contract with CSXT
i/z>if,'';
Project: Shoreline Drive Relocation Project (Muskegon, Ml}
CSXT OP#: Ml0057 & MI0067
2003~11 (c)
CONSTRUCTION AGREEMENT
This Agreement is made as of ,la01Jary 28 , 2003., by and between CSX
TRANSPORTATION, INC, a Virginia corporation with its principal place of business in
Jacksonville, Florida ("CSXT"), and CITY OF MUSKEGON, a body corporate and political
subdivision of the State of Michigan ("Agency"),
EXPLANATORY STATEMENT
A. Agency has proposed to construct, or to cause to be constructed, a new track
alignment for the relocation of Shoreline Drive, including removal of the existing track,
construction of a new roadbed and track structure, a new undergrade bridge over Ryerson Creek
and a new at-grade crossing of Terrance Avenue. (the "Project"),
B. Agency has obtained, or will obtain, all authorizations, pennits and approvals
from all local, state and federal agencies (including Agency), and their respective governing
bodies and regulat01y agencies, necessary to proceed with the Project and to appropriate all
funds necessary to construct the Project.
C Agency acknowledges that: ( 1) by entering into this Agreement, CSXT will
provide services and accommodations to promote public interest in this Project, without profit or
other economic inducement typical of other Agency contractors; (2) neither CSXT nor its
affiliates (including their respective directors, officers, employees or agents) will incur any costs,
expenses, losses or liabilities in excess of payments made to CSXT, by or on behalf of Agency or
its contractors, pursuant to this Agreement; and (3) CSXT retains the paramount right to regulate
all activities affecting its property and operations.
D. It is the purpose of this Agreement to provide for the terms and conditions upon
which the Project may proceed,
NOW, THEREFORE, in consideration of the foregoing Explanatory Statement (which is
incorporated by reference into and made a part of this Agreement) and other good and val uablc
consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed
as follows:
1. PROJECT PLANS AND SPECIFICATIONS
1. 1 Preparation and Approval. All plans, specifications and drawings
necessary or appropriate to the design and constrnction of the Project shall be prepared, at
Agency's sole cost and expense, by either Agency or CSXT or their respective contractors, as
established by Exhibit A to this Agreement. Plans, specifications and drawings prepared by
Agency or its contractors shall be subject to the review and approval of CSXT. As approved,
amended or prepared by CSXT, such plans, specifications and drawings are referred to as the
"Plans". Upon CSXT's approval, the Plans shall be incorporated and deemed a part or this
Agreement. The plans, specifications and drawings that Agency has submitted to CSXT as of
the date of this Agreement are described by Exhibit B to this Agreement, but shall not be deemed
the Plans unless and until approved by CSXT.
1.2 Compliance with Plans. The Project shall be constructed in accordance
with the Plans.
2. ALLOCATION AND CONDUCT OF WORK
Work in connection with the Project shall be allocated and conducted as follows:
2.1 CSXT Work. Subject to timely payment of Reimbursable Expenses (as
provided by Section 4 ), CSXT shall provide, or cause to be provided through its consultants and
contractors, the services as set forth by Exhibit A to this Agreement, with the express
understanding and agreement of Agency that CSXT shall provide all services that CSXT deems
necessary or appropriate (whether or not specified by Exhibit A) lo preserve and maintain its
property and operations, without impairment or liability exposure of any kind and in compliance
with all applicable federal, state and local regulations and CSXT's contractual obligations,
including, but not limited to, CSXT's existing or proposed third party agreements and collective
bargaining agreements.
2.2 Agency Work. Agency shall perform, or cause to be perfonned, all work
as set forth by Exhibit A, subject to the provisions of Section 2.1, at Agency's sole cost and
expense, in accordance with this Agreement.
2.3 Conduct of Work. CSXT shall commence its work under this Agreement
following: (a) delivery to CSXT of a notice to proceed from Agency; (b) payment of all sums
required by Section 4.2 to the extent required prior to the commencement of work by CSXT; (c)
issuance of all pem1its, approvals and authorizations necessary or appropriate for such work; and
( d) delivery of proof of insurance as required by Section 9. The issuance of purchase orders or
bids for materials or services shall constitute commencement of work for the purposes of this
Section. The parties intend that all work by CSXT or on CSXT property shall conclude no later
than July 1, 2004.
3. SPECIAL PROVISIONS
Agency shall observe and abide by, and shall require its contractors ("Contractors") lo
observe and abide by the tem1s, conditions and provisions set forth in Exhibit C to this
Agreement (the "Special Provisions"). To the extent that Agency performs Project work itself'.
rather than contract with third parties to perform such work, Agency shall be deemed a
Contractor for purposes of this Agreement. Agency further agrees that, prior to the
commencement of Project work by any third party Contractor, such Contractor shall execute and
deliver to CSXT Schedule I to this Agreement to acknowledge Contractor's agreement lo
observe and abide by the terms and conditions of this Agreement.
2
4. COST OF PROJECT AND REIMBURSEMENT PROCEDURES
4.1 Reimbursable Expenses. Agency shall reimburse CSXT for all costs and
expenses incurred by CSXT in connection with the Project, including, but not limited to, out of
pocket expenses, travel and lodging expenses, telephone, facsimile, and mailing expenses, costs
for tools, equipment, materials and supplies, sums paid to CSXT's subcontractors, and CSXT
labor in connection with the Project, together with the overhead percentages and additives
established by CSX'f, in accordance with the applicable cost criteria set forth in 23 CFR Part
140, Subpart I (collectively, "Reimbursable Expenses"). Reimbursable Expenses shall also
include expenses incurred by CSXT prior to the date of this Agreement to the extent identified
by the Estimate as provided pursuant to Section 4.2.
4.2 Estimate. CSXT has estimated the total Reimbursable Expenses for the
Project as shown on Exhibit D (as amended or revised from time to time, the "Estimate"). In the
event CSXT anticipates that actual Reimbursable Expenses for the Project may exceed such
Estimate, it shall provide Agency with the revised estimate of the total Reimbursable Expenses,
together with a revised Payment Schedule (as defined by Section 4.3 (i), for Agency's approval
and confirmation that sufficient funds have been appropriated to cover the total Reimbursable
Expenses of such revised estimate. CSXT may elect, by delivery of notice to Agency to
immediately cease all further work on the Project, unless and until Agency provides such
approval and confirmation. Upon Agency's approval of the revised estimate, such revised
estimate shall be deemed the "Estimate".
4.3 Payment Terms. It is the understanding and mutual intent of the parties
that CSXT obtain payment reasonably in advance of its incurrence of Reimbursable Expenses.
Accordingly, the parties agree as follows:
(i) Agency shall pay CSXT for Reimbursable Expenses for the Project
in the amounts and on the dates set forth in the Payment Schedule attached to this Agreement as
Exhibit E (the "Payment Schedule", as revised from time to time pursuant to Section 4.2). CSXT
agrees to submit invoices to Agency for such amounts and Agency shall remit payment to CSXT
within thirty (30) days following delivery of each such invoice to Agency or, if later, the
payment date set forth in the Payment Schedule.
(ii) Following the completion of the Project, CSXT shall submit to
Agency a final invoice that shall reconcile the total actual Reimbursable Expenses incurred by
CSXT against the total payments received from Agency. Agency shall pay to CSXT the amount
by which actual Reimbursable Expenses exceed total payments, as shown by the final invoice,
within thi11y (30) days following delivery of such invoice to Agency. In the event that the
payments received by CSXT from Agency exceed the actual Reimbursable Expenses, CSXT
shall promptly remit such excess to Agency.
(iii) Any bill paid to CSXT by Agency relating to CSXT's work and not
found to be in accordance with this Agreement in its final audit shall be promptly refunded to
Agency by CSXT following submission of notice of the items so disapproved and the reason ror
such disapproval. Agency shall not be liable for payment of any bill received more than eighteen
3
( 18) months after the Project is completed and has been accepted by CSXT and Agency, unless
CSXT has requested an extension of the billing period in writing.] -
(iv) In the event that either party fails to pay to the other sums due to it
under this Agreement, the delinquent party shall also pay the other interest at the lesser of 1.0%
per month or the maximum rate of interest pennittcd by applicable law on the delinquent sum
until paid in full.
(v) In the event that Agency fails to timely pay CSXT any amount due
under this Agreement, CSXT may elect, by delivery of notice to Agency: (A) to immediately
cease all further work on the Project, unless and until Agency pays the entire delinquent sum,
together with accrned interest; and/or (B) to tem1inate this Agreement.
4.4 Effect of Tem1ination. In the event of the termination of this Agreement
for any reason, all obligations and liabilities of the parties pursuant to Section 4.3 shall survive.
5. APPROPRIATIONS
Agency represents and warrants to CSXT that: (i) Agency has obtained appropriations
sut1icient to reimburse CSXT for the Reimbursable Expenses encompassed by the Estimate
attached as Exhibit D; (ii) Agency shall use its best efforts to obtain appropriations necessary to
cover Reimbursable Expenses encompassed by subsequent Estimates approved by Agency; and
(iii) Agency shall promptly notify CSXT in the event that Agency is unable to obtain such
necessary appropriations.
6. EASEMENTS AND LICENSES
6.1 Agency Obligation. Agency shall acquire all necessary licenses, permits
and easements required for the Project.
6.2 Temporary Construction Licenses. Insofar as it has the right to do so,
CSXT hereby grants Agency a nonexclusive license to access and cross CSXT's property, to the
extent necessary for the construction of the Project (excluding ingress or egress over grade
crossings), along such routes and upon such terms as may be defined and imposed by CSXT's
Chief Engineer or his or her authorized representative, and such temporary construction
casements as may be designated on the Plans approved by CSXT.
6.2 Pemianent Easements. Insofar as it has the right to do so, CSXT shall
grant and convey, without warranty to Agency, casements for the use and maintenance of the
Project wholly or partly on CSXT property as shown on the Plans approved by CSXT, if any, on
tenns and conditions and at a price acceptable to the parties. Agency shall furnish for CSXT's
Chief Engineer's review and approval descriptions and plat plans for the easements.
4
7. PERMITS
At its sole cost and expense, Agency shall procure all pcm1its and approvals required by
any federal, state, or local governments or governmental agencies for the construction,
maintenance and use of the Project, copies of which shall be provided to CSXT.
8. CANCELLATION OF PROJECT
For any reason, including, but not limited to, delays or difficulties arise in securing
necessary approvals or necessary rights-of-way, deficiencies in appropriation for the Project, or
the failure of either party or Agency's Contractors to perfonn, Agency may, as its sole remedy,
terminate this Agreement by delivery of notice to CSXT. Upon CSXT's receipt of such notice,
CSXT shall proceed to stop work. Regardless of such tcnnination, Agency shall reimburse
CSXT for all costs and expenses incurred by CSXT pursuant to this Agreement, including costs
incurred in stopping work and returning CSXT property to its original condition, to CSXT's
reasonable satisfaction.
9. INSURANCE
In addition to the insurance that Agency requires its Contractor lo have, Agency shall
acquire or require its Contractor to purchase and maintain insurance in compliance with CSXT's
insurance requirements attached to and incorporated in this Agreement as Exhibit F. Neither
Agency nor Contractor shall commence work on the Project until such policy or policies have
been submitted to and approved by CSXT's Risk Management Department.
I 0. OWNERSHIP AND MAINTENANCE
10.1 By Agency. Pursuant to the at-grade crossing of Terrace Avenue, Agency shall
maintain and repair, at its sole cost and expense, all parts comprising the pem1ancnl aspects of
the Project, as shown by the Plans, consisting of roadway pavement up to the outer ends of the
railroad cross ties, sidewalks, guardrails, and curbs, as and when circumstances require in good
and safe condition to CSXT's satisfaction. In the event Agency fails to do so after reasonable
notice from CSXT (no more than thirty (30) days, unless an emergency condition exists or 1s
imminent in the opinion of CSXT, that requires immediate action), CSXT may perform such
maintenance and repair, at Agency's sole cost and expense.
I 0.2 By CSXT. CSXT shall own and, at its .;ole cost and expense, will maintain,
repair, replace and renew its tracks, railroad bridge structure over Ryerson Creek, ballast and
approach embankments, and railroad signal and communication systems, and CSXT and its
licensees shall be pennitted to install, maintain, repair and replace other utilities, facilities and
cable as CSXT authorizes from time to time on or within the railroad bridge structure. Pursuant
to the at-grade crossing with Terrace Avenue, CSXT shall maintain and repair the crossing
surface between cross tic end and cross tic end and signal facilities at the crossing. at Agency's
sole cost and expense.
5
10.3 Alterations. Agency shall not undertake any alteration, modilication or
expansion of the Project, without the prior approval of CSXT, which may be withheld for any
reason, and the execution of such agreements as CSXT may require.
11. INDEMNIFICATION
I I. I Generally. To the maximum extent pem1itted by applicable law, Agency
and its Contractors shall indemnify, defend, and hold CSXT and its affiliates hannless from and
against all claims, demands, payments, suits, actions, judgments, settlements, and damages of
every nature, degree, and kind (including direct, indirect, consequential, incidental, and punitive
damages), for any injury to or death to any person(s) (including, but not limited to the employees
of CSXT, its affiliates or Agency or its Contractors), for the loss of or damage to any property
whatsoever (including but not limited to property owned by or in the care, custody, or control of
CSXT, its affiliates or Agency or its Contractors, and environmental damages and any related
remediation brought or recovered against CSXT and its affiliates), arising directly or indirectly
from the negligence, recklessness or intentional wrongful misconduct of the Contractors,
Agency, and their respective agents, employees, invitees, contractors, or its contractors' agents,
employees or invitees in the performance of work in connection with the Project or activities
incidental thereto, or from their presence on or about CSXT's property. The foregoing
indemnification obligation shall not be limited to the insurance coverage required by this
Agreement, except to the extent required by law or otherwise expressly provided by this
Agreement.
11.2 Compliance with Laws. Agency shall comply, and shall require its Contractors
to comply, with any federal, state, or local laws, statutes, codes, ordinances, rules, and
regulations applicable to its construction and maintenance of the Project. Agency's Contractors
shall indemnify, defend, and hold CSXT and its affiliates harmless with respect to any fines,
penalties, liabilities, or other consequences arising from breaches of this Section.
11.3 "CSXT Affiliates". For the purpose of this Section 11, CSX T's affi 1iates
include CSX Corporation and all entities, directly or indirectly, owned or controlled by or under
common control of CSXT or CSX Corporation and their respective officers, directors, employees
and agents.
11.4 Notice of Incidents. Agency and its Contractor shall notify CSXT
promptly of any loss, damage, injury or death arising out of or in connection with the Project
work.
11.5 Survival. The provisions of this Section 11 shall survive the termination
or expiration of this Agreement.
6
12. INDEPENDENT CONTRACTOR
The parties agree that neither Agency nor its Contra•;tors shall be deemed either agents or
independent contractors of CSXT. Except as otherwise provided hy this Agreement, CSXT shall
exercise no control whatsoever over the employment, discharge, compensation of, or services
rendered by Agency or Agency's Contractor, or the construction practices, procedures, and
professional judgment employed by Agency or its Contractor to complete the Project.
Notwithstanding the foregoing, this Section 12 shall in no way affect the absolute authority of
CSXT to prohibit Agency or its Contractor or anyone from entering CSXT's property, or to
require the removal of any person from its property, if it detennines, in its sole discretion, that
such person is not acting in a safe manner or that actual or potential hazards in, on or about the
Project exists.
13. COMPLETE UNDERSTANDING
The parties agree that this Agreement, including its Exhibits, embodies the complete
understanding of the pmties with respect to the Project and supersedes all other agreements,
verbal or otherwise. In the event of any inconsistency between this Agreement and the Exhibits,
the more specific tcm1s of the Exhibits shall be deemed controlling.
14. AMENDMENT; WAIVER
The parties may amend this Agreement only by a written instrument signed by both
parties. If either party fails to enforce its respective rights ,mder this Agreement, or fails to insist
upon the perfonnance of the other party's obligations hereunder, such failure shall not be
construed as a pennanent waiver of any rights or obligations in this Agreement.
15. ASSIGNMENT
CSXT may assign this Agreement and all rights and obligations herein to a successor in
interest, parent company, affiliate, or future affiliate. Upon assignment of this Agreement by
CSXT and the assumption of CSXT's assignee of CSXT's obligations under this Agreement,
CSXT shall have no fmther obligation under this Agreement. Agency shall not assign its rights
or obligations under this Agreement without CSXT's prior written approval, which approval may
be withheld for any reason.
16. SEVERABILITY
The parties agree that if any part, tcm1 or provision of this Agreement is held to be i l\egal
or in conflict with any applicable federal, state, or local law or regulation, such provision shall be
severable, with all other provisions remaining valid and enforceable.
17. CONTROLLING LAW
This Agreement shall be construed under the laws of the Stale of Michigan, exclusive of
its choice of law rules.
7
IN WITNESS WHEREOF, Agency and CSXT have caused thei r duly authorized
representatives to execute this Agreement.
WITNESS:
Print Name: Irene De:JT)sey
Title: Ma¼)r
Print Name:_ ~ll~in~d=a~P~o~tt=e~r_ _ _ __
WITNESS : CSX TRANSPORTATION, INC.
By: ;(}~0 JpLLbJ+-
1
Print: Dale W. Ophardt, Chief Engineer - Desi gn
& Construction
8
EXHIBIT A
ALLOCATION OF WORK
Subject to Section 2.1, work to be perfonned or caused to be perfom1ed in connection with the
Project is allocated as follows:
A. Agency shall let by contract to its Co~1tractors:
I. Construction of new track alignment through the City of Muskegon
2. Construction of new railroad undergrade bridge over Ryerson Creek.
3. Construction of new at-grade crossing surface.
4. Removal and disposal of all track and materials for the existing track
alignment.
B. CSXT shall perfonn or cause to be performed:
I. Tie-ins for new track from 15' clearance points
2. Railroad Flagging for the project
3. Installation of Grade Crossing Warning Device Installation for Terrace
Avenue.
4. Construction Monitoring/Inspection of new installations.
5. Ordering and delivery of new rail to the project location.
EXHIBIT B
PLANS AND SPECIFICATIONS
Plans, Specifications and Drawings:
As of the date of this Agreement, the following plans, specifications and drawings have
been submitted by Agency to CSXT for its review and approval:
Earth Tech's Shoreline Drive Plan Set- dated June 22, 2001.
EXHIBIT C
CSXT SPECIAL PROVISIONS
DEFINITIONS:
As use<l in these Special Provisions, all capitalized terms shall have the meanings ascribed to
them by the Agreement, and the following tem1s shall have the meanings ascribed to them
below:
"CSXT" shall mean CSX Transportation, Inc., its successors an<l assigns.
"Agreement" shall mean the Agreement between CSXT and Agency dated as of
_ _ _ _ _ _ _ _ _ _ _ , as amen<le<l from time to time.
"Agency" shall mean the CITY OF MUSKEGON.
"Contractor" shall have the meaning ascribed to such tcm1 by the Agreement.
"Work" shall mean the Project as described in the Agreement.
I. AUTHORITY OF CSXT ENGINEER
The authorized representative of CSXT ("CSXT Representative") shall have final authority in all
matters affecting the safe maintenance of CSXT operations and CSXT property, and his or her
approval shall be obtained by the Agency or its Contractor for methods of construction to avoid
interference with CSXT operations and CSXT properly and all other matters contemplated by the
Agreement and these Special Provisions.
II. INTERFERENCE WITH CSXT OPERA T!ONS
A. Agency or its Contractor shall arrange and conduct its work so that there wi II be
no interference with CSXT operations, including train, signal, telephone and
telegraphic services, or damage to CSXT's property, or to poles, wires, an<l other
facilities of tenants on CSXT's Property or nght-of-way. Agency or its Contractor
shall store materials so as lo prevent trespassers from causing damage to trains, or
CSXT Property. Whenever Work is likely to affect the operations or safety of
trains, the method of doing such Work shall first be submitted to the CSXT
Representative for approval, but such approval shall not relieve Agency or its
Contractor from liability in connection with such Work.
B. If conditions arising from or in connection with the Project require that imme<liate
and unusual provisions be made to protect train operation or CSXT's property,
Agency or its Contractor shall make such provision. If the CSXT Rcprcscnlativc
detem1ines that such provision is insufficient, CSXT may, at the expense or
Agency or its Contractor, require or provide such provision as may be deemed
necessary, or cause the Work to cease immediately.
III. NOTICE OF STARTING WORK. Agency or its Contractor shall not commence any
work on CSXT Property or rights-of-way until it has complied with the following
conditions:
A. Notify CSXT in writing of the date that it intends to commence Work on the
Project. Such notice must be received by CSXT at least ten business days in
advance of the date Agency or its Contractor proposes to begin Work on CSXT
property. The notice must refer to this Agreement by date and a copy must be
sent to the Agency Representative. If flagging service is required, such notice
shall be submitted at least thirty (30) business days in advance of the date
scheduled to commence the Work.
B. Obtain authorization from the CSXT Representative to begin Work on CSXT
property, such authorization to include an outline of specific conditions with
which it must comply.
C. Obtain from CSXT the names, addresses and telephone numbers of CSXT's
personnel who must receive notice under provisions in the Agreement. Where
more than one individual is designated, the area of responsibility of each shall be
specified.
IV. WORK FOR THE BENEFIT OF THE CONTRACTOR
A. No temporary or permanent changes to wire lines or other facilities (other than
third party fiber optic cable transmission rystems) on CSXT property that are
considered necessary to the Work are anticipated or shown on the Plans. If any
such changes arc, or become, necessary in the opinion of CSXT or Agency, such
changes will be covered by appropriate revisions to the Plans and by preparation
of a force account estimate. Such force account estimate may be initiated by
either CSXT or Agency, but must be approved by both CSXT and Agency.
Agency or Contractor shall be responsible for arranging for the relocation of the
third party fiber optic cable transmission systems, al no cost or expense to CSXT.
B. Should Agency or its Contractor desire any changes in addition to the above, then
it shall make separate arrangements with CSXT for such changes to be
accomplished at the Agency or Contractor's expense.
V. HAUL ACROSS RAILROAD
A. If Agency or its Contractor desires access across CSXT property or tracks al other
than an existing and open public road crossing in or incident to construction of the
Project, the Agency or Contractor must first obtain the pcnnission of CSXT and
shall execute a license agreement or right of entry satisfactory to CSXT, wherein
Agency or Contractor agrees to bear all costs and liabilities related to such access.
B. Agency and Contractor shall not cross CSXT's property and tracks with vehicles
or equipment of any kind or character, except at such crossing or crossings as may
be pern1itted pursuant to this section.
VI. COOPERATION AND DELAYS
A. The Agency or its Contractor shall arrange a schedule with CSXT for
accomplishing stage construction involving work by CSXT. In arranging its
schedule, the Agency or the Contractor shall ascertain, from CSXT, the lead time
required for assembling crews and materials and shall make due allowance
therefor
B. Agency or its Contractor may not charge any costs or submit any claims against
CSXT for hindrance or delay caused by railroad traffic; work done by CSXT or
other delay incident to or necessary for safe maintenance of railroad traffic; or for
any delays due to compliance with these Special Provisions.
C. Agency and its Contractor shall cooperate with others participating in the
construction of the Project to the end that all work may be carried on to the best
advantage.
D. Agency and its Contractor understand and agree that CSXT docs not assume any
responsibility for work perfonned by others in connection the Project. Agency
and its Contractor further understand and agree that they shall have no claim
whatsoever against CSXT for any inconvenience, delay or additional cost
incurred by Agency or its Contractor on account of operations by others.
VII. STORAGE OF MATERIALS AND EQUIPMENT
Agency and its Contractor shall not store their materials or equipment on CS XT's
property or where they may potentially interfere with CSXT's operations, unless Agency
or Contractor has received CSXT Representative's prior written permission. Agency and
its Contractor understand and agree that CSXT will not be liable for any damage to such
materials and equipment from any cause and that CSXT may move, or require Agency or
its Contractor to move, such material and equipment at Agency's or its Contractor's sole
expense. To minimize the possibility of damage to the railroad tracks resulting fron1 the
unauthorized use of equipment, all grading or other construction equipment that is lef\
parked near the tracks unattended by watchmen shall be immobilized lo the extent
feasible so that it cannot be moved by unauthorized persons.
VIJI. CONSTRUCTION PROCEDURES
A. General
I. Construction work on CSXT property shall be subject to CSXT's
inspection and approval.
2. Construction work on CSXT property shall be in accord with CSXT's
written outline of specific conditions and with these Special Provisions.
3. Contractor shall observe the terms and rules of the CSXT Safe Way
manual, which Agency and Contractor shall be required to obtain from
CSXT, and in accord with any other instructions furnished by CSXT or
CSXT's Representative.
B. Blasting
1. Agency or its Contractor shall obtain CSXT Representative's and Agency
Representative's prior written approval for use of explosives on or
adjacent to CSXT property. If permission for use of explosives is granted,
Agency or its Contractor must comply with the following:
a. Blasting shall be done with light charges under the direct
supervision of a responsible officer or employee of Agency or its
Contractor.
b. Electric detonating fuses shall not be used because of the
possibility of premature explosions resulting from operation of
two-way train radios.
c. No blasting shall be done without the presence of an authorized
representative of CSXT. At least 72 hours' advance notice to
CSXT Representative is required to arrange for the presence of an
authorized CSXT representative and any nagging that CSXT may
require.
d. Agency or its Contractor must have at the Project site adequate
equipment, labor and materi1ls, and allow sufficient time, to (i)
clean up (at Agency's expense) debris resulting from lhc blasting
without any delay to trains; and (ii) correct (at Agency's expense)
any track misalignment or other damage to CSXT's property
resulting from the blasting, as directed by CSXT Representative,
without delay to trains. If Agency's or its Contractor's actions result
in delay of any trains, including Amtrak passenger trains, Agency
shall bear the entire cost thereof.
e. Agency and its Contractor shall not store explosives on CSXT
property.
2. CSXT Representative will:
a. Determine the approximate location of trains and advise Agency or
its Contractor of the approximate amount of time availahle for the
blasting operation and clean-up.
b. Have the authority to order discontinuance of blasting if, in his or
her opinion, blasting is too hazardous or is not in accord with these
Special Provisions.
IX. MAINTENANCE OF DITCHES ADJACENT TO CSXT TRACKS
Agency or its Contractor shall maintain all ditches and drainage structures free of si It or
other obstructions that may result from their operations. Agency or its Contractor shall
provide erosion control measures during construction and use methods that accord with
applicable state standard specifications for road and bridge construction, including either
( I) silt fence; (2) hay or straw barrier; (3) bem1 or temporary ditches; (4) sediment basin;
(5) aggregate checks; and (6) channel lining. All such maintenance and repair of
damages due to Agency's or its Contractor's operations shall be performed at Agency's
expense.
X. FLAGGING I INSPECTION SERVICE
A. CSXT has sole authority to detcm1ine the need for flagging required to protect its
operations and property. In general, flagging protection will be required
whenever the Agency or its Contractor or its equipment arc, or are likely to be,
working within fifty (50) feet of live track or other track clearances specificc..l by
CSXT, or over tracks.
B. Agency shall reimburse CSXT directly for all costs of flagging that is required on
account of construction within CSXT property shown in the Plans, or that 1s
covered by an approved plan revision, supplemental agreement or change order.
C. Agency or its Contractor shall give a minimum of 72 hours' advance notice to
CSXT Representative for anticipated need for flagging service. No work sha 11 be
undertaken until the flag person(s) is/are at the job site. The estimated number
and classifications of flag-persons are shown in the Estimate. If it is necessary for
CSXT to advertise a flagging job for bid, it may take up to 30-days to obtain this
service, and CSXT shall not be liable for the cost of delays attrihutabl e to
obtaining such service.
D. CSXT shall have the right to assign an individual to the site of the Project to
perform inspection service whenever, in the opinion of CSXT Representative,
such inspection may be necessary. Agency shall reimburse CSXT for the costs
incurred by CSXT for such inspection service. Inspection service shall not relieve
Agency or its Contractor from liability for its Work.
E. CSXT shall render invoices for, and Agency shall pay for, the actual pay rate of
the flagpersons and inspectors used, plus standard additives, whether that amount
is above or below the rate provided in the Estimate. If the rate of pay that is to be
used for inspector or flagging service is changed before the work is started or
during the progress of the work, whether by law or agreement between CSXT and
its employees, or if the tax rates on labor are changed, bills will be rendered by
CSXT and paid by Agency using the new rates. Agency and its Contractor shall
perfonn their operations that require flagging protection or inspection service in
such a manner and sequence that the cost of such will be as economical as
possible.
XI. UTILITY FACILITIES ON CSXT PROPERTY
Agency shall atTange to have any utility facilities on or over CSXT Property changed as
may be necessary to provide clearances for the proposed trackage.
XII. CLEAN-UP
Agency or its Contractor, upon completion of the Project, shall remove from CS XT's
Property any temporary grade crossings, any temporary erosion control measures used to
control drainage, all machinery, equipment, surplus materials, falsework, rubbish, or
temporary buildings belonging to Agency or its Contractor. Agency or its Contractor,
upon completion of the Project, shall leave CSXT Property in neat condition, satisfactory
to CSXT Representative.
XIII. FAILURE TO COMPLY
If Agency or its Contractor violate or fail to comply with any of the requirements of these
Special Provisions, (a) CSXT may require Agency and/or its Contractor to vacate CSXT
Property; and (b) CSXT may withhold monies due Agency and/or Contractor; (c) CSXT may
require Agency to withhold monies due Contractor; and (d) CSXT may cure such failure and the
Agency shall reimburse CSXT for the cost of curing such failure.
CSX TRANSPORTATION, INC. Page 1 of 3
FORCE ACCOUNT ESTIMATE I I
ACCT. CODE : 709 • D:XllfBIT D
Pub EB· 3 GFP
ESTIMATE SUBJECT TO REVISION AFTER: 04/10/2003 DOT NO.:
CITY:MUSKEGON COUNTY:MUSKEGON STATE: Ml
DESCRIPTION: SHORELINE DRIVE RELOCATION
DIVISION: Detroit SUB-DIV: FREMONT MILEPOST: CGC-56.65
DRAWING NO.: DRAWING DATE: REGION: Western
AGENCY PROJECT NUMBER: 39093
PRELIMINARY ENGINEERING:
Labor (Non Contract) 1.§ Days@ i 250.00 $ 3,750
Surcharge 32.78% $ 1,229
Expe, ,ses $ 705
Contracted & Administrative Engineering Services $ 10,500
Subtotal $ 16,184
CONSTRUCTION ENGINEERING/INSPECTION:
Labor (Non Contract) 20 Days@ ~ 250.00 $ 5,000
Surcharge 32.78% $ 1,639
Expenses $ 940
Contracted & Administrative Engineering Services $ 180,000
Subtotal $ 187,579
FLAGGING SERVICE: {Contract Labor}
Labor (Conductor-Flagman) 15 Days@ $ 350.00 $ 5,250
Labor (Foreman/Inspector) Q Days@ $ 220.00 $
Insurance $
Surcharge 111 .66% (Transportation Department) $ 5,862
Surcharge 105.91 % (Engineering Department) $
Per Diem (Engineering Department) J Weeks@ ~ 360.00 $ 1,080
Expe;,ses 1.§ Days@ ~ 45.00 $ 675
Subtotal $ 12,867
SIGNAL WORK:
Temporary (Details Attached) $
Permanent (Details Attached) $ 171 ,697
Subtotal $ 171 ,697
COMMUNICATIONS WORK:
Temporary (Details Attached) $
Permanent (Details Attached) $
Subtotal $
CSX TRANSPORTATION, INC. Page 2 of 3
FORCE ACCOUNT ESTIMATE
ACCT. CODE : 709 •
Pub EB· 3 GFP
TRACK: LABOR
Traffic Control Q MAN-HRS $ 19.75 $
Remcve Existing Crossing Q MAN-HRS $ 19.75 $
Renew Cross Ties 240 MAN-HRS $ 19.75 $ 4,740
Renew Rail Q MAN-HRS $ 19.75 $
Install OTM Q MAN-HRS $ 19.75 $
Install Field Welds 96 MAN-HRS $ 19.75 $ 1,896
Install Geo-Textile Fabric Q MAN-HRS $ 19.75 $
Install Sub-Drains Q MAN-HRS $ 19.75 $
Install Ballast Q MAN-HRS $ 19.75 $
Line and Surface 240 MAN-HRS $ 19.75 $ 4,740
Install Crossing Materials Q MAN-HRS $ 19.75 $
Install Bituminous Pavement Q MAN-HRS $ 19.75 $
Q MAN-HRS $ 19.75 $
Q MAN-HRS $ 19.75 $
Q MAN-HRS $ 19.75 $
Clean-Up 96 MAN-HRS $ 19.75 $ 1,896
Insurance 0.00% $
Surcharge 105.91% $ 14,056
Subsistence 68 MAN-DAY $ 90.00 $ 6,120
Subtotal $ 33,448
TRACK: MATERIAL
Cross Ties, Main Line 200 EA $ 35.11 $ 7,022
Rail, 136RE, New 7540 LF $ 9.05 $ 68,237
Misc. OTM 1 LOT $ 1,200.00 $ 1,200
Geo-Textile Fabric Q RL $ 250.00 $
Sub-Drains Q LF $ 6.00 $
Ballast 660 NT $ 5.50 $ 3,630
Field Welds ± EA $ 74.49 $ 298
Q $ $
Q $ $
Concrete Full Width Q TF $ 225.00 $
Concrete/Rubber Xing (CSX) Q TF $ 135.00 $
Rubber Crossing, Full Depth Q TF $ 280.00 $
Rubber/Asphalt Crossing (CSX Standard) Q TF $ 87.00 $
Crossties, 10' Length 0 EA. $ 38.66 $
Bituminous Material Q NT $ 80.00 $
Material Handling 5.00% $ 4,019
Subtotal $ 84,406
CONTRACT:
Asphalt Paving (In Place) Q NT $ 110.00 $
Disposal of Waste Materials 1 LT $ 500.00 $ 500
Maintenance of Traffic Q DAY $ 300.00 $
Subtotal $ 500
CSX TRANSPORTATION, INC. Page 3 of 3
FORCE ACCOUNT ESTIMATE
ACCT. CODE : 709 -
Pub EB - 3 GFP
EQUIPMENT RENTAL:
Gang Truck .Q DAY $ 180.40 $ 1,082
Boom Truck .Q DAY $ 304.16 $ 1,825
Dump Truck .Q DAY $ 283.04 $ 1,698
Backhoe .Q DAY $ 141.84 $ 851
Compressor .Q DAY $ 113.52 $ 681
Air Drill/Wrench .Q DAY $ 11.52 $ 69
Tie Tamper (CAT) Q DAY $ 1,580.16 $
Tie Tamper (Production) ;i, DAY $ 785.60 $ 2,357
Tie Tam per (Utility) Q DAY $ 785.60 $
Ballast Regulator ;i, DAY $ 285.60 $ 857
Rolle, Q DAY $ 39.12 $
Barricades Q DAY $ $
Subtotal $ 9,420
TRANSPORTATION: Q CAR/Ml $ 0.92 $
(All on Line Miles)
Subtotal $
WORK TRAIN: 1 DAY $ 2,060.10 $ 2,060
Subtotal $ 2,060
SALVAGE:
Rail Q NT $ 65.00 $
OTM Q NT $ 75.00 $
Subtotal $
ACCOUNTING & BILLING:
Labor 32.5 Days@ $ 200.00 $ 6,300
Surcharge 85.49% $ 5,386
Expenses $ 945
Subtotal $ 12,631
PROJECT SUBTOTAL: $ 446,387
CONTINGENCIES: 10.00% (Excludes Sig. & Comm.) $ 35,910
GRAND TOTAL ***************************************************** $ 566,703
DIVISION OF COST:
Agency 100.00% $ 566,703
Railroad 0.00% $
TOTAL ********* ***************** *** **** ****"'**** **** *** **** $ 566,703
Office of Assistant Chief Engineer Public lmrovements
Jacksonville, Florida
Estimated By: DD BOLEN
Telep'}one: 859-344-8419
DATE: 10/09/2002 REVISED: 02/28/2003
Estimate No. 102389
CSX Transportation
Terrace Avenue Install Flashing Lights with Gates & Cants
Muskegon, Ml
DOT: new OP: MI0067 CSX Project: Ml2001027
Summary
Material ......................................................................................................................... $ 74,878
Sales Tax .................................................................................................................... . $4,493
Labor:
Construction Labor (83 man-days) .......................................................................... . $20,099
Shop Labor (6 man-days) ........................................................................................ . $ 960
Subsistence (83 man-days) ..................................................................................... . $ 8,715
Railroad Engineering, Preliminary ............................................................................... . $4,320
Railroad Engineering, Construction .............................................................................. $3,015
Additives to Construction Labor .................................................................................. . $ 21,287
Additives to Shop Labor ............................................................................................... $1,193
Additives to Engineering .............................................................................................. . $6,270
Equipment Expenses (17 work days) ........................................................................... . $11,050
Waste Management (14 work days) ............................................................................. . $ 168
Contract Engineering ................................................................................................... . $3,300
Freight .......................................................................................................................... $1,200
AC Power Service ........................................................................................................ $7,500
Salvage ........................................................................................................................ $0
Contract Engineering Cat 1B ....................................................................................... . $2,650
Contract Engineering Cat 2E ....................................................................................... . $ 600
TOTAL ESTIMATE COST ........................................................................................... . $171,697
Date: 07/22/2002
Estimated By: Don Norman
NOTE: This estimate should be considered void one year from date of estimate.
Page 1 of 6 Estimate ID: 102389 01/24/2003
Shop Material List for CSX Project: Ml2001027 (Effective: 07/22/2002)
INSTALL FLASHING LIGHTS WITH GATES & CANTS
TERRANCE AVENUE, Ml - CGC 57.20
Catalog Num Cond Unit Price Qty Cost Description
020-0003386 6781.00 6781.00 HOUSE 6X6L ALUM INCLUDES 5
SHELFS, FARADAY CLOSET, 240V
020-0007673 1 21.72 3 65.16 RESISTOR 16 OHM ADJ SLIDE
TYPE 15 WATT ACCEPTABLE
020-0016116 291.51 3 874.53 DRIVER MODEL TD-1A TRACK
ELECTRO PNEUMATIC
020-0016117 174.85 1 174.85 GENERATOR MODEL ACG-2T AC
ELECTRO PNEUMATIC
020-0017120 1 13.41 4 53.64 BLOCK TERMINAL 12 WAY SINGLE
STRIP AAR DWG 10544 MP 14.1.6
020-0017209 1 224.68 224.68 TRANSFORMER 010520-20X LIGHT
300 VA MOD SLT-20 SAFETRAN
020-0017211 277.29 277.29 TRANSFORMER 010520-50X LIGHT
750VA MOD SL T 50 SAFETRAN PRI
020-0017311 22.89 14 320.46 RESISTOR 029602-52X ADJ 0.035
TO 1.50 OHMS SAFETRAN PL K326
020-0021965 9.05 1 9.05 EXTRACTOR DWG 59688-4
TERMINAL GRS CAT P3-308 REF
020-0022651 48.76 14 682.64 PLUGBOARD KIT TYPE 81 OR ST1
RELAY ASS EMBLY WITH 22 EACH
020-0025595 1 16.94 1 16.94 WRENCH DWG 55393-3 GR1 "E"
TERMINAL POST NUT GRS CAT
020-0053360 1 400.68 4 1602.72 CHARGER BATTERY ELG 12/20 S
20 AMP 10-19.9 voe ROTARY SW
020-0056863 427.68 427.68 TIMER SLT-1 HARMON P/N
800-086000-025 15 MINUTES
020-0056920 31.32 3 93.96 RESISTOR 029603-4X ADJ 0.77
TO 8 OHMS SAFETRAN
020-0660075 1 355.10 355.10 ARRESTER GE 9L 10KM212 FOR
APPLICATION ON 120 VOLT
020-0750090 4.99 6 29.94 NUT INSULATED SAFETRAN
023408-1X 1-3/16" FOR 120V AC
020-0770060 10.76 58 624.08 ARRESTER US&S N451552-0201
TRACK SERIES RED LABEL USGA
020-1940055 1 5.42 5.42 CONTAINER CIRCUIT PRINT 24"
SCHEDULE 20 4" PVC PIPE WITH
020-3430110 270.00 4 1080.00 RELAY SAFETRAN 400004 500
OHMS CONTACTS 4FB-2F-1B CSX
020-3430115 1 518.40 2 1036.80 RELAY SAFETRAN 400005 500
OHMS CONTACTS 4FB HEAVY DUTY
020-3430135 1 399.60 399.60 RELAY SAFETRAN 400213 460
OHMS CONTACTS 2FB CSX
020-3430150 345.60 3 1036.80 RELAY SAFETRAN 400510 2.0
OHMS CONTACTS 4FB-2F-1B CSX
020-3430170 425.16 2 850.32 RELAY SAFETRAN 400800-CSX
100/100 OHMS CONTACTS 6FB
020-3430185 378.00 2 756.00 RELAY SAFETRAN 400700-X 60
OHMS CONTACTS 4FB CSX
020-3650750 1 1.92 2 3.84 RESISTOR FIXED 1000 OHMS
3-WATT 5 PERCENT TOLERANCE
020-4200100 5.93 3 17.79 CONNECTOR BUS 1" CENTERS 1/2"
X 36" 18 GAGE PUNCHED 1/4" X
020-4200340 1 1.04 58 60.32 LINK TEST OFFSET LINK 1IN
CENTERS INSULATED W/SPECIAL
020-4200360 4.47 12 53.64 LINK INSUL TEST 2-3/8"
CENTERS CENTER CONTROL TEST
020-8000067 1 14.21 2 28.42 LOCK AMERICAN H10S1GRA CSX
SIGNAL PADLOCK WITH BLACK
Page 2 of 6 Estimate ID: 102389 01/24/2003
Shop Material List for CSX Project: Ml2001027 (Effective: 07/22/2002)
INSTALL FLASHING LIGHTS WITH GATES & CANTS
TERRANCE AVENUE, Ml - CGC 57.20
Catalog Num Cond Unit Price Qty Cost Description
020-8100034 1 2421.90 1 2421.90 RECORDER EVENT HARMON HAWK
ASSEMBLY COMPLETE WITH
Total Cost: $ 20364.57
Page 3 of 6 Estimate ID: 102389 01/24/2003
Field Material List for CSX Project: Ml2001027 (Effective: 07/22/2002)
INSTALL FLASHING LIGHTS WITH GATES & CANTS
TERRANCE AVENUE, Ml - CGC 57.20
Catalog Num Cond Unit Price Qty Cost Description
N/A 9880.00 1 9880.00 SIGNAL HWY XING 32 ALUM 2 MAST
CANTLR W1-WAY 12" MAIN FRONT
020-0013585 1 247.32 247.32 BOX 6410 JUNCTION-16 WAY CSX
DWG SS641A INCLS 16 DOUBLE
020-0013906 1 3.92 350 1372.00 CABLE UG 16 COND 6 NO 6 AWG
SOLID C 10 NO 14 AWG SOLID C
020-0014000 1 2.82 350 987.00 CABLE UG 10 COND NO 9 AWG
SOLID C CSX SPEC SS796 SHOW
020-0014605 1 2296.80 1 2296.80 FOUNDATION 5'-6-1/2" SECT
PRECAST CONCRETE ASSY BOLT
020-0014606 • 1 3399.58 3399.58 FOUNDATION DIXIE PRECAST
DP8-B 5-6" SECT PRECAST CON
020-0016115 1 108.50 3 325.50 RECTIFIER EPC 800-004080-000
MODEL RING-10 FOR STYLE "C"
020-0017605 1 0.18 50 9.00 WIRE CASE 10 AWG FLEX CSX
SPEC SS796 OKONITE
020-0017630 1 0.10 50 5.00 WIRE CASE NO 16 AWG FLEX CSX
SPEC SS796 FURN 1000 FT SPOOL
020-0052480 1 9.38 4 37.52 ARM 02511 LONG EXTENSION DWG
SS225 ALUMINUM USE W/STOP ON
020-0052925 1 0.63 5 3.15 BAND C-206 BAND IT 3/4 IN
STAINLESS STEEL FURNISHED IN
020-0053158 1 0.43 2 0.86 BUCKLE C-256 BAND-IT 3/4 INCH
STAINLESS STEEL 100 PER BOX
020-0053245 1 0.99 300 297.00 CABLE UG 3 COND NO 9 AWG
SOLID C CSX SPEC SS796 SHOW
020-0053250 1 1.42 175 248.50 CABLE UG 5 COND NO 9 AWG
SOLID C CSX SPEC SS796 SHOW
020-0054075 1 1382.43 1382.43 GATE SK-1000-C KEEPER NORMAL
MOVEMENT COMPLETE WITH BUMPER
020-0055425 1 63.07 4 252.28 BRACKET SIGN 12" MAST W/SPLIT
BOLTS FOR ALL SIGNS REQUIRING
020-0056419 1 26.31 2 52.62 SIGN 0255 STOP ON RED SIGNAL
SIGN ONLY NO HARDWARE CSX DWG
020-0056463 1 4878.20 2 9756.40 SIGNAL 02286 HWY CROSSING
GA TE ASSY CSX DWG SS222 INCL
020-0056464 1 63.07 4 252.28 BRACKET SIGN 12" MAST W/SPLIT
BOLTS FOR ALL SIGNS REQUIRING
020-0057001 1 0.46 50 23.00 TAG SLEEVE CRITCHLEY
HS064WE1TS038 THERMAL
020-0057275 1 0.61 450 274.50 WIRE UG TRACK TWISTED PAIR
NO. 6 AWG SOLID CONDUCTOR
020-0068543 1 8581.00 8581.00 SIGNAL 023003 HWY XING 18
ALUM CANTILEVER FL LT ASSY
020-1040302 1 139.04 19 2641.76 BATTERY GNB 50A07 ABSOLTE IIP
160AH LA MAINTENANCE FREE
020-1040304 167.48 6 1004.88 BATTERY GNB 50A11 ABSOLTE IIP
265AH LA MAINTENANCE FREE
020-1040550 1 37.89 4 151.56 TRAY BATTERY FIBER CO
82687-3-P 12" WIDTH 38"
020-1153550 1 2.80 6 16.80 CLIP TRACK WIRE RETAINER
UNIVERSAL RAIL BASE WRAP
020-1360014 713.86 713.86 PACKAGE FOREMANS CARE FOR
ALUMINUM TYPICAL BOM FOR USE
020-1360016 15.78 15.78 PACKAGE SAFETY & SECURMENT
WITH 1 EA CAUTION TAG 1 EA
020-13601 03 950.76 1 950.76 LAYOUT METER SERVICE WITH 25'
POLE CSX DWG SS351 SH 2 ITEMS
Page 4 of 6 Estimate ID: 102389 01/24/2003
Field Material List for CSX Project: Ml2001027 (Effective: 07/22/2002)
INSTALL FLASHING LIGHTS WITH GATES & CANTS
TERRANCE AVENUE, Ml· CGC 57.20
Catalog Num Cond Unit Price Qty Cost Description
020-2060060 1 362.52 2 725.04 FOUNDATION ASSY 5"-7" HT TYPE
S-2 SECTIONAL PRECAST
020-3901895 81.00 2 162.00 TIP FLEX HWY CROSSING GATE 24
IN LONG RED & WHITE STRIPES
020-3920200 1 185.88 2 371.76 BELL GCWD ELECTRONIC 4" OR 5"
MAST 8 TO 13 VOL TS DC GSI PN
020-3930010 1 3.60 2 7.20 KIT GATE ARM WARNING STICKER
KIT INCLUDES 1-EA 5"X3"
020-4200340 1.04 50 52.00 LINK TEST OFFSET LINK 1IN
CENTERS INSULATED W/SPECIAL
020-4200900 1 0.20 14 2.80 CONNECTOR SHEATHING AMP
329860 FOR NO. 14 WIRE
020-8000067 1 14.21 3 42.63 LOCK AMERICAN H10S1GRA CSX
SIGNAL PADLOCK WITH BLACK
020-9999991 100.00 1 100.00 BLOCKING AND BRACING FOR
PROJECTS BURGO DIST
360-0006100 1 33.44 1 33.44 STOOL STEP WOOD 14"X 20"
SIGNAL MAINTAINERS CSXT
360-0800145 1 4.39 4.39 BROOM WAREHOUSE CORN HVY DUTY
10300
4 70-0060316 1 17.07 1 17.07 CLEANER SEALANT HILT!
CP120-P2 DIS- PENSER 17 OZ
Total Cost: $ 46697.47
Page 5 of 6 Estimate ID: 102389 01/24/2003
Consumables List for CSX Project: Ml2001027 (Effective: 07/22/2002)
INSTALL FLASHING LIGHTS WITH GATES & CANTS
TERRANCE AVENUE, Ml - CGC 57.20
Catalog Num Cond Unit Price Qty Cost Description
N/A 800.00 1 800.00 GRAVEL
NIA 630.00 8 5040.00 JOINT, INSULATED
N/A 53.00 16 848.00 WELD FIELD
020-0017605 1 0.18 200 36.00 WIRE CASE 10 AWG FLEX CSX
SPEC SS796 OKONITE
020-0017607 0.46 200 92.00 WIRE CASE TW PR NO 10 AWG
FLEX CSX SPEC SS796 TWIST 2
020-0017630 1 0.10 200 20.00 WIRE CASE NO 16 AWG FLEX CSX
SPEC SS796 FURN 1000 FT SPOOL
020-0017636 1 1.68 50 84.00 WIRE SIGNAL DEL 018 NO 6
COPPER TWISTED PAIR FOR
020-0028610 1 0.49 100 49.00 TERMINAL RING AMP 35628
YELLOW PLASTI-BOND HVY DUTY
020-0056762 0.56 100 56.00 TAG SLEEVE CRITCHLEY
HK095WEINF038B 550/ROLL
020-0056764 1 0.35 20 7.00 TAG SLEEVE 1/2 X 1-1/2" LG
WHITE RAYCHEM PERMARK
020-0057001 1 0.46 100 46.00 TAG SLEEVE CRITCHLEY
HS064WE1TS038 THERMAL
020-0057010 1 0.17 15 2.55 TAG CRITCHLEY HPK04WE1TX
THERMAL TRANSFER PER 5000
020-4251190 1 0.56 100 56.00 TERMINAL RING AMP 35627 BLACK
PLASTI-BOND WIRE SIZE 10-12
250-0010780 1 6.05 110 665.50 CONDUIT GALV RIGID 4"STL 10
LENGTH W/TAPERED THREADS ON
250-6850686 1 2.31 3 6.93 TAPE ELECTRIC 3/41N 3M33 SIG
PROJEC 3M SCOTCH BRAND 33
250-6880660 0.19 15 2.85 TERMINAL AMP 33465 6 STUD
1/4"
250-6880680 0.19 10 1.90 TERMINAL AMP 33467 6 STUD 3/8
BOWMAN 23295 3M 15-38-W 100
450-0019212 1 0.02 100 2.00 SCREW 10 X 1" SHT METAL PAN
HD TYPE A COARSE THREAD
Total Cost: $ 7815.73
Page 6 of 6 Estimate ID: 102389 01/24/2003
EXHIBIT E
PAYMENT SCHEDULE
* 50/50 Payment in Advance
Upon delivery of notice to proceed with the Project, Agency will deposit with CSXT a sum equal
to fifty percent (50%) of the Reimbursable Expenses as ,hown by the Estimate. Prior lo the
incurrence of Reimbursable Expenses in excess of such deposit, together with subsequent
deposits, Agency shall deposit an additional sum equal to the then remaining balance of the
Reimbursable Expenses as shown by the Estimate.
EXHIBIT F
INSURANCE REQUIREMENTS
I. Insurance Policies:
Agency and Contractor, if and to the extent that either is performing work on or about
CSXT's property, shall procure and maintain the following insurance policies:
I. Commercial General Liability coverage at their sole cost and expense with limits of not
less than $5,000,000 in combined single limits for bodily injury and/or property damage per
occuncnce, and such policies shall name CSXT as an additional named insured.
2. Statutory Worker's Compensation and Employers Liability Insurance with limits of not
less than $1,000,000, which insurance must contain a waiver of subrogation against CSXT
and its affiliates.
3. Commercial automobile liability insurance with limits of not less than $500,000
combined single limit for bodily injury and/or property damage per occurrence. and such
other insurance as CSXT may reasonably require.
4. Railroad protective liability insurance with limits of not less than $5,000,000 combined
single limit for bodily injury and/or properly damage per occurrence and an aggregate annual
limit of$!0,000,000, which insurance shall satisfy the following additional requirements:
a. The insurer must be financially stable and rated B+ or better in Best's
Insurance Reports.
b. The Railroad Protective Insurance Policy must be on the ISO/RIMA
Fonn of Railroad Protective Insurance - Insurance Services Office
(ISO) Forrn CG 00 35.
c. CSX Transportation must be named as the na111ed insured on the
Railroad Protective Insurance Policy.
d. Na111e and Address of Contractor and Agency must be shown on the
Deel arations page.
c. Description of operations must appear on the Declarations page and
111ust match the Project descrintion, including project or cont,-act
identification numbers.
f. Authorized endorsements must include the Pollution Exclusion
A111end111cnt - CG 28 31, unless using fonn CG 00 35 version 9(, and
later.
g. Authorized endorsements may include:
(i). Broad Fann Nuclear Exclusion - IL 00 2 I
(ii) 30-day Advance Notice of Non-renewal or cancellation
(iii) Required State Cancellation Endorsement
(iv) Quick Reference or Index - CL/IL 240
h. Authorized endorsements may not include:
(i) A Pollution Exclusion Endorsement except CG 28 31
(ii) A Punitive or Exemplary Damages Exclusion
(iii) A "Common Policy Conditions" Endorsement
(iv) Any endorsement that is not named in Section 4 (f) or (g)
above.
(v) Policies that contain any type of deductible
5. Such additional or different insurance as CSXT may require.
II. Additional Tenns
l. Contractor must submit its original insurance policies and two copies and all notices
and correspondence regarding the insurance policies to:
Walter D. Tyler, CPCU, ARM
CSX Transportation, Inc.
Risk Management
30 I West Bay Street
BellSouth Tower
Jacksonville, FL 32202
2. Neither Agency nor Contractor may begin work on the Project until it has recei vcd
CSXT's written approval of the required insurance policies.
SCHEDULE I
CONTRACTOR'S ACCEPTANCE
To and for the benefit of CSX Transportation, Inc. ("CSXT") and to induce CSXT to
permit Contractor on or about CSXT's properly for the purposes of performing work in
accordance with the Agreement dated January 28 , 200~, between CITY OF MUSKEGON
and CSXT, Contractor hereby agrees to abide by and perform all applicable tem1s of the
Agreement, including, but not limited to Exhibits C and F to the Agreement, and Sections 3, 9
and 11 of the Agreement.
Contractor:
By:
Name:
Title:
Date:
\\jac\2639\CSXT - tit::nt!r:il Cnntracts\PE and Constna:lion Agrccmcrll Form.doc
9/9/2002
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