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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 23, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Lighthouse Acres - Coast Guard License. LEISURE SERVICES
c. First Reading - Zoning Ordinance Amendment to allow Wireless
Communication Antennas to extend 30' above the structure to
which they are attached. PLANNING & ECONOMIC DEVELOPMENT
d. First Reading - Zoning Ordinance Amendment to allow signage for
Legal Businesses located in Residential Districts PLANNING &
ECONOMIC DEVELOPMENT
e. Budgeted Vehicle Purchases. DPW
f. First Reading. Zoning Ordinance Amendment to Require Minimum
Floor Sizes for Apartment Units. PLANNING & ECONOMIC
DEVELOPMENT
g. Set Public Hearing Date for Smartzone LDFA Plan. PLANNING &
ECONOMIC DEVELOPMENT
h. Set Public Hearing Date for Seaway Business Park LDFA Plan.
PLANNING & ECONOMIC DEVELOPMENT
City - MDOT Agreement for Roberts Street. Keating to Laketon.
ENGINEERING
j. Grant Request - Michigan Council for Arts and Cultural
Affairs/Muskegon County Museum. PLANNING & ECONOMIC
DEVELOPMENT
• PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. First Quarter 2002 Budget Reforecast. FINANCE
b. Cemetery Building Renovations LEISURE SERVICES
c. First Reading - General Employees Retirement System. ASSISTANT
CITY MANAGER
d. Approval of Muskegon Lakeshore Smartzone Agreement.
PLANNING & ECONOMIC DEVELOPMENT
e. CMI Brownfield Redevelopment Grant Smartzone Property.
PLANNIING & ECONOMIC DEVELOPMENT
f. Approval of Contractor for completion of Rehabilitation of structure
at 1838 Jarman. COMMUNITY & NEIGHBORHOOD SERVICES
g. Award Construction Engineer Services/Shoreline Drive.
ENGINEERING
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION:
• 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 1O minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CJTY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the City
Commission Worksession that was held on Monday, April 8, 2002, and
the Regular Commission Meeting that was held on Tuesday, April 9,
2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 23, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City of
Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at
5:30pm, Tuesday April 23, 2002.
Mayor Warmington opened the meeting with a prayer from Commissioner
Shepherd, after which members of the City Commission and members of the
public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and
Lawrence Spataro; City Manager Bryon Mazade, Assistant City Attorney John
Schrier and City Clerk Gail Kundinger.
2002-51 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission
Worksession that was held on Monday, April 8, 2002, and the Regular
Commission meeting that was held on Tuesday, April 9, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Lighthouse Acres - Coast Guard License. LEISURE SERVICES
SUMMARY OF REQUEST: To sign a license agreement with the coast Guard for
the use of Lighthouse acre as a park for five years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Leisure Services Board Recommends
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of budgeted replacements for
a total cost of $85895.20 using Oakland County Purchasing.
f. FIRST READING. Zoning Ordinance Amendment to Require
Minimum Floor Sizes for Apartment Units. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design
Criteria) of Article XXIII (General Provisions) of the City's Zoning Ordinance to
require minimum floor sizes for apartment units.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to change the proposed language in the article and section
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 4/11 meeting, with P. Veltkamp, M.
Kleaveland, and J. Aslakson absent.
g. Set Public Hearing Date for Smartzone LDFA Plan. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: to set the public hearing date 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 a public hearing be set for
May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002
to review the plan.
h. Set Public Hearing Date for Seaway Business Park LDFA Plan.
PLANNING & ECONOMIC DEVELOPMENT
STAFF RECOMMENDATION: To set the public hearing date 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 a public hearing be set for
May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002
to review the plan.
i. City - MOOT Agreement for Roberts Street. Keating to Laketon.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the milling &
resurfacing of Roberts Street from Keating to Laketon and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MOOT participation is about $79,600 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of
the project is $120,000.
BUDGET ACTION REQUIRED: None a this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
j. Grant Request - Michigan Council for Arts and Cultural
Affairs/Muskegon County Museum. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To authorize a grant request to the Michigan Council
for Arts and Cultural Affairs (MCACA) on behalf of the Muskegon County
Museum in the amount of $100,000. The request is for the renovation of
Zemke House on Clay Avenue.
FINANCIAL IMPACT: None. Match requirements and other funding will come
from the Muskegon County Museum.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
Motion by Vice-Mayor Buie, second by Commissioner Shepherd to
approve the Consent Agenda.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie.
Nays: None
MOTION PASSED
2002-52 NEW BUSINESS:
a. First Quarter 2002 Budget Reforecast. FINANCE
SUMMARY OF AREQUEST: At this time staff is transmitting the First Quarter 2002
Budget Reforecast which outlines proposed changes to the original budget
that have come about as result of changes in policy priorities, labor
contracts, updated information, or other factors. For the next meeting, an
action item will be placed on the agenda for adoption of the proposed first
quarter budget reforecast together with any additional changes deemed
necessary by Commissioners.
FINANCIAL IMPACT: Not surprisingly, the first quarter 2002 Budget Reforecast
reflects a falloff in expected general fund revenues due to the economy.
Significant adjustments have been made in the areas of city income tax,
state shared revenues and interest income. Helping offset these losses are
stronger than expected building permit revenues and income tax penalties.
General fund expenditures are expected to be slightly less than originally
anticipated. This is due primarily to: 1) the elimination of the community
Center Design capital item based on recent Commission goal prioritization
and, 2) the elimination of the scheduled Budget Stabilization fund transfer
because the City was able to fund this item in 2001 . Offsetting these
positives, however, are higher than anticipated insurance and legal service
costs. Also, on a positive note, we're pleased to report that healthcare costs
will remain within budget expectations based on the recent selection of
Priority Health.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast
to ensure it reflects their policy initiatives. At the next City Commission
meeting, staff will request formal approval of the Reforecast and related
budget amendment.
COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
No action taken at this time.
b. Cemetery Building Renovations. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to VanderVen Construction for
the interior renovations to the Cemetery office.
FINANCIAL IMPACT: $81,634
BUDGET ACTION REQUIRED: $70,000 is budgeted, so an additional $15,000
needs to be added to the budget, which includes the architects fees.
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATIN:
Motion by Commissioner Larson, second by Commissioner Gawron to
accept the bid and award the contract to VanderVen Construction.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson.
Nays: None
MOTION PASSED
c. FIRST READING - General Employees Retirement System.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Ordinance to be adopted by the City Commission
concerning changes relating to DPW and Leisure Services union employees.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: to adopt changes relating to DPW and Leisure
Services union employees concerning the General Employees Retirement
System as amended.
*Previously discussed with contract settlement. contract adopted February
2002.
COMMITTEE RECOMMENDATION:
Motion by Commissioner Spataro, second by Commissioner Schweifler to
adopt the changes relating to DPW and Leisure Services union employees
concerning the General Employees Retirement System as amended.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler.
Nays: None
MOTION PASSED
d. Approval of Muskegon Lakeshore Smartzone Agreement.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In order to proceed with the Smartzone project, an
agreement between the Michigan Economic Development Corporation
(MEDC), Grand Valley State University (GVSU), the City of Muskegon and the
Muskegon Local Development Finance Authority (LDFA) is necessary. The
Agreement outlines the rights and obligations of all parties. Therefore, the
Commission is requested to approve the Agreement.
FINANCIAL IMPACT: No direct impact, although LDFA funds are pledged for
the development of the Business incubator.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Muskegon Lakeshore Smartzone
Agreement and authorize the Mayor to sign.
COMMITTEE RECOMMENDATION: The LDFA will be meeting on April 22 to
approve the Agreement.
Motion by Commissioner Schweifler, second by Commissioner Gawron to
approve the Muskegon Lakeshore Smartzone Agreement with supporting
documents and authorize the Mayor to sign.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd.
Nays: None
MOTION PASSED
e. CMI Brownfield Redevelopment Grant Smartzone Property.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Anne Couture is working with Lakefront LLC to secure
a CM! Brownfield Redevelopment Grant from the Michigan Department of
Environmental Quality. Although Lakefront LLC is contracting with Ms.
Couture for the grant preparation, the City of Muskegon must approve the
resolution applying for the grant funds.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover
the costs of environmental remediation on the site which is not currently
covered by the current owner and other grant and private funds. The
amount being applied for is up to $1 Million.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the
Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Schweifler, second by Commissioner Larson to
approve the resolution and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington.
Nays: None
MOTION PASSED
f. Approval of Contractor for completion of Rehabilitation of
structure at 1838 Jarman. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the contract with Holden Construction of
Muskegon for the completion of the rehabilitation of 1838 Jarman for Thirty
Thousand Nine Hundred Twenty ($30,920). The structure was obtained by the
City of Muskegon through the "Good Neighbor Program" from the U.S.
Department of Housing and Urban Development for the total cost of one
dollar($1.00). The Lead Base Paint Abatement has been completed, after
the final rehabilitation is completed the property will be sold to a qualified
family in accord with the City's neighborhood revitalization efforts.
FINANCIAL IMPACT: The funding for this project will be taken from the City's
HOME funds from fiscal year 2001.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services selection.
COMMITTEE RECOMMENDATION: The Commission previously approved the
Lead Base Paint Abatement for this project.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the contract with Holden Construction of Muskegon for $30,920 for
rehabilitation of 1838 Jarman.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie.
Nays: None
g. Award Construction Engineer Services/ Shoreline Drive.
ENGINEERING
SUMMARY OF REQUEST: To enter into a construction engineering services
agreement with Fleis & Vandenbrink to perform the necessary plans review,
construction inspection, construction staking and testing. Furthermore, it is
requested that the award be contingent upon the successful execution of
the funding agreements between the City & MOOT.
We are anticipating the arrival of a costed proposal from Fleis & Vandenbrink
prior to the 23 of April. Upon receiving that proposal we will present you with
the information during the meeting.
Fleis & Vandenbrink is being recommended as a result of reviewing the
uncosted proposal as well as the interviews that included FTC&H and V3
consulting.
FINANCIAL IMPACT: The cost for the engineering services would be from the
grant to construct Shoreline Dr.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an engineering agreement with Fleis &
Vandenbrink Engineering.
Motion by Commissioner Larson, second by Commissioner Schweifler to
/
enter into an engineering agreement with Fleis & Vandenbrink Engineering.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie, Gawron.
Nays: None
MOTION PASSED
2002-53 ANY OTHER BUSINESS:
An overview report was given by City Manager Bryon Mazade on Van's Car
Wash.
2002-54 PUBLIC PARTICIPATION:
Various comments were heard from the public.
2002-55 CLOSED SESSION: To discuss property acquisition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
close session at 6:43pm to discuss property acquisition.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson.
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Commissioner Spataro to
return to open session at B:07pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson Schweifler
Nays: None
Absent: Shepherd
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon
was adjourned at 8:08pm.
Respectfully submitted,
Gail Kundinger, CMC/ AAE
City Clerk
Date: April 1 O, 2002
To: Honorable M~ayorand City Commissioners
From: RicScott t
1
(/-
RE: Coast Guard License.
SUMMARY OF REQUEST:
To sign a license agreement with the Coast Guard for the
use of Lighthouse acre as a park for five years
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmative Action
23 I /724-6703
FAX/722-1214
Assessor
23 I /724-6708
F AX/726-5181
Cemetery
23 I /724-6783
FAX/726-56 17
Civil Service
231/724-6716
F AX/724-4405 West MlchJgan's Shoreline CJty
C lerk
23 I /724-6705
FAX/724-4178
Date: April 10, 2002
Comm. & Neigh,
Senlces
231/724-6717
To: Honorable M,,v~City Commissioners
FAX/726-2501
From: Ric Scott /yr/t-rY --
E ngineering
231 /724-6707 Re: Coast Guard License
FAX/727-6904
Attached is a license agreement with the Coast Guard for
Finance
231/724-6713
the use of Lighthouse Acre as a park. This agreement is
FAX/724-6768 proposed to allow the city to use the park as we have
Fire Dept. been until the property can go through the process of
231/724-6792 being determined to be excess property. At that point,
FAX/724-6985
the property would be given to the City.
I n come Tax
23 1/724-6770 I would ask that you authorize the Mayor sign the
FAX/724-6768
agreement.
Info. Systems
231/724-6744 The Leisure Services Board approved the license
FAX1722-4301
agreement at their meeting in April.
Leis ure Service
23 I /724-6704 Thank you for your consideration.
FAX/724-1196
Man ager's Office
23 l /724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
231 /724-6715
FAX/726- 2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4 100
FAX/722-4188
Treasurer
231/724-6720 .
FAX/724-6768
Water DIiiing Dept.
231/724-6718
l•AX/724-<i768
Water Filtration
231 /724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
LICENSE TO USE COAST GUARD REAL PROPERTY
License No.
The Commanding Officer, Civil Engineering Unit, Cleveland
(Licensor) grants to the City of Muskegon, Department of Leisure
Services, (Licensee), whose address is 933 Terrace Street,
Muskegon, Michigan 49443-0536, a license for the nonexclusive
right to use one acre of land which is part of Lot No. 8 of
Fractional Section 28 in Town 10 North, Range 17 West, within
Pere Marquette Park, Muskegon, Michigan.
The term of this license shall be for five years, beginning on
April 1, 2002 and ending on March 31, 2007, unless revoked sooner
under paragraph 24 of this license.
This' license does not convey any interest in any Coast Guard real
property to the Licensee. It simply authorizes the Licensee to
use, or pass over, the specified Coast Guard real property for
the purposes that are stated in the license.
THIS LICENSE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Purpose of License. The Licensee, its officers, employees,
contractors, agents, and guests and the participants in its
activities may only use the facility for the following uses:
Park purposes.
2. Period of License. The Licensee may only use the facility
during the times specified in this license. All activities on
the facility must take place during the times specified,
including any setting up or breaking down of equipment etc.
3. This License is Limited to Use of the Designated Facility.
The Licensee, its officers, employees, contractors, agents, and
guests and the participants in its activities may not enter or
use any other facilities on the installation, unless they have an
independent right to do so or are specifically invited to do so
by someone with the authority to allow entry. The Licensee, its
officers, employees, contractors, agents, and guests and the
participants in its activities may not enter any housing areas,
unless specifically invited there by a resident.
4. Non-Profit operation and Certification: The Licensee
certifies that it is either a state or local government entity or
a nonprofit organization, which is exempt from taxation by
section 501 of the Internal Revenue Code (26 U.S.C. 501).
Licensee may not conduct any activities on the facility for the
purpose of raising funds or making a profit. If the Licensee
charges a fee to others in connection with the Licensee's use of
the facility, the Licensee shall submit to the Collection Clerk
at the address shown below, with a copy to the Licensor, a
certified statement itemizing its operating expenses and the
· 09-30149
revenues derived from the use of the facility, along with a check
or money order made payable to the U.S. Coast Guard for any
revenues generated by the use of the facility in excess of the
expenses. The certified statement and payment, if any shall be
mailed to the following address: ART, P.O. Box 641020,
Pittsburgh, PA 15264-1020.
5. Governing Law and Regulations. The Licensee, its officers,
employees, contractors, agents, and guests and the participants
in its activities, while on the Coast Guard installation are
subject to all applicable Federal, state, and local laws,
regulations, directives, and orders, including those issued by
the Licensor or a designated representative, including the
installation's Officer of the Day, Master at Arms, or a member of
the installation's security force.
6. Environmental Protection.
a. The Licensee may not unlawfully pollute the air, ground, or
water, nor create a public nuisance. The Licensee shall, at no
cost to the United States, promptly comply with all applicable
Federal, state, and local laws, regulations, or directives
regulating the quality of the environment. This does not affect
the Licensee's right to contest the validity of such laws,
regulations, or directives or to try to enjoin their
applicability.
b. The Licensee shall use all required means to protect the
environment and natural resources from any damage arising from
the Licensee's use of the facility and activities incident to its
use. If any damage results to the environment or natural
resources, the Licensee shall restore the environment or damaged
resources.
7. Access to Licensed Facility. The Licensee, its officers,
employees, contractors, agents, and guests and the participants
in its activities shall enter and exit the installation by the
driveway and shall comply with all posted traffic and parking
control signs and directions by the installation's security
forces.
8. Parking. The Licensee may use any existing parking spaces.
9. Reimbursement of Expense. The Licensee agrees to reimburse
the Licensor for all utilities and services provided to the
Licensee in connection with this license. This Licensee shall
reimburse the licensor for any such costs as determined by
applicable laws, regulations, and directives.
2
10. Maintenance. The Licensee is solely responsible for the
care, repair, and maintenance of the licensed facility during the
term of the license.
11. Alterations. No additions to or alterations of the licensed
facility can be made without the prior written consent of the
Licensor. Upon revocation, expiration, or surrender of this
license the Licensee shall, to the extent directed by the
Licensor, remove all alterations, additions, betterments, or
improvements made or installed, and restore the premises, subject
to reasonable wear and tear, to the same or in as good a
condition as existed on the effective date of this license.
12. Return of Licensed Premises. On or before the expiration of
this license, or upon its relinquishment by the Licensee, the
Licensee shall vacate the facility and remove all property
brought onto the installation by the Licensee, its officers,
employees, contractors, agents, and guests and the participants
in its activities. If this license is revoked for any reason,
the Licensee shall vacate the facility and remove all property
brought onto the installation by the Licensee, its officers,
employees, contractors, agents, and guests and the participants
in its activities. In either event, if the Licensee fails to
remove property brought onto the installation (abandoned
property), then, at the option of the Licensor, the abandoned
property shall either become the property of the United States,
without payment of compensation, or the Licensor may have the
property removed from the installation. The Licensee agrees that
the Licensor has no obligation to safeguard or care for the
abandoned property. Neither the Licensor, the Coast Guard, nor
the United States are liable for any expenses incurred by the
Licensee for the removal of the abandoned property. If the
Licensee fails to remove any property brought on the
installation, the Licensee shall pay any costs incurred by the
Licensor for its removal.
13. Restoration of the Facility. The Licensee shall restore the
facility to the condition in which it was received. Licensee
shall clean up and remove all trash and refuse generated by the
Licensee's use of the facility and shall replace any property
that it may have relocated during its use of the facility. If
the Licensee fails to restore the facility, including the removal
of trash and relocation of property, the Licensee shall pay any
costs incurred by the Licensor to restore the facility.
14. Damage to Property. The Licensee is responsible for any
damage to or destruction of any property belonging to the United
States, which results from the Licensee's use of the facility.
The Licensee shall promptly repair or replace any damaged or
destroyed property to the satisfaction of the Licensor. In lieu
of repairs or replacement, and at the sole Licensor's discretion,
3
the Licensee may pay to the Licensor money in an amount
sufficient to compensate for the Licensor's loss sustained as a
result of the damage to or destruction of the property.
15. State and Local Permits, Licenses, and Taxes. The Licensee
is solely responsible for obtaining any state or local permits or
licenses necessary for its proposed use of the facility.
16. Solicitations. The Licensee, its officers, employees,
contractors, agents, and guests and the participants in its
activities may not engage in any activities while on the
installation that involve the solicitation of funds for private
or commercial interests, including fund raising for nonprofit
organizations and causes.
17. Controlled Substances. The Licensee, its officers,
employees, contractors, agents, and guests and the participants
in its activities may not bring any controlled substances onto
the installation, nor may any controlled substances be possessed,
used, solicited, transferred, or sold on the installation, except
for evidence processing of substances seized during performance
of official law enforcement duties.
18. Alcoholic Beverages. The Licensee, its officers, employees,
contractors, agents, and guests and the participants in its
activities may not bring any alcoholic beverages onto the
installation, except for evidence processing of alcoholic
beverages seized during performance of official law enforcement
duties.
19. Notice of Potential Hazards. The following hazards may be
associated with the use of the facility by the Licensee: none.
20. Indemnification and Insurance.
a. Licensee shall bear all risk of damage to the licensed
property arising from the Licensee's use of the licensed
property. However, the Licensee's liability for any loss or
damage shall be determined in accordance with the applicable
provisions of the City of Muskegon Self-Insurance Laws.
b. However, the limitation on Licensee's liability based on the
City of Muskegon Self-Insurance Laws is not applicable to the
Licensee's liability for any damage or loss resulting from the
Licensee's willful misconduct, or gross negligence of the
Licensee or any of its officers, agents, servants, employees,
licensees, or invitees.
c. The Licensee must keep the Government informed of any changes
to the City of Muskegon Self-Insurance Laws and regulations which
might impact on the Licensee's ability to make repairs/pay
4
damages for anything that happens to or on the licensed property.
d. In the event that any item or part of the licensed property
requires repair, rebuilding, or replacement resulting from loss
or damage, the Licensee shall promptly give notice of the loss or
damage to the Local Government Representative and, to the extent
of its liability, shall, upon demand, either compensate the
Government for such loss or damage, or rebuild, replace, or
repair the lost or damaged item or part of the licensed property,
as the Local Government Representative elects.
e. In the event that the Local Government Representative directs
Licensee to effect any repair, rebuilding, or replacement, the
Local Government Representative shall direct the payment to the
Licensee of so much of the proceeds of the City of Muskegon Self-
Insurance Laws carried by the Licensee and made available to the
Government as a result of its loss of or damage to any item or
part of the licensed property as may be necessary to enable
Licensee to effect such repair, rebuilding or replacement.
f. In the event the Government elects not to require Licensee to
repair, rebuild, or replace any item or part of the licensed
property lost or damaged, Licensee shall promptly pay to the
Government out of the City of Muskegon Self-Insurance Laws
proceeds collected by the Licensee such portion of the proceeds
as may be allocable to the loss or damage to the licensed
property.
g. When compliance with a Government request to effect any
repair, rebuilding, or replacement of any lost or damaged item or
part of the property would involve incurring of costs in excess
of Licensee's liability for such loss or damage under this
paragraph, Licensee shall be under no obligation to effect same
until after a satisfactory agreement has been reached between the
Local Government Representative and Licensee with regard to
Government reimbursement of the excess costs to Licensee.
21. Notification. The Licensee shall notify all of its officer,
employees, contractors, agents, or guests who will use the
facility of the terms of this license and that they are required
to comply with all applicable terms of this license if they enter
the installation.
22. Non-Discrimination. The Licensee, for itself and its
officers, employees, contractors, agents, and guests agrees that:
a. No individual on the grounds of race, sex, color, religion,
age, or national origin may be excluded from participation in,
denied the benefits of, or be otherwise discriminated against in
the use of the facility.
5
b. No individual on the grounds of race, sex, color, religion,
age, or national origin may be excluded from participation in,
denied the benefits of, or be otherwise subjected to
discrimination in the construction of any improvements at the
facility or in the furnishing of services in connection with the
use of the facility by the Licensee.
c. That the Licensee shall use the facility in compliance with
the regulations in 49 CFR Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964. This
license is not valid unless prior to the execution of this
license, the Licensee has signed the Standard Department of
Transportation Title VI Assurances form, a copy of which is
attached to and made part of this license.
23. Designation of Licensor's Principal Representative.
Civil Engineering Unit Cleveland is designated as the Principal
Representative of the Licensor. The Licensee shall coordinate
its use of the facility with the Principal Representative. The
Principal Representative can be contacted at telephone number
(216) 902-6266.
24. Revocation. This license is revocable at will by the
Licensor including the U. S. General Services Administration.
The revocation is effective upon receipt of written or verbal
notification to Licensee's representative, Director of Department
of Leisure Services, (231) 724-6704.
(NOTE: Licenses are often revoked when in Licensor's opinion
unsafe conditions exist, the Licensee has failed to comply with
the terms of a license, or the use of the facility would conflict
with Coast Guard operational requirements or U. S. General
Services Administration disposal actions.)
25. Assignability: This license is neither assignable nor
transferable by the Licensee.
6
26. Entire Agreement. This license constitutes the only
agreement between the Licensor and Licensee. Any prior
understanding or representation of any kind, which preceded the
date of this license, are not binding on either party, except to
the extent the understandings are incorporated into this license.
For the Licensee: -02-..
For the Coast Guard:
(Licensor) Laurette Tully
Real Property Specialist
Civil Engineering Unit Cleveland
Exhibits:
A. Drawing
B. Title VI Assurances
7
STANDARD DOT TITLE VI ASSURANCES
The Recipient HEREBY AGREES THAT as a condition to receiving any
Federal financial assistance from the Department of
Transportation it will comply with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4
(hereinafter referred to as the ACT), and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964 (hereinafter referred to
as the Regulations) and other pertinent directives, to the end
that in accordance with the Act, Regulations, and other pertinent
directives, no person in the United States shall, on the grounds
of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for
which the Recipient received Federal financial assistance from
the Department of Transportation, including the United States
Coast Guard, and HEREBY GIVES ASSURANCE THAT it will promptly
take any measures necessary to effectuate this agreement. This
assurance is required by subsection 21.7(a) (1) of the
Regulations.
More specifically and without limiting the above general
assurance, the Recipient hereby gives the following specific
assurances with respect to its program.
1. That the Recipient agrees that each "program" and each
"facility'' as defined in subsections 21.23(3) and 21.23(b) of the
Regulations, will be (with regard to a "facility") operated in
compliance with all requirements imposed by, or pursuant to, the
Regulations.
2. That the Recipient shall insert the following notification
in all solicitations for bids for work or material subject to the
Regulations and made in connection with each program and, in
adapted form in all proposals for negotiated agreements:
The Recipient, in accordance with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and
Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally assisted programs of the
Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity
to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix A
of this assurance in every contract subject to the Act and the
Regulations.
4. That the Recipient shall insert the clauses of Appendix B
of this assurance, as a covenant running with the land, in any
deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest
therein.
5. That where the Recipient receives Federal financial
assistance to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities
operated in connection therewith.
6. That where the Recipient receives federal financial
assistance in the form, or for the acquisition of real property
or an interest in real property, the assurance shall extend to
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running
with the land, in any future deeds, lease, permits, licenses, and
similar agreements entered into by the Recipient with other
parties: (a) for the subsequent transfer of real property
acquired or improved under each program and (b) for the
construction or use of or access to space on, over or under real
property acquired, or improved under each program.
8. That this assurance obligates the Recipient for the period
during which Federal financial assistance is extended to the
program, except where the federal financial assistance is to
provide, or is in the form of, personal property, or real
property or interest therein or structures or improvements
thereon, in which case the assurance obligates the Recipient or
any transferee for the longer of the following periods: (a) the
period during which the property is used for a purpose for which
the federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of
administration for the program as are found by the Secretary of
Transportation or the official to whom he delegates specific
authority to give reasonable guarantee that it, other recipients,
subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial
assistance under such programs will comply with all requirements
imposed or pursuant to the Act, the Regulations and this
assurance.
10. The Recipient agrees that the United States has a right to
seek judicial enforcement with regard to any matter arising under
the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all federal grants, loans, contracts,
property, discounts or other federal financial assistance
extended after the date hereof to the Recipient by the Department
of Transportation under the program and is binding on it, other
recipients, subgrantees, contractors, subcontractors,
transferees, successors in interest and other participants in the
program.
The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Recipient.
Attachments: ( 1 ) Appendix C
~··
APPENDIX C
The recipient for himself, his heirs, personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case
of deeds and leases add "as a covenant running with the land")
that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this
agreement for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving
the provision of similar services or benefits, the recipient
shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in federally-assisted programs of the Department of
Transportation Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
The recipient for himself, his personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case
of deeds, and leases add "as a covenant running with the land")
that (1) no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the
use of said facilities, (2) that in the construction of any
improvements on over or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination, (3)
that the recipient shall use the premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-
assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964), and as
said Regulation may be amended.
That in the event of breach of any of the above nondiscrimination
covenants, the Government shall have the right to terminate the
agreement and to reenter and repossess said land and facilities
thereon, and hold the same as if said agreement had never been
made or issued.
That in the event of breach of any of the above nondiscrimination
covenants, the Government shall have the right to reenter said
land and facilities thereon, and the above described lands and
facilities shall thereupon revert to and vest in and become the
absolute property of the Government and its assigns.
Commission Meeting Date: April 23, 2002
Date: April12,2002
To: Honorable Mayor and City Commiss~~s
From: Planning & Economic Development~
RE: Zoning Ordinance Amendment to All w Wireless
Communication Antennas to Extend 30 Feet Above the
Structure to Which They Are Attached
SUMMARY OF REQUEST:
Request to amend Section 2321 (Wireless Communication Service Facilities) of Article
XXIII (General Provisions) of the City's Zoning Ordinance to allow wireless
communication antennas (WCAs) to extend thirty feet above the roofline of the
structure to which they are attached.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to change the proposed
language in the article and section described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/11 meeting.
The vote was unanimous with P. Veltkamp, M. Kleaveland, and J. Aslakson absent.
4/12/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 11, 2002
Hearing; Case 2002-15: Request for an amendment to the Zoning Ordinance to allow wireless
communication antennas to extend thirty feet above the tallest portion of the structure to
which they are attached, by the West Michigan Community Help Network (WUVS 103.7 FM).
BACKGROUND
When the wireless connnunication regulations were adopted by the City, Wireless Connnunication
Antennas (WCAs) were allowed on existing tall structures as an accessory use. Wireless
Connnunication Antennas are defined as "any antenna used for the transmission or reception of
wireless communication signals ... ". The approval process for an accessory use is much quicker and
easier than having to get approval to build a full communication tower, so the industry is
encouraged to use existing structures (co-location) rather than building new towers. When the
regulations were adopted, the height limit on antennas mounted on the tops of buildings was limited
to 20 feet from the 'tallest portion of the structure to which the WCA is attached'.
The West Michigan Community Help Network (WUVS 103.7 FM) has recently placed a WCA on
top of the Fifth/Third Bank Building in downtown Muskegon (800 First St.). The applicant
originally proposed a 30 foot WCA, but reduced the height to 20 feet to comply with the ordinance.
He is now asking that a higher limit be considered. After review of the matter, staff has found that
many existing WCAs are taller than 20 feet. Staff also recognizes the need to clarify some of the
language now that we have administered the ordinance for a while. Staff is proposing a revised
version of the language as follows (deleted language in ~,~il.~il:iP.i, new language in bold):
Excerpted from Section 2321 (Wireless Connnunication Service Facilities):
Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any
zoning district when:
1) Placed on or attached to any existing structure ~ at least jive (5) stories in height which
constitutes a principle use, including existing communication towers and water towers
provided:
a) In the case of a five (5) story building, that any WCA shall not extend more than
/wan()• (20} thirty (30)feet above the t.iUastJNJ:.lir;;n roojline of the structure to which
it is attached
City of Muskegon Planning Commission - 4/11/02 1
b) In the case of a six (6) story building, that any WCA shall not extend more than
forty (40) feet above the roojline of the structure to which it is attached.
c) In the case of a seven (7) story building, tltat any WCA shall not extend more than
fifty (50) feet above the roojline oftlte structure to which it is attached.
d) In the case of an eight (8) story building, that any WCA shall not extend more
than sixty (60) feet above the roojline of the structure to wltich it is attached.
e) In no case shall any WCA extend more than sixty (60) feet above the roojline of
the structure to wltich it is attached.
City of Muskegon Planning Commission - 4/11/02 2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 2073
An ordinance to amend Section 2321 (Wireless Communication Service Facilities), of Article
XXIII (General Provisions) of the City's Zoning Ordinance to amend the language regarding
co-location of wireless communication antennas (WCAs) on existing structures.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2321 (Wireless Communication Service Facilities), of Article XXIII (General Provisions) of
the Zoning Ordinance of the City of Muskegon is hereby amended to include the following:
Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any
zoning district when:
I) Placed on or attached to any existing structure at least five (5) stories in height which
constitutes a principle use, including existing communication towers and water towers
provided:
a) In the case of a five (5) story building, that any WCA shall not extend more than thirty
(30) feet above the roofline of the structure to which it is attached.
b) In the case of a six (6) story building, that any WCA shall not extend more than forty (40)
feet above the roofline of the structure to which it is attached.
c) In the case of a seven (7) story building, that any WCA shall not extend more than fifty
(50) feet above the roofline of the structure to which it is attached.
d) In the case of an eight (8) story building, that any WCA shall not extend more than sixty
(60) feet above the roofline of the structure to which it is attached.
e) In no case shall any WCA extend more than sixty (60) feet above the roofline of the
structure to which it is attached.
This ordinance adopted:
Ayes: Gawron. Larson, Schweifler, Shepherd. Spataro, Warmington, Buie
Nayes: None
Adoption Date: A ril 23 2002
Effective Date: May g, 2002
First Reading:_ ____....Ap.....r-i=l_2=3-.,~2=00=2=-----------
Second Reading:
______;;_;_'---'-'---------------
N/ A
CERTIFICAIB
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City ofMuskegon, at a regular meeting ofthe City Commission on the
23rd day of April, 2002, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City ofMuskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DAIBD: _ _,A=p=r-=i=-1--=2=3'--_ __,, 2002. ~ a_,J_ L~j ,v
Gail K <linger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 23, 2002, the City Connnission of the City of Muskegon adopted an
ordinance to amend Section 2321 (Wireless Communication Service Facilities), of Article XXIII
(General Provisions) of the City's Zoning Ordinance, to add the following:
Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any
zoning district when:
1. Placed on or attached to any existing structure at least five (5) stories in height which
constitutes a principle use, including existing communication towers and water towers
provided:
a. In the case of a five (5) story building, that any WCA shall not extend more than thirty
(30) feet above the roofline of the structure to which it is attached.
b. In the case of a six (6) story building, that any WCA shall not extend more than forty
(40) feet above the roofline of the structure to which it is attached.
c. In the case of a seven (7) story building, that any WCA shall not extend more than
fifty (50) feet above the roofline of the structure to which it is attached.
d. In the case of an eight (8) story building, that any WCA shall not extend more than
sixty (60) feet above the roofline of the structure to which it is attached.
e. In no case shall any WCA extend more than sixty (60) feet above the roofline of the
structure to which it is attached.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published J?J ,2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: April 23, 2002
Date: April12,2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developme~
RE: Zoning Ordinance Amendment to Allow Signage for Legal
Businesses Located in Residential Districts
SUMMARY OF REQUEST:
Request to amend Section 2334 (Signs) of Article XXIII (General Provisions) of the
City's Zoning Ordinance to allow signage for legal businesses located in residential
districts.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to change the proposed
language in the article and section described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/11 meeting,
with P. Veltkamp, M. Kleaveland, and J. Aslakson absent, and J. Stewart and P.
Sartorius voting nay.
4/12/2002
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 11, 2002
Hearing; Case 2002-13: Request for an amendment to the Zoning Ordinance to allow signage
for businesses located in residential districts (tabled).
BACKGROUND
Several variance requests have been made to the Zoning Board of Appeals lately in order to allow
signage for businesses, which are located in residential zoning districts. The sign ordinance is
structured to refer to specific zoning districts, and allows ce1iain signage depending on the district
that the property is located in. There are five different residential disu·icts, ranging from single-
family to high-density multi-family, and the signage requirements are the same for all of these (see
ordinance excerpt below).
There are several ways in which businesses can be located in residential districts. Many are legal
nonconforming uses. The multi-family districts allow certain business uses, mostly office, under
special use permit. Pre-existing nonconforming commercial bnildings can also operate under
special use permit in any residential district. However, the zoning ordinance only addresses signage
for churches, schools, residential developments and home occupation businesses in residential
districts.
Staff would like to propose a minor amendment to the ordinance to allow for some type of signage
for businesses in residential districts. The proposed changes are in italics in the langnage below.
ORDINANCE EXCERPT
6. Permitted signs in all residential and mobile home park districts:
a. Entranceway monument signs are permitted for residential developments ofup to twelve (12) square
feet. One sign for each major public road frontage may be provided. Signs shall not exceed eight
feet in height.
b. Internally illuminated monument signs ofup to 32 (thirty-two) square feet for lawful institutional uses
such as churches and schools. Signs shall not exceed eight feet in height.
c. Legal business uses in residential districts are permitted signage as allowed in the B-1 zoning district,
except for those uses otherwise addressed in this section.
d. One (I) non-illuminated wall sign of up to eight (8) square feet for a home occupation. [amended
12/01]
City of Muskegon Planning Commission - 4/11/02 I
e. Changeable copy or message boards shall be part of a fixed, permanent sign and shall have rigid
letters. Electronic message boards are prohibited.
7. Permitted signs in the B-2, B-3, B-4, B-5, 1-1, and I-2 zones: *do you need this section or can you ... to
B-1?
a. Scope: Signs shall pertain exclusively to the business carried on within the building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be permitted.
c. Number: One monument, or pole sign is permitted per property, regardless of the number of
businesses there, except that one additional freestanding sign may be erected per road frontage when
the development has parallel frontage on more than one major street or corner frontages on major
streets totaling over 500 linear feet.
d. Wall, Awning or Braguet Signs, Size: Signs shall not exceed ten (10) percent of the surface area of
the commercial portion of the front building face and may be placed on any wall. In the case where
the building is over one hundred feet (100') from the road, this allotment may be 15% of the front
face of the storefront. In the case where the building is over 300 feet from the road, this allotment
may be 20% of the front face of the storefront.
e. Wall, Awning or Brague! Signs, Placement: Signs shall be placed against the principal building or on
a canopy. Signs shall not project above the roof line or cornice. No wall sign shall interrupt or
conceal the architectural details of a building. A sign attached to a mansard shall be considered a wall
sign.
f. Changeable copy or electronic message boards: Shall be pennitted provided:
i. One changeable or electronic message board shall be permitted per premise.
ii. Changeable copy boards shall be part of a fixed, permanent sign and shall have rigid letters.
iii. Electronic message boards shall be dimmed at dusk.
iv. Electronic message board suppotts shall be at least seventy-five (75) feet from any
residential use or zone.
g. Free-standing signs:
i. Setback: The leading edge of the sign must be out of the public right-of-way. Signs must be
a minimum of IO feet from a neighboring sign.
ii. Ground clearance: Ground clearance shall accommodate clear vision needs of the site.
iii. Area and Height: All signs shall comply with Table II.
8. Permitted signs in the B-1, Waterfront Marine Zone, Open Space Conservation, Open Space Recreation,
Lakefront Recreation and Heritage Districts:
a. Scope: Signs shall pertain exclusively to the business carried on within the building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be permitted.
c. Number: One monument sign is permitted per prope1ty regardless of the number of businesses there.
City of Muskegon Planning Commission - 4/11/02 2
d. Wall, Awning or Braque! Signs, Size: Signs shall not exceed ten (10) percent of the surface area of
the commercial pmiion of the front building and may be placed on any wall. In the case where the
building is over one hundred feet (I 00') from the road, this allotment may be 15% of the front face of
the storefront. In the case where the building is over 300 feet from the road, this allotment may be
20% of the front face of the storefront.
e. Wall, Awning or Braque! Signs, Placement: Signs shall be placed against the principal building or on
a canopy. Signs shall not project above the roof line or cornice. No wall sign shall interrupt or conceal
the architectural details of a building. A sign attached to a mansard shall be considered a wall sign.
f. Changeable copy or message boards: Shall be part of a fixed, permanent sign and shall have rigid
letters. Electronic message boards are prohibited.
g. Free-standing signs:
i. Setback: The leading edge of the sign must be out of the public right-of-way. Signs must be
a minimum of 10 feet from a neighboring sign.
ii. Clear vision: Signs shall not obstruct clear vision requirements for motorists.
iii. Area and height: Signs shall comply with the area requirements of Table II and shall not
exceed eight feet (8') in height.
City of Muskegon Planning Commission - 4/11/02 3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 207 4
An ordinance to amend Section 2334 (Signs), of Article XXIII (General Provisions) of the City's
Zoning Ordinance to amend the language permitted signage in residential zoning districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs), of Article XXIII (General Provisions) of the Zoning Ordinance of the City of
Muskegon is hereby amended to include the following under #6 (Permitted signs in all residential and
mobile home park districts):
c. Legal business uses in residential districts are ·permitted signage as allowed in the B-1 zoning
district, except for those uses otherwise addressed in this section.
Tbis ordinance adopted:
Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie
Nayes: None
Adoption Date: April 23, 2002
Effective Date: May 9 , 2002
First Reading: April 23, 2002
Second Reading: _
N/ A
__;;.,;.:....cc;_ _ _ _ _ _ _ _ _ _ _ _ _ __
Commission Meeting Date: Ap1il 23, 2002 - Zoning Ordinance Amendment for Business Signage in Residential Districts
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
23 rd day of April, 2002, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby. ~ ~ .
DATED: 4 - d_5" ,2002. ~ ~
Gail Kundinger, CMC/AAE
Clerk,. City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 23, 2002, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2334 (Signs), of Article XXIII (General Provisions) of the City's Zoning
Ordinance, to add the following under #6 (Permitted signs in all residential and mobile home park
districts):
c. Legal business uses in residential districts are permitted signage as allowed in the B-1 zoning
district, except for those uses otherwise addressed in this section.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon'. Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published At o ·/ cJ L,2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Date: 4/16/02
To: Honorable Mayor and City Commission
from: Brett Kraley, Equipment Supervisor DIPW
RE: Budgeted Vehicle Purchases
SUMMARY OF REQUEST: Approval to purchase six vehicle replacements for
2002. These vehicles will replace 1992 and 1993 cars.
FINANCIAL IMPACT: Total Cost $85,895.20 for all units. Budgeted $96,000
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of budgeted replacements
for a total cost of $85895.20 using Oakland County Purchasing.
Oakland Count)l local* Michigan State
Tl£2e of Vehicle Pricing Pricing Contract Totals Vehicle beino Reolaced
Chevrolet Impala $16,504.65 i $19,455.00 No Bid $16,504.65 i' 1993 Sunbird - 20198
{ Police Chief)
i
5 Malibus $13,878.11 $16,688.44 No Bid $69,390.55 1992 Cavaliers - 20207, 20208, 20209
1995 Corsicas - 20187, 20184
l
$85,895.20 $102,897.00
*local bidders:
Betten Chevrolet 'Total Cost $85,895.20
Freedom Chevrolet
Meyer Chevrolet Budgeted $96,000.00
Commission Meeting Date: April 23, 2002
Date: April12,2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developmt!11t '0)
RE: Zoning Ordinance Amendment to Require Minimum Floor
Sizes for Apartment Units
SUMMARY OF REQUEST:
Request to amend Section 2319 (Residential Design Criteria) of Article XXIII (General
Provisions) of the City's Zoning Ordinance to require minimum floor sizes for apartment
units.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to change the proposed
language in the article and section described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/11 meeting.
The vote was unanimous with P. Veltkamp, M. Kleaveland, and J. Aslakson absent.
4/12/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 11, 2002
Hearing; Case 2002-14: Request for an amendment to the Zoning Ordinance to add
requirements for minimum floor size for apartment units (tabled).
BACKGROUND
There are currently standards in the zoning ordinance dealing with minimum floor sizes for single-
family homes. Staff has recently become aware that the building code does not address minimum
floor size for apartment units, and since the zoning ordinance does not address this issue either,
would like to make a small amendment to the ordinance to add apartment floor size minimums to
Section 2319 (Residential Design Criteria).
Staff conducted research to check with many local apartment complexes to determine their floor
sizes for one, two and three-bedroom apartment units. The proposed floor sizes are based upon the
average sizes determined from this research. A copy of the information gathered is enclosed.
The proposed amendment is in italics in the ordinance excerpt below. In order to add multi-family
units, staff has restructured this section, but the only actual changes are the addition of criteria for
multi-family units.
ORDINANCE EXCERPT
SECTION 2319: RESIDENTIAL DESIGN CRITERIA [amended 7/98, amended 4/00, amended 8/01 [
It is the intent and purpose of this section to establish design review standards and controls over housing development
in the City of Muskegon. It is recognized that there are unique design aspects inherent in the community appearance
that need to be preserved and enhanced. The adoption of these criteria will guide and ensure that all future growth
enhances community character and image and fits with the unique vernacular of the City of Muskegon's urban setting.
A positive community image: enhances economic development opportunity; safeguards property values; curbs blight
and deterioration; and enhances public safety and welfare. The following standards shall apply to all single-family or
duplex structures erected in the City of Muskegon.
In the case of a one (1) family or two (2) family dwelling unit which is of standard construction, a mobile home, a
premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or placed in the City of
Muskegon, other than a mobile home located in a licensed mobile home park approved under the provisions of Article
V, MHP Mobile Home Park Districts, shall conform to the following regulations in addition to all other regulations of
this Ordinance:
1. The dwelling unit shall have a minimum living area (excluding all basement area) of nine hundred and sixty
(960) square feet for a one (I) bedroom dwelling. For each bedroom thereafter, an additional 100 square feet
of living space shall be provided.
City of Muskegon Planning Commission - 4/11/02 I
2. Where the home design involves a roof pitch, it shall be at a minimum pitch of 5/12, that is, for every twelve
inches (12") oflateral run, the roof shall rise five inches (5").
3. The roof shall have a snow load rating of forty (40) pounds per square foot.
4. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided to direct storm
or meltwater way from the foundation, unless a gambel roof or other design elements necessitate an alternative
roof drainage system.
5. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
6. The dwelling unit shall have a minimum width across any front, side, and rear elevation view which is the
lesser of:
a. Twenty-four (24) feet; or
b. The average width of the homes on the same street within six hundred (600) feet in either direction.
7. A structure with a front elevation view of over 40 linear feet shall have a design offset including but not
limited to; bay windows, covered porches, or structural offsets from the principal plane of the building.
8. Any single-story, residential structure shall not be more than two (2) times longer than its width (exclusive of
an attached garage).
9. Garage doors may not comprise more than fifty percent (50%) of the front face of the structure.
10. Newly constructed homes must be at the average setback of existing homes within 600 feet.
11. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance
with the building code, manufacturers specifications, and other applicable requirements.
12. Any crawlspace that may exist between the foundation and ground floor of the dwelling unit shall be fully
enclosed by an extension of the foundation wall along the perimeter of the building.
13. If the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the
manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device
complying with the rules and regulations of the Michigan Mobile Home Commission.
14. In the event that a dwelling unit is a mobile home as defined herein, it shall be installed with the wheels
removed. No dwelling unit shall have any exposed towing mechanism, undercarriage or chassis.
15. The dwelling unit shall be connected to a public sewer and water supply when available, as defined by the
Plumbing Code or if not available, to private facilities as approved by the county health department, the city,
and other applicable agencies.
16. Storage space of at least fifteen percent (15%) of the interior living space of the dwelling unit, exclusive of
auto storage or attic storage, shall be provided within the structure.
17. The subject dwelling unit shall be aesthetically compatible in design and appearance with other dwellings
within 600 feet. The review shall include but not necessarily be limited to: roof pitch, scale, size, mass,
minimum transparency, orientation to the street, and overhangs. The foregoing shall not be construed to
prohibit innovative design concepts involving such matters as (but not limited to) solar energy, view, or unique
land contour.
City of Muskegon Planning Commission - 4/11/02 2
18. The compatibility of design and appearance shall be determined in the first instance by the Zoning
Administrator upon review of the plans submitted for a particular dwelling unit. The Zoning Administrator's
decision may be appealed, to the Zoning Board of Appeals within a period of fifteen (15) days from the receipt
of notice to the officiars decision.
19. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with similar
quality workmanship as the original structure, including permanent attachment to the principal structure and
construction of a foundation as required herein.
20. The dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all
construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home
shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as
promulgated by the United States Depmiment of Housing and Urban Development, being 24 CFR 3280, and
as from time to time such standards may be amended.
2 l. All construction required herein shall be commenced only after a building permit has been obtained in
accordance with the Building Code.
22. Each dwelling unit shall have an established vegetative ground cover no less than 12 months after occupancy.
A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one
six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this
requirement.
23. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. ft.) of
yard storage for each dwelling unit. Said area shall be calculated separately from the required interior storage
space.
In the case of a multi-family (more than 2 units) dwelling structure which is of standard construction, a mobile home, a
premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or placed in the City
of Muskegon, other than a mobile home located in a licensed mobile home park approved under the provisions of
Article V, MHP Mobile Home Park Districts, shall conform to the following regulations in addition to all other
regulations of this Ordinance:
I. Each dwelling unit shall have a minimum living area (excluding all basement area) of six hundred and fifty
(650) square feet for a one(!) bedroom unit, of eight hundred and seventy-five (875) square feet for a two (2)
bedroom unit, and of twelve hundred (1200) square feet for a three (3) bedroom unit. For each bedroom
thereafter, an additional I 00 square feet of living space shall be provided.
2. Roof drainage in the form of a roof overhang of at least twelve inches (I 2 '? shall be provided to direct storm
or meltwater way from the foundation, unless a gambel roof or other design elements necessitate an
alternative roof drainage system.
3. The roof shall have a snow load rating offorty (40) pounds per square foot.
4. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
5. Garage doors may not comprise more thanfifi:y percent (50%) ofthe.fi-ontface of the structure.
6. The structure shall be firmly attached to a permanent foundation constructed on the site in accordance with
the building code, manufacturers specifications, and other applicable requirements.
7. Any crawlspace that may exist between the foundation and ground floor of the structure shall be fi,1/y enclosed
by an extension of the foundation wall along the perimeter of the building.
8. The structure shall be connected to a public sewer and water supply when available, as defined by the
City of Muskegon Planning Commission - 4/11/02 3
Plumbing Code or if not available, to private .facilities as approved by the county health department, the city,
and other applicable agencies.
9. Storage space of at least fifleen percent (15%) of the interior living space of each dwelling unit, exclusive of
auto storage or attic storage, shall be provided within the structure.
I 0. The subject structure shall be aesthetically compatible in design and appearance with other dwellings within
600 feet. The review shall include but not necessarily be limited to: roof pitch, scale, size, mass, minimum
tram,parency, orientation to the street, and overhangs. The foregoing shall not be construed to prohibit
innovative design concepts involving such matters as (but not limited to) solar energy, view, or unique land
contour.
11. The structure shall contain no additions ofrooms or other areas which are not constructed with similar quality
workmanship as the original structure, including permanent attachment to the principal structure and
construction ofa foundation as required herein.
I 2. Each dwelling unit shall have an established vegetative ground cover no less than I 2 months after occupancy.
A minimum of one shade tree, two and one-half inches (2.5'; in diameter, four feet (4; Ji-om the ground or
one six foot (6; evergreen tree shall be provided Existing landscaping may be accepted in lieu of this
requirement.
I 3. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. fl.) of
yard storage for each dwelling unit. Said area shall be calculated separately Ji-om the required interior
storage space.
City of Muskegon Planning Commission - 4/11/02 4
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.2Q15_
An ordinance to amend Section 2319 (Residential Design Criteria), of Article XXIlI (General
Provisions) of the City's Zoning Ordinance to require minimum floor sizes for apartment units.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2319 (Residential Design Criteria), of Article XXIII (General Provisions) of the Zoning
Ordinance of the City of Muskegon is hereby amended as following:
SECTION 2319: RESIDENTIAL DESIGN CRITERIA [amended 7/98, amended 4/00,
amended 8/01]
It is the intent and purpose of this section to establish design review standards and controls over
housing development in the City of Muskegon. It is recognized that there are unique design aspects
inherent in the community appearance that need to be preserved and enhanced. The adoption of these
criteria will gnide and ensure that all future growth enhances community character and image and fits
with the unique vernacular of the City of Muskegon's urban setting. A positive community image:
enhances economic development opportunity; safeguards property values; curbs blight and
deterioration; and enhances public safety and welfare. The following standards shall apply to all
single-family or duplex structures erected in the City of Muskegon.
In the case of a one (1) family or two (2) family dwelling unit which is of standard construction, a
mobile home, a premanufactured, or a precut dwelling structure, and any additions or alterations
thereto, erected or placed in the City of Muskegon, other than a mobile home located in a licensed
mobile home park approved under the provisions of Article V, MHP Mobile Home Park Districts,
shall conform to the following regulations in addition to all other regulations of this Ordinance:
1. The dwelling unit shall have a minimum living area (excluding all basement area) of nine
hundred and sixty (960) square feet for a one (1) bedroom dwelling. For each bedroom
thereafter, an additional 100 square feet of living space shall be provided.
2. Where the home design involves a roof pitch, it shall be at a minimum pitch of 5/12, that
is, for every twelve inches (12") of lateral run, the roof shall rise five inches (5").
3. The roof shall have a snow load rating of forty (40) pounds per square foot.
4. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be
provided to direct storm or meltwater way from the foundation, unless a gambel roof or
other design elements necessitate an alternative roof drainage system.
5. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
6. The dwelling unit shall have a minimum width across any front, side, and rear elevation
view which is the lesser of:
a. Twenty-four (24) feet; or
b. The average width of the homes on the same street within six hundred (600) feet in
either direction.
7. A structure with a front elevation view of over 40 linear feet shall have a design offset
including but not limited to; bay windows, covered porches, or structural offsets from the
principal plane of the building.
8. Any single-story, residential structure shall not be more than two (2) times longer than its
width (exclusive of an attached garage).
9. Garage doors may not comprise more than fifty percent (50%) of the front face of the
structure.
10. Newly constructed homes must be at the average setback of existing homes within 600 feet.
11. The dwelling unit shall be firmly attached to a permanent foundation const:rncted on the site in
accordance with the building code, manufacturers specifications, and other applicable
requirements.
12. Any crawlspace that may exist between the foundation and ground floor of the dwelling unit
shall be fully enclosed by an extension of the foundation wall along the perimeter of the
building.
13. If the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant
to the manufacturer's setup instructions and shall be secured to the premises by an anchoring
system or device complying with the rules and regulations of the Michigan Mobile Home
Commission.
14. In the event that a dwelling unit is a mobile home as defined herein, it shall be installed with
the wheels removed. No dwelling unit shall have any exposed towing mechanism,
undercarriage or chassis.
15. The dwelling unit shall be connected to a public sewer and water supply when available, as
defined by the Plumbing Code or if not available, to private facilities as approved by the
county health department, the city, and other applicable agencies.
16. Storage space of at least fifteen percent (15%) of the interior living space of the dwelling unit,
exclusive of auto storage or attic storage, shall be provided within the structure.
17. The subject dwelling unit shall be aesthetically compatible in design and appearance with
other dwellings within 600 feet. The review shall include but not necessarily be limited to:
roof pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs.
The foregoing shall not be construed to prohibit innovative design concepts involving such
matters as (but not limited to) solar energy, view, or unique land contour.
18. The compatibility of design and appearance shall be determined in the first instance by the
Zoning Administrator upon review of the plans submitted for a particular dwelling unit. The
Zoning Administrator's decision may be appealed, to the Zoning Board of Appeals within a
period of fifteen (15) days from the receipt of notice to the official's decision.
19. The dwelling unit shall contain no additions of rooms or other areas which are not
constructed with similar quality workmanship as the original structure, including
permanent attachment to the principal structure and construction of a foundation as
required herein.
20. The dwelling unit shall comply with all pertinent building and fire codes. In the case of a
mobile home, all construction and all plumbing, electrical apparatus and insulation within
and connected to said mobile home shall be of a type and quality conforming to the
"Mobile Home Construction and Safety Standards" as promulgated by the United States
Department of Housing and Urban Development, being 24 CFR 3280, and as from time
to time such standards may be amended.
21. All construction required herein shall be commenced only after a building permit has been
obtained in accordance with the Building Code.
22. Each dwelling unit shall have an established vegetative ground cover no less than 12 months
after occupancy. A minimum of one shade tree, two and one-half inches (2.5") in diameter,
four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing
landscaping may be accepted in lieu of this requirement.
23. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square
feet (64 sq. ft.) of yard storage for each dwelling unit. Said area shall be calculated separately
from the required interior storage space.
In the case of a multi-family (more than 2 units) dwelling structure which is of standard construction,
a mobile home, a premanufactured, or a precut dwelling structure, and any additions or alterations
thereto, erected or placed in the City of Muskegon, other than a mobile home located in a licensed
mobile home park approved under the provisions of Article V, •MHP Mobile Home Park Districts,
shall conform to the following regulations in addition to all other regulations of this Ordinance:
1. Each dwelling unit shall have a minimum living area (excluding all basement area) of six
hundred and fifty (650) square feet for a one (1) bedroom unit, of eight hundred and seventy-
five (875) square feet for a two (2) bedroom unit, and of twelve hundred (1200) square feet for
a three (3) bedroom unit. For each bedroom thereafter, an additional 100 square feet of living
space shall be provided.
2. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided
to direct storm or meltwater way from the foundation, unless a gambel roof or other design
elements necessitate an alternative roof drainage system.
3. The roof shall have a snow load rating of forty (40) pounds per square foot.
4. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
5. Garage doors may not comprise more than fifty percent (50%) of the front face of the
structure.
6. The structure shall be firmly attached to a permanent foundation constructed on the site in
accordance with the building code, manufacturers specifications, and other applicable
requirements.
7. Any crawlspace that may exist between the foundation and ground floor of the structure shall
be fully enclosed by an extension of the foundation wall along the perimeter of the building.
8. The structure shall be connected to a public sewer and water supply when available, as defined
by the Plumbing Code or if not available, to private facilities as approved by the county health
department, the city, and other applicable agencies.
9. Storage space of at least fifteen percent (15%) of the interior living space of each dwelling
unit, exclusive of auto storage or attic storage, shall be provided within the structure.
10. The subject structure shall be aesthetically compatible in design and appearance with other
dwellings within 600 feet. The review shall include but not necessarily be limited to: roof
pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The
foregoing shall not be construed to prohibit innovative design concepts involving such matters
as (but not limited to) solar energy, view, or unique land contour.
11. The structure shall contain no additions of rooms or other areas which are not constructed with
similar quality workmanship as the original structure, including permanent attachment to the
principal structure and construction of a foundation as required herein.
12. Each dwelling unit shall have an established vegetative ground cover no less than 12 months
after occupancy. A minimum of one shade tree, two and one-half inches (2.5") in diameter,
four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing
landscaping may be accepted in lieu of this requirement.
13. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square
feet (64 sq. ft.) of yard storage for each dwelling unit. Said area shall be calculated separately
from the required interior storage space.
This ordinance adopted:
Ayes: Gawron, T.arsan, Scbweifler, .Shepherd, Spataro, Warmington, Buie
Nayes: None
Adoption Date:_ _ ...._A~p....
ri · l"-'=2""'"3+-,"""'2. , .0""0....
.... 2 _ _ _ _ _ _ _ _ __
Effective Date:_ ___,_M..,,.a..,._y__.,,9,,___._2....
0...,02_ _ _ _ _ _ _ _ _ __
FirstReading:_ ___._.A~pr~i=l:--=2=3~,~2=0 =02==------ - - - -
Second Reading: N/ A
-----"-"'--'-'----------- -- - -
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission ofthe City of Muskegon, at a regular meeting of the City Commission on the
rd
23 day ofApril, 2002, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
been made available as required thereby. L
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
I
J ·
DATED: Agril 23 , 2002. ~ 3h. /
Gai! Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice ofAdoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 23, 2002, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2319 (Residential Design Criteria), of Article XXIII (General Provisions)
of the City's Zoning Ordinance to add minimum requirements for floor size for all apartment units.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ¥ii olt ,2002 CITY OF MUSKEGON
By _ _.,,--_ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
8
Commission Meeting Date: April 23, 2002
Date: April 15, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cl?, e,
RE: Public Hearing Date for Smartzone LDFA Plan
SUMMARY OF REQUEST: To set the public hearing date 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 a public hearing be
set for May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April
22, 2002 to review the plan.
2002-51 (g)
RESOLUTION CALLING PUBLIC HEARING REGARDING APPROVAL OF THE
DEVELOPMENT AND TAX INCREMENT FINANCING PLAN OF THE
LOCAL DEVELOPMENT FINANCE AUTHORITY OF THE CITY OF MUSKEGON
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, Michigan, held in the City offices, on the 23rd day of April, 2002, at 5:30 o'clock
p.m., Eastern Daylight Time.
PRESENT: Commissioners Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro, and Warmington
ABSENT: Commissioners None
-= ""'------------------
The following preamble and resolution were offered by Commissioner
Buie and supported by Commissioner Shepherd
~
~ WHEREAS, pursuant to the provisions of Act281, Public Acts of Michigan, 1986, as
§
~
amended ("Act 281") the City of Muskegon (the "City"), by resolution (the "LDFA
~ Resolution"), created the Local Development Finance Authority of the City of Muskegon (the
~ "Authority"); and
WHEREAS, the City received a tentative designation for a SmartZone by the Michigan
Economic Development Corporation; and
WHEREAS, to accommodate the possibility of additional growth and to participate in the
SmartZone program, the City Commission created a new district, the Muskegon Lakeshore
SmartZone, District 3 (the "New District") within which the Authority exercises its powers (the
"District"); and
WHEREAS, on November 13, 2001, the LDFA Resolution was amended to incorporate
the boundaries of the New District as a District of the Authority; and
WHEREAS, due to the addition of the New District to the Authority it is necessary and
advisable to adopt a Development and Tax Increment Financing Plan for the New District (the
"Plan"); and
WHEREAS, in accordance with the provisions of Act 281, the Authority has prepared
and approved a Plan; and
WHEREAS, the Authority has forwarded the Plan to the City Commission requesting its
approval of the Plan; and
WHEREAS, prior to approval of the Plan by the City Commission, it is necessary to
conduct a public hearing in connection with consideration of the Plan as required by Act 281.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Plan from the Authority
and directs the City Manager and the City Clerk to advise all local taxing jurisdictions of the
Plan and the City Commission's intention to consider approval of the Plan.
2. A public hearing is hereby called for Tuesday the 14th day of May, 2002 at 5:30
p.m., Eastern Daylight Time, in the City Hall in the City to consider adoption by the City
Commission of a resolution approving the Plan.
3. The City Clerk shall cause notice of said public hearing to be published in The
Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public
~ hearing. The first publication of the notice shall be not less than 20 days before the date set for
~ the public hearing. The notice shall be published as a display advertisement prominent in size.
~
4. The notice of the hearing shall be in substantially the following form:
-2-
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON THE
DEVELOPMENT AND TAX INCREMENT FINANCING PLAN OF THE
LOCAL DEVELOPMENT FINANCE AUTHORITY OF THE CITY OF MUSKEGON
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan,
will hold a public hearing on Tuesday, the 14th day of May, 2002, at 5:30 p.m., prevailing
Eastern Time in the City Hall located at 933 Jerrace Street, Muskegon, Michigan, to consider
the adoption of a resolution approving the Development and Tax Increment Financing Plan for
the Local Development Finance Authority of the City of Muskegon pursuant to Act 281 of the
Public Acts of Michigan of 1986, as amended.
The property to which the proposed Development and Tax Increment Financing Plan
'>' applies is:
~
0
~
I
&
Commonly referred to as the former Teledyne site, with a common
;· address of700 Terrace. A legal description is attached.
~
~
;;
Copies of the proposed Development and Tax Increment Financing Plan, maps, plats, etc.
are on file at the office of the City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City Commission
shall be afforded an opportunity to be heard in regard to the approval of the Development and
Tax Increment Financing Plan for the Local Development Finance Authority of the City of
Muskegon. All aspects of the of the Development and Tax Increment Financing Plan will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City ofMuskegon, Michigan.
Gail Kundinger
City Clerk
-3-
5. All resolutions and paiis of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded.
AYES: Commissioners Gawron, Larson I Schweifler I Shepherd I Spataro.
Warmington, and Buie
NAYS: Commissioners - -None
= - = = = - - - - - - - - - - - -- -- - - - - -
RESOLUTION DECLARED ADOPTED.
Rw- a L~~
(fCity Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
ti
ii! the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
~ regular meeting held on April 23, 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, as amended, and that the minutes of said meeting were
8
a kept and will be or have been made available as required by ~ai_rct.
~
I
'
~ qify Clerk ~
DELIB:2314385. 1\063684-00031
-4-
-
RIESENGA& Engineering
ASSOCIATES, INC. Surveying
Testing
Teledyne Property being purchased by Lakefront Development, LLC
Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County Records, described as follows: COJ\l!MENCING at the most
Southerly comer of Block 556 of said plat; thence North 62 degrees 44 minutes 00 seconds West
1248.69 feet along the Northerly line ofTerrace Street extended; thence Westerly 269.86 feet along
said Northerly line on a 302.48 foot radius curve to the left, the chord of which bears North 88
degrees 17 minutes 30 seconds West 261.00 feet; thence North 46 degrees 09 minutes 15 seconds
West 85.84 feet along the line between Lots 5 and 6 of said Block 558 to the TRUE PLACE OF
BEGINNING, said point being on the Northerly line of that .parcel of land taken by the City of
Muskegon for the construction of Shoreline Drive, a pedestrian walkway and the relocation of the
railroad right of way, (said Northerly line being described in Schedule A attached to City of
Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998); thence
continuing along said line between Lots 5 and 6 of said Block 558, North 46 degrees 09 minutes 15
seconds West 448.41 feet; thence North 27 degrees 25 minutes 55 seconds East 850;00 feet to an
intermediate traverse line along the shore of Muskegon Lake, said point being called "A", (said point
"A" being approximately 85' from the waters edge of Muskegon Lake; (the following eight (8) calls
being along said intermediate traverse line) thence South 65 degrees 45 minutes 16 seconds East
874.97 feet; thence North 26 degrees 49 minutes 35 seconds East 136. 75 feet; thence South 63
degrees 46 minutes 08 seconds East 283. 79 feet; thence North 29 degrees 04 minutes 15 seconds
East 189.14 feet; thence South 60 degrees 19 minutes 21 seconds East 182.84 feet; thence South 26
degrees 40 minutes 26 seconds East 320.52 feet; thence North 86 degrees 15 minutes 34 seconds
East 281.56 feet; thence South 50 degrees 57 minutes 54 seconds East 490.90 feet to a point on the
Northerly line of said parcel taken by the City, said point being called "B''; thence Northeasterly
131.86 feet, along a 1272.34 foot radius curve to the left, the chord of which bears North 70 degrees
5 8 minutes 46 seconds East 131.80 feet to the Northeasterly line of said Block 554; thence Northwest
along said Northeasterly line to the waters edge of Muskegon Lake; thence recommencing at said
point ''B"(the following seven (7) calls being along the Northerly line of said parcel taken by the
City), thence Southwesterly 416.86 feet, along a 1272.34 foot radius curve to the right, the chord of
which bears South 83 degrees 20 minutes 04 seconds West 415.00 feet; thence North 87 degrees 16
minutes 46 seconds West 904.15 feet; thence North 02 degrees 43 minutes 14 seconds East 55.00
feet; thence North 87 degrees 16 minutes 46 seconds West 120.00 feet; thence South 02 degrees 43
minutes 14 seconds West 55.00 feet; thence North 87 degrees 16 minutes 46 seconds West. 222.59
feet; thence Southwesterly 635.15 feet, along a 803.25 foot radius curve to the left, the chord of
which bears South 70 degrees 04 minutes 05 seconds West 618.73 feet to the place of beginning.
Together with all lands lying between the intermediate traverse line and the waters edge ofMuskegon
Lake and the Northeasterly line of said Block 554. Containing 34,2 acres more or less. Together with
and subject to easements of record.
D 570 East 16th Street, Suite 400 D 3522 Roger B. Chaffee " 11 3 West Savidge Street
Holland, Michigan 49423 Grand Rapids, Michigan 48548 Spring Lake, Michigan 49456
Ph. (616] 396-0255 Ph. (616) 245-5710 Ph. (616] 846-1960 ·-
Fax (616] 396-0100 Fax (616] 245-5725 Fax (616] 846-9655
Commission Meeting Date: April 23, 2002
Date: April 15, 2002
To: Honorable Mayor & City Commission
r LC,
From: Planning & Economic Development Department u.1
RE: Public Hearing Date for Seaway Business Park
LDFA Plan
SUMMARY OF REQUEST: To set the public hearing date 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 a public hearing be
set for May 14, 2002.
COMMITTEE RECOMMENDATION: The LDFA board will meet on April
22, 2002 to review the plan.
NOTICE OF PUBLIC HEARING
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
ON THE ADOPTION OF THE
DEVELOPMENT AND TAX INCREMENT FINANCING PLAN
FOR THE
SEAWAY BUSINESS PARK
DISTRICT 4 LOCAL DEVELOPMENT FINANCE AUTHORITY
TO ALL INTERESTED PERSONS:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan,
will hold a public hearing on Tuesday, the 14th day of May, 2002 at 5:30 o'clock, p.m., Eastern
Time, in the City Hall, 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a
resolution adopting the Development and Tax Increment Financing Plan for the Seaway Business
Park, District 4 Local Development Financing Authority pursuant to the, Local Development
Financing Authority Act, Act 281 of the Public Acts of Michigan of 1986, as amended.
The boundaries of the district within which the local development finance authority shall
exercise its powers are as follows:
That part of the Southeast¼ of the Northwest¼, Section 31, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, bounded by Park Street on the East, Hackley
Avenue on the South, Seaway Drive on the West, and Young Avenue on the North.
Maps, plats, and a description of the development plan, including the method of relocating
families and individuals who may be displaced from the area, are available for public inspection
at the office of the City Clerk, City Hall, 933 Terrace Street, Muskegon, MI. All aspects of the
Development Plan will be open for discussion at the public hearing.
At the public hearing, any taxing entity affected by the capture of tax increment revenue and any
interested persons desiring to address the City Commission shall be afforded the opportunity.
Written comments may be filed at any time before or during the hearing with the City Clerk, and
shall be received and considered before and at the hearing.
FURTHER INFORMATION may be obtained from the City Manager at (231) 724-6724.
This notice given by the order of the City Commission of the City of Muskegon, Michigan.
Clerk, City of Muskegon
Publish - two times, once on April 24th, in the Muskegon Chronicle, being 20 days before the
hearing, and again on a date before the hearing.
Mail to all taxing jurisdictions.
Retain affidavits of mailing and publishing.
SeawayLDFA
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Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
Roberts Street, Keating to Laketon
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the milling & resurfacing of Roberts
Street from Keating to Laketon and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT participation is about $79,600 but not to exceed 81.85% of eligible cost. The
estimated total (including engineering) cost of the project is $120,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2002- 5 1 ( i )
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF ROBERTS FROM KEATING TO LAKETON TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Vice Mayor Bui e and supported by
Commissioner · She Qhe rd that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 02-5121 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 02-5121 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 23rd day of April , 2002.
ATTEST L 0, 4
Gail A. Kundinger, City Clerk
CERTIFI CATI ON
This resolution was adopted at a meeting of the City' Commission, held on
April 23 , 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.
STATE OF MICHIGAN
JOHN ENGLER DEPARTMENT OF TRANSPORTATION GREGORY J. ROSINE
GOVERNOR LANSING DIRECTOR
May 7, 2002
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon, Ml 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 02-5121
Control Section: STU 61407
Job Number: 49971
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~·~
Jackie Burch
Contract Processing Specialist
Design Division
Enclosure
cc: D. Needham, Design Division
A. Christensen, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.':.'ichfgan.gov • (517) 373-2090
LH-LAN-0(11/01)
, ___ ----- _!
STP DIR
Project . STP 0261(326)
c~J ·_c'.s. :l Job Number 49971
· "'-;'.=' i\11'1 Control Section STU 61407
Fed Item# HH316O
Contract No, 02-5121
PART I
. THIS CO~RAC!, consisting of PART 2;ffl}2 PART II (Standard Agreement Provisions),
1Smadeandenteredmtothisdateof MAYO 7 · byandbetweentheMICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated March 21, 2002, attached hereto
and made a part hereof:
Roadway reconstruction work along Roberts Street from Keating Avenue northerly to
Laketon A venue; including pavement removal, aggregate base conditioning, bituminous
pavement, drainage structure adjustment, concrete curb and gutter, and pavement marking
work; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the. PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance ofthe PROJECT work and desire to set forth this understanding in the form of a written
contract.
09/06/90 STP.FOR 3/21/02 1
NOW, THEREFORE, in consideration of the premises and ofthe mutual undertakings ofthe
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and inspection
services necessary for the completiqn of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
09/06/90 STP.FOR 3/21/02 2
5. The PROJECT COST shall be met in part by contributions by the Federal
Government. Federal Surface Transportation Funds shall be applied to the eligible items of the
PROJECT COST at the established Federal participation ratio equal to 81.85 percent up to an
amount not to exceed $86,008. The balance of the PROJECT COST, after deduction of Federal
Funds, shall be charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt ofprogress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days ofreceipt ofbillings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which constru9tio11 is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.
09/06/90 STP.FOR 3/21/02 3
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost ofremediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
10. If, subsequent to execution ofthis contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT,shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damagesthat the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
09/06/90 STP.FOR 3/21/02 4
The providing ofrecommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3 .996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined inMCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3 .996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
16. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State : Transportation Commission, the
DEPARTMENT and its officials, agl)nts and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result ofbeing named as an insured
on the owners protective liability insurance policy.
09/06/90 STP.FOR 3/21/02 5
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
17. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be .
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
irector MDO'l'
By:_:,E~~--1.:~~~~~
Title: Gail
City
09/06/90 STP.FOR 3/21/02 6
March 21, 2002
EXHIBIT I
PROJECT STP 0261(326)
JOB NUMBER 49971
CONTROL SECTION STU61407
ESTIMATED COST
CONTRACTED WORK
Estimated Cost $97,300
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $97,300
Less Federal Funds* $79,600
BALANCE (REQUESTING PARTY'S SHARE) $17,700
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amount not to exceed $86,008.
NO DEPOSIT
09/06/90 STP.FOR 3/21/02 7
DOT TYPEB
BUREAU OF illGHWAYS
03-15-93
PART II
STAND ARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION ill ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
1
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 of the Code of Federal Regulations (CFR), and
all supplements and amendments thereto.
I. Engineering
a. FAPO (23 CFR 1400): Payroll & Related Expense of Public Employees;
General Administration and Other Overhead; and Cost Accumulation Centers
and Distribution Methods
b. F APO (60 I 2.1 ): Preliminary Engineering
c. F APO (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
d. F APO (23 CFR 635A): Contract Procedures
2. Construction
a. F APO (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. F APO (23 CFR 140B): Construction Engineering Costs
C. FAPG (23 CFR 1400): Reimbursement for Employment of Public
Employees on Federal-Aid Projects ,
d. F APO (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
e. FAPG (23 CFR 635A): Contract Pr~cedures
f. F APG (23 CFR 635B): Force Account Construction
g. F APG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
03-15-93 2
h. FAPG (23 CFR 64513): Accommodation of Utilities (PPM 30-4.1)
i. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CPR 1401): Reimbursement for Railroad Work
b. FAPG (23 CPR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CPR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally ,funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3 -
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEPARTMENT will advertise and award all contracted portions ofthe PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the.REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT. .
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm;
a railway company, or governmental agency, firm,
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements- will be covered by formal written agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined costcriteriasuchas49 CFRPart 18,48 CFRPart31,23 CFRPart 140, 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" F APO (23 CFR 172), which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no costto the PROJECT or the DEPARTMENT, shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals ofthe PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the J)EP ARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence. ·
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of a11 costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay direetly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party with
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION ID
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. The REQUESTING PARTY shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3) years
from the date of final payment of Federal Aid made by the DEPARTMENT under
this contract. In the event of a dispute with regard to the allowable expenses or any
other issue under this contract, the REQUESTING PARTY shall thereafter continue
to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date Qf the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond i._r1writing to the responsible Bureau or the
DEPARTMENTindicating whetherornodtconcurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
supply appropriate excerpts and make alternate arrangements to conveniently and
03-15-93 7
reasonably make that documentation available for review by the DEPARTMENT.
The RESPONSE shall refer to and apply the language of the contract. The
REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
(60) day period constitutes agreement with any disallowance of an item of expense
and authorizes the DEPARTMENT to finally disallow any items of questioned or no
opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. Ifthe DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUES'IJNG PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms ofl951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter .shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number( s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work - All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent F APG Directives and Guidelines qf the FHWA.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing". -
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies, the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings.. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a fjnal or end of fiscal year billing. Should
the DEPARTMENT detennine that the ·available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the contracted, and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
1. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment ', or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART IL If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall inunediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (10) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under tl)is contract and fmal audit by the
DEPARTMENT or the FHWA, the REQl!ESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT, The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within, ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and ·if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (I 00%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part ofthe project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual ofUniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to F APG (23 CFR 645B): Occupancy
ofnon-limited access right-of-way may be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
c. Cause to be enacted, maintained and;enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, ifrequired.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the- PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14-
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (] 0th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department ofTraµsportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B ", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of1976, the contractor hereby agrees notto discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tennre, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant pnhlished rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to theAdministrative'Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of snch
possible remedy and shall be given the option by the Civil Rights Commission to participate in snch proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or pnrchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard t<i the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix·
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements ofmaterials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information. ·
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the ~ont~act, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, oris threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.s:c. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, na,tional origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Commission Meeting Date: April 23, 2002
Date: April 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c0/:.,;
RE: Grant Request- Michigan Council for Arts and
Cultural Affairs/Muskegon County Museum
SUMMARY OF REQUEST: To authorize a grant request to the
Michigan Council for Arts and Cultural Affairs (MCACA) on behalf of the
Muskegon County Museum in the amount of $100,000. The request is
for the renovation of the Zemke House on Clay Avenue.
FINANCIAL IMPACT: None. Match requirements and other funding will
come from the Muskegon County Museum.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None.
Michigan Department of History Arts and Libraries
Michigan Council for Arts and Cultural Affairs
P.O. Box 30706
Lansing, MI 48909
Capital Improvements Program
CERTIFICATION OF MATCHING FUNDS
Fiscal Year 2003
Amount of Grant Funds requested for fiscal year 2003:
$100,000
Amount of matching funds for fiscal year 2003 (indicate the amounts, types, and sources of all matching funds)
Source ..................,-------········"·· Amount
Local Funds
Cash ,..................................................................... $ 134,420
State Funds ........................................................... $ _O_ _ __
In-Kind ................................................................. $ 20,000
Total ...................................................................... $ 154,420
ertification:
do hereby certify that the above amount of loca] matching funds is accurate and represents the best estimate of funds which are
urrently, or will become available before the start of the grant, to the Capital Improvements Program for Fiscal Year 2003.
Mayor City of Muskegon
Title of Authorized ·official (print or type)
4/23/2002
Date
. . '
President of.the Board MCM -·
TitleofAutho~d officuil'(print or type).
• • • < -,· - •• _ - , . ' •• .-
4/21/2002
D8.te
NOTE: This form must be completed and signed by County,
City, township, or village representative!!
Rev. 10/29/01
Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: First Quarter 2002 Budget Reforecast
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2002
Budget Reforecast which outlines proposed changes to the original budget that have come
about as result of changes in policy priorities, labor contracts, updated information, or other
factors. For the next meeting, an action item will be placed on the agenda for adoption of the
proposed first quarter budget reforecast together with any additional changes deemed
necessary by Commissioners.
FINANCIAL IMPACT: Not surprisingly, the first quarter 2002 Budget Reforecast
reflects a falloff in expected general fund revenues due to the economy. Significant
adjustments have been made in the areas of city income tax, state shared revenues and
interest income. Helping offset these losses are stronger than expected building permit
revenues and income tax penalties.
General fund expenditures are expected to be slightly less than originally anticipated. This is
due primarily to: 1) the elimination of the Community Center Design capital item based on
recent Commission goal prioritization and, 2) the elimination of the scheduled Budget
Stabilization fund transfer because the City was able to fund this item in 2001. Offsetting
these positives, however, are higher than anticipated insurance and legal service costs. Also,
on a positive note, we're pleased to report that healthcare costs will remain within budget
expectations based on the recent selection of Priority Health.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast
to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will
request formal approval of the Reforecast and related budget amendments.
COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
9/18/97
CITY OF MUSKEGON
GENERAL FUND
HISTORICAL SUMMARY
Revenues & Expenditures & Fund Balance
Year Transfers In Transfers Out at YearMEnd
1992 $ 11,297,076 $ 11,282,444 $ 1,538,372
1993 13,990,266 13,231,208 2,297,430
1994 15,301,973 15,572,689 2,026,714
1995 16,633,179 16,337,586 2,322,307
1996 17,666,214 18,018,159 1,970,362
1997 20,437,646 20,358,321 2,049,687
1998 21,643,855 21,634,467 2,059,075
1999 21,451,681 22,011,881 1,498,875
2000 23,685,516 22,232,657 2,951,734
2001 23,446,611 23,235,978 3,162,367
Fiscal 2002 Budget Summary
FUND BALANCE AT START OF YEAR $ 3 162 367
MEANS OF FINANCING:
Taxes 13,237,426 56.5%
Licenses and Permits 1,016,500 4.3%
Federal Grants 208,705 0.9%
State Grants 73,269 0.3%
State Shared Revenue 5,502,601 23.5%
Other Charges 2,014,543 8.6%
Interest & Rentals 488,043 2.1%
Fines and Fees 357,200 1.5%
Other Revenue 366,435 1.6%
Other Financing Sources 177,400 0.8%
23,442,122 100.0%
ESTIMATED REQUIREMENTS:
Customer Value Added Activities 17,411,032 70.7%
Business Value Added Activities 4,129,684 16.8%
Fixed Budget Items 3 081 743 12.5%
24,622,460 100.0%
ESTIMATED FUND BALANCE AT END OF YEAR $ 1 aa, Q,~
OPERATING SURPLUS (DEFICIT) $ (1,180,338)
TARGET FUND BALANCE (10% PY EXPENDITURES) $ 2,323,598
ESTIMATED EXCESS (SHORTFALL) vs. TARGET $ (341,569)
City of Muskegon
1st Quarter Budget Reforecast • General Fund
General Fund Revenue Summary By Source
%Change
Original Budget Actual Thru Revised Budget Change From From 2002
Actual 2000 Actual 2001 Estimate 2002 March 2002 Estimate 2002 2002 Original Original Comments
Available Fund Balance - BOY $ 2,059,875 $ 2,951,735 $ 3,124,987 $ 3,162,368 $ 3,162,368 $ 37,381
Taxes
City income tax $ 7,078,571 $ 6,820,171 $ 6,850,000 $ 1,641,480 $ 6,650,000 $ (200,000) -2.92% ECONOMIC SLOWDOWN
Property taxes - general 3,686,780 3,940,343 4,219,038 4,219,038 0.00%
Property taxes - sanitation 1,630,491 1,670,955 1,808,160 1,808,160 0.00%
Property taxes - pass-thru from LDFA II 103,000 103,000 0.00''/o
Industrial facilities taxes 362,676 353,742 367,228 367,228 0.00%
Payments in lieu of taxes 69,148 75,758 80,000 80,000 0.00%
Delinguent chargeback collected 3,769 17,514 10,000 5,548 10,000 0.00%
$ 12,831,435 $ 12,878.483 $ 13,437,426 $ 1,647,028 $ 13,237.426 $ (200,000} -1.49%
Licenses and permits
Business licenses $ 32,363 $ 31,239 $ 37,500 $ 3,370 $ 37,500 $ 0.00%
Liquor licenses 35,511 36,427 37,500 6,110 37,500 0.00%
Cable TV franchise fees 327,004 204,820 250,000 250,000 0.00%
Housing licenses 62,965 66,126 75,000 16,590 75,000 0.00%
Burial permits 104,160 98,735 100,000 23,628 100,000 0.00%
Building permits 368,333 333,798 250,000 102,408 300,000 50,000 20.00% STRONG ACTIVITY
Electrical permits 87,692 127,055 75,000 26,308 100,000 25,000 33.33% STRONG ACTIVITY
Plumbing permits 45,147 48,863 45,000 9,814 45,000 0.00%
Heating permits 62,847 65,495 70,000 16,230 70,000 0.00%
Franchise fees 1,100 1,000 1,000 0.00%
Police gun registration 1,879 2,040 325 500 500 0.00%
$ 1,129,001 $ 1,014,598 $ 941,000 $ 204,783 $ 1,016,500 $ 75,50_0_ _ ,!}_.02%
Federal grants
Fed~_i:al oeerational grant $ 522,111 $ 417,925 $ 208,705 $ 2,289 $ 208,705 $ 0.00%
$ 522,111 $ 417,925 $ 208,705 $ 2,289 $ 208,705 $ 0.00%
State grants
State oeerational grant $ $ 17,569 $ 73,269 $ $ 73,269 $ 0.00%
$ $ 17,569 $ 73,269 $ $ 73,269 $ 0.00%
State shared revenue
State sale§ tax $ 5,486,712 $ 5,748,523 $ 5,750,000 $ $ 5,502,601 $ (247,399} -4.30% MOST R!;Q!;N_T FIGURES FROM STATE
$ 5,486,712 $ 5,748,523 $ 5,750,000 $ $ 5,502,601 $ (247,399} -4.30"(~_
City of Muskegon
1st Quarter Budget Reforecast - General Fund
General Fund Revenue Summary By Source
% Change
Original Budget Actual Thru Revised Budget Change From From 2002
Actual 2000 Actual2001 Estimate 2002 March 2002 Estimate 2002 2002 Original Original Comments
Other charges for sales and services
Tax administration fees $ 224,399 $ 232,349 $ 250,000 $ $ 250,000 $ 0.00%
Utility administration fees 166,032 175,215 174,965 43,741 174,965 0.00%
Reimbursement for elections 30,568 20,534 12,000 12,000 0.00%
Indirect cost reimbursement 925,008 908,256 941,778 223,020 941,778 0.00%
Site-plan review fee 1,800 895 1,000 226 1,000 0.00%
Sale of cemetery lots 24,269 25,275 18,000 3,933 18,000 0.00%
Sale of columbarium niches 1,325 1,000 1,000 0.00%
Sale of Harbortown dockominiums 0.00%
Police miscellaneous 67,711 48,873 65,000 7,543 65,000 0.00%
Police impound fees 38,576 37,781 45,000 9,005 45,000 0.00%
Landlord's alert fee 1,630 1,800 1,465 1,800 0.00%
Fire protection-state property 83,093 82,087 85,000 85,000 0.00%
Zoning fees 9,325 13,915 10,000 2,470 10,000 0.00%
Clerk fees 2,586 1,391 5,000 287 5,000 0.00%
Clerk - passport fees 7,500 7,500 0.00%
IFT application fees 9,917 4,944 2,500 2,500 0.00%
Treasurer fees 26,934 33,708 22,000 1,935 22,000 0.00%
False alarm fees 16,439 18,806 10,000 150 10,000 0.00%
Miscellaneous cemetery income 21,224 24,118 21,000 2,986 21,000 0.00%
Housing commission reimbursement 23,503 0.00%
Senior transit program fees 8,261 7,986 8,000 1,309 8,000 0.00%
Fire misce!laneous 25,798 9,012 25,000 227 25,000 0.00%
Sanitation stickers 43,280 42,355 38,000 7,026 38,000 0.00%
Lot cleanup fees 96,998 74,584 70,000 14,024 70,000 0.00%
Reimbursements for mowings and demolitions 107,400 75,099 70,000 1,272 70,000 0.00%
Recreation 2rogram fees 138,866 133,183 130,000 17,598 130,000 0.00%
$ 2,093,312 $ 1,971,996 s 2,014,543 $ 338,217 $ 2,014,543 $ 0.00%
Interest and rental income
Interest
Flea market
$ 411,444 $ 331,923 $ 400,000 s 18,300 $ 290,000 $ (110,000) -27.50% INTEREST RATES ARE EXTREMELY LOW
25,269 22,157 27,000 27,000 0.00%
Farmers market 22,040 26,475 23,000 23,000 0.00%
City right of way rental 6,400 6,400 4,400 2,400 4,400 0.00%
Parking ramp rentals 46,819 22,069 32,000 19,839 32,000 0.00%
Mall parking 25,000 25,000 0.00% PAYMENTS FOR USE OF MALL PARKING
McGraft park rentals 55,518 53,758 54,443 1,750 54,443 0.00%
Other 2ark rentals 31,919 28,081 32,200 8,071 32,200 0.00%
$ 599,409 $ 490,863 $ 573,043 $ 50,360 $ 488,043 $ {85,000} -1~.83%
City of Muskegon
1st Quarter Budget Reforecast - General Fund
General Fund Revenue Summary By Source
% Change
Original Budget Actual Thru Revised Budget Change From From 2002
Actual 2000 Actual 2001 Estimate 2002 March 2002 Estimate 2002 2002 Original Original Comments
Fines and fees
Income tax - penalty and interest $ 70,290 $ 95,916 $ 65,000 $ 33,824 $ 100,000 $ 35,000 53.85% AGGRESSIVE ENFORCEMENT; AUTO BILLlN(
Late fees on current taxes 40,167 27,220 15,000 15,000 0.00%
Interest on late invoices 329 730 1,200 1,200 0.00%
Civil infraction fines 0.00%
Property transfer affidavit fines 6,400 1,900 1,000 1,000 0.00%
Parking fines 41,829 74,056 80,000 18,575 80,000 0.00%
Courtfi_!l?L 179,662 150,735 160,000 29,281 160,000 0.00%
$ 338,677 $ 350,557 $ 322,200 $ 81,680 $ 357,200 $ 35,000 10.86%
Other revenue
Sale of land and assets $ 350 $ $ 3,000 $ $ 3,000 $ 0.00%
Police sale and auction proceeds 3,214 3,706 4,000 4,000 0.00%
CDBG program reimbursements 391,573 322,587 280,000 317,435 37,435 13.37%
Contributions 68,993 33,592 11,000 1,075 11,000 0.00%
Muskegon County Community Foundation 7,000 7,000 0.00%
Miscellaneous reimbursements 4,000 4,000 0.00%
MiscellaneO!!_l;; __?r1d_ sund!:}:'. 13,093 17,755 20,000 3,698 20,000 0.00%
$ 477,223 $ 377,640 $ 329,000 $ 4,773 $ 366,435 $ 37,435 11.38%
Other financing sources
Operating transfers in
Cemetery Perpetual Care 63,858 67,373 70,000 $ 70,000 0.00%
Criminal Forfeitures Fund 75,000 60,000 75,000 75,000 0.00%
Police Training Fund 36,286 31,142 15,000 15,000 0.00%
DOA for Administration 30,000 10,000 10,000 2,500 10,000 0.00%
Reese Playfield Fund 1,827 4,333 1,800 1,800 0.00%
RLF for Administration 5,000 5,000 1,250 5,000 0.00%
Hackley Park Improvement Fund 51 0.00%
Hackley Park M~l!IOrial Fund 614 609 600 600 0.00%
$ 207,636 $ 178,457 $ 177,400 $ 3,750 $ 177,400 $ 0.00%
Total general fund revenues and
other sources $ 23,685,516 $ 23,446,611 $ 23,826,586 $ 2,332,880 $ 23,442,122 $ (384,464) ~1.61%
City of Muskegon
1st Quarter Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Actual As
Original Budget Actual Thru ¾of Revised Change From
Actual 2000 Actual 2001 Estimate 2002 March 2002 Revised Estimate 2002 200120riginal Comments
I. Customer Value Added Activities
40301 Police Department
5100 Salaries & Benefits s 5,825,308 s 5,803,534 $ 6,213,479 $ 1,236,564 20% $ 6,193,479 $ (20,000) VACANCY SAVINGS
5200 Operating Supplies 159,537 154,660 136,994 25,305 18% 136,994
5300 Contractual SeNices 953,985 951,902 892,201 245,783 28% 892,201
5400 Other Expenses 54,242 54,675 31,621 22,977 45% 51,621 20,000 TWO NEW OFFICERS IN POLICE ACADEMY
5700 Capital Outlays 207,553 87,593 68,219 4,496 7% 68,219
590Q_ Other Financing Uses NIA
$ 7,200,625 $ 7,052,364 $ 7,342,514 $ 1,535,125 21% $ 7,342,514 $
$ 7,200,625 $ 7,052,364 $ 7,342,514 s 1,535,125 21% $ 7,342,514 $
50336 Fire Department
5100 Salaries & Benefits $ 2,708,005 $ 2,930,180 $ 2,942,864 s 673,304 23% $ 2,942,864 $
5200 Operating Supplies 97,561 92,307 100,000 17,261 17% 100,000
5300 Contractual SeNices 133,101 149,605 150,000 25,052 17% 150,000
5400 Other Expenses 10,051 12,785 20,000 5,224 26% 20,000
5700 Capital Outlays 38,636 32,714 31,993 11,610 36% 31,993
5900 Other Financing Uses NIA
$ 2,987,354 $ 3,217,591 $ 3,244,857 s 732,451 23% $ 3,244,857 s
50387 Fire Safety Inspections
5100 Salaries & Benefits 623,329 579,330
5200
5300
Operating Supplies
Contractual SeNices
$
17,135
247,418
$
25,077
232,848
$ 596,927
32,500
270,111
' 124,371
3,923
64,703
20% $
12%
24%
611,927
32,500
270,111
$ 15,000 PLUMBING/MECHANICAL INSPECTOR INCREASE
5400 Other Expenses 11,070 8,109 15,000 1,533 10¾ 15,000
5700 Gapital Outlays 9,838 15,215 6,500 227 3% 6,500
5900 Other F!D.clrl(:irig l)~~- NIA
$ 908,790 $ 860,579 $ 921.Q38 $ 194,757 21¾ $ 936,038 $ 15,000
$ 3,896,144 $ 4,078,170 $ 4,165,895 $ 927,208 22% S 4,180,895 $ 15,000
60523 General Sanitation
5100 Salaries & Benefits $ 66,335 $ 67,901 $ 75,369 $ 12,977 17¾ S 75,369 $
5200 Operating Supplies 690 1,006 1,400 162 12¾ 1,400
5300 Contractual Ser\/lces 1,308,314 1,351,420 1,432,223 215,564 15% 1,432,223
5400 Other Expenses 83 5,000 0% 5,000
5700 Capital Outlays 24,360 24,847 50,000 0% 50,000
5900 Other Financin Uses NIA
$ 1,399,699 $ 1,445,257 $ 1,563,992 $ 228,703 15% S 1,563,992 $
60528 Recycling
5100 Salaries & Benefits $ $ $ N/A $ $
5200 Operating Supplies NIA
5300 Contractual Services 263,478 257,926 269,043 42,966 16% 269,043
5400 Other Expenses NIA
5700 Capital Outlays 3,305 1,500 0% 1,500
5900 Other Financin Uses NIA
$ 263.478 $ 261,231 s 270,543 $ 42,966 16% $ 270,543 $
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 20012Original Comments
60550 Stormwater Management
5100 Salaries & Benefits $ $ $ 64,260 $ 0% $ 64,260 $
5200 Operating Supplies 4,000 0% 4,000
5300 Contractual Services 62,665 14,960 24% 62,665
5400 Other Expenses 1,000 0% 1,000
5700 capital Outlays 5,000 0% 5,000
5900 Other Financin Uses NIA
$ $ $ 136,925 s 14,960 11% $ 136,925 s
60448 Streetlighting
5100 Salaries & Benefits $ 10,601 $ 11,387 s 8,329 s 1,856 22% S 8,329 s
5200 Operating Supplies NIA
5300 Contractual Services 507,599 504,551 530.450 85,338 16% 530,450
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financin Uses NIA
s 518,200 $ 515,938 s 538,779 $ 87,194 16% $ 538,779 $
60707 Senior Citizen Transit
5100 Salaries & Benefits s 44,554 s 44,925 $ 44,349 $ 9,411 21% $ 44,349 $
5200 Operating Supplies NIA
5300 Contractual Services 5,450 7,100 5,850 2,730 47% 5,850
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financin Uses NIA
$ 50,004 $ 52,025 $ 50 199 $ 12,141 24% $ 50,199 $
60446 Community Event Support
5100 Salaries & Benefits $ 113,420 $ 77.841 $ 82,903 $ 3,653 4% $ 82,903 $
5200 Operating Supplies 14,743 1,971 3,000 0% 3,000
5300 Contractual Services 45,757 31,071 15,000 71 0% 15,000
5400 Other Expenses NIA
5700 capital Outlays NIA
_§.@9___ Other Finarn::ing Uses NIA
$ 173,920 $ 110,883 s 100,903 s 3,724 4% $ 100,903 $
$ 2.405,301 $ 2,385,334 s 2,661,341 s 389,688 15% $ 2,661,341 $
70751 Parks Maintenance
5100 Salaries & Benefits s 410,877 s 470,749 $ 556,037 $ 89,623 16% S 556,037 s
5200 Operating Supplies 188,503 240,998 180,344 13,500 7% 180,344
5300 Contractual Services 509,593 596,720 491,277 69,241 14% 491,277
5400 Other Expenses 2,939 2,905 5,000 1,905 38% 5,000
5700 Gapital Outlays 53,703 75,959 75,000 30,553 41% 75,000
_§900 Other Fin_c1_~l.D..9...i,,15es NIA
$ 1,165,615 $ 1,387,331 $ 1,307,658 $ 204,822 16% $ 1,307,658 $
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 20012Original Comments
70757 Mc Graft Park Maintenance
5100 Salaries & Benefits $ 10,522 $ 5,030 $ 15,622 $ 725 5% S 15,622 s
5200 Operating Supplies 3,862 4,918 4,250 579 14% 4,250
5300 Contractual Services 43,985 42,488 23,700 1.429 6% 23,700
5400 Other Expenses 210 238 200 0% 200
5700 Capital Outlays 283 65 9,280 0% 9,280
5900 Other Financin Uses NIA
$ 58,862 $ 52,739 $ 53,052 $ 2,733 5% S 53,052 s
70775 General Recreation Programs
5100 Salaries & Benefits $ 117,149 $ 140,436 $ 182,701 $ 12,799 7% S 182,701 s
5200 Operating Supplies 31,912 43,244 33,000 12,190 37% 33,000
5300 Contractual Services 115,122 108,318 88,000 6,914 8% 88,000
5400 Other Expenses 2,969 4,068 3,786 944 25% 3,786
5700 Capital Outlays 4,344 288 NIA
5900 Other Financin Uses NIA
s 271,496 $ 296,354 $ 307,487 $ 32,847 11% S 307,487 s
70776 Inner City Recreation Programs
5100 Salaries & Benefits s 135,718 $ 142,997 $ 142,897 $ 21,592 15% $ 142,897 s
5200 Operating Supplies 10,781 8,172 18,730 346 2% 18,730
5300 Contractual Services 29,995 27,246 41,685 3,300 8% 41,685
5400 Other Expenses 2,896 5,184 3,000 704 23% 3,000
5700 Capital Outlays 95 NIA
5900 Other Financin Uses NIA
$ 179,390 $ 183,694 $ 206,312 $ 25,942 13% $ 206,312 $
70276 Cemeteries Maintenance
5100 Salaries & Benefits $ 184,070 s 185,819 $ 182,578 $ 40,199 22% $ 182,578 $
5200 Operating Supplles 13,440 21,908 25,000 259 1% 25,000
5300 Contractual Services 246,091 263,671 275,000 10,667 4% 275,000
5400 Other Expenses 568 1,199 1,000 100 10% 1,000
5700 capital Outlays 19,930 33,975 24,835 7,803 66% 11,835 (13,000) MOWER PURCHASE DEFERRED FOR HIGHER
5900 Other Financing Uses NIA THAN EXPECTED BLDG RENOVATION C_QSTS
$ 464.099 s 506,572 s 508,413 $ 59,028 12% $ 495,413 $ (13,000}
70585 Parking Operations
5100 Salaries & Benefits $ 13,182 $ 13,439 s 13,654 s 3,378 25% $ 13,654 $
5200 Operating Supplies 2,316 2,476 2,924 219 7% 2,924
5300 Contractual Services 27,501 32,854 35,000 9,139 13% 71,000 36,000 MALL PARKING LOTS
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financin Uses NIA
s 42,999 $ 48,769 $ 51,578 $ 12,736 15% $ 87,578 $ 36,000
70771 Forestry
5100 Salaries & Benefits $ 89,755 $ 86,584 $ 115,260 $ 16,764 15% $ 115,260 $
5200 Operating Supplies 9,852 9,831 9,800 1,001 10% 9,800
5300 Contractual Services 16,843 14,244 14,000 2,521 18% 14,000
5400 Other Expenses 818 1,309 1,700 303 18% 1,700
5700 Capital Outlays 3,207 2,101 3,000 (11) 0% 3,000
5900 Other FinanQ_n_g_ll_$_e,s_ NIA
$ 120,475 $ 114.069 $ 143,760 $ 20,578 14% $ 143,760 $
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 200120riginal Comments
70863 Farmers' Market & Flea Market
5100 Salaries & Benefits $ 27,185 $ 28,023 $ 32,331 s 3,080 10% $ 32,331 s
5200 Operating Supplies 591 860 1,000 0% 1,000
5300 Contractual Services 15,000 19,175 7,931 1,317 17% 7,931
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Fif'l_ancir,_g_l,)$_e,s__ NIA
$ 42,776 $ 48,058 $ 41,262 s 4,397 11% $ 41262 s
$ 2,345,712 $ 2,637,586 $ 2,619,522 s 363,083 14% $ 2,642,522 s 23,000
80799 Weed and Seed Program
5100 Salaries & Benefits $ $ $ $ N/A $ $
5200 Operating Supplies NIA
5300 Contractual Services 112 NIA
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financin Uses NIA
$ 112 $ $ $ NIA $ j
80387 Environmental Services
5100 Salaries & Benefits $ 150,456 $ 179,865 $ 182,793 $ 34,411 19% $ 182,793 $
5200 Operating Supplies 9,525 9,023 6,300 2,232 35% 6,300
5300 Contractual SeNices 265,250 244,510 170,000 25,072 15% 170,000
5400 Other Expenses 333 1,633 3,000 281 9% 3,000
5700 Capital Outlays 4,135 6,556 12,000 2,818 23% 12,000
5900 OthE!r..flnancing Uses NIA
$ 429,699 $ 441,587 $ 374,093 $ 64,814 17% S 374,093 $
$ 429,811 $ 441,587 $ 374,093 $ 64,814 17% $ 374,093 $
10875 Other~ Contributions to Outside Agencies
Muskegon Area Transit (MATS) $ 80,163 $ 80,163 $ 80,500 $ 20,041 $ 80,500
Neighborhood Association Grants 27,443 34,063 40,000 34,475 40,000
Muskegon Area First (Moved from Planning for 2002) 45,516 45,516
Veterans Memorial Day Costs 7,324 7,535 8,500 8,500
WMSRDC - Muskegon Area Plan (MAP) 6,151 6,151 6,151
Institute for Healing Racism 3,000 4,000 4,000 4,000
Muskegon Area Labor Management (MALMC) 1,000 1,000 1,000 1,000
Sister Clties' Youth Travel 1,000
SPCA/Humane Society - Feral Cat Control 6,000 20,000 14,000 CONTRACT WITH COUNTY
Other 4,000 4,000
_9ontributions To Outside Agencies $ 115,930 $ 132,912 $ 195,667 $ 58,516 28% S 209,667 $ 14,000
$ 115,930 $ 132,912 $ 195,667 $ 58,516 28% S 209,667 $ 14.000
Total Customer Value Added Activities $ 16,393,523 $ 16,727,953 $ 17,359,032 $ 3,338,434 19% S 17,411,032 $ 52,000
As a Percent of Total General Fund
Ex_e_enditures 73.7% 72.0% 70.4% 73.6% 70.7%
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 20012Original Comments
II. Business Value Added Activities
10101 City Commission
5100 Salaries & Benefits $ 56,917 $ 56,483 s 57,889 s 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 $ 113,296 $ 131,389 s 30,538 23% S 131,389 s
10102 City Promotions & Public Relations
5100 Salaries & Benefits $ $ $ s N/A S 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 $
10172 City Manager
5100 Salaries & Benefits $ 172,284 $ 168,180 $ 169,350 $ 39,075 23% $ 169,350 $
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 $ 174,035 $ 186,350 $ 40,698 22% $ 186,350 $
10145 City Attorney
5100 Salaries & Benefits $ $ $ $ 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
5909_ _ Other Financing Uses NIA
$ 384,681 s 458,572 $ 383,734 $ 94,931 22% $ 426,000 $ 42,266
$ 691,566 $ 770,466 $ 743,433 $ 169,731 22% $ 785,699 $ 42,266
20173 Administration
5100 Salaries & Benefits $ 137,659 $ 120,324 $ 122,783 $ 30,297 25% $ 122,783 $
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
59Q_0 Other Financing Uses NIA
$ 168,684 $ 146,704 $ 164,011 $ 32,653 20% $ 164,011 $
City of Muskegon
1st Quarter Budget Reforecast General Fund
N
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 20012Original Comments
20228 Affirmative Action
5100 Salaries & Benefits $ 69,370 $ 72,256 $ 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 OuUays 118 649 1,000 0% 1,000
5900 Other Financin Uses NIA
$ 75,129 s 79,290 $ 91,106 $ 18,872 21% $ 91,106 $
20744 Julia Hackley Internships
5100 Salaries & Benefits $ 7,482 s 10,692 $ 7,000 $ 0% $ 7,000 $
5200 Operating Supplies 718 NIA
5300 Contractual Services 711 NIA
5400 Other Expenses 20 NIA
5700 Capital OuUays NIA
5900 Other Financin Uses NIA
$ 8,911 $ 10,712 $ 7,000 $ 0% $ 7,000 $
20215 City Clerk & Elections
5100 Salaries & Benefits $ 218,883 $ 208,602 $ 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 OuUays 2,551 5,199 3,450 416 12% 3,450
5900 Other Financin Uses NIA
s 287,687 $ 287,722 $ 297,495 $ 60,025 20% S 297,495 s
20220 Civil Service
5100 Salaries & Benefits s 130,015 $ 132,405 $ 153,115 $ 33,668 22% S 153,115 s
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 Gapital Outlays 762 8,600 1,000 0% 1,000
590_0_ _ _ Other Financing Uses NIA
$ 219,242 $ 193,251 $ 197,480 $ 41,536 21% $ 197,480 $
s 759,653 $ 717,679 $ 757,092 $ 153,086 20% $ 757,092 $
30202 Finance Administration
5100 Salaries & Benefits s 259,785 $ 267,254 s 276,780 $ 69,984 25% $ 276,780 $
5200 Operating Supplies 9,334 9,554 9,900 1,930 19% 9,900
5300 Contractual Services 64,594 99,977 101,100 45,767 45% 101,100
5400 Other Expenses 2,385 2,348 2,700 106 4% 2,700
5700 Capital Outlays 4,586 2,085 3,000 1,766 59% 3,000
5900 Other Financin Uses NIA
$ 340,684 $ 381,218 s 393,480 s 119,553 30% $ 393,480 $
30209 Assessing Services
5100 Salaries & Benefits $ 5,013 $ 6,759 s 7,668 s 2,962 39% $ 7,668 $
5200 Operating Supplies NIA
5300 Contractual Services 340,213 367,367 396,754 0% 396,754
5400 Other Expenses 80 45 100 60 60% 100
5700 Capital Outlays NIA
5900 Q!_l}~r..fi.JJ?J'ICing Uses NIA
s 345,306 $ 374,171 $ 404,522 $ 3,022 1% $ 404,522 $
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 200120riginal Comments
30205 Income Tax Administration
5100 Salaries & Benefits 212,880 s 213,846 234,090 s 41,649 18% S s
5200
5300
Operating Supplies
Contractual Services
$
18,875
34,550
24,678
34,092
' 25,025
38,250
3,900
7,897
16%
21%
234,090
25,025
38,250
5400 Other Expenses 1,288 1,648 3,000 151 5% 3,000
5700 Capital Outlays 2,180 206 4,000 0% 4,000
5900 Other Financin Uses NIA
$ 269,773 $ 274,470 s 304,365 $ 53,597 18% $ 304,365 $
30253 City Treasurer
5100 Salaries & Benefits $ 251,881 $ 236,759 $ 272,699 $ 59,320 22% $ 272,699 $
5200 Operating Supplies 38,165 35,489 38,000 5,553 15% 38,000
5300 Contractual Services 55,546 49,210 34,130 4,543 13% 34,130
5400 Other Expenses 1,264 900 1,200 530 44% 1,200
5700 capital Outlays 7,298 4,281 3,900 6,162 158% 3,900
5900 Other Financin Uses NIA
$ 354,154 $ 326,639 $ 349,929 $ 76,108 22% $ 349,929 $
30248 Information Systems Administration
5100 Salaries & Benefits 167,381 182,403 237,076 21% $
5200
5300
Operating Supplies
Contractual Services
' 6,695
38,925
$
2,024
72,769
$
5,000
49,404
$ 50,739
734
4,788
15%
10%
237,076
5,000
49,404
$
5400 Other Expenses 10,689 12,457 9,268 256 3% 9,268
5700 Capital Outlays 52,283 53,828 47,195 11,442 24% 47,195
5900 Qther Financing uses NIA
s 275,973 $ 323,481 $ 347,943 $ 67,959 20% $ 347,943 s
$ 1,585,890 $ 1,679,979 $ 1,800,239 $ 320,239 18% $ 1.800,?~~ _i
60265 City Hall Maintenance
5100 Salaries & Benefits s 63,273 $ 64,853 $ 62,526 14,083 23% S 62,526
5200
5300
Operating Supplies
Contractual Services
11,926
184,471
12,457
214,595
14,650
190,000
' 2,712
31,931
19%
17%
14,650
190,000
'
5400 Other Expenses 395 598 500 0% 500
5700 Capital Outlays 3,422 253 12,996 1,277 10% 12,996
_§$9Q_ Other Financin Uses NIA
s 263,487 $ 292,756 $ 280,672 $ 50,003 18% $ 280,672 $
s 263,487 $ 292,756 $ 280,672 s 50,003 18% $ 280,672 $
80400 Planning, Zoning and Economic Development
5100 Salaries & Benefits s 395,554 $ 387,005 $ 427,548 $ 81,553 19% $ 427,548 $
5200 Operating Supplies 16,283 19,455 15,700 1,777 11% 15,700
5300 Contractual Services 78,924 87,314 50,734 23,478 46% 50,734
5400 Other Expenses 7,746 9,751 9,000 1,939 22% 9,000
5700 Capital Outlays 3,018 3,644 3,000 1,891 63% 3,000
5900 Other Financin Uses NIA
507,169
$
$
501 525
501,525 '' 507,169
$
$
505 982
505,982
$
$
110,638
110,638
22% $
22% $
505,982
505,982
$
$
Total Business Value Added Activities $ 3,802,121 $ 3,968,049 $ 4,087,418 $ 803,697 19% $ 4,129,684 $ 42,266
As a Percent of Total General Fund
Ex_e_enditures 17.1% 17.1% 16.6% 17.7% 16.8%
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 200120riginal Comments
II. Fixed Budget Items
30999 Transfers To Other Funds
Major Street Fund $ $ $ 200,000 $ 50,000 25% S 200,000 $
Local Street Fund 620,000 820,000 850,000 212,500 25% 850,000
Budget Stabilization Fund 250,000 100,000 N/A (100,000} FULLY FUNDED !N 2001
L.C. Walker Arena Fund (Operating Subsidy) 346,000 301,000 271,837 67,959 25% 271,837
Publlc Improvement Fund (Fire Equipment ReseNe) 220,000 150,000 150,000 37,500 25% 150,000
State Grants Fund (Beachwood Park Grant Match) 105,000 0% 105,000
MOD State Rehab loan Fund 22,810 N/A
TIFA Debt SeNice Fund N/A
Ir_e_e__R_eplacement 2,723 N/A
$ 1,211,533 s 1,521,000 $ 1,676,837 $ 367,959 23% $ 1,576,837 $ (100,000)
30851 General Insurance s 249,757 s 236,222 s 242,000 $ 0% $ 295,000 $ 53,000 HIGHER COSTS DUE TO POOR EXPERIENCE
30906 Debt Retirement 407,835 375,101 209,406 7,097 3% 209,406
10891 Contingency and Bad Debt Expense 142,954 268,110 400,000 2,907 1% 400,000
90000 Major Capital Improvements 24,934 139,543 670,000 18,578 3% 600,500 (69,500) SEE CAPITAL IMPROVEMENTS DETAIL
Total Fixed~Budget Items $ 2,037,013 s 2,539,976 s 3,198,243 $ 396,541 13% $ 3,081,743 s (116,500)
As a Percent of Total General Fund
Expenditures 9.2% 10.9% 13.0% 8.7% 12.5%
Total General Fund S 22,232,657 s 23,235,978 S 24,644,694 $ 4,538,672 18% $ 24,622.460 s (22,234)
Recap: Total General Fund By Expenditure Object
5100 Salaries & Benefits $ 12,678,843 s 12,895,861 S 13,789,267 $ 2,785,261 20% $ 13,784,267 s (5,000)
5200 Operating Supplies 719,038 790,815 733,017 100,093 14% 733,017
5300 Contractual SeNices 6,559,992 6,991,218 7,029,865 1,135,400 16% 7,175,131 145,266
5400 Other Expenses 185,789 159,350 162,934 43,440 24% 182,934 20,000
5700 Capital Outlays 469,627 502,633 1,043,368 99,422 10% 960,868 (82,500)
5900 All Other Financing Uses 1,619,368 1,896,101 1,886,243 375,056 21% 1,786,243 {100,000)
Total General Fund $ 22,232,657 S 23,235,978 S 24,644,694 $ 4,538,672 18% $ 24,622,460 $ 1?2,234)
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thn., March Actual As% Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Esbmate 2002 Revised Comments
202 Major Streets and State Trunklines Fund
Available Fund Balance - BOY s 3,585,170 $ 2,989,718 s 1,726,109 s I 2,361,992 635,883 I
Revenues
2,361,992
' 1,593,043
Special assessments s 221,610 $ s s I 200,000 I
'
228,652 200,000 200,000 0.00%
Federal grants 3,154,271 3,331,781 586,000 586,000 586,000 0.00% LAKETON ST/ROBERTS ST/SEAWAY IND PARK PROJECTS
State grants 186,000 6,060.000 6,060,000 6,060,000 0.00% SHORELINE DR ($5.8 MIL)IBLACK CREEK/SOUTHERN PROJECTS
State shared revenue 2,590,185 2,513,944 2,865,941 194,568 2,865,941 2,865,941 0.00%
Interest income 214,103 159,976 60,000 12,239 60,000 60,000 0.00%
Operating transfers in 200,000 50,000 200,000 200,000 0.00% GENERAL FUND TRANSFER
Other 514 262 283 125 75,000 4,754 75,000 75,000 0.00%
s 6,694,431 $ 6 703 478 s 10,046,941 $ I 10,046,941
80900 Operating Expenditures
261 561
' $ 10,046 941 0.00%
5100 Salaries & Benefits s 649,222 $ 596,655 s 873257 $ 166.740 19% I 873,257 s I 873,257 0,00%
5200 Operating Supplies 105,439 195,361 166,200 58,255 35% 166200 166,200 0.00%
5300 Contractual Services 915,522 894,483 762,970 212,661 28% 762,970 762,970 0.00%
5400 Other Expenses 5,545 5,589 4,000 450 11% 4,000 4,000 0.00%
5700 Capital Outlays 1,635 NIA 0.00%
5900 Other Financing Uses 905,964 610,523 626463 0% 626.463 626,463 0.00% OE6T SERVICE
s 2,581,692 $ 2,304,246 s 2.432,890 $ 438.106 18% I 2.432 890 s $ 2,432,l;l~Q_ __ _Q,QQ'lli_
90000 Project Expenditures
5200 Operating Supplies $ $ s $ NIA
5300
5700
Contractual Services
Capital~
4,708,191 5,026,958 8,755,000 78,932 1%
NIA
$
8,383,000 ' (372,000}
$
8,755,000
0.00%
4.44%
0,00%
SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
s 4 708191 $ 5,026,958 s
s 7289,883 $ 7,331,204 's 8 755 000
11,187,890
$
$
78.932
517,038
1%
5%
$
I
8,383,000
10,815,890
(372.000) S
$
8,755,000
11,187,890
4.44%
3.44%
Av_ailable Fund Balance. EOY s 2,989,718 $ 2,361,992 585,160 s 2,106,515
' $ 1,593,043 $ 1.007,883 $ 452,094
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual A:; % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
203 Local Streets Fund
Available Fund Balance. BOY $ 176 $ 122,966 s 319,647 $ 156,747 $ 156,747 $ (162,900) $ 319,647
Revenues
Special assessments $ 76,570 s 120,108 s 75,000 $ s 75,000 $ $ 75,000 0.00%
Federal grants 31,073 30,000 30,000 30,000 0,00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
State grants 48,467 24,000 100,000 100,000 100,000 0.00% SHORELINE DRIVE
State shared revenue 639,505 645,381 666,663 53,542 666,663 666,663 0.00%
Interest income 11,210 12,845 10,000 312 10,000 10,000 0.00%
Operating transfers in 870,000 820,000 850,000 212,500 850,000 850,000 0.00% GENERAL FUND TRANSFER
Other 20,082 764 20,000 180 20,000 20,000 0.00%
s s $ 266,534 s $
60900 Operating Expenditures
1,696.907 1,623.098 1 751 663 1 751 663
' 1 751 663 0,00%
5100 Salaries & Benefits 437,738 s 431,139 427,175
5200
5300
Operating Supplies
Contractual Services
$
107,551
589,182
112,034
508,360
' 84,000
582,956
$ 128.075
28,575
149,757
30%
34%
26%
$ 427,175
'4,000
582,956
' $ 427,175
84,000
582,956
0.00%
0.00%
0.00%
5400 Other Expenses 2,236 1,695 1,000 (398) --40% 1,000 1,000 0.00%
5700 Capital Ottllays NIA 0.00%
5900 Other Financi!}g Uses 63,143 NIA 0.00%
s $ s
90000 Project E>.penditures
1.199.850 1.053J28 $ 1095131 306 009 28% $ 1 095,131
' 1095131 0.00%
5200 Operating Supplies $ s $ $ NIA $ s s 0.00%
5300 Contractual Services 374,267 536,089 870,000 149,776 20% 756,000 {114 000) 870,000 15.08% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR_DETAIL
s 374.267 s 536 089 $ 870,000 s 149 776 20% $ 756.000 s {114 000) S 870,000 15.08%
1,574,117 1,589,317 1 851,131 s 1,965,131
Available Fund Balariee - EOY
's 122,966
' 156,747
$ 1 965131
106,179
$ 455 785 25% $
57,279 106,179
6.16%
' $ $ (32,504) $ $ (48,900) $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revtsed Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
230 Enterprise Community Fund
Available Fund Balance. BOY $ $ $ s $ s
Revenues
Special assessments $ $ $ s $ $ s 0.00%
Federal grants 633 85.494 180,000 180,000 180,000 0.00%
State shared revenue 0.00%
Charges for services 0.00%
Interest income 0.00%
Operating transfers in 0.00%
Other 0.00%
633 $ 85.494 s 180.000 s s 180 000 $ s 180,000 0.00%
60900 Operating Expenditures
5100 Salaries & Benefits $ $ s $ NIA s $ s 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services 633 85.494 180,000 1.439 1% 180,000 180,000 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outjays NIA 0.00%
5900 ---- Other Financi u,~ NIA 0.00%
633 $ 85.494 s 180 000 $ 1 439 1% s 180,000 $ $ 180 000 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ s $ NIA s $ $ 0.00%
5300 Contractual Services NIA 0.00%
$ $ s $ NIA $ $ $ 0.00%
$ 633 $ 85.494 s 180,000 $ 1.439 1% s 180.000 $ 180.000 0.00%
Available Fund Balance. EOY $ $ s $ 1.439 s $ $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual As% Revised Estimate Change From Origin;;il Budget From 2001
Actual 2000 Acltial2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
254 LC. Walker Arena Fund
Available Fund Balance. BOY $ 3A26 $ 3.861 $ 17,945 $ 19,133 $ 19,133 $ 1,188 $ 17,945
Revenues
Special assessments $ $ $ $ $ $ $ 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%
Opera~ng transfers in 346,000 301,000 271,837 67.959 271,837 271,837 0.00% GENERAL FUND TRANSFER- OPERATING SUBSIDY
Other 3,848 520 5,000 5 000 5.000 0.00%
$ 855101 $ 862 969 $ 867 337 $ 330,365 $ 867 337 $ $ 867 337 0.00%
70805 Operating Expenditures
5100 Salaries & Benefits $ 11,120 $ 11,543 $ 11,837 $ 3,067 26% $ 11,837 $ $ 11,837 0,00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services 842,086 835,912 870,000 240,553 28% 870,000 870,000 0.00%
5'00 Other Expenses NIA 0.00%
5700 Capital Outlays 1,460 2'2 NIA 0.00%
5900 Other Financin Uses NIA 0.00%
854,666 $ 847 697 $ 881 837 $ 243,620 28% $ 881,837 $ $ 881,fl37 ---- Q.00%
90000 Project Expenditures
5200 Operatjng Supplies $ $ $ $ NIA $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
$ $ $ NIA s $ $ 0.00%
854 666 $ 847,697 $ 881 837 $ 243,620 28% s 881.837 $ 881,837 0.00%
s
Available Fund Balance. EOY $ 3,861 $ 19,133 $ 3,445 $ 105,878 4,633 $ 1,188
' 3,445
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Bucl{iet 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
403 Sidewalk Improvement Fund
Available Fund Bala nee· BOY s 63,295 $ 613,738 $ 41,325 $ (95,006) $ (95,006) $ (136,331) $ 4(325
Revenues
Special assessments s 459,927 $ 239,318 $ 500,000 $ $ 500,000 $ $ 500,000 0,00%
Federal grants 0.00%
State shared revenue 0.00%
Charges for seNices 0.00%
Interest income 39,198 60,374 20,000 425 20,000 20,000 0,00%
Operating transfers in 97,219 100,000 100,000 100,000 0.00%
Other 826,066 800,000 800,000 800,000 0.00% PROPOSED ISSUANCE OF SIDEWALK ASSESSMENT BONDS
s 1.422.412 $ 299,692 $ 1.420,000 $ 425 $ 1.420,000 s s 1.420,000 0.00%
30906 Operating Expenditures
5100 Salaries & Benefits s $ s s NIA s s s 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outja}'S NIA 0.00%
5900 Other Financi!J9 Uses 143.014 373.443 401.612 0% 401.612 401.612 0.00% DEBT SERVICE
$ 143.014 $ 373.443 s 401.612 s 0% s 401 612 $ $ 401.612 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ s s NIA s $ $ 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%
_§_900 Other Financin Uses 154.405 NIA 0.00%
s 728955 $ 634 993 s 600.000 $ 4.781 2% $ 300,000 $ {300,000) $ 600,000 100.00%
s 871.969 $ 1 008436 s $ $ 701 612 $ 1 001 612 42.76%
Available Fun~a!anee. EOY s 613.738 $ (95.006) S
1.001.612
459.713 $
4.781
(99,362)
" $ 623,382 $ 163,669 $ 459.713
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
404 Public Improvement Fund
Available Fund Balance" BOY $ 1,354,812 $ 421,441 $ 1.400,338 $ 1,564,898 $ 1,564,898 $ 164,560 $ 1.400,338
Revenues
Special assessments $ $ s s $ $ $ 0.00%
Property taxes 0.00%
Federal grants 295,200 26,450 295,200 295,200 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
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 8,600 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%
s 455 071 s 1 790 006 $ 570,200 $ 93,058 $ 570,200 s $ 570.200 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits $ s $ $ NIA $ s $ 0.00%
5200 Operating Supplies NIA 0.00'/4
5300 Contractual Services 26,450 NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Outlays NIA 0.00%
5900 Other Financlo9. Uses 105,000 NIA 0.00%
105,000 $ s s 26 450 NIA $ $ $ 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ $ s 0.00%
5300 Contractual Services 696,960 53,375 3,144 NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 CaQital Outla~ 586,482 593.174 224,000 61 852 28% 224,000 224000 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
1,283,442 $ 646,549 $ 224,000 $ 64,996 29% s 224,000 $ s 224,000 0.00%
1,388,442 s 546549 $ 224,000 $ 91446 41% s 224,000 $ 224,000 0.00%
Available Fund Balance. EOY s 421,441 $ 1,564,898 $ 1,746,538 $ 1,566.510 $ 1,911,098 s 154,560 $ 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 From 2001
Actual 2000 Actual 2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
474 Coastal Zone Management Fund
$ 2,627 s 2,627 2,627 s
' '
Available Fund Balance - BOY $ (2,627) $
Revenues
Special assessments s s $ s
State grants
Federal grants 23,480
' ' ' 0.00%
0.00%
0.00%
Sales of Property 0.00%
Interest income 0.00%
Operating transfers in 20,853 0.00%
Other 0.00%
s 44,333 $ $ $ $ $ 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits s $ NIA $
'
$ $ $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
5400 Other Expenses NIA 0.00%
5700 Capital Ou~ays NIA 0.00%
~ __Q)h~r Financi Uses NIA 0.00%
s $ NIA
90000 Project Expenditures
' $ $ $ 0.00%
$200 s s $
'
Operating Supplies NIA $ $ $ 0.00%
$300 Contractual Services 46,960 3,143 NIA 0.00%
5700 Ca ital Outla NIA 0.00% SEE "BUDG~E;_Q_ CAPITAL IMPROVEMENTS" FOR DETAIL
s 46,960 $ 3,143 NIA $ $
s 46960 $ '' 3,143 NIA $
$
$
0,00%
0.00%
Available Fund BalanCf:!__: EO_.Y_ $ 2,627 s $ 2.627
' (3,143) $ $ )2,627)
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Origin.al 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
482 State Grants Fund
Available Fund Balance. BOY s
Revenues
Special assessments s $ $ $ $ $ s 0.00%
State grants 275,965 363,056 2,778,099 105,949 2,778,099 2,778,099 0.00%
Federal grants 73,386 406,614 0.00%
Sales of Property 0.00%
Interest income 0.00%
OperaUng transfers in 601,173 693,281 346,000 346,000 346,000 0.00% LOCAL MATCHES
Othe_,_ _ _ _ _ 1,000,000 1,000,000 1,000,000 0.00% CORE COMMUNITIES Gf½l:.J.l
s 950,524 $ 1.462,951 $ 4,124 099 $ 105.949 s 4,124.099 $ $ 4,124.099 0.00%
30936 Operating Expenditures
5100 Salaries & Benefits s $ $ s NIA s s $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual Services NIA 0.00%
S400 Other Expenses NIA 0,00%
5700 Capital Outlays NIA 0.00%
sooo Other Financi Uses NIA 0.00%
s $ $ s NIA s s $ 0.00%
90000 Project Expenditures
5200 Operating Supplies s $ $ s NIA s s $ 0.00%
5300 Contractual Services 950,524 1,283.344 37,895 NIA 0.00%
5700_ caeital Ou~a~ 179.607 4.124.099 48,643 1% 4124.099 4,124,099 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
$ 950524 $ 1462.951 $ 4124099 s 86.538 2% s 4.124.099 s $ 4124 099 0.00%
s 950524 $ 1.462.951 $ 4,124,099 s 86,538 2% s 4,124,099 $ 4,124,099 0.00%
Available F!.!.1!.i!!lalance - E;OY $ $ $ s 19,411 $ $
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thn.1 March Actual k:, % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual 2001 Es~mate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
594 Marina & Launch Ramp Fund
Available Cash Balance. BOY s 62,225 s 2,292 $ 126,329 $ 66,148 $ 66,148 $ (60,181) $ 126,~9
Revenues
Special assessments s s $ $ $ $ $ 0.00%
State grants 159,150 122,500 122,500 122,500 0.00%
State shared revenue 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%
~ 10,797 2,128 0,00"/4
s 289.437 $ 454 966 $ 404.100 $ 90 995 $ 404100 $ $ 404100 0.00%
70756 Operating Expenditures
5100 Salaries & Benefits s 74.283 114,172 $
5200
5300
Operating Supplies
Contractual Services
17,771
143,006
' 92,244
7,942
127,477
$ 114,172
9,650
100,223
$ 10,015
360
11,934
9%
4%
12%
$
9,650
100,223
$ 114,172
9,650
100,223
0.00%
0.00%
0.00%
5400 Other Expenses 2,307 545 1,000 0% 1,000 1,000 0.00%
5700 Capital Outlays 1,350 561 NIA 0.00%
5900 Other Financing Uses (841) NIA 0.00%
Other Cash Uses (e.g. Debt
Pfincip;il) 5,126 NIA 0.00%
s 237 876 s 223 643 $ 225.045 $ 22,309 10% $ 225,045 s $ 225 045 0.00%
90000 Project Expenditures
5200 Opera~ng Supplies s s $ $ NIA $ s $ 0.00%
5300 Contractual Services 111,494 167,467 245.000 90,070 37% 245,000 245,000 0.00% SEE "BUDGETED CAPITAL \MPROVEMENTS" FOR DETAIL
5700 Cai:,ital Outlal'!:, NIA 0.00%
111,494 s 167.467 $ 245.000 $ 90.Q70 37% $ 245.000 s $ 245,000 0.00%
349,370 s 391110 $ 470.045 $ 112 379 24% $ 470 045 $ 470.045 0.00%
~"!:ailable Cash Balance. EOY $ 2,292 s 66,148 $ 60.384 $ 44.764 $ 203 s (60,181) $ 60,384
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
584 Municipal Golf Course Fund
Available Cash Balanee • BOY 1,151,296 492,650 492,650
Revenues
' 1,554,213 $ $ 567.480 $ $
' (74.830) $ 567.480
'
Special assessments $ $ $ $ $ $ 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%
o•~ 0.00%
$ $ $
70542 Operating Expenditures
$ 86159
' 55.488 $ 40 000
' 3 033 40.000 40,000 0.00%
5100 Salaries & Benefits $ $ $ $ NIA $ $ $ 0.00%
5200 Operating Supplies NIA 0.00%
5300 Contractual SeNices 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
Princi al NIA 0.00%
s 499 076 $ 714,134 s 241,000 $ 0% $ 241 000 $ $ 241,000 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
5700 Ca ital Outla NIA 0.00%
$ $ $ $ NIA s s $ 0.00%
$ 499.076 $ 714,134 $ 241,000 s 0% s 241 000 s 241,000 0.00%
s s
Availa!!)t:,_Cas_!i Bal~nce - EOY
' 1.151,296 $ 492.650 366.480 495,683 $ 291,650 $ (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 Actua12001 Es~mate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
661 Equipment Fund
Available Cash Balance. BOY $ 499,092 s 380,984 $ 399,649 $ 367,851 $ 367,851 $ (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%
Other 193 377 127 412 100,000 9,118 100,000 100,000 0.00%
2.170.880 s 2134 923 s 2.090.000 $ 596,914 s 2,090,000 s $ 2,090,000 0.00%
60932 Operating Expenditures
5100 Salaries & Benefits $ 364,899 s 446,604 s 403,801 $ 96,887 24% s 403,801 s $ 403,801 0,00%
5200 Operating Supplies 606,768 649,641 561,230 77,590 14% 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 48% 3,500 3,500 0.00%
5700 Capital Outlays 872,983 713,321 766,450 228,951 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
Principal 47789 125449 N/A 0.00%
2,288.988 s 2,148,056 $ 2,139.577 s 480,270 22% $ 2,139 577 $ $ 2,139 577 0.00%
90000 Project Expenditures
5200 Operatng Supplies $ s $ s N/A $ $ $ 0.00%
5300 Contractual Services NIA 0.00%
5700 Ca ital Cutia N/A 0.00%
s $ s NIA $ $ $ 0.00%
2,288,988 s 2,148 056 $ 2,139577 s 480,270 22% $ 2139 577 $ 2139 577 0.00%
Available Gash Bala_r:ii::e:.~ EOY $ 380,984 s 367,851 $ 350.072 s 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 $ (200,038) $ p18,928j S (110,757) s (110,757) S 8,171 $ (118,928)
Revenues
Special assessments $ $ s s s s 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%
Oll7er 427 0.00%
460427 s 557 060 s 558,060 $ 153,192 $ 558 060 $ $ 558 060 0.00%
"""
S100
5200
Operating Expenditures
Salaries & Benefits
Operating Supplies
s 174,399
19,767
s 178,227 $
22,582
177,609
26,950
$ 39,376
6,224
22%
23%
$ 177,609
26,950
$ $ 177.609
26,950
0.00%
0.00%
5300 Contractual Services 215,070 193,076 222,268 43,759 20% 222,268 222.268 0.00%
5400 Other Experises 10,956 (1,951) 2,000 (80) -4% 2,000 2,000 0.00%
5700 Capital Outlays 18,961 68,738 24,187 NIA 0.00%
5900 Other Financing Uses NIA 0.00%
Other Cash Uses and Adjustments
e... Debt Principal 21 076 7107 NIA 0.00%
s 418 077 $ 467 779 $ 428.827 s 113 466 26% $ 428.827 s $ 428 827 0.00%
90000 Project Expenditures
5200 Operatng Supplies s $ $ 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 Outla NIA 0.00%
s 276,561 $ $ 159.350 s 45,690 29% $ 159.350 s $ 159,350 0.00%
$ 694 638 $ 467 779 $ 588177 s 159 156 2'% $ 588.177 s 588,177 __0.00%
Av.!!!!_~~e Cash Balance - EOY $ (200,038) $ (110,757) $ (149,045) $ !116,721) $ !140,874) $ 8,171 s j149,045)
City of Muskegon
1st Quarter Budget Reforecast - Non-General Funds
% Change
Original Budget Actual Thru March Actual A:; % Revised Estimate Change From Original Budget From 2001
Actual 2000 Actual2001 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
643 Engineering Services Fund
Available Cash Balance. BOY $ 86,178 $ 117,697 $ 140,189 s 144,167 s 144.167 s 3,978 $ 140,189
Revenues
Special assessments $ $ $ s s s $ 0.00%
State grants 0.00%
State share(! 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
509,249 $
28,005
589,004 $ 666.756 s '"
114199 s 666 756 s $ 666,756
0.00%
0.00%
60447 Operating Expenditures
5,00 Salaries & Benefits $ 348,155 $ 405.175 $ 494,560 s 82,468 17% $ 494,560 $ s 494,560 0.00%
5200 Operating Supplies 15,188 18,746 20,530 7,234 35% 20,530 20,530 0.00%
'300 COotract\Jal Services 107,040 127.790 134,612 29,158 22% 134,612 134,612 0.00%
5400 Other Expenses 3,964 ,.844 6.300 '84 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 WA 0,00%
Other Cash Uses and Adjustments
e.g .. Debt Princi al 19,413 5.967 NIA 0.00%
$ 476,959 $ 562156 $ 672,652 s 121,024 18% $ 672,652 $ s 672.652 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ s NIA $ $ s 0.00%
5300 Contractual Ser,,ices 771 378 378 NIA 0.00%
2..Q.Q Ca ital Outla NIA 0.00%
$ 771 $ 378 $ s 378 NIA $ $ s 0.00%
s 477 730 $ 562.534 $ 672.652 s 121 402 18% $ 672 652 s 672 652 0.00%
Available Cash Balance-~ l;_QY_ s 117,697 $ 144,167 $ 134,293 s 136,964 $ 138,271 $ 3,978 s 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
Actuat2000 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 $ 935,251 $ 1,038,212 - s 855,366 s 855,366 $ (182,846) $ 1,038,212
Revenues
Special assessments $ s $ s s $ $ 0.00%
State grants 0.00%
State shared revenue 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
Other 117,275 11,750 75,000 1.114 75,000 75,000 0.00%
2,936.460 s M95,867 $ 3,649.320 s 526,250 s 3.649.320 $ $ 3,649.320 0.00%
30851 Operating Expenditures
5100 Salaries & Benefits $ 5,712 s 42.455 44.910 s 64,686 144% 44,910 $ 44.910 0.00%
5200 Operatjng Supplies 475 922 1.000 63 6% 1,000 1.000 0.00%
$300 Contractual Services 3,072,981 3,243,323 3,534,320 796,134 23% 3,534,320 3.534.320 0.00%
5400 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 s 3.175.752 $ 3,584.230 s 861,316 24% s 3.584,230 $ $ 3,584.230 0.00%
90000 Project Expenditures
5200 Operating Supplies $ s s s NIA s $ $ 0.00%
5300 Contractual Services NIA 0.00%
_!;700 Cai;,ital Ou~a~ NIA 0.00%
s s s s
s 3,194 991 's 3,175,752 s 3 584,230 s 861,316
NIA
24% s 3584J30 ' $
$ 3 584,330
0.00%
0.00%
Avallable Cash Balance. E.9"'. s 935,251 $ 855,366 s 1,103,302 s 520,300 s 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 Estimate 2002 2002 of Revised 2002 2002 Original Estimate 2002 Revised Comments
591 Water Fund
Available Cash Balance. BOY $ 6,094,347 $ 5,982,941 $ 5,148,538 $ 5,071,320 s 5,071,320 $ (77,218) $ 5,148,538
Revenues
Special assessments $ $ $ $ s $ $ 0.00%
Federal grants 90,000 90,000 90,000 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
State grants 100,000 100,000 100,000 0.00% SHOREL.INE 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 936337 $ 4 717 919 $ 4484 000 $ 83 269 $ 4 484 000 $ $ 4484 000 0.00%
"""
5100
5200
Operating Expenditures Administration
Salaries & Benefits
Operating Supplies
$ $
10
$ $ NIA
NIA
$ s $ 0.00%
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 Outjays 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 Adjustment,;;
(e.g .. Debt PrinCiQal) 302.213 591,739 390.000 0% 390,000 390,000 0.00% PRINCIPAL ON WATER BONDS
1.164.997 $ 1.522.807 $ 1303876 $ 98372 8% $ 1303876 s s 1 303,876 0.00%
60559 Operating Expenditures Maintenance. Clty
5100 Salaries & Benefits $ 698,628 $ 788,512 $ 601,859 $ 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 Ou~ays 5,129 7,327 10,900 1,778 16% 10,900 10,900 0.00%
~- Other Financin Uses NIA 0.00%
$ 1 306 436 $ 1 393 928 $ 1 030551 $ 258178 25% $ 1.030.551 s s 1.030.551 0.00%
60660 Operating Expenditures Maintenance. Township
5100 Salaries & Benefits $ 3,190 $ 206,700 $ 292,602 $ 50,389 17% 292,602 292,602
5200
5300
Operating Supplies
Contractual Services
863
47
9,526
120,508
12,483
125,594
365
27,030
3%
22%
$
12,483
125,594
' ' 12,483
125,594
0.00%
0.00%
0.00%
5400 Other Expenses 469 1,420 13 1% 1,420 1,420 0.00%
5700 Capil<!I Outlays 800 4,350 1,399 32% 4.350 4,350 0.00%
5900 Other Financin Uses NIA 0.00%
$ 4,100 $ 338.003 $ 436.449 $ 79.196 18% $ 436.449 $ $ 436.449 0.00%
60558 Operating Expenditures Filtration
5100 Salaries & Benefits $ 469,642 $ 440,416 $ 480,724 $ 105,772 22% $ 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 4,150 675 16% 4,150 4.150 0.00%
5700 Capital Outlays 27,339 104,236 39,950 6,776 17% 39,950 39,950 0.00%
5900 Other Financin Uses NIA 0.00%
s
90000 Project Expenditures
' 907154 $ 1 011 383 $ 1,Q32,214 179.617 17% $ 1.032,214 $ $ 1,032,214 0.00%
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 Ca ital Outla NIA 0.00%
s 665,056 $ 1,363,419 $ 5.288.771 s 32.285 1% $ 5.232.771 $ (56.000) $ 5.288.771 1.07%
s 4.047 743 $ 5.629 540 $ 9 091 881 $ 647.646 1% $ 9.035,861 $ 9,091 861 0.62%
Av_a_!gible Cash Balance. EOY $ 5.982,941 $ 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 Tnru 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 $ 1,027,063 $ 1,027,063 $ (239,786) $ 1,266,849
Revenues
Special assessments $ $ $ $ $ $ $ 0.00%
Ferjeral 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 share<i 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%
4,089 381 $ 3 991,295 $ 4,973,000 $ 477 699 $ 5.433.000 $ 460,000 $ 4,973,000 -8.47%
Operating Expenditures Administration
'""'
5100
5200
Salaries & Benefits
Operating Supplies
$ $ $ $ NIA $ $ $ 0.00%
NIA 0.00%
5300 Contractual Services 269,957 629,842 264,062 54,479 21% 264,062 264,062 0.00% INSURANCE/1NDIRECTCOSTS/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 PrinciQal) 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 $ 54.479 6% $ 899 023 $ $ 899,023 0.00%
60559 Operating Expenditures Maintenance
5100 Salaries & Benefits $ 551,757 $ 587,142 $ 725,420 $ 356,362 49% $ 725,420 $ $ 725.420 0.00%
5200 Operating Supplies 50,955 54,343 54,335 25,418 47% 54,335 54,335 0.00%
5300 Contractual Services 1,346,297 1,684,616 2,086,204 887,343 43% 2,086,204 2,086,204 0.00%
5400 Other Expenses 3,992 2,093 2,900 1,170 40% 2,900 2,900 0.00%
5700 Capital Outlays 8,380 8,511 17,700 8,511 48% 17,700 17,700 0.00%
5000 Other Fimmcin Uses NIA 0.00%
1961,381 $ 2336 705 $ 2,886,559 $ 1,278.804 44% $ 2,886559 $ $ 2,886,5~9 0.00%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ $ $ 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 Ca ital Qutj NIA 0.00%
255.232 $ 229 619 $ 805 000 $ 13209 1% $ 1,264.000 $ 459.000 $ 805.000 -36.31%
3,431,108 $ 4,409 953 $ 4,590,582 $ 1,346492 27% $ 5,049,582 $ 4,590,582 -9.09%
AV?i!able Cash Balance - EOY $ 1,445,721 5 1,027,063 $ 1,649,267 $ 158,270 $ 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
91001 Community Center Design Scott $ 100,000 $ 8,000 NEW COMMISSION PRIORITIES; RESIDUAL COSTS FOR STUDY
91002 Relocate Central Fire (Acquisition, Demolition) Simpson 250,000 250,000
91003 Alternate Power Supply for City Hall Al-Sha tel 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
670,000 600,500
404 Public lm1;1rovement Fund
91005 Demolish Hackley Fire Station (Inc! 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 AI-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 Al-Shatel 210,000 175,000 Mill & Resurface
90053 Southern, Division to Seaway Al-Shatel 250,000 125,000 Mill and Resulface - Partially Funded by $130,000 TEDF Grant
90063 M-120 over Musekgon River A!-Shatel 55,000 Carryover Costs from 2001
90020 Barney, Valley to Roberts AI-Shatel 14,000 carryover Costs from 2001
90011 Barclay, Sherman to Hackley Al-Sha tel 15,000 Carryover Costs from 2001
90056 Houston, Third to First Al-Sha tel 150,000 125,000 Mill & Resulface - CDBG
90058 Terrace St., Irwin to Iona AI-Shatel 325,000 285,000 Reconstruction
90059 Harvey, Keating to South End (900' of Gravel Road) Al-Sha tel 100,000 100,000 New Construction
90060 Roberts, Keating to Laketon Al-Sha tel 171,000 125,000 Mill and Resulface - Partially Funded by $86,000 STP Grant
90061 State's Job (Seaway Drive, Southern to Sherman) Al-Sh ate! 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 AI-Shatel 114,000 114,000 Funded 60% by EDA Grant
Unspecified Projects AI-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
Retorecast Reforecast
2002 PROJECTS
203 Local Streets
90057 Leon, Harrison to Crozier (Gravel Street) AI-Shatel 150,000 150,000 New Construction
90064 Austin, Barney to Delano AI-Shatel 90,000 6,000 Reconstruction
90065 Sherin, Lakeshore Drive to Miner AI-Shatel 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 Al-Shate! 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 (Teledyne-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-Clarke 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 AJMShate! 10,000
90042 Washington, Division to Franklin AJwShatel 80,000 140,000 Street Project• Associated Utility Work
90043 Laketon, Peck to Park AlMShatel 10,000 Street Project - Associated Utility Work
90052 Division, Southern to Western AIMS hatel 15,000 15,000 Street Project - Associated Utility Work
90053 Southern, Division to Seaway AlwShate! 10,000 1,000 Street Project - Associated Utility Work
90057 Leon, Harrison to Crozier Al MS hate! 10,000 7,000 Street Project - Associated Utility Work
90058 Terrace St, Irwin to Iona AlMShatel 150,000 150,000 Street Project - Associated Utility Work
90059 Harvey, Keating to South end AlwShate! 80,000 145,000 Street Project - Associated Utility Work
90060 Roberts, Keating to Laketon A!wShate! 5,000 1,000 Street Project - Associated Utility Work
90063 M-120 over Muskegon River A!wShatel 463,000 100% Reimbursed from MDOT
90065 Sherin, Lakeshore Drive to Miner A!MShate! 10,000 1,000 Street Project - Associated Utility Work
90066 Randolph, Westwood to End {Sewer Extension) A!wShatel 50,000 16,000 Homes Currently on Septic Systems
90068 Industrial Park Liftstation A!wShatel 125,000 125,000
96017 Shoreline Dr (incl Terrace Extension, Spring & Western) AIMShate! 100,000 100,000 Street Project - Associated Utility Work
99020 Seaway-Hackley Industrial A!wShatel 100,000 100,000 Funded 60% by EDA Grant
Unspecified Projects A!MShatel 50,000
805,000 1,264,000
591 Water
90041 Black Creek Road, Sherman to Latimer AlwShatel 10,000 Street Project - Associated Utilfy Work
90042 Washington, Division to Franklin AIMShatel 125,000 140,000 Street Project - Associated Utilrty Work
90043 Laketon, Peck to Park AIMShatel 10,000 10,000 Street Project -Associated Utility Work
90052 Division, Southern to Western AIMShatel 100,000 100,000 Street Project - Associated Utillty Work
90053 Southern, Division to Seaway AIMShatel 15,000 1,000 Street Project - Associated Utility Work
90056 Houston, Third to First AIMShatel 75,000 30,000 Street Project -Associated Utilrty Work
90057 Leon, Harrison to Crozier AlwShatel 10,000 7,000 Street Project - Associated Utility Work
90058 Terrace St, Irwin to Iona AlwShatel 150,000 190,000 Street Project• Associated Utility Work
90060 Roberts, Keating to Laketon AIMShatel 5,000 1,000 Street Project• Associated Utility Work
90065 Sherin, Lakeshore Drive to Miner AlwShatel 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) AIMShatel 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 SeawayMHackley Industrial AIMShatel 100,000 100,000 Funded 60% by EDA Grant
Unspecified Projects AIMShatel 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 RamQ
91007 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 EguiQment Fund
Patrol Car Replacements (10) Kuhn 206,250 206,250 Replacement
Plow Truck Replacements (1) Kuhn 67,000 67,000 Replacement
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
L22,577.67o $ 22,125,170
Date: April 12, 2002
To: Honorable Mayor·ancl City Commissioners
. .- .• /,J
rr-,,-
From: Ric Scott c;iir1/
RE: Cemetery Building Renovations
SUMMARY OF REQUEST:
To award a contract to VanderVen Construction for the
interior renovations to the Cemetery office
FINANCIAL IMPACT:
$81,634
BUDGET ACTION REQUIRED:
$70,000 is budgeted, so an additional $15,000 needs to
be added to the budget, which includes the architects
fees.
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
'·
Affirmallve Action
23 I /724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX/726-5181
Ce metery
23 l /724-6783
FAX/726-5617
Clvll Service
231/724-67 16
FAX/724-4405 West Michigan's Shoreline City
Clerk
231 /724-670S
FAX/724-4178
Date: April 12 , 2 002
Comm. & Neigh.
Services To: Honorable Mayor7 and City Commissioners
23 I /724-6717
FAX/726-250 1
From: Ric Scott j'(Jlldtl .
Engineering
231 /724-6707 Re: Cemetery Office Renovations
FAX/727-6904
On Tuesday , April 9 , 2002 , three bids were received for
Finn nee
231/724-67 13
the renovations to the Cemetery office. The bids were
FAX/724-6768 received as follows:
Fire Dept.
231/724-6 792
VanderVen Construction $79 , 230 base $2 , 4 0 4 alt
FAX/724-6985
Wolffis Construction $84,850 base $1,385 alt
Income Tux
23 I /724-6770 Quality Builders $81 , 900 base $2 , 050 alt
FAX/724-6768
The budget for this project is $70 , 00 0 within this
Info, Systems
231/724-6744 year' s Capital Improvement budget.
FAX/722-4301
The project will bring the building up to today ' s
Leisure Service
231/724-6704
standards. The building will be made accessible,
FAX/724- 1196 including two new accessible restrooms. An energy
Munager's Office
efficient heating/ air-conditioning unit will be
23 1/724-6724 installed. New energy efficient lighting will be
FAX/722-1214
installed , including an updating of the electrical
Mayor's Office service. The rooms will be painted, and the walls
23 1/724-6701
FAX/722-1214 repaired as necessary. The floors will be carpeted and
most of the ceiling will be replaced.
Inspection Services
231/724-6715
FAX/726-2501
We are requesting that the alternate of adding panel to
the chapel be included, as this will make the room much
Planning/Zoning
23 l /724-6702
nicer for the many services that are conducted there.
FAX/724-6790
I would ask that you approve the bid and alternate of
Police Dept.
231/724-6750
VanderVen Construction for $81 , 634 and authorize a
FAX/722-5140 budget adjustment of $15 , 000, which includes the fees to
Public Works
Bosma Architects.
231/724-4100
FAX/722-4 I 88 Thank you for your consideration.
Treasurer
231/724-6720
FAX/724-6768
Waler BIiiing Dept,
23 l /724-6718
F AX/72441768
Water Filtration
23 l /724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
AGREEMENT
THIS AGREEMENT, made this c(trrf day _of _.:_/%.1.,-.,.Q_.;..f'.;..,'~/_ _ _, 19 2002 , by
and between: VANDER VEN CQNS'j'R!JCTJQN ca laws of the state of MICHIGAN
[a corporation organized and ex1st1ng under the J,
or [a partnership consisting of ____...;.________________.;
or (an individual trading as ____________________ ];
hereinafter called the Ntontrac:tor", and the CITY OF MUSKEGON, MICHIGAN:
WITNESSITII. that the Contractor and the City of Muskegon, for the consideration
stated herein, ffllltually agree•as follows:
ARTICLE 1. Statement of Work, The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and
services, including utility and transportation services, and perlol"lll
and complete all work required for the construction of the improvements
embraced fn this Contract-, NAMELY:
and required supplemental work for the completion of this Project, all
in strict accordance with the Contract, including all Addenda.
ARTICLE 2. The Contract Price. The City of Muskegon will pay the Contractm-
for the performance of this Contract and the completion of the won
covered therein an a1POunt in current funds not to exceed$ 81,634.00
ARTICLE 3. Contract. The executed Contract shall consist of, but not be
limited to, the following: -.
a. Invitation for Bids Section II - .Equal Opp &Employment
b. PART l: Specifications
Section I - Instructions to Biddel'S Section III- Adopted Labor Stnds.
Section II- Bid Proposal Section IV - Pn,vailing Wage
c. PART 2 • Agreement ~.isicm
d. PART 3: e. PART 4 - Techn; ::al Specifications
Section i - General Specifications f, PART 5 - Special Spec1fic:at:lons
for Project Perfonnanct g. Construction and/or Engineering Plan
This Agreement, together with other documents enumerated in this Article 3,.
which said other documents are as fuHy a par-t of the Contr,·ct as if attached
hereto or repeated herein, fonn the Contract between the PArties hereto,
In the event any provision in any component part of this Contract conflicts,
with any provision of any other CO!llponent part, the Contractor shall contact
the City imnediately in writing for a detennination, interpretation and/or
clarification of conflicting parts and priority of same. Said detennination
from the City shall be in writing and shall become an Addendum to this
Contract. ·
18
AGREEMENT (continued) Page 2
IN WITNESS WHEREOF, the parties hereto have caused this AGR.EOIENT to be executed
1n 3 original counterparts on the d;ty and year first written •bove.
SCOTT VANDER VEN PRESIDENT
printed name and title
(SEAL)
CERTIFICATION (if applicable)
l, Vl".EI,EY SI~S • certify that I am the .. s...E,..C...S...E.i.T?,l..,R,..y...__ _ _ __
of theCorporat1on named as Contractor herein;
That sCQTI YANDEB YEN , who signed this Agreement on behalf of the
Contractor, was then ___P_R_E_S"'ID_E_NT:.:.._ _ _ _ _ _ of said Corporation;
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate
powers. , ·
SIGNED:
.([;,,._,e~.t
?J
Ja 8/
( CORPORAT£ SEAL) V)\RIEY 5IA5, 5E~Bf,TARY OF CORPORATION
printed n~me and tit e
ACORD,. CERTIFICATE OF LIABILITY INSURANC~f~~ a~ 04/25/02
DATE {MMIDONY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Mapes Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1824 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Rapids MI 49501-1824
Phone: 616-453-8 600 Fax:616-453-8391 INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Auto-Owners Insurance Co
INSURER B:
Vander Ven Construction Co. INSURER C:
1154 Scenic Drive INSURER D:
Muskegon MI 49445
' INSURER E:
COVERAGES
-
THE POLIClt':S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE POLICY NUMBER b2'rlf(M~bBW.}YE P~}fi~J~r6iw.}?N LIMITS /
L~~NERAL LIABiL!TY EACH OCCURRENCE , 1,000,000 I
A X COt/iMERCIAL GENERAL LIABILITY 934601 06653139 02/07/02 02/07/03 FIRE DAMAGE (Any one fire) $ 100,000 i
~
1-----..J CLA!/1:W MADE ~ OCCUR MED EXP {Any one person) $ 10,000 '
~
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE 11,000.000
' GEN'L AGGREG11TE LIMIT APPLIES PER:
PRODUCTS. COMP/OP AGG 11,000,000
h POLICY -r-1e•o-
JECT n LOC
I
i
~TOML1131LE LIABILITY
A ~ ANY AUTO 9683944000 02/07/02 02/07/03
COMBINED SINGLE LIMIT
(Ea accident) $1,000,000 Ii
ALL OWNED AUTOS
' SCHEDULED AUTOS
BOOlLY INJURY
(Per person)
$
~ I
~ Hl!~ED AUT .JS
BODILY INJURY
$
,_x NOM-OWNt~D AUTOS (Per accident)
C- PROPERTY DAMAGE
(Per accldenl)
$
.
R GARAGE LIABll.lTY
ANYAUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EAACC
AGG $
$
$
'
!
!
A
EXCESS LIABILITY
~OCCUR • CLAIMS MADE 968394400 02/07/02 02/07/03
EACH OCCURRENCE
AGGREGATE
• 2. 000, 000
• 2,000 000
$
'
~ OtOUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION AND
EMPLOYERS' UABILITY
1
X I TORY GM'i'Ts I l'"'Er
A 931701 06642236 02/07/02 02/07/03 EL. EACH ACCIDENT • 500,000
E.L. DISEASE· EA EMPLOYEE • 500,000 '
E.L. DISEASE· POLICY LIMIT • 500,000
OTHER
'
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project: Cemetery Building at 1400 Kenneth St. Interior Work - City of
Muskego:ll is Additional Insured in regard to General Liability.
CERTIFICATE HOLDER ·1 Y l ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
lMUSK-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT!Ot,,.
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....3..Q_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Muskegon
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
933 Terrace·
..,K1•~•~,c
Muskegon, MI 49443-0536 REPRESENTATIVES. _,..., ~
AUTHORIZED REPRESENTATIVE , LJ .J .
' Robert Pollina
ACORD 25-S (7/97) ©ACORD CORPORATION 1988
Performance Ohio Farmers Insurance Co.
Bond Westfield Companies
Westfield Center, Ohio 44251-5001
Bond No. 5938874
KNOW ALL MEN BY THESE PRESENTS:
Th at .... Y~ ~!l-. ..Y~!'.l... ~~!'.l.~I~l!.c.~~ ~!'I...~.~~]:~~:,:.( ...1J?. ~... ?. ~ ::::.~~ .. ]}.':. ~:'. ::. i ...~ 11.~.k:~ !?:::. '....~.~.~.?.~it~.:': .... ~.?.4 45
{Insert name and address, or legal title, of contractor}
as Principal, hereinafter called Contractor, and OHIO FARMERS INSURANCE COMPANY, an Ohio Cor-
poration, with principal office at Westfield Center, Ohio, as Surety, hereinafter called Surety, are ~elc ~nd
firmly bound unto .... ~.:J:IX .. 9.f. ..!1!!.~Il':~9.t:!,... 1.?} .. I':'.r.F.i!S.':'... ~.~.1:'.'c.~!:.,.J'.111.~~.e.&~11.1 ...!1~S.~~~i!.'?: .......9... ~ .... .
(Insert name and address, or legal title, of owner)
as Obligee, hereinafter called Owner in the amount of ..~.~~!l!.Y.::~l-!.E... ~!19??.i\.!-!]}... ~~!'...H.l!l!l?.1:<~]}...T.H.~~.~_Y-
.. !9.~1:<.. ~.1?. .. l-!9/. 1.~ ~;:·.::::::::-.::::::::::-.::::::::::·.::::::::·.::::::::-::·.::::::::·.::::::::.::::::::::-.::::::.-:-.-:-.:: Doi la rs ($ .?. ~,fl}~:. P.Q:;:::::)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly bX these presents.
WHEREAS, Contractor has by written agreement dated ..'.\V.F..iJ .. ??.., .. .?~9.2........................................ .
entered into a Contract with Owner for ... ~':~~.~':?:.¥. .. !l11.:i:1A~::.~... i!.~.. .1.~~9... ~":!:::.~.~~...8.~::.7.7.~ .. ::...1.:':~.e.1;.ior
Work
in accordance with drawings and specifications prepared by .........................................................................
··················································································································································································
{Insert full name and title)
which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain
in full force and effect.
Whenever Contractor shall be, and declared by owner to be In default under the Contract, the owner having performed
owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly
(1) Complete the Contract In accordance with Its terms and conditions, or
(2) Obtain a bid or bids for submission to Owner for completing the Contract In accordance with its terms and
conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract be-
tween such bidder and Owner and make available as work progresses (even though there should be a default or a suc-
cession of defaults under the contract or contracts of completlon arranged under this paragraph) sufficient funds to pay
the cost of completlon less the balance of the contract price; but not exceeding, including other costs and damages for
Whlch the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The term ,,balance of the
contract price", as used In this paragraph, shall mean the total amount payable by owner to Contractor under the Con-
tract and any amendments thereto, less the amount properly paid by ?wner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor ceases
work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named
herein or the heirs, executors, administrators or successors of owner.
Signed this ......?.?.~!!........ ,.. day of ......... /~P.!'.:l,~ ................................................................... , ..... JO.~~ .. ..
VANDER VEN CONSTRUCTION COMPANY
By .. ~~t.&.. . . . .~.~'.~~'.~~'.
OHIO FARMERS INSURANCE COMPANY
81/~~~~\-.. . . . . . . .
'--_J.cl\nn Sutherland Attorney-in-Fact
BO 5047 - L 111/97\
Michigan
Labor and
Material
Payment
Ohio Farmers Insurance Co . WESTFIELD COMPANIES
Bond Westfield Center, Ohio 44251-5001
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED
FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT,
BOND NO. 5938874
KNOW ALL MEN BY THESE PRESENTS:
That .VA,N)},E;R, .V,E,N, ,C!JNS_T_R)J,C_T_I,O,N_ .C9)1)"A,N)'_, _ _H_5li_ ,S.c_en,i_c_ D_r_iv_e_,. M_usk_eg_on_,. M_i_ch_igan_ . _4,94~5
(Here Insert the name and address, or legal title, of the contractor)
as Principal, hereinafter called Principal, and OHIO FARMERS INSURANCE COMPANY, an Ohio Corpo-
ration, with Principilr~~c3l\i"fl~IY~bi ~e~i~r, T~~~a~! si{~1i'e
r~r~.\1;Q:~g~1,re~:t'c'tri~a;re Jlf},'t.:rnd
firmly bound unto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
(Here insert the name and address, or legal title, of the owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of ,E_I_Gfl_TY_-,O_NE__TH_O_U_S/\,N_D__S_IX_ HUNDRED__TH_IRTY_-_FOUR_ AND_ N_0/1_0_0_-.-.-.-:-:-.-.-.-.-.- Dollars
($ 81? 634 •. 00-:-.-.-:-:-:--:--:- ), for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by the_se presents.
WHEREAS, Principal has by written agreement dated . A,p_r_i.l..2.9., ..2.0_0_2_ ................. .
enterked into a Contract with Owner for _C_em_e_t_e,ry _B_u_H_d_i_ng_ .a.t_ .1.4_0_0_ ,Kenn_e_t_h__S_t_r_e_e_t_ .-. _In_t_er_ior
War
in accordance with drawings and specifications prepared by ..
(Here insert full name and title)
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract.
AND WHEREAS, this bond is given in compliance with and subject to the provisions of Act No. 213
of the Public Acts of Michigan 1963, as amended, which provisions are by reference made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall
promptly make payment to all claimants as defined in Act No. 213, who have complied with all the pro-
visions of the Act No. 213, for labor and materials used in the performance of the Contract, then this
obligation shall be void; otherwise it shall remain in full force and effect.
The amount of this bond shall be reduced by and to the extent of any payment or payments made
in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of i-e-
cord against said improvements, whether or not claim for the amount of such lien be presented under
and against this bond.
Signed this ......... ~'ltJ\ ............ day of .... Ap_r_H_ ............... A.O . . . 2002.
B:AND:ka!J;U~P:AN.Y . (Seal)
By ~:~~~~~~~y-
~ Sutherland
..
Attorney-111-Fact
nrri,. en.ee I tr: nC'\
POWER NO. 2140662 00
General
Power
of Attorney
CERTIFIED COPY
Ohio Farmers Insurance Co. Westfield Center, Ohio
Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of
the State of Ohfo, and having its prfnctpal office in Westfield Center, Medina county, Ohio, does by these presents make, constitute and appoint
ROBERT B. POLLINA, ROBERT J. KAZMA, DENNISE. SCUU.Y, M.D. PAOUERANI, KJMBERLY A. COWER, CARL
VANDENBOSCH, JOANN SUTHERLAND, JOINTLY OR SEVERALLY
at GRAND RAPIDS and State of Ml its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred In Its name,
place and stead, to execute, acknowledge and deliver any and aJI bonds, recognizances, W'Klertakfngs, or other Instruments or contracts of
suretysnjp- . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . • • . . . . . . . . . . . . . . . . . . . . . • . . . . . . . .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE OUARANTEE, MORTOAOE DEFICIENCY, MORTOAGE
OUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind the Company thereby as fully and to the same extent as If such bonds were signed by the President. sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises.
Said appointment 1s' made under and by authority ot the following resolutions adopted by the Board ot Directors of the Ohio Farmers Insurance
Company:
·"'Be It Resolved, that the President, any Vice-President, any secretary or any Assistant secretary shall ·be and Is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act tor and on behalf at the
Company subject to the following provisions:
..Section 1. Attorney-in-Fact Attorney-In-Fact may be given full power and authority for and In the name of and on behalf of the Company,
to execute, acknowledge and dellver, any and all bonds, recognizances, contracts, agreements ot indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's llablllty thereunder, and any such
Instruments so executed by any such Attorney-In-Fact shall be as binding upon the Company as If signed by the President and sealed and
attested by the Corporate Secretary."" (Adopted at a meeting held on the 3rd day of July, 1957.)
""Be It Resolved, that the power and authority to appoint Attorney(sHn-Fact granted to certain officers by a resolution or this Board on the
3rd day or July, 1957, Is hereby also granted to any Assistant Vlce-Presldent.· {Adopted at a meeting held on the 13th day of July, 1976.)
This power or attorney and certificate ls signed and sealed by facslmlle under and by the authority of the following ·Resolution adopted by the
Board ot Directors or the Ohio Farmers Insurance Company at a meeting duly called and held on the 9th day of June, 1970:
"'Be It Resolved, that the signature of any authorlzfKI officer and the sea/ of the Company heretofore or hereafter afflxed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing faC3lmile signatures or facsimile seal
shall be valfd and binding upon the Company with respect to any bond or undertaking to which it is attached."
In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by Its Vice Pre•ldent. and its corporate
seal to be hereto affixed this 23rd day of SEPTEMBER A.O., 1998 .
corporate OHIO FARMERS INSURANCE COMPANY
Seal
Affixed
State or Ohio By
County ot Medina ss.: Richard L Kinnaird, Jr. Vice President
On this 23rd day or SEPTEMBER A.O., 1998 , before me personally came Richard L. Kinnaird. Jr., to me known, who, being by me duly
sworn, did depose and say, that he resides In Medina, Ohio; that he ls Vice President at OHIO FARMERS INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal or said Company; that the seal affixed to said Instrument Is such
corporate seal; that it was so affixed by order of the Board ot Directors of said Company; and that he signed his name thereto by llke order.
Notarial
Seal
Affixed
James M. Walker Notary Public
State of Ohio
My Commission Does Not Expire
County of Medina ss.:
Sec. 147,03 Ohio Revised COde
CERTIFICATE
I, Richard A. Wallet, Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is
a true and correct copy ot a Power or Attorney, executed by said Company, which Is stlll In ruII force and effect; and furthermore, the resoluttons
at the Board of Directors, set out in the Power of Attorney are In tun force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal ot said Company at Westfield Center, Ohio, this 29th day of
April A.O., 2002
Richard A. Wallet Assistant Secretary
BPOA02 (03-99)
AGENDA ITEM
CITY COMMISSION MEETING April 23, 2002
TO: MAYOR AND CITY COMMISSIONERS
FROM: Lee J. Slaughter, Assistant City Manager
DATE: April 17, 2002
RE: General Employees Retirement System
SUMMARY OF REQUEST
Ordinance to be adopted by the City Commission concerning changes relating to DPW
and Leisure Services union employees.
FINANCIAL IMP ACT
None at this time.
BUDGET ACTION REQUIRED
None at this time.
STAFF RECOMMENDATION
To adopt changes relating to DPW and Leisure Services union employees concerning the
General Employees Retirement System as amended.
*Previously discussed with contract settlement. Contract adopted
February 2002.
COMMITTEE RECOMMENDATION
City of Muskegon
Muskegon County, Michigan
ORDINANCE NO.~
The City Commission of the City of Muskegon hereby ORDAINS:
Appendix B of the Code of Ordinances of the City of Muskegon concerning the General
Employees Retirement System is amended, as follows:
1. Section 6.1. shall be amended to read, as follows:
Section 6.1. Subject to Section 6. I, the amount of the level straight life pension shall be
his final average compensation multiplied by the product of the applicable factor and credited
service. The credited service and pension amount shall be subject to the applicable
maximums. The applicable factors and maximum are:
Maximum Years Maximum
Retirement of Credited Pension
Date Service Amount
Non-Union Employees 1.2% of the No No
On or Before first $4,200 Limit Limit
12/31/93 of final average
compensation
plus 1.7% of
final average
compensation
in excess of
$4,200.
On or After 1.2% of the No No
O1/01/94 and first $4,200 Limit Limit
Before 12/31/98 of final average
compensation
plus 1.7% of
final average
compensation
in excess of
$4,200 for years
the employee
was represented
'oy a umon
.
plus 2% for
years while
not represented
C:\DOCUME~1\KUNDIN~1\LOCALS~1\Temp\A.49937.00C
by a labor
organization.
On or After
O1/01/99 and
Before 12/31/99 2.1% No No
Limit Limit
On or After O1/01/00 2.25% No No
Limit Limit
Union Clerical Em11loyees
On or Before 1.2% of the No No
12/31/96 first $4,200 Limit Limit
of final average
compensation
plus 1.7% of
final average
compensation
in excess of $4,200.
On or After 1.2% of the No No
01/01/97 and first $4,200 Limit Limit
Before of final average
01/01/2002 compensation
plus 1.8% of
final average
compensation
in excess of
$4,200.
On or Before 1.9% No No
01/01/2002 Limit Limit
Union Em11loyees - - DPW Leisure Services
On or Before 1.2% of the No No
12/31/95 first $4,200 Limit Limit
of final average
compensation
plus 1.7% of
final average
compensation
in excess of
$4,200.
C:\DOCUME-1\KUNDIN~1\LOCALS-1\Temp\A49937.DOC
On or After
01/01/96 1.9% No No
Limit Limit
On or After
01/01/98 2.1% No No
Limit Limit
On or After
01/01/02 2.25% No No
Limit Limit
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, I,arson, Scbwei fJ er
Nays: None
Adoption Date: April 23. 2002
Effective Date: May 1O, 2002
First Reading: April 23, 2002
Second Reading: -=N'-'
/ A:.:;___ _ _ _ _ _ _ __
:;Y rr:KEo~~~
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 23rd day of April , 2002, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
G:lcommonl51jcslc-gers.or2.doc
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby.
DATED: Apri J 23 , 2002
~ .-iO -~
Gail A. Kundinger, CMCIAAE
µ)
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
G:\commonl51jcslc-gers.or2.doc
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on April 23 • 2002. the City Commission of the City of
Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the
General Employees Retirement System. summarized as follows:
1. Section 6.1 shall be amended to provide a 2.25% multiplier for DPW/Leisure
Service union employees (not clerical employees) effective January 1, 2002.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published _-0A.,p._r1._·J.__3u..o.___. 2002 By_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger. Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
G:\EDSI\FILES\00100\0085\MISC\A49937 .DOC
Commission Meeting Date: April 23, 2002
Date: April 15, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c..&:,.
RE: Approval of Muskegon Lakeshore Smartzone
Agreement
SUMMARY OF REQUEST: In order to proceed with the Smartzone
project, an agreement between the Michigan Economic Development
Corporation (MEDC), Grand Valley State University (GVSU), the City of
Muskegon and the Muskegon Local Development Finance Authority
(LDFA), is necessary. The Agreement outlines the rights and
obligations of all parties (see attached). Therefore, the Commission is
requested to approve the Agreement.
FINANCIAL IMPACT: No direct impact, although LDFA funds are
pledged for the development of the Business Incubator.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Muskegon
Lakeshore Smartzone Agreement and authorize the Mayor to sign.
COMMITTEE RECOMMENDATION: The LDFA will be meeting on April
22 to approve the Agreement.
MUSKEGON LAKESHORE
SMARTZONEAGREEMENT
Table of Contents
I. Muskegon SmartZone Agreement, with attachments as follows:
Appendix A..... Description of the Authority District, Certified Technology
Park and Public Facilities
Appendix B ..... Ratification by State Treasurer
Appendix C ..... Copy of Resolution creating the Authority
Appendix D ..... Authority's Tax Increment Financing Plan
Appendix E ..... Copy of Core Community Fund Grant Agreement
Appendix F...... SmartZone Service Mark specifications
MUSKEGON LAKESHORE SMARTZONEsM
This Muskegon Lakeshore SmartZone Agreement (hereinafter called "Agreement") is
entered into as of this _ _ day of April, 2002, by and among the Michigan Economic
Development Corporation, a public body corporate, with offices at 300N. Washington Square,
Lansing, Michigan 48913 (hereinafter called "MEDC"), the City of Muskegon, a Municipal
Corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49443-0530, (hereinafter
called the "City") the Muskegon Local Development Finance Authority with offices at 933
Terrace Street, Muskegon, Michigan 49443-0530 (hereinafter called the "Authority") and Grand
Valley State University, a Michigan institution of higher education, with offices at 1 Campus
Drive, Allendale, Michigan 49401-9403 (hereinafter called the "University").
RECITALS
WHEREAS, the Michigan Legislature passed and the Governor signed Public Act 248
of 2000 to promote, inter alia, the development of high technology businesses throughout the
State of Michigan; and
WHEREAS, the MEDC has been authorized by Public Act 281 of 1986, as amended,
being MCL 125.2151 et seq., to designate a certain number of certified technology parks
("Certified Technology Parks") within the State of Michigan, by December 31, 2002; and
WHEREAS, the MEDC, for strategic marketing purposes, has chosen to designate the
aforementioned Certified Technology Parks as "SmartZones"; and
WHEREAS, on July 26, 2000, the MEDC issued a request for proposals for SmartZone
designation; and
WHEREAS, on October 16, 2000, the City, the Authority, and the University submitted
a proposal to the MEDC requesting designation as a SmartZone for certain areas located within
the City's jurisdiction (the "Proposal"); and
WHEREAS, the Authority was established on November 13, 2001; and
WHEREAS, the MEDC, the City, the Authority, and the University have entered into
productive discussions regarding their Proposal; and
WHEREAS, the MEDC, the City, the Authority, and the University desire to enter into
this Agreement to designate the Authority District (as herein after defined) as a Certified
Technology Park and to establish terms and conditions of this designation.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
MEDC, the City, the Authority, and the University (collectively referred to hereinafter, at times,
as the "Parties") agree as follows: ·
GR0l\51779.3
ARTICLE I
DEFINITIONS
The Parties agree that the following words and expressions, as used in this Agreement,
whenever initially capitalized, whether used in the singular or plural, possessive or non-
possessive, either within or without quotation marks, shall be defined and interpreted as follows:
Section I.OJ Act. "Act" means 1986 PA 281, as amended, being MCL 125.2151 et seq.
Section 1.02 Affiliated Parties. "Affiliated Parties" means public and private
individuals, businesses and organizations with which the Local Representatives or the Muskegon
LakeShore SmartZone enters into letters of intent, memoranda of understanding, contractual
agreements or other types of arrangement to provid(;!, or induce opportunities for, support, market
access, assistance· or other types of direct or in-kind assistance for tenants of the Business
Incubator or to the development of high technology activity within the Certified Technology
Park.
Section 1.03 Agreement. "Agreement," "herein," "hereby," "hereunder," or other like
terms shall mean this Muskegon LakeShore SmartZone Agreement.
Section 1.04 Agreement Date. "Agreement Date" means the date set forth above as the
date as of which this Agreement is entered into by the Parties.
Section 1.05 Appendix/es). "Appendix(es)" means the appendix(es) serially identified
in this Agreement and attached hereto and incorporated herein by this reference.
Section 1.06 Authority. "Authority" means the Local Development Finance Authority
of the City of Muskegon.
Section 1.07 Authority District. "Authority District" means the area described in the
document attached hereto as Appendix A, within which the Authority exercises its powers.
Section 1.08 Business Incubator. "Business Incubator" means that facility or facilities
identified in the TIPP, and used in a manner provided by the TIPP and authorized by the Act for
a business incubator.
Section 1.09 Certified Technol6gy Park. "Certified Technology Park," means the area
or the areas, within the Authority District, described in the document attached hereto as
Appendix A.
Section 1.10 City. "City" means the City of Muskegon located m the County of
Muskegon.
Section 1.11 Due Diligence Review. "Due Diligence Review" means such
investigations to be completed no later than July 1, 2002 (unless such time period is extended
pursuant to Section 3.04(d)),. with respect to the property to be leased to the University pursuant
2
to the Technology Center Lease as it deems to be reasonably necessary, including, but not
limited to, zoning investigations, environmental investigations and assessments, wetlands
reports, title investigations and exceptions, availability of title insurance, design and construction
plans, and structural inspectio_ns.
Section 1.12 Initial Taxable Value. "Initial Taxable Value" means the taxable value of
that property identified in the Authority's TIFP as property as included within the Plan for
purposes of determining, as of the date the resolution establishing the tax increment financing
plan was approved by the City, tax increment revenues for the Authority.
Section I. 13 Lakefront Development LLC. "Lakefront Development LLC" means a
Michigan limited liability company that will be the owner and the developer of the real estate on
which the SmartZone is located.
Section 1. 14 Local Representatives. "Local Representatives" means the City, the
Authority, and the University.
Section 1. 15 MEDC. "MEDC" means the Michigan Economic Development
Corporation, a public body corporate created under section 28 of Article VII of the State
Constitution of 1963 and the Urban Cooperation act of 1967, 1967 PA 7, MCL 124.501 to
124.512, by a contractual interlocal agreement effective April 5, 1999 between participating
local economic development corporations created under 1974 PA 338, MCL 125.1601 to
125.1636, and the Michigan Strategic Fund or its successor as provided for in the Act.
Section I. 16 Operating Costs. "Operating Costs" means Business Incubator expenses,
and other operational and planning costs authorized by the Act and Public Act 291 of 2000,
including, but not limited to, executive management and other expenses directly related to the
central administration of the Business Incubator such as expenses for insurance, salaries, repairs
and maintenance, marketing, supplies, and utilities.
Section I. 17 Public facilities. "Public facilities" means that term as defined by the Act.
Section 1.18 Ratification. "Ratification" means the document substantially in the
form, attached hereto as Appendix B, evidencing the State Treasurer's approval of the
Authority's TIFP and of the capture by the Authority tax increment revenues authorized by the
TIFP.
Section 1.19 Resolution. "Rl:'solution" means the document creating the Authority
and filed with the Michigan Secretary of State, a copy of which is attached hereto as Appendix
C.
Section 1.20 School Taxes. "School Taxes" means the amounts levied by the State
pursuant to the state education act, Public Act 331 of 1993, MCL 211.901 to 211.906, and
operating levies oflocal and intermediate school districts.
Section 1.21 State. "State" means the State of Michigan.
3
Section 1.22 SmartZone or SmartZones. "SmartZone" or "SmartZones" means the
official Service Mark designation owned and adopted by the MEDC that refers to a "Certified
technology park" or "Ce1iified Technology Parks," respectively.
Section 1.23 Statewide SmartZone Council. "Statewide SmartZone Council" means
the SmartZone advisory group comprised of representatives of each SmartZone and MEDC
representatives.
Section 1.24 Tax Increment Revenues. "Tax Increment Revenues" means that term as
defined by the Act.
Section 1.25 Technology Center. "Technology Center" means the approximately
40,000 square foot building to be constructed and leased by the Authority to the University
pursuant to the terms of the Technology Center Lease.
Section 1.26 Technology Center Lease. "Technology Center Lease" means the Lease
with Purchase Option in a fo1m mutually agreeable to the University, the City, and the Authority
pursuant to which the University would lease the Technology Center from the Authority.
Section 1.27 TIFP. "TIPP" means the tax increment-financing plan to be approved by
the Authority, the City, and the MEDC, which will be attached hereto as Appendix D.
Section 1.28 University. "University" means Grand Valley State University or its
permitted assigns.
ARTICLE II
RIGHTS AND OBLIGATIONS OF THE MEDC
Section 2.01 Designation of the Authority's Certified Technology Park.
(a) The MEDC designates the Muskegon Lakeshore SmartZone, as described
in Appendix A, as the area in which the Authority may establish a Certified Technology
Park
(b) Subject to Section 5.03 of this Agreement, the subsequent failure of any
party to comply with the te1ms of this Agreement shall not result in the termination or
rescission of the designation of_the Lakeshore SmartZone as a Certified Technology
Park.
(c) The designation of the Lakeshore SmartZone as a Certified Technology
Park pursuant to Section 2.01 (a) shall survive the terms of this Agreement, and shall
continue as long as tax increment revenues are received by the Authority.
Section 2.02 Marketing of the SmartZone Program. The MEDC shall market the
SmartZone program. The marketing, if any, undertaken by the Local Representatives of the
Muskegon Lakeshore SmartZone shall be consistent with the purposes and objectives of the
SmartZone program. It is understood that the marketing funds to be expended by the MEDC in
4
fulfillment of its obligation to market the SmartZone program under this Section 2.02 shall be
determined by the MEDC.
Section 2.03 CCF Grant Commitment. If this Agreement is executed by the Parties on
or before July I, 2002, the MEDC shall grant Core Communities Funds (CCF") to the City in the
amount of $ I million ("CCF Grant"), in accordance with terms of the CCF grant agreement (the
"CCF Grant Agreement") agreed to by the MEDC and the City, as specified in Appendix E. The
MEDC understands and agrees that the University shall not be bound by the terms of the CCF
Grant Agreement, and that nothing in this Agreement shall be construed, interpreted, or intended
to impose any of the obligations set forth in the CCF Grant Agreement upon the University. No
CCF Grant proceeds shall be disbursed to the City prior to the approval of the TIFP by the City,
the Authority, and the MEDC.
Section 2.04 Ratification by State Treasurer. The MEDC will use its best efforts to
promptly obtain State Treasury ratification of the Muskegon LakeShore Certified Technology
Park and the TIFP.
ARTICLE III
RIGHTS AND OBLIGATIONS OF THE LOCAL REPRESENTATIVES
Section 3.01 Authorized Capture and Use of Tax Increment Revenues.
(a) All Tax Increment Revenues received by the Authority from the Certified
Technology Park during the term of this Agreement may be expended by the Authority
for all purposes and in those amounts authorized by the TIFP. The Authority may
capture the maximum amount of School Taxes allowed under the Act for purposes
authorized by this Agreement and the TIFP for a period of fifteen (I 5) years for levies
imposed on or after July I, 2005, subject to an annual review by the MEDC. Said MEDC
review shall be limited to assessment of consistency with the TIFP and the Act by the
Authority and shall be completed within sixty (60) days of the delivery by the Authority
of the reports required by Section 3.07 below. In the event that MEDC identifies material
inconsistency/ies during such review, the MEDC shall provide written notice to the
Authority and the other Local Representatives of it within such sixty (60) day period.
Such notice shall detail with particularity any such failure. The Authority shall have the
opportunity to respond to any such notification in a manner consistent with Section
5.03(a) of this Agreement. Should the Authority fail to perform as described in Section
5.03(a), then MEDC may exercise its options as provided for in Article V of this
Agreement. Tax Increment Revenues shall be determined on the basis of an initial
taxable value determined as of December 31, 2000, as authorized by the State Treasurer
and pursuant to the TIFP and the Ratification.
(b) The Authority may enter into one or more contracts with a Local
Representative, an Affiliated Party, or both, to assume, on behalf of the Authority, the
responsibility of operating and planning the activities supported by the Authority,
providing administrative services to the Authority, conducting an integrated marketing
5
study, generating specific marketing plans, identifying methods of facilitating technology
commercialization, and implementation of the integrated marketing program.
(c) The Authority shall create a Technology Center, staffed and operated, or
caused to be staffed and operated, by the University pursuant to the Technology Center
Lease, which will contain research and development laboratories, teleconferencing
facilities, a business incubator with business assistance programs, a technical training and
skills center, and an, office of technology transfer.
Section 3.02 Authorized Use of CCF Grant Proceeds. Proceeds from the CCF Grant
received by the Authority may be expended or disbursed by the Authority, subject to the City's
approval, to the extent not inconsistent with the CCF Grant Agreement, the Act, and the
Operating Costs.
Section 3 .03 Prohibited Uses of Tax Increment Revenues and CCF Grant Proceeds.
Tax Increment Revenues and CCF Grant Proceeds shall not be used to fund the costs of direct
subsidies, programs or services provided to or for tenants in the Business Incubator such as
research stipends or grants, employee compensation subsidies, or grant proposal assistance.
Section 3.04 University Programs and Participation. The University shall develop and
implement such programs designed to foster the use of the Business Incubator and development
of other high technology enterprises located within the Certified Technology Park which are
reasonably consistent with the University's mission and the goals of the SmartZone. Such
programs shall include the following:
(a) A program to support student involvement and assistance in identifying
students and graduates for potential employment.
(b) Technology transfer consultation for proponents of technologies coming
out of the University.
(c) To provide the tenants of the Business Incubator with:
(i) Non-exclusive access to meeting facilities at the Technology
Center;
(ii) Access to such library services as would not violate the
University's existing rights to authorize such access or would materially increase
the University's cost to acquire the right to access such services; and
(iii) Notice of publicly advertised open faculty positions.
(d) Staff and manage the Technology Center pursuant to the terms of the
Technology Center Lease. Notwithstanding anything to the contrary contained in this
Agreement, the University's obligation to enter into the Technology Center Lease is
subject to satisfactory completion by the University of its Due Diligence Review. The
University shall have until July 1, 2002 (the "Due Diligence Period") within which to
conduct its Due Diligence Review. The University shall have the right to extend the Due
6
Diligence Period until the earlier of (1) a date specified in writing by the University or
(2) September 1, 2002, by delivering written notice to the MEDC and the other Local
Representatives of such election. If the University is not satisfied in its discretion with
any material aspect of its Due Diligence Review, then the University shall provide
written notice to the MEDC and the other Local Representatives specifying the due
diligence issues with respect to which the University is not satisfied. The City and the
Authority shall have thirty (30) days from the date of the notice to cure or correct the
issues identified by1 the University. During such thirty (30) day period, the University,
the City and the Authority agree to negotiate in good faith regarding the resolution of any
identified due diligence issues. If all such issues are not cured or corrected to the
satisfaction of the University within such thirty (30) day period or if the University, the
City and the Authority do not agree on the forrn of Technology Center Lease, then the
University shaltbe under no obligation to enter into the Technology Center Lease and
may withdraw from this Agreement.
Section 3.05 Private Sector Participation. The following actions shall be taken to
encourage and support private sector support and participation in the development and attraction
of high technology activities to the Muskegon LakeShore SmartZone:
(a) The Local Representatives shall use commercially reasonable efforts to
develop and implement strategies to facilitate the commercialization of technologies in
the Muskegon LakeShore SmartZone.
(b) The Local Representatives shall use commercially reasonable efforts to
continue their support of the Business Incubator pursuant to the terrns and conditions of
this Agreement.
(c) The Local Representatives shall use commercially reasonable efforts to
obtain written statements with Affiliated Parties to provide: funding or in-kind
contributions to the Muskegon LakeShore SmartZone; and services, market access and
assistance to tenants of the Business Incubator and towards the development of high
technology activity within the Muskegon LakeShore SmartZone.
(d) The Local Representatives shall use commercially reasonable efforts to
encourage an Affiliated Party to establish a Venture Capital Fund in the amount of at
least$ 250,000 in support of the Muskegon Lakeshore SmartZone start-up companies.
(e) The Local Representatives shall use commercially reasonable efforts to
obtain an agreement with Lakefront Development, LLC, under which agreement,
Lakefront Development, LLC shall donate to the Authority the land upon which the
Technology Center will be constructed.
(f) The Local Representatives will provide the MEDC with a business plan
for the Technology Center, no later than November 1, 2002.
The obligations of the Local Representatives under this Section 3 .05 may be fulfilled even if all
Local Representatives have not engaged in each such activity provided that at least one Local
Representative has engaged in each such activity.
7
Section 3.06 MEDC Membership on the board of the Authority. The Authority shall
appoint an MEDC representative, selected by the MEDC, as an ex-officio non voting member to
its board.
Section 3 .07 Reporting Requirements. The Authority shall provide, or cause to be
provided to, MEDC and the University with an annual report containing the following
information:
(a) A summary of the Muskegon LakeShore SmartZone operations, including,
but not limited to, good faith estimates of the following: number of businesses assisted,
number of businesses locating or expanding in the Muskegon LakeShore SmartZone,
number of jobs created/retained, number of on-going and completed research projects,
number of on-going and completed commercialization projects, and amount of
investments in the Muskegon LakeShore SmartZone.
(b) The use of Tax Increment Financing funds during the prior fiscal year of
the Authority.
(c) The proposed use of tax Increment Financing funds for the next fiscal year
of the Authority.
(d) Any modifications sought to this Agreement or to the TIFP.
Section 3.08 Use of SmartZone Service Mark. The Local Representatives shalJ use the
SmartZone Service Marking in conformity with the specifications set forth in the document
attached as Appendix F.
Section 3.09 Amendments to the TIFP. The Authority and the City shall not amend the
TIFP without the approval of the MEDC and the University, which approval shall not be
unreasonably withheld, conditioned or delayed.
Section 3 .10 Statewide SmartZone Council. The Local Representatives agree to
appoint a representative to the Statewide SmartZone Council and shall assist the MEDC in
developing a marketing plan for the SmartZone program; provided, however, that nothing in this
Section 3. IO shalJ constitute a commitment on the part of the Local Representatives to expend
any of their own funds on any such marketing plan.
ARTICLE IV
INTELLECTUAL PROPERTY
Section 4.01 Service Mark. The MEDC owns the Service Mark SmartZone and
SmartZones and hereby grants a limited license to use the mark SmartZones, in accordance with
guidelines establi.shed by the MEDC, to the Local Representatives and the Muskegon Lakeshore
Ce11ified Technology Park. The MEDC retains the exclusive right to revoke the Service Mark
license or to suspend or revoke the designation of SmartZone to any Certified Technology Park.
8
ARTICLEV
TERM, TERMINATION, AND DEFAULT
Section 5.01 Term. The term of this Agreement shall commence on the Agreement
Date and shall expire December 31, 2025, and shall continue until termination by the first to
occur of the following:
(a) Expiration of the Term of the Agreement.
'
(b) An action, other than one caused by an Event of Default by any of the
Parties, by any of the following means that voids, suspends, terminates or revokes the
approval by MEDC of the Authority District as the area in which the Authority may
establish a Ce1iified Technology Park or the authorization for the Authority to capture
and use of Tax Increment Revenues for all purposes permitted under Section 3.01.
(i) Court order;
(ii) Any ruling, bulletin, order, administrative, or executive decision of ·
the State, State Tax Commission, any State official, or State commission,
authority, body or employee with authority to make such determination or take
such action;
(iii) State or federal legislative action.
(c) The involuntary dissolution or liquidation of the Authority
(d) The voluntary termination of this Agreement by the MEDC and the Local
Representatives. It is understood that none of the Parties shall umeasonably withhold
their consent to tenninate this Agreement under this Section 5.01 (d), ifit should be in the
best interest, under good business practice standards, to terminate this Agreement.
(e) Withdrawal from this Agreement pursuant to Section 5.06.
(f) Refusal by the State Treasurer to ratify the Muskegon LakeShore
Certified Technology Park and the TIFP pursuant to Section 2.04 of this Agreement.
Section 5.02 Rights of the Authority. The expiration of the Term of this Agreement
shall not affect the rights of the MEDC in connection with its SmartZone Service Mark .
.
Section 5.03 Default
(a) An event of default under this Agreement and the term "Event of Default"
or "Default" shall mean, whenever they are used in this Agreement, the failure by the
University, the Authority, or the City to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Agreement for a period of
forty-five (45) days after written notice, specifying such failure and requesting that it be
remedied, shall have been given by the party providing notice of Defaulf to all other
parties; provided, however, that if the failure is such that it can be corrected but not
9
within such 45-day period, and corrective action is instituted within such period and
diligently pursued until such failure is corrected, then such period shall be increased to
such extent necessary to enable the party failing to observe or perform any covenant,
condition or agreement to observe or perform such covenant, condition, undertaking or
agreement through the exercise of due diligence. The MEDC is not bound by the period
for cure described herein in the event of a failure by the Authority to comply with Section
3.0l(a) of this Agreement.
(b) Except as provided herein, whenever an Event of Default referred to in
Section 5.03(a) above shall have occurred and be continuing, any non-defaulting party
may take whatever action at law or in equity as may appear necessary or desirable to
enforce performance and observance of this Agreement.
( c) Subject to Section 5.04 of this Agreement, whenever an Event of Default
is caused by the failure of a Local Representatives, the MEDC shall have the right to
exercise any one or more of the following remedies:
(i) Suspend or revoke of the SmartZone Service Mark designation
granted to the Muskegon Lakeshore Certified Park or any portion thereof.
(ii) Cease to market, as otherwise agreed to by the MEDC under
Section 2.02, or revoke pennission to market, under Section 3.08, the Muskegon
Lakeshore Certified Technology Park as a SmartZone. If the MEDC exercises this
remedy, the Local Representatives shall be able to continue to market and
operated the Muskegon Lakeshore SmartZone as the Muskegon Lakeshore
Certified Technology Park during .the term of this Agreement.
(iii) Suspend or revoke of the limited license granted under Section
4.01, above, of the use of the Service Mark "SmartZone" to any of the local
Representatives, or the Muskegon Lakeshore SmartZone.
(d) Whenever an Event of Default is caused by a failure of the Authority
under Section 3.0l(a), the MEDC, in addition to its rights under Section 5.03(b) or (c)
above, shall have the right to suspend or revoke the capture of School Taxes, in whole or
in part, to the extent that said School taxes are not applied to satisfy existing outstanding
obligations.
Section 5.04 Dispute Resolution.
(a) Disputes related to the CCF Grant Agreements. Any act of default by the
City in connection with the CCF Grant Agreements, shall be governed exclusively by the
terms set forth in the CCF Grant Agreement.
Cb) All other disputes. If a dispute arises under this Agreement, which
cannot be resolved within the period for cure provided in Section 5.03(a), subject to the
exception provided therein, before exercising any of the rights contained in Section
5.03(c), the Parties agree to first try to resolve the dispute with the help of a mutually
10
agreed-upon mediator in Lansing, Michigan, prior to exercising any rights or remedies
under Section 5.03. Any costs and fees other than attorney fees associated with the
mediation shall be shared equally by the Parties. If the Parties cannot agree on the
selection of a mediator within ten (10) calendar days, then the Parties shall ask the
American Arbitration Association to appoint a mediator to serve them in resolving their
dispute.
Section 5.05 Limitations upon Obligations and Remedies.
(a) The amendment, revocation or suspension by the State Treasurer of the
Ratification or any authorization conferred upon the Authority by Section 3 .01 above,
shall waive all obligations imposed upon a Local Representative under Article III above.
(b) If the State Treasurer refuses, for any reason whatsoever, to approve the
capture of Tax Increment Revenues attributable to School Taxes, revokes or suspends its
approval of such capture in whole or in part, or requires reimbursement, for any reason,
from a Local Representative in connection with the capture of Tax Increment Revenues
attributable to School Taxes which the State Treasurer subsequently determines to be
impermissible, the MEDC will have no liability to a Local Representative for damages
caused by such action of the State Treasurer and this Agreement will not be construed to
impose any liability upon or require the MEDC or a Local Representative to repay the
CCF Grant or any obligation or reimbursement payable from Tax Increment Revenues.
(c) The authorization to use the MEDC's Service Mark "SmartZone"
extended to the Local Representatives shall cease immediately upon termination or
dissolution of the MEDC, without requiring any action of the MEDC.
Section 5.06 Withdrawal.
(a) If the City and the Authority fail to approve the TIFP by July 1, 2002, then
any Party to this Agreement shall have the right to withdraw from this Agreement after
July 1, 2002 until the earlier of (1) the date the TIFP is approved by the City and the
Authority and (2) August 1, 2002.
(b) If the University extends the Due Diligence Period past July 1, 2002
pursuant to Section 3.04(d), then the MEDC may withdraw from this Agreement at any
time after July 1, 2002 until the earlier of (1) the date the University ends its Due
Diligence Period or (2) September 1, 2002.
(c) If the Technology Center Lease is terminated pursuant to its tenns, then
the parties to the Technology Center Lease may withdraw from this Agreement.
(d) The University may withdraw pursuant to the terms of Sections 3.04(d).
Section 5.07 Liability is not joint. Notwithstanding anything to the contrary contained
in this Agreement, (1) the liability of the Local Representatives is not joint, and (2) each Local
11
Representative is only liable for its specific obligations set forth in this Agreement and is not
liable for the obligations of any other Local Representative.
Section 5.08. University Liability. THE SOLE AND EXCLUSIVE REMEDIES FOR
BREACH BY THE UNIVERSITY OF ITS OBLIGATIONS UNDER THIS AGREEMENT
AND THE SOLE REMEDIES FOR THE UNIVERSITY'S LIABILITY OF ANY KIND
(INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT AND ALL OTHER
PERFORMANCE BY THE UNIVERSITY RELATED TO THIS AGREEMENT SHALL BE
THE REMEDIES SET FORTH IN SECTION 5.03 AND IN THE TECHNOLOGY CENTER
LEASE. IN NO EVENT SHALL THE UNIVERSITY'S LIABILITY OF ANY KIND
INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES, EVEN IF THE UNIVERSITY SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
ARTICLE VI
MISCELLANEOUS
Section 6.01 Designation of MEDC Chief Executive Officer. The Chief Executive
Officer of MEDC, or his designee, is designated as the authorized officer to make determinations
and approvals on behalf of the MEDC related to the satisfaction of any condition imposed by this
Agreement upon a Local Representative, the terms of any performance required by a Local
Representative, or the terms of any agreement entered into by a Local Representative with
another person or organization which is subject to MEDC approval.
Section 6.02 Entire Agreement. This Agreement, including all its Appendixes and
Exhibits, sets forth the entire agreement between the Parties and supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the Parties in any way related to the subject matter hereof, except as expressly stated
herein.
Section 6.03 No Presumption. This Agreement shall be construed without regard to
any presumption or other rule requiring construction against the Party causing this Agreement to
be drafted.
Section 6.04 Severability of Provisions. If any provision of this Agreement, or its
application to any Party or circumstance, is invalid or unenforceable, the remainder of this
Agreement and the application of that provision to other Parties or circumstances is not affected
but will be enforced to the extent permitted by law.
Section 6.05 Governing Law. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced and governed under the laws of the
State of Michigan without regard to the doctrines of conflict of laws. The language of all parts
12
of this Agreement shall in all cases be construed as a whole according to its fair meaning,. and
not construed strictly for or against any Party.
Section 6.06 Captions. The captions, headings, and titles in this Agreement are
intended for the convenience of the reader and not intended to have any substantive meaning and
not to be interpreted as part of this Agreement.
Section 6.07 Terminology. All terms and words used in this Agreement, regardless of
the numbers or gender in which they are used, are deemed to include any other number and any
other gender as the context may require.
Section 6.08 Cross-References. References in this Agreement to any Article include all
Sections, subsections, and paragraphs in the Article; references in this Agreement to any Section
include all subsections and paragraphs in the Section.
Section 6.09 Jurisdiction and Venue. In the event of any disputes between the Parties
over the meaning, interpretation, or implementation of the terms, covenants or conditions of this
Agreement, the matter under dispute, unless resolved between the Parties, shall be submitted to
the courts of the State of Michigan.
Section 6.10 Amendment. The Agreement may be amended or an alternative form of
the Agreement adopted only upon written agreement of the Parties.
Section 6.11 Independent Contractor. The Parties agree that at all times and for all
purposes under the terms of this Agreement each Party's relationship to any other Party shall be
that of an independent contractor. Each Party will be solely responsible for the acts of its own
employees, agents, and servants. No liability, right, or benefit arising out of any
employer/employee relationship, either express or implied, shall arise or accrue to any Party as a
result of this Agreement.
Section 6.12 Counterpart Signatures. This Agreement may be signed in counterpart.
The counterparts taken together shall constitute a single agreement. It is understood that the
Parties may execute this Agreement pending the approval of the TIFP by the Authority, the City
and the MEDC.
Section 6.13 Notices. Any notice, request or other communication to be given by any
party hereunder shall be in writing and shall be sent by registered or certified mail, postage
prepaid, or by hand delivery or facsimileJransmission to the following address:
To the Authority: Muskegon Local Development Finance Authority
933 Terrace Street
Muskegon, Michigan 49443-0530
Telephone No.: (231) 724-6702
Facsimile No.: (231) 724-6790
To the City: City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443-0530
13
Attn: City Manager
Telephone No.: (231) 724-6724
Facsimile No.: (231) 722-1214
TotheMEDC: Michigan Economic Development Corporation
300N. Washington Square
Lansing, Michigan 48913
Attn: General Counsel
Telephone No.: (517) 335-5883
Facsimile No.: (517) 241-5968
To the University: Grand Valley State University
158 Lake Michigan Hall
Grand Valley State University
Allendale, MI '49401
Attn.: General Counsel
Telephone No.: (616) 895-2067
Facsimile No.: (616) 895-3950
And with copy to Dykema Gossett PLLC
(which shall not 300 Ottawa Avenue, N.W., Suite 700
constitute notice): Grand Rapids, MI 49503
Attn: Mark E. Derwent
Telephone No.: (616) 776-7500
Facsimile No.: (616) 776-7573
or to such other address as either party may hereafter designate. Notice shall be deemed to have
been given on the date of delivery if such delivery is made on a business day, or if not, on the
first business day after delivery. Notice sent by facsimile transmission shall be deemed given
upon confirmation that such notice was received at the number specified above or in a notice to
the sender.
Section 6.14 No Waiver. No waiver by MEDC or a Local Representative of any breach
of obligations, agreements or covenants herein shall be a waiver of any subsequent breach of any
obligation, agreement or covenant, nor shall any forbearance by the MEDC or a Local
Representative to seek a remedy for any breach by the another party to this Agreement be a
waiver of any rights or remedies with respect to such or any subsequent breach, nor shall any
express waiver by the MEDC or a Local Representative be deemed to apply to any other existing
or subsequent right to remedy any default by another party to this Agreement. nor shall any
waiver by MEDC or a Local Representative of any default or breach by another party to this
Agreement in the performance of any of the covenants or obligations under this Agreement be
deemed to have been made by the MEDC unless contained in a writing executed by the waiving
party. None of_the Parties waive any immunities provided by law.
Section 6.15 Successors and Assigns. This Agreement shall be binding upon, and
inure to the benefit of, the successors and assigns of the MEDC and the Local· Representatives.
Except as otherwise provider herein, this Agreement and the rights and obligations hereunder
14
shall not be assignable or transferable by the Local Representatives without the prior written
consent of the MEDC.
Signatures on the following page.
''
15
l\1ICHIGAN ECONOMIC DEVELOPMENT
CORPORATION
WITNESSES:
BY: U?, ~:lf (
DougR well
ITS: President & Chief Executive Officer
DATE: _ _ _ _ _ _ _ _ _ _ __
Address: 300 N. Washington Square
Lansing, Michigan 48913
CITY MUSKEGON
BY:
ITS: Mayor
DA TE: mco LI '1 12crrz
Address: 933 Terrace Street
Muskegon, Michigan 49443-0530
16
MUSKEGON LOCAL DEVELOPMENT
FINANCE AUTHORITY
BY: fltni,.z£ef~~
Donald Seifert I
ITS: Chairperson
Address: 933 Terrace Street
Muskegon, Michigan 49443-0530
GRAND VALLEY STATE
UNIVERSITY
BY:
ITS: President
Address: 158 Lake Michigan Hall
Grand Valley State University
Allendale, MI 49401
17
Appendixes
Appendix A ................. Description of the Authority District, Certified Technology
Park and Public Facilities.
Appendix B ................. Ratification by State Treasurer.
Appendix C ................ Copy of Resolution creating the Authority
'
Appendix D ............ Authority's Tax Increment Financing Plan
Appendix E ................... Copy of Core Community Fund Grant Agreement
Appendix F . . . . . . . . . . . . Service Mark Specifications
18
APPENDIX A
TO BE PROVIDED BY THE CITY OF MUSKEGON.
EXHIBIT A
Description ofBoundade~ of District 3 (Muskegon Lake,sh<>re SmnrtZonc)
The boundaries of the proposed district as revised within which the local devdopmc:nt
limmcc aulhori ty shall exercise its powers are as follows:
Parcel Description:
Block 554, and Lots 6, 7 and 8 of Block 558, of the Revised Plat of the City of Muskegon, as
r~corded in Libe:n- 3 of Plat:;, Page 71, Muskegon County Records, lying Northerly of a line
described as: Commence at the intersection oflh~ Northe,1::;terly line of Terrace Street, being the
Southwesterly line of Block 557 e.xtendcd to thc·ccntcrlinc of vacated Water Street; thence North
62°44'00" West 381.45 feet along the northeasterly right of way line of Terrace Street; thence
Westerly 269.86 Feet, along said no1ihcastcrly right of way line, said line being a 302.48 foot
radiu.~ curve to the left with a central auglc of 51 °07' 00" and a chord which bears North
88° 1TJO" West 261.00 feet, to the line between Lots 5 and 6 of said Block 558; thence North
46°09'15" West 85.84 feet, along said line, to the PLJ\CE OF BEGTNNTNG OF THlS
DESCRJPT10N: Thenc" North~a~le,rly 635.15 feet along a 803.25 foot radius curve to the right,
having a central auglc of 45"18' 19" and a chord which bears North 70°04 '05" East 618. 73 feet;
tbence South 87° 16'46" East 222.59 feet; thence No1ib 02°43'14" 'East 55.00 feet; thence South
87°16' 46" East 120.00 feet; thence South 02°43' 14" West 55.00 feet; thcuco So,1th 87"16' 46"
Easl 904.15 Ji::c:L; thence Northeasterly 548. 72 feet, nloug a 1272.34 foot radius curve to the left,
having a central angle of24°42'35" and a chord which bears North 80°21 '56" East 544.48 feet
to the place of ending.
EXCEPT THE FOT.LOWTNG
Part of Block 558, commt--ncc al the inlcr,;t,clion of the Northea!.ierly line of Terrace Street
extended to the centerline of vacated Water Street; thence North 62 degrees 44 minutes 00
seconds West along the Northeasterly line of Terrace Street i;xtcndcd 381.45 !eel; thence
Westerly along the arc of a 302.48 foot radius curve to th~ lefl 269.86 feet to the line between
Lots 5 and 6 of $aid Block 558 (long chord bears North 88 degrees 17 minutes 30 scconc.ls West
261 feet); thence North 46 degrees 9 minutes 15 seconds West along said line between Lots 5
and 6, 534.25 feet to the place ofheginning; thence North 27 degxees 25 minutes 55 seconds East
925.82 feet to a point referred to as Point"/\"; thence continue North 27 degrees 25 minutes 55
seconds Ea.~t 5 foet_, more or less, to the shore of Muskegon Lake; thence Northwesterly and
Southwesterly along Lhe shore of Muskegon Lake 1]50 feet, more or less; thence South 46
degrees 9 minutes 15 seconds East a1ong said line beLween Lots 5 and 6, 820 feel, more or kss,
to the place of beginning.
Property Commonly Knowi1 As: Fonner Teledyne Continental Motors Site
DEl.JB2247223.J\063684-00024
4
APPENDIXB
JUN 1::J:) C:~J,:'.JC: ~~;44 t-t'I'; ivlt:.LJl..,-JjU:::i ~C:.KVIL.c:::i ~! r C.41 ~OOl!J fV :::i!c....:;1 rC.40f::J10
RATIFICATION AGREEMENT BY THIE MICHIGAN
DEPARTMENT CIF TREASURY
WHIEREAS, the Michigan Legislature passed and the Governor signed Public Act 248
of 2000 to promote, inter a/ia, the development of high technology businesses
throughout the State of Michigan; and
WHEREAS, the Michigan Economic Development Corporation ("MEDC") has been
authorized by Public Acl 281 of 1986, as amended, being MCL 125.2151 et seq. (the
"Act"), to designate a certain number of certified technology parks within the State ·of
Michigan, by December 31, 2002; and
WHEREAS, the MEDC, for strategic marketing purposes, has chosen to designate the
aforementioned certified technology parks as "SmartZones•; and ·
WHEREAS, the MEDC issued a Request for Proposals for Smar!Zone designation: and
WI-IIEREAS, the City of Muskegon ("City"), Grand Valley State University ("Univen;ity"),
and the Muskegon Local Developmen1 Finance Authority ("Authority") submitted a
Proposal the to the MEDC requesting designation as a Certified Technology Parl( of
certain areas located within the City's jurisdiction; and
WHIEREAS, !he Authority and the City approved a the lax increment financing plan
-· ("TIFP''), pursuant to the Act: and
WHEREAS, the MEDC, the City, the Authority, and the University have entered Into an
agreement ("The Muskegon Lakeshore SmartZone Agreement"), which contemplates
the capture of lifly percent (50%), of the amounts levied by the State pursuant to the
state education act, Public Act 331 of 1993, being MCL 211.901 to 211.906, and loc;il
and intermediate school districts for a period of fifteen (15) years for levies imposed on
or after July 1, 2005, (such levies collectively referred to as the "Capture"), on the basis
of an initial taxable value determined as of December 31, 2000, for all purposes and in
those amounts authorized under !he Act by !he T!FP; and
WHEREAS, a condition of :he effectiveness of lhe Muskegon Lakeshore SmartZone
Agreement under the Act, is that the Michigan Department of Treasury, through the
State Treasurer, would accept and approve the Capture for the purpose of reducing
unemployment, promoting economic growth, and increasing capital investment in the
Cily, as determined by the State Treasurer; and
WHEREAS, the State Treasurer has reviewed the terms and conditions of the Capture
and found them to be acceptable. ,
JUN 05 2002 09:45 FR MEDC-BUS SERVICES 517 l41 ~b~~ tU ~l~~i 1~4bl~~
NOW THEREFORE, !he Michigan Department of Treasury by its State Treasurer,
ratifies, confirms and agrees by this instrument lo accept and approve, the Capture
under !he following terms and conditions:
1. The Muskegon Lakeshore Certified Technology Park shall be allowed lo
capture fifty percent (50% ), of the amounts levied by !he State pursuant lo the
slate educa!ion act, Public Act 331 of 1993, being MCL 211.901 to 211.906,
and local and intermediate school districts for a period of fifteen {15) years for
levies imposed on or after July 1, 2005, on the basis of an initial taxable value
determined as of December 31, 2000, for all purposes and in those amounts
as detailed in the TIFP and authorized under the Act.
Signed on behalf of.the Michigan Department of Treasury this·_~ day
of _ _ __, 2002.
MICHIGAN DEPARTMENT OF TREASURY
By:· _ _ _ _ _ _ _ __
Douglas B. Roberts
State Treasurer
·. ._,, This ratification ls agreed to and
accepted this _ _ day of _ ___, 2002 in full
compliance with Section 2 of Public Act 281 oi 1986, as amended, being MCL 125.2151
et seq,
THE MUSKEGON lAKESHORE LOCAL DEVELOPMENT
FiNANCE AUTHORITY
By: ~Aq.~
onaldSelfert
Chairperson
** TOTAL PAGE.03 **
APPENDIXC
TO BE PROVIDED BY THE CITY OF MUSKEGON.
RESOLUTION CREATING LDF A DISTRICT
2001-133(c)
Minutes of a reguln:r meeting of the City Commission of the City of MU5kegon, County
of Muskegon, State of Michigan, held at the Cily Hall in ,aid City on the 13th day of November,
2001, at 5:30 o'clock p.m. prevailing Eastern lime.
PRESENT: Memb~r$ -.-~::,..,hJ.Se.,o"'h,.ee,;rd"--,_,,.""'.p"'2,,ta"'r,..:·o,__,.....::Aeas"'l"'ak,,,s,,'o~n,._,,-"'B"'en.,,es;d,._,i"'.c"'1;..,_,_Flce1,._1i,_,ec,.,_ _ __
Nielsen SchwP.HlP.r
ABSENT: Members ---'N,,o,en,::e'------ _____ ....................._.... ___ .. , ..____ .... . .. _______ ...
The following preamble and resolution were offered by Member -~.S~pa=t=a~r~o_ _ and
supported by Member ..:'ichweiflcr:
\VHEREA.S, pursuant to the proYisions of Act 281, Public Acts of Michigan, 1986, as
amended ("Act 281 ") tht: City of Muskegon (the "City") created the Local Development
Fimmc(: Authorily of the City of Muskegon (the "Authority") by a resoh1tion adopted by the City
Commission (the "LDFA Resolution''); and
WHEREAS, the City Commission has decided to create a new district, lhe Mu~hgon
L~keshore SmartZ.o.ne, Di:ttrict 3 ( "Di,irict 3 ") within which th" Authority exe,Tcisi,$ its powers
(the "Distric..-t''); and
WHEREAS, pursuant to Act 281 the City is required to hold a public hearing on I.he
proposed establishment of District 3; (lild
WHEREAS, on August 28, 2001, tbe City Commission conducted a public hearing on
the proposed establishmeut of District 3; and
WHEREAS, more t:h<II! 60 days have elapsed since the public hearing and the City Clerk
ha.snot received any resolutions from a ta.'<i.ng unit subject to capture exempting its taxes from
capture; and
W1·TERTIAS, u.Jter consideration the City Commission hns detem1i.ned to approve the
establishmem of Distriv, J.
NOW; THEREFORE, BE TT RESOLVED THAT:
I. ,Determination or Neccssi!Y. The City Commission hereby detennines Lhal it is
necessary for the best intt:rests o:f the City to create District 3 in order to eliminate th~ causes of
unemployment, underemployment and joblesrness and to promote economic growth in the City.
2. Designation of Boundaries ofDistric\. The boundaries of the District in which the
Authority shall exercise its powern u;; provided in Act 281 shall consist of the territory <Jf the
1
OSLS v2L IE2 ~u1uue1d uo~a~snw jO ~~,J
Ciry dt:sc-ribed in Exhibit A (District 3) attached hereto and mat!e a part hereof. subject ro such
changes as may h~reinal1:t!r be made purs1.rn11t to Act 281.
3. Amendment of the LDFA RcsolULion; Conflict and Scvcrabilirv. The LDl' A
Re~olution b hereby amencied to incorporate the arm.-nded bou11daries of the District as smcd
above me.I is otherwise ratified and confim1ed as being in full force and effect. All other
ordinances, resolutions anc.l orders or parts thereof in .conflict with the pruvisions of this
resolution are to the cxtoot of such conllicl hereby repealed.
4. Publication. Recording and Filing. This re30Jution shall be published once after
its adoption in ii.J.11 in the Muskegon Chronicle, a newspaper of general circulation in the City of
Muskegon and the City Clerk shall file a certi£ed copy of the resolution with th~ Michigil.Il
Secretary of State promptly after its adoption.
5. Effective Dale. This resolution shall tnke effect immediately upon its publication.
2
06l9 ~2l 182 ~u1uue1d uo~a~snw Jo h~l~
C~:P,JIFTCA TF.S
1 hereby certify that the forcgoi:Ilg is a true and complete copy of a Re~olution duly
adopted by the City Commission of the City of Muskegon, Cow1ty of rvfoskcgon, State of
Michigan, at a regular meeting held on November 13, 2001, and that ,aid meeting wns conducted
a11d public notice of said.meeting was given pursuant to and in full compliance with the Open
lvJeetings Act, being Act 267, Public AL-ts ofMicbigan, 1976, as amended, and that the m.inutcs
of said meeting were kept and will be or_ bavc been made available as retruired by said i\ct.
l further certify thll.t the following lvfomb<Jrs were present at said mcc!ing
_ Sheoherd, Sontnro-; Aslakson, Bc1'cdict, B!f,fo, NiRl:.rnn, Schwei n~r
And that the following Members were absent _..,_N,.,,o"'n"'"'-~~----------...c.·
I further certify that Membe.r Spn tnro moved adoption of said resolution and
that Member Schweifler supported said motion.
l further certify that the following Mcmbc'r~ voled for radoption of said resolution
·e~rakro, """:ec'ict Blie, Nie1°€".! ~let', $:a:;her'd; :-pcrtam and ,that the following
Ncr
. Members voted ag.ci:n:lt a<loption of ,aid resolution ·-· . '
. tk.-,. -~~
City Clerk 0
I hereby rnrtify that the foregoing resolution received _legal publication in the Muskegon
Chronicle on November 22 ,2001, and that a ccrtiiied copy of the .foregoing re,Qlutian was
filed with the Michigan So::cretary of State on NQvPmb"r 16, ~ I . · . .' ·
LO_ City Clerk
wk,.~~,,)
J
06L9 v2L 1E2 ~u,uue1d uo~a~snw io ~~,~ eLv'LD 20 S2 ..Jdl:I
APPENDIXD
Authority's Tax Increment Financing Plan
THIS DOCUMENT WILL BE ATTACHED UPON
APPROVAL BY THE AUTHORITY'S BOARD, THE
CITY, AND THE MEDC.
APPENDIXE
Michigan Economic Development Corporation
Core Communities Fund (CCF) Program
ECONOMIC DEVELOPMENT CCF GRANT AGREEMENT
Preamble
The Michigan Economic Development Corporation, a public body corporate (called
"MEDC"), having its principal offices at 300 North Washington Square, 4th Floor,
Lansing, Michigan 48913, and the City of Muskegon, a Municipal Corporation, with offices
at 933 Terrace Street, Muskegon, Michigan 49443-0530, (hereinafter called the "City"),
enter into this agreement, referenced as project number CCF-118 effective---~ 200 .
Section A. Purpose and Term
1. The purpose of this agreement is to assist the Grantee in financing infrastructure
improvements under a certain local economic development project (called "Project"), as
more specifically identified in the City of Muskegon's grant application dated _ __, 2001,
and set forth in the attached Exhibits "A" and "B". Such assistance shall be provided by
MEDC in the form of Core Communities Fund funding, pursuant to Public Act 291 of 2000
and Public Act 281 of 1986.
2. The project shall be completed by _ _ _ _ __, __. The term of the Project
shall be twelve months (12) from the effective date of _ _ __, 200 t o - - ~ 200_,
although as specified elsewhere in this agreement, certain rights and obligations of the
parties shall survive the term of the Project.
Section B. Funding
1. MEDC shall provide the Grantee the lesser of $1,000,000 or the actual cost of
completing the Project plus an additional amount of $350 in Core Communities Fund
monies for a project sign. The parties acknowledge that such amount is Core Communities
Fund monies which have been appropriated under Public Act 291 of 2000 to the MEDC,
and which MEDC administers to qualifying communities for qualifying projects, and that
such funds are subject to applicable state and federal laws, rules, and policies. This grant
is dependent upon the MEDC's continued receipt of Core Communities Fund monies. This
agreement is serially identified as Appendix F to the Muskegon Lakeshore SmartZone
Agreement.
2 . Periodic disbursements of the grant funds by MEDC to Grantee shall be for the
project costs set forth in the attached Exhibit "B" Project's Authorized Budget, and shall
be made from time to time in the manner and method prescribed by MEDC.
1
Section C. Administration
1. All reports, approvals, and correspondence from the Grantee to the MEDC shall
be sent to the Grant Administrator, as follows:
Grant Administrator
Core Commnnities Fund Program
Michigan Economic Development Corporation
300 North Washington Square, Fourth Floor
Lansing, Michigan 48913
Correspondence from th~ MEDC to the Grantee shall be sent to the address noted
in the preamble to this agreement.
2. Grantee shall secure written approval of the MEDC's Grant Administrator for
all amendments, including but not limited to:
a. all changes of substance in the Scope of Work, as such phrase is def"med in
Section D, paragraph 1, including new activities or alteration of existing
approved activities;
b. all extensions of time for performance under this agreement;
c. Changes among approved Core Communities Fund funded items in the
Project Budget approved by MEDC, which exceed $10,000.
Amendment requests made by the Grantee must be submitted in writing to the Grant
Administrator by an authorized local official of the Grantee. Approval of amendment
requests by the MEDC shall be in writing and signed by the Grant Administrator.
3. Should any ambiguities exist between the provisions of this agreement, including
the attached exhibits, and those of any previous agreements, offers, bids or other
documents, the provisions of this agreement shall govern. The headings used in this
agreement are for convenience only and are not expressive of any substantive intentions or
agreement of the parties.
Section D. Scope,ofWork and Compliance Activities
1. The activities identified .in the application dated _ _ _ ____, 2001, and set forth
in Exhibits "A" and "B" shall be completed.
2. Any work performed in completing the Project will be or was done in compliance
with applicable state and federal laws, rules, and policies.
3. Beginning _ _~ 200 , and every six (6) months thereafter during the term
of the Project, the Grantee shall p;ovide the Grant Administrator with a program progress
report. Within 60 days after completion of the term of the Project, the Grantee shall file a
2
final program progress report with the Grant Administrator.
4. During each of the Grantee's fiscal years in which a disbursement of MEDC
funds is made under this agreement, the Grantee shall file an Audit Report that must be
prepared by an independent auditor. The audit shall be submitted to the Grant
Administrator within 30 days after completion of the audit, but not later than nine months
after the close of the Grantee's fiscal year. The audit report should also identify the source
and uses of the Core Community Fund monies.
5. A project signI shall be erected on the project within thirty (30) days after the
Grant Agreement is executed by the Grantee. The Grantee is responsible for contacting
the sign vendor and providing the city name, project name, and shipping address. The sign
vendor is: Mr. Scott Hildebrant, ImageLine Productions, (517) 729-7446, whose offices are
located at 811 West Main, Owosso, Michigan 48867. CCF administration funds may be
used to cover the cost of the sign. The CCF budget has been adjusted to reflect this cost,
which is expected to be approximately $350. The sign must be located on the project site in
the most visually accessible place to ensure maximum public exposure.
Section E. Breach and Termination
1. If the Grantee fails to comply with any provision of this agreement, MEDC shall
have the option to suspend or restrict disbursements under this agreement and shall notify
Grantee of the same. Once notice has been sent to Grantee, Grantee agrees that it will not
incur any new obligations until notified in writing by MEDC that the suspension or
restriction has been terminated; provided however, that MEDC will allow all necessary
and proper costs which the Grantee could not reasonably avoid during the period of any
suspension or restriction.
2. The MEDC may terminate this agreement in whole or in part, at any time, if
MEDC determines that Grantee has failed to comply with any provision of this agreement.
In such an event, MEDC shall notify Grantee of the termination.
3. Should MEDC terminate this agreement because of the Grantee's
noncompliance, the Grantee shall be responsible for repayment of any funds received
under this agreement.
4... The MEDC and Grantee may terminate this agreement in whole or in
part, if both parties agree that the continuation of the project would not produce
beneficial results commensurate with the further expenditure of funds. In such
event, the parties shall agree upon th'e conditions of termination, and amend this
agreement accordingly. In no event, shall the Grantee incur new obligations for any
non-terminated portion until after the effective date of termination. MEDC shall
not be obligated to pay any new obligations incurred by the Grantee after the
effective date of termination although MEDC will allow full credit to the Grantee
for the MEDC's share of noncancellable obligations, if any exist, which were
properly incurred by the Grantee prior to termination. The Grantee shall use its
best efforts to cancel as many outstanding obligations as possible in the event of
termination.
3
5. The rights and remedies of MEDC specified in this agreement shall be in
addition to all other rights and remedies available to MEDC, including those listed
at Section 5.04(a) of the Muskegon Lakeshore SmartZone Agreement; nothing
contained in this agreement shall be construed as a waiver of MEDC's rights unless
agreed to in writing by the Grant Administrator.
6. Should any portion of this agreement or the attached exhibits be
declared void or unenforceable, the remaining portions shall remain in full force
and effect. ·
7. The relationship between the MEDC and the Grantee is that of
independent contractors. Neither of the parties nor their respective agents and
employers shall under any circumstances be deemed to be agents, representatives,
partners or joint venturers of the other party and neither of the parties shall enter
into any contract or commitment in the nature or on behalf of the other party.
8. If the MEDC is unable for any reason whatsoever to perform the duties
under this agreement those duties may be exercised by the Michigan Strategic
Fund.
9. This agreement shall be governed and construed in accordance with the
laws of the State of Michigan other than it's conflict oflaws, rules, and the Grantee
consents to the exclusive jurisdiction of the state courts and federal courts located in
Lansing Michigan for any controversy or clause arising out of or relating to this
agreement or the breach thereof, whether involving remedies at law or in equity.
10. The MEDC and the Grantee agree to perform any further acts to
execute and deliver any further documents, which may be reasonably necessary to
carry out the provisions of this agreement.
11. The Grantee may not assign this agreement or any interest herein
without the MEDC's express prior written consent and approval.
12. This agreement may be executed in one or more counterparts each of
which shall be deemed as original but all of which together shall constitute one and
the entire agreement.
4
This agreement is executed on this __ day of _ _ _ _ _~ 200_, and is .
effective on December I, 2001.
MICHIGAN ECONOMIC WITNESSES
DEVELOPMENT CORPORATION
BJ)/4L(!
Doug Rothwell
ITS: President and
Chief Executive Officer
CITY OF MUSKEGON
BY: _ _ _ _ _ _ _ _ _ __
Steve Warmington
ITS: Mayor
5
ECONOMIC DEVELOPMENT CCF GRANT AGREEMENT
Exhibits
Exhibit A.................... Project Description
Exhibit B .................... Project Budget
6
Attachment ;"3
PROJECT BUDGET
CORE COMMUNITIES INITIATIVE
MICHIGAN ECONOMIC DEVELOPMENT CORPORATION
1.Appllcant City of· Muskegon 2. ProJectTltle Muske;.[on Lakeshore Smartzone· Shoreline Boardwcllk
» - -: ,,.,~,:.:,:,:,,:.w,:❖:,:.:::,:❖:~❖x,f,:,:,:,;,:,:::w.,:,:,::w..1:,::-.,.~::::.-:::::::::-,::::::::--::::::::;:;::-,:;~:::?.-:::~::::::::,:::r,:;:::=::::::::~~~:W::~
-- ·
3. Project Cost Ele_ITl_enti l~J(§mf:~fl.ffif~gf~fJ.fi!~~~:i~f ~'.~r~~~~:~~afffJ:l~~~f~ffl~~m1~f.~ijf.tttfi:%MifJ~m@WJ.~ill~Mff.§WrnHfll~UtiM;~~~§lBlMM~~?.~~l¥~§~fil~WM!MH~i
.1 l.:;:, , 7 . ..: A
f._p!Jvitles CCI Proiect TOTAL
peveloper
$0
l. Shoreline -Dredging:-_ $0
Stabilization
55,000 cu •. yd. @ $0
$1 0 /cu. yd. - I2O 0, 0 0 0 , l3 5 0, 0 0 0 • 550,000. $0
2. Seawall Sheet Pilinc $0
70,000 sq. ft. @
$0
$19/sq. ft. I 11,330,ooo
1,330,000.
3. Boardwalk Construcl;:]jon
32,000 sq. ft. @
$25/sq. ft. 1aoo,ooo.
800,000.
I
I
TOTAL 1,ooo,owi 1,6aoI..941 $0 1€_0 2,680,000, $0
21-Jul-00
APPENDIXF
SmartZones 5 M
SERVICE MARK HANDBOOK
This Service Mark handbook has been developed to answer basic questions about
Service Mark usage in connection with the Michigan SmartZones.
What is a Service Mark?
A service mark is a word: phrase, symbol or design, or combination of those, which
identifies and distinguishes the source of a service of one party from those of others.
It is the same thing as a trademark, except it is for a service rather than a product.
Examples of Service Marks: Two Men and a Truck
Comerica
Tuffy Auto Service Centers
Stanley Steamer
SmartZone, SmartZones
How do you get a Service Mark?
There are two ways to get a Service Mark. One is to simply use the mark commercially.
The second is to file an application with the Patent and Trademark Office and use the
mark in commerce across state lines.
The MEDC has done both. We are using the mark commercially and we have filed an
application with the Patent and Trademark Office.
What are the benefits of a Service Mark?
Establishing Service Mark rights gives the owner the ability to keep others from trading
off of the value it builds up in the mark and the value of public recognition of the owner's
services.
Using the examples of Service Marks from above most people know:
thatTwo Men and a Truck is a moving service,
that Comerica is a bank,
that Tuffy Auto Service Centers are known for their mufflers,
that Stanley Steamer is associated with rug cleaners
Our goal is that SmartZones be associated with very innovative clusters of technology-
based businesses and research institutions throughout the state.
When do you use a Service Mark?
Use the Service Mark any time you want the public to identify the services being offered
with the owner of the mark.
You should use the SM symbol any time the mark stands out as the source of the
services, such as in:
Advertising Letterhead
Headings Business Cards
Titles Signs
The broader the public exposure, the more you should prominently display the SM_
In longer marketing material, the use of the Service Mark symbol every time
"SmartZone" (known as "the mark") is used in a document can disrupt the flow of normal
text. Therefore, use an * after the mark and denote at the bottom that "SmartZone" is a
Service Mark of The Michigan Economic Development Corporation.
Why did the MEDC Service Mark SmartZones?
In two words: Quality and Innovation
SmartZones are a very innovative approach to stimulating and supporting the growth of
technology-based businesses and jobs. These technology clusters, building on
Michigan's strong scientific, engineering, educational, and research capabilities, will
bring to market the application of scientific and technological innovation to help drive
Michigan's economic development strategy for years to come. Therefore, it is critical
that each SmartZone reflect a high level of quality in its businesses, research activities,
training and support services, and marketing. It is necessary, then, to ensure that
quality services are offered under a Service Mark the public recognizes.
Can we name the SmartZone?
During the selection process and awarding of the SmartZone designation, the MEDC
and the local applicants have already· agreed to the name of the SmartZone. The
approved names of the local SmartZones are:
Battle Creek Aviation and e-Learning Muskegon Lakeshore
Grand Rapids Oakland Automation Alley
Kalamazoo Pinnacle
Lansing Regional Ann ArborNpsilanti
Michigan Tech Enterprise Woodward Technology Corridor
Mount Pleasant
The use of the local name combined with the SmartZone service mark is allowed but
must meet Service Mark criteria by visually separating SmartZone through spacing,
different font, a line, etc. from the name when used in a title, logo, or other identifier.
The following example would meet the Service Mark criteria for the use of the local
identifier with the SmartZone Service Mark:
Battle Creek Aviation and e-Learning
SmartZone 5 M
Battle Creek Aviation and e-Learning
SmartZonesM
In this example, Battle Creek Aviation and e-Learning is on a different line than
SmartZone, it is separated by a line, it is in italics and in a different font.
The following examples would not meet the Service Mark criteria when used in a title,
logo, or other identifier.
Battle Creek Aviation and e-Learning SmartZonesM
Battle Creek Aviation and e-Learning SmartZonesM
In each of these examples Battle Creek Aviation and e-Learning is on the same line as
SmartZone, which can lead the reader to believe the whole line is Service Marked, not
just the SmartZone.
Can we use the business, research or governmental entities in identifying the
SmartZone?
SmartZones are associated with an educational institution or a private research
institution ("University"). Therefore, it is not unreasonable to identify the university with
the SmartZone. In order to meet the Service Mark criteria, the following format must be
used:
Kalamazoo SmartZonesM· at Western Michigan University
*SmartZones is a Service Mark of The Michigan Economic Development Corporation.
Can you combine Trademarks with Service Marks?
Yes, this is done frequently. A good example is Microsoft® and their various software
programs. Microsoft is Service Marked and the software programs are Trademarked.
A number of the educational institutions involved with the SmartZones have logos that
are Service Marked as well as some of the major contributors to the SmartZones.
These various logos can be combined in marketing material and signage. We request
that the SmartZone logo be the predominate image/wording.
The MEDC is willing to work with you on these issues, but we want to review all
marketing materials, including signage, prior to their publication, per your SmartZone
agreement.
What is the difference between an sM and a®?
Once the Service Mark application has been through the process at the Patent and
Trademark Office and an official Registration Certificate has been issued, the owner
may use the® at the end of the mark instead of sM_
Will signs and other marketing materials have to be changed from SM to®?
Signs are of a permanent nature and usually very costly to change. We will not require
the centers to change the SM to a®. You can still use the sM even after it is registered.
The® indicates it is on the Patent and Trademark Office Register.
As you update or reprint marketing material the SM should be changed to the ®·
Who owns the Service Mark for the SmartZones?
The Michigan Economic Development Corporation owns the Service Marks and
contractually licenses individual SmartZones to use them.
How do we give attribution to the· MEDC that is a requirement of our contracts?
Please use the following:
SmartZones is a Service Mark of The Michigan Economic Development Corporation.
If you have further specific questions regarding Service Mark usage, please contact
Kirsten Tava at 517-241-0813.
Commission Meeting Date: April 23, 2002
Date: April 15, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf:{'-/
RE: CMI Brownfield Redevelopment Grant- Smartzone
Property
SUMMARY OF REQUEST: Anne Couture is working with Lakefront LLC
to secure a CMI Brownfield Redevelopment Grant from the Michigan
Department of Environmental Quality. Although Lakefront LLC 1s
contracting with Ms. Couture for the grant preparation, the City of
Muskegon must approve the resolution applying for the grant funds.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to
cover the costs of environmental remediation on the site which is not
currently covered by the current owner and other grant and private
funds. The amount being applied for is up to $1 Million.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution No . .2002:-52 ( e)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE SUBMITTAL OF A
CLEAN MICHIGAN INITIATIVE
BROWNFIELD REDEVELOPMENT GRANT APPLICATION
WHEREAS, the Michigan Department of Environmental Quality provides grants to communities
through its Brownfield Redevelopment Grant program to fund environmental response activities
necessary to facilitate redevelopment projects; and
WHEREAS the former Teledyne/Continental Motors facility located on Muskegon Lake along the
City's lakeshore is known to be contaminated by hazardous substances, and is therefore
determined to be a Part 201 "facility"; and
WHEREAS environmental response activities are necessary in order to facilitate economic
development, to assure that the property can be used in a safe and environmentally sound
manner; and
WHEREAS , the proposed use of the Teledyne property for office, commercial, and residential
development, including public walkways ("Project"), is consistent with the City of Muskegon's
Waterfront Redevelopment Plan, including its overall Master Land Use Plan; and
WHEREAS, it is the intention of the City that the Project will be undertaken if a CMI Brownfield
Redevelopment Grant is awarded;
NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes the City
Manager to apply for and secure a grant for up to $1,000,000 from, and enter into a grant
agreement with, the Michigan Department of Environmental Quality.
Adopted this --23.r:dof Apri J 2002 .
AYES: Buie , Gawron, Larson, Schweifler, Shepherd, Spataro, Warmingt on
NAYS: None
ABSTAIN: None
CERTIFICATION
2002-52(e)
This resolution was adopted at a regular meeting of the City Commission, held on April
23, 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
Commission Meeting Date: April 23, 2002
Date: April 15,2002
To: Honorable Mayor & City Commission
from: Community and Neighborhood Services
Department
RE: Approval of contractor for completion of
Rehabilitation of structure at 1838 Jarman
SUMMARY OF REQUEST: To approve the contract with Holden
Construction of Muskegon for the completion of the rehabilitation of
1838 Jarman for Thirty Thousand Nine Hundred Twenty ($30,920).
The structure was obtained by the City of Muskegon through the "Good
Neighbor Program" from the U.S. Department of Housing and Urban
Development for the total cost of one dollar. ($1.00) The Lead base
Paint Abatement has been completed, after the final rehabilitation is
completed the property will be sold to a qualified family in accord with
the City's neighborhood revitalization efforts
FINANCIAL IMPACT: The funding for this project will be taken from the
City's HOME funds from fiscal year 2001.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve the Community and
Neighborhood Services selection.
COMMITTEE RECOMMENDATION: The Commission previously
approved the Lead Base Paint Abatement for this project .
CITY OF MUSKEGON
COMMUNITY & NEIGHBORHOOD SERVICES
RESIDENTIAL PROPERTY CONTRACT AGREEMENT
2002-52(f)
AGREEMENT made this 23rd day of April 2002 between City of
Muskegon hereinafter called "Owner" and Holden Construction
herein after called "Contractor". WITNESSETH, that the Contractor and
the Owner for the considerations stated herein mutually agree as follows:
STATEMENT OF WORK. The construction or rehabilitation of residential
structures with assistance provided under this Residential Property
Contract Agreement is subject to the Department of Housing and Urban
Development Lead Based Paint Regulations, (24CFR Part 35) expressly
prohibiting the use of lead based paint. Any funds made available by the
grantee for the rehabilitation of structures with assistance provided under
this Agreement shall be made subject to the provisions for the elimination
of lead based paint hazards under Subpart B of said regulations.
General Conditions
1. The Bid and Proposal must be accepted by the Owner within 30 days from
the date set forth in the preceding paragraph. however, no work shall
commence until the Contractor has received a written Proceed Order
from the Owner.
2. The Contractor shall receive the Proceed Order within ten (10) days
from the date of acceptance by the Owner of the Bid and Proposal. If
the order is not received by the Contractor within this period, the
Contractor reserves the right to withdraw his Bid and Proposal.
3. The Contractor must commence work within ten (10) days after the
issuance of the Proceed Order. Extensions of this time period must be
approved in writing by the Owner. Failure to begin work within said
specified period without an approved extension may result in an award
of the contract to the next lowest qualified bidder.
4. The Contractor must satisfactorily complete the work within 2Q_
days after issuance of the Proceed Order. In the event of failure to
complete work within said specified period without an approved
extension, the City of Muskegon as lender, reserves the right to
withhold sufficient funds from final payment to retain another
contractor for satisfactory completion of work to be performed.
Inexcusable and unapproved delays in completion may result in per diem
surcharges against the Contractor, to be deducted from final payment.
5. The Contractor shall furnish all supervision, labor, materials,
machinery, tools, equipment, and services and perform and complete all
work in an efficient and workmanlike manner, in accordance with
standard specifications of Housing Rehab Services.
6. A. The Contractor shall be paid the contract price in one lump sum
payment after work is satisfactorily completed, or as follows: Bi-
monthl.y draws after approval. by the CNS staff and the City of Muskegon
Inspection division, with a ten percent hold back to be paid at end of
contract at completion. (See items C and B)
7. Contractor and all required personnel must possess proper
documentation to work on projects funded with HOME funds which
includes all regulations related to CFR24. 35 Subpart C Elimination
of Lead -Based paint Hazards in HUD- Associated Housing.
FINAL
B. Progress payments will be paid within 20 days from the receipt of
the invoice of the Contractor together with satisfactory release of
liens or claims for liens by subcontractors, laborers, and materials
suppliers for completed work or installed materials. Such progress
payments shall be paid on the basis of the percentage of work
satisfactorily completed. Progress payments shall not exceed 80% of
the value of work satisfactorily completed. Payment shall be made
only after inspection and acceptance by the Owner and Housing Rehab
Services. ·
C. Final Payment on this Contract shall be made only after final
inspection and acceptance of all work performed by the Contractor
and/or his subcontractors and after the Contractor has furnished the
Owner satisfactory releases of liens or claims for liens by the
Contractor, subcontractors, laborers, and materials suppliers.
8. The premises will be vacant during the period of rehabilitation
construction.
9. The Contractor shall:
A. Furnish evidence of comprehensive public liability insurance
coverage protecting the Owner, the City of Muskegon, the Contractor
and any subcontractor performing work covered by the Contract from any
and all claims which may arise from the performance, inspection, or
acceptance of the work covered by this Contract whether such claims
arise as a result of the alleged act or omission of the Owner, the
City of Muskegon, the Contractor, any subcontractor, or anyone
directly or indirectly employed by any of them.
The amounts of insurance shall be as follows:
Bodily Injury, Including Death
Each Person $50,000.00 Each Accident $100,000.00
Property Damage
Each Accident $25,000.00 Aggregate $ 50,000.00
Proof of such insurance coverage shall be evidenced by submitting a
certificate of insurance. The Contractor shall also provide
satisfactory evidence of Worker's Compensation for himself and for his
subcontractors.
B. Obtain and pay for all permits and licenses necessary for the
completion and execution of the work and labor to be performed.
C. Perform all work in conformance with applicable ordinances and
code requirements whether or not covered by the drawings and
specifications for the work.
D. Keep the premises clean and orderly during the course of the work
and remove all debris at the completion of the work. Materials and
equipment that have been removed and replaced as part of the work
shall belong to the Contractor.
E. Not assign the Contract or enter into any special arrangement
with the Owner without the written consent of the Owner and the
Director of Neighborhood and Construction Services or a designated
representative.
F. Guarantee such work and material for a period of one year from
the date of final inspection and acceptance of all work required by
this Contract, and furnish the Owner with all manufacturers' and
suppliers' written guarantees and warranties covering materials and
equipment furnished under this Contract.
10. The Owner shall:
A. Permit the contractor to use at no cost, existing utilities such
as light, heat, power and water necessary to the carrying out and
completion of the work.
B. Cooperate with the contractor to facilitate the performance of
the work including the removal and replacement of rugs, covering,
furniture, etc.
11. Further provisions as applicable to this instrument are described
below by general subject and attachment designation and are a part of
this instrument. (For example: the identities, addresses and
specific trades of all subcontractors) WORKFORCE ANALYSIS
12. This contract consists of the Bid and Proposal, the Statement of Work
including the general conditions, the Owners' and Contractors'
responsibilities, and any attachments designated above.
13. In the event a dispute arises between Owner and Contractor over the
quality or adequacy of Contractors' performance of the work, resulting
in Owners' refusal to approve any progress payment or final payment as
provided herein, the City of Muskegon's Director of the Department of
Community Development or his/her designee shall become the sole judge
of the quality or adequacy of Contractors performance of the work. In
the event the Director or his/her designee determine that the
Contractor has performed the work in a good and workmanlike manner and
in accordance with the standards set forth in the Contract, the City
of Muskegon may make such progress payment or final payment for the
Owners' grant/loan proceeds as though Owner had approved the same, and
with like effect, and, absent fraud or bad faith on the part of the
City or its employees, Owner hereby releases the City of Muskegon of
and from any liability to Owner by reason of such payment.
14. The undersigned Contractor offers to do the rehabilitation work
specified in the Contractors' Bid and Proposal, or Work Write-Up
attachment hereto and made a part thereof, on the parcel described as
Parcel# 61 - 24-255-004-0006-00 Located AT 1838 Jarman or the
compensation itemized in said Bid and Proposal or Work Write-Up, under
the Labor Group(s) as follows:-=G~e~n~e~r~a=l_:.C~o~n~t~r~a~c~t-=--=-o~r___________
With total for entire project of $J0.920.00
CONTRACTOR ACCEPTANCE BY OWNER
Contractor onstruction Name: City of Muskegon
Contractor
Contractor Address Owner 933 Terrace
Date of Bid and Proposal Date of Acceptance
RAP- 701 - 1985
Bid Comparison for Rehabilitation of 1838 Jarman
The bid amount does not include items that were included under Lead Base Paint
Abatement.
Holden Construction $30,920
Success Builders $37,564.80
Cotton Builders (ineligible) $26,522
Price Construction $49,998
Date: April 23, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Proposals for
Construction Engineering Services on:
Shoreline Dr. East
SUMMARY OF REQUEST:
To enter into a construction engineering services agreement with Fleis & Vandenbrink to
perform the necessary plans review, construction inspection, construction staking and
testing. Furthermore, it is requested that the award be contingent upon the successful
execution of the funding agreements between the City & MDOT.
We are anticipating the arrival of a costed proposal from Fleis & Vandenbrink prior to the
23 of April. Upon receiving that proposal we will present you with the information during
the meeting
Fleis & Vandenbrinck is being recommend as a result of reviewing their uncosted proposal
as well as the interviews that included FTC&H and V3 consulting.
FINANCIAL IMPACT:
The cost for the engineering services would be from the grant to construct Shoreline Dr.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into an engineering agreement with Fleis & Vandenbrink Engineering.
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