City Commission Packet 05-14-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                 MAY 14, 2002
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                       AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS: a. National Public Works Week:
                               b. National Senior Health and Fitness Day.
                               c. Law Enforcement Officer's Day
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Annual Taxicab License Renewal. CITY CLERK
                 c. Annual Carriage License Renewal. CITY CLERK
                 d. Fireworks Display Permit, Muskegon Country Club. CITY CLERK
                 e. FIRST READING: Adopting the New Code of Ordinances for the City
                      of Muskegon. CITY CLERK
                 f.   Appointments to Various      Boards/Committees.       COMMUNITY
                      RELATIONS COMMITTEE
                 g. Request to fly the Norwegian Flag at City Hall. CITY CLERK
                 h. Refuse Cart Purchase 2002 PUBLIC FACILITIES - SANITATION
                 i.   Amendment to Lease Option Agreement between City of
                      Muskegon and Oakview Neighborhood Association, Extension.
                      PLANNING & ECONOMIC DEVELOPMENT
                 j.   Consideration of bids, Southern, Division to Seaway. ENGINEERING
                 k. Consideration of bids, Keating to South End. ENGINEERING
                 I.   Consideration of bids. Ridge Ave. Cumberland to Glenside
                      ENGINEERING
                 m. Request for Encroachment Agreement, Olthoff. Black Creek to
                            Sheridan ENGINEERING
                       n. Amendment to the Special Assessment Policy. ENGINEERING
                       o. Resolution on Diversity LEGISLATIVE POLICY COMMITTEE
•   PUBLIC HEARINGS:
                       a. Plan Approval for Seaway Business Park LDFA Development and
                          Tax Increment Financing Plan PLANNING & ECONOMIC
                            DEVELOPMENT
                       b. Plan Approval for SmartZone LDFA Development and Tax
                          Increment Financing Plan PLANNING & ECONOMIC DEVELOPMENT
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. Extension          of    Clay-Western            Historic      District.       PLANNING   &
                           ECONOMIC DEVELOPMENT
                       b. FIRST READING: Pension Ordinance Clarification FINANCE
                       c. First Quarter 2002 Budget Reforecast. FINANCE
•   NEW BUSINESS:
                       a. Purchase  of State-Owned Land for Seaway Industrial                                   Park.
                           PLANNING & ECONOMIC DEVELOPMENT
                       b. Consideration of bids, Leon, Crozier to Harrison. ENGINEERING
                       c. Beachwood Park Bids. LEISURE SERVICES
                       d. Conservation District Request: LEISURE SERVICES
                      e. Lifeguard Agreement with Norton Shores LEISURE SERVICES
                      f.   MDNR Electrical/Utility Upgrade Addendum. LEISURE SERVICES
                      g. Approval of Lead Based Paint Abatement Contract for House at
                         322 Amity COMMUNITY AND NEIGHBORHOOD SERVICES
                       h. Approval of Contract for Final Phase of Jackson Hill Infill Projection
                          Operation Rejuve-Nation A.K.A. Operation J-Hill. COMMUNITY AND
                           NEIGHBORHOOD SERVICES
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION: Labor Negotiations
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk,)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
                                                          Qlity nf



                                                       ~tatr nf fl ir4igan
                                                            RESOLUTION

           WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and

           WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works
                    systems and programs such as water, sewers, streets and highways, public buildings, and solid waste
                    collection; and

           WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and

           WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is
                   vitally dependent upon the efforts and skill of public works officials; and

           WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially
                    influenced by the people's attitude and understanding of the importance of the work they perform,

           NOW, TIIBREFORE, I, Steve Warmington, Mayor of the City of Muskegon, speaking on behalf of the City
                     Commission, do hereby proclaim the week of May 19 -25, 2002, as

                                                "National Public Works Week"

                        in the City of Muskegon, and I call upon all citizens and civic organizations to acquaint themselves with
                        the issues involved in providing our public works and to recognize the contributions which public works
                        officials make every day to our health, safety, comfort, and quality of life.

          IN WITNESS WHEREOF, we hereunto set our hands and cause the seal of the City of Muskegon to be affixed this 14 th
                    day of May 2002.



          Steve W armingtou, Mayor                                               Kareu Buie, Vice-Mayor



          Stephen J. Gawron, Commissioner                                        Bill Larson, Commissioner



          Robert Schweifler, Commissioner                                       Clara Shepherd, Commissioner

,'';J
;.'.>','.,, - - - - - - - - - - - - - - - -
        \,,..I-,awrence
            ,-,,.
                        Spataro, Commissioner
    Proclamation

                           City of _ _ _ _ _ _ _ __

                                         Office of the Mayor
                                              Proclamation

     WHEREAS, public works services provided in our community are an integral part of our citizens'
     everyday lives; and
     WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
     of public works systems and programs such as water, sewers, streets and highways, public
(    buildings, and solid waste collection; and
     WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and
     services; and
     WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
     construction, is vitally dependent upon the efforts and skill of public works officials; and
     WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
     departments is materially influenced by the people's attitude and understanding of the importance
     or the work they perform,
     NOW, THEREFORE, I, _ _ _ __ __ _ __ _ _ _ __ __, Mayor of the City of
     _ _ _ _ __ _ _ ___, do hereby proclaim the week of _ _ _ _ _ _ as


                                  "National Public Works Week"
     in The City of _ _ __ _ _ _ __ _ _ _ __ _ _ ___, and I call upon all citizens
     and civic organizations to acquaint themselves with the issues involved in providing our public
     works and to recognize the contributions which public works officials make every day to our
     health, safety, comfort, and quality of life.
     Given under my hand and Seal of the City of _ __ _ _ _ _ _ _ __ _ ___ this
     _ _ _ _ _ __ _ day of _ __ __ __ __ _ __


     Mayor


(
                                                                                                           19
    Kundinger, Gail

    From:                 Kuhn . Bob
(      llt:               Tuesday, April 16, 2002 3:22 PM
    ,o:                   Kundinger, Gail
    Cc:                   Mazade, Bryon
    Subject:              national public works week



    I have prepared a letter and a resolution for National Public Works week, May 19-25, 2002.
    Which Committee gets it and do I need a Commission action form or is the resolution and a
    letter sufficient for consideration.
    thanks




    Director of Public Works
    Cit y of Muskegon Michigan

    We want to be #1 in the #2 business !!




(
                             Qlity nf




   Whereas, the President of the United States has designated May as
   Qlder.American Month and Nation Physical Fitness and Sports
.•.•Mortfh:And

  Wher~asLit is appropriated to honor our mature citizens for their many
  Contributions to the vitality and strength of our community; and

 Whereas, the United States Surgeon General has determined that Regular
 Physical activity results in significant health benefits and improved quality
 Of life for older adults; and

 Whereas, all older adults can participate in activities that improve and
 Maintain their health:

 Now, therefore, be it resolved, that I Steven Wannington Mayor of Muskegon
 do hereby proclaim Wednesday May 29, 2002 as

 NATIONAL SENIOR HEALTH AND FITNESS DAY
 In the City of Muskegon, Michigan and urge all our citizens to support
 the efforts oflocal organizations that encourage older adults to enhance
 their lives through physical activity.
                                              11~~,-:.....----"-----------------
Attached hereto is a list o£ the automobiles with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.

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

                                                Signature      Sc,,;ck S~l Ys,.11~
Subscribed and sworn to before me a Notary Public in and for Muskegon
                                                                                       ~
County, Michigan, this ____ day of _ _ _ _ _ _ _ _ _ _ _ _ 19_ _ __

My commission expires
                                                                  Notary Public

 Application Approved
                                                                Chief of. Pol ice
Date:      May 14, 2002
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Fireworks Display - Muskegon Country Club




SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display for July 4, 2002, at the Muskegon
Country Club. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks. Risk
Management has approved the insurance.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
                                                                                               PERMIT
                                                                                                                                                                     2002-58(d)
                                                                         FOR FIREWORKS DISPLAY

                                                                                    Act 358, P.A. 1968

                           This permit is not transferable. Possession of this permit by the herein named person will
                           Authorize him to possess, transport and display fireworks in the amounts, for the purpose,
                                                       And at the place listed below only.



TYPE OF DISPIAY:

ISSUED TO,
                                                                         Gl              Public Display
                                                                                                                                 •                Agricultural Pest Control


NAME
Melrose Pyrotechnics, Inc. I Paul A. Kiste, Event Producer
ADDRESS                                                                                                                                                              I AGE:
P.O. Box 123, Belding, Michigan 48809
REPRESENTING,
NAME OF ORGANIZATION, GROUP, FIRM OR CORPORATION
Muskegon Country Club
ADDRESS
2801 Lakeshore Drive - Muskegon, Michigan
                                                                                                                                                                                  .
NUMBER & TYPES OF FIREWORKS,
Approximately 1,200 aerial display shells ranging in size from I 1/2 inches to 8 inches in diameter




DISPlAY,
EXACT LOCATION
2801 Lakeshore Drive
CITY, VILlAGE, TOWNSHIP                                           DATE                                                                            TIME

Muskegon                                                          July 4, 2002                                                                    Dusk

BOND OR INSURANCE FILE,


ISSUED BY,   Britton-Gallagher & Associates
                                                                               0                YES
                                                                                                          •   NO                                  AMOUNT
                                                                                                                                                                 $5,000,000.00




                   Issued by action of the ---"C"'i'""t'-'y--"C""o"'m""m"'i"'s"s'-'l"-''O c , n ~ - - - - - - - - - - - - - - - - -
                                                                         (,o""ci1, <0<1mmjnion, board)



                   of the ---~C~i~t,.,__________ of _ _~M~u~slik~e4 g.,olin~----------
                                      (cit)', viUage, ,awruhipJ                                               <~•mo of city, ,illago, township)



                   on the _ _~14~t=h~-------
                                                               APPLICATION
                                                   FOR FIREWORKS DISPLAY PERMIT
                                                           Act 36, P.A. 1976                                                I   DATEOFAl'l'l.lCATION




ITPE OF DISPLAY
APPLICANT
                                                   Q         Public Display
                                                                                                          •   Agricultural Pest Control


NAME      or PERSON                                ADDRESS                                                                                AGE: Must be 18 or over

Melrose Pyrotechnics, Inc.                         P.O. Box 302, Kingsbury, Indiana 46345
IF A CORPORATION: Name of President                ADDRESS
Michael Cartolano                                  P.O. Box 302, Kingsbury, Indiana 46345
3. P\'ROTECI-INIC OPERATOR
NAME OF PERSON                                     ADDRESS                                                                                AGE: Must be 18 or over

Paul Kiste                                         P.O. Box 123, Beldine:, Michie:an 48809                                                37
EXPERIENCE:
NUMBER OF YEARS            NUMBER OF DISPLAYS      WHERE
18 years                              500+         Michigan, Illinois, Indiana

NAM:E.S OF ASSISTANTS:
NA.t\1E                                            ADDRESS                                                                                AGE:

Michael Falke                                      P.O. Box 123, Beldine:, Michigan 48809                                                 29
NA.t\fE                                            ADDRESS                                                                                AGE:
Kevin Packard                                      P.O. Box 123, Beldine:, Michigan 48809                                                 21
4. NON-RESIDENT APPLICANT
NAME                                               ADDRESS                                                                                AGE:


Name of Michigan Attorney or Resident Agent        ADDRESS                                                                                TELEPHONE NUMBER:
Paul A. Kiste                                      P.O. Box 123, Belding, Michigan 48809                                                  (800) 771-7976
5. EXACT LOCATION


Muskegon Country Club Grounds
DATE                                                                                  TIME

July 4, 2002                                                                          Dusk
6. NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED


Approximately 1,200 aerial display shells ranging in size from 1 l /2 inches to 8 inches in diameter




MANNER & PLACE 01: STORAGE PRIOR TO DISPLAY
No storage necessarv, delivered on date of display.


                                                          Subject to Approval of Local Fire Authorities
                                                     A.      AM:OUNT OF BOND OR INSURANCE
                                                                 to be set by municipality


7. FINANCIAL RESPONSIBILITY                                                                                   $5,000,000.00
B.    BONDING CORPORATION OR INSURANCECOMPANYNAfv!E
                                                                                      ADDRESS:     6240 SOM Center Road
       Britton-Gallagher & Associates                                                              Cleveland, Ohio 44139
 1.   ~.£~!!§:;,, :J#g!lt'.t.ffi!EH!§''(@:g::!§ll§!!§~J[Yi'.1,J¥jigRfN;qj:::t t: ;·:·':: : ;: :;•·•·:· ·
 PRODUCER
                                                                 440-248-4711              THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
                                                                                                                                                                          0
                                                                                                                                                                              04}16/0ZYI                      ]


                        Britton-Gallagher & Assoc.                                         ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                                                                                           HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
                        6240 SOM Center Rd.                                                ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
                        Cleveland, OH 44139-2985                                                                COMPANIES AFFORDING COVERAGE
                                                                                         COMPANY
                                                                                             A              Lexington Insurance Company
 INSURED
                                                                                         COMPANY
                        Melrose Pyrotechnics, Inc.                                           B
                        P.O. Box 302                                                     COMPANY
                        Kingsbury, IN 46345                                                  .c
                                                                                         COMPANY
                                                                                     .      D
                        '
       THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
       INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
       CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
       EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

 co                    TYPE OF INSURANCE                     POLICY NUMBER
                                                                                     POLICY EFFECTIVE      POLICY EXPIRATION
                                                                                                                                                             LIMITS
LTR                                                                                  DATE IMM/DDNY)         DATE lMM/DD/VVJ

  A   ~NEftAL LIABILITY                            0427470                               4/01 /02               4/01/03         GENERAL AGGREGATE                                   2000000
           X        COMMERCIAL GENERAL LIABILITY                                                                                                                                    2000000
       ":,::."-:.     1 CLAIMS MADE   0    OCCUR
                                                                                                                                PRODUCTS· COMP/OP AGG

                                                                                                                                PERSONAL & ADV INJURY
                                                                                                                                                                      '             1000000
                    OWNER'S &_CONTRACTOR'S PACT                                                                                 EACH OCCURRENCE                                     1000000
      I--- - - - - - - - - - -                                                                                                  FIRE DAMAGE {Any one fire)
                                                                                                                                                                    •                 50000

      ~TOMOBlLE LIABILITY
                                                                                                                                MED EXP {Any one person)
                                                                                                                                                                    •
      1--           ANY AUTO
                                                                                                                                COMBINED SINGLE LIMIT
                                                                                                                                                                    •
       -            ALL OWNED AUTOS

                    SCHEDULED AUTOS
                                                                                                                                BOOIL V INJURY
                                                                                                                                !Per person}
       -
      --
                    HIRED AUTOS
                                                                                                                                BODILY INJURY
       _            NON-OWNED AUTOS                                                                                             {Per accident)


       -                                                                                                                        PROPERTY DAMAGE


       ~RAGE LIABILITY
       ---'- ANY AUTO
                                                                                                                                AUTO ONLY· EA ACCIDENT

                                                                                                                                OTHER THAN AUTO ONLY:
                                                                                                                                                                   -<·:.,·-:,. :·-.;:c•:.   ..
                                                                                                                                                                                            ·         •   .... ,
                                                                                                                                           EACH ACCIDENT
                                                                                                                                                                    •
 A         EXCESS LIABILITY                        5642250                               4/01/02                4/01/03         EACH OCCURRENCE
                                                                                                                                                  AGGREGATE
                                                                                                                                                                    •               4000000
      xl'           UMBRELLA FORM                                                                                               AGGREGATE                                           4000000
      I             OTHER THAN UMBRELLA FORM

         WORKERS COMPENSATION AND
           EMPLOYERS' LIABILITY
                                                                                                                               Lll6.fSY.J.!M
                                                                                                                                        STAT.~:.    I 10:r~-       •....
                                                                                                                                                                    ' ·, ..                     ·   ,
                                                                                                                                                                                                .... .....,
                                                                                                                                EL EACH ACCIDENT
                                                                                                                                                                    •
         THE PROPRIETOR/
         PARTNERS/EXECUTIVE
         OFFICERS ARE:
           OTHER
                                       R    INCL

                                            EXCL
                                                                                                                                EL DISEASE· POLICY LIMIT

                                                                                                                                EL DISEASE· EA EMPLOYEE
                                                                                                                                                                    •


DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
 DISPLAY DATE: July 4, 2002 LOCATION: Muskegon Country Club -Muskegon, MI ADDITIONAL INSURED: Muskegon
 Country Club; Ciry of Muskegon, Michigan; Mr. Ron Whorton



                                                                                            SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ~CANCEL
                                                                                                                                          E D BEFORE THE

                                                                                            EXPIRATION DATE THEREOF, THE ISSUING~OMNV                        Ill           EAVOR TO MAIL
 Muskegon Country Club
                                                                                                 30   DAYS WfllTTEN NOTICE TO THE CERTIF          TE H LOE          :.\MED TO THE LEFT,
 ATfN: Mr. Ron Whorton                                                                      BUT FAILURE TO MAIL SUCH NOTICE SHALL               POS~ lf,Jo         IGATION OR LIABILITY
 2801 Lakeshore Drive                                                                       OF    ANY    KIND   UPON   THE   COMPANY,h      s     J.   N s     OR         REPRESENTATIVES,
 Muskegon, Michigan 49441
                                                                             00165       AUTHORIZED REPRESENTATIVE



iA¢:Cii~ofi!s,~qiHil!/kt\ •·;,<; '
933 Terrace Street ·
MuskeQon, Ml 49440
                       OFFICE 231-724-6705
                          FAX 2~1-724-4178   __
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                                                                         ,    At
                                                                          .Jtw-1.
                                                                                  17,; -
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                                                                                WAe
                                                       C1erk'fs Offi~e



                                             From:
Fax:                                         Pages:               -~
Phone:                                       Date:
Re:.                                         CC:

•   Urgent    •   For Review   •   Please Comment        •   Please Reply   •   Please Recycle




                  0 -·
Date:       May 14, 2002
To:         Honorable Mayor and City Commission
from:       City Clerk Gail Kundinger
RE:         Adoption of the Code of Ordinances



SUMMARY OF REQUEST: To adopt an Ordinance enacting a new
code for the City of Muskegon. This Code represents recodification of
our ordinances which had not been done for over twenty five years. It is
our intention to update this book on a regular basis as ordinances are
adopted by this City Commission.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION:. To adopt the ordinance.
                                       ORDINANCE NO . .2fil7

        AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE
        CITY OF MUSKEGON, MICHIGAN; PROV1DING FOR THE REPEAL OF
        CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROV1DING A
        PENALTY FOR THE VIOLATION THEREOF; PROV1DING FOR THE
        MANNER OF AMENDING SUCH CODE; AND PROV1DING WHEN SUCH
        CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

        THE CITY COMMISSION OF THE CITY OF MUSKEGON ORDAINS:

        Section 1. The Code entitled "Code of Ordinances, City of Muskegon, Michigan," published by

Municipal Code Corporation, consisting of chapters 1 through 106, each inclusive, is adopted.

        Section 2. All ordinances of a general and permanent nature enacted on or before December

11, 2001, and not included in the Code or recognized and continued in force by reference therein, are

repealed.

        Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any

ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this

ordinance.

        Section 4. Unless another penalty is expressly provided, every person convicted of a violation

of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof

shall be punished by a fine not to exceed $500.00 and costs of prosecution or by imprisonment for a

period of not more than 90 days, or by both such fine and imprisonment. Each act of violation and each

day upon which any such violation shall occur shall constitute a separate offense. The penalty provided

by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code

section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the

penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive

relief and revocation of licenses or permits.
          Section 5..Additions or amendments to the Code when passed in such form as to indicate the

intention of the city to make the same a part of the Code shall be deemed to be incorporated in the

Code, so that reference to the Code includes the additions and amendments.

          Section 6. Ordinances adopted after December 11, 2001, that amend or refer to ordinances that

have been codified in the Code shall be construed as if they amend or refer to like provisions of the

Code.

          Section 7. This ordinance shall become effective as provided by law.

          This ordinance adopted:

Ayes:     Buie , Gawron, Larson, Schweifler , Shepherd , Spataro, Warmington

Nays: None

Adoption Date: - -5=-~14=-=Q..,..2__

Effective Date: - ~6'--~1...-"""'0.,,,2_ _

First Reading: ___5'--~1~4_-~0=2-

Second Reading: -~N~A~---

                                                CITY OF MUSKEGON

                                                By     Ji:LQ,½
                                                       Gail A. Kundinger
                                                                                    .j
                                                       City Cle_rk
                                           CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,

Michigan, does hereby certify that the foregoing is a trne and complete copy of an ordinance adopted

by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the

 14 tWay of ___,M. , .a,. ,.y___, 2002, which meeting was cpnducted and public notice was given pursuant

to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended.

Dated:          May 14    ,2002

                                                         4w_Q~
                                                       Gail A. Kundinge;,ciic/
                                                       Clerk, City of Muskegon
Date:          May14,2002
To:            Honorable Mayor and City Commission
From:          Community Relations Committee
RIE:           Appointments to Various Committees/Boards



SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee regarding the following:

District Library Board -       Appointment of Jill Montgomery to fill the vacancy that
will be open July 1, 2002 ..
DDNBrownfield -(1) Appointment of Linda Wood (2) Appointment of Margaret
Plichta (3) Reappointment of William Stone. Terms expire 1/31/2006.

Enterprise Community Citizens Council - Extend the terms of those already on the
council to the sunset date of 12/31/2003

Income Tax Board - Reappoint Mary Ann Riters to the board with term expiring
1/31/2005.

Leisure Services Board - Appointment of James Messick to fill the unexpired term
ending 1/31/2003

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

COMMITTEE RECOMMENDATION: Approve the recommendations.

STAFF RECOMMENDATION:               Approve the recommendations from Community
Relations Committee.
  r;;    ~ J1ta,;kt?-J--U/

1~~41:   cl~ }71,~I ~ Li YI~




                                   lv"iAY l   o 2u02
           ~~//11~
                                    MUSKfGOll
             7:3~7'-   0 3'/.3   CIT.Y MANAG,ill'S
                                      Ol'f'IC!!
           FLAG FLYING AT CITY HALL POLICY

A.    Purpose

      To provide a procedure to review and make a
      determination on requests to fly flags at City Hall.

B.    Review Process

     1.   Request

          A request to fly at City Hall must be submitted
          to the City Manager for review and a
          determination. Group requesting must submit
          the request at least two weeks prior to when
          the flag would be raised. The following
          considerations are to be given when reviewing a
          request:

          a)    Appropriateness of the requesting
                organization and flag.

          b)    When more than one request is received for
                the same dates, the firs.t request received
                will be given priority provided it meets
                other criteria of the policy.

     2.   City Commission

          Once a determination is made on a request, the
          Manager will forward the same to the City
          Commission at least one day prior to
          notification to the requesting organization.
          The requirement will be waived if the
          requesting organization does not follow the
          filing timeline and thereby rendering it
          impossible to meet the deadline.

     2.   Appeals

          Any organization may appeal the decision of the
          City Manager to the City Commission. These
                                CITY OF MUSKEGON

                            FLAG PLACEMENT POLICY

                                       2001-139(b)
A.     Purpose

       To provide a procedure to consider requests to the City to fly flags on City owned
       or occupied property or facilities (herein "City property"). The flying of the
       United States of America, State of Michigan, the County of Muskegon and the
       City of Muskegon flags are exempt (except as set forth herein), from this policy
       and can be flown on City property or at City property by authorized City
       employees or officials.

B.     City Control of Flag Placement.

       Except as permitted by the City Commission or City staff members with
       authority, no flag, including "exempt" flags shall be placed on City property by
       any person except authorized city employees or officials. The procedures and
       standards set forth in this policy document shall govern the City's decision to
       permit or deny permission to have a particular flag flown or displayed on City
       property.

       The flying of flags on City property is peculiarly within the prerogatives of the
       City. Flags which are permitted to be flown on City property have the effect of
       representing to the community the City's support for the organization or point of
       view which is represented by the flag. The City reserves the right to refuse or
       terminate the flying of any flag for the reason that unintended endorsements by
       the City shall not result from this policy. It is this concern, together with the
       City's acknowledgement that the flying of flags is ii form of speech, which shall
       guide the City in administering this policy.


C.     Review Process. The Procedure.

       1.     Request

              A request to fly a flag(s) must be submitted in writing to the City Clerk at
              least 30 days prior to when the flag is proposed to be raised. The request
              shall state in writing:

                      a .. All the reasons for the request.

                      b. Describe and display the flag, which shall not be changed in the
                      event permission is given.




G:\EDSI\FILES\00100\08501 l\RESOLUT\9V6160.DOC
                       c. State the name, address, and the names and addresses of all the
                       officers, of the organization submitting the request. Indicate the
                       legal form of organization, and the name and address of the contact
                       person who shall be responsible for the flag's condition and
                       presentation.

                       d. State the period for which the flag is requested to be flown.

                       e. The desired location. (Locations shall be determined by the
                       City based on availability and ability to display the flag without
                       infringing on the display by others, including the City itself).


        2.     City Staff Review

               The City staff will review the request and make a recommendation to the
               City Commission based on the following:

                      a. Appropriateness of the organization and the flag. Flags which
                      support illegal activities, take political positions or support
                      candidates for any office, advocate against City policies or involve
                      obscene language, symbols or activities are prohibited.

                      b.   The number of other flags already approved.

                      c.   The availability of!ocations.

                      d. The time period during which the flag shall be permitted to be
                      flown on City property. No permission shall be given for
                      permanent flag placement. In the event an applicant desires a
                      longer time period than that granted, renewal applications shall be
                      submitted at least 30 days before the end of the initial period in
                      order to afford the City Commission opportunity to decide on the
                      extension.

D.             City Commission Consideration and Decision.

              The City Commission will consider the request after the review and
              recommendation from City staff. The City Commission will consider the
              determination of City staff when making their decision as well as any
              other criteria they deem appropriate, to the extent that the criteria are
              legally and constitutionally supportable. In the event a request is denied by
              the Commission, a decision with the reasons set forth shall be adopted at
              the time of the refusal, and set forth in the minutes in writing as part of the
              motion (or resolution) adopted.




G:\EDSI\F!LES\00100\085011 \RESOLUI\9V6160.DOC
E.      Grant by City Commission; Location and Term

        Any request that is approved will be accomplished by City Commission
        resolution that will include the specific location(s) where the flag(s) can be flown
        and the time period for which the request is granted.

        Policy regarding term.of the permission: No permanent permission shall be
        granted. The City's policy is to favor shorter term flying periods to accommodate
        a reasonable number of requests and avoid unintended endorsements which can
        arise not only by the message of the flag itself, but also by the duration a flag is
        flown other than flags of the City, County, State and the United States.

        Applicants are encouraged to apply for periods of display which are shorter, as
        stated above. However, the Commission will consider periods up to one year for
        flags which represent long term or continuing organizations, activities or public
        (non-political) concerns. More typical will be permission granted for periods of a
        week to thirty days.

       The term of any permission granted shall be subject to the City's determination to
       fly another flag in the location of and instead of the permitted flag in a time of
       emergency or of critical public concern.


F.     Flag Maintenance

       It shall be the responsibility of the requesting organization to maintain the flag( s)
       in good repair. Failure to do so will result in revocation of the permission to fly
       the flag( s). The City shall afford access to the flag for repair and maintenance.

G.     Revocation

       The City Commission shall have the sole discretion to revoke the permission to
       fly a flag permitted under this policy for whatever reasons they deem appropriate
       and which are legally and constitutionally supportable. Claims made by any
       person to whom permission has been granted concerning the import of the City's
       permission to fly a flag which are not intended or acceptable to the City shall be,
       without limitation, grounds for revocation without notice.

       Any revocation of permission before the term permitted has expired shall be
       accomplished by the City removing the flag and notifying the applicant to come
       to the City's offices to retrieve the flag or flags removed. In such case the City
       shall indicate by written memorandum delivered to the applicant the reason(s) for
       revocation.



G:IEDSI\FILES\00100\085011 \RESOLU1\9V6 ! 60.DOC
                                    2001-139(b)
                                  CERTIFICATION


1bis policy was adopted at a regular meeting of the City Commission, held on November
27, 200 I. 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




                                           Gail A. Kundinger, City Cler
Date:      May 6, 2002
To:        Honorable Mayor and City Commission
From:       Public Facilities - Sanitation
Re:        Refuse Cart Purchase 2002



SUMMARY OF REQUEST:
Authorization to purchase 504 refuse carts from Toter Incorporated.
This purchase would restock our inventory of replacement carts we keep
on hand for damaged carts. We are requesting approval for placing the
order now with delivery anticipated in July 2002. We currently have 110
carts in stock.




FINANCIAL IMPACT:
Unit cost per refuse cart $44.37 (504 per truckload)= 22,362.48
2002 Sanitation Department Budget allocated $50,000 for refuse carts
purchase, a second purchase will be made later in the year.




BUDGET ACTION REQUIRED:
This purchase to be charged to the 2002 sanitation budget.
Account# 101-60523-5700 (Capital outlay equipment)




STAFF RECOMMENDATION:
Staff recommends approval of the purchase
 e
To:      Robert Kuhn, DPW Director
From:    Bob Fountain, Special Operations Supervisor
CC:      Ted Russell, Sanitation Coordinator
Date:    05/14/02
Re<      Toter Purchase - replacement garbage carts



Once again we need to purchase another supply of garbage carts. These are used as replacements for
damaged carts and for new customers who need them. Our original cart equipment was put into
service in 1991 and some of these carts are finally wearing out. We are getting good service out of
them, however, and have decided to continue with the Toter™ brand of carts that we have had for over
10 years.

We have investigated a number of brands of garbage carts over the years and have found that the
Toter™ equipment is by far the most durable. Therefore we are purchasing a truckload, 504 carts, from
Toter, Inc. as a sole source. Over the years this company, based in Charlotte, North Carolina, has held
their price to about $45.00 per cart. Last year the price was $44.37 per cart and they are holding to this
price today. The total cost for this order will be $22,362.48.
Date:         May 14, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Southern Ave. Division to Seaway Dr.


SUMMARY OF REQUEST:
The milling & resurfacing of Southern Ave. contract (H-1541) be awarded to Asphalt
Paving out of Muskegon since they were the lowest (see bid tabulation) responsible bidder
with a bid price of $80,585.28.


FINANCIAL IMPACT:
The construction cost of $80,585.28 plus associated engineering cost which is estimated at an
additional 15%.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Asphalt Paving.



COMMITTEE RECOMMENDATION:
                                                                H-1541 SOUTHERN AVE.- DIVISION TO SEAWAY DR. REVISED 3/11/02
                                                                                       BID TABULATION
                                                                                         Aeril 30, 2002
                                                           CONTRACTOR NAME     ASPHALT PAVING CO        THOMPSON MCCULLY                       JACKSON-MERKEY             FELCO CONTRACTORS
                                                                    ADDRESS   1000 E. SHERMAN BLVD           PO BOX 309                         555 E. WESTERN                 874 PULASKI
                                                                     CITY, ST     MUSKEGON, Ml          COMSTOCK PARK, Ml                        MUSKEGON, Ml                 MUSKEGON, Ml
                           ITEM DESCRIPTION                      QUANTITY   UNIT   UNIT PRICE   TOTAL PRICE      UNIT PRICE   TOTAL PRICE     UNIT PRICE   TOTAL PRICE   UNIT PRICE   TOTAL PRICE
1 ADJUST CATCH BASIN CASTING                                        1       EACH     $450.00           $450.00     $500.00         $500.00      $420.00       $420.00      $450.00         $450.00
2   ADJUST MANHOLE CASTING                                          11      EACH     $425.00         $4,675.00     $450.00        $4,950.00     $480.00      $5,280.00     $425.00        $4,675.00
3   ADJUST WATER VALVE BOX                                          2       EACH     $420.00           $840.00     $250.00         $500.00      $375.00       $750.00      $420.00         $840.00
4   BIT LEVELING MIX 3C@ 165#/ SYD                                 450      TON       $51.21        $23,044.50      $51.73      $23,278.50       $56.20    $25,290.00       $54.00      $24,300.00
5   BIT TOP MIX 4C MOD POLYMER ASHALT@ 165#/ SYD                   450      TON       $53.61        $24,124.50      $54.08      $24,336.00       $58.65    $26,392.50       $58.00      $26,100.00
6   COLD MILLING BITUMINOUS SURFACE, 3"                            5152     SYD        $1.94         $9,994.88       $1.75       $9,016.00        $1.90      $9,788.80       $2.65      $13,652.80
7   CATCH BASIN CASTIN E.J. 5105 OR EQUAL                           1       EACH     $490.00           $490.00     $500.00         $500.00      $595.00       $595.00      $490.00         $490.00
8   CONCRETE CURB, 6" X 14"                                        50       L FT      $12.50           $625.00      $15.00         $750.00       $14.30       $715.00       $29.00       $1,450.00
9   CONCRETE CURB AND GUTTER, F-4 MODIFIED                          4       L FT      $25.00           $100.00      $50.00         $200.00       $27.50       $110.00       $65.00         $260.00
10 CONCRETE SIDEWALK,           4M                                 550      S FT       $2.50         $1,375.00       $2.60       $1,430.00        $2.80     $1,540.00        $3.90       $2,145.00
11 MANHOLE CASTING E.J. # 1000 OR EQUAL                             5       EACH     $505.00         $2,525.00     $525.00       $2,625.00      $590.00     $2,950.00      $505.00       $2,525.00
12 PAVEMENT PREPARATION                                           14.54     STA     $300.00          $4,362.00     $285.00       $4,143.90      $290.00     $4,216.60      $325.00       $4,725.50
13 PAVT MRKG, TYPER. 4", YELLOW.TEMP                               60       L FT       $3.00          $180.00        $3.00         $180.00        $1.15        $69.00        $4.90         $294.00
14 PAVT MRKG, WATERBORNE.4",YELLOW                                 375      L FT       $1.50          $562.50        $1.00         $375.00        $1.50       $562.50        $4.80       $1,800.00
15 RECONSTRUCTING MANHOLES                                          2       VFT     $135.00           $270.00      $550.00       $1,100.00      $510.00     $1,020.00      $135.00         $270.00
16 REMOVING CONCRETE CURB                                          50       L FT       $9.35          $467.50       $10.00         $500.00       $16.00       $800.00        $9.35         $467.50
17 REMOVING CONCRETE CURB AND GUTTER                                4       L FT     $12.35            $49.40       $10.00          $40.00       $20.00        $80.00       $12.35          $49.40
18 REMOVING CONCRETE SIDEWALK                                      400      S FT       $2.80         $1,120.00       $6.00       $2,400.00        $1.70       $680.00        $2.80       $1,120.00
19 TRAFFIC CONTROL                                                  1       LUMP   $4,150.00         $4,150.00 $4,000.00         $4,000.00 $6,975.00        $6,975.00    $5,000.00       $5,000.00
20 WATER VALVE BOX, COMPLETE                                        2       EACH    $590.00          $1,180.00    $450.00          $900.00     $490.00        $980.00     $590.00        $1,180.00

                                                         TOTAL                                     $80,585.28                   $81,724.40                 $89,214.40                   $91,794.20




    4J30J02 3:11 PM Southern Bid Tabulation.xis Sheet1
H-1541 SOUTHERN AVE.- DIVISION TO SEAWAY DR. REVISED 3/11/02



                        ITEM DESCRIPTION                       QUANTITY     UNIT   UNIT PRIG      TOTAL PRICE

  1   ADJUST CATCH BASIN CASTING                                           EACH         $400.00        $400.00
  2   ADJUST MANHOLE CASTING                                      11       EACH         $400.00      $4,400.00
  3   ADJUST WATER VALVE BOX                                       2       EACH         $300.00        $600.00
  4   BIT LEVELING MIX 3C@ 165#/ SYD                             450        TON          $32.00     $14,400.00
  5   BIT TOP MIX 4C MOD POLYMER ASHALT@ 165#/ SYD               450        TON          $38.00     $17,100.00
  6   COLD MILLING BITUMINOUS SURFACE, 3"                       5152        SYD           $3.00     $15,456.00
  7   CATCH BASIN CASTIN E.J. 5105 OR EQUAL                        1       EACH         $400.00        $400.00
  8   CONCRETE CURB, 6" X 14"                                     50        L FT         $15.00        $750.00
  9   CONCRETE CURB AND GUTTER, F-4 MODIFIED                       4        L FT         $20.00         $80.00
 10   CONCRETE SIDEWALK, 4"                                      550        S FT          $3.00      $1,650.00
 11   MANHOLE CASTING E.J. # 1000 OR EQUAL                         5       EACH         $400.00      $2,000.00
 12   PAVEMENT PREPARATION                                      14.54       STA         $200.00      $2,908.00
 13   PAVT MRKG, TYPE R, 4", YELLOW,TEMP                          60        L FT          $4.00        $240.00
 14   PAVT MRKG, WATERBORNE,4",YELLOW                            375        L FT          $1.00        $375.00
 15   RECONSTRUCTING MANHOLES                                      2        VFT         $350.00        $700.00
 16   REMOVING CONCRETE CURB                                      50        LFT          $12.00       $600.00
 17   REMOVING CONCRETE CURB AND GUTTER                           4         LFT          $12.00         $48.00
 18   REMOVING CONCRETE SIDEWALK                                 400        S FT          $2.00       $800.00
 19   TRAFFIC CONTROL                                              1       LUMP       $5,000.00      $5,000.00
 20   WATER VALVE BOX, COMPLETE                                   2        EACH         $350.00       $700.00


                                                                          SUB-TOTAL                 $68,607.00
                                                                          15% ENGINEERING           $10,291.05
                                                                          TOTAL                     $78,898.05
Date:        May 14, 2002
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Harvey St.., Keating to South End


SUMMARY OF REQUEST:
The construction of Harvey St. (including sanitary sewer) contract (H-1545 & S-568) be
awarded to Jackson Merkey contractors out of Muskegon since they were the lowest (see
bid tabulation) responsible bidder with a bid price of $170,939.80.


FINANCIAL IMPACT:
The construction cost of $170,939.80 plus associated engineering cost which is estimated at
an additional 15%.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Jackson Merkey Contractors.



COMMITTEE RECOMMENDATION:
                                                                 H-1545 & S-568 HARVEY ST. 1700' SOUTH OF KEATING TO KEATING
                                                                                              BID PROPOSAL
                                                                                                 May 7, 2002
                                                      CONTRACTOR           JACKSON.MERKEY                      FELCO                    DIVERSIFIED                LAKESIDE                    WADEL
                                                         ADDRESS           555 E WESTERN AVE              874 PULASKI AVE               6775 HARVEY             13840172NDAVE             2500 OCEANA DR
                                                               CITY/ST         MUSKEGON, Ml                MUSKEGON, Ml               SPRING LAKE, Ml           GRAND HAVEN, Ml               HART, Ml

                  DESCRIPTION                         QUANTITY    UNIT     UNIT PRICE    TOTAL PRICE   UNIT PRICE   TOTAL PRICE    UNIT PRICE   TOTAL PRICE    UNIT PRICE   OTAL PRIC    UNIT PRICE   OTAL PRIC

1 ADJUST CATCH BASIN CASTING                             3       EACH          $435.00     $1,305.00     $400.00       $1,200.00     $333.00        $999.00      $350.00     $1,050.00     $400.00     $1,200.00
2    ADJUST MANHOLE CASTING                              1       EACH          $475.00       $475,00     $400.00        $400.00      $300.00        $300.00      $350.00      $350.00      $400.00      S400.00
3    ADJUST WATER VALVE CASTING                          1       EACH          $430,00       $430.00     $280.00        $280.00      $400.00        $400.00      $350.00      $350.00      $200.00      $200,00
4    AGGREGATE BASE COURSE 22A                           15       TON           $24.00       $360.00      $36.00        $540.00       $25.00        $375.00       $15.00      $225.00       $16.00      $240.00
5    AGGREGATE BASE COURSE22A@8" C.1.P.                 196D     SQ.YD           $5.10     $9,996.00       $7.15      $14,014.00       $8.00      $15,680.00       $7.00 S13,720.00          $5.55 $10,878.00
6    AGGREGATE BASE WIDENING 22A@8" C.I.P.              eoo      SQ.YD           $7.60     $4,560.00       $7.40       $4,440.00       $8.50       $5,100.00       $8.00     $4,800.00      $15.00     $9,000.00
7 BENDS D.C.I. 8" 22112° M.J.                            1       EACH          $250.00       $250.00     $180.00        $180.00      $300.00        $300.00      $225.00      $225.00      S250.00      $250.00
8    BIT. WIDENING MIX JC @22D#IS.Y.                     62       TON           $62.00     $3,844.00      S66.00       $4,092.00      $71.00       S4.402.00      S62.00     $3,844.00      $62.00     $3,844.00
a    BIT. LEVELING MIX JC@ 165#/S.Y.                    206       TON           S38.45     $7,920.70      $39.60       $8,157.60      $44.00       S9,064.00      S40.00     $8,240.00      $38.45     $7,920.70
1D BIT. TOP MIX4C   ~   165#/S.Y.                                 TON           S39.65    $17,723.55      $40.95      $18,304.65      $49.00      $21,903.00      $40.00 $17,880.00
11   CAPD.C.l.8"M.J.W/2"TAP
                                                        '"
                                                         1        EACH         $120.00       $120.00     $150.00        $150.00      $500.00        $500.00      $200.00      $200.00
                                                                                                                                                                                            $39.65 $17,723.55

                                                                                                                                                                                           S300.00      $300.00
12 CATCH BASIN CASTING E.J.#5105 OR EQUAL                3       EACH          $495.00     $1,485.00     $470.00       $1,410.00     $500.00       $1,500.00     $500.00     $1,500.00     S750.00     $2,250.00
13 CONC. CURB & GUTTER F-4 MOD.                          so      LIN. FT        $19.00       $570.00      S38.00       $1,140.00      $40.00       $1,200.00      $25.00      $750.00       $50.00     $1,500.00
                                                                                $34.00       $816.00      S35.00        $840.00       $40.00        S960.00       $40.00
14 CONC. SPILLWAY 6" PER DETAIL

15 EXCAVATION
                                                         "
                                                        658
                                                                 SQ.YD.

                                                                 CU.YD.         $13.90     $9,146.20       $6.15       $4,046.70      S10.00       $6,580.00      $15.00
                                                                                                                                                                              $960.00

                                                                                                                                                                             $9.870.00
                                                                                                                                                                                            $35.00

                                                                                                                                                                                            $12.00
                                                                                                                                                                                                        $840.00
                                                                                                                                                                                                       $7,896.00
16 LOWERING EXISTING 2" COPPER WATER SERVIC              1        EACH         $210.00       $210.00     $380.00        $380.00    $1,250.00       $1,250.00     $375.00      $375.00    $1,500.00     $1,500.00
17 MANHOLE CASTING E.J,#1000 OR EQUAL                    6        EACH         $545.00     $3,270.00     $410.00       $2,460.00     $500.00       S3,000.00     $400.00     $2,400.00     $600.00     $3,600.00
18 MANHOLE STD. 4' I.D. 0' TO 10' DEEP                   6        EACH       $1,635.00     $9,810.00   $1,950.00      $11,700.00   $2.000.00      $12,000.00   S1 ,500.00    $9,000.00   $2.000.00 $12,000.00
19 PAVEMENT PREPARATORY WORK                            8.28      STA.         $275.00     $2.2TT.OO     $350.00       $2,898.00     $300.00       $2,484.00     $500.00     $4,140.00     $250.00     $2.070.00
20 PIPE INSULATION PER DETAIL                           380      LIN.FT.         $4.00     $1,520.00       $2.09        $794.20        $4.00       $1,520.00       $5.00     $1,900.00       $3.50     $1,330.00
21   RELOCATE HYDRANT                                    1        EACH         $675.00       $675.00   $1,050.00       $1,050.00   $1.800.00       $1,800.00   $1,000.00     $1,000.00   $2,000.00     $2,000.00
22 REMOVING CONC. CURS & GUTTER                          88      LIN.FT.         $5.00       $440.00       $4.90        $431.20       $10.00        S880.00        $7.00      $616.00        $6.00      $528.00
23 REMOVING TREES B"TO 12"                               1        EACH         $150.00       $150.00     $600.00        $600.00      $500.00        $500.00      $225.00      $225.00      $450.00      $450.00
24 SANITARY SEWER SERVICES" C700 ES VIT. W / PLUG        35      LIN. FT        $32.00     $1,120.00      S29.00       $1,015.00      $40.00       $1,400.00      $25.00      $875.00       $26.00      $910.00
25 SANTITARY SEWER 12" D.C.I. CL.52                      58      LIN. FT        $62.00     $3,596.00      $38.00       $2,204.00     $175.00      $10,150.00      $55.00     S3,190.00      $40.00     $2,320.00
26 SANTITARYSEWER 12"C700ESVIT.                         1467     LIN. FT        $35,75    $52.445.25      S36.00      $52,812.00      $35.00      S51.345.00      $50.00 $73,350.00         $38.00 $55,746.00
27 TERRACE GRADING                                      1750     LIN. FT         $8.15    $14,262.50       $8.05      $14,087.50       $8.00      $14,000.00       $9.00 $15,750.00         $15.00 $26,250.00
28 TRAFFIC CONTROL                                       1        LUMP       $3,975.00     $3,975.00   $4,000.00       $4,000.00   $7,000.00       $7,000.00   $5,000.00     $5,000.00   $5,000.00     $5.000.00
                                                                                 $3.60     $3,099.60       $3.10       $2,669.10       $5,00       $4,305.00       $5.00 $4,305.00           $4.75     $4,089.75
29 TRENCH REPAIR LAWN REHAB
                                                        '"
                                                        ,ao
                                                                 LIN.FT.

                                                                                 $8.50     $4,165.00      $10.15       $4,973.50       $8.00       $3,920.00
30 TRENCH REPAIR LOCAL STREET TYPE V                             LIN.FT.                                                                                          $15.00 $7,350.00          $22.00 $10,780.00
31   TRENCH ER PAIR MAJOR STREET TYPE Ill               188      LIN. FT        $47.00     $8,883.00      $74.00      $13,986.00      $13.50       $2,551.50      $40.00 $7,560.00          $36.00     $6,804.00
32 WATERMAIN 8" D.C.I. CL. 52                            30      LIN. FT        $38.00     $1,140.00      $29.00        $870.00       $45.00       $1,350.00      $25.00      $750.00       $50,00     $1,500.00
33 WATER VALVE BOX & COVER COMPLETE                      2        EACH         $450.00       $900.00     $450.00        $900.00      $400.00        $800.00      $200,00      $400.00 $1.500.00        $3,000.00


                                       HARVEY TOTAL                                       170,939.80                  177,025.45                  189,518.50                202.150.00                204,320.00
                                                 ,o
                                                 "
          H-1545 & S-568 HARVEY ST. 1700' SOUTH OF KEATING TO KEATING
                                       STREET & SEWER IMPROVEMENTS
                                              ENGINEER'S ESTIMATE APRIL 09, 2002
                                DESCRIPTION                        icil.JANTITY[                       UNIT       PRICE          PRICE
1    ADJUST CATCH BASIN CASTING                                    -----                      3i       EACH        $300_00          $900.00
2    ADJUST MANHOLE CASTING                                                                   1   l                $350.00          $350.00
 3   ;ADJLJSTWATER VA~_\l_(::__<;:/l.~TING                                                                         $300.00          $30000
                                                                           ····················1·. !
4    ;AGGREGATE BASE COURSE 22A                                                        15        TON                $20_00          $300.00
5    AGGREGATE BASE COURSE 22A@ 8" C.I.P.                                            1960      SQ.YD.                $6_00      $11,76.ooo.. _
6    AGGREGATE BASE WIDENING 22A@8" C.I.P.                                            600      SQ.YD.               $12.00       $7,200.00
7    BENDS D.C.I. 8" 22 1/2° M.J.                                                        1 EACH                    $200.00        . $20000
8    BIT. WIDENING MIX 3C@ 220#/S.Y.                                                   62! TON                      $50.00       $3,100.00
9    BIT. LEVELING MIX 3C@ 165#/S.Y.                                                  206        TON                $35_00       $7,21000
10   'BIT. TOPMIX4C@165#/S.Y.                                                         447        TON                $40.00      $17,BBIJOIJ_
11   CAP D.C.I. 8" M.J. W / 2" TAP                                                       1 EACH                -- J20.000         . $20000
12   CATCH BASIN CASTING E.J.#5105 OR EQUAL                                              3• EACH                   $550.00       $1,650_00
13   CONG. CURB & GUTTER F-4 MOD.                                                      30i LIN. FT.                 $15.00          $450_00
14   CONG. SPILLWAY 6" PER DETAIL                                                      24! SQ.YD.                   $30.00          $720.00
15   EXCAVATION                                                                       658! CU.YD.                   $10.00      _$6,58000
16   LOWERING EXISTING 2" COPPER WATER SERVICE                                           1! EACH                   $450_00          $450_00
17   MANHOLE CASTING E.J.#1000 OR EQUAL                                                  6      EACH               $500_00       $3,000_00
18   MANHOLE STD. 4' 1.D. 0' TO 10' DEEP                                                 6      EACH             $1,500.00       $9,0IJO.OO
19   PAVEMENT PREPARATORY WORK                                                       8.28       STA.          - -- - ~25.000     $2,01000
20   PIPE INSULATION PER DETAIL                                                       380 LIN. FT.                     $1.50       $570.00
21   RELOCATE HYDRANT                                                                           EACH              $1,50000       $1,50000
22   REMOVING CONG. CURB & GUTTER                                                      BB! LIN.FT.                     $8.00       $704.00
23   REMOVING TREES 8" TO 12"                                                                   EACH                 $200 00       $200 00
24   SANITARY SEWER SERVICE 8" C700 ES VIT. W / PLUGS                                  35 LIN. FT.                    $30_00     $1,050.00
25   SANTITARY SEWER 12"       o.c.r. Cl.52                                            58 LIN. FT.                    $50.00    _$2,900 00
26   SANTITARY SEWER 12" C700 ES VJT.                                               1467 LIN. FT.                     $45.00   -~66,01500
27   TERRACE GRADING                                                                1750[ LIN. FT.                     $8.00    $14,000.00
28   TRAFFIC CONTROL                                                                     1     LUMP             $10,000.00      $10,000_00
29   TRENCH REPAIR LAWN REHAB                                                        861       LIN.FT.                $10.00     $8,610,00
30   TRENCH REPAIR LOCAL STREET TYPE V                                               490 LIN.FT.                      $20.00     $9,800.00
31   TRENCH ERPAIR MAJOR STREET TYPE Ill                                              189 LIN. FT.                    $55.00    $10,395,00
32   WATERMAIN 8" D.C.I. CL 52                                                         30! LIN. FT.                   $30.00       $900.00
33   WATER VALVE BOX & COVER COMPLETE
                                                                                    ------····
                                                                                               EACH                  $350 00     . $7000_()

                                                    SUBTOTAL                                                                   $2_00,664.00
                                              15% ENGINEERING                                                                   $30,099.60
                                                        TOTAL!                                                                 $230,76360
Date:         May 14, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:          Consideration of Bids
             Ridge Ave. Cumberland to Glenside


SUMMARY OF REQUEST:
The resurfacing of Ridge Ave. contract (H-1554) be awarded to Felco Contractors out of
Muskegon since they were the lowest (see bid tabulation) responsible bidder with a bid
price of $66,034.95


FINANCIAL IMPACT:
The construction cost of $66,034.95 plus associated engineering cost which is estimated at an
additional 15%.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Felco Contractors.



COMMITTEE RECOMMENDATION:
                                                                     H-1554 RIDGE AVE. CUMBERLAND TO GLENSIDE
                                                                                   BID TABULATION
                                                                                      May 1, 2002

                                                        Contractor   LAKESIDE CONSTRUCTION       FELCO CONTRACTORS          JACKSON-MERKEY           WADEL STABILIZATION                DIVERSIFIED        I
                                                          Address      13840 172nd AVENUE          874 PULASKI AVE           555 E. WESTERN             2500 OCEANA DR                 6775 HARVEY
                                                           City/St      GRAND HAVEN, Ml             MUSKEGON, Ml              MUSKEGON, Ml                   HART, Ml                 SPRING LAKE, Ml      I
                                                                     -· ·"                                                 _... '                                                 ~    "
                  DESCRIPTION                     UANTI      UNIT    PRICE     TOTAL PRICE      UNIT PRICE OTALPRIC        PRICE      TOTAL PRIC     PRICE     TOTAL PRICE        PRICE       OTAL PRlC

1 ADJUST MANHOLE CASTING                            2       EACH     $400.00         $800.00       $475.00     $950.00     $490.00        S980.00    $400.00            $800.00   $250.00        $500.00

2 AGGREGATE BASE COURSE 22A@ 6" C.1.P.             209     SQ.YD      $10.00        $2,090.00        $6.95    $1,452.55       $9.35      $1,954.15    $12.00        $2,508.00         $7.50    $1,567.50

3 BIT LEVELING MIX 3C@ 220#/S.Y.                   190      TON       $42.00        $7.980.00       $43.15    $8,198.50     $45.00       $8,550.00    $41.10        $7,809.00      $51.00      $9,690.00

4 BIT. TOP MIX 4C@ 165#/S.Y.                       145      TON       $50.00        $7,250.00       $52,00    $7,540.00     $53.20       $7,714.00    $48.36        $7,012.20      $55.00      $7,975.00

5 CATCH BASIN CASTING E.J.#7065 W/M I GRATE ORE     1       EACH     $500.00         $500.00       $625.00     $625.00     $585.00        $585.00    $600.00            $600.00   $500.00        $500.00

6 CATCH BASIN STD.                                  1       EACH $1,000.00          $1,000.00    $1,200.00    $1,200.00   $1,470.00      $1,470.00 $1,000.00        $1,000.00 $1,000.00        $1,000.00

7 CONC. BASE COURSE 6"                             146     SQ.YD      $29.00        $4,234.00       $22.50    $3,285.00     $30.00       $4,380.00    $31.00        $4,526.00      $27.00      $3,942.00

8 CONC. CURB & GUTTER STD. DETAIL #3              1381     LIN.FT      $8.50       $11,738.50        $8.40   $11,600.40       $9.45     $13,050.45    $10.00       $13,810.00      $14.00     $19,334.00

9 CONC. DRIVE APPROACH 6"                          158     SQ.YD      $32.00        $5,056.00       $26.05    $4,115.90     $30.80       $4,866.40    $35.00        $5,530.00      $27.00      $4,266.00

10 EXCAVATION                                      100     CU.YD      $25.00        $2,500.00       $13.50    $1,350.00     $17.50       $1,750.00    $30.00        $3,000.00      $10.00      $1,000.00

11 MANHOLE CASTING E.J.#1000 OR EQUAL               1       EACH     $350,00         $350.00       $425.00     $425.00     $590.00        $590.00    $600.00            $600.00   $400.00        $400.00

12 MEMBRANE REINFORCEMENT                          1625 SQ.YD          $2.00        $3,250.00        $2.70    $4,387.50       S2.20      $3,575.00     $2.00        $3,250.00         $2.25    $3,656.25

13 PAVEMENT PREPARATORY WORK                       6.38     STA. $1,000.00          $6,380.00      $390.00    $2,488.20    $330.00       $2,105.40   $300.00        $1,914.00     $350,00      $2,233.00

14 REMOVING CONC. DRIVE APPROACH                   252     SQ.YD      $10.00        $2,520.00        $9.80    $2,469.60       $9,75      $2,457.00     $6.00        $1,512.00         $8.00    $2,016.00

15 REMOVING PAVEMENT                               219     SQ.YD      $10.00        $2,190.00        $9.80    $2,146.20       $6,90      $1,511.10     $8.00        $1,752.00         $6.00    $1,314.00

16 STORM SEWER 10" SOR 35 PVC                      45       !N. FT    $50.00        $2,250.00       $32.00    $1,440.00     $24.50       $1,102.50    $55.00        $2,475.00      $28.00      $1,260.00

17 TERRACE GRADING                                 691      !N. FT    $10.00        $6,910.00       $12.10    $8,361.10       $9.90      $6,840.90    $10.00        $6,910.00         $8.00    $5,528.00

18 TRAFFIC CONTROL                                  1       LUMP $2,500.00          $2,500.00    $4,000.00    $4,000.00   $8,475.00      $8,475.00 $3,000.00        $3,000.00     $750,00        $750.00



                                   RIDGE TOTAL                                     $69,498.50                $66,034.95                 $71,956.90                 $68,008.20                 $66,931.75
                        H-1554 RIDGE AVE. CUMBERLAND TO GLENSIDE

                                        STREET IMPROVEMENTS
                                        ENGINEER'S ESTIMATEMARCH22,2002
                           DESCRIPTION                       QUANTITY;      UNIT         PRICE        PRICE
     ADJUST MANHOLE CASTING                                         2i     EACH            $350.00      Eoo,oo
2    !AGGREGATE BASE COURSE 22A@ 6" C.I.P.                        209i    SQ.YD.             $6.00    $1,254.00
3    /BIT. LEVELING MIX 3C@ 220#/S.Y.                             190!      TON             $35.00    ~6,650,00
4    !BIT. TOP MIX 4C@ 165#/S.Y.                                  145:      TON             $40.00    $5,80()00j
5    iCATCH BASIN CASTING E.J.#7065 W/M I GRATE OR EQUAL            1:     EACH            $550.00      $550.00 i
6    CATCH BASIN STD.                                               f      EACH          $1,400.00    $1,400.00
7    ·coNC. BASE COURSE 6"                                        146'    SQ.YD.            $25.00    $3,650.00
8    CONG. CURB & GUTTER STD. DETAIL #3                          1381     LIN.FT.           $10.00   $13,810.00
9    CONG. DRIVE APPROACH 6"                                      158     SQ.YD.            $25.00    $3,950,()()j
10   EXCAVATION                                                   100     CU.YD.            $10.00    $1,00()000 /
11   MANHOLE CASTING E.J.#1000 OR EQUAL                             1      EACH            $500.00      $500,00
12   MEMBRANE REINFORCEMENT                                      1625!    SQ.YD.             $2.00    $3,250.00_
13   PAVEMENT PREPARATORY WORK                                   6.38       STA.           $250.00    $1,595.00
14   REMOVING CONG. DRIVE APPROACH                                252'    SQ.YD.            $10.00    $2,520,00
15   REMOVING PAVEMENT                                            219     SQ.YD.            $10.00    $2,1~().()0/
16   STORM SEWER 1O" SDR 35 PVC                                    45     LIN. FT.          $30.00    $1,350.00
17
18
     TERRACE GRADING
     TRAFFIC CONTROL
                                                                  691
                                                                    1
                                                                          LIN. FT.
                                                                           LUMP
                                                                                     r
                                                                                     I
                                                                                            $10.00
                                                                                         $5,00000
                                                                                                      $6,910.00
                                                                                                      $5,000.00
                                                                                                         - --·--   -·--·
                                                SUBTOTAL                                             $62,079.ClO
                                          15% ENGINEERING                                             $9,311.85
                                                    TOTAL!                                           $71,390.85
Date:         May 14, 2002
To:           Honorable Mayor and City Commissioners
from:         Engineering
RE:           Request for Encroachment Agreement
              Olfthoff, Black Creek to Sheridan




SUMMARY OF REQUEST:
Reid Tool Supply Company has submitted has submitted the attached encroachment
agreement form requesting your permission to install conduit and fiber optic cable in north
side of Olthoffs R-O-W between Sheridan & Black Creek Rd. (see attached map).



FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.




COMMITTEE RECOMMENDATION:
                                                                                                   --   ~~Mnl'IC:n   NUM\.,;t\U::::l!:::i   is. .JUUU- i   l""age   1

Feb-04-02 04:44P                                                                                                                                                        P.Ol.



                                                                                                                                                       2002-58(m)

                                                                        CITY OF MUSKEGON
                                                    ENCROACHMENT AGREEMENT AND PERMIT
                         THIS AGREEMENT is made and entered into this                                      14th day of_...,Ma""'y'--_ _ 20__ig_, by

              and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and

              _,,RE......,I,.,Dc......T_,.O,,.,O""L'---"'S"'U'='P'='P-"'L""-Y...,,.C,..OeMP'"'A"'N"'-Y-=------- (hereinafter called LICENSEE).

                                                                                  RECITALS
                         1. LICENSEE pf()poses to install, repair or maintain improvements or facilities ("the

              encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or

              owned by the City of Muskegon, the encroachment being described as

                laying a fiber optic cable



                         2. The City-owned or controlled property (herein "property") subject to the encroachment is

              described as:

              (please insert a general description, and if required by the city, an accurate legal description]

                City owned utility easement running along the north side of
                Olthoff Drive

                         3. The City is willing to grant such privilege upon the terms and conditions herein. This

              agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to

              any encroachment on public ways or property.

                         THEREFORE,

                         I.         City does hereby grant unto LICENSEE the privilege of_constructing, _X~-

              installing, ...2L..maintaining, _ _:Xe:...._ repairing _ _ performing all necessary functions relating to the

              encroachment, and for that purpose to enter the property, for the term hereing stated. This

Post-It" Fax Note                7671       Outs
To                                          From
                                            t.:o.                                          I
Pllaflt~ ti                                 Phon• N
Fax•                                        r,..,
Feb-p4-02
,·
               04:44P                                                                                           P . 02




     privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only

     after approval of this agreement by the City Commission and delivery to the City of the required

     evidence of insurance coverages.

              This grant is subject to the following special conditions:    S<-<-   .:lv..f r   KMe,,, ha {



              2.     That LICENSEE shall pay to the City for the privilege hereby granted the sum of ....,

     ---~----2._....S:_____ Do11ars ($                    ;ff' J,   n. such payment to be made upon the
     signing of this agreement to be dated as of the ...J.ilhday of _ _"'"'M=a.....
                                                                              v_ _ _ _ 20_Q2_, to the City

     Treasurer ofthc City of Muskegon, and the privilege hereby granted shall continue for a period to
                                      ~OcJ7 ~
     terminate the first day of May, 2022. unless sooner terminated as hereinafter provided.

              3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR

     of and from any liability for claims, damages, costs, expenses, or fees, including any attt;,mey fees, or

     fines or awards brought against or charged to the city by any person, finn or corporation on account of

     or arising from the privilege hereby granted to LICENSF.F. or the activities of Lhe LICENSEE related

     to.the encroachment or this privilege. This indemnification obligation shall include all liabilities for

     environmental damage or releases of hazardous substances subject to any governmental or third party

     action. "Hazardous substance" is defined a.-. any material constituting a prohibited or regulated

     substance under·governmental law, rule, statute or regulation in force at any time. including future

     times.

              4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as arc

     satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan,

     naming City as an additional insured on any such policy. LICENSEE will         me with


                                                           2
  Received:        2/   4/02   4:19PM;                           ->   WARNER NORCROSS   &   JUDD-;   Page 3

Peb-04-02 04:44P                                                                                              PC03




     City certificates or policies evidencing such insurance coverage. The insurance policies or certificates

     shall provide that the City shall be given thirty days written notice before a cancellation or change in

     coverage may occur. The types of coverage and coverage limits to be required shall be as follows:




              S.        BONDING. Before tbis agreement/permit becomes valid, LICENSEE shall file with the.

     city a bond conforming with the requirements of any ordinance, and shall keep same in force during

     the entire term of this agreement.

              6.        The privilege hereby granted may be canceled and revoked by the CITY at any time

     upon giving said LICENSEElify~Yof~?Jen notice of such cancellation and revocation.

              7.        LICENSEE may surrender up the privilege hereby granted at any time upon giving

     notice in writing to tbe city _..,l.,,Oe-_ days prior to such surrender; provided, however, that upon the

     voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof

     by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area

     of encroachment and restore the property at I ,TCENSEE'S expense and in a manner satisfactory to City

     and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in

     such restoration.

              8.        That should said LICENSEE fail or refuse to conform to any of the conditions on its

     part to be performed hereunder, the privilege hereby granted shall immediately terminate and become

     null and void.




                                                           3
   Received:        :2 /   4 / 0:2   4 : 1 QPM;                       ->   WARNER NORCROSS & JUDD-;     Page 4

FoG!b-0"4-02     04: 44P                                                                                            P.04




               9.           This agreement shal be binding upon the respective heirs, representatives, successors

      and assigns of the parties hereto.




      Witnesses:                                                           CITY OF MUS


      L. / nJq       / or-t-tr




                                                                           And   ~       L ~jN
                                                                           Gw'/ /fu/ldtg;eer , Clerk


                                                                           LICENSEE:
                                                                           REID TOOL SUPPLY COMPANY




                                                                4
                            SUPPLEMENTAL CONDITIONS




1-   The grantee shall be fully responsible for the maintenance of the cables/conduits
     and any removal or relocation that becomes necessary to facilitate other public
     improvements within the right of way.

2-   Grantee will be responsible to maintenance and upkeep, for the duration of this
     agreement, a valid insurance coverage satisfactory to the City.

3-   If approved (by City Commission), a permit to work in the right of way must be
     obtained from the Engineering Department before any work begins.

4-   It shall be the responsibility of the owner ensure that these facilities are a part of the
     miss dig system at all times.
                •        FIBER SERVICES, INC.

May 3, 2002



Attention: City Commission
933 Terrace
PO Box536
Muskegon,MI 49443

Dear Commissioners;

On behalf of Reed Tool Company I.S. Fiber Services will act as the construction
company who will be installing an innerduct/conduit with copper and fiber optic cable
facilities for voice and data communication purposes.

The facilities will be buried at a minimum of 36" in depth. They will be bored
underground via directional bore method. This method is suitable for this type of
installation and will result in the very least restoration of existing grass and soil. The
facilities will be buried in the utility easement some 14.5' to 24.5' from the curb of
Olthoff Rd. The exact location is to be determined and provided on an as-built or cad
drawing.

The facilities will be placed off of Olthoff Rd. between Black Creek and Sheridan. The
buildings being connected are located at 2226 Olthoff and 2400 Olthoff.

All City, County, State, Osha, and MDOT standards will be adhered to for this type of
installation.

If you have any further questions, please contact me at 616-218-9190.

Sincerely,          f)
  ~D- ~ti
Tim Onstott
l.S. Fiber Services




               881 Sand Lake Drive• Zeeland, MI 49464 • (616) 748-1595
  May 6, 2002


  City of Muskegon
  933 Terrace St
  Muskegon, MI 49442


  To Whom It May Concern:

  Reid Tool Supply Company (Reid) has contracted with Wiseman Enterprises, Inc.
  (Wiseman) to install fiber optic and copper cable. The cables are to be installed between
  2246 Olthoff Dr. and 2400 Olthoff Dr.

  Reid will assume full responsibility and ownership for the installed cables upon
  completion of the contract with Wiseman and will carry the necessary property damage
  and liability insurance.

  If you should have any further question please feel free to contract me at 767-3704 or
  rgoodwin@reidtool.com.



  s:::,/$.YJ-
ihard W. Goodwin
  Chief Financial Officer




                  2265 Black Creek Road• Muskegon, Michigan 49444-2684
          Phones: 800-253-0421 • 231-777-3951 • FAX: 800-438-1145 • 231-773-4485
                   Web Site: www.reidtool.com • E-Mail: mail@reidtool.com
FROM :JS FIBER SERVICES                            FAX NO, :616-748-1595                                         May,    05 2002 08:47AM P2



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                                                                                                 FAX NO. 616 3239794                                                       p,         02
      MAY-01-2002 WED 04:28 PM BURNHAM INSURANCE
                                                                                                                                                                               DATe (MM/Dll/YY)
      ACORD_                   CERTIFICATE OF LIABILITY INSU ~NC~I8;!~ c~                                                                              05/01/02
 PROl>UCIII                                                                                   THIS CERTIFICATE I           ISSUED AS A MATTER OF INFORMATION
                                                                                              ONLY AND CONFER              NO RIGHTS UPON THE CERTIFICATE
- Burnham Insurance Group                                                                     HOLDER, THIS CER"           FICATE DOES NOT AMEND, EXTENO OR
  PO Bex 790                                                                                  ALTER THE COVEAJ            ~E AFFORDED BY THE POLICIES BELOW.
 Portage MI 49081
                                                                                                                 INSI RERS AFFORDING COVERAGE
 Phone:616-323-1900                       Fax:616-323-9794
                                                                                          1NsURERA:        Weatpo ·t Insurance Corp.
                    Reid Tool S~pply COIJIPany                                            INSUAI!••:       I.eaion Indamnitv ColD!)any
                        Induaqia~ Supply
                    lti§
                    RTS
                         GoodJu.n
                    226 BlacJt CrHI< Rd
                                                                                          1Nsu... c:
                                                                                          tNSUReR D:
                                                                                                           Chubb I rouc 0£ Ina C'--'o~mpa~~n=ciccec.s~----
                    Mus    egon MI 49444
                    I                                                                     INSURERE!\
 COVERAGES
     THE POLICIES OF INSURANCE LISTED BELOW HAVE BESN 1ssueo TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICA.TEO. NOTWfTHSTANOING
     AAY REQUU\EMENT, TERM OR CONDmON OF M('( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHtci't THIS CERTll lCAtE MAY SE ISSUED OR
     MAY PERTAIN, Ttte INSURANCE AFFORDED BY THE POLICIES DUCRIBfD HEREIN JS SUBJECT     to                               ~s
                                                                                      ALL THE 'l"ERMS, EXCLUSIO AND CONOITIONS OF SUCH
     POLICIES. AGGREGATE L.IMtlS SHO\NN MAY HAVE BEEN REOlJCEDBY PAID CLAIMS.

lrii            TYPE OF INSURONCE                         POLICY NUMll!!R              DATE/~ ~ , : . - ,..._T'"+_______LI"1T                        7
                                                                                                                                                           S'-,,--::-:'.'"""'.c-c--::-
        GENEIW. LIABIUTV                                                                                         EACH OCCURRENCE                              s 1.000,000
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       ·-
        X    Cot.NERCIAL GENERAL LIA.elllTY    WIP-G103528-00                           01/01/02 01/0. /03 1-F'-'IRc:E...:D:cAMA=Gcc•:..,IAny.=.c."""c..:c"""'+s'-'l"O=-O=-·r...
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                                                                                                                                                                           • 1,000,000
       -- ---------                                                                                                                   PERSOW.C. l ADV INJURY

       -GEN'L---------
             AGGREGATE 1.IMIT APPLIES PER!
                                                                                                                                      GENSRALAGGREGATe

                                                                                                                                      PROOUCTS • COMP/OP AGO
                                                                                                                                                                           s2,000,000
                                                                                                                                                                           s 2,000,000
       7     POLICY     n wtr n         ,oc                                                                                           EmD        Ben.                        l. 000 000
        AUTOMOBILE UASIUTY
       -X                                                                                                                             COMBINEO SINGLE LIMIT                 s 1,000,000
 A
       --
       -x
             ANYAUTO
             All OWNED AUTOS
                                               WIP-Al03528-00                            01/01/02              01/01 1 03 f(Ea .occioenl}
                                                                                                                            ------

       --
        X    SCHEOULED AUTOS
                                                                                                                                      80DILY INJURY
                                                                                                                                      (Per ~&on)
                                                                                                                                    t-----------+--------
                                                                                                                                                                           •
        X    HIRED AUTOS
       ~ NON-OWNEO AIJTOS
                                                                                                                                      BODILY INJUAY
                                                                                                                                      (PSI' atA.i!fflll)                   •
       t-- - - - - - - - - -                                                                                                          PROPERlY CAMA.Gfi
                                                                                                                                      (Per accident)                       •
        GARAGE UABUJTY                                                                                                                AUTOONLY•EAACCIDENT                  I

       R-•UTO                                                                                                                         Oll-!ER THAN
                                                                                                                                      AUTO ONLY;
                                                                                                                                                               EA.ACC      S
                                                                                                                                                                           $



 A
        E.lces5 LIABIUTV
       ~ OCCUR             •    CLAIMS MAO!;   WIP-Ul03528-00                            01/01/02
                                                                                                                                      EACH OCCURRENCe
                                                                                                               01/01 03 ~A~G~GR~Ec;GA_T~E_ _ __
                                                                                                                                                                           s 1,000,000
                                                                                                                                                                           sl.000,000_

       n
       ril
             0E:DUCTIBLf
                                                                                                                                    1---------+:':..----·--
                                                                                                                                                s
             RETENTION         S Q
                                                                                                                                                                           •
                                                                                                                                          I
                                                                                                                                         TORY LI'41TS I 1~i:,{
                                                                                                                                                    0

                                                                                                                                    -- -'-'-=-"'<=~"'-'"'--1---:-::-::--
                                               WCl-1938577                               01/01/02              01/ 01 I )3 ~•::.:·'::.·;::EAC=H, 0A.:;.CC.c.lc;cDE:c.NTc.:__-i.;Sc;5=..0=..0=.i..c.
                                                                                                                                                                                            ,0.:;.0_0_ _
                                                                                                                             E,L. DIS"-"Se • EAE/,IPLOYEE S 500, 000
                                                                                                                             E.L. 018EASE•POLICYLIMIT 1500, 000
       OTHER:

 C     EXCESS           LIABILITY              79792764                                  01/01/02              01/01/)3                        PER CLAIM                       $4,000,000
                                                                                                                                               AGGREGA:rE                      $4,000,000
DESCRIPTION OF OPERATIONSII.OCATIONSNEHICLES/EXCL.U&IOMS ADDED fff ENDOltSEMENTISPECIAL PROVISIONS
CI'n OF MUSkli:GON IS ADDITIONAL INSURED, ATIM!I..




CERTIFICATE HOLDER                   I y I ADDITl0NALIN$URED: INSUR£R LfflER:            CANCELLATION
                                                                            RJ:IDT-1      SHOULD ANY OF THE ABOVE DE CRIBED POLICIE$ BE CANCELLED BEFORE THE SXPmATIOt-
                                                                                          OATI! THEREOF, THE mlUIHG IN UR!R 'M.LL &1,10EA.VOR TO MAIL                     _l,O_ DAY& WRJmN
                                                                                          NOnCE TO nfE CERTIACAl'E HC DER NAME!O TO THE LEFT, BUT FAA.URE TO 00 SO SHAl.L
                CITY OF MUSKEGON                                                          IMPOSE NO OBLIGATION OR UAI UTY OF ANY KIND UPON THE INSURER. JT$ AGENTS OR
                993 '?ERIW:E S1'DET
                MUSKEGON MI 49442                                                         REPRE!$£NTATIV!$,
                                                                                         AUTHORIZED REPREGeNTATI\IE

                '
ACORD 25-S {7/97)
                                                                                         Robert A. I.aVallel>                                           - __ .... ______        ..,   .. - ..
                   REQUEST FOR INVOICE TO BE SENT
   (COMPLETE AND RETURN TO THE CITY TREASURER'S OFFICE-INVOICES WILL BE MAILED EACH FRIDAY.
    REQUEST MUST BE MADE BY 3:30PM ON THURSDAY TO GUARNTEE THEY WILL BE READY ON FRIDAY.)

ORIGINATING DEPT:     ~!er/('.:,               DATE: _ ___::S"'--_____.,.,,du.O'----------"'o'--~---'-----
CONTACTPERSON:._~L~1
                   ~n.Ll<:d,~CL~---- DEPT. PHONE:                            7d Y-0 70~
ACCOUNT TO BE CREDITED: _j_ .£2. _L-00000 _f j,_ J__ ,LAMOUNT: $ c,,'}                 s-'o-o
ACCOUNT TO BE CREDITED: _ _ _-00000 _ _ _ _ AMOUNT:$ _ _ _ _ __

BRIEF DESCRIPTION OF CITY SERVICES PROVIDED (I.E. REASON FOR SENDING BILL):

  En ccoacdmco I:

CUSTOMER NUMBER: _ _ _ _ _ _ _ _ _ _ _ _P.ARCEL#: 61 _ _ _ _ _ _ __

       . e/J


                                      STREET ADDRESS

                         1/7)          Y'!YY'l-d?J'Y                                        7C 7       -,J 7o   1/
                          STATE              ZIP                                                   PHONE
Potter, Linda
From:                      AI-Shatel, Mohammed
Sent:                      Wednesday, May 15, 2002 8:41 AM
To:                        Potter, Linda
Cc:                        Kundinger, Gail
Subject:                   encroachment


As you know, last night the commissioners approved the request for an encroachment agreement, could you notify the
applicant and bill them for the $25.




                                                          1
Date:         May 14, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Amendment to the Special Assessment Policy


SUMMARY OF REQUEST:
As a result of the most recent Legislative Committee meeting, it is respectfully requested
that the table under section IV of the special assessment policy on page 4 of said policy be
amended to limit the total assessment share to 45% of the total cost of the project instead
of 80%. This amendment does not apply to new subdivision(s) where assessed.
Furthermore, it is requested that if the amended policy is adopted, its implementation be
limited to those projects where special assessment districts have been created after
January 1st of 2002.

FINANCIAL IMPACT:
None anticipated at this time.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Amend the special assessment policy.



COMMITTEE RECOMMENDATION:
                                                                         2002-58(n)
                            AMENDED TABLE AS OF 05/14/02


Activity/improvement            Share of Total            Area           Amount to be
                                Cost Assessable           Assessed       Assessed per
                                                                         front foot

1.     Maintenance                       0%                0             N/A
2.     Rehabilitation                    0%                0             N/A
3.     Resurfacing                     45%                 •             $6.40   •••
4      Mil Ii ng/Res u rfacing         45%                 •            $11.40   •••
5.     Rehab./Resurfacing Majo         45%                 •            $18.70   •••
6.     Reconstruction                  45%                 •            $19.70   •••
7.     New Construction                45%                 •            $19.70
8.     New Subdivision                100%                 ••           Actual
               (where assessed)
• standard residential width
•• entire improvement performed by City
••• these front foot assessments included an adjustment reflecting      credit
    for residual value of existing street per Section V (C) (9), with
    total assessment not to exceed benefit to abutting property.

V     Assessment Policy: Improvements Included; Allocation of
      Cost: Financing and Scheduling - This policy shall be
      implemented as follows:

A.    Design and Engineering - All streets, including subdivision streets, shall be
      constructed or reconstructed to engineering standards and design as
      established by the City, unless determined that sufficient reasons exist to
      provide exception/deviation from standards.

B.    New Subdivision Development - All new development requiring streets shall be
      the responsibility of the developer; however, when available, and deemed
      advisable by the City Commission, the City may utilize special assessment
      bonding to provide for street and public infrastructure, assessments to the
      properties benefiting to the extent permissible by law.

C.    Assessment Method - The method of assessment for the work determined
      assessable shall be as follows:

      1.     Cost of the work shall include all cost directly and indirectly chargeable to
             the project.

Adopted 5-14-02.
                                                   Gail A. Kundinger, City Clerk
                            TABULATION OF SOME OF THE SPECIALY ASSESSED PROJECTS OVER THE LAST TWO YEARS,



                                        Cost & % at the Creation                        Cost & % at the Spreading

Local Streets                         S.A            Est. cost                         S. A           Cost

morion                                  $24,900.00     $140,000.00                       $35,000.00     $118,500.00
Roberts, Lawrence to Wesley             $38,000.00     $150,000.00                       $52,000.00     $127,000.00
Nelson, Watson Rodgers                  $65,652.00     $210,000.00                       $80,000.00     $275,000.00
Windsor                                 $70,234.00     $250,000.00                       $74,000.00     $150,000.00
                                       $198,786.00     $750,000.00   27%                $241,000.00     $670,500.00   36%
Major Streets

Laketon, Peck to Wood                   $27,095.00     $350,000.00                       $27,095.00     $445,000.00
Braney                                 $107,580.00     $300,000.00                      $107,580.00     $226,000.00
Houston, 1st - Sanford                  $13,540.00      $85,000.00                       $14,931.00     $105,000.00
Laketon, Getty to Creston                                                                $41,000.00     $561,000.00
wood                                   $101,800.00     $936,000.00                      $103,741.00     $650,000.00
Irwin                                   $45,250.00     $386,000.00                       $46,457.00      $32,500.00
Barclay                                $174,900.00     $600,000.00                      $143,000.00     $596,000.00

                                       $470,165.00 $2,657,000.00     18%                $483,804.00 $2,615,500.00     18%
Date:      May 14,2002
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Annual Taxicab License Renewal -
           Port City Cab Company & Yellow Cab Company




SUMMARY OF REQUEST: This request is from Thomas Wakefield,
owner of Wakefield Leasing, whose office is located at 770 W. Sherman
Blvd., Muskegon, Ml. Mr. Wakefield is requesting approval of a license
to operate 13 taxicabs for both Port City Cab Company and Yellow Cab
Company.     The Muskegon Police Department has inspected the
taxicabs and approves this request.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of 13 taxicabs.
Mr. Wakefield's insurance was sent to Risk Authority for their approval.
They stated the amounts and coverage are fine however, they prefer a rating
of A- or better on the insurance company. Mr. Wakefield's insurance
company is a C++ rating. Our ordinance does not specify an insurance
company's rating.
                       APPLICATICl'I FOR TAXICAB OPERATOR
                                      in t.he  ·
                          CITY CF MUSKEGON, MICHIGAN

Name of Company (d,b,a,)
Address of Office
Name   &   Residence of           ) ---..-------,...,..-.,...--p;!-..,,...,.....-.--,<,'---Age_ __
each person interested
in or connected with the )
                                  )
                                    -2~~=·
                                        ==.·.!::::::a=~«-;qi:=·
                                                        = - - - Age
above, individual, firm or) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
                                                                                             Gk
corporation.             .)
                            _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
                                    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __

Present Business of each person
connected with the above application.



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



Number of cabs applicant proposes to use__~-:tlii.e,·li!:'.::.::#llarz..-~/13~--------
Are there any unpaid or unbonded judgments
of record against the applicant

Have any of the persons connected with the above as individual, firm or
corporation been charged with or con~}cted of any crime or misdemeanor,
if so, state.date and Court. ___            ....,_/...,_,Y,c,""----------------------

Name 0£ insurance company with which
applicant is insured and amount of coverage.
                                                      -f::::)- i~ • ~                                ~
Name of local agent or representative.               a,=~;~~?
Is the above applicant the spJ,~CJWner of all. the automobiles
proposed to be used?        ~ ,                      ·
State liens, mortgage~ or ot_he}'!ncumbrances _including conditional sales
contracts on such taxicabs. --t-{.Jj~'(_,~~:;.__ _ _ _ _- - ' - - - - - - - - - - - - - - - - - -
Attached hereto is a list of the automobiles with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.
The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application,


Subscribed and sworn to before me
County, Michigan, this \ \    day

                                                             Notary Public
 Application Approved
                                                            Chief of Pol ice
           Commission Meeting Date: May 14, 2002




Date:       May 7, 2002
To:         Honorable Mayor & City Commission
From:       Planning & Economic. Development Department cf3L
RE:        Amendment to Lease Option Agreement Between
           City of Muskegon and Oakview Neighborhood
           Association- Extension


SUMMARY OF REQUEST: To approve the attached Amendment
Agreement to the Lease Option Agreement between the City of
Muskegon and the Oakview Neighborhood Association, which extends
the time period to complete building repairs on the Madison Street Fire
Barn to December 31, 2002. The original agreement required that
repairs be completed by October 1, 2001.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


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


COMMITTEE RECOMMENDATION: None.
                                                                           2002-59(i)

                            AMENDMENT AGREEMENT

        TIDS AGREEMENT is made, effective May 14 , 2002 by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Landlord"), and Oakview Neighborhood Association, of
1774 Madison Street, Muskegon, Michigan 49443 ("Tenant"). This agreement
constitutes an amendment to a certain Lease Option Agreement between the parties dated
October 1, 1998. In all other respects the said agreement shall remain in full force and
effect.

       1.     Extension of Time for Completion of Improvements. The Tenant shall
              have an extended period of time within which to complete the
              improvements contemplated by Section 2.1 of the Lease Option
              Agreement, so that the time for completion shall now be December 31
              2002. The failure of the TenanUo observe this condition may result in
              termination of the tenancy as sef forth in Section 12 of the Lease Option
              Agreement.

       2.     Recording and Enforcement. The provisions of this agreement shall
              constitute amendments to the Lease Option Agreement at Section 2.1
              thereof. This agreement may be recorded, and shall constitute record
              evidence of the City's right to termination of tenancy and enforcement of
              the agreement. The legal description of the property is:

              Lots 16 and 17 ofBlock@, Huizengas Addition, City of Muskegon,
              (commonly known as 1774 Madison Street).

      3.     In all other respects the agreements between the parties shall remain in full
             force and effect. It is binding on the parties and their successors and
             assigns.

WI1NESSES:

                                           By


                                           By~~~~~~~:,4,dd!JG::,,..,_
                                             Gail A. Kundinger, Clerk

                                           TENANT: OAKVIEW NEIGHBORHOOD

                                           ~,~
                                                       Its _ _ _ __
STATE OF l\1ICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this l6t6 day of
1!/4,_,  2002 by Steve J. Warmington and Gail A. Kundinger, Mayor and Clerk
respectively, for and on behalf of the City of Muskegon.      &f;6.;t,
                                        cf@@           y})_
                                         L,nda    ~·   /lo ft-er
                                                              Notary Public
                                                                   ,
                                         Muskegon County, Michigan
                                         My commission expires:   9-olS:-o;,._

 STATE OF l\1ICHIGAN
.COUNTY OF MUSKEGON

      The foregoing instrument was aclmowledged before me this _ _ day of
- - ~ 2002 by _ _ _ _ _ ___,               ·    for and on behalf of Oakview
Neighborhood Association.


                                                             , Notary Public
                                         Muskegon County, Michigan
                                         My commission expires: _ _ __
Oak.View Neighborhood Association
                                                                                                      1774 Madison Street
                                                                                                      Muskegon, MI 49442

Phone 727-5697
Home Phone 773-9025
Email Oakviewneighbor@aol.com




                                                                                                         April 17, 2002


Cathy Burbaker-Clark
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536


Dear Ms. Burbaker-Clark,

Our association greatly appreciates your assistance and correspondence on the Fire-barn. We have worked
diligently on fund-raisers and the building over the past three years. We feel that the city will be pleased with what
we have accomplished to date, not only on the building itself, but our expanded programs to improve our
community.

Items per the lease agreement that have been completed are the replacement of all broken windows, the repair of all
plumbing and lighting in the garage. The only remaining item is the roof, which the first half was finished in
December of200 I.

With the approval of $3,000 from CDBG we will have the roof completed this year. This is our final obligation per
our lease, as far as repairs. As far as a timetable, this is very realistic. By the second week of July we will have
approximately $1,300.00 of the $1,900.00 difference needed to pay for the roof We also, have a roofer that is
willing to work with us on a payment plan if needed.




                                                                                                             Sincerely,



                                                                                 (~~;~ ~~~e~
                                                                                                     Patricia Montnfj       J
                                                                                                    Vice President
                                                                                  Oakview Neighborhood Association
                                                     Proposal

To: The honorable Commissioners and Mayor of the City of Muskegon
From: Oakview Neighborhood Association
Subject: Extension on lease agreement regarding repairs.

Dear Sirs and Madams:

We are asking for an extension on our lease agreement regarding the last remaining repair needed at 1774 Madison
Street. Per our contact with Ms. Burbaker-Clark, we were informed that we should ask for this extension. It is with
this that we are submitted this proposal.

To date, all lease requirements with the exception of the second halfofthe roof have been met. We are asking only
for an extension on completion of the second half of the roof. Given that a grant from CDBG has been approved, we
are asking for an extension till December 31, 2002 only.

We thank you for your time and consideration
                                 CITY OF MUSKEGON

                                     RESOLUTION
                                      2002-59(0)


      WHEREAS, the city officials of the cities ofMuskegon Heights, Norton Shores
and Muskegon attended a ten week session on Racial Healing; and

        WHEREAS, these cities developed a joint organizational plan / commitment with
the objective to create an environment that is respectful to all people. This plan listed
five objective areas that are as follows:   ·

       •   Each Council/Commission have racial healing as an agenda item.
       •   Staff training- have staffs from the three cities go through Racial Healing
           Training.
       •   Reach out to the whole community (encourage residents to go through the
           racial healing training)
       •   Attend and actively support functions pertaining to diversity.     .
       •   City Councils / Commissions meet again as a whole to discuss the above
           commitments in the near future.

       NOW THEREFORE, BE IT RESOLVED, that the City Commission of the
       City of Muskegon hereby adopts the aforementioned objectives as a priority
       toward achieving the commission goal of taking leadership responsibility for
       improving race relations.




                                     Gail A Kundinger, City Clerk

       Adopted:    May 14, 2002
                                 CERTIFICATION
                                   2002-59(0)


This resolution was adopted at a regular meeting of the City Commission, held on May
14, 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
    RACIAL HEALING 10-WEEK SESSION
             ATTENDED BY
   ELECTED OFFICIALS OF THE CITIES OF
 MUSKEGON HEIGHTS, NORTON SHORES AND
              MUSKEGON

  JOINT ORGANIZATION PLAN/COMMITMENT

OBJECTIVE: CREATE AN ENVIRONMENT THAT
           IS RESPECTFUL TO ALL PEOPLE

1. Each Council/Commission to have racial healing as
   an agenda item.

2. Staff training- have staff from all three cities go
   through Racial Healing Training.

3. Reach out to the whole community. (Encourage
   residents of all three communities to go through
   racial healing training.)

4. Attend functions pertaining to diversity.

5. The Councils/Commissions to meet again as a
   whole to discuss the above commitments. (Date
   and time to be determined in the near future.)
          Commission Meeting Date: May 14, 2002




Date:     May 7, 2002
To:       Honorable Mayor & City Commission
From:     Planning & Economic Development Department cf.,e.._,
RE:       Public Hearing and Plan Approval for Seaway
          Business Park LDFA Development and Tax
          Increment Financing Plan


SUMMARY OF REQUEST: To hold the public hearing for the Seaway
Business Park LDFA Development and Tax Increment Financing Plan



FINANCIAL IMPACT: No direct impact. However, LDFA funds will be
used to finance projects within the district boundaries.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Staff recommends approval of plan.



COMMITTEE RECOMMENDATION: The LDFA board met on April 22,
2002 and approved the plan.
                                                                                            2002-60(a)


                                RESOLUTION APPROVING
                    DEVELOPMENT AND TAX INCREMENT FINANCING PLAN
                       FOR LDFA DISTRICT 4, SEAWAY BUSINESS PARK

                                             City of Muskegon
                                   County of Muskegon, State of Michigan


         Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan (the "City") held in the City Hall in the City, on the 14th day of May, 2002,
at 5:30 o'clock p.m. Eastern Daylight Time.

         PRESENT: Commissioners
          Warmington, 81 Ji e, Gawron, Larson, Scbwei fl er,

                              Shepherd. Spataro

         ABSENT: Commissioners
          No

         The following preamble and resolution were offered by Commissioner        Spat.a ro            and
seconded by Commissioner ~G~a~w~r~oun_____

         WHEREAS, the Local Development Finance Authority of the City of Muskegon (the "Authority")
has prepared and recommended for approval a Development and Tax Increment Financing Plan (the
"Plan") for LDFA District 4, Seaway Business Park; and

         WHEREAS on May 14, 2002, the City Commission held a public hearing on the Plan pursuant to
Act 281, Public Acts of Michigan, 1986 (the "Act"); and

         WHEREAS the City Commission has given the taxing jurisdictions within the District (hereinafter
defined) an opportunity to meet with the City Commission and to express their views and recommendations
regarding the Plan, as required by the Act.

         NOW, THEREFORE, BE IT RESOLVED, THAT:

         I.     Definitions. Where used in this Resolution the terms set forth below shall have the
following meaning unless the context clearly requires otherwise:

         "Base Year Assessment Roll" means the base year assessment roll prepared by the City Assessor
in accordance with this Resolution.

         "Captured Assessed Value" shall have the meaning described in the Act.

         "District" means the district described in the Plan.

         "Initial Assessed Value" shall have the meaning described in the Act.

         "Plan)) means the "Development and Tax Increment Financing Plan" prepared by the Authority, as
transmitted to the City Commission by the Authority for public hearing, confirmed by this resolution,
copies of which Plan are on file in the office of the City Clerk.

          "Taxing Jurisdiction" shall mean each unit of government levying an ad valorem property tax
within the District.
          "Local Development Finance Authority", ''LDFA" or "Authority" means the Local Development
 Finance Authority of the City of Muskegon.

         2.       Review Considerations. As required by the Act the Commission has in reviewing the
Plan taken into account the following considerations:

          (a)      The Development Plan included in the Plan meets the requirements set forth in section
15(2) of the Act and the Tax Increment Financing Plan included in the Plan meets the requirements set
forth in section 12(1), (2) and (3) of the Act.

          (b)       The proposed method of financing the public facilities is feasible and the Authority has
the ability to arrange the financing.

         (c)       The development is reasonable and necessary to carry out the purposes of the Act.

         (d)       The amount of Captured Assessed Value estimated to result from adoption of the Plan is
reasonable.

         (e)      The land to be acquired under the Development Plan, if any, is reasonably necessary to
carry out the purposes of the Plan and the purposes of the Act.

         (f)       The Development Plan is in reasonable accord with the master plan of the City.

          (g)     Public services, such as fire and police protection and utilities, are or will be adequate to
service the property described in the Development Plan.

         (h)       Changes in zoning, streets, street levels, intersections, and utilities, to the extent required
by the Plan, are reasonably necessary for the project and for the City.

         3.        Public Purpose. The City Commission hereby determines that the Plan constitutes a
public purpose.

          4.       Best Interest of the Public. The City Commission hereby determines that it is in the best
interests of the public to eliminate the conditions of unemployment, underemployment, and joblessness and
to promote economic growth in the City to proceed with the Plan.

         5.       Approval and Adoption of Plan. The Plan as submitted by the Authority is hereby
approved and adopted. A copy of the Plan and all amendments thereto shall be maintained on file in the
City Clerk's office.

         6.       Preparation of Base Year Assessment Roll.

          (a)      Within 60 days of the adoption of this Resoh1tion, the City Assessor shall prepare the
initial Base Year Assessment Roll for all of the real and personal property within the District. The initial
Base Year Assessment Roll shall list each Taxing Jurisdiction in the District on the effective date of this
Resolution and the amount of tax revenue derived by each Taxing Jurisdiction from ad valorem taxes on all
of the real and personal property within the District, excluding millage specifically levied for the payment
of principal and interest of obligations approved by the electors or obligations pledging the unlimited taxing
power of the local governmental unit.

        (b)      The City Assessor shall transmit copies of the initial Base Year Assessment Roll to the
City Treasurer, County Treasurer, Authority and each Taxing Jurisdiction which will have Tax Increment
Revenues captured by the Authority, together with a notice that the Base Year Assessment Roll has been
prepared in accordance with this Resolution and the tax increment financing plan contained in the Plan
approved by this Resolution.
          7.        Preparation of Annual Base Year Assessment Roll. Each year within 15 days following
the final equalization of property in the Project Area, the City Assessor shall prepare an updated Base Year
Assessment Roll. The updated Base Year Assessment Roll shall show the information required in the
initial Base Year Assessment Roll and, in addition, the Tax Increment Revenues for all of the real and
personal property within the District for that year. Copies of the annual Base Year Assessment Roll shall
be transmitted by the Assessor to the same persons as the initial Base Year Assessment Roll, together with
a notice that it has been prepared in accordance with the Plan.

           8.      Establishment of Project Fund; Approval of Depositary. The Treasurer of the Authority
shall establish a separate fund which shall be kept in a depositary bank account or accounts in a bank or
banks approved by the Treasurer of the City, to be designated Local Development Finance Authority
Project Fund. All moneys received by the Authority pursuant to the Plan shall be deposited in the Project
Fund. All moneys in the Project Fund and earnings thereon shall be used only in accordance with the Plan.

           9.      Payment of Tax Increment Revenues to Authority. The City Treasurer and the County
Treasurer shall, as ad valorem taxes are collected on for all of the real and personal property within the
District, pay the Tax Increment Revenues, as defmed in the Act, to the treasurer of the Authority for deposit
in the Project Fund. The payments shall be made on the date or dates on which the City Treasurer and the
County Treasurer are required to remit taxes to each of the Taxing Jurisdictions.

         10.     Annual Report. Within 90 days after the end of each fiscal year, the Authority shall
submit to the City Council and the State Tax Commission, a report on the status of the tax increment
fmancing plan. The repmt shall include the amount and source of tax increment revenues received, the
amount in any Bond Reserve Account, the amount and purpose of expenditures of tax increment revenues,
the amount of principal and interest on any outstanding bonded indebtedness of the Authority, the Initial
Assessed Value for all of the real and personal prope1ty within the District, the Captured Assessed Value
for all of the real and personal property within the District retained by the Authority, the number of jobs
created as a result of the implementation of the Plan and any additional information requested by the City
Council or the State Tax Commission deemed appropriate by the Authority.

          11.      Refund of Surplus Tax Increments. Annual tax increment revenues in excess of
estimated tax increment revenues or the actual costs of the Plan to be paid by tax increment revenues may
be retained by the Authority only for purposes that by resolution of the Authority's Board are determined to
further the development program in accordance with the Plan. Any surplus money in the Project Fund at
the end of a year, as shown by the annual repmt of the Authority, shall be paid by the Authority to the City
Treasurer or the County Treasurer, as shown by the annual report of the Authority, as the case may be, and
rebated by each to the appropriate Taxing Jurisdiction.

         12.       All ordinances, resolutions and orders or parts thereof in conflict with the provisions of
the Plan are to the extent of such conflict hereby repealed, and each section of the Plan and each
subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any
section or subdivision thereof to be invalid or void shall not be deemed or held to affect the validity of any
other section or subdivision of the Plan.

         13.       Repealer. All resolutions and parts ofresolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.

      A YES: Commissioners
 Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
                     nd Schweifler

    NAYS:
Commissioners" -
               None
                 --'""'""'--------------------------
RESOLUTION DECLARED ADOPTED.




         I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, State of Michigan at a regular meeting held
on May 14, 2002, 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.




                                              ~~ 0 ~Lv-J
                                                     0City Clerk
    ,,


  CITY OF MUSKEGON
SEAWAY BUSINESS PARK

 DEVELOPMENT PLAN


         2001
I.    Legal Description - Authority District and Development Area

      The area to which the Development Plan applies includes all of the Authority
      District.

      The legal description of the Authority District is attached as Exhibit A.

II.   Authority District Boundaries

      The Authority District is generally bounded by Hackley Avenue to the south,
      Seaway Drive to the west, Young Avenue to the North, and Park Street to the east
      (see Exhibit B).

ID.   Existing Public Facilities and Land Uses in Authority District

             The existing public facilities and land uses within the Authority District
             are shown on the attached map, Exhibit C. Nearly all of the property
             within the Authority District is either vacant or existing industrial with the
             exception of a used car dealership that is located at the extreme southwest
             comer of the Authority District.

             The City of Muskegon Heights abuts the Authority District to the east
             (across Park St.) and south (across Hackley Avenue). The dominant land
             uses surrounding the Authority District in Muskegon Heights are
             commercial and industrial. Furthermore, the development of the
             Authority District is being conducted in conjunction with similar industrial
             development activities in Muskegon Heights. The cities of Muskegon and
             Muskegon Heights have planned a joint industrial development to include
             the Authority District and surrounding properties in both communities.

             The area surrounding the Authority district is primarily composed of
             commercial and industrial property. The exception being, a small section
             of residential housing in Muskegon Heights across Park Street. These
             homes are surrounded by commercial and industrial properties and
             represent a minority land use in the area..

             Much of the property within the Authority District is classified as
             "facilities" or "brownfields" as those terms are defined in Part 201 of the
             Natural Resources and Environmental Act, 1994 PA 451, as amended.


             There are no institutional or recreational uses in or near the Authority
             District. A cemetery abuts the District directly to the north.




                                            2
A.   Existing Streets and Public Facilities

     The Authority District is currently accessible directly from
     Hackley A venue, Park Street, and Young A venue. The Authority
     District is bounded by Seaway Drive (Business Route 31) which is
     accessible from Hacldey A venue.

     A railroad line that runs diagonally across the District from the
     Northwest to the Southeast dissects the Authority District.

     The parcels within the Authority District are serviceable by the
     City's water and sewer systems.

B.   Land Uses

     Property within the Authority District that is subject to this
     Development Plan is, or is anticipated to be, used as eligible
     property under Act 281. All property within the district is
     currently zoned Light Industrial (I-1). The parcels of property that
     are subject to this Development Plan, as approved by the City, are
     currently used as follows:

     Parcel         Current Use                        Eligible Property

     1              Vacant                                 Yes
     2              Former Smith Packing Facility          Yes
     3              Vacant                                 Yes
     4              Vacant                                 Yes
     5              Vacant                                 Yes
     6              Vacant                                 Yes
     7              Vacant                                 Yes
     8              Vacant                                 Yes
     9              Vacant                                 Yes
     10             River City Electr9nics                 Yes
     11             Total Quality Machining                Yes
     12             Shoreline Metal Finishing              Yes
     13             Vacant                                 Yes
     14             Ernie's Used Cars                      No


     Formerly a small, somewhat substandard neighborhood existed in
     the Northeast comer of the Authority_ District however, most of the
     residents in that area have been relocated and the property has been
     acquired in accordance with federal Uniform Acquisition and
     Relocation Guidelines.



                           3
                     Proposed private uses within the Authority District are limited to
                     existing and new eligible uses such as manufacturing or high
                     technology activities/enterprises and related facilities.



IV.   Property Acquisition

             A.      Public Facilities - There are no existing public facilities proposed
                     to be acquired for property covered by this plan.

             B.      Identification ofProperties to be Acquired-The City of
                     Muskegon bas acquired 12 former residential properties, the
                     former Smith Meat Packing. facility and several acres of vacant
                     land prior to the development of this plan. The property acquired
                     by the City will be marketed and disposed of in a manner
                     consistent with the goals of this Plan. Other privately owned
                     properties, which may be determined necessary in order to achieve
                     the goals of this plan, may be acquired.

              C.     Legal Basis for Acquisition ofPrivately Owned Properties The
                     legal basis under which the City of Muskegon or the Local
                     Development Finance Authority may take or transfer privately
                     owned property for use in accordance with an approved
                     development plan is provided in Section 7 (f) and Section 9 of the
                     Local Development Finance Act (P.A. 281 of 1986, as amended).


v.    Proposed Public Facilities and Activities

      To the extent necessary to facilitate or as related to the public improvements listed
      below, public facilities may include the acquisition of property including
      easements, real or personal property or interests in real or personal property, the
      cost of demolition, relocation, site preparation, ,and administrative expenses.
      Proceeds from the sale ofland acquired with tax: increments revenues will be
      retained for further purposes of this plan.

      Public facilities to be acquired, expanded or improved are anticipated to include
      the following:

              1.     Acquisition, relocation, demolition and disposal of real and
                     personal property.
             2.      Site preparation and land balancing.




                                            4
        3.     Environmental assessments and response activities for eligible
               properties.
        4.     Installation, improvement or maintenance of sewer, water,
               stormwater, gas, electric, and telecommunication infrastructure.( on
               site)
        5.     Expansion and improvement to water facilities to replace capacity
               utilized for eligible properties. ·
        6. ·   Noise and other nuisance reduction improvements, including
               berming and other natural nuisance reduction techniques and
               maintenance of same.
        7.     Storm water retention basins and the removal or disbursement of
               materials produced from the construction of a retention basin.
        8.     Traffic control improvements including signage, signalization,
               lighting and the construction, improvement and maintenance of
               roads and sidewalks acc·essing the Authority District.
       9.      Railroad spur construction.
       10.     Marketing and promotion.
       11.     Reimbursement of City of Muskegon expenditures for any of the
               above proposed improvements or activities that have begun or
               which may be carried out or funded by the City due to legal
               obligations or the demands of expediency. Repayment of ULA.

It is estimated that these public facilities will be completed in conjunction with
the development of the properties within the Authority District to which this
Development Plan applies as eligible property under Act 281.


The following schedule indicates the construction, stages of construction, or
completion of activities and the estimated time of completion of each stage or
activity.

        1.     Property Disposition                                   2001-2015
       2.      Site Preparation                                       2001-2015
       3.      Environmental Assessment/Due Care                      As necessary
       4.      Infrastructure Installation                            2002-2004
       5.      Nuisance Abatement Improvement                         2002-2004
       6.      Storm Water Management                                 2002-2011
       7.      Traffic Control Improvements                           2002-2011
        8.     Railroad spur construction                             As necessary
        9.     Marketing & Promotion                                  2001-2011
        10.    Reimbursement of City Expenditures                     2001-2011




                                      5
VI.     New Development

        New private development will be promoted in the Authority District and is
        expected to occur as a result of the activities contained within this plan. The
        intent of this plan is to promote, encourage, and otherwise advance the
        development of advanced light manufacturing in the City ofwiuskegon. The
        character, size, and location of the Authority District lends itself to the
        development and growth of new light industrial uses, while not excluding the use
        of property for expansion of existing business. Some private projects already in
        the development phase include:


VII.    Land Acquisition and Disposition

         The City of Muskegon is currently title-holder of much of the property in the
       · Authority District. The City of Muskegon will have responsibility for future
         property acquisition and disposition.

       , The Authority may acquire land owned by the City or other private parties. The
       , purchase of additional private property for the Authority will be accomplished by
       ·· the City of Muskegon. The Authority shall reimburse the City for property
          acquisition costs, including but not limited to actual purchase cost, environmental
          assessment and remediation costs, closing costs, relocation expenses, payments on
          a Urban Land Assembly loan from the Michigan Economic Development
          Corporation, and other fees or payments required for obtaining proper title to
          subject properties.                        ·             ·

        Except for land needed for planned public improvements as indicated in this plan,
        the remaining property acquired will be prepared for development and made
        available to private entities for new business uses through appropriate marketing
        and promotion activities.

        Disposition of property for new business development will be done in accordance
        with specific terms and conditions as determined and established by the Authority
        and/or the City.

        No other property transactions or transfer of property are anticipated but may be
        considered by either the Authority or the City if they are determined to be needed
        in order to carry out the purposes of this plan.



vm.     Zoning, Street, and Utility Changes

        Existing zoning for the Authority District is currently I-1 (Light Industrial). It
        may be necessary in the future to consider re-zoning a parcel or parcels of



                                              6
      property from I-1 in order to accommodate uses considered as "eligible" uses
      under Act 281 but not permitted either by right or special permit under the I-1
      zoning classification.

      Changes in streets, street levels, intersections or utilities are expected only in
      connection with the construction of proposed public improvements covered in
      Section V and in Exhibits 5 and 6.


IX.   Development Cost Esti_mates and Financing

      The total cost of completing all of the improvements and activities proposed
      within this plan and to be undertalcen and financed by the LDFA and the City of
      Muskegon is estimated to be $1,871,559.00. Individual project line item costs are
      provided in Exhibit 5. Detailed accounting of cost amounts chargeable to these
      projects including administrative and legal expenses, real estate purchases, and
      incidental acquisition expenses, surveys, platting, soil borings and analysis,
      design, planning, engineering, site preparation, construction, testing, inspection,
      marketing, and others will be determined after further project planning is
      completed.

      Expenses to the Authority for these costs may be financed from one or more of
      the following sources:

                     1.      grants, contributions, or donations to the LDFA;
                     2.      revenues from any property owned, leased, or sold by the
                             LDFA or City of Muskegon;
                     3.      tax increments received pursuant to the Tax Increment
                             Financing Plan;
                     4.      proceeds of tax increment bonds or revenue bonds;
                     5.      interest on investments;
                     6.      loans from the City or other governmental agency;
                     7.      money obtained from any other legal source approved by
                             the Muskegon City Commission

      The proceeds to be received from tax incremeµt revenues from the Authority
      district and from all other authorized sources will be sufficient to finance all of the
      improvements and activities to be carried out under this Plan.




                                             7
x.       Persons to Whom Public Facilities will be Sold and for Whose Benefit the
         Proiect is Being Undertaken

         Public improvements described in this Plan will remain under public ownership
         by the City of Muskegon or other public entity created or designated by the City
         of Muskegon. Parcel of property to be sold for the purpose of private business
         development will be transferred to persons or entities to as determined by the
         Authority and/or the City of Muskegon.

         Proposed projects under the Plan are to be undertaken for the general benefit of
         the Seaway Business Park and the citizens of the entire co=unity.

XI.      Proposed Land Disposition Terms and Bidding Procedures for Public
         Facilities

       : The sale of parcels ofland for the development of private business activities shall
       · be determined, on a case by case basis, by the Board of the Authority and the
         Muskegon City Commission.

       " The bidding procedure for the public facilities to be constructed or paid for by the
         Authority shall be done in accordance with the established policies and practices
         used by the City of Muskegon. The Board of the Authority shall review and
         approve all final bids and contracts.

XII.    Persons Residing in the Development Area and Number of Families and
        Individuals to be Displaced

        At the time of adoption, two persons reside in the Authority District to which this
        Development Plan applies. These persons are in the process of relocating. Once
        these persons have relocated there will be no other residents within the
        development area.

XIII. Plan for establishing priority for the relocation of persons displaced by the
      development.

        Not applicable. Other than the two persons who·are in the process of relocating,
        no other persons reside in the district.

XIV.    Provision for costs of relocating persons displaced by the development, and
        fmancial assistance and reimbursement of expenses in accordance with the
        federal uniform relocation assistance and real property acquisition policies
        act of 1970.

        Not applicable. Other than the two persons who are· in the process of relocating, .
        no other persons reside in the district.




                                               8
XV.   Plan for compliance with Act 227 of the Public Acts of 1972, as amended.

      Not applicable.

XVI. Other material which the Authority or City Commission deems pertinent.

      Both the Authority and the City Commission have the right to amend this
      Development Plan in accordance with the enabling statute, as the Authority or
      City Commission determine in the best interest of the City to deal with changes in
      conditions, including any legal or legislative changes affecting the plan or to add
      to, delete, or reprioritize the public facilities proposed for eligible property within
      the Authority District.




                                            9
TAX INCREMENT FINANCING PLAN


            2001




             10
I.    Reasons the Plan Will Result in Captured Assessed Value

      Prior to the establishment of the LDFA district or development of this Plan, the
      City of Muskegon committed itself to activities promoting economic development
      and the growth of industrial jobs within the Seaway Business Park. Among these
      efforts were:

              1.      Application and approval of a grant from the U.S. Department of
                      Commerce, Economic Development Administration for the
                      construction of one new: access road, reconstruction of Young
                      Avenue and Temple Street, and installation of water/sewer utilities
                      along the new access road. These improvements will be
                      completed in 2002.
             2.       Application and approval of a Urban Land Assembly Loan from
                      the Nlichigan Economic Development Corporation for the
                      purchase of approximately 32 acres of vacant or residential
                      property for new business development.
             3.       Environmental investigation and remediation necessary for the
                      appropriate re-use of "brownfield" property.

      The Seaway Business Park will provide the City of Muskegon with a new and
      premier business location and as such new industrial or heavy commercial uses
      will choose the park as a preferred location. This new development will result in
      captured assessed value.

Il.   Estimate of Captured Assessed Value for Each Year of the Plan

      See Exhibit E

m.    Estimate of Tax Increment Revenues for Each Year of the Plan

      See Exhibit F

IV.   Explanation of Tax Increment Procedure

      Ta,'( increment financing permits the Authority to capture tax revenues attributable
      to increases in the value of eligible property resulting from implementation of a
      development plan as defined in Act 281. The tax increment finance procedure is
      governed by Act 281. These procedures outlined below are effective as of the
      date this Plan is adopted by the Muskegon City Commission, but are subject to
      any changes imposed by further amendments to Act 281.




                                           11
  The initial assessed value of the Authority District is the assessed value, as
  equalized, of the eligible property identified in the tax increment financing plan is
  approved as shown by the most recent assessment roll for which equalization ,bas
  been completed at the time the resolution is adopted.

 This initial assessed value is adjusted each year only by the assessed value, as
 equalized, of property which qualified as eligible property after the date the
 resolution establishing the Plan was approved. Such subsequent qualified eligible
 property shall have its initial assessed value determined as of the date it first
 qualified as eligible property.

 In each year the Plan is in effect, the "Current Assessed Value" of eligible
 property within the Authority District will be determined. The Current Assessed
 Value of each parcel of eligible property is its taxable value for that year.

  For each parcel of eligible property the amount by which the Current Assessed
  Value exceeds its Initial Assessed Value in any one year is the "Captured
  Assessed Value" of that parcel of eligible property. For the duration of the plan,
· ta'Gllg jurisdictions will continue to receive tax revenues from all property within
. the Authority District to which this Plan applies that is not eligible property under
  Act 281 and based upon the Initial Assesses Value of the eligible property. The
  Authority, however receives each year the following amounts:

         1.      That portion of the ad valorem tax levy of all taxing jurisdictions
                 on the Captured Assessed Value of the eligible property, other than
                 the State, local school district and intermediate school district tax
                 levies, and specific local taxes attributable to such ad valorem
                 property taxes.                            ·
         2.      Ad valorem tax levies, and specific local taxes attributable to such
                 ad valorem tax levies, of the State, local school districts and
                 intermediate school district on the Captured Assessed Value of the
                 eligible property in an amount necessary to repay eligible advances
                 and/or obligations and other protected obligations, as defined by
                 Act 281.

 To the extent the property within the Authority District to which this Plan applies
 is designated as a certified business park under Act 281, tax increment revenues
 from all eligible property within that area may be used for public facilities or
 activities for any eligible property within the Seaway Business Park. If any parcel
 of eligible property within the Authority District is not included within the
 designation of a certified business park under Act 281, the tax increment revenues
 captured from that eligible property shall only be used for public facilities for that
 eligible property.

 The Tax Increment Revenues in excess of the estimates set forth in Exhibit For in
 excess of the actual costs of this Plan to be paid from Tax Increment Revenues



                                       12
      will be considered surplus under Act 281 unless retained to further implement the
      Development Plan pursuant to a resolution of the Authority. Surplus Tax
      Increment Revenues must revert proportionately to the respective taxing
      jurisdictions from which collected.

V.    Use of Tax Increment Revenue

      The tax increment revenue paid to the LDFA by the municipal and county
      treasurers are to be disbursed by the LDFA from time to time in such a manner as
      the LDF A Board may deem necessary and appropriate to carry out the purposes
      of the Development Plan, including but not limited to the following:

             1.      Principle, interest, and reserve payments, above and beyond the
                     revenue captured through property disposition, required to repay
                     the Urban Land Assembly Loan from the Michigan Economic
                     Development Corporation or other indebtedness incurred as a
                     result of the activities outlined in the Development Plan.
             2.      Cash payments for initiating and completing any improvement or
                     activity called for in the Development Plan.
             3.      Any annual operating deficits that the LDFA may incur from
                     acquired and/or leased property in the development area.
             4.      Interest payments on any sums that the LDFA should borrow
                     before or during the construction of any improvement or activity to
                     be accomplished by the Development Plan, after approval by the
                     Muskegon City Commission.
             5.      Payments required to establish and maintain a capital replacement
                     reserve.
             6.      Payments required to establish and maintain a capital expenditure
                     reserve.
             7.      Payments required to establish and maintain any required sinldng
                     fund.
             8.      Payments to pay the costs of any additional improvements to the
                     Development Area that are determined necessary by the LDFA and
                     approved by the Muskegon City Commission
             9.      Any administrative expenditure required to meet the cost of
                     operation of the LDFA and to repay any cash advances provided
                     by the City of Muskegon.

      If bonds are to be issued in accomplishing this Plan, bond types will be
      determined after further project planning is undertaken.

      The LDFA may modify its priority of payments at any time if within its discretion
      such modification is necessary to facilitate the devel_opment plan then existing and
      is permitted under the term of any outstanding indebtedness.

VI.   Indebtedness to be Incurred



                                           13
        At the time of the approval of this plan, it is not anticipated that any bonded
        indebtedness will be incurred by the LDFA Authority or the City of Muskegon for
        the purposes outlined in the Development Plan. Both the LDFAand the City of
        Muskegon may in their discretion choose to issue bonds for achieving the
        purposes of the Development Plan.

VII.    Amount of Operating and Planning Expenditures to be Repaid from Tax
        Increment Revenues

        Not applicable



vm.     Costs of the Plan to be Paid from Tax Increment Revenues

          All of the costs of implementing the Development Plan will be eligible for
       . payment from tax increment revenues, unless said costs are payable from a grant,
        • loan, or other contribution other than tax increment revenues.

IX.     Duration of Development and Tax Increment Financing Plans

        The tax increment financing plan shall last fifteen years except as the same may
        be amended or modified from time to time by the City Commission of the City of
        Muskegon upon recommendation from the LDFA and upon notice and upon
        public hearing and amendment as required by the Act. Various projects within
        the Plan may be undertaken in phases. The Development Plan will remain in
        effect until its purposes are accomplished.

X.      Estimate of Impact of Tax Increment Revenues on AU Taxing Jurisdiction

        See Exhibit G

XI.     Legal Description of Eligible Property

        See Exhibit A.

XII.    Estimated Job Creation/Retention

        Based on current jobs/acre estimates within the two existing City ofMuskegon
        industrial parks the total estimated job creation/retention facilitated through the
        implementation of this Plan is 340. There are currently three existing industrial
        uses in the Authority District who employ more thaJi a total of 50 people at the
        time of the adoption of this Plan.




                                              14
          Exhibit A - Authority District Legal Description

Southeast¼ of the Northwest¼, Section 31, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan.




                                 15
Exhibit B - Authority District Boundary Map




                    16
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                 HACKLEY                            w·     C>-£


                                                           s
Exhibit C - Line Item Costs




            17
SEAWAY INDUSTRIAL PARK BUDGET
Property Acquistion, R.efocatlon, Envfronmental, Demolition

                 ~
                 Urban land Assembly                             600,000
                 EDA                                             330,600
                 Public Improvement Fund                          70,000
                 Nims/Getty Proceeds                              Zll.QQ!!
                                     TOTAL                      1,025,600


Property No.     Address                          Type of Structure          Demo, Cost     Purehase Price   Relocation Allotment    Moving Costs Closing Costs Estimated Taxes Environmental Costs Total Acquisition Cost
               1 2001 Park                        Resldenffaf                            $0               $0                      $0            $0           $0                $0                  $0                     $0
               2 2005 Park                        Resldential                        $3,895          $28,500                      $0            $0         $500                $0                  $0                $32,895
               3 2009Parl{                        Residential                            $0               $0                      $0            $0           $0                $0                  $0                     $0
               4 2029Park                         Resldenllal                        $3,500          $44,000                 $10,000          $700         $500              $575                  $0                $58,200
               5 2101 Park                        ResidenUal                         $3,700         $43,000                  $14,933        $1,150         $538              $605                  $0                $63,321
               6 419 Delano                       ResldenUal                         $3,500         $38,000                  $15,000          $700         $500              $509                  $0                $57,200
               7 4230ela110                       ResldenUal                         $3,300         $32,000                  $14,287         $825          $500              $306                  $0                $50,392
               8 425Delano                        Residential                            $0               $0                      $0            $0           $0                $0                  $0                     $0
            9 437 Delano                          Residential                        $4,200         $53,000                  $13,933       $1,150          $500              $849                  $0                $72,283
           10 441 Delano                          Residential                        $3,300         $31,500                  $13,392         $700          $500              $389                  $0               $48,89Z
           11 420 Delano                          Residential                            $0               $0                      $0            $0           $0                $0                  $0                     $0
           12 2021 Waafkes                        Residential                            $0               $0                      $0            $0           $0                $0                  $0                     $0
           13 2026 Waafkes                        Residential                            $0               $0                      $0            $0           $0                $0     .            $0                     $0
           14    2018 Waalkes                     Residential                        $3,793         $49,500                       $0            $0          $60              $422                  $0               $53,353
           15    2013 Waalkes                     Resldenllal                      . $4,100         $52,000                       $0            $0         $472              $732                  $0               $56,572
           16    Peninsularlnvestments            Vacant                                 $0         $15,000                       $0            $0         $557            $1,576              $1,800               $18,933
           17    Smith Packing                    lnduslrlal                             $0        $100,000                       $0            $0       $2,708            $1,873              $6,050              $110,831
           18 TokarczykProperty                   Commercial                             $0               $0                      $0            $0           $0                $0                  $0                     $0
           19 Blueberry LLC Property              Vacant                                 $0               $0                      $0            $0           $0                $0                  $0                     $0
           20 Nor;vood Properly (3 lg. parcels)   Vacant                                 $0               $0                      $0            $0           $0                $0
                                                  -TOTAL
                                                      -·                           $33,288         $488,500                  --· ---
                                                                                                                             $81,525        --
                                                                                                                                            $5,225       $7,335         -- ---
                                                                                                                                                                           $7,836             --
                                                                                                                                                                                                   $0
                                                                                                                                                                                                  ---
                                                                                                                                                                                               $7,850              - -
                                                                                                                                                                                                                          $0
                                                                                                                                                                                                                   $629,559


SEAWAY INDUSTRIAL PARK BUDGET
Infrastructure Construction

                 Acllvlty                         Road                       Water             Sewer             Total
               1 New Access Road                                $100,770             $64,960           $38,260           $204,000
               2 Young Reconstruction                           $158,000                  $0                $0           $156,000
               3 Temple Construclion                            $132,000                  $0                $0           $132,000
                                                                                                                         - ·-
                                                                                                                         $492,000
SEAWAY BUSINESS PARK
Future Potential Projects and Costs




Water Facilities to replace capacity             $100,000.00
Railroad Spur construction                       $200,000.00
Traffic Control improvements                      $50,000.00
Storm water retention basins                      $50,000.00
Noise control                                     $50,000.00

Installation, improvement, maintenance of
sewer, water, telecommunication infrastructure   $300,000.00
Total                                            $750,000.00
Exhibit D - Estimated Captured Assessed Value




                     18
CITY OF MUSKEGON SEAWAY BUSINESS PARK
ESTIMATED CAPTURED ASSESSED VALUES
REAL PROPERTY ONLY

Lot No.             2002       2003       2004       2005       2006       2007       2008       2009       2010       2011       2012       2013       2014       2015       2016       2017 Total/Prop.
Lot1            $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000                                 $12,000,000
Lot2            $750,000 $750,000 $750,000 $750,000 $750,000 $750,000             $750,000 $750,000 $750,000 $750,000 $750,000 . $750,000 $750,000 $750,000               $750,000   $750,000   $12,000,000
Lot3                  $0         $0 $750,000 $750,000 $750,000 $750,000           $750,000 $750,000     $750,000 $750,000 $750,000 $750,000 $750,000 $750,000             $750,000   $750,000    $10,500,000
Lot4                  $0 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000               $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000               $750,000   $750,000   $11,250,000
Lots          $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000 $1,375,000   $22,000,000
LotG                  $0         $0   $625,000 $625,000 $625,000 $625,000 $62!;i,OOO         $625,000 $625,000 $625,000 $625,000         $625,000   $625,000 $625,000 $625,000       $625,000     $8,750,000
Lot7                  $0 $750,000     $750,000   $750,000   $750,000   $750,000 $750,000 $750,000       $750,000 $750,000     $750,000 $750,000     $750,000 $750,000     $750,000   $750,000    $11,250,DOO
Lota            $750,000 $750,000     $750,000 $750,000 $750,000 $750,000 $750,000           $750,000 $750,000 $750,000 $750,000         $750,000 $750,000 $750,000 $750,000         $750,000    $12,000,000
Lot9                  $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0         $0              $0
Lot 10                $0         $0         $0         $0         $0         $0         $0         $0                    $0         $0         $0         $0         $0         $0         $0              $0
Lot 11                $0         $0 $138,000 $138,000       $138,000 $138,000 $138,000 $138,000 $138,000 $138,000 $138,000               $138,000   $138,000   $138,000   $138,000   $138,000     $1,932,000
Lot12                 $0 $875,000 $875,000 $875,000 $875,000 $875,000             $875,000 $875,000 $875,000       $875,000 $875,000 $875,000       $875,000 $875,000     $875,000   $875,000   $13,125,000
Lot13                 $0 $625,000     $625,000 $625,000     $625,000 $625,000     $625,000 $625,000 $625,000 $625,000 $625,000 $625,000             $625,000   $625,000   $625,000 $,625,000      $9,375,000
Lot14                 $0         $0         $0 $550,000 $550,000 $550,000         $550,000 $550,000 $550,000       $550,000 $550,000 $550,000 $550,000         $550,000   $550,000   $550,000     $7,150,000
TotalrYr.                                                                                                                                                                                     I
              $3,625,000 $6,625,000 $8,138,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $8,688,000 $a,saa,ooo $131,332,0001


Statement of Assumptions·
1.   Square Footage Estimated Based Upon Maximum Lot Coverage of 40%.
2.   True Cash Construction Value Estimates Based Upon Per Square Fpot Cost of $50.
3.   Lots 1, 2, 5, 8 Developed ln 2002; Lots 4,7,12, 13 Developed In 2003; Lots 3, 6 Developed in 2004; Lot 14 Developed in 2005
4.   Major Persona! Property Expansion on Lol 11 in 2005
CITY OF MUSKEGON SEAWAY BUSINESS PARK
ESTIMATED CAPTURED ASSESSED VALUES
PERSONAL PROPERTY ONLY

Lot No,             2002          2D03       2004            2005       200&            20D7           20D8          2009             2010           2011        2012         2013      2014         2015           201&         2017 Total/Prop.
Lot 1           $450,000      $450,000   $450,000        $450,000   $450,000        $450,000 .     $450,000      $450,000          $450,000      $450,000    $450,000     $450,000   $450,000     $450,000      $450,000     $450,000     $7,200,000
Lot2            $450,000      $450,000   $450,000        $450,000   $450,000        $450,000       $450,000      $450,000          $450,000      $450,000    $450,000     $450,000   $450,000     $450,000      $450,000     $450,000     $7,200,000
Lot3                   10           ID $450,000          $450,000   $450,000        $450,000       $450,000      $450,000          $450,000      $450,000    $450,000     $450,000   $450,000     $450,000      $450,000     $450,000     ,6,300,000
Lot4                   ID     $450,000   $450,000        $450,000   $450,000        $450,000       $450,000      $450,000          $450,000      $450,000    $450,000     $450,000   $450,000     $450,000      $450,000     $450,000     $8,750,000
Lots            $825,000      $625,000   $825,000        $825,000   $625,000        $825,000       $825,000      $825,000          $825,000      $825,000     $825,000    $825,000   $825,000     $825,000      $825,000     $825,000   $13,200,000
Lot6                   10           ID $375,000          $375,000   $375,000        $375,000       $375,000      $375,000          $375,000      $375,000     $375,000    $375,000   $375,000     $375,000      $375,000     $375,000     $5,250,000
Lot7                  $0      $450,000   $450,000        $450,000   $450,000        $450,000       $450,000      $450,000          $450,000      $450,000     $450,000    $450,000   $450,000     $450,000      $450,000     $450,000     $6,750,000
Lota            $450,000      $450,000   $450,000        $450,000   $450,000        $450,000       $450,000      $450,000          $450,000      $450,000     $450,000    $450,000   $450,000     $450,000      $450,000     $450,000     $7,200,000
Lot9                  $0            $0         $0              $0         ID              $0             $0            $0                $0            $0           $0          $0         $0           $0             ID          $1)           $0
LOt10                  ID           $1)        $0              $0         $0               10            $0            $0                              $0           $0          IO         10            ID            $0           $0           $0
Lot 11                $0            $0   $104,000       $104,000    $104,000        $104,000       $104,000      $104,000       $104,000         $104,000     $104,000    $104,000    $104,000      $104,000     $104,000     $104,000    $1,456,000
Lot 12                $0      $525,000   $525,000       $525,000    $525,000       $525,000        $525,000      $525,000       $525,000         $525,000    $525,000     $525,000    $525,000      $525,000     $525,000     $525,000    $7,875,QOO
Lot13                 $0      $375,000   $375,000       $375,000    $375,000       $375,000        $375,000      $375,000       $375,000       ··$375,000     $375,000     $375,000  $375,000     , $375,000     $375,000     $375,000    $5,625,000
Lot14                 $0            $0         $0       $330,000    $330,000       $330,000       $330,000       $330,000      $330,000          $330,000    $330,000     $330,000    $330,000      $330,000    $330,000      $330,000    $4,290,000
TotalfYr.     $2,175,000    $3,975,000 $4,904,000      $5,234,000 $5,234,000      $9,234,000     $5,234,000    $5,234,000     $5,234,000      $5,234,000    $5,234,000   $5,234,000 $5,234,000   $5,234,000    $5,234,000 : $5,234,000   $79,096,000


Statement of A!':sumplions·
1.   Squarg Footage Estimated Based Upon Maximum Loi Coverage of 40%.
2.   True Cash Personal Property Value Estimates Based Upon F'er Square Foot Cost of $30.
3.   Lots 1, 2, 5, 8 Developed In 2002; Lots 4,7,12, 13 Developed in 2003; lots 3, 6 Developed In 2004; Lot 14 Developed ln 2005
4.   Msjor Personal Property Expansion on lot 11 in 2005
Exhibit E -Tax Increment Revenue Projections




                     19
CITY OF MUSKEGON -SEAWAY BUSINESS PARK
TAX INCREMENT REVENUE PROJECTIONS
REAL PROPERTY ONLY

Lot No.        2002    2003    2004    2005    2006    2007    2008    2009    2010    2011    2012    2013   2014     2015    2016    2017 Total/Prop.
Lot1         $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                   $126,000
Loi 2        $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                   $126,000
Lot3             $0      $0 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                  $110,250
Lot4             $0 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                   $118,125
Lot 5       $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437 $14,437    $230,992
Lot 6            $0      $0 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562                    $91,868
Lot 7            $0 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                   $118,125
Lo!B         $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875 $7,875                   $126,000
Lot 9            $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0           $0
Lot10            $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0      $0           $0
Lot 11           $0 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449 $1,449                     $21,735
Lot12            $0 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188 $9,188                   $137,820
Lot13            $0 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 $6,562 . $6,562 $6,562 $6,562 $6,562 $6,562                   $98,430
Lot14            $0      $0      $0 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775 $5,775                   $75,075
TotalNr.    $38,062 $71,011 $85,448 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $91,223 $1,380,420



Bey_~e Calcul'lllon formula {per lot oer year)
A= Estimated Building Square Footage Per Lot
B = True Cash Property Value Estimate (per sq. ft.) - fixed at $30                  AxB/2xC/D=E!
C = Combined City/County Millage Rate (.021 mills)
D = 2 (Consideration of 50% !FT)
E = Estimated TIF Revenue Per Property Per Year
CITY OF MUSKEGON - SEAWAY BUSINESS PARK
TAX INCREMENT REVENUE PROJECTIONS
PERSONAL PROPERTY ONLY


Lot No.       2002      2003       2004      2005      2006       2007     2008       2009     2010      2011     2012      2013     2014     2015      2016      2017 Total/Prop.
Lot1        $4,788    $4,788     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $76,608
Lot2        $4,788    $4,788     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $76,608
Lot3            $0        $0     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $67,032
Lot4            $0    $4,788     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $71,820
Lot5        $8,778    $8,778     $8,778    $8,778    $8,778     $8,778    $8,778    $8,778   $8,778    $8,778    $8,778    $8,778   $8,778   $8,778    $8,778    $8,778     $140,448
Lot 6           $0        $0     $3,990    $3,990    $3,990     $3,990    $3,990    $3,990   $3,990    $3,990    $3,990    $3,990   $3,990   $3,990    $3,990    $3,990      $55,860
Lot 7           $0    $4,788     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $71,820
Lots        $4,788    $4,788     $4,788    $4,788    $4,788     $4,788    $4,788    $4,788   $4,788    $4,788    $4,788    $4,788   $4,788   $4,788    $4,788    $4,788      $76,608
Lot9            $0        $0         $0        $0        $0         $0        $0       $0       $0         $0        $0        $0       $0       $0        $0      , $0              $0
Lot10           $0        $0         $0        $0        $0         $0        $0       $0                  $0        $0       $0        $0       $0        $0        $0              $0
Lot 11          $0        $0     $1,106    $1,106    $1,106     $1,106    $1,106   $1,106    $1,106    $1,106    $1,106   $1,106    $1;109   $1,106    $1,106    $1,106      $15,484
Lot12           $0    $5,586     $5,586    $5,586    $5,586     $5,586    $5,586   $5,586    $5,586    $5,586    $5,586   $5,586    $5,586   $5,586    $5,586    $5,586      $83,790
Lot13           $0    $3,990     $3,990    $3,990    $3,990     $3,990    $3,990   $3,990    $3,990    $3,990    $3,990   $3,990    $3,990   $3,990    $3,990    $3,990      $59,850
Lot14           $0        $0         $0    $3,511    $3,511     $3,511    $3,511   $3,511    $3,511    $3,511    $3,511   $3,511    $3,511   $3,511    $3,511    $3,511      $45,643
Total/Yr. $23,142 $42,294 $52,178         $55,689   $55,689   $55,689    $55,689   $55,689 $55,689    $55,689   $55,689   $55,689 $55,689 $55,689     $55,689   $55,6891   $841,5711



Revenue- Calculation formula (per lot per year)
A = Estimated Building Square Footage Per Lot
B = True Cash Property Value Estimate (per sq. ft.) - fixed at $30       AxB/2xCID=E
C = Combined City/County Millage Rate (.021 mills)
D = 2 {Consideration of 50% !Ff)
E = Estimated TIF Revenile Per Property Per Year
Exhibit F - Estimated Impact on Taxing Jurisdictions




                        20
CITY OF MUSKEGON - SEAWAY INDUSTRIAL PARK
ESTIMATED IMPACT LOCAL TAXINGAUTHORmES
REAL PROPERTY ONLY

Taxing Authority                 2002      2003     2004       2005       2006      2007      2008     2009        2010     2011       2012      2013      2014      2015      2018      2017 Total/Jurisdiction
City of Muskegon              $18,125   $33,125   $40,690   $.43,440   $43,440   $43,440   $43,440   $43,440   $43,440    $43,440   $43,440   $43,440   $43,440   $43,440   $43,440   $43,440            $656,660
County of Muskegon            $11,926   $21,796   $26,774   $28,583    $28,583   $28,583   $28,583   $28,583   $26,583    $28,583   $28,583   $28,583   $28,583   $28,583   $28,583   $28,583            $432,075
Muskegon Public School             $0        $0        $0         $0        $0        $0        $0        $0         $0        $0        $0        $0        $0        $0        $0        $0                    $0
Muskegon Area ISO                  $0        $0        $0         $0        $0        $0        $0        $0         $0        $0        $0        $0        $0        $0        $0        $0                    $0
Hackley Library                $4,350    $7,950    $9,765   $10,425    $10,425   $10,425   $10,425   $10,425   $10,425    $10,425   $10,425   $10,425   $10,425   $10,425   $10,425   $10,425            $157,590
Musltegon Community College    $4,029    $7,267    $9,033    $9,643     $9,643    $9,643    $9,543    $9,643   . $9,643    $9,643    $9,643    $9,643    $9,643    $9,643    $9,643    $9,643            $145,708
Total/Year                    $38,430   $70,158   $86,282   $92,091    $92,091   $92,091   $92,091   $92,091   $92,091    $92,091   $92,091   $92,091   $92,091   $92,091   $92,091   $92,091           $1,392,033
CITY OF MUSKEGON - SEAWAY INDUSTRIAL PARK
ESTIMATED IMPACT LOCAL TAXING AUTHORITIES
PERSONAL PROPERlY ONLY

Taxing Aulhority               2002      2003       2004      2005      2006      2007      2008       2009      2010       2011      2012      2013      2014      2015       2016      2017 Total/Jurtsdletlon
City of Muskegon             $10,983   $20,073   $24,765   $26A31    $26,431   $26,431   $26,431    $26,431   $26,431    $26,431   $26,431   $26,431   $26,431   $26,431    $26,431   $26,431          $399,424
County of Muskegon            $7,155   $13,078   $16,134   $17,219   $17,219   $17,219   $17,219    $17,219   $17,219    $17,219   $17,210   $17,210   $17,219   $17,219    $17,219   $17,219          $260,214
Muskegon Publlc School            $0        $0        $0        $0        $0        $0         $0        $0         $0        $0        $0        $0        $0         $0        $0         $0                $0
Muskegon Area ISO                $0         $0        $0        $0        $0       $0          $0       $0          $0       $0         $0        $0       $0          $0        $0         $0                $0
Hackley Library               $2,610    $4,770    $5,885    $6,280 . _$6,280    $6,280    $8,2130    $6,280    $6,2130    $6,280    $6,280    $6,280    $6,280     $6,280    $6,280     $6,280           $94,905
Muskegon Community College    $2,414    $4,412    $5,443    $5,809    $5,809    $5,809    $5,809     $5,809    $5,809     $5,809    $5,809    $5,809    $5,809    .$5,809    $5,809     $5,809          .$87,786
Totalffear                   $23,162   $42,333   $52,227   $55,739   $55,739   $55,739   $55,739    $55,739   $55,739    $55,739   $55,739   $55,739   $55,739   $55,739    $55,739   .$55,739         $342,329
          Commission Meeting Date: May 14, 2002




Date:     May 7, 2002
To:       Honorable Mayor & City Commission
From:     Planning & Economic Development Department CJ3c
RE:       Public Hearing and Plan Approval for SmartZone
          LDFA Development and Tax Increment Financing
          Plan


SUMMARY OF REQUEST: To hold the public hearing for the Muskegon
Lakeshore SmartZone LDFA Development and Tax Increment
Financing Plan



FINANCIAL IMPACT: No direct impact. However, LDFA funds will be
used to finance projects within the district boundaries.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Staff recommends approval of plan.



COMMITTEE RECOMMENDATION: The LDFA board met on April 22,
2002 and approved the plan.
                                                                                    2002-60(b)

                                 RESOLUTION APPROVING
                  DEVELOPMENT AND TAX INCREMENT FINANCING PLAN
                   (DISTRICT 3 - MUSKEGON LAKESHORE SMARTZONE)

                                            City of Muskegon
                                  County of Muskegon, State of Michigan


           Minutes of a regular meeting of the City Commission of the City of Muskegon, County
     ofMuskegon, State of Michigan (the "City") held in the City Hall in the City, on the 14th day of
     May, 2002, at 5:30 o'clock p.m. Eastern Daylight Time.

            PRESENT: Commissioners              Gawron, Buie, Warmington, Larson, Schweifler,

                             Shepherd, and Spataro

            ABSENT: Commissioners

~
          The following preamble and resolution were offered by Commissioner
"w     Schweifler        and seconded by Commissioner _-',,lli....so..__ _ _ _ __
~
~          WHEREAS, the Local Development Finance Authority of the City of Muskegon (the
i    "Authority") has prepared and recommended for approval a Development and Tax Increment
~    Financing Plan for District 3 - Muskegon Lakeshore SmartZone (the "Plan"); and
~-
/l         WHEREAS on May 14, 2002, the City Commission held a public hearing on the Plan
;"   pursuant to Act 281, Public Acts of Michigan, 1986 (the "Act"); and

            WHEREAS the City Commission has given the taxing jurisdictions within the District
     (hereinafter defined) an opportunity to meet with the City Commission and to express their
     views and recommendations regarding the Plan, as required by the Act.

           NOW, THEREFORE, BE IT RESOLVED, THAT:

            1.   Definitions. Where used in this Resolution the terms set forth below shall have the
     following meaning unless the context clearly requires otherwise:

           "Base Year Assessment Roll" means the base year assessment roll prepared by the City
     Assessor in accordance with this Resolution.

           "Captured Assessed Value" shall have the meaning described in the Act.

           "District" means the district described in the Plan.

           "Initial Assessed Value" shall have the meaning described in the Act.

           "Plan" means the "Development and Tax Increment Financing Plan" prepared by the
      Authority, as transmitted to the City Commission by the Authority for public hearing, confirmed
      by this resolution, copies of which Plan are on file in the office of the City Clerk.

             "Taxing Jurisdiction" shall mean each unit of government levying an ad valorem
      property tax within the District.

            "Local Development Finance Authority", "LDFA" or "Authority" means the Local
      Development Finance Authority of the City of Muskegon.

             2.     Review Considerations. As required by the Act the Commission has in reviewing
      the Plan taken into account the following considerations:

             (a)    The Development Plan included in the Plan meets the requirements set forth in
      section 15(2) of the Act and the Tax Increment Financing Plan included in the Plan meets the
      requirements set forth in section 12(1), (2) and,(3) of the Act.

            (b)    The proposed method of financing the public facilities is feasible and the
      Authority has the ability to arrange the financing.
~
~            (c)     The development is reasonable and necessary to carry out the purposes of the Act.
 "'
~•           (d)    The amount of Captured Assessed Value estimated to result from adoption of the
~
      Plan is reasonable.
i
"~-         (e)     The land to be acquired under the Development Plan, if any, is reasonably
~     necessary to carry out the purposes of the Plan and the purposes of the Act.
~
             (f)    The Development Plan is in reasonable accord with the master plan of the City.

            (g)     Public services, such as fire and police protection and utilities, are or will be
      adequate to service the property described in the Development Plan.

             (h)    Changes in zoning, streets, street levels, intersections, and utilities, to the extent
      required by the Plan, are reasonably necessary for the project and for the City.

             3.     Public Purpose. The City Commission hereby determines that the Plan constitutes
      a public purpose.

             4.      Best Interest of the Public. The City Commission hereby determines that it is in
      the best interests of the public to eliminate the conditions of unemployment, underemployment,
      and joblessness and to promote economic growth in the City to proceed with the Plan.

               5.     Approval and Adoption of Plan. The Plan as submitted by the Authority is hereby
      approved and adopted. A copy of the Plan and all amendments thereto shall be maintained on
      file in the City Clerk's office.

             6.     Preparation of Base Year Assessment Roll.


                                                       -2-
             (a)    Within 60 days of the adoption of this Resolution, the City Assessor shall prepare
     the initial Base Year Assessment Roll for all of the real and personal property within the
     District. The initial Base Year Assessment Roll shall list each Taxing Jurisdiction in the District
     on the effective date of this Resolution and the amount of tax revenue derived by each Taxing
     Jurisdiction from ad valorem taxes on all of the real and personal property within the District,
     excluding millage specifically levied for the payment of principal and interest of obligations
     approved by the electors or obligations pledging the unlimited taxing power of the local
     governmental unit.

            (b)    The City Assessor shall transmit copies of the initial Base Year Assessment Roll
     to the City Treasurer, County Treasurer, Authority and each Taxing Jurisdiction which will have
     Tax Increment Revenues captured by the Authority, together with a notice that the Base Year
     Assessment Roll has been prepared in accordance with this Resolution and the tax increment
     financing plan contained in the Plan approved by this Resolution.

            7.     Preparation of Annual Base Year Assessment Roll. Each year within 15 days
     following the final equalization of property in the Project Area, the City Assessor shall prepare
     an updated Base Year Assessment Roll. The updated Base Year Assessment Roll shall show the
     information required in the initial Base Year Assessment Roll and, in addition, the Tax
f    Increment Revenues for all of the real and personal property within the District for that year.
a    Copies of the annual Base Year Assessment Roll shall be transmitted by the Assessor to the
~
~    same persons as the initial Base Year Assessment Roll, together with a notice that it has been
i    prepared in accordance with the Plan.

              8.   Establishment of Project Fund: Approval of Depositary. The Treasurer of the
     Authority shall establish a separate fund which shall be kept in a depositary bank account or
~~   accounts in a bank or banks approved by the Treasurer of the City, to be designated Local
     Development Finance Authority Project Fund. All moneys received by the Authority pursuant
     to the Plan shall be deposited in the Project Fund. All moneys in the Project Fund and earnings
     thereon shall be used only in accordance with the Plan.

             9.     Payment of Tax Increment Revenues to Authority. The City Treasurer and the
     County Treasurer shall, as ad valorem taxes are collected on for all of the real and personal
     property within the District, pay the Tax Increment .Revenues, as defined in the Act, to the
     treasurer of the Authority for deposit in the Project Fund. The payments shall be made on the
     date or dates on which the City Treasurer and the County Treasurer are required to remit taxes to
     each of the Taxing Jurisdictions.

             10.   Annual Report. Within 90 days after the end of each fiscal year, the Authority
     shall submit to the City Council and the State Tax Commission, a report on the status of the tax
     increment financing plan. The report shall include the amount and source of tax increment
     revenues received, the amount in any Bond Reserve Account, the amount and purpose of
     expenditures of tax increment revenues, the amount of principal and interest on any outstanding
     bonded indebtedness of the Authority, the Initial Assessed Value for all of the real and personal
     property within the District, the Captured Assessed Value for all of the real and personal


                                                    -3-
        property within the District retained by the Authority, the number of jobs created as a result of
        the implementation of the Plan and any additional information requested by the City Council or
        the State Tax Commission deemed appropriate by the Authority.

               11.    Refund of Surplus Tax Increments. Annual tax increment revenues in excess of
        estimated tax increment revenues or the actual costs of the Plan to be paid by tax increment
        revenues may be retained by the Authority only for purposes that by resolution of the
        Authority's Board are determined to further the development program in accordance with the
        Plan. Any surplus money in the Project Fund at the end of a year, as shown by the annual report
        of the Authority, shall be paid by the Authority to the City Treasurer or the County Treasurer, as
        shown by the annual report of the Authority, as the case may be, and rebated by each to the
        appropriate Taxing Jurisdiction.

               12.     All ordinances, resolutions and orders or parts thereof in conflict with the
        provisions of the P Ian are to the extent of such conflict hereby repealed, and each section of the
        Plan and each subdivision of any section thereof is hereby declared to be independent, and the
        finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed
        or held to affect the validity of any other section or subdivision of the Plan.
cj
...J
a:
ui
               13.    Repealer. All resolutions and parts of resolutions insofar as they conflict with the
~ provisions of this resolution be and the same hereby are rescinded.
0
~
"'
8
0
              A YES: Commissioners         Spataro, Warmington, Buie, Gawron, Larson,
it
6....
w
u::                     Schweifler, and Shepherd
~
0:
w
....          NAYS: Commissioners         None
....
:1
                                        -'-'-=~-- - - - -- - - - - -- - - - - - - -
        RESOLUTION DECLARED ADOPTED.




                                                   ~o rl~w
                                                         J
                                                         City Clerk




                                                       -4-
             I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by
      the City Commission of the City of Muskegon, County of Muskegon, State of Michigan at a
      regular meeting held on May 14, 2002, 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, 197 6, and that the minutes of said meeting were kept and will
      be or have been made available as required by said Act.




ti
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0
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0
0
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~
_utlons To Outside Agencies                  $       115,930    $       132,912    $     195,667     $        58,516         28% $       209,667    s          14,000
                                                                   $       115,930    $       132,912    $     195,667     $        58,516         28% $       209,667    s          14,000


             Total Customer Value Added Activities                 s    16,393,523    $    16,727,953    $ 17,359,032      s     3,338,434         19% $ 17,411,032       s          52,000
             As a Percent of Total General Fund
             Expenditures                                                    73.7%               72.0%           70.4%               73.6%                       71.4%
        City of Muskegon
        1st Quarter Budget Reforecast - General Fund
        General Fund Expenditure Summary By Function

                                                                                                                      Actual As
                                                                                  Original Budget       Actual Thru     %of          Revised          Change From
                                                  Actual 2000       Actual 2001   Estimate 2002         March 2002     Revised    Estimate 2002       2002 Original                Comments
        II. Business Value Added Activities

10101 City Commission
5100      Salaries & Benefits                 s        56,917   $        56,483   $      57,889     $        12,985        22% $        57,889    $
5200      Operating Supplies                           11,861            12,288          17,500                 325         2%          17,500
5300      Contractual Services                         30,541            36,894          44,000              14,942        34%          44,000
5400      Other Expenses                                8,813             7,631          12,000               1,921        16%          12.000
5700      Capital Outlays                                  91                                                   365         NIA
5900      Other Financin Uses                                                                                               NIA
                                              $       108,223   s       113,296   $     131,389     $        30,538        23% S       131,389    $
10102 City Promotions & Public Relations
5100     Salaries & Benefits                  $                 s                 $                 $                       NIA S                 $
5200     Operating Supplies                                                              10,000                             0%          10,000
5300     Contractual Services                          14,791            24,563          31,960               3,564        11%          31,960
5400     Other Expenses                                                                                                     NIA
5700     Capital Outlays                                                                                                    NIA
5900     Other Financin Uses                                                                                                NIA
                                              $        14,791   $        24,563   $      41,960     $         3,564         8% $        41,960    s
10172 City Manager
5100     Salaries & Benefits                  $       172,284   $       168,180   s     169,350     s        39,075        23% $       169,350    s
5200     Operating Supplies                             2,564             1,651           3,500                  83         2%           3,500
5300     Contractual Services                           2,962             2,055           5,000                 454         9%           5,000
5400     Other Expenses                                 4,247             2,149           5,000               1,057        21%           5,000
5700     Capital Outlays                                1,814                             3,500                  29         1%           3,500
5900     Other Financin Uses                                                                                                NIA
                                              $       183,871   s       174,035   $     186,350     $        40,698        22% $       186,350    $
10145 City Attorney
5100     Salaries & Benefits                  $                 s                 $                 $                       N/A $                 $
5200     Operating Supplies                               480               833           1,000                             0%           1,000
5300     Contractual Services                         384,201           457,739         382,734              94,931        22%         425,000               42,266 TOWNSHIP WATER AND SEWER LAWSUITS AND
5400     Other Expenses                                                                                                     NIA                                     SMARTZONE, FISHERMAN'S LANDING PROJECTS
5700     Capital Outlays                                                                                                    NIA
5900     Other Fir,.3ncing Uses                                                                                             NIA
                                              $       384,681   $       458,572   $     383,734     $        94,931        22% $       426,000    $          42,266
                                              $       691,566   $       770,466   s     743,433     s       169,731        22% $       785,699    s          42,266

20173 Administration
5100     Salaries & Benefits                  s       137,659   $       120,324   s     122,783     $        30,297        25% $       122,783    s
5200     Operating Supplies                             2,295             1,784           3,450                 180         5%           3,450
5300     Contractual Services                          15,871            15,734          21,150                 742         4%          21,150
5400     Other Expenses                                12,278             7,230          13,628               1,434        11%          13,628
5700     Capital Outlays                                  581             1,632           3,000                             0%           3,000
_?900    Other Fi_11ancing Uses                                                                                             NIA
                                              $       168,684   s       146,704   $     164,011     $        32,653        20% $       164,011    $
         City of Muskegon
         1st Quarter Budget Reforecast -General Fund
         General Fund Expenditure Summary By Function

                                                                                                                         Actual As
                                                                                    Original Budget       Actual Thru      %of           Revised          Change From
                                                   Actual 2000       Actual 2001    Estimate 2002         March 2002      Revised     Estimate 2002       2002 Original   Comments
20228 Affirmative Action
5100      Salaries & Benefits                  s        69,370   $         72,256   s      81,875     s        17,183         21% $         81,875    $
5200      Operating Supplies                               506              1,713           2,300                 254         11%            2,300
5300      Contractual Services                           2,334              1,759           1,500                 202         13%            1,500
5400      Other Expenses                                 2,801              2,913           4,431                1,233        28%            4,431
5700      Capital Outlays                                  118                649           1,000                              0%            1,000
5900      Other Financin Uses                                                                                                  NIA
                                               $        75,129   $         79,290   $      91,106     $        18,872         21% $         91,106    s
20744 Julia Hackley Internships
5100      Salaries & Benefits                  $         7,482   s         10,692   $       7,000     $                        0% S          7,000    s
5200      Operating Supplies                               718                                                                 NIA
5300      Contractual Services                             711                                                                 NIA
5400      Other Expenses                                                       20                                              NIA
5700      Capital Outlays                                                                                                      NIA
5900      Other Financin Uses                                                                                                  NIA
                                               $         8,911   $         10.712   $       7,000     $                        0% S          7,000    $
20215 City Clerk & Elections
5100      Salaries & Benefits                  $       218,883   $       208,602    s     226,515     $        47,056         21% $        226,515    $
5200      Operating Supplies                            32,549            35,327           17,000               4,141         24%           17,000
5300      Contractual Services                          28,284            31,458           44,530               8,018         18%           44,530
5400      Other Expenses                                 5,420             7,136            6,000                 394          7%            6,000
5700      Capital Outlays                                2,551             5,199            3,450                 416         12%            3,450
5900      Other Financin Uses                                                                                                  NIA
                                               $       267,687   $       287,722    $     297.495     s        60,025         20% $        297,495    $
20220 Civil Service
5100      Salaries & Benefits                  $       130,015   s       132,405    $     153,115     $        33,668         22% $        153,115    $
5200      Operating Supplies                             6,339            17,111           10,750               1,527         14%           10,750
5300      Contractual Services                          39,839            22,799           26,815               5,953         22%           26,815
5400      Other Expenses                                42,287            12,336            5,800                 388          7%            5,800
5700      Capital OuUays                                   762             8,600            1,000                              0%            1,000
_5900_    Other FiQ%              180,000                                    180,000    0.00%
5400       Other Expenses                                                                                                    N/A                                                                    0.00%
5700       Capital Outlays                                                                                                   N/A                                                                    0.00%
5900      Other Financi      Uses                                                                                            N/A                                                                    0.00%
                                          $            633   $           85.494   s           180,000   $                     0%                         $
                                                                                                                                     '
                                                                                                                   1,439                      180 000                                    180,000

90000   Project Expenditures
                                                                                                                                                                             '                      0.00%


$200      Operating Supplies              $                  $                    $                     $                    N/A      $                  $                   $                      0,00%
5300      Contractual Services                                                                                               N/A                                                                    0.00%

                                                       633   ''          85.494
                                                                                  $
                                                                                  $           180,000   '
                                                                                                        $          1,439
                                                                                                                             N/A

                                                                                                                              "      s
                                                                                                                                      $
                                                                                                                                              180,000    '                   $

                                                                                                                                                                             '           180,000
                                                                                                                                                                                                    0,00%
                                                                                                                                                                                                    0.00%

        Avai@__ble Fund Balance. EQ!'._   $                  $                    $                     $         (1,439)            s
           City of Muskegon
           1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                % Change
                                                                                    Original Budget   Actual Thru March Actual As% Revised Es~mate       Change From          Original Budget   From 2001
                                            Actual 2000         Actual 2001         Estimate 2002            2002       of Revised       2002            2002 Original        Est mate 2002      Revised                          Comments
254        LC. Walker Arena Fund
          Available Fund Balance. BOY   $          3,426    s           3.861   $            17,945   $        19].33             $        19,133    s           1,188   $             17,945
          Revenues
           Special assessments          $                   s                   $                     $                           $                  s                   $                       0.00%
           State grants                                                                                                                                                                          0.00%
           State shared revenue                                                                                                                                                                  0.00%
           Charges for services                  505,229              561,449               590,000           262,216                     590,000                                     590,000    0.00%
           Interest income                            24                                        500               190                         500                                         500    0.00%
           Operating transfers in                346,000              301,000               271,837            67,959                     271,837                                     271,837    0.00%      GENERAL. FUND TRANSFER- OPERATING SUBSIDY
           01!1er                                  3,848                  520                 5,000                                         5,000                                       5,000    0.00%
                                        $        855 101    $         862,969   s           867 337   s       330 365             $       867 337    $                   $            867 337    0.00%

70805     Operating Expenditures
5100         Salaries & Benefits        $         11,120    $          11,543   s            11,837   s         3,067     26%     s        11,837    $                   $             11,837    0.00%
5200         Operating Supplies                                                                                           N'A                                                                    0_00%
5300         Contractual Services                842,086              835,912               870,000           240,553     28%             870,000                                     870,000    0.00%
5400         Other Expenses                                                                                               NIA                                                                    0.00%
5700         Capital Outlays                        1,460                 242                                             NIA                                                                    0.00%
5900         othe~ Financing Uses                                                                                         NIA                                                                    0.00%
                                                 8.54 666   s         847 697   $           881,837   $       243 620                                                    s
90000    Project Expenditures
                                                                                                                          28%
                                                                                                                                  '       881 837    $                                881 837    0.00%


5200       Operating Supplies           s                   s                   $                     $                   NIA     $                  $                   s                       0.00%
~       - Contractual Services                                                                                            NIA                                                                    0.00%
                                                            $                   $                     $                   NIA     $                  $
                                                 854,6"
                                                            '         847,697   $           881 837   $       243,620     28%     $       881,837                        's           881,837
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%
          Available Fund Balance. EOY   $           3~ $               19,133   $             3,445   $       105,878             $         4,633    s           1,188   $              3,445
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                   % Change
                                                                                   Original Budget   Actual Thru March Actual As% Revised Estimate          Change From          Original Budget   From 2001
                                            Actual 2000         ActuaI2001         Estimate 2002          2002            of Revised       2002             2002 Original        Estjmate 2002      Revised                           Comments
403     Sidewalk Improvement Fund
        Ava!lable Fund Balance. BOY     $          63,295   $        613,738   s            41,325   s       - (95,006)                $      (95,006) $         (136,331) $              41,325

        Revenues
         Special assessments            $        459,927    $        239,318   s           500,000   s                                 $     500,000    $                    $           500,000    0.00%
         Federal grants                                                                                                                                                                             0.00%
         Staie shared revenue                                                                                                                                                                       0.00%
         Charges for services                                                                                                                                                                       0.00%
         Interest income                           39,198             60,374                20,000                42S                          20,000                                     20,000    0.00%
         Operating transfers in                    97,219                                  100,000                                            100,000                                    100,000    0.00%
         o•~                                      826,068                                  800 000                                            800 000                                    800,000    0.00%      PROPOSED ISSUANCE OF SIDEWALK ASSESSMENT BONDS
                                        s       1.422.412   $        299,692   s         1.420.000   s            425                  $    1 420,000   $                    $         1 420,000    0.00%

30906   Operating Expenditures
5100      Salaries & Benefits           s                   $                  s                     s                       NIA       $                $                    $                      0.00%
5200      Operating Supplies                                                                                                 NIA                                                                    0.00%
5300      Contractual Services                                                                                               NIA                                                                    0.00%
5400      Other Expenses                                                                                                     NIA                                                                    0.00%
5700      Capital Outlays                                                                                                    NIA                                                                    0.00%
5900      Other__financing Uses                  14M14               373.443               401.612                           0%              401,612                                     401.612    0.00%      DEBT SERVICE
                                        s        143.014    $        373.443   s           401.612   $                       0%        $     401.612    $                    $           401.612    0.00%

90000   Project Expenditures
5200      Opera~ng Supplies             s                   s                  s                     s                       NIA       $                $                    $                      0.00%
5300      Contractual Services                   568.030             622,656               600,000               4,781       2%              300,000             (300,000)               600,000   100.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5400      Other Expenses                           6,520              12.337                                                 NIA                                                                    0.00%
5900      Othei:__Bnancing Uses                  154A05                                                                      NIA                                                                    0.00%
                                                 728 955    s        634 993   $           600.000   $           4,781       2%        $     300 000    $        {300 000) $             600.000   100.00%
                                                 871 969    s      1 008.436   $         1.001.612               4.781                 $     701.612

        Avai_!;lble Fund Balance· EOY   $        613,738    s        )95,006) $            459.713
                                                                                                     $

                                                                                                     $        (99,362)
                                                                                                                             "         s     623.382    $         163.669
                                                                                                                                                                           $

                                                                                                                                                                             $
                                                                                                                                                                                       1.001.612

                                                                                                                                                                                         459.713
                                                                                                                                                                                                   42.76%
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                               % Change
                                                                                   Original Budget   Actual Thru March Actual As% Revised Es~mate       Change From         Original Budget    From 2001
                                           Actual 2000         Actual 2001         Estimate 2002            2002        of Revised      2002            2002 Origk,al       Estimate 2002       Revised                           Comments

404     Public Improvement Fund
        Available Fund Balance. BOY

        Revenues
                                       $       1.354,812
                                                           '
                                                                     421,441
                                                                               '         1,400,338   $      1,564,898            $      1,564,898   $         164,560   $         1,466:~~!f

         Special assessments
                                                           '
                                       $                                       $                     $                           $                  $                   $                       0,00%
         Pmpertytaxes                                                                                                                                                                           0.00%
         Federal grants                                                                    295,200            26.450                     295200                                     295,200     0.00%      EDA GRANT FOR SEAWAY INDUSTRIAL f'>ARK
         Contributions                                             1,200,000                                                                                                                    0.00%
         Sales of Property                      148,053               76,257               100,000            20.499                     100,000                                    100,000     0.00%
         Interest income                         51,375               31,890                25,000             8,609                      25,000                                     25,000     0.00%
         Operating transfers in                 220,000              450,000               150,000            37,500                     150,000                                    150,000     0.00%      GENERAL FUND TRANSFER- FIRE EQUIPMENT RESERVE
         Other                                   35 643               31,859                                                                                                                    0.00%
                                                455,071    $       1,790,006               570.200   $        93,058
                                                                                                                                 '
                                                                               $

30936   Operating Expenditures
                                                                                                                                         570.200    $
                                                                                                                                                                        '           570 200     0.00%


5100      Salaries & Benefits
                                                                                                     '                           '
                                       $                   $                   $                                          NIA
                                                                                                                                                                        '
                                                                                                                                                    $                                           0.00%
5200      Operating Supplies                                                                                              NIA                                                                   0,00%
5300      Contractual Services                                                                                26,450      NIA                                                                   0.00%
5400      Other Expenses                                                                                                  NIA                                                                   0.00%
5700      Capital Ou~ays                                                                                                  NIA                                                                   0.00%
5900      Other Financiog Uses                  105,000                                                                   NIA                                                                   0.00%
                                                105,000

90000   Project Expenditures
                                                           '                   $                     $        26450       NIA
                                                                                                                                 '                  '                   '                       0.00%


5200       Operating Supplies
                                                                                                                                 '                  '                   '
                                       $                   $                   $                     $                    NIA                                                                   0.00%
$300       Contractual Services                 696,960               53,375                                   3,144      NIA                                                                   0.00%
5400       Other Expenses                                                                                                 NIA                                                                   0.00%
$700       Caeital Outla:i§;                     586 482             593,174               224.000            61852      28%             224 000                                    224,000     0.00%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                               1,283.442   $         646,549               224,000   $        64,996                     224,000                                    224,000
                                                                                                                                 ''                 '                   '
                                                                               $                                         29%                                                                    0.00%

                                                           '
                                               1,388.442             646,549   5           224,000   5        91 446     4'%             224 000                        $           224,000     0.00%

        Available Fund Balance - EOY
                                       '        421,441
                                                           '
                                                                   1,564,898   $         1,7:l_§.~ $        1,566,510
                                                                                                                                 '
                                                                                                                                        1,911,098
                                                                                                                                                    '
                                                                                                                                                              164,560   $         1,746,538
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                 % Change
                                                                                     Original Budget   Actual Thru March Actual As% Revised Estimate       Change From         Original Budget   From2001
                                             Actual 2000         Actual 2001         Estimate 2002          2002             of Revised       2002         2002 Original       Estimate 2002      Revised                         Comments
474     Coastal Zone Management Fund
        Available Fund Balance - BOY     $           2,627   s           2,627   $             2,627   $                                  $            $           (2,627) S

        Revenues
         Special assessments             $                   $                   $                     $                                  $            s                   s                      0.00%
         State grants                                                                                                                                                                             0.00%
         Federal grants                                                 23,480                                                                                                                    0.00%
         Sales of Property                                                                                                                                                                        0.00%
         Interest income                                                                                                                                                                          0.00%
         Operating transfers in                                         20,853                                                                                                                    0.00%
         Other                                                                                                                                                                                    0.00%
                                                             s          44,333   $                     $                                  $            $                   s                      0.00%

30936   Operating Expenditures
5100      Salaries & Benefits            $                   $                   $                     $                        NIA       $            s                   $                      0.00%
5200       Operating Supplies                                                                                                   NIA                                                               0.00%
5300       Contractual Services                                                                                                 NIA                                                               0.00%
'400       Other Expenses                                                                                                       WA                                                                0.00%
5700       Capital Outlays                                                                                                      NIA                                                               0.00%
5900       Qther Financin Uses                                                                                                  NIA                                                               0.00%
                                                             s                   $                     $                        WA        $            s                   $                      0.00%

90000   Project Expenditures
5200      Operating Supplies             $                   s                   $                     $                        NIA       $            s                   $                      0.00%
5300      Contractual Services                                          46,960                                     3,143        NIA                                                               0.00%
S700      Caeital Outlal:'..l!                                                                                                  WA                                                                0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                         $                   s          46 960   $                     $           3.143        NIA       $            s                   $                      0.00%
                                         $                   s          46,960   $                     $           3143         NIA       $                                $                      0.00%

        Available,_f'_~nd Balance" EOY   $           2.627   s                   $             2,627   $           lJ.143)                $            s           (2,627) $
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                % Change
                                                                                  Original Budget   Actual Thru March Actual As% Revised Estimate       Change From           Original Budget   From2001
                                          Actual2000         Actual 2001          Estimate 2002            2002        of Revised     2002              2002 Origin!"ll       Estimate 2002      Revised                         Comments
482     State Grants Fund
        Available Fund Balance. BOY                                                                                              ,-
        Revenues
                                      '                  '                   '                      '
         Special assessments                                                 s                                                   s
         State grants
         Federal grants
                                      '        275,965
                                                73,386
                                                         '         363,056
                                                                   406,614
                                                                                        2,778,099
                                                                                                    $
                                                                                                             105,949                    2,778,099
                                                                                                                                                    $                     $
                                                                                                                                                                                    2,778,099
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%
         Sales of Property                                                                                                                                                                       0.00%
         Interest income                                                                                                                                                                         0.00%
         Operating transfers in                601,173             693,281                346,000                                         346,000                                     346,000    0.00%     LOCAL MATCHES
         Other                                                                          1 000,000                                       1 000,000                                   1,000,000    0.00%     CORE COMMUNITIES GRANT
                                      $        950 524   $                   s          4,124 099                                s
30936   Operating Expenditures
                                                                 1.462,951
                                                                                                    '        105,949                    4 124 099
                                                                                                                                                    '                     '         4124 099     0.00%


5100      Salaries & Benefits                                                s                      s                            s
5200
5300
          Operating Supplies
          Contractual Services
                                      '                  '                                                               N'A
                                                                                                                         NIA
                                                                                                                         NIA
                                                                                                                                                    '                     '                      0.00%
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%
S400      Other Expenses                                                                                                 NIA                                                                     0.00%
5700      Capital Outlays                                                                                                NIA                                                                     0,00%
5900      Other Financin Uses                                                                                            NIA                                                                     0.00%
                                      $                  $                                          s
90000   Project Expenditures
                                                                             '                                           NIA     $
                                                                                                                                                    '                     '                      0.00%


5200      Operating Supplies          s                  s                                          s
5300
5700
          Contractual Services
          Caeital Outla1-1
                                               950,524           1.283,344
                                                                   179,607
                                                                             '          4,124.099
                                                                                                             37,895
                                                                                                             48,643
                                                                                                                         NIA
                                                                                                                         NIA
                                                                                                                         1%
                                                                                                                                 $

                                                                                                                                       4124,099
                                                                                                                                                    '                     $

                                                                                                                                                                                    4124 099
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%
                                                                                                                                                                                                 0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                      s                  s
                                                                             ''
                                               950524            1,462 951              4124,099             86 538                    4,124 099

                                                                                                                                 ''                 '
                                                                                                    $                    2%                                               $         4,124,099    0,00%
                                      s        950,524   s       1.462 951              4,124,099   s        86.538      2%            4,124,099                          $         4,124,099    0.00%

        Available Fund Balance. EOY   $                  s
                                                                             '                      '        19.411              $                  $                     $
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                     % Change
                                                                                       Original Budget   Actual Thru March Actual k. % Revised Estimate       Change From         Original Budget    From 2001
                                              Actual 2000          Actual 2001         Estimate 2002           2002         of Revised       2002             2002 Original       Estimate 2002       Revised                           Comments
594     Marina & Launch Ramp Fund
        Available Cash Balance. BOY       $          62,225    I           2,292   s           126,329   $         66,148                $      66,148    $         (60,181) S            126,~2_9

        Revenues
         Special assessments              $                                        s                                                                                          s
         State grants
         State shared revenue
                                                               '         159,150               122,500
                                                                                                         $
                                                                                                                                         '     122,500
                                                                                                                                                          $
                                                                                                                                                                                          122,500
                                                                                                                                                                                                      0.00%
                                                                                                                                                                                                      0.00%
                                                                                                                                                                                                      0.00%
         Charges for services                      273,456               292,144               276,600             90,642                      276,600                                    276,600     0,00%
         Interest income                              5,184                1,544                 5,000                353                        5,000                                      5,000     0,00%
         Operating transfers in                                                                                                                                                                       0.00%
         Other                                      10,797                 2,128                                                                                                                      0.00%
                                          s        289 437     $         454966    s           404,100   $         90 995                $     404100     s                   s           404,100     0.00%

70756   Operating Expenditures
5100      Salaries & Benefits             s          74,283    s          92,244   $           114,172   $         10,015     9%         s     114,172    s                   s           114,172     0.00%
5200      Operating Supplies                         17,771                7,942                 9,650                360     4%                 9,650                                      9,650     0.00%
5300      Contractual Services                     143,006               127.477               100,223             11,934     12%              100,223                                    100,223     0.00%
5400      Other Expenses                             2,307                   545                 1,000                        0%                 1,000                                      1,000     0.00%
5700      Capital Ou~ays                             1,350                   560                                               NIA                                                                    0.00%
5900      Other Financing Uses                         (841)                                                                   NIA                                                                    0.00%
          Other Cash Uses (e.g . Debt
        Pr~)_                                                              5,126                                              NIA                                                                     0.00%
                                                   237,876     s         223 643   $           225 045   $         22,309     10%        s     225,045    s                   s           225 045     0.00%

90000   Project Expenditures
5200      Operating Supplies              $                    s                   $                     $                    WA         s                s                   $                       0.00%
5300      Contractual Services                     111.494              167,467                245,000             90,070     37%              245,000                                    245,000     0.00%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
~zoo      Capital Outl_a_yi;_                                                                                                 WA                                                                      0.00%
                                                   111.494     s        167.467    $           245,000   $         90,070     37%        s     245,000    s                   $           245,000     0.00%
                                                   349.370     s         391,110   $           470,045   $        112 379     24%        s     470,045                        s           470,045     0.00%

        Available Cash Balance. EQ!____   $           2,292    $          66,148   $            60,384   $         44,764                s          203   s         (60,181) $             60,384
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                  % Change

                                             Actwal2000         Actual 2001
                                                                                    Original Budget
                                                                                    Estimate 2002              2002       of Revised      ,oo,
                                                                                                      Actl.lal Thru March Actual As% Revised Estimate       Change From
                                                                                                                                                            2002 Original
                                                                                                                                                                                Original Budget
                                                                                                                                                                                Estimate 2002
                                                                                                                                                                                                  From 2001
                                                                                                                                                                                                   Revised                          Comments
584     Municipal Golf Course Fund
        Available Cash Balance. BOY      $      1,564,213   s       1,151,296   $           567,480   $        492,650              $        492,650    s ~-c.-1 s                      567,480

        Revenues
         Special assessments             $                  s                   $                     $                             $                   $                   s                      0.00%
         State grants                                                                                                                                                                              0.00%
         State shared revenue                                                                                                                                                                      0.00%
         Charges for services                                                                                                                                                                      0.00%
         Interest income                           86,159              55,488                40,000              3,033                        40,000                                     40,000    0.00%
         Operating transfers in                                                                                                                                                                    0.00%
         Other                                                                                                                                                                                     0.00%
                                         $         86 159   $          55,488   s            40,000   s          3,033              $         ,0000     $                   $            '° 000    0.00%

70542   Operating Expenditures
5100      Salaries & Beriefils           $                  $                   s                     s                     NIA     $                   $                   $                      0.00%
5200       Operating Supplies                                                                                               NIA                                                                    0.00%
5300       Contractual Services                     2,903                                                                   NIA                                                                    0.00%
5400       Other Expenses                                                                                                   NIA                                                                    0.00%
5700       Capital Ou~ays                                                                                                   NIA                                                                    0.00%
5900       Other Financing Uses                   496,173            714,134                241,000                         0%               241,000                                    241,000    0.00%      LOCAL MATCH FOR TRAIL PROJECT GRANTS
           Other Cash Uses (e.g., Debt
        f:[incip~                                                                                                           NIA                                                                    0.00%
                                                  499 076   $        714,134    $           241 000   $                     0%      s        241 000    $                   $           241 000    0.00%
90000   Project Expenditures
5,00      Operating Supplies             $                  s                   $                     $                     NIA     s                   $                   $                      0.00%
5300      Contractual Services                                                                                              NIA                                                                    0.00%
5700      Cag}tal Outla~                                                                                                    NIA                                                                    0.00%
                                                            s                   $                     $                     NIA     s                   s                   $                      0.00%
                                                  499076    s        714134     $           241.000   $                     0%      s        241,000                        $           241.000    0.00%

        Available Cash Balar,_~ • EOY    $      1,151,296   s        492,650    $           366,480   $        495.683              $        291,550    s         (74,830) S            366,480
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                      % Change
                                                                                       Original Budget   Actual Thru March Actual k, % Revised Estimate         Change From         Original Budget   From 2001
                                               Actual 2000         Actual 2001         Estimate 2002            2002        of Revised      2002                2002 Original       Estimate 2002      Revised                          Comments
661     Equipment Fund
                                                                                                                                            - -
        Available Cash Balance - BOY       s        499,092    $         380,984 $             399,649   s        367,851              $          367,851   s         (31,798) $            399,649

        Revenues
         Special assessments               s                   $                   $                     s                             $                    s                   $                      0.00%
         State grants                                                                                                                                                                                  0.00%
         State shared revenue                                                                                                                                                                          0.00%
         Charges for services                      1,950,310           1,985,638             1,950,000            585,579                    1,950,000                                    1,950,000    0.00%
         Interest income                              27,193              21,873                40,000              2,217                       40,000                                       40,000    0.00%
         Operating transfers in                                                                                                                                                                        0.00%
         oc~                                        193,377              127,412               100,000              9,118                         100.000                                   100,000    0.00%
                                           s       2170 880    $       2134 923    $         2 090,000   s        596,914              $     2,090,000      $                   $         2 090,000    0.00%

60932   Operating Expenditures
5100        Salaries & Benefits            $        364,899    $         446,604   $           403,801   s         96,687     24%      $          403,801   s                   $           403,801    0.00%
5200        Operating Supplies                      606,768              649,641               561,230             77,590     1'%                 561,230                                   561,230    0.00%
5300        Contractual Services                    393,192              459,869               404,596             77,174     19%                 404.596                                   404,596    0.00%
5400        Other Expenses                            3,357                4,070                 3,500              1,668     '8%                   3,500                                     3.500    0.00%
5700        Capital Outlays                         872,983              713,321               766.450            226,951     30%                 766,450                                   766,450    0.00%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5900        Other Financing Uses                                                                                              N/A                                                                      0.00%
            Other Cash Uses (e.g .. Debt
        _Pring_Q_aj)_                                47,789             125,449                                               NIA                                                                      0.00%
                                                   2J88 988    $       2148 056    $         2139577     s        480,270     22%      $     2,139.577      $                   $         2139577      0.00%

90000   Project Expenditures
5200       Operating Supplies              $                   $                   $                     s                    N/A      $                    s                   $                      0.00%
5300      Contractual Services                                                                                                N/A                                                                      0.00%
5700      CaQital Outr~                                                                                                       N/A                                                                      0.00%
                                                               $                   $                     s                    N/A      $                    $                   $                      0.00%
                                                   2688 988    $       2 148 056   $         2139,577    s        480,270     22%      $     2,139,577                          $         2139,577     0.00%

        Available Cash Balance - EQY___    $        380,984    $         367,851   $           350,072   $        484,495              $          318.274   $         (31,798) $            350,072
        City of Muskegon
        1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                     % Change
                                                                                        Original Budget   Actual Thru March Actual As% Revised Estimate       Change From         Original Budget    From 2001
                                                Actual2000         Actual 2001          Estimate 2002            2002        of Revised     2002              2002 Original       Estimate 2002       Revised                           Comments
642     Public Service Building Fund
        Available Cash Balance. BOY         $         34,173   s        (200,038) $            (118,928) $        p10,1s1i             $       (110,757) S            8,171   $          1118ji8)
        Revenues
         Special assessments                $                  $                    $                     $                            s                  $                   $                       0.00%
         State grants                                                                                                                                                                                 0.00%
         State shared revenue                                                                                                                                                                         0.00%
         Charges for services                        460,000             557,060                557,060            153,192                     557,060                                    557,060     0.00%
         Interest income                                                                          1,000                                          1,000                                      1,000     0.00%
         Operating transfers in                                                                                                                                                                       0.00%
         Other                                           427                                                                                                                                          0.00%
                                                     460.427   $         557 060    s           55M60     $        153192              s       558,060    $                   $           558 060     0.00%

60442   Operating Expenditures
5100      Salaries & Benefits               $        174,399   $         178,227    s           177,609   s         39,376    22%      $       177,609    $                   $           177,609     0.00%
5200       Operating Supplies                         19,767              22,582                 26,950              6,224    23%               26,950                                     26,950     0.00%
5300       Contractual Services                      215,070             193.076                222,268             43,759    20%              222,268                                    222,268     0.00%
5400       Other Expenses                             10,956              (1,951}                 2,000                [80)   -4%                2.000                                      2,000     0.00%
5700       Capital OuUays                             18,961              68,738                                    24,187     NIA                                                                    0.00%
5900       Other Financing Uses                                                                                                NIA                                                                    0.00%
        Other Cash Uses and Adjustments
        ~gbtPrincipal                                 21,076               7.107                                               NIA                                                                    0.00%
                                            $        418 077   $         467 779    $           428.827   $        113 466    26%      $       428 827    $                   $           428.827     0.00%
90000   Project Expenditures
5200      Operating Supplies                s                  $                    $                     $                   NIA      $                  $                   s                       0.00%
5300      Contractual Services                       276,561                                    159,350            45,690     29%              159,350                                    159,350     0.00%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700      Ca ital 01.!tfa                                                                                                     NIA                                                                     0.00%
                                            s        276.561   s                    $           159.350   $        45 690     2'%      $       159,350    $                   s           159,350     0.00%
                                            $        694 638   s        467 779     $           588.177   $       159156      27%      $       588177                         s           588.177     0.00%

        Ava_ilable Cash Balance ~_§:0..!_   s       (200,038) S         (110,757) $            (149.045) $        (116,721)            $       (140.874) S            8,171   s          (149.045)
            City of Muskegon
            1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                     % Change
                                                                                         Original Budget   Actual Thru March Actual As% Revised Estimate       Change From         Original Budget   From2001
                                                 Actual 2000         Actual 2001         Estimate 2002          2002          of Revised       2002            2002 Original       Estimate 2002      Revlsed   Comments
 643        Engineering Services Fund
           Available Cash Balance. BOY       $          86,178   $         117.697   $           140,189   $        144,167                $     144,167   $           3,978   $           140,189

            Revenues
             Special assessments             $                   $                   $                     $                               $               $                   $                      0.00%
             State grants                                                                                                                                                                             0.00%
             State shared revenue                                                                                                                                                                     0,00%
             Charges for services                     478,738              554,621               656,756            113,206                      656,756                                   656,756    0.00%
             Interest income                            5,749                6,378                10,000                810                       10,000                                    10,000    0.00%
             Operating transfers in                                                                                                                                                                   0.00%
             Other                                     24 762               28,005                                      183                                                                           0.00%
                                             $        509.249    $         589,004   $           666,756   $        114,199                $     666,756   $                   $           666,756    0.00%

60447      Operating Expenditures
5100          Salaries & Benefits            $        348,155    $         405,175   $           494,560   $         82,468     17%        $     494,560   $                   $           494,560    0.00%
5200          Operating Supplies                       15,188               18,746                20,530              7,234     35%               20,530                                    20,530    0.00%
5300          Contractual Services                    107,040              127,790               134,612             29,158     22%              134,612                                   134,612    0.00%
5400          Other Expenses                            3,964                1,844                 6,300                184     3%                 6,300                                     6,300    0.00%
5700          Capital Outlays                          22,025               14,568                16,650              1.980     12%               16,650                                    16,650    0.00%
5900          Other Financing Uses                                                                                               NIA                                                                  0.00%
           Other Cash Uses and Adjustments
           e.g .. Debt Princii;ialL____                19.413                5,967                                               NIA                                                                  0.00%
                                                      476,959    $         562,156   $           672.652   $        121,024     18%        s     672 652   $                   $           672.652    0.00%

90000        Project Expenditures
5200           Operating Supplies            $                   $                   $                     s                     NIA       $               $                   $                      0.00%
5300           Contractual Services                       771                  378                                     378       NIA                                                                  0.00%
fil:QQ___ __   Ca11ital Cutia~                                                                                                   NIA                                                                  0.00%
                                                          771    $           378     $                     $            378      NIA       $               $                   $                      0.00%
                                                                 $
                                                                                     '
                                                      477 730             562534                 672.652   $        121 402     18%        $     672.652                       $           672.652    0.00%
           Available Cash Balance. EOY       $        117,697    $         144,167   $           134,293   $        136,964                $     138,271   $           3,978   $           134,293
          City of Muskegon
          1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                      % Change
                                                                                         Original Budget   Actual Thru March Actual As % Revised Estimate       Change From         Original Budget   From 2001
                                                Actual 2000          Actual 2001         Estimate 2002            2002        of Revised      2002              2002 Original       Estimate 2002      Revised                         Comments
677       General Insurance Fund
          Available Cash Balance. BOY       $       1,193,782   s          935,251   s         1,038,212   s        855,366

          Revenues
                                                                                                                                         '       855,366    $        (182,846) $          1,038,212


           Special assessments              $                   s                    s                     s
           State grants
           State shared revenue
                                                                                                                                         '                  $                   $                      0.00%
                                                                                                                                                                                                       0.00%
                                                                                                                                                                                                       0.00%
           Charges for services                     1,978,797            2,169,113             2,634,320            520,593                    2,634,320                                  2,634,320    0.00%
           Interest income                             55,393               33.408                40,000              4,543                       40,000                                     40,000    0.00%
           Operating transfers in                     784,995              881,596               900,000                                         900,000                                    900,000    0.00%      TRANSFER FROM PENSION FUNDS FOR RETIREE HEALTHCARE
          .illtl!l'r_                                 117 275               11,750                75,000              1,114                       75,000                                     75 000    0.00%
                                            $       2 936 460   $        3,095,867   $         3 649,320   s        526,250              s     3.649.320    $                   $         3,649,320    Q.00%

30851     Operating Expenditures
5100         Salaries & Benefits            s           5,712   $           42,455                44,910   $         64,686     144%              44,910    $                                44,910    0,00%
5200         Operating Supplies                           47S                  922                 1,000                 63      6%                1,000                                      1,000    0.00%
5300         Contractual Services                   3,072,981            3,243,323             3,534,320            796,134     23%            3,534,320                                  3,534,320    0.00%
5'00         Other Expenses                               461                2,075                 2,000                118      6%                2,000                                      2,000    0.00%
5700         Capital Outlays                                                 2.405                 2,000                315      16%               2,000                                      2,000    0.00%
5900         Other Financing Uses                                                                                                NIA                                                                   0.00%
          Other Cash Uses and Adjustments
          e.g .. Debt Princii:ial)                    115,362              115.428                                              NIA                                                                    0.00%
                                                    3,194,991   $        3 175,752 $           3 584,230   $        861,316     24%      $     3,584,230    s                   $         3,584J30     0.00%
90000     Project Expenditures
5200         Operating Supplies             $                   $                    $                     $                    NIA      $                  s                   $                      0.00%
5300         Contractual Services                                                                                               NIA                                                                    0.00%
5700 __      CapJtal Outlal'§                                                                                                   NIA                                                                    0.00%

                                                    3,194.991   's       3175 752
                                                                                     $
                                                                                     s         3,584,230
                                                                                                           $

                                                                                                           '        861 316
                                                                                                                                NIA
                                                                                                                                24%
                                                                                                                                         $
                                                                                                                                         $     3,584,230
                                                                                                                                                            $                   $
                                                                                                                                                                                $         3,584.230
                                                                                                                                                                                                       0.00%
                                                                                                                                                                                                       0.00%
          Available Cash Bala!!_ee • EOY    $        935,251    s          855,366   $         ~.103,302   $        520,300              $       920.456
                                                                                                                                                                                '         1,103,302
          City of Muskegon
          1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                         % Change
                                                                                          Original Budget   Actual Thru March Actual As % Revised Estimate        Change From          Original Budget   From 2001
                                                  Actual 2000         Actual 2001         Esumate 2002            2002           of Revised       2002            2002 Original        Estimate 2002      Revised                           Comments
591       Water Fund
          Available Cash Balance. BOY         s       6,094,347   $       5,982,941   $         5,148,538   $      5,071,320                  $   5,071,320   s         (77.218)   $         5,148,538

          Revenues
           Special assessments                $                   $                   $                     $                                 $               $                    $                      0.00%
           Federal grants                                                                          90,000                                            90,000                                     90,000    0.00%      EDA GAANT FOR SEAWAY INDUSTRIAL PARK
           State grants                                                                           100,000                                           100,000                                    100,000    0.00%      SHORELINE DRIVE
           State shared revenue                                                                                                                                                                           0.00%
           Charges for services. City                 3,531,540           3,980,059             3,550,000                8.220                    3,550,000                                  3,550,000    0.00%
           Charges for services - Township                                                        450,000                3,634                      450,000                                    450,000    0.00%
           Hydrant Rental - Township                                                                                                                                                                      0.00%
           Interest income                             320,696              230,864              140,000              12,518                       140,000                                     140,000    0.00%
           Operating transfers in                                           454,812               54,000                                            54,000                                      54,000    0.00%
           Other                                         84,101              52,184              100 000              58,897                       100,000                                     100,000    0.00%
                                              $       3.936,337   s       4,717,919   s         4484 000    $         83,269                  s   4484 000    $                    $         4 484 000    0.00%

30548     Operating Expenditures Administration
5100         Salaries & Benefits              $                   $                   s                     $                       NIA       s               $                    $                      0.00%
5200         Operating Supplies                                                 10                                                  NIA                                                                   0.00%
5300         Contractual Services                      359,581             453,613                481,606             93,023       19%              481,606                                    481,606    0.00%      INSURANCE/INDIRECTCOSTS/ADMININISTRATION FEE
5400         Other Expenses                              7,431               6,144                                                  NIA                                                                   0.00%
5700         Capital Ou~ay.;                                45                                                                      NIA                                                                   0.00%
5900         Other Financing Uses                      495,727             471,301                432,270                5,349      1%              432,270                                    432,270    0.00%      INTEREST ON WATER BONDS
          Other Cash Uses and Adjustments
          {e.g .. Debt Princieal)                      302,213             591,739                390,000                           0%              390,000                                    390,000    0.00%      PRINCIPAL ON WATER BONDS
                                              s       1164,997    $       1522807     $         1 303 876   s         98,372        8%        $   1,303,876   $                    $         1,303 876    0.00%

60559     Operating Expenditures Maintenance. City
5100        Salaries & Benefits               s        698,628    $        788,512    $           601,859   s        145,963       24%        $     601,859   $                    $           601,859    0.00%
5200        Operating Supplies                         237,968             235,205                 92,350             20,168       22%               92,350                                     92,350    0.00%
5300        Contractual Services                       293,031             350,528                321,312             87,028       27%              321,312                                    321,312    0.00%
5400        Other Expenses                              71,680              12,356                  4,130              3,239       78%                4,130                                      4,130    0.00%
5700        Capital Outlays                              5,129               7,327                 10,900              1,778       16%               10,900                                     10,900    0.00%
5900        Ot/ler Financing Uses                                                                                                   NIA                                                                   0.00%
                                                      1,306.436   s       1,393 928   $         1,030,551   $        258176        25%        $   1 030,551   s                    s         1 030551     0.00%

          Operating Expenditures Maintenance. Township
'°'"
5100        Salaries & Benefits            $         3,190        s        206,700    s          292,602    $         50,389       17%        $     292,602   s                    s           292,602    0.00%
5200        Operating Supplies                         863                   9,526                12,483                 365        3%               12,483                                     12,483    0.00%
5300        Contractual Services                        47                 120,508               125,594              27,030       22%              125,594                                    125,594    0.00%
5400        Other Expenses                                                     4'9                 1,420                  13        1%                1,420                                      1,420    0.00%
5700        Capital Outlays                                                     800                4,350               1.399       32%                4,350                                      4,350    0.00%
5900        Other Financing Uses                                                                                                    NIA                                                                   0.00%
                                              s          4,100    $        338,003    s           436,449   $         79,196       18%        $     436.449   $                    s           436,449    0.00%

60558     Operating Expenditures Filtration
5100        Salaries & Benefits               s        469,642    $        440.416    $           480,724   $        105,772       22%        s     480,724   $                    $           480,724    0.00%
5200        Operating Supplies                         121,252             115,076                107,140             22,291       21%              107,140                                    107,140    0.00%
5300        Contractual Services                       285,375             349,281                400,250             44,103       11%              400,250                                    400,250    0.00%
5400        Other Expenses                               3,546               2,374                  4,150                '75       16%                4,150                                      4,150    0.00%
5700        Capital OLJ!lays                            27,339             104,236                 39,950                s.ns      17%               39,950                                     39,950    0.00%
5900 --     Other Financi!!Q Uses                                                                                                   NIA                                                                   0,00%
                                                       907154     $       1,011,383   $         1 032.214   s        179 617       17%        s   1,032 214   $                    $         1 032,214    0.9_0%

90000     Project Expenditures
5200         Operating Supplies               $                   $                   $                     s                       NIA       $               $                    $                      0.00%
5300         Contractual Services                      665,056           1,363,419              5,288,771             32,285        1%            5,232,771             (56,000)             5,288,771    1.07%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700         Cai;iital Outla~                                                                                                       NIA                                                                   0.00%
                                                       665,056    s      1,363,419    $         5,286,771   s         32,285        1%        $   5,232,771   $         (56,000) $           5,268,771    1.07%
                                                     4,047743     s      5 629 540    $         9 091 861   s        647 646        '%        $   9,035 861                        $         9 091,861    0.62%

          Available Cash Balance. EOY         .1______§_,_~,~s_          5,071,320    $          540,677    s      4,506,943                  $     519,459   $         \21,218) $             540,677
          City of Muskegon
          1st Quarter Budget Reforecast - Non-General Funds
                                                                                                                                                                                                      % Change
                                                                                          Original Budget   Actual Thru March Actual As% Revised Estimate       Change From         Original Budget   From 2001
                                                  Actual 2000         Actual 2001         Estimate 2002            2002        of Revised     2002              2002 Original       Estimate 2002      Revised                           Comments


590       Sewer Fund
          Available Cash Balance - BOY       $         787,448    $       1.445,721   $         1,266,849   s      1,027,063             $      1,027,063   $        (239,786) S          1,266,849

          Revenues
           Special assessments               $                    s                   $                     $                            $                  $                   s                        0.00%
           Federal grants                                                                           3,000                                          3,000                                      3,000      0.00%
           State grants                                                                           100,000           462,131                      560,000              460,000               100,000    -82.14%    SHORELINE DRIVE
           State shared revenue                                                                                                                                                                          0.00%
           Charges for services                       3,989,052           3,808,493             4,750,000                                       4,750,000                                 4,750,000      0.00%
           Interest income                               54,362              69,601                40,000              6,180                       40,000                                    40,000      0.00%
           Operating transfers in                                                                                                                                                                        0.00%
           Other                                        45,967              113,201                80.000             9,388                       80,000                                     80,000      0.00%
                                             s        4,089,381   s       3,991 295   $         4,973.000   $       477.699              $      5433 000    s         460,000   s         4,973,000     -8.47%

30$4'     Operating Expenditures Administration
5100         Salaries & Benefits             s                    s                   $                     $                   NIA      $                  s                   s                      0.00%
5200          Operating Supplies                                                                                                NIA                                                                    0.00%
5300         Contractual Services                      269,957              629,842               264,062             54,479    21%              264,062                                    264,062    0.00%      INSURANCE/INDIRECT COSTS/ADMININISTRATION FEE
5400         Other Expenses                             13,098                9,835                                             NIA                                                                    0.00%
5700         Capital Outlays                                45                                                                  NIA                                                                    0.00%
5900         Other Financing Uses                      216,776              651,981               176,043                        0%              176,043                                    176,043    0.00%      INTEREST ON SEWER BONDS
          Other Cash Uses and Adjustments
          (e.g .. Debt Princieal)                       714,619             551,971               458,918                        0%              458,918                                    458,918    0.00%      PRINCIPAL ON SEWER BONDS
                                                      1,214,495   $       1 843,629   $           899,023   $         54479      6%      $       899,023    s                   $           899.023    0.00%
60559     Operating Expenditures Maintenance
5100        Salaries & Benefits             $           551,757   $         587,142   $           725,420   $       135,000     19%      $        725,420   s                   $           725,420    0.00%
5200        Operating Supplies                           50,955              54,343                54,335             7,000     13%                54,335                                    54,335    0.00%
5300        Contractual Services                      1,346,297           1,684,616             2,086,204           203,982     10%             2,088,204                                 2,086,204    0.00%
5400        Other Expenses                                3,"2                2,093                 2,900               125     4%                  2,900                                     2,900    0.00%
5700        Capital Outlays                               8,380               8,511                17,700             2.067     12%                17,700                                    17,700    0.00%
5900        Other Financin Uses                                                                                                 NIA                                                                    0.00%
                                                      1 961 381   $       2,336,705   $         2,886,559   $       348,174     12%      $      2,886,559   s                   $         2,888.559    0.00%

90000   Project Expenditures
5200       Operating Supplies                $                    $                   $                     $                    NIA     $                  s                   $                       0.00%
5300       Contractual Services                        255,232             229,619                805,000             13,209     1%             1,264,000             459,000               805,000   -36,31%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700 ___ , CaQital Outla\1§                                                                                                      NIA                                                                    0.00%
                                                        255,232   $         229,619   s           805 000   $        13,209      1%      $      1,264,000   s         459,000   $           805,000   -36.31%
                                                      3.431,108   $       4.409,953   s         4,590,582   $       415,862      8%      $      5,049.582                       $         4,590,582    -9.09%

          Ava!lab!e Cash Balance - EOY       $        1,445,721   $       1,027,063   s         1,649,267   $      1,088,900             $      1,410,481                       $         1,649,267
City of Muskegon
1st Quarter Budget Reforecast
Budgeted Capital Improvements


                                                                                                          1st Quarter   3rd Quarter
                                                                                           Original
                                                                   Responsibility                             Budget        Budget                             Comments
                                                                                           Budget
                                                                                                          Reforecast    Reforecast



                                                                                2002 PROJECTS
101 General Fund
91 001   Community Center Design                                        Scott        $     100,000    $       8,000                   NEW COMMISSION PRIORITIES; RESIDUAL COSTS FOR STUDY
91002 Relocate Central Fire (Acquisition, Demolition)                 Simpson              250,000          100,000                             REDUCED DUE TO BUDGET SHORTFALL
91003 Alternate Power Supply for City Hall                            AI-Shatel            100,000          100,000
91004    Reese Park Restroom/Maintenance Building                       Scott              150,000          150,000
99012    Geographical Information System                               Moore                                  7,500
99019    Restlawn Office Renovation (Phase II)                          Scott               70,000           85,000                                  BIDS HIGHER THAN EXPECTED
                                                                                           670,000          450,500

404 Public lm~rovement Fund
91005 Demolish Hackley Fire Station {Incl Repeater Relocation)          Kuhn                70,000           70,000
99020 Seaway-Hackley Industrial Park Property Acquisition          Brubaker-Clarke          54,000           54,000
         Property Acquisition                                      Brubaker-Clarke          75,000           75,000
         Hovercraft                                                   Simpson               25,000           25,000
                                                                                           224,000          224,000

202 Major Streets
90041    Black Creek Road, Sherman to Latimer                         A!-Shatel           510,000             2,000                                  Special Assessment not Approved
90042    Washington, Division to Franklin                             AI-Shatel           225,000           350,000                                           Reconstruction
90043    Laketon, Peck to Park                                        AI-Shatel           550,000           550,000                      New Construction - Partially Funded by $440,000 STP Grant
90052    Division, Southern to Western                                AI-Shatel           210,000           175,000                                           Mill & Resurtace
90053    Southern, Division to Seaway                                 AI-Shatel           250,000           125,000                     Mill and Resurtace - Partially Funded by $130,000 TEDF Grant
90063    M-120 over Musekgon River                                    AI-Shatel                              55,000                                     carryover Costs from 2001
90020    Barney, Valley to Roberts                                    AI-Shatel                              14,000                                     Canyover Costs from 2001
90011    Barclay, Sherman to Hackley                                  AI-Shatel                              15,000                                     Carryover Costs from 2001
90056    Houston, Third to First                                      Al-Shate!           150,000           125,000                                       Mill & Resurface - CDBG
90058    Terrace St., Irwin to Iona                                   A!-Shatel           325,000           285,000                                           Reconstruction
90059    Harvey, Keating to South End {900' of Gravel Road)           AI-Shatel           100,000           100,000                                          New Construction
90060    Roberts, Keating to Laketon                                  AI-Shatel           171,000           125,000                      Mill and Resurtace - Partially Funded by $86,000 STP Grant
90061    State's Job (Seaway Drive, Southern to Sherman)              AI-Shatel            60,000            55,000
90063    State's Job (US31 SB Off Ramp at Sherman)                    AI-Shatel            15,000             3,000
91013    Laketon @ Barclay Intersection                               AI-Shatel                             160,000
96017    Shoreline Dr (incl Terrace Extension, Spring & Western)      AI-Shatel          5,850,000        5,850,000                        New Construction - Funded by $11.6 millionState Grant
96059    Sidewalks - Handicap Ramps                                   AI-Shatel             25,000           20,000
99020    Seaway-Hackley Industrial                                    Al-Shate!            114,000          114,000                                     Funded 60% by EDA Grant
         Unspecified Projects                                        A!-Shatel             200,000          260,000
                                                                                         8,755,000        8,383,000
City of Muskegon
1st Quarter Budget Reforecast
Budgeted Capital Improvements


                                                                                                 1st Quarter   3rd Quarter
                                                                                      Original
                                                                  Responsibility                     Budget        Budget                 Comments
                                                                                      Budget
                                                                                                 Reforecast     Reforecast



                                                                               2002 PROJECTS
203 Local Streets
90057 Leon, Harrison to Crozier (Gravel Street)                      Al-Sha tel      150,000       150,000                              New Construction
90064   Austin, Barney to Delano                                     Al-Shatel        90,000         6,000                               Reconstruction
90065   Sherin, Lakeshore Drive to Miner                             AI-Shate!       100,000        75,000                     New Construction and Reconstruction
96017   Shoreline Dr (inc! Terrace Extension, Spring & Western)      AI-Shatel        50,000        50,000                   New Construction • Funded by State Grant
96059   Sidewalks - Handicap Ramps                                   AI-Shatel        25,000        20,000
99020   Seaway-Hackley Industrial                                    AI-Shatel       255,000       255,000                          Funded 60% by EDA Grant
        Unspecified Projects                                         AI-Shatel       200,000       200,000
                                                                                     870,000       756,000
403 Sidewalks
96059   2002 Sidewalk Replacement Program                            AI-Shatel       600,000       300,000                   Financed With Special Assessment Bonds



482 State Grants Fund
90014   Clean Michigan Initiative (Teledyne-Streets, Utilities)   Brubaker-Clarke   1,601,000    1,601,000
90040   Lakeshore Trail Phase I (Heritage to Grand Trunk)              Scott          100,000      100,000                        Continued Property Acquisition
91006   Beachwood Park Renovation                                      Scott          405,000      405,000                            Local Match $105,000
91008   Core Communities Initiative (Te!edyne•Boardwalk)          Brubaker•Clarke   1,000,000    1,000,000                    Financed With Core Communities Loan
96096   Site Assessment Projects                                  Brubaker.Clarke     237,625      237,625
98022   Cole's Expansion                                          Brubaker•C!arke      99,056       99,056
98050   Lakeshore Trail Phase II (Laketon)                             Scott          281,000      281,000
99010   Clean Michigan Initiative (Amazon Building)               Brubaker•Clarke     100,418      100,418
99080   Lakeshore Trail Phase IV (Shoreline Drive)                     Scott          300,000      300,000
                                                                                    4,124,099    4,124,099
City of Muskegon
1st Quarter Budget Reforecast
Budgeted Capital Improvements


                                                                                                1st Quarter   3rd Quarter
                                                                                     Original
                                                                  Responsibility                    Budget        Budget                    Comments
                                                                                     Budget
                                                                                                Reforecast     Reforecast



                                                                             2002 PROJECTS
590 Sewer
90041   Black Creek Road, Sherman to Latimer                        AI-Shatel         10,000
90042   Washington, Division to Franklin                            Al-Shatel         80,000      140,000                       Street Project - Assoclated Utility Work
90043   Laketon, Peck to Park                                       A!-Shatel         10,000                                    Street Project - Assoclated Utility Work
90052   Division, Southern to Western                               AI-Shate!         15,000       15,000                       Street Project - Associated Utility Work
90053   Southern, Division to Seaway                                AI-Shatel         10,000        1,000                       Street Project -Associated Utility Work
90057   Leon, Harrison to Crozier                                   AI-Shatel         10,000        7,000                       Street Project -Associated Utility Work
90058   Terrace St, Irwin to Iona                                   AI-Shatel        150,000      150,000                       Street Project -Associated Utility Work
90059   Harvey, Keating to South end                                AI-Shatel         80,000      145,000                       Street Project -Associated Utility Work
90060   Roberts, Keating to Laketon                                 AI-Shatel          5,000        1,000                       Street Project -Associated Utility Work
90063   M-120 over Muskegon River                                   AI-Shatel                     463,000                           100% Reimbursed from MDOT
90065   Sherin, Lakeshore Drive to Miner                            AI-Shatel         10,000        1,000                       Street Project -Associated Utility Work
90066   Randolph, Westwood to End (Sewer Extension)                 AJ-Shatel         50,000       16,000                        Homes Currently on Septic Systems
90068   Industrial Park Liftstation                                 A!-Shatel        125,000      125,000
96017   Shoreline Dr (incl Terrace Extension, Spring & Western)     AI-Shate!        100,000      100,000                       Street Project - Associated Utility Work
99020   Seaway-Hackley Industrial                                   AI-Shate!        100,000      100,000                             Funded 60% by EDA Grant
        Unspecified Projects                                        AI-Shatel         50,000
                                                                                    805,000     1,264,000

591 Water
90041   Black Creek Road, Sherman to Latimer                        Al-Shatel         10,000                                    Street Project - Associated Utility Work
90042   Washington, Division to Franklin                            Al-Shatel        125,000      140,000                       Street Project - Associated Utility Work
90043   Laketon, Peck to Park                                       Al-Shatel         10,000       10,000                      Street Project -Associated Utility Work
90052   Division, Southern to Western                               AI-Shate!        100,000      100,000                      Street Project - Associated Utility Work
90053   Southern, Division to Seaway                                AI-Shatel         15,000        1,000                      Street Project -Associated Utility Work
90056   Houston, Third to First                                     AI-Shatel         75,000       30,000                      Street Project -Associated Utility Work
90057   Leon, Harrison to Crozier                                   AI-Shatel         10,000        7,000                      Street Project -Associated Utility Work
90058   Terrace St, Irwin to Iona                                   AI-Shatel        150,000      190,000                      Street Project - Associated Utility Work
90060 Roberts, Keating to Laketon                                   AI-Shatel          5,000        1,000                      Street Project - Associated Utility Work
90065 Sherin, Lakeshore Drive to Miner                              AI-Shatel         40,000       55,000                      Street Project - Associated Utility Work
90067   Marshall St. Tank Painting                                    Kuhn           200,000      200,000
96017   Shoreline Dr {incl Terrace Extension, Spring & Western)     AI-Shate!        100,000      100,000                      Street Project - Associated Utility Work
97041   Water Filtration Plant Improvements                           Kuhn         4,298,771    4,298,771                   Financed With 1999 Water Improvement Bonds
99020   Seaway-Hackley Industrial                                   Al-Sha tel       100,000      100,000                            Funded 60% by EDA Grant
        Unspecified Projects                                        AI-Shatel         50,000
                                                                                   5,288,771    5,232,771
City of Muskegon
1st Quarter Budget Reforecast
Budgeted Capital Improvements


                                                                                            1st Quarter    3rd Quarter
                                                                            Original
                                                    Responsibility                              Budget         Budget            Comments
                                                                            Budget
                                                                                            Reforecast      Reforecast



                                                                2002 PROJECTS
594 Marina & Launch Ramp
91 007   Hartshorn Electrical Upgrade                   Scott              245,000             245,000                   Financed 50% With State Grant



642 Public Service Building
99040    Public Service Building Renovation             Kuhn               159,350             159,350

661 Equipment Fund
         Patrol Car Replacements (10)                   Kuhn               206,250             206,250                           Replacement
         Plow Truck Replacements (1)                    Kuhn                67,000              67,000                           Repracement
         Dump Truck (1)                                 Kuhn                76,000              76,000                           Replacement
         Pickup Trucks 3/4 Ton (2)                      Kuhn                36,000              36,000                           Replacement
         Mini-Pickup Trucks (2)                         Kuhn                30,000              30,000                           Replacement
         Excavator (1)                                  Kuhn               113,000             113,000                    New - Will Replace Backhoe
         Holder (1)                                     Kuhn                75,000              75,000                           Replacement
         Sedans (6)                                     Kuhn                96,000              96,000                           Replacement
         Radios and Various Other Minor Equipment       Kuhn                67,200              67,200                           Replacement
                                                                           766,450             766,450

                                                                     $   22,577,670    L____gJ ,975, 170
                  Commission Meeting Date: May 14, 2002

Date:                 May 14, 2002
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department CfJC-.
RE:                   Purchase of State-Owned Land for Seaway
                      Industrial Park


SUMMARY OF REQUEST:
To approve the purchase of a vacant buildable lot on Park Street (designated as parcel
number 24-895-001-0007-00) described as CITY OF MUSKEGON YOUNG & WILLIAMS
ADDITION LOT 7 BLK 1. The cost of purchasing this lot will be $300. This lot is located in
the proposed Seaway Industrial Park and it's acquisition is necessary for completion of the
project.

FINANCIAL IMPACT:
Purchase of this will allow for the completion of the Seaway Industrial Park, which will result
in more businesses and jobs locating to our community.

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:




5/14/02
                                Resolution No. 2002-62(a)

                          MUSKEGON CITY COMMISSION


 RESOLUTION APPROVING THE PURCHASE OF A BUILDABLE LOT ON PARK
              STREET FOR SEAWAY INDUSTRIAL PARK


WHEREAS, Act 451, P.A. 1994, as amended, provides for the conveyance of State-
owned tax reverted lands to municipal units for public purposes, and

WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department
of Natural Resources and are available for acquisition under the provisions of the above
mentioned act: CITY OF MUSKEGON, YOUNG & WILLIAMS ADDITION, LOT 7
BLK 1, and

WHEREAS, the City of Muskegon desires to acquire such lands for purposes of
establishing an industrial park.

NOW THEREFORE BE IT RESOLVED that the City of Muskegon is authorized to
make application to the State of Michigan, Department of Natural Resources, Real Estate
Division for conveyance of said land to the City of Muskegon for a nominal fee as set by
the Natural Resources Commission,

FURTHER BE IT RESOLVED that the City of Muskegon shall set up necessary
procedures and controls to provide for the proper distribution of funds arising from the
subsequent sale of the acquired property in conformity with the above mentioned acts.

Adopted this 14th day of May, 2002.

Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie

Nays: None

Absent: None
                                    CERTIFICATION
                                      2002-62(a)

I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan at a regular meeting held on May 14, 2002.
Property to be Purchased for Seaway Industrial Park                                                                                                                  N

2013 Park Street                                                                                                                                                    W~E

                                                                                                                                                                     s


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L
Date:        May 14, 2002
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Leon, Crozier to Harrison


SUMMARY OF REQUEST:
The Leon Street construction contract (H-1543), using concrete, be awarded to Lakeside
Construction since they were the lowest (see bid tabulation) responsible bidder with a bid
price of $171,599.25.


FINANCIAL IMPACT:
The construction cost of $171,599.25 plus associated engineering cost which is estimated at
an additional 15%.



BUDGET ACTION REQUIRED:
The budgeted amount of $150,000 (using asphalt) will have to be revised to $200,000.
This revision will be shown on the next quarterly update.


STAFF RECOMMENDATION:
Award the contract to Lakeside Construction.



COMMITTEE RECOMMENDATION:
                                                                                         H-1543 LEON, CROZIER TO HARRISON
                                                                                                   BID TABULATION
                                                                                                      May 2, 2002
                                                                                                       ASPHALT
                                                             CONTRACTOR          JACKSON-MERKEY            ERSIFIED CONTRACTO        NAGEL CONSTRUCTION            WADEL STABILIZATION          LAKESIDE CONSTRUCTION        FELCO CONTRACTORS
                                                                 ADDRESS         555 E WESTERN AVE          6775 HARVEY ST                  PO BOX 10                 2500 OCEANA DR               13840 172ND AVE             874 PULASKI AVE
                                                                     C!TY/ST        MUSKEGON, Ml            SPRING LAKE, Ml                 MOLINE. Ml                    HART.Ml                  GRAND HAVEN. Ml              MUSKEGON, Ml
                                                                                                                                     UNIT
                       ITEM DESCRIPTION                  QUANTITY     UNIT     UNIT PRICE TOTAL PRICE NIT PRIG TOTAL PRICE          PRICE      TOTAL PR!CE    UNIT PRICE       TOTAL PRICE      UN!T PRICE    TOTAL PRICE UNIT PR!CE TOTAL PRICE

     ADJUST MANHOLE CASTING                                     8     EACH        S445.00     $3,560.00     $350.00     $2,800.00     NO BID FOR ASPHALT            $400.00         $3,200.00       $350.00      52,800.00     $460.00     $3,680.00
'                                                                     SYD           SS.75    S16.583.00       $7.25   $20,909.00                                       $4.20      $12,112.80          $6.50     $18.746.00
2    AGGREGATE BASE COURSE. 22A 6" COMPACTED                 2.884                                                                                                                                                               S5.95    S17,159.80

3    AGGREGATE BASE COURSE, 22A                                 6     TON          $24.00       $144.00      $50.00      $300.00                                     $25.00          $150.00         $12.00         $72.00      $49.00       $294.00

4    B!T LEVELING MIX 3C !1!1165#1 SYD                        252     TON          $46.00    S11,592.00      $46.14   $11.627.28                                     $42.14       $10,619.28         $43.00     $10,836.00      S44.40    $11,188,80

5    BIT TOP M!X 4C tr! 165#1 SYD                             252     TON          550.00    $12,600.00      $51.13   $12,884.76                                     $4&.13       $11,624.76         $47.00     $11,844.00      $51.00    $12,852.00

6 CATCH BASIN CASTIN E.J. 7045 OR EQUAL                         9     EACH        $495.00     $4,455.00     $400.00     $3,600.00                                   $400.00         $3,600.00       $500 00      $4,500.00     $580.00     $5,220,00

7    CATCH BASIN, STD.                                          9     EACH       $1,365.00   $12,285,00     $850.00     $7,650.00                                   $900.00         $8100.00      $1,100.00      $9,900.00   $1,400.00    512,600.00

8    CONCRETE CURB AND GUTTER. STD                           2,102    LFT           $7.75    $16,290.50      $10.25   $21,545.50                                     $10.00       $21,020.00          $8.25     $17,341.50       $8.60    s1a.on.20

9    CONCRETE DRIVE APPROACH, 6"                              514     SYD          S21.55    $11,076.70      $25.00   $12,850.00                                     $30.00       $16,420.00         $30.00     $15,420.00      $24.00    $12,336.00

10 CONCRETE PAVEMENT Vv'ITH INTEGRAL CURB                      20     SYD          $31.50       $630.00      $50.00     $1,000.00                                    $>6.00          $720.00         $35.00        $700.00      $37.00       $740.00

     CONCRETE SIDEWALK. 4"                                    938     SFT            $2.55    $2,391.90       $3.25     S3.048.50                                      $2.45        $2,298.10         $2.50      $2,345.00       $3.75     $3,517.50
"
12 CONCRETE SIDEWALK. 6"                                      757     SFT            $3.00    $2,271.00       $3.75     S2,838.75                                      $3.70        $2.800.90         SJ.SO      S2.649.50       S4.25     53,217.25

13 CORPORATION STOP. 1" MUELLER# 150000R EQUAL                  4     EACH        5245.00       S980.00     $300.00     $1,200.00                                   $500.00         $2,000.00      5200.00         $800.00     $240.00       $960.00

14 CURB STOP, 1" MUELLER #15150 OR EQUAL                        4     EACH        $275.00     $1,100.00     $200.00      $800.00                                    $500.00         $2,000.00      $250.00       $1,000.00     S290.00     $1,160.00



,.
15 EXCAVATION

     MANHOLE CASTING E.J. # 1000 OR EQUAL
                                                              904

                                                                 3
                                                                      CYD

                                                                      EACH
                                                                                     59.35

                                                                                  $545.00
                                                                                              $8,452.40

                                                                                              $1,635.00
                                                                                                              sa.oo
                                                                                                            $400.00
                                                                                                                        $7,232.00

                                                                                                                        S1.200.00
                                                                                                                                                                      ...00

                                                                                                                                                                    $500.00
                                                                                                                                                                                    $5,424.00

                                                                                                                                                                                    $1,500.00
                                                                                                                                                                                                    $15.00

                                                                                                                                                                                                   S350.00
                                                                                                                                                                                                                $13,560.00

                                                                                                                                                                                                                 $1,050.00
                                                                                                                                                                                                                                 S8.05

                                                                                                                                                                                                                               S480.00
                                                                                                                                                                                                                                           S7.277.20

                                                                                                                                                                                                                                           $1,440.00

17 MANHOLE, STD .. 4' ID. 0-10' DEEP                             3    EACH       S1.660.00    $4,980.00 $1,200.00       $3,600.00                                  $1,200.00        $3,600.00     $1,250.00      $3,750.00   $1,900.00     SS.700.00

                                                                 3    VFT         5450.00     S1,350.00     S250.00      $750.00                                    $300.00          $900.00       S400.00       $1,200.00    $125.00        $375.00
"    RECONSTRUCTING MANHOLES

                                                                      EACH        5510.00       $510.00     $325.00      $325.00                                    $250.00          $250.00       $200.00         s2moo       S690.00       $690.00
19 REMOVING CATCH BASIN

20 REMOVING CONCRETE CURB AND GUTTER                           24
                                                                 '    LFT          $10.00       $240.00      $20.00      $480.00                                     $10.00          $240.00        $10.00         $240.00       $8.00       S192.00

21 REMOVING CONCRETE SIDEWALK                                 593     SFT            $1.40      $830.20       $3.00     $1,779.00                                     $1.00          $593,00          S0.75        $444.75       $3.05     $1,808.65

22 REMOVING PAVEMENT ( CONC)                                   157    SYD          $10.50     $1,648.50       $8.00     $1,256.00                                    $15.00         $2,355.00       $10.00       $1,570.00       $9.00     S1,413.00

                                                                      EACH        $675.00       $675.00     $100.00      $100.00                                    $500.00          $500.00       S225.00         S225.00   $1,000.00     $1,000.00
23 REMOVING TREES. 13" TO 24" D!A

24 SANITARY SEl/vER. 10". PVC SOR 35
                                                                 '
                                                                75    L FT         $26.00     $1,950.00      $22.00     $1,650.00                                    W>.00          $3,000.00       S35.00       $2,625.00     S30.00      $2,250.00

25 STORM SE'h'ER. 12" C•76 CL V                                187    L FT         $25.00     $4,675.00      $25.00     $4,675.00                                    $35.00         $6,545.00       $30.00       $5,610.00     $31.00      $5,797.00

26 TERRACE GRADING                                           1,019    LFT            $8.50     $8,661.50      $6.75     $6,878.25                                    $10.00       $10,190.00          $9.00      $9,171,00     $12.80     $13,043.20

                                                                      LUMP      S10.965.00   $10,965.00 $7,500.00       $7,500.00                                  $5,000.00        $5,000.00     $3,500.00      $3,500.00   $6,000.00     $6,000.00
27 TRAFFIC CONTROL

28 WATER SERVICE. 1". TYPE "K"' COPPER
                                                                 '
                                                                75    L FT          S19.75     $1,481.25     $15.00     $1,125.00                                      $7.00         $525.00        $13.00        $975.00      S21.00      $1,575.00

29 WATER VALVE BOX. COMPLETE                                     2    EACH         $450.00      $900.00     $400.00      $800.00                                    $285.00          sm.oo         $150.00        $300.00     $390.00        $780.00




                                            LEON TOTAL                                       $144,912.95              $142,404.04                        $0.00 '                 s1•aH"l'.84                   $143,374.75               $152,343.60
H-154 LEON-CROZIER TO HARRISON ENGINEER'S ESTIMATE 3104102 (ASPHALT)



                       ITEM DESCRIPTION                  QUANTITY      UNIT    UNIT PRICE TOTAL PRICE

      ADJUST MANHOLE CASTING                                   8       EACH        $400.00     $3,200.00
  2   AGGREGATE BASE COURSE, 22A 6" COMPACTED               2884        SYD          $6.00    $17,304.00
  3   AGGREGATE BASE COURSE, 22A                               6        TON         $30.00       $180.00
  4   BIT LEVELING MIX 3C@ 165#1 SYD                         252        TON         $32.00     $8,064.00
  5   BIT TOP MIX 4C@ 165#1 SYD                              252        TON         $38.00     $9,576.00
  6   CATCH BASIN CASTIN E.J. 7045 OR EQUAL                    9       EACH        $400.00     $3,600.00
  7   CATCH BASIN, STD.                                        9       EACH      $1,300.00    $11,700.00
  8   CONCRETE CURB AND GUTTER, STD                         2102        LFT         $10.00    $21,020.00
  9   CONCRETE DRIVE APPROACH, 6"                            514        SYD         $30.00    $15,420.00
 10   CONCRETE PAVEMENT WITH INTEGRAL CURB                    20        SYD         $35.00       $700.00
 11   CONCRETE SIDEWALK, 4"                                  938        S FT         $3.00     $2,814.00
 12   CONCRETE SIDEWALK, 6"                                 757         S FT         $3.75     $2,838.75
 13   CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL            4        EACH        $250.00     $1,000.00
 14   CURB STOP, 1" MUELLER #15150 OR EQUAL                   4        EACH        $220.00       $880.00
 15   EXCAVATION                                            904        CYD           $7.00     $6,328.00
 16   MANHOLE CASTING E.J. # 1000 OR EQUAL                    3        EACH        $400.00     $1,200.00
 17   MANHOLE, STD., 4' ID, 0-10' DEEP                        3        EACH      $1,500.00     $4,500.00
 18   RECONSTRUCTING MANHOLES                                 3        VFT         $350.00     $1,050.00
 19   REMOVING CATCH BASIN                                     1       EACH        $500.00       $500.00
 20   REMOVING CONCRETE CURB AND GUTTER                      24         L FT        $12.00       $288.00
 21   REMOVING CONCRETE SIDEWALK                            593         S FT         $2.00     $1,186.00
 22   REMOVING PAVEMENT (CONG)                               157       SYD          $15.00     $2,355.00
 23   REMOVING TREES, 13" TO 24" DIA                           1       EACH        $500.00       $500.00
 24   SANITARY SEWER, 10", PVC SDR 35                        75         LFT         $40.00     $3,000.00
 25   STORM SEWER, 12" C-76 CL V                            187         L FT        $28.00     $5,236.00
 26   TERRACE GRADING                                       1019        L FT         $8.00     $8,152.00
 27   TRAFFIC CONTROL                                         1        LUMP     $10,000.00    $10,000.00
 28   WATER SERVICE, 1", TYPE "K" COPPER                     75         L FT        $25.00     $1,875.00
 29   WATER VALVE BOX, COMPLETE                               2        EACH        $350.00       $700.00


                                                                    SUB-TOTAL                $145,166.75
                                                                    15% ENGINEERING           $21,775.01
                                                                    TOTAL                    $166,941.76
                                                                                                               H-1543 LEON, CROZIER TO HARRISON
                                                                                                                        BID TABULATION
                                                                                                                               May 2, 2002
                                                                                                                                CONCRETE
                                                              CONTRACTOR          IACKSON-MERKEY                DIVERSlflEO CONTRACTORS          NAGH CONSTRUCTION               WADEL STA81UZATl0N              lAKESJOE CONSTRUCTION               FELCO CONTRACTORS
                                                                  ADDRESS        555 E WESTERN AVE                   6775 HARVEY ST                  PO 80X 10                     2500 OCEANA DR                    13a.l-0 172NDAVE                  874 PULASKI AVE
                                                                   CITY/ST         MUSKEGON Ml                       SPRING LAKE Ml                  MOLINE Ml                         HART Ml                      GRANO HAVEN Ml                      MUSKEGON Ml

n,M                       DESCRIPTION                    QUANTITY    UNIT    UNIT PRICE       TOTAL PRJCE       UNIT PRICE     TOTAL PRICE     UNIT PRICE     TOTAL PRJCE      UNIT PRICE     TOTAL PRICE      UNIT PRICE      TOTAL PRICE       UNIT PRICE      TOTAL PRICE

                                                                     EACH         5445.00         $3,$60.00         $350.00        $2,800.00       $200.00        Sl,600.00        $400.00        $3,200.00         $400.00         S3,20o.oo
 '    ADJUST MANHOLE CASTING
                                                                '    TON           $24.00            $144.00         sso.oo         $300.00         $20.00          s120.oo         S2S.OO          s,so.oo           $50.00
                                                                                                                                                                                                                                                      S,100.00        $3,200.00

 2    AGGREGATE IASE COURSE, 22A
                                                                '                 $495.00         $4,455.00         $400.00        $3,600.00       $300.00        $2,700.00        .......
                                                                                                                                                                                                                                      $300.00          $49.00           $29-l.OO

 J    CATCH BASIN CASTINE./. 7045 OR FnUAl
                                                                '    EACH

                                                                     EACH        $1,365.00       $12,285.00         $850.00        $7,650.00      $1,000.00       $9,000.00
                                                                                                                                                                                                  $3,600.00

                                                                                                                                                                                                  sa,100.00
                                                                                                                                                                                                                    S500.00         $4,500.00        $590.00          S5,310.00

 4

 s
      CATCH BASIN, STD.

      CONCRETE CURB ANO CUTTER, STD
                                                                '
                                                               20    rn            $10.00            $200.00         $25.00          ssoo.oo        $21.00          $420.00
                                                                                                                                                                                   S900.00

                                                                                                                                                                                    $10.00          $200.00
                                                                                                                                                                                                                   $1,100.00

                                                                                                                                                                                                                      S22.00
                                                                                                                                                                                                                                    S9,900.00

                                                                                                                                                                                                                                      54-40.00
                                                                                                                                                                                                                                                    $1,200.00

                                                                                                                                                                                                                                                       $34.00
                                                                                                                                                                                                                                                                     $10,800.00

                                                                                                                                                                                                                                                                        5680.00

      CONCllETE DRIVE APPROACH, 6"                            m      SYD           $20.00        $10,280.00          $24.00       $12,336.00        $25.00       $12,850.00         $30.00       $15,420.00          $26.50        $13,621.00         $28.00
 '
 7    CONOETE PAVEMENT6"WITH INTEGRAL CURB                   3,373   SYD           $26.50        $89,384.50          S34.00      S114,682.00        $34.00      $114,682.00         $36.00      $121,428.00          S2S.OO        $34,325.00         $32.40
                                                                                                                                                                                                                                                                     $14,392.00

                                                                                                                                                                                                                                                                    $109,285.20

                                                                     SFT            S2.05         51,922.90            Sl.25       Sl,048.50         S2.40        $2,251.20          S2.45        S2,29ll.10           S2.50
 '    CONcam SIOEWALIC, 4"
                                                              "'                     $2.60        $1,%8.20             S3.7S       $2,838.75         $3.00        $2,271.00           S3.7o       52,800.90
                                                                                                                                                                                                                                    $2,345.00           53.75         $3,517.50


 '    CONCRffi SIDEWALK, 6"
                                                              "'     SFT                                                                                                                                               53.25        $2,460.25           S4.25         53,217.25

,0    CORPORATION STOP, r MUELLER I 15000 OR EQUAL              •    EACH         $245.00            S980.00        S300.00        Sl,200.00       $100.00         $400.00         $500.00        s2,ooo.oo         $350.00         $1,400.00        $205.00            $820.00


"     CURB STOP, 1' MUElUR 115150 OR EOUAL                      •    EACH         $275.00         Sl,100.00         $200.00         saoo.oo        siso.oo          $600.00        ssoo.oo        s2,ooo.oo         S350.00         51,400.00        S290.00          S1,160.00


"     EXCAVATION

      MANHOLE CASTING E.J. I 1000 01; ~~UAL
                                                              "s
                                                                J
                                                                     OD
                                                                     EACH
                                                                                   $12.25

                                                                                  5545.00
                                                                                                  58,146.25

                                                                                                  $1,635.00
                                                                                                                       so.oo

                                                                                                                    $400.00
                                                                                                                                   SS,320.00

                                                                                                                                   ST,200.00
                                                                                                                                                     sa.oo

                                                                                                                                                   $300.00
                                                                                                                                                                  SS,320.00

                                                                                                                                                                   $900.00
                                                                                                                                                                                     "·"
                                                                                                                                                                                   ssoo.oo
                                                                                                                                                                                                  $3,990.00

                                                                                                                                                                                                  $1,500.00
                                                                                                                                                                                                                      S16.00

                                                                                                                                                                                                                    S3SO.OO
                                                                                                                                                                                                                                   $10,640.00

                                                                                                                                                                                                                                    51,050.00
                                                                                                                                                                                                                                                        $9.05

                                                                                                                                                                                                                                                     $480.00
                                                                                                                                                                                                                                                                      56,018.25

                                                                                                                                                                                                                                                                      $1,440.00
"                                                                    EACH        $1,660.00        $4,980,00        Sl,200,00       $3,600.00      $1,400.00       $4,200.00       51,200.00       $3,600.00        51,500.00
"     MANHOLE, ST0.,4' ID, 0-10' DEEP
                                                                 '   m            $450.00         51,350.00         5250.00          $750.00       $100.00          Sl00.00        SJ00.00          $900.00
                                                                                                                                                                                                                                    $4,500.00       $1,400.00         $4,200.00


"     RECONSTRUCTING MANHOLES
                                                                '    EACH         $510.00            $510.00        S350.00          $350.00       $100.00
                                                                                                                                                                                                                    S4SO.OO         $1,350.00        $125.00            5375.00


"     REMOVING CATCH BASIN
                                                                '                  $10.00            $240.00         $20.00         $480.00
                                                                                                                                                                    $100.00        $250.00          S2S0.00         s200.00           5200,00        5'00.00            $600.00


"     REMOVING CONCllETE CURB AND GUffiR
                                                               "     l fT

                                                                     SfT            $1.40            $830.20          $3.00        $1,779.00
                                                                                                                                                     53.00           S72.00         s,o.oo          $240.00          510.00           S240.00          $8.00            5192.00


"
      REMOVING CONOlffi SIDEWALK

      REMOVING PAVEMENT ( CONC)
                                                              "'
                                                               75    SYD           SH.SO          51,087.50            S0.00         $600.00
                                                                                                                                                     so.so

                                                                                                                                                     $4.00
                                                                                                                                                                   $2%.50

                                                                                                                                                                   5300.00
                                                                                                                                                                                     $1.00

                                                                                                                                                                                    $20.00
                                                                                                                                                                                                    S593.00

                                                                                                                                                                                                  $1,500.00
                                                                                                                                                                                                                       s1.00

                                                                                                                                                                                                                     S1s.oo
                                                                                                                                                                                                                                      S593.oo

                                                                                                                                                                                                                                    51,125.00
                                                                                                                                                                                                                                                       $3.05

                                                                                                                                                                                                                                                       $9.00
                                                                                                                                                                                                                                                                      $1,1108.65

                                                                                                                                                                                                                                                                        5675.00
"     REMOVING TltEES, 13" T024" DIA                                 EACH         5675.00            $675.00        $100.00          $100.00       $400,00          $400,00        $500,00          ssoo.oo         $350.00           5350.00       Sl,000.00         Sl,000,00
20
                                                                 '                                Sl,000.00          s22.oo        $3,300.00        $30.00        $4,500.00         540.00        56,000.00
"     SANITARY SEWt:R, 10", P\IC 501; 35
                                                              "' "'                $20.00

                                                                                   S25.oo         $4,675.00          $25.00        $4,675.00        $40.00        S7,4tio.oo        $35.00        $6,545.00
                                                                                                                                                                                                                     $40.00

                                                                                                                                                                                                                     S35.00
                                                                                                                                                                                                                                    $6,000.00

                                                                                                                                                                                                                                    $6,545.00
                                                                                                                                                                                                                                                      $29.00

                                                                                                                                                                                                                                                      S32.00
                                                                                                                                                                                                                                                                      $4,350.00

                                                                                                                                                                                                                                                                      S5,')M.OO
22    STORM ~ER, 12" C•76 Cl V

      TERRACE GRADING
                                                              "'
                                                             1,019
                                                                     L fT

                                                                     L fT            SIi.SO       $8,661.50            S6.75       $6,878.25         $4.00        $4,076.00         s10.00       ST0,190.00          Sl0.00        $10,190.00         512.0S         $12,278.95
"                                                                    LUMP       $10,475.00       St0,475.00        S5,ooo.oo       S5,000.00      $1,000.00       Sl,000,00      S5,ooo.oo        55,000.00        Sl,500.00        $3500.00       5',000.00          56,000.00
"
25
      TRAFFIC CONTROL

      WATER SERVICE, 1•, TYPE "IC" COPPER                      75
                                                                 '   L fT           $19.75        $1,481.25          $15.00        Sl,125.00        Sl0.00         $750.00           57.00          S52S.OO          S15.00         Sl,125.00         s21.oo          51,575.00

26    WATER VALVE BOX, COMPLETE                                  ,   EACH         $450,00            $900.00        $400.00          $800.00       S150.00         $300.00         5285.00          $570.00         S1S0.00          '300.oo         Sl90.00           5780.00

               I
                                     LEON CONCRm TOTAL                                          $174,926.30                      $185,712.50                    $176,888.70                     $203,100.00                       $171,599.15                       $199,952.80
H-154 LEON- CROZIER TO HARRISON ENGINEER'S ESTIMATE 3/04/02          CONCRETE AL TERNATE


                       ITEM DESCRIPTION                   QUANTITY     UNIT   UNIT PRICE TOTAL PRICE

  1   ADJUST MANHOLE CASTING                                     8    EACH          $400.00     $3,200.00
  2   AGGREGATE BASE COURSE, 22A                                 6     TON           $30.00       $180.00
  3   CATCH BASIN CASTIN E.J. 7045 OR EQUAL                      9    EACH          $400.00     $3,600.00
  4   CATCH BASIN, STD.                                          9    EACH        $1,300.00    $11,700.00
  5   CONCRETE CURB AND GUTTER, STD                             20     LFT           $10.00       $200.00
  6   CONCRETE DRIVE APPROACH, 6"                              514     SYD           $30.00    $15,420.00
  7   CONCRETE PAVEMENT 6" WITH INTEGRAL CURB                 3373     SYD           $28.00    $94,444.00
  8   CONCRETE SIDEWALK, 4"                                    938     S FT           $3.00     $2,814.00
  9   CONCRETE SIDEWALK, 6"                                    757     S FT           $3.75     $2,838.75
 10   CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL              4     EACH          $250.00     $1,000.00
 11   CURB STOP, 1" MUELLER #15150 OR EQUAL                     4     EACH          $220.00       $880.00
 12   EXCAVATION                                              665     CYD             $7.00     $4,655.00
 13   MANHOLE CASTING E.J. # 1000 OR EQUAL                      3     EACH          $400.00     $1,200.00
 14   MANHOLE, STD., 4' ID, 0-10' DEEP                          3     EACH        $1,500.00     $4,500.00
 15   RECONSTRUCTING MANHOLES                                   3      VFT          $350.00     $1,050.00
 16   REMOVING CATCH BASIN                                      1     EACH          $500.00       $500.00
 17   REMOVING CONCRETE CURB AND GUTTER                        24      LFT           $12.00       $288.00
 18   REMOVING CONCRETE SIDEWALK                              593      SFT            $2.00     $1,186.00
 19   REMOVING PAVEMENT (CONG)                                 157    SYD            $15.00     $2,355.00
 20   REMOVING TREES, 13" TO 24" DIA                            1     EACH         $500.00        $500.00
 21   SANITARY SEWER, 10", PVC SDR 35                          75      L FT          $40.00     $3,000.00
 22   STORM SEWER, 12" C-76 CL V                               187     L FT          $28.00     $5,236.00
 23   TERRACE GRADING                                         1019     L FT           $8.00     $8,152.00
 24   TRAFFIC CONTROL                                           1     LUMP       $10,000.00    $10,000.00
 25   WATER SERVICE, 1", TYPE "K" COPPER                       75      L FT          $25.00     $1,875.00
 26   WATER VALVE BOX, COMPLETE                                 2     EACH         $350.00       $700.00


                                                                     SUB-TOTAL                $181,473.75
                                                                     15% ENGINEERING           $27,221.06
                                                                     TOTAL                    $208,694.81
Date:      May2,2002
To:        Honorable ~ap~City Commissioners
From:      Ric Scott    /'/'{1Y'l1
RE:        Beachwood Park Bids


SUMMARY OF REQUEST:
To award a contract to Elzinga & Volkers, Inc. to do the
renovation project at Beachwood Park.


FINANCIAL IMPACT:
$311,784


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Alllrnmtlve Action
231/724-6703
FAX/722-1214

Assessor
231 /724-6708
FAX1726-5181

Cemetery
231/724-6783
FAX/726-5617

Civil Service
23 I /724-67 16
FAX/724-4405                                           West Michigan's Shoreline City
Clerk
231/724-6705           Date:          May 2, 2002
FAX/724-4178

Comm. & Neigh.
                       To:            Honorable      ~lff~ Commissioners
     Services
23 I /724-6717
                       Fr om:         Ric Scott       / Cfrtz;(Z-4
FAX/726-250 1
                       Re :           Beachwood Park Bids
Engineering
231/724-6707           On Tuesday April 23, 2002, eight bids were received for
FAX/727-6904
                       the Beachwood Park Renovation Project. The bids were as
Finance                follows (addresses on attache d sheet)
23 I /724-6713
FAX/724-6768                    Apex Construction                               $349,600
Fire Dept.                      Muskegon Quality Builde rs                      $364,994
2311724-6792
FAX/724-6985
                                Fensco                                          $505,215
                                Alliance Construction                           $351.057
Income Tax
23 I /724-6770
                                Alstrom Construction                            $354,765.70
FAX/724-6768                    Wolffis Construction                            $398,700
Info. Systems                   Elzinga & Volkers, Inc.                         $311,784
231/724-6744                    Cycon                                           $375,487
F AX/722-430 I

Leisure Service        Both the Architects and staff recommend you award the
231/724-6704
FAX/724-1196           bid to Elzinga & Volkers for $311,784. Elzinga &
Manager's Office
                       Volkers has wor ked for the City before. They built
231/724-6724           Jaycee's Launch Ramp back in the 80's and wer e the
FAX/722-1214
                       construction managers f or Walker Arena. The architects
Mayor's Office         have gone over the bid with E & V and are confident that
231/724-6701
FAX/722-1214
                       they can do the work for that price.
Ins11ectlon Services
231/724-6715           The grant for this project is for up to $400,000. I
FAX/726-250 I          would further ask that you authorize staff to work with
Planning/Zoning        the Beachwood/Bluffton Neighborhood Association to add a
231/724-6702
FA X/724-6790
                       few additional site amenities, such as replacing the
                       parki ng lot border posts or a dding additional playgr ound
Police Dept.
231 /724-6750
                       equipme nt or picnic table , so tha t total p r oje ct cost
FAX/722-5140           approaches but doe s not exce ed $400,000 including the
Public Works
                       Archite ctural fees, which a re $28,900 .
231/724-4 l 00
F AX/722-4188
                       I would ask that you award the contract to E & V and
Trcosurer              that you authorize staff to add to the contract up to
231 /724-6720
FAX/724-6768           the grant amount of $400,000.
Water Dilling Dept.
231/724-6718           Thank you for your considera tion.
F AX/724-6768

W a ter Flllratlon
231/724-4106
FAX/755-5290


                              City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
APR-25-02   14,22 FROM,          MC   SMITH ASSOCIATES                     1D:    161B'l51 l835                  PAGE   3




                                  BIDDER LIST FOR BEACHWOOD PARK
                            . ·--~---· -~---------
      Alliance Construct1011                       Alliance Construction Group
                                                           678 Front St NW Suite 2(,5
                                                           (irand Rapids MI 49504
                                                           6 I6"456-9450 I fax 616-456-9594
                    "-~-•-------·
                     ••-"

      Alstrom Construclion, Inc.                           l\l,;trn111 Construction, Inc.
                                                           P.O. Box 4187
                                                           Muskegon Ml 49444-0 I X7
                                                           2.11- 79XA56 I
                                                           f\ 211- 798-4551
       Apex Contrnctors, In.;;.                        1   Apex Contractors, Inc
                                                           Attn: Mark Miedema
                                                           410 I 27'h SlnK•t
                                                     Dorr Mf 49323
                                                     (i l C.-896-8699
                                                     fx 616-896-713 7
                                                --+-
       Cycon Enterprise,, Inc.                       Cycon Enterr,ri~es, Inc.
                                                     0-608 Quirn;y Avenue SW
                                                     Grandvi Ile Ml 49418
                                                             616-8%-6488
                                                             fx 1, I l>-896-6490
       E11inga & Volks:rs, Inc.                              Elzinga & Volkcrn, Inc.
                                                             86 East Sixth Street
                                                             Holland Mi 49423
                                                             6 I6-392-2383
                                                             fx 616-392-3752
                                                           ··~·-··••w, - - - - - - - - - - - · · · - · · -   .
       Fensco, fn~                                           l\,nsco, l nc,
                                                              I 54'.l2 - 22o•h Avcnu~
                                                             Big l{apids Ml 49307
                                                            Ph 231-~92-1000
      ... _..... "- ,., -                                   Fx 2.l 1- 796-3619
        Muskegon Quality [Juildcrs                          Mw;kegon Quality Builders
                                                            283 7 Peck St.
                                                            M11skego11 Heights Ml 49444
                                                            231-73 3-4278
                                                            fx 231-733-2978

                                                            6505 S. D1v1sion, Suite C
                                                            Grand R~pids Ml 49)4~

      L         - - - - • - . s • • - ~ - - - - - - - - --·-
                                                            6lb-281-l522
                                                            fx hll,-2XI .. IS42
                                                                   ---       --
Date:     April 16, 2002
To:       Honorable Mayor and City Commissioners
From:     Ric Scott     ;;J.la#"
RIE:      Conservation District Request


SUMMARY OF REQUEST:
The Muskegon Conservation District is requesting that
they be allowed to place many signs along Ruddiman Creek
warning people of the danger of contact with the water


FINANCIAL IMPACT:
None


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
AfOrnmllve Acllon
23 l /724-6703
FAX/722-1214

Assessor
23 I /724-6708
FAX/726-518 1

Cemetery
23 l /724-6783
FAX/726-56 17

C ivil Service
23 l /724-67 16
FAX/724-4405

Clerk
23 I/724-6705
FAX/724-4 178
                      Date:           April. 16 , 2 0 02
Comm, & Neigh,
     Services         To:             Honorabl.e MaY,O:fj;#-d City Commissioners
23 l /724-6717
FAX/726-250 1
                      From :          Ric Scott      Jf/aAI)        ·-
Engineering
23 1/724-6707         Re :            Conservation District Re quest
FAX/727-6904
                      The Muskegon Conservation District has requested that
Finance
231/724-6713
                      they be allowed to place various signs al.ong Ruddiman
FAX/724-6768          Creek to warn peopl.e of the dange rs in the water . Their
Fire Dept.            request is attaches as is a design of the sign .
23 I /724-6792
F AX/724-6985         The Leisure Services Board recommended approval. of the
Income Tax
                      request at their meeting on the 15 th •
23 l /724-6770
FAX/724-6768          I would recommend approval of the request .
Info. Systems         Thank you for your consideration.
231/724-6744
FAX/722-4301

Leisure Service
23 I/724-6704
FAX/724-1196

Mennger's Ofnce
231/724-6724
FAX/722-1214

Mayor's Office
231/724-6701
FAX/722-1214

Jnspccllon Services
23 l /724-671 S
FAX/726-250 l

Plnnnlng/Zonlng
231 /724-6702
FAX/724-6790

Police Dept.
231/724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722-4 188

Treasurer
231/724-6720
FAX/724-6768

Wutcr Billing Dept.
23 l /724-6718
F AX/724-6768

Water Flltrntion
231/724-4106
F AX/755-5290


                               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                          1001 E. Wesley, Room 6
                    _.    Muskegon, Michigan 49442
                 ..1111
Conservation Districts
                          231/ 773-0008 231/ 773-01 29
------                    Fax 231 / 773-1210
          April 11, 2002
          RE: Ruddiman Creek Pollution Warning Sign

          P.O. Box 536
          933 Terrace St.
          Muskegon,MI 49443

          Dear Ric Scott:

          I am sending you the information relevant to the Ruddiman Creek Pollution Warning Signs that
          we are in the process of developing with a local sign company. The layout for the signs were
          developed by the Ruddiman Creek Technical Team with input from the following participants:
                    Bob Fountain - City of Muskegon                                                          Greg Mund- USDA/NRCS
                    Vicki Webster- Muskegon County Health Department
                    Tom Berdinski- Michigan Department of Environmental Quality
                    Arn Boezaart - Community Foundation for Muskegon County
                    Rick Rediski - GVSU                                                                      Theresa Bernhardt - RCTF
                    Kathy Evans - Muskegon Conservation District
          In the grant proposal you will find the need for the signs described in Section 2. Purpose of
          Grant. It has been found that virtually every branch and the lagoon portion of Ruddiman Creek
          contain high levels of lead, arsenic, and PCB' s. The areas of contaminated sediment will be
          cleaned up, but in the mean time signage is needed to warn of the risks created by this sediment.
          The signs will not only alert the communities of the risks, they will also provide them with a
          phone number and web site they can access to learn about the progress of the clean up efforts.
          The Ruddiman Creek Task Force (RCTF) holds public meetings to hear the concerns that the
          community has about the creek. The next meeting is scheduled for April 16, 2002, at 7:00 p.m.,
          in the McGraft Community Building. This meeting will allow the community to discuss where
          the worst spots are, and prioritize the clean-up areas. They will also be able to decide at which
          locations signs are needed most. For more information on this meeting you can contact Theresa
          Bernhardt at 755-8221.
          Sincerely,

           ~ but:A?Mf»7
          Rebecca Parker
          Water Quality Specialist
          Muskegon Conservation District
          Enclosures (2)

                                                               Managing Our Natural Resources
                                       /\II Conservation District programs and services are offered on a nond iscriminatory basis
                                without regard to race, color, national origin. religion, s.ex, age, marital status, handicap, height or weight
                                    0

            Rud,11cli111an c::reel<




This program is
made possi1>le by
a grant from·the
Next GeneratJon
  Fund of the
  Community
 Foundation for
                    Ycru Can Help!
Muskegon County
                    ~~ For Information by· Ptnne·or on the Web:
    --
    ;---
    =-=
                    .;;;;._   7.6.7.-1.207 or Mu~lcegc,nlake.org
                                    0
   933 Terrace Street
   MuskeQon, Ml 49440
                          oFF,cE 231-724-6705
                             FAX 231-724-4178   . .
                                                      ~t;:hu ·
                                                      ~.1.1t-.zr . 0
                                                                       f Mu~.1eego...n.
                                                                           . ,lx~, ·
                                                                       ..!_ _   ·      ·
                                                           Cl~rk"s; Offioo


FaxCoa-Srset
  To:    &JL(l] JZ;n                            From: ~
   Fax:                                         Pages:       S--
  Phone:                                        Date:       f- / f -o:<
  Re:.                                          CC:

  •   Urgent    •    For Review   •   Please Comment        •   Please Reply        •   Please Recycle




          I ~ ~ . cl/~~
             ~~- ;~                                                         ~               -



                 ~~ - ~~~
                 4        (231)            .7 ~ Y-         t 7o t/ .

                                                                        ~/
                                                                     ·d/ ·
                                                                                                ,.:,, . :
Date:     May 6, 2002
To:       Honorable Mayor and City Commissioners
From:     Melissa Jacobsen
RE:       Lifeguard agreement with Norton Shores


SUMMARY OF REQUEST:
To approve an agreement with the City of Norton Shores
to provide lifeguards at Ross Park


FINANCIAL IMPACT:
None.


BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
A ffirmntlve Action
231 /724-6703
FAX/722- 1214

Assessor
231 /724-6708
FAX/726-5181

Cemetery
231/724-6783
FAX/726-5617

Civil Service
23 1/724-6716
F AX/724-4405                                        West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
                      Date:         May 6 , 2002
Comm. & Neigh,
    Services
231 /724-6717
                      To:           Honorable Mayor and City Commissioners
FAX/726-2S01
                      From :        Melissa Jacobsen
Engineering
231/724-6707          Re:           Lifeguard agreement with Norton Shores
FAX/727-6904

Finance
23 I /724-67 13
FAX1724-6768
                      I am requesting approval of the agreement with Norton
                      Shores to provide lifeguards . This has been a practice
Fire Dept.
23 I /724-6792
                      of the department for several years.  It allows the
F AX/724-6985         Cities to avoid competing for the same staff, while
Income Tax            allowing the lifeguards to obtain additional hours of
231/724-6770          work . Norton Shores puts the lifeguards on their
FAX/724-6768
                      payroll so that the City of Muskegon does not pay them
Info. Systems
231 /724-6744
                      when they are working at Ross Park, and Norton Shores
FAX/722-4301          pays half of all uniform expenses.
Leisure Service       I would ask that you authorize the Mayor and clerk to
231 /724-6704
FAX/724-1196          sign the attached agreement .
Manager's Office
231 /724-6724
FAX/722-1214

Mayor's Omcc
231/724-6701
FAX1722-12 14

lnspecllon Services
231/724-6715
FAX/726-2501

Planning/Zoning
231 /724-6702
FAX/724-6790

Police Dept.
231 /724-6750
FAX/722-5 140

Public Works
231/724-4 100
FAX/722-4 188

Treasurer
231 /724-6720
F AX/724-6768

Water Dilling Dept.
231/724-6718
FAX/724-6768

Water FIitration
231/724-4 106
FAX/755-5290


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                                                                           2002-62(e)




                                      AGREEMENT - - LIFEGUARD SERVICES

          The City of Muskegon (Muskegon) and the City of Norton Shores (Norton Shores) in an
 effort to assist each other with providing lifeguards at the City of Norton Shores Ross Park, the
 City of Muskegon Pere Marquette Park, and the Muskegon School Systems indoor pools have
 agreed to work cooperatively. In that capacity, Muskegon and Norton Shores agree to jointly
 employ individuals as follows:

         1.      Joint Obligations. Muskegon and Norton Shores jointly agree to the following
 level of services:

               1.1     Ross Park shall be operated from the first Friday after Muskegon Public
 School dismisses students through Labor Day during the hours of 11 :00 a.m. to 5 :00 p.m., seven
 days a week.

                 1.2    Pere Marquette shall be operated from Memorial Day through Labor Day
 during the hours of 11 :00 a.m. to 6:00 p.m., seven days a week, with the exception that
 lifeguards will only be provided on Saturday and Sunday while Muskegon Public School is in
 session.

              1.3     Indoor pools at Steel Junior High, Bunker Junior High, and Muskegon
High School, shall be operated as determined annually by Muskegon.

           2.         City of Muskegon Obligations. Muskegon shall undertake the following:

                2.1    Muskegon shall attempt to recruit and hire sufficient number of lifeguards
to provide lifeguards at Ross Park from the hours of 11 :00 a.m. to 5:00 p.m. seven days a week
commencing with the first Friday after dismissal of school for the Muskegon Public School
System through Labor Day. During such time periods, the lifeguards shall be paid by Norton
Shores, and shall be considered employees of Norton Shores.

                2.2    Muskegon shall acquire and provide necessary clothing, i.e., sweatshirt,
bathing suit, and any other items that Muskegon requires, fot the lifeguards. Muskegon shall bill
Norton Shores one-half of the cost of clothing. Norton Shores retains the right to review any and
all invoices.

                     2.3        Muskegon shall supervise all lifeguards, including those located at Ross
Park.

                2.4      As part of the selecting and screening process for lifeguards, Muskegon
shall insure that the employees have drivers' licenses, have a current certification for first aid,
have a current certification for cardial pulmonary resuscitation (CPR), have a current
certification for lifeguard. Muskegon shall undertake a drug screening test for all applicants. If



G:\EDS I\FILES\00100\1731 \AG\A 71248. DOC
 the employee is going to be teaching swimming, Muskegon shall insure that the employee has a
 current certification as water safety instructor (WSI).

            3.        Norton Shores Obligations. Norton Shores agrees as follows:

                3.1    Norton Shores shall compensate Muskegon $750, payable on the first of
 May each and every year to reimburse Muskegon for expenses relating to the recruitment,
 scheduling, and supervising of lifeguards at Ross Park.

              3.2   Norton Shores shall pay Muskegon one-half the cost of all clothing
 provided by Muskegon to lifeguards. Norton Shores has the right to review and dispute any
 invoice.

                 3.3     Norton Shores recognizes that certain limited information will be obtained
 as to applicants, and is free to undertake any additional backgrou.'ld information that it so desires.
 Further, Norton Shores recognizes that Muskegon does not make any assurances as to the
 training or capabilities of the applicants, except as provided herein.

                3.4      Muskegon shall provide a list oflifeguards to Norton Shores. Norton
Shores shall have ten calendar days to reject any employee from the date Muskegon provides the
list to Norton Shores. Norton Shores may reject any lifeguard whom has pied or been convicted
of a non-traffic related civil infraction within the two years immediately preceeding employment,
a misdearnnor within the two years immediately preceding employment, any dishonesty offense
within the five years immediately preceding employment and any sex offense or any felony.
Other than as above provided, Norton Shores shall accept employees on said list.

                     3 .5      Norton Shores shall defer to Muskegon as to all policies relating to the
lifeguards.

                3.6   Norton Shores shall pay lifeguards for working at Ross Park at an hourly
rate to be set by Muskegon. Norton Shores' obligation to pay employees is limited to those hours
employees are working at Ross Park, which corresponds with the hours the lifeguard is an
employee of Norton Shores.

          4.         Miscellaneous.

               4.1     Counterparts. This agreement may be executed simultaneously in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.

                4.2     Termination. Either party may terminate this contract on or before
December 15 of each year. If not terminated by that date, both parties are obligated to comply
with this contract until the following December 15, at which point it may be terminated.

              4.3     Entire Agreement/Amendments. This agreement sets forth all of the
promises, covenants, agreements, conditions, and undertakings between the parties with respect



G:\EOS I\FILES\00100\1731 \AG\A 71248.DOC
to the subject matter of this agreement and supercedes all prior and contemporaneous agreements
and understandings, inducements, or conditions, express or implied, oral or written, relating to
this matter, except as contained within this agreement. This agreement may not be changed
orally, but only by an agreement in writing, duly executed by or on behalf of the party or parties
against whom enforcement of any waiver, change, modification, consent or discharge is sought.

                    4.4       Effective Date. This agreement shall be effective immediately upon
execution.




Dated:     l7Jo0tt 16 , 2002



                                                          CITY OF NORTON SHORES


                                                          ByN
                                                            ~ ~ Craliall,~ Its Mayor d_
Dated: ~l.,U\.,,L         I \ , 2002
                                                          an~
                                                                Lynn~
                                                                             -ff~)
                                                                            Its Clerk




G:\EDSI\FILES\00100\ 1731IAGIA71 248.DOC
Date:     May 6, 2002
To:       Honorable Mayor and City Commissioners
From:     Melissa Jacobse.,+Jr
RE:       MDNR Electrical/Utility Upgrade Addendum


SUMMARY OF REQUEST:
To approve the addendum to the original contract with
the Michigan Department of Natural Resources to complete
phase II of the electrical/utility upgrades at Hartshorn
Marina.


FINANCIAL IMPACT:
$320,000 with a 50% local match required for Hartshorn
Marina.


BUDGET ACTION REQUIRED:
Match will need to be provided by either a bond or a
loan to be paid off by the marina over several years.


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval.
AITTrmutlve Action
231 /724-6703
FAX/722-1214

Assessor
23 I /724-6708
FAX/726-5181

Cemetery
23 I /724-6783
FAX/726-5617

Civil Service
231/724-6716
F AX/724-4405                                         West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178

Comm. & Neigh.
                       Date:         May 6, 2002
     Services
23 l /724-67 17        To:            Honorable Mayor ~n~ ,City Commissioners
FAX/726-2501
                       From:         Melissa Jacobse~
Engineering
231/724-6707           Re:           MDNR Electrical/Utility Upgrade Addendum
FAX/727-6904

Flnancc
231/724-6713
FAX/724-6768           I am requesting approval of the agreement addendum to
                       the Electrical/Utility Upgrade contract we have with the
Fire Dept,
23 l /724-6792         DNR, and to adopt the attached resolution.
FAX/724-6985
                       Hartshorn Marina was built over forty years ago, and is
Income Tnx
23 l /724-6770
                       in need of major electrical improvements. The East side
FAX/724-6768           electrical work was completed this year, and the DNR has
Info. Systems          allowed funding to complete the West side work. The
231/724-6744           work has been recommended by The Abonmarche Group in the
FAX/722-430 1
                       engineering study they completed on the marina in 2001.
Leis ure Service
23 l /724-6704
                       In the study they stated the "the electric distribution
FAX/724-1196           system within the large boat basin is generally in poor
Manager's Office
                       condition. Junction and services boxes are corroded and
23 l /724-6724         outdated. Exposed conduit along the bulkhead is
FAX/722-1214
                       unsupported and broken in places." The cost is
Mayor's OITTce         $320,000.00, which would require a fifty percent local
231/724-6701
FAX/722-1214           match equaling $160,000.
Ins pection Services   Thank you for your consideration.
231 /724-6715
FAX/726-2501

Plnn nlng/Zonlng
23 l /724-6702
FAX/724-6790

Police Dept.
231 /724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722-4188

Treosurer
231/724-6720
F AX/724-6768

Water Billing Dept.
231/724-6718
FAX/724-6768

Water Filtration
23 l /724-4106
FAX/755-5290


                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                                                                  2002-62([)

                                     AGREEMENT ADDENDUM
                         Harbors and Docks - Electrical/Utility Upgrade


        THIS AGREEMENT ADDENDUM, made this -~J~4t=h~_ day of _c,MaaiY<---~• 2002, by
and between the CITY OF MUSKEGON, MICHIGAN, a municipal corporation, hereinafter referred to
as the "City", and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the
State of Michigan, hereinafter referred to as the "Department".
        WHEREAS, on August 14, 2001, an agreement was entered into between the Department and
City, to upgrade the electrical/utility service at the City of Muskegon Marina under provisions of the
State's Waterways Grant-in-Aid Mooring Program; and
        WHEREAS, additional project funding to provide for the second phase of the upgrade of
electrical service at the City of Muskegon .Hartshorn marina facility, in conjunction with the original
agreement project work, has been requested;
        NOW, THEREFORE, in consideration of the mutual promises and conditions contained
herein, it is mutually agreed as follows:
        1.      The Department agrees to grant to the City an additional sum of money equal to Fifty
(50%) percent of the total additional project work. This additional grant amount shall not in any event
exceed one hundred sixty thousand dollars ($160,000.00). Said total grant-in-aid for the project shall
not exceed two hundred sixty-eight thousand dollars ($268,000.00). These monies shall be used only
for the project work outlined in the Agreement and this Addendum and related engineering costs.
       2.       The City agrees to immediately appropriate the sum of one hundred sixty thousand
dollars ($160,000.00). This sum represents fifty (50%) percent of the total cost of the additional
project work called for by this Agreement Addendum. Any additional funds needed to complete the
project work shall be provided by the City. The City must have the prior written approval of the
Department for any change orders to the contract(s) In cost, plans or specifications.


             IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the
day and date first above written.


WITNESSES:




                                                    Title:   Ma or


                                                    MICHIGAN DEPARTMENT OF
                                                    NATURAL RESOURCES

                                                    By:. _ _ _ _ _ _ _ __
                                                    Rodney A. Stokes, Chief
                                                    Parks and Recreation Bureau
                                               RESOLUTION

                                                2002-62(f)


Upon Motion made by Vice-Mayor R11i e                  , seconded by Comm    Scbwei fl er , the following
Resolution was adopted:
         "RESOLVED, that the City of Muskegon, Muskegon County, Michigan does hereby accept the
terms of the Agreement Addendum as received from the Michigan Department of Natural Resources,
and the City does hereby specifically agree, but not by way of limitation, as follows:
         1. To appropriate the sum of one hundred sixty thousand dollars ($160,000.00), to match the
grant authorized by the Department.
         2. To maintain satisfactory financial accounts, documents, and records and to make them
available to the Department for auditing at reasonable limes.
         3. To construct the facility improvements and provide such funds, services, and materials as
may be necessary to satisfy the terms of the said Agreement Addendum.
         4. To comply with any and all terms of the said Agreement Addendum including all terms not
specifically set forth in the foregoing portions of the Resolution."
            The following aye votes were recorded: - ~ -
            The following nay votes were recorded: - ~ -


STATE OF MICHIGAN              )
                               ) §
MUSKEGON COUNTY                )


        I,   Gail A. Kundinger               , Clerk of the City of Muskegon, Muskegon County,
Michigan, do hereby certify that the a.bove is a true and correct copy of the Resolution relative to the
Agreement with the Michigan Department of Natural Resources, which Resolution was adopted by
the City Council at a meeting held     M 14                             , 2002.




Dated:     May 14, 2002
                                                                                  2002-62(f)

                                     AGREEMENT ADDENDUM

                          Harbors and Docks - Electrical/Utility Upgrade


       THIS AGREEMENT ADDENDUM, made this                    14th      day of    May        , 2002, by
and between the CITY OF MUSKEGON, MICHIGAN, a municipal corporation, hereinafter referred to
as the "City", and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the
State of.Michigan, hereinafter referred to as the "Department".
       WHEREAS, on August 14, 2001, an agreement was entered into between the Department and
City, to upgrade the electrical/utility service at the City of Muskegon Marina under provisions of the
State's Waterways Grant-in-Aid Mooring Program; and
       WHEREAS, additional project funding to provide for the second phase of the upgrade of
electrical service at the City of Muskegon Hartshorn marina facility, in conjunction with the original
agreement project work, has been requested;
        NOW, THEREFORE, in consideration of the mutual promises and conditions contained
herein, it is mutually agreed as follows:
        1.      The Department agrees to grant to the City an additional sum of money equal to FiflY
(50%) percent of the total additional project work. This additional grant amount shall not in any event
exceed one hundred sixty thousand dollars ($160,000.00). Said total grant-in-aid for the project shall
not exceed two hundred sixty-eight thousand dollars ($268,000.00). These monies shall be used only
for the project work outlined in the Agreement and this Addendum and related engineering costs.
       2.       The City agrees to immediately appropriate the sum of one hundred sixty ·thousand
dollars ($160,000.00).    This sum represents fifty (50%) percent of the total cost of the additional
project work called for by this Agreement Addendum. Any additional funds needed to complete the
project work shall be provided by the City. The City must have the prior written approval of the
Department for any change orders to the contract(s) in cost,_plans or specifications.


             IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the
day.and date first above written.


W!TNESSES:



              ./otf'f'r


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                                                    MICHIGAN DEPARTMENT OF
                                                    NATURAL RESOURCES

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                            RESIDENTIAL CONSTRUCTION AGREEMENT

       This Residential Construction Agreement is made as of the 10th day of May, 2002
 between City of Muskegon (the "Owner"), Edgar & Mashia Watson (the "Purchaser") and
 Bantam Group Inc ("General Contractor").

                                          BACKGROUND

        A.      General Contractor and Purchaser agree that General Contractor shall construct a
single family residence (the "Residence") for Purchaser pursuant to the Infill Program, according
to terms of this Agreement.

          THEREFORE, the parties agree as follows:

        I.     Building Site. Owner has signed a binding purchase agreement with Purchaser to
give a building site located on the real estate located at 428 Marquette (Vacant Land} and
legally described on Exhibit B (the "Property"). Owner has agreed to hire General Contractor to
build the Residence on the Property.

        2.      The Residence. General Contractor shall build the Residence in accordance with
the plans and specifications, a copy of which is attached as Exhibit C (the "Plans"). Any features
of the Residence that are not explicitly described in the Plans shall be determined in the sole
discretion of General Contractor. For example, unless specifically set forth on the Plans, the
location of all electrical outlets shall be as determined by General Contractor.

       3.    Price. The price for constructing the Residence shall be $115,528 ("Price"). The
Price may change in the event Owner and General Contractor and/or Purchaser, agree to
change orders, modifications or extras, as defined below, in writing and signed by all the
above.

                 3.1    The price is based on certain allowances. Allowances are merely
         estimates of costs for items to be added to the Residence at Purchaser's and Owner's
         discretion, such as carpeting, light fixtures, window treatments, etc. The allowances used
         in determining the Price are set forth on Exhibit D. The Price will increase or decrease
         depending on the actual cost of the items listed as allowances. In the event the actual cost
         of any allowance exceeds the estimated amount (" Additional Allowance Amount"),
         Purchaser shall pay the Additional Allowance Amount within 30 days of General
         Contractor's invoice. No Additional Allowance Amount shall be billed through General
         Contractor without the express prior written consent of Owner.

        4.      Costs Included.· The Price shall include the cost of the building permit and all
sales taxes incurred by General Contractor for materials purchased and installed in the
Residence, but shall exclude sales tax for those items purchased either by General Contractor or
Purchaser as an allowance. The Price shall not include any other costs whatsoever associated
with the construction of the Residence, including, but not limited to, utility bills, heating costs,


A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                              Page I
 sewer or water hook-up charges, trunkage fees, regional fees, or any other water, sewer or
 property tax assessments, each of which shall be Purchaser's sole responsibility.

        5.     Payment of the Price. The Price shall be paid in accordance with the following
 schedule ("Payment Schedule").

               General Contractor may request draws from Transnation Title Insurance Co.
("Transnation"), which is acting as escrow agent. Draws may be requested no more than once
per month. Requests for draws and documentation required will be in a format acceptable
Transnation, and shall include at a minimum lien waivers. The total amount of a draw may never
exceed the percentage of completion, less a 10% holdback. The balance owed on the contract,
including any holdback, shall be paid upon completion and issuance of a certificate of
occupancy.

         6.     Modifications/Extras. No modifications to the Plans ("Modifications") or
requests for additional construction ("Extras") shall be binding upon either party, unless the
Modifications and/or Extras are set forth on a written change order that is signed by General
Contractor, Purchaser of Muskegon ("Purchaser"), and Owner ("Change Order"). The Change
Order must provide a detailed description of the Modifications and/or Extras and the cost or
credit to be charged. Where a Change Order increases or decreases the Price ("Adjusted Price"),
the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.

        7.     Possession. Purchaser shall be entitled to possession of the Residence upon
payment of the Price or Adjusted Price in full. Upon payment in full, General Contractor shall
deliver to Purchaser a completed sworn statement and a full unconditional waiver of lien.
Payment of the Price or Adjusted Price by Purchaser shall constitute the acceptance of the
Residence.

         8.    Estimated Completion Date. General Contractor shall commence construction
of the Residence within 30 days from the date the parties sign this agreement June 20, 2002
("Commencement Date"). General Contractor shall endeavor to complete the Residence by
September 30, 2002("Completion Date"). Provided, that both the Commencement Date and the
Completion Date may be extended as a result of circumstances beyond the control of General
Contractor, including, but not limited to, delays caused by suppliers or subcontractors, delays for
utility hook-ups, Acts of God, labor disputes, governmental inspections, regulations, or permit
processes, material back orders, Purchaser's requests for Change Orders, fire, injury or disability
to General Contractor or weather.




A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                              Page 2
         8.     General Contractor Conditions. This Agreement is subject to and includes all
 of the Contractor Conditions attached to this Agreement as Exhibit A.




                                                   Its: Mayor

                                                  By:   ~do,            lttliA,
                                                          L illtla   fort-<",,.
                                                  Its: /),pu ~ Clerk


                                                  General Contractor - Bantam Group Inc

                               , ZooL             By:   tii~
                                                       Michae!J. A.Amrhein
                                                  Its: Owner


                                                  Purchaser - Edgar & Mashia Watson




                                                  Edgar Watson       SS#   fdtr-,-fW~~
                                                     3?!-1 G-s'J-S-S-
                                                  Mashia Watson SS#        A, a.,.i.,-'i .'~
                                                                       s          2-. -,-r.J   -s-1-.s.~3




A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                                 Page 3
                                              EXHIBIT A

                                      Contractor CONDITIONS


          1.       General Contractor's Warranties. All building materials used in the construction of
the Residence shall be new. General Contractor guarantees its workmanship for a period of one year
from the date of final completion. Within that period, General Contractor may replace, at its option, any
materials incorporated into the Residence which are defective, provided the manufacturer's wan-anty is
still in full force and effect and, in fact, the manufacturer honors that warranty. To make a claim under
this warranty, Purchaser must give General Contractor written notice of any such defect in the
workmanship and/or materials promptly upon discovery and not later than expiration of the one year
warranty period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear or natural settling. General Contractor shall turn over and
transfer to Purchaser all manufacturer's warranties that ;tre delivered directly to General Contractor by
the manufacturer. All warranties under this agreement shall transfer upon the date of sale to Buyer as the
Purchaser's successor in interest.

         2.      Purchaser's Warranties. Purchaser covenants and warrants that the Property is subject
to a binding purchase agreement. Purchaser shall locate the exact location of the Residence on the
Property. All corners of Residence shall be clearly marked with surveyor stakes. Purchaser covenants
and agrees that such location is in compliance with all applicable federal, state and local rules and
regulations, including, but not limited to, building restrictions, set-back requirements, sand dune and
wetland laws, and regulations and zoning ordinances. In the event the location of the Residence is
moved for any reason, General Contractor expressly reserves the right to increase the Price accordingly
to the extent and in such amounts as the new location increases the cost to General Contractor.

        3.       License. General Contractor is a residential General Contractor and a residential
maintenance and alteration contractor and is required to be licensed under article 24 of Act 299 of the
Public Acts of 1980, as amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws.
 An electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended,
being sections 338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be
licensed under Act No. 266 of the Public Acts of 1929, as amended being sections 338.901 to 338.917 of
the Michigan Compiled Laws. General Contractor is licensed by the State of Michigan as a licensed
Michigan Contractor and maintains its license in good standing. General Contractor's License and ID
numbers are 2102155592 and 5293297, respectively.

        4.     Laws, Ordinances and Regulations. In connection with the construction of the
Residence, General Contractor shall meet and comply with all applicable laws, ordinances, and
regulations.

       5.      Notice of Commencement. Purchaser shall deliver a Notice of Commencement in
accordance with the Michigan Construction Lien Act within ten days of this Agreement.

         6.     Diligent Pnrsnit. General Contractor shall diligently pursue its obligations under this
Agreement. If Purchaser believes that General Contractor has failed to comply with this paragraph, it
shall provide General Contractor not less than 15 days written notice of such non-compliance, a list of
Purchaser's specific complaints, and a reasonable time within which General Contractor shall cure any
such reasonable complaints. Until Purchaser fully complies with the notice provisions set forth in this
paragraph, Purchaser may not replace General Contractor with any other party to complete construction

A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                                  Page 1
 and may not deduct from the Price any amount paid by Purchaser to complete construction in accordance
 with the Plans.

         7.        Insurance. Purchaser shall procure and maintain an "all risk" insurance policy and shall
name General Contractor as an additional named insured. Purchaser shall provide General Contractor
with evidence of such insurance upon request. General Contractor shall maintain a policy of General
Contractor's insurance fully insuring the Residence from the date construction commences until the date
of substantial completion. Purchaser and their mortgagee may also maintain a policy of insurance upon
their interest in the Residence. General Contractor shall also carry public liability insurance with
coverage limits not less than $300,000 single-limit coverage and worker's compensation insurance in an
amount not less than the statutory minimum. Such policies shall name Purchaser and their mortgagee as
additional named insured. General Contractor shall provide Purchaser with evidence of such insurance
upon request. Purchaser and General Contractor waive all rights against each other for damages caused
by fire or other perils to the extent covered by insurance provided under this paragraph.

          8.        Miscellaneous.

                  9.1     Applicable Law. This Agreement is executed in, shall be governed by, and
          construed and interpreted in accordance with the laws of the State of Michigan.

                   9.2   Binding Effect. This Agreement shall be binding upon, inure to the benefit of,
          and be enforceable by the parties and their respective legal representatives, successors, and
          assigns.

                   9.3      Full Execution. This Agreement requires the signature of both patties. Until
          fully executed on a single copy or in counterparts, this Agreement is of no binding force or
          effect, and if not fully executed, this Agreement is void.

                   9 .4     Counterparts. This Agreement may be executed in two or more counterparts,
          each of which shall be deemed an original as against any pmty whose signature appears thereon,
          and all of which together shall constitute one and the same instrument. This Agreement shall
          become binding upon the parties when one or more counterparts, individually or taken together,
          shall bear the signatures of all parties.

                 9.5     Non-Waiver. No waiver by any party of any provision of this Agreement shall
         constitute a waiver by such party of such provision on any other occasion or a waiver by such
         party of any other provision of the Agreement.

                 9.6     Severability. Should any one or more of the provisions of this Agreement be
         determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
         enforceability of the remaining provisions shall not in m1y way be impaired or affected.

                 9.7      No Discrimination. Discrimination on the basis ofreligion, race, creed, color,
         national origin, age, sex, marital status, or handicapped condition by either party in respect to the
         construction of the Residence is prohibited.

                  9.8     Assignment or Delegation. Neither General Contractor nor Purchaser may
         assign all or any part of this Agreement. Provided, that General Contractor may delegate all or
         any part of its obligations to perform the services under this Agreement, to any persons or
         entities that General Contractor, in its sole discretion, deems appropriate, including sub-


A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                                      Page 2
          contractors. Such delegation shall be at the sole expense of General Contractor unless otherwise
          provided.
                   9.9     Notices. All required or permitted written notices shall be deemed effective and
          dnly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the
          custody of a nationally recognized receipted overnight delivery service; or (iv) two days after
          posting in the U.S. first class, registered or certified mail, postage prepaid, to the recipient party
          at the address as set forth at the outset of this Agreement, or to such other address as the recipient
          party shall have furnished to the sender in accordance with the requirements for the giving of
          notice.

                 9.10    Pronouns. For convenience, Purchaser has been referred to this Agreement
          sometimes in the singular and at other times in the plural.




                                                            General Contractor - Bantam Group
                                                                                \.,1,1
                                                                       ~·Mt
                                                                       s   ')

Dated:     !J\/J,V\ ti)                                     By:
                   I                                             Michael J. A. Amrhein
                                                            Its: Owner


                                                            Purchaser -Edgar & Mashia Watson

                                                             t~mfbt;iF
                                                            Edgar Watson

Dated:   .-2.0 .f~\ IL\JI


                                                               . fsses -
                                                            Wit~                         .· ,
                                                                . -~ff~/';
                                                                  l!
                                                                   L
                                                                                         /~'
                                                              neata Bailey, City of Muskegon
                                                                                                9t   /) _




Dated: _ _ _ _ _ _ _ _ __
                                                            Napoleon Brown, Ciggzree's Inc.



A:\CON-AGREE-BANTAM & WATSON.DOC
                                                                                                            Page 3
                                          EXHIBITB
                                       Legal Description




  The East 34 ½ feet of Lot 12, Block 11, revised plat of the City of Muskegon, according to the
    recorded plat thereof as recorded in Liber 3 of Plats, page 71, Muskegon County Records

                                              And


The East 12 feet of Lot 11 and the West 31 ½ feet of Lot 12, Block 11, revised plat of the City of
   Muskegon, according to the recorded plat thereof as recorded in Liber 3 of plats, page 71,
                                   Muskegon County Records




A:\CON-AGREE-BANTAM & WATSON.DOC
                                         EXHIBITC
                                   Plans and Specifications




A:\CON-AGREE-BANTAM & WATSON.DOC
                                                    EXHIBITD
                                                    Allowances

                                   The Price is based on the following allowances:




A:\CON-AGREE-BANTAM & WATSON.DOC
5-08-2002 2, 43PM        FROM BROOKF!ELD'PARK"CONO 2317986497                               P.2




                           inc.
                                     CITY 01' MUSKEGON
                                 IN-PILL HOUSING PROGRAM
                                        ALLOWANCES



              Material                Allowance                       Purchase at:
                                                               1. Lowe's Home Center
                                                                  2035 E. Sherman
                                                                  739-1100
                                                                    Contaet: Mike.Radman
                                                               2. Menard's
       Electrical Fi~tures                $600.00                 5487 Harvey Street
                                                                  798-8900
                                                     V
                                                               3. Home Depot
                                                                  2699 Henry Street
                                                                    755-0440

         Front Door Lock                   $75.00              ·See Above
                                                               l. :Solema Lwnber Co.
                                                                    1230 E. Laketon
              Flooring                    $3600.00                  773·3391
                                                                    Contac-t: Nick Bolema
                                                               1 . · KeQnQ Lumber
              Cabinetry                   $4000.00                   346 w. Laketon
                    &                                                755-5213
             Countertops                                            Contact: Kurt

      Color Selections:
         Material:                                                     Purchase at:

         1.    Vinyl Siding      Color:                        1.   Keene Lumber.
         2.    Roof Shingie      Color:                             346 w. Laketon
         3.    Shutters          Color:                   ..        755-5213
                                                                    Contact:Kur't


      Utility Selections:
      (check one)


     ·Dryer:                                         Range:
         •    Gas                                    •   Gas
         •    Electric                               •   Electric

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