City Commission Packet 11-12-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                      NOVEMBER 12, 2002
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                      AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS: Retirement Resolution for Ardath Driscoll
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Notice of Intent Resolution, Capital Improvement Bonds for
                    Sidewalks. FINANCE
                 c. Replacement of Copiers FINANCE
                 d. Time Clock Purchase. PUBLIC WORKS
                 e. Demolition of Hackley Fire Barn, Consideration of Bids..   PUBLIC
                    WORKS
                 f.   Garbage Cart Purchase. Second Shipment of 2002.          PUBLIC
                      FACILITIES-SANITATION
                 g. Sale of Non-buildable Lot at 437 Oak Ave.          PLANNING    &
                    ECONOMIC DEVELOPMENT
                 h. Sale of Non-buildable Lot at 611 W. Clay Ave. PLANNING &
                    ECONOMIC DEVELOPMENT
                 i.   Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
                      ECONOMIC DEVLOPMENT
                 j.   Extension of Option to Purchase Buildable Large Vacant Lots in
                      Jackson Hill Neighborhood for Finlay Properties Inc for Senior
                      Housing Development. PLANNING & ECONOMIC DEVELOPMENT
                 k. Environmental Assessment - Former Muskegon Mall Parking Lots.
                    CITY MANAGER
                 I.   Gypsy Moth Program Contract LEISURE SERVICES
                 m. Great Lakes Dock & Material Lease Agreement LEISURE SERVICES
                       n. Michigan Hazard Mitigation Grant Program ENGINEERING
                       o. Budgeted Vehicle Purchases PUBLIC WORKS
o PUBLIC HEARINGS:
                       a. Leisure Services Master Plan 2003 LEISURE SERVICES
                       b. Spreading of the Special Assessment Roll: Black Creek Road,
                          Sherman to Latimer. ENGINEERING
                      c. Second Amendment to the Special Assessment Roll. Sidewalk
                         Replacement Program for 2002 (Area ES}. ENGINEERING
o   COMMUNICATIONS:
o   CITY MANAGER'S REPORT:
o   NEW BUSINESS:
                      a. Water Rate Study. FINANCE
                      b. Request for Permission to Purchase a 24' Boston Whaler Rescue
                         Boat with Twin Mercury Engines and Tandem Axle Trailer: FIRE
                           DEPARTMENT
                      c. CMI Brownfield/Smartzone Professional Services Contract ERM.
                         PLANNING & ECONOMIC DEVELOPMENT
                      d. CMI Brownfield/Smartzone Consulting Contract Anne Couture.
                           PLANNING & ECONOMIC DEVELOPMENT
o UNFINISHED BUSINESS:
o ANY OTHER BUSINESS:
o   PUBLIC PARTICIPATION:
•   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 10 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 CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
                               AGENDA ITEM NO. _ _ _ __

                          CITY COMMISSION MEETING            11/12/02


TO:          Honorable Mayor and City Commissioners

FROM:        Robert Kuhn, Director of Public Works

DATE:        November 1, 2002

RE:          Resolution Acknowledging Ardath Driscoll


SUMMARY OF REQUEST:

To have the Mayor present a resolution and publicly acknowledge Ardath Driscoll, Dispatcher
for the Senior Citizen Transit System, for her 29 plus years of service to the City of Muskegon.



FINANCIAL IMPACT:

None.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

Approval.



COMMITTEE RECOMMENDATION:




O:COMMON\DEPTMENTu\DMIN\AGNDAFRM
JMS - 0: (RESOLUTION-A DRISCOLL)
                                                                                      2002-122




                                              ~tatr nf ilirqigan
                Ardath Driscoll was hired by the Public WorksDepartment on August 6, 1973,
                when the Senior Citizen Transit System Program was first established for the
                senior residents of the City of Muskegon; and
                 · :~- -~-· :fl}~ j:i;,-c--            ,
  WHEREAS,       ArdM
Founded in 1852                                                                               MICHIGAN: Ann Arbor
by Sidney Davy Miller                                                                        Detroit • Grand Rapids

                                           MILLER                                              Howell • Kalamazoo
                                                                                           Lansing • Monroe • Troy

                                          CANFIELD
                                          MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
                                                                                                   New York, NY
                                                                                                    Pensacola, FL
                                                                                                 Washington, DC
    1852-2002
                                                                                             CANADA: Windsor, ON
                                               150 West Jefferson, Suite 2500                      POLAND: Gdynia
JOELL. PIELL                                     Detroit, Michigan 48226                        Katowice • Warsaw
TEL: (313) 496-7518                                TEL: (313) 963-6420
~"AX: (313) 496-8450                               FAX: (313) 496-7500
E-MAIL: picll@millercanfield.com                 www.millercanfield.com


                                                  December 11, 2002
         Mr. Timothy J. Paul
         Finance Director
         City of Muskegon
         933 Terrace St
         PO Box536
         Muskegon,MI 49443-0536
                                                              /
                                                                  ----------
         Dear Tim:

                I am writing this letter to ackn wledge receipt of the mailing of the notice of intent
         for the City's capital improvement, bonds. I note that the notice was published on
         November 23 rd , which means that/ the referendum period will expire at the close of
         business on Monday, January 6th . At that time the City Clerk may execute the form of
         No Referendum Certificate which is included herewith.

                  I would ask that three copies of this certificate be returned to me.

                                         Very truly ~ours, · )

                                         MILLER ,CANFIEifD, PADDOCK AND STONE,             P.L.C,
                                               ;
                                                 1      ,

                                         By:
                                                 (                    I
                                                                      /l(J'i
                                                Joel L. Pielf                  ·'
                                                                  I
        Enclosures

        cc:       Warren M, Creamer, III


        DELIB :2374239. I1063684-00032
                                NO REFERENDUM CERTIFICATE


        I, the undersigned, do hereby certify that I am the duly acting and qualified Clerk
 of the City of Muskegon, and that in connection with a Notice To Electors Of The City
 Of Muskegon Of Intent To Issue Bonds, published in the Muskegon Chronicle, on
 November 23, 2002, 45 days have elapsed and no petition for referendum has been filed
 with my office.




                                             Clerk, City of Muskegon, Michigan



Dated: -71°~.,__/t\LL-C:...."_1_"'-
                                _ _ , 2003



DELIB,2374241.1 \063684-00032
 Affirmative Action
 (23))724-6703
 FAX: (231)722-1214

 Assenor/Equ • llzallon
 (231)724-6708
 FAX: (231)726-5181

 Cemetery Department
 (231)724-6783
 FAX: (231)726-5617

 City Manager
 (23))724-6724
 FAX: (231)722-1214

 Civil Service
 (231)724-6716
 FAX: (231)7244405

 Clerk
 (231)724-6705
 FAX: (231)724-4178

 Community and            January 7, 2ooi
   Neigh. Services
 (231)724-6717
 FAX: (231)726-2501

 Computer Info,
  Systems                 Mr. Joel L. Piell
 (231)724-6744
 FAX: (231)722-4301       Miller, Canfield, Paddock
                           & Stone, P.L.C.
 Engineering Dept,
 (23))724-6707            150 West Jefferson, Suite 2500
 FAX: (231)727-6904
                          Detroit, MI 48226
 F1nance Dept.
 (231)724-6713
 FAX: (231)724-6768
                          Dear Mr. Piell:
 F1re Department
 (231)724-6792            Enclosed are three No Referendum Certificates signed by the City Clerk.
 FAX: (231)724-6985

 Income Tax               If you have any questions, please call me at (23 I) 724-6705.
 (231)724-6770
 FAX: (231)724-6768
                          Thank you,
Inspection Services


                          ~~
(23 J )724-67 J 5
FAX: (231)728-4371

Leisure Services
(231)724-6704
FAX: (231)724-1196
                          Linda Potter
                          Deputy City Clerk
Mayor's Office
(231)724-6701
FAX: (231)722-1214        Enc.
Planning/Zoning
(23 I )724-6702
FAX: (231)724-6790

Police Deptartment
(231)724-6750
FAX: (231)722-5140

Public Works Dept.
(231)724-4100
FAX: (231)722-4188

Treasurer's Office
(231 )724-6720
FAX: (231)724--6768

Water Bllllng Depl.
(231)724-6718
FAX: (231)724-6768

Water Filtrallon
(231)724-4I06
FAX: {231)755-5290
                           City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                      www.shorelinecity.com
Founded in 1852                                                                           MICHIGAN: Ann Arbor
by Sidney Davy Miller                                                                    Detroit • Grand Rapids
                                         MILLER                                            Howell • Kalamazoo
                                                                                       Lansing • Monroe • Troy

                                         CANFIELD
                                         MILLER, CANFIELD, PADDOCKANoSTONE,r.L.c.
                                                                                                New York, NY
                                                                                                 Pensacola, FL
                                                                                               Washington, DC
                                                                                         CANADA: Windsor, ON
JOELL. PIELL                                  150 West Jefferson, Suite 2500                   POLAND:Gdynia
TEL: (313) 496-7518                             Detroit, Michigan 48226                     Katowice• Warsaw
FAX: (313) 496-8450
E-MAIL: picll@millercanfield.com
                                                  TEL: (313) 963-6420
                                                  FAX: (313) 496-7500
                                                www.millercanfield.com


                                                  January 10, 2003


         Ms. Linda Potter
         Deputy Clerk
         City of Muskegon
         933 Terrace St
         PO Box536
         Muskegon,MI 49443-0536

         Dear Ms. Potter:

                I am writing this note to acknowledge your mailing of the No Referendum
         Certificate for the City's special assessment bonds. Thank you for sending this along to
         me.

                                        Very truly yours,




                                               Joel L. Piell


        cc:       Mr. Timothy J. Paul
                  Warren M. Creamer, III



        DELIB :2380753.11063684-00032
Date:          November 5, 2002

To:            Honorable Mayor and City Commissioners

From:          Assistant Finance Director

RE:            Replacement of Copiers



SUMMARY OF REQUEST: To award a four year contract for the City's copier
needs to Commercial Equipment Company the lowest bidder. The City recently solicited
bids for replacement copiers which included the purchase of 18 copiers plus total
maintenance/service costs based on copy volumes less guaranteed buy back of
equipment at the end of 48 months.


FINANCIAL IMPACT: Equipment costs are $95,375 ($119,893 less $24,518 for buy
back of 1998 copiers). Funds in the amount of $76,091 have been accumulated over
the last four years for copy machine replacement. It is recommended that the additional
funding for this purchase be financed internally and repaid by adjusting the per copy
charge levied against departmental users.

BUDGET ACTION REQUIRED: None. Copy costs are included in each
departments budget .



STAFF RECOMMENDATION: Select Commercial Equipment Company for copier
replacement.



COMMITTEE RECOMMENATION:
                                                                        City of Muskegon
                                                                        Finance Department




Memo
 To:        City Commission                                    /\   .
 From:      Elizabeth Lewis, Assistant Finance Directo'll)t...>1----"

 Date:      11/5/02
 Re:        2002 Copier Replacement Program



 In 1994 the City implemented a four-year, single contract replacement program for its fieet of copy
 machines. Prior to this, individual departments purchased or leased copiers from a variety of vendors
 under different contract terms and at different costs. The new replacement program allowed the City to
 take an organization-wide look at its copier needs, standardize equipment, and substantially reduce
 both front-end capital costs and the ongoing maintenance costs of its copier fleet. This program
 worked well for the City in 1994 and 1998.

 Bids were recently submitted for replacement of the 1998 copy machines. Under the terms of the 1998
 agreement, the vendor Commercial Equipment Company will repurchase the old machines from the
 City at 25% of the original purchase price ($98,071 x 25% = 24,517.75). A summary of the bid results
 is attached. It is recommended that the City select Commercial Equipment as low bidder. The bid is for
 18 copiers. All sites will receive a digital copier and most copiers are fully networkable so they can
 function as high speed, low-cost laser printers reducing department printing costs. The typical cost for
 each laser printed page is much higher than a digital copy page.

 Please let me know if you have any questions.

 Thank you.




 • Page 1
                                                CITY OF MUSKEGON
                                      ANALYSIS OF COPIER BIDS RECEIVED - 2002



                                       Commerical               Applied                              Reed Office      Office Machine
VENDOR NAME                           Equipment Co.             Imaging            IKON               Systems            Company

                                                                                                     4265 Grand
                                          1101 Hackley      949 W Broadway      2780 44th St          Haven Rd        1171 E Sherman
LOCATION                                  Muskegon, Ml       Muskegon, Ml     Grand Rapids, Ml       Muskegon,MI       Muskegon, Ml

COPIER BRAND                                Toshiba             Ricoh              Ricoh               Konica             Sharp

PROPOSAL
 EQUIPMENT COSTS                             119,893.00         123,641.00         115,280.00           133,115.00        167,525.00
 PER COPY MAINTENANCE COSTS                       0.0069             0.0069             0.0068             0.00699             0.0055
 TOTAL MAINTENANCE COSTS                      35,226.76          35,226.72          34,716.23            35,686.24         28,079.30
 LESS: EQUIPMENT BUY-BACK                    (23,978.60)        (22,000.00)                             (15,974.00)       (25,128.75)

TOTAL COSTS                           $      131,141.16     $   136,867.72    $    149,996.23    $      152,827.24    $   170,475.55


1998 - Commerical Equipment Co.
 EQUIPMENT COSTS                               98,071.00
 PER COPY MAINTENANCE COSTS ANALOG                  0.007
 PER COPY MAINTENANCE COSTS DIGITAL                0.0095
 TOTAL MAINTENANCE ANALOG                      14,125.10
 TOTAL MAINTENANCE DIGITAL                     28,069.54
 LESS: EQUIPMENT BUY BACK                     (24,517.75)

TOTAL 4 YEAR COST                     $      115,747.89
           CITY COMMISSION MEETING November 12, 2002

To:           Honorable Mayor and City Commissioners
From:         Robert Kuhn, Public Works Director
Date:         November 12, 2002
RE:           Time Clock Installation


SUMMARY OF REQUEST:

We desire to purchase 2 time clocks for the Public Service Building and 1 time clock
for the Water Filtration Plant. These would replace the existing paper card time clock
with versions and the software that would track employee time and attendance. This
purchase would significantly reduce the clerical labor currently expended to track
employee time and attendance. Quotations were obtained from 2 companies that
supply time clock hardware and software. Site visits were conducted at local
industries to verify the quality of the products.

FINANCIAL IMPACT:

Ban-Koe Systems of Grand Rapids was the lowest price of $12,311.

BUDGET ACTION REQUIRED:

None. This project is included in the funded Year 2002 capital improvements for the
Public Service Building.

STAFF RECOMMENDATION:

Staff recommends that the quote of $12,311.00 from Ban-Koe Systems be accepted.
 Public Works: Time Clock Installation

                                       Public___                I
                                       Works
                                   I


Memo
 To:     Robert Kuhn, DPW Director
 From:   Bob Fountain, Special Operations Supervisor
 Date:   10/29/02
 Re:     Purchase of Time Clocks



 It is now time to replace our old paper time clock with a computerized model. These are widely used by.
 employers and will save our clerks and supervisors time in monitoring time and attendance. I have
 obtained quotes from two companies, Ban-Koe Systems and ADP. Pat Bice, Doug Sayles and myself
 have made site visits to local industries to see products from both vendors in operation. The equipment
 is identical and the software nearly so. I believe that we can confidently pick the lower bid of $12,311
 from Ban-Koe Systems and know that we will be getting the best hardware and software available. The
 time clocks will be configured to use employee ID badges. This will be the first use of badges and a big
 step in security. The time clocks will do much to automate our time and attendance procedures.

 We would be purchasing 3 time clocks, one for the Filtration Plant and 2 for the Public Service Building.
 The first unit would replace the existing DPW time clock located at the building entrance and the
 second clock would be installed in the Equipment Division Office. The Equipment time clock would be
 used by the mechanics to record time spent on repair jobs and would serve as a working spare for the
 building.




                                                    3
Kundinger, Gail

From:                      Fountain, Bob
Sent:                      Wednesday, November 06, 2002 1:07 PM
To:                        Kundinger, Gail
Subject:                   Vendor addresses for time clock agenda item


Gail:

Here are the addresses of the 2 vendors cited in the DPW timeclock agenda item.

Ban-Koe Systems
3900 Costa Ave., NE
Grand Rapids, Ml 49525

ADP
741 Kenmoor Ave, SE
Grand Rapids, Ml 49546


Bob Fountain, Special Operations Supervisor
City of Muskegon Dept. of Public Works
1350 East Keating Ave.
Muskegon, Ml 49442
Voice: 231-724-6990
Fax: 231-722-4188
Maillo:bob.fountain@postman.org




                                                          1
Public Works: Time Clock Installation




Summary of Quotes:

Ban-Koe Systems (Grand Rapids)          12,311.00

ADP (Grand Rapids)                      18,657.50




                                         2
Date:      November 12, 2002
To:        Honorable Mayor and City Commissioners
From:      Public Works
RE:        Consideration of Bids
           Demolition of the Hackley Fire Barn


SUMMARY OF REQUEST:

The contract for the demolition Hackley Avenue Fire Barn be awarded to
Press's LLC since they were the lowest (see bid tabulation) responsible
bidder with a bid price of $10,850.

FINANCIAL IMPACT:

None

The demolition cost of $10,850.


This has been budgeted with the Capitol Improvements Fund in the 2002
budget.

~UDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:

Award the contract to Press's LLC.



COMMITTEE RECOMMENDATION:
City of Muskegon - Hackley Avenue Fire Barn
Bid Tabulation for Demolition of Hackley Fire Barn
Bid Opening October 29, 2002



Compainy                  Address                     City              Amount
                                                                                     -
Press's LLC               8081 Holton Duck Lake Rd.   Holton, Ml        $10,850.00

Specialized Demolition    3641 38th St.               Hamilton, Ml      $11,000.00

Diversified Contractors   6775 Harvey                 Spring Lake, Ml   $22,000.00

Fensco, Inc.              15432 220th Ave.            Big Rapids, Ml    $24,450.00
                Commission Meeting Date: November 12, 2002




Date:          October 28, 2002
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development C,/;J
RE:            Sale of Non-buildable Lot at 437 Oak Avenue


SUMMARY OF REQUEST:

To approve the sale of a portion of a vacant buildable lot (Parcel #24-205-045-0004-00)
at 437 Oak Avenue to Robert and Brandy Hillsburg, 453 Oak Avenue, Muskegon, Ml
49442 This 33 x 120 ft. portion of this buildable lot was originally an unbuildable lot,
which was routinely combined by the Assessor's Office with two other 33 ft. lots to form
a 99 ft x 120 ft. buildable lot. The Land Reutilization Committee reviewed the request
and since the Hillsburgs home is located on a 33 x 120 ft. lot, agreed to the sale.
Approval of this sale will allow the adjacent property owner to expand their current yard
(see attached map). As is required by City policy, the subject parcel is being offered for
$100 to the Hillsburgs.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.

COMMITTEE RECOMMENDATION:

The Land Reutilization Committee recommended approval at their January 22, 2002
meeting.




10/28/2002                                                                             1
                                            CITY OF MUSKEGON

                                            RESOLUTION #2002-123 ( g)

RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT

WHEREAS, the City of Muskegon has received $100 from Robert and Brandy Hillsburg, 453
Oak Avenue, Muskegon, MI 49442 for the purchase of a portion of a vacant, City-owned lot
located adjacent to their property at 437 Oak Avenue (parcel #24-205-045-0004-00);

WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,

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

WHEREAS, the sale of this property would be in accordance with property disposition goals and
special recommendation of the Land Reutilization Committee (LRC);

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 4 BLK 45 EX THE S 12 FT FOR ALLEY be sold to Robert and Brandy Hillsburg
for $100.


Resolution adopted this 12th day of November, 2002.

       Ayes:      Shepherd , Spataro , Warmington, Buie, Gawron, Larson , Sc hwe ifl er

       Nays:

       Absent:


By:
       Stephe    .~ '-1'--'&!J.'I.Ui',E>t
       Mayor


Attest: ~(W.,        0-~
       Gail A. Kundinger, MMC
                                              -9'~
                                              U
      .Clerk              ·
                                                                         2002-123(9)

       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on November 12, 2002, and that said meeting was conducted and public ·
notice of said meeting was given pursuant to and in full compliance with the Open Meetings
Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.    ·

               ·                ·      ~M-         O~L ~·
                                               City Clerk

DELIB:2362375.1 \063684-00032
                                                                            •
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                                  . _I _______ _
\                                 __@_   -   _fill_ -- _?fil __   J                                -i-----   ----
                                                   2002 - 123 (g)
                                                 QUIT CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,

QUIT CLAIMS TO: ROBERT HILLSBURC and BRANDY HILLSBURG, husband and wife, of 453 Oak
Avenue, Muskegon, MI 49442,              ·

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

                           Lot 4, Block 45, except the South 12 feet for alley, of the CITY
                           of MUSKEGON REVISED PLAT OF 1903

for the sum of One Hundred and no/100 Dollars ($100.00)

This deed is exempt from real estate transfer tax pursuant to the provisions'ofMCLA 207.505(h)(i) and
MCLA207.526 Sec. 6(h)(i).

Dated this .J11Juay of     November            , 2002




STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this 12th:lay of November          , 2002, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY:                 .                                %'~~ · ,':-~t,!L
John C. Schrier                                               Notary Public, Muskegon County, Michigan
Parmenter O'Toole                                             My commission expires: 5 ~ l ~~ C'S
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee                   WHEN RECORDED RETURN TO: Grantee




C:\DOCUME~1\anguilm\LOCALS~1\Temp\AJ8494.DOC
                Commission Meeting Date:




Date:          October 24, 2002
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Sale of Non-buildable Lot at 611 W. Clay Avenue ·


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-322-0002-00) at 611
W. Clay Avenue to L & K Company, LLC, 3541 Sand Bar Ct., Muskegon, Ml 49441
(owner of Lee Printing, 639 & 623 W. Clay Avenue). Approval of this sale will allow the
adjacent property owner to expand their current property (see attached map). (The
other adjacent property owner is delinquent to the City for over $5,000 in demolition
fees on his property at 607 W. Clay.) As is required by City policy, the subject parcel is
being offered for $100 to L & K Company, LLC.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.

COMMITTEE RECOMMENDATION:




10/24/2002
             Commission Meeting Date: November 12, 2002

Date:                October 30, 2002
To:                  Honorable Mayor & City Commission
From:                Planning & Economic Development Department <'J5:::__
RE:                  Sale of Buildable Vacant Lot on Ducey Avenue


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1260 Ducey Avenue (designated as parcel
number 24-611-000-0428-00) described as CITY OF MUSKEGON URBAN RENEWAL
PLAT NO. 2, LOT 428 and WLY 38.84 ft 429 to SSL Properties, LLC (Scott Langlois), of
450 W. Norton Avenue, Muskegon, Ml. The lot is 116.4 x 131.9 ft. and is being offered to
Mr. Langlois for $9,000. He plans to use the land for the construction of a 1,450+ sq. ft.
single-family home. The home will contain 3 bedrooms, a full basement, and a 2-stall
attached garage. The appraised value of the lot is $9,000 and the Mr. Langlois submitted
the only bid of $9,000.

FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.

BUDGET ACTION REQUIRED:
None

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

COMMITTEE RECOMMENDATION:




10/30/02
                                    ResolutionNo. 2002-123 ( i)

                            MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON DUCEY A VENUE IN
MARQUETTE NEIGHBORHOOD FOR $9,000.

WHEREAS, SSL Properties, LLC has placed a $400 deposit for the parcel designated as parcel
numbers 24-611-000-0428-00, located on Ducey A venue;

WHEREAS, SSL Properties, LLC has submitted the only bid of $9,000 for the parcel designated
as parcel numbers 24-611-000-0428-00, located ort Ducey A venue;

WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;

WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots;

NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0428-00, located at
1260 Ducey Avenue be sold to the above-mentioned buyer.

  CITY OF MUSKEGON REVISED PLAT OF 1903 URBAN RENEWAL PLAT NO. 2
                  LOT 428 & WLY 38.84 FT LOT 429;

Adopted t h i s ~ day of November, 2002

Ayes:    Si1epherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler

Nays:     None

Absent      None
              I hereby certify that the foregoing is a true and complete copy of a resolutiol). adopted by
       the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a ·
       regular meeting held on November 12, 2002, and that said meeting was conducted and public ·
       notice of said meeting was given pursuant to and in full compliance with the Open Meetings
       Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were
       kept and will be or have been made available as required by said Act.


                                            ~O-~~·     City Clerk

       DELIB:2362375. l \063684-00032




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                                                                                    -       -       -   -       -   ------ ------------- -
                                      2002-123 ( i)
                              REAL ESTATE PURCHASE AGREEMENT


      THIS AGREEMENT is made November 12                    , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 (ASelle1=), and SSL PROPERTIES, LLC, a Michigan limited liability
company, of 550 W. Norton Avenue, Muskegon, MI 49444 ("Buyer").

         1.     General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:

                           CITY OF MUSKEGON URBAN RENEWAL PLAT
                           NO. 2, Lots 428 and the Westerly 38.84 feet of Lot 429
                           (1260 Ducey Avenue)

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.     Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine Thousand and no/100 Dollars ($9,000.00).

        3.     Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfact01y title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.

         5.     Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the



C:\DOCUME~1\anguilm\LOCALS~1\TemplAK0820.DOC
  premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
  transaction. Buyer may only remove those trees necessary for construction of the home and
  driveway. The home shall be substantially completed within eighteen (18) months and, in the
  event said substantial completion has not occurred, or the restriction of this paragraph relating to
  tree removal is violated, in the sole judgment of the City, the property and all improvements then
  installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
  further covenants that the home shall be owner occupied for five ( 5) years after the closing. The
· covenants in this paragraph shall survive the closing and run with the land.

         6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
 Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
 no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
 the location, boundaries and area of the Premises and improvements thereon without regard to
 any representations that may have been made by Seller or any other person. In the event that a
 survey by a registered land surveyor made prior to closing discloses an encroachment or
 substantial variation from the presumed land boundaries or area, Seller shall have the option of
 effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
 termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
 purchase the Premises subject to said encroachment or variation.

      7.    Condition of Premises and Examination by Buyer. NO IMPLIED
 WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
 PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
 BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
 SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
 PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
 CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
 AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
 THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
 BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
 PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
 DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
 KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
 WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUB STANCES ARE
 FOUND.

        8.       Real Estate Commission. Buyer and Seller both aclmowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions tal,en by the other party.




 C:\DOCUME~1\anguilm\LOCALS-1\Temp\AK0820.DOC
        9.      Closing. The closing date of this sale shall be on or before-------~
  2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
  570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
  IRS closing report at the Closing.

       10.     Delivery of Deed. Seller shall execute and deliver. a quit claim deed to Buyer at
Closing for the Premises.

       11.      Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        12.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       13.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.

                  Buyer shall pay for the cost of recording the deed to be delivered at Closing.

         14.      General Provisions.

               a.     Paragraph Headings. The paragraph headings are inserted in this
         Agreement only for convenience.

                 b.     Pronouns. When applicable, pronouns and relative words shall be read as
         plural, feminine or neuter.

                c.     Merger. It is understood and agreed that all understandings and
         agreements previously made between Buyer and Seller are merged into this Agreement,
         which alone fully and completely expresses the agreement of the parties.

                d.      Governing Law. This Agreement shall be interpreted and enforced
         pursuant to the laws of the State of Michigan.

                e       Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

                 f.      Severability. In case any one or more of the provisions contained in this
         Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
         respect, such invalidity, illegality, or unenforceability shall not affect any other provision
         of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
         unenforceable provision(s) had never been contained herein.




C:\DOCUME-1\anguilm\LOCALS~1\Temp\AK0820.DOC
                g.      Survival of Representations and Warranties. The representations,
         warranties, covenants and agreements contained in this Agreement and in any instrument
         provided for herein shall survive the Closing and continue in full force and effect after
         the consummation of this purchase and sale.

                h.     Modification of the Agreement. This Agreement shall not be amended
         except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.

WITNESSES:




                                                 BUYER:




                                                   Its 'i\. \<.__•'v '-- ,·,'.,;:;,_ .------
                                                              f     •    \               I )


                                                   EIN No.:- - -- -- -




C:IDOCUME-1\anguilm\LOCALS-1\Temp\AK0820.DOC
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,

QUIT CLAIMS to SSL PROPERTIES, LLC, a Michigan limited lia]:>ility company, of 550 W. Norton Avenue, Muskegon, MI
49444,

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

                                    CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2,
                                    Lots 428 and Westerly 38.84 feet of Lot 429
                                    (1260 Ducey Avenue)

for the sum of Nine Thousand and no/100 Dollars ($9,000.00).

PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (1) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.

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

Dated this   /~"'""day of   :f)~b.. ,2002.




        C:\DOCUME~1\ANGUILM\LOCALS~1\TEMP\AK0820.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was acknowledged before me this 12th day of November           2002,
by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, Ml'v,fC, Mayor and Clerk, respectively, of the CITY
                                                    L
OF MUSKEGON, a municipal corporation, on behalf of the        m , f<~     ~~        l:__
                        c:
PREPARED BY: John Schrier
Parmenter O'Toole
                                               £    ~ r, n. vY\.. ¼1y\QlU.!.)CNotary Public
                                               Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786               My Comm. Expires: S- l ~~ Z>S.
Muskegon, MI 49443-0786
Telephone: 231/722-162 l


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




C:\DOCUME~1\anguilm\LOCALS~1\Temp\AK0B20.DOC
                                                                                                                                                     C /c.v/(

                                                    TRANSNATION TITLE INSURANCE COMPANY
                                                    570 Seminole Road
                                                    Muskegon MI 49444
                                                                                                                     Date:                 November 15, 2002
                                                                                                            Escrow Number:                 422917
Property Address:   1260 Ducey
                    Muskegon, Michigan 49442

                                                                                       S E L L E R ' S                    s   TATEMENT
                                                                                                                                   DEBIT              CREDIT
                                                                   Purchas!:!' Price                                     1$                     1$      9,000.00
                                                                                                                         I                      I
                                                                                                                         I                      I
                                                                   EXISTING LOAN                                         I                      I
                                                                   Deposit of earnest money                              I           400:00     I
                                                                   CLOSING FEES                                          I           150.00     I
                                                                   OWNERS PREMIUM                                        I           190.00     I
                                                                   Real Estate Commission                                I                      I
                                                                   Sub Total                                             I$          740.00    1$      9,000.00
                                                                   Amount due Seller                                     1$        8,260.00    I
                                                                   TOTALS                                                1$        9,000.00    I$      9,000.00

**********************************************************************************************************************************

                                                                    The undersign~({ Sellers acknowledge Receip~ of a copy of this
                                                                    statement and agree to the correctness thereof, and ratifies
                                                                    the tjisbursement of the funds as stated therein.


                                                                     Seller(s) Signature(s):



                                                                     Cit~~egon
                                                                       (
                                                                     BY·.   Ju,. ·lei.
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                                                                       Lonna Anguilm, Assistanvrtanner
                                     AFFIDAVIT OF TITLE


 STATE OF MICHIGAN                                           Title Commitment # 4.22917
 COUNTY OF Muskegon

 That City of Muskegon a Municipal Corporation being first duly sworn on oath says that
 they are the true and lawful owner(s) of the premises located at:
                                         1260 Ducey
                                  Muskegon, Michigan 49442

 AND
 1.    That on this date hereof there is no mechanic's lien on the property and that no
       work has been done, or materi a1s furnished,· out of which a mechanic· s lien could
       ripen.
 2.    That no agreement is in effect which would adversely affect the title to the
       property such as a purchase agreement, lease, land contract, option, etc. other
       than the contract with the grantees in a certain deed of even'date hereof.
3.     That the parties in possession other than the affiant(s) are bona fide tenants
       only and have no other interest in the premises whatsoever.
4.     That there are no judgments or liens against affiant(s), including income tax
       liens, adversely affecting the title to said property.
5.     That there are no unpaid taxes, special assessments or water bills outstanding
       other than those shown on the closing statement.
6.     That any overlooked, unknown, or misquoted taxes, special assessments, water
       bills. mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
       soon as informed of such.


                                                Seller(s):

                                               City of Muskegon



                                                                                     anner




Subscribed and sworn to, before me a Notary Public,                                          2002


                                                                             l(ARRIE LEE l(IEL
                                                                     Notary Pu11llc, Musl
          occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and
          Property Damage. Coverage shall include the following extensions: (A) Contractual
          Liability; (B) Products and Completed Operations; (C) Independent Contractors
          Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all
          explosion. Collapse and Underground (SCU) Exclusions, if applicable.

                    e.      Motor Vehicle Liability. The Landlord shall procure and maintain during
           the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
           Coverages, with limits of liability of not less than $1,000,000 per occurrence or combined 6 (!)
           single limit Bodily Injury and Property Damage. Coverage shall include all owned
           vehicles, all non-owned vehicles and all hired vehicles.

                  f.       Additional Insured. Commercial General Liability and Motor Vehicle
          Liability Insurance, as described above, shall include an endorsement stating the
          following shall be "Additional Insureds": The Landlord, all elected and appointed
          officials, all employees and volunteers, all boards, commissions and/or authorities and
          board members, including employees and volunteers thereof. The endorsement adding
          the Landlord as additional insured shall read exactly as follows: "The City of Muskegon
          is hereby added as an additional insured ... "

                  g.      Cancellation Notice. Workers' Compensation Insurance, Commercial
          General Liability Insurance and Motor Vehicle Liability Insurance, as described above,
          shall include an endorsement stating the following: "It is understood and agreed that
          Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction
          and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
          DEPARTMENT".

                   h.     Proof of Insurance Coverage. The Landlord and Tenant shall provide the
           Landlord at the time the contracts are returned by it for execution, certificates and
           policies endorsing the Landlord as additional insured as listed below:




G:\EDSl\F!LES\00100\ 1798\LEASE_GR\AA 1845.DOC                                                 Page3
                                i.      Two (2) copies of Certificate of Insurance for Workers'
                           Compensation Insurance;

                                   ii.     Two (2) copies of Certificate of Insurance for Commercial General
                           Liability Insurance;

                                  iii.           Two (2) copies of Certificate of Insurance for Vehicle Liability
                           Insurance;

                                 iv.    Original Policy, or original Binder pending issuance of policy, for
\.                         Owner's and Contractor's Protective Liability Insurance;                                   \.

                                   v.     If so requested, Certified Copies of all policies mentioned above
                           will be furnished.

                        i.     If any of the above coverages expire during the term of this contract, the
                Landlord and Tenant shall deliver renewal certificates and/or policies to Landlord at least
                ten (10) days prior to the expiration date.

                        11.     Landlord's Remedies. If Tenant defaults in the performance of any of
                the covenants or conditions which Tenant is required to observe and perform under this
                Lease for a period of 10 days following written notice of such failure, or if Tenant
                abandons or vacates the Property during the Term, or if Tenant is dissolved, then
                Landlord may, but need not, treat the occurrence of any one or more of the foregoing
                events as a breach of this Lease, and may, at its option, without notice or demand of any
                kind to Tenant or any other person, have any or more of the following remedies in
                addition to all other rights and remedies provided at law or in equity:

                                      a.         Terminate this Lease and repossess the Property.

                                  b.    Cure the default and recover the cost of curing as Additional Rent
                           due on demand.

                                  c.        In the event the Landlord takes any action to enforce the terms and
                           conditions of this Lease, Landlord shall, in addition to any other remedies
                           available to it, be entitled to collect from Tenant all of its costs incurred in
                           connection with such enforcement including, but not limited to actual attorneys
                           fees.

                12.        Termination; Surrender of Possession.

                           a.         Upon the expiration or termination of this Lease, Tenant shall:

                                             i.      Restore the Property to their condition at the beginning of
                                      the Term, ordinary wear and tear excepted, remove all of its personal
                                      property and trade fixtures from the Property and the Property and repair
                                      any damage caused by such removal;

                                                 ii.    Surrender possession of the Property to Landlord: and

                                             •
     G:\EDSI\FILES\00100\1798\LEASE_GR\AA 1645. 0C                                                            Page4
                                                  If Tenant fails or refuses to restore the Property, Landlord
                                                  111.
                                   may do so and recover its cost. Landlord may, without notice, dispose of
                                   any property of Tenant left upon the Property in any manner that Landlord
                                   chooses without incurring liability to Tenant or any other person. The
                                   failure of Tenant to remove any property from the Property shall forever
                                   bar Tenant from bringing any action or asserting any liability against
                                   Landlord with respect to such Property.

        13.      Holding Over. If Tenant remains in possession of the Property, or any part
thereof, after the termi~ation or expiration of this Lease, and such holding over continues for a
period of more than 30 days, Tenant shall pay Landlord two times the amount of Rent which
would have been due for a like period of occupancy during the Term. The provisions of this
clause shall not operate as a waiver by Landlord of any right it may otherwise have.

        14.    Assignment and Subletting. Tenant shall not, without the express prior written
consent of Landlord, which consent shall not be unreasonably withheld, assign this Lease
(whether as security for an obligation or otherwise); permit any assignment by operation of law;
sublet the Property or any part thereof; or permit the use of the Property by any party other than
Tenant and its employees. No consent by Landlord to an assignment or subletting shall be
construed to relieve Tenant from its obligations or from obtaining Landlord's written consent to
any further assignment or subletting.

           15.         Bankruptcy.

                   a.      If following the filing of a petition by or against Tenant in a bankruptcy
           court, Landlord shall not be permitted to terminate this Lease because of the provisions of
           Title 11 of the United States Code relating to Bankruptcy, as amended (the "Bankruptcy
           Code"), then Tenant (including Tenant as Debtor-in-Possession) or any trustee for Tenant
           agrees to promptly, but no later than 60 days after petition by Landlord to the bankruptcy
           court, assume or reject this Lease, and Tenant agrees not to seek or request any extension
           or adjournrnent of any petition to assume or reject this Lease by Landlord with such
           court. Tenant's, or the trustee's, failure to assume this Lease within the 60-day period
           shall be deemed a rejection. Landlord shall thereupon immediately be entitled to
           possession of the Property without further obligation to Tenant or the trustee, and this
           Lease shall be terminated, except that Landlord's right to damages for Tenant's default
           shall survive such termination.

                     b.     Tenant or any trustee for Tenant may only assume this Lease if (i) it cures
           or provides adequate assurance that the trustee will promptly cure any default, (ii) it
           compensates or provides adequate assurance that the Tenant will promptly compensate
           Landlord for any actual pecuniary loss to Landlord resulting from Tenant's default, and
           (iii) it provides adequate assurance of future performance under this Lease by Tenant. In
           no event after the assumption of this Lease by Tenant or any trustee for Tenant shall any
           then-existing default remain uncured for a period in excess of 10 days. Adequate
           assurance of future performance of this Lease shall include, without limitation, adequate
           assurance (a) of the source of Rent required to be paid by Tenant, and (b) that assumption
           or permitted assignment of this Lease will not breach any provision of this Lease.


G:\EOSI\F lLES\00100\ 1798\LEASE_GR\AA 1645.DOC                                                        Page 5
        16.    Remedies Cumulative. All rights and remedies of Landlord under this Lease
shall be cumulative. The failure of either party to enforce any covenant or condition of this
Lease shall not be deemed a waiver thereof of the right of either party to enforce each and every
covenant and condition of this Lease. No provision of this Lease shall be deemed to have been
waived unless such waiver shall be in writing and signed by the person against whom the waiver
is claimed.

        17.   Expenses of Enforcement. The losing party shall pay all reasonable attorneys'
fees and expenses incurred by the winning party in enforcing any provision of this Lease.

         18.    Landlord's Access to Property. Landlord'may '     enter the Property at reasonable
times upon reasonable notice for the purpose of inspecting or showing them, preventing waste,
loss or destruction, enforcing any of its rights or powers under this Lease, or making such repairs
or alterations as it is required or permitted to make. The obligations of Tenant under this Lease
shall not be affected by any such entry.

           19.        Miscellaneous.

                   a.      Gender; Singular and Plural. Whenever in this Lease words, including
           pronouns, are used in the masculine, they shall be read in the feminine or neuter
           whenever they so apply and vice versa, and words in this Lease that are singular shall be
           read as plural whenever the latter apply and vice versa.

                   b.      Notices. All communications required under this Lease shall be in writing
           and shall be deemed to have been given if either delivered personally or mailed by
           certified or registered mail to a party at the addresses set forth on the first page of this
           Lease. The parties' addresses may from time to time be changed by written notice.

                  c.      Governing Law; Invalidation. This Lease shall be governed by and
           construed in accordance with the Jaws of the State of Michigan. The invalidation of one
           or more terms of this Lease shall not affect the validity of the remaining terms.

                  d.      Amendment. This Lease, including any exhibits or riders attached,
           represents the entire agreement between the parties. No oral or written, prior or
           contemporaneous agreements shall have any force or effect, and this Lease may not be
           amended, altered or modified unless done so by means of a written instrument signed by
           both parties.

                  e.      Successors aud Assigns. The covenants, conditions, and agreements
           contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and,
           except to the extent prohibited, their respective successors and assigns.

                      f.   Covenants and Conditions. All covenants and conditions contained in
           this Lease are independent of one another. All of the covenants of Tenant shall, at the
           option of Landlord, be construed as both covenants and conditions.

                  g.      Sale or Transfer of Property or Property. Upon any sale or transfer,
           including any transfer by operation oflaw, of the Property, Landlord shall be relieved of


G:IEDSI\FILES\00100\ 1798\LEASE_ GR\AA 1645.00C                                                 Page 6
           all subsequent obligations and liabilities under this Lease, provided that the new owner of
           the Property agrees to assume the Landlord's obligations under this Lease.

                   h.      Accord and Satisfaction. Landlord may accept any check or payment of
           less than the full amount it is owed without prejudice to its right to recover the balance or
           to pursue any other remedy in this Lease.

                  i.     Brokers. Landlord and Tenant represents and warrants that it has dealt
           with no broker in connection with this Lease.

                    j.      Consent. Whenever the consent of Landlord is required under this Lease,
           it shall not be unreasonably withheld or delayed.

          This Lease was executed on the date set forth above.

                                                         Landlord - City of Muskegon


                                                         By:_s:~~:,__.p~~~---t'~---
                                                         Name:
                                                         Title:
                                                         Date: - ·w~o~1~,e~~~b~e~r-'-'J2Se----' 200Z


                                                         and by
                                                         Name: Gail A. Kundinger
                                                                                       ,L
                                                         Title: Its City Clerk
                                                         Date:       November 12              , 2002


                                                         Tenant - Great Lakes Dock & Material


                                                         By:---J,---,1,.~'.l..<-.L.._4"--J.f,,1~""'1-------
                                                         Na
                                                         Titl
                                                         Date:




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                                                                       , '~0>~       ~ y fa0
                                                                                      ~ {,Q     .                          ....'   1,
Date:    November 12, 2002

To:      Honorable Mayor and City Commissioners

From:    Engineering

RE:      Michigan Hazard Mitigation Grant Program (HMGP)



SUMMARY OF REQUEST:

To submit a grant application requesting funds to either replace the culvert behind the
Butch's gas station or add a new one. This project is proposed to reduce if eliminate
the ongoing flooding of Sherman. The estimate cost of the project is $100,000. ·



FINANCIAL IMPACT:
The grant requires a match of 25% of the cost.



BUDGET ACTION REQUIRED:
None at this time


STAFF RECOMMENDATION:
To approve the project submittal and resolution.



COMMITTEE RECOMMENDATION:
Date:      November 5, 2002
To:        Honorable Mayor and City Commission
From:      Public Facilities - Sanitation
Re:       Garbage Cart Purchase second shipment of 2002



SUMMARY OF REQUEST:
Authorization to purchase 504 garbage carts from Toter Incorporated
Statesville North Carolina. (Other outlet are in California & Texas)
These are replacement carts for those in service for more than 12 years




FINANCIAL IMPACT:
Unit cost per cart $44.37 (504 per truckload) = $22,362.48




BUDGET ACTION REQUIRED:
This purchase to be charged to the 2002 sanitation budget
Account# 101-60523-5700 (capital outlay equipment)
Budgeted amount is $25,000



STAFF RECOMMENDATION:
Staff recommends approval of the purchase




COMMITTEE RECOMMENDATION:
Date:     October 22, 2002
To:       Honorable Mayor and City Commissioners
From:     RicScott~
RE:       Gypsy Moth Program Contract


SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the 2003 Gypsy
Moth Program Agreement with Muskegon County


FINANCIAL IMPACT:
Unknown


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


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

 Assessor
 23 I /724-6708
 FAX1726-5181

Cemetery
231 /724-6783
FAX/726-5617

C ivil Service
231/724-6716
FAX/724-4405                                         West MfchJgan's Shoreline City
C lcr·k
231 /724-6705
FAX/724-4178

Comm. & Neigh.
                      Date:         October 22 , 2002
   Services
231/724-6717          To:           Honorable Mayor and City Commissioners
FAX/726-2501
                      From :        Ric Scott ~ , e f -
Engineering
231 /724-6707         Re:           Gypsy Moth Program Contract
FAX/727-6904

Finance
                      For many years the County of Muskegon has overseen the
231/724-6713          spraying of Gypsy Moths when necessary . The City has
F AX/724-6768
                      participated in this program , but has not needed
Fire Dept.            spraying for several years. At this time , I do not
231/724-6792
FAX/724-6985          anticipate that any areas of the City will need
Jncome: Tax
                      spraying. However, I would recommend that we enter into
231 /724-6770         the agreement so that if there are areas , we can get the
FAX/724-6768
                      benefit of the pricing from the County program .
Info. Systems
23 I /724-6744        Therefore , I would ask that you authorize the Mayor and
FAX/722-430 I         Clerk sign the attached agreement .
Leisure Service
231/724-6704
                      Thank you for your consideration.
FAX/724--1196

Manager's Office
231/724-6724
FAX/722-1214

Mayor's Office
231/724-6701
FAX1722-1214

Inspection Services
231/724-6715
F AX/726-250 I

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

Police Dept.
231/724-6750
F AX/722-5140

Public Works
231/724-41 00
FAX1722-4188

Treasurer
231/724-6720
FAX/724-6768

Water Bllllng Depl.
231/724-6718
F AX/724-6768

Water Ffltrntlon
231/724-4106
FAX/755-5290


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
          INTERGOVERNMENTAL AGREEMENT FOR
   MUSKEGON COUNTY GYPSY MOTH SUPPRESSION PROGRAM
This agreement is made and entered into this _ _ _day of_ _ _ _ _ _ _, 2002,
by and between City of Muskegon (hereinafter referred to as "Municipality"), and the
County of Muskegon (hereinafter refe(red to as "County"), with respect to the
establishment of an intergovernmental program for the year 2002-2003 for the purpose
of managing gypsy moth populations and their subsequent effects, agree to mutually
assist each other in the implementation ofa comprehensive gypsy moth suppression
program. This agreement is to ensure that appropriate commitment to the gypsy moth
suppression program's goals and objectives are met by both parties.

County Responsibility

A. County shall be responsible for general program administration.

B. County shall be responsible for necessary field audits of areas requiring aerial
   spraying in accordance to Michigan Department of Agriculture (MDA) specifications
   and standards.

C. County shall be responsible for required mapping of areas to be sprayed. This
   includes providing municipalities with copies of appro'priate maps.

D. County shall provide postage-paid, pre-printed post cards as property owner
   notification as required by MDA.

E. County will contract with independent contractors for aerial spraying services.

F. County will determine time and date for aerial spraying operations in accordance
   with MDA specifications.

G. County will invoice Municipality for agreed costs of aerial spraying.


Municipality Responsibility

A. Provide mailing labels for property owner notifications including a count of
   properties affected by the program (based on maps of areas to be sprayed as
   provided by County staff). Provide County ·s taff with copies of mailing list for future
   survey purposes.

B. Assist County staff in locating potential areas of infestation by providing County staff
  · with maps indicating such areas (by October 20, 2000).

C. Approve areas determined to be in accordance with MDA specifications
D. Reimburse County for one-half(½) of the actual cost of spraying on a per acre
   basis. This will be based on actual acres sprayed, as digitized, minus any areas
   deleted due to property owner protest.

Financial Responsibility

The following is the financial responsibility by institution:

County: 50% of administrative costs
MDA: 50% of administrative costs, 50% of spray costs
Municipality: 50% of actual spray costs


Hold Harmless Agreement

To the fullest extent permitted by law, the Municipality shall defend, indemnify, and hold
harmless the County, its subsidiaries, departments, divisions, and agencies and their
respective officials, officers, directors, employees, and agents from and against any and
all liability, litigation, causes of action, and claims, by whomsoever brought or alleged
and regardless of the legal theories upon which based, and from and against all losses,
costs, expenses, and fees and expenses of attorneys and expert witnesses resulting
therefrom on account of, relating to, or arising out of bodily injury to or death of any
person or on account of damage to property, including loss of use thereof, arising or
allegedly arising out of or resulting from the work. The foregoing indemnity of the
County shall include, but is not limited to, claims aileging or involving the negligence of
the Contractor, its subcontractors, or the joint negligence of the Contractor, its
subcontractors, and or the County, but shall not extend to liability found by way of final
judgement to have resulted from the sole negligence of the County.


Withdrawal from Program

The Municipality may withdraw from the program without penalty if notice of such action
is received in writing by April 1, 2003. If no written notice is received, the Municipality
will be responsible for any associated costs or penalties assessed to the County for
withdrawing acres from the program in an untimely manner.


                                                          County of Muskegon
Date:      10/10/02
To:        Honorable Mayor and City Commission
From:      Brett Kraley, Equipment Supervisor DPW
RE:        Budgeted Vehicle Purchases




SUMMARY OF REQUEST: Approval to purchase three Dodge 1500 trucks.



FINANCIAL IMPACT: Total Cost $45,614.34 for all three units.

BUDGET ACTION REQUIRED: None. We will be using funds still available for
2002.



STAFF RECOMMENDATION: Approve purchase of three Dodge 1500 trucks
using The State Of Michigan Purchasing Contract.
Memorandum
To:      Robert Kuhn
From: Brett Kraley
Date: 11/06/02
Re:     Pick Up Trucks



   The Equipment Division would like to ask the Commission for permission to use
funds left in the equipment fund to move up the purchase of three Dodge 1500
trucks that are budgeted for 2003.

   I have solicited bids from the local dealerships as well as the State Of Michigan
Purchasing Contract to compare costs. The bids are as follows Lakeshore Dodge
$50,433.00, Duer Spee! $47850.00, Family Motors $45,855.00 and State Of
Michigan Purchasing Contract $45,614.34.

   The bid from Family Motors is extremely close to the State Contract, but in
accordance with established policy, we are requesting that we us The State Of
Michigan Purchasing Contract.




                                                                                       1
                        Duer S11eet    FamilJl Motors         Lakeshore Dodge          Michigan State Contract   !


TJ£11e of Vehicle       Fremont Ml.   Norton Shores Mi.          Montague Mi.                Lansing Mi.
                                                                                   i


Dodge 1500 truck         $15,950.00          $15,295.00               $16,811.00 ·                 l!15,074. 78 ;

                    .
    Delivery                                              •
                                                                                                      $390.00

  Total Cost             $47,850.00          $45,885.00               $50,433.00                   !!45,614.34




                    '
Date:     October 29, 2002
To:       Honorable Mayor and City Commissioners
From:     Ric Scott
RE:       Leisure Services Master Plan of 2003


SUMMARY OF REQUEST:
To adopt the Leisure Services Master Plan of 2003


FINANCIAL IMPACT:
None


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmative Action
231/724-6703
FAX/722-1214

Assessor
231/724-6708
FAX/726-5181

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

C lvll Service
231 /724-67 16
FAX/724-4405                                          West MlchJgan's Shoreline City
Clerk
231 /724-6705
FAX/724-4178

Comm. & Neigh.
                      Date:           October 29, 2002
  Services
231/724-67 17         To:             Honorable M;,s:>
                                                     f ~City Commissioners
FAX/726-2501

Engineering
                      From:           Ric Scott      YftPW
231 /724-670 7        Re :            Leisure Services Master Plan of 2003
FAX/727-6904

Fin ance
                      A recreation and Parks master plan is required by the
231/724-6713          Michigan DNR to be eligible to receive grant funding .
FAX/724-6768
                      This year the City of Muskegon's five- year plan is up
Fire Dept.            for renewal.
231/724-6792
FAX/724-6985
                      The Leisure Services Board has been systematical ly going
Income Tax            through the plan since last spring. At their meeting on
231/724-6770
FAX/724-6768
                      October 21 st , the Board voted to recommend the attached
                      plan to the City Commission .
Info. Systems
23 I /724-6744
FAX/722-4301
                      The plan is a comprehensive study of what the city
                      currently is doing in recreation and what facilities
Leisure Service
23 l /724-6704
                      exist and their condition. It concludes with an action
FAX/724-1196          plan that provides a guideline for improving recreation
Manager's Office
                      and parks for the residents of the City of Muskegon.
23 I /724-6724
FAX/722-12 14         The DNR requires that a public hearing be held to gather
                      public input on the proposed plan . I would ask that
Mayor's Office
23 l /724-6701        after the hearing, that the City Commission adopt the
FAX/722-1214
                      Master plan.
Inspection Services
231/724-6715
                      Thank you for your consideration.
FAX/726-2501

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

Police Dept.
23 I /724-6750
FAX/722-5140

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

Treasurer
23 I /724 -6720
F AX/724-6768

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

Water Filtration
231/724-4106
FAX/755-5290


                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                 RESOLUTION NO. _ __
                               MUSKEGON CITY COMMISSION

RESOLUTION ADOPTING THE MUSKEGON LESURE SERVICES MASTER PLAN OF
2003

WHEREAS,        the City Commission of the City of Muskegon has unde1taken a Five Year
                Leisure Services Plan which describes the physical features, existing recreation
                facilities and the desired actions to be taken to improve and maintain recreation
                facilities dm-ing the period from 2003 and 2008, and

WHEREAS,        a public comment session was held November 12, 2003 at the Muskegon City
                Commission Chambers to provide an opportunity for citizens to express
                opinions, ask questions, and discuss all aspects of the Leism-e Services Plan, and

WHEREAS,        the City Commission of the City of Muskegon has developed the plan for the
                benefit of the entire comm1mity and to adopt the plan as a docm-uent to assist in
                meeting the recreation needs of the connnunity, and

WHEREAS,        after the public hearing, the City Commission of the City of Muskegon voted to
                adopt said Leism-e Services Master Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Connnission of the City of Muskegon
           hereby adopts the City of Muskegon Leisure Services Master Plan of2003 as a
           guideline for improving recreation for the residents of the City of Muskegon.

Adopted this 12th day of November, 2002

AYES:

NAYS:

ABSENT:

I, Gail Kundinger, the City of Muskegon Clerk, do hereby certify that the foregoing is a true and
01iginal copy of a resolution adopted by the City Commission of the City of Muskegon at a
regular Meeting thereof held on November 12, 2002

                                                         BY _ _ _ _ _ _ _ _ __
                                                              Steve Warmington, Mayor

                                                 ATTEST _ _ _ _ _ _ _ __
                                                           Gail Kundinger, City Clerk
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          NOVEMBER 12, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               BLACK CREEK RD, SHERMAN TO LATIMER




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Black Creek Rd. from
Sherman to Latimer, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$55,762.98 would be spread against the twelve-(12) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               ResolutionNo.       2002-125{b)


                       Resolution Confirming Special Assessment Roll

                   For BLACK CREEK RD., 528' s. OF OLTHOFF TO LATIMER


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on July 9, 2002, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the roll filed before or at the hearing.

THEREFORE, BE IT RESOLVED:

1.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                    FOR BLACK CREEK RD., 528' S. OF OLTHOFF TO LATIMER
Continued...



3.      The Clerk is directed to endorse the certificate of this confirmation resolution and the
        Mayor may endorse or attach his warrant bearing the date of this resolution which is the
        date of confirmation.

This resolution passed.

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



Nays:      None
        - ~~~------ - - - - -- - - - - - - -- - - - --


                                                               Cityof~                   ,
                                               By    ~0-
                                                      A.
                                                     Gail
                                                                                      ~
                                                               Kundinger,. •c ity Clerk


                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 12, 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.

Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being November 12, 2002.




                                               By
                                                      ~ tyu ~
                                                      ail A. Kundinger, City ~
                                      EXHIBIT A


     BLACK CREEK FROM SHERMAN BLVD. TO LATIMER
                         SPECIAL ASSESSMENT DISTRICT

AIi properties abutting that section of Black Creek Rd. from 563' S. of the Centerline of
                                    Olthoff to Latimer
               BLACK CREEK RD., 528' S. OF OLTHOFF TO LATIMER

                MAYOR'S ENDORSEMENT AND WARRANT


I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
                      AFFIDAVIT OF MAILING


STATE OF MICIDGAN    )
                     ) ss
COUNTY OF MUSKEGON)

      TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                H-1536 Black Creek, Sherman to Latimer

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1st OF NOVEMB R 2002

                                      -~
                                       ' Q_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ __ DAY OF _ _ _ _ _ __ _, 2002.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES - --      -----
November 1st, 2002




OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49442



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS

    NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT
                          ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will
now consider final confirmation of the special assessment roll:

                     Milling & Resurfacing-Black Creek, Sherman N to Latimer

                                        Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
Tuesday, NOVEMBER 12th, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either
in person, by agent or in writing to express your opinion, approval, or objection concerning the
special assessment. Written appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE
SPECIAL ASSESSMENT IS CONFIRMED NOVEMBER 12th, 2002 YOU WILL HAVE THIRTY
(30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH
THE MICHIGAN TAX TRIBUNAL (517-334-6521). HOWEVER, UNLESS YOU PROTEST AT
THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $124,000 of which
$55.762.98 will be paid by special assessment. If the special assessment is confirmed, your
property will be assessed $XXXX based on XXX feet assessable front footage at $12.62 per
assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway
approach and/or sidewalk improvements made to your property for a total special assessment
cost of $XXXX. Following are the terms of the special assessment:

                              Assessment Period: Ten (10) Years
                                    Interest Rate: 5% per year
                             First Installment: $XXX.XX PER YEAR
                                   Due Date: January 1", \ 2002
0
    The total assessment may be paid in full any time prior to the due date shown above
    without interest being charged. After this date, interest will be charged at the rate
    shown above on the outstanding balance. Assessments also may be paid over a ten
    year period in ten equal principal installments. If you pay your assessment in
    installments, your annual installment (including interest) will be included as a separate
    item on your property tax bill each year. Therefore, if you pay your property taxes
    through a mortgage escrow agent, you should notify them of this change. Early
    payments may be made at any time and are encouraged.

    PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
    HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
    LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
    PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
    WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
    INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

    If you have any specific questions about the work done please call the Engineering
    Department at 231- 724-6707 before the hearing date.

    Please refer to the enclosed sheet entitled Special Assessment Payment Options for
    more information on the payment options and Application for Waiver of Special
    Assesment for financial assistance .


    Sincerely,
            ~




/
    }1:lh ~ J !lJf:f~'
                j
    Mohammed AI-Shatel, P.E.
                              1




    City Engineer




    Enclosures
                                                        Special Assessment Payment Options
    !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.....,.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!......,..,,   I
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

                      Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
                      amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
                      described below.

                      Driveway, Sidewalk, and Approach Assessments -Ten (10) years equal annual principal paynienfa
                      plus applicable interest as described below.

                      Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
                      to complete the project for which you are assessed and has pledged you assessments for repayment of i
                      the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
                      must pay on the borrowed money plus 1.00%.

    Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
    To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

              •        Be 65 years or older or be totally or permanently disabled.

              •        Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead                                                                                                                                                                           \i_.


                       being assessed for five (5) years or more.                                                         \
                                                                                                                                                                                                                                                                                                     ,,
                                                                                                                                                                                                                                                                                                     11

              •         Be a citizen of the U.S.

              •         Have a total household income not in excess of $16,823.00

              •         Have a special assessment of $300.00 or more.

     Under this program the State of Michigan will pay the entire balance owing of the special assessment,
     including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
     property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
     sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
.
     interest is accrued at the rate of 6.00% per year.

      IV. Further Information About the Above Programs
      Further information about any of the above payment options may be obtained by calling either the City
      Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
      the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
      Office in City Hall.

      V. Additional Special Assessment Payment Assistance
      Qualified low and moderate income homeowners who are being assessed may be eligible for payment
      assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
      from this program will be available to the extent that funds are available. To obtain further information and
      determine whether you are eligible, contact the Community and Neighborhood Services Department at
      724-6717.
                                      CITY OF MUSKEGON
                                   NOTICE OF PUBLIC HEARING
                            CONFIRMATION OF SPECIAL ASSESSMENT ROLL

                                      SPECIAL ASSESSMENT DISTRICT:

                          BLACK CREEK RD., 528' S. OF OLTHOFF TO LA TIMER

The location of the special assessment districts and the properties proposed to be assessed are:

                  •    All parcels abutting Black Creek Rd. from 528' S. of Olthoff to Latimer


PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of Muskegon
Commission Chambers on NOVEMBER 12, 2002 at 5:30 p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll that has been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER
IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED,
YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL
ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.

You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are
to hear objections to the assessment rolls and to approve, reject, or correct the said roIIs.

                                                           Gail A. Kundinger, City Clerk, MMC
Publish: NOVEMBER 02, 2002
                                                    ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
lwenly-four hours notice to the City. Contact:
                                             Gail A. Kundinger, City Clerk
                                      933 Terrace Street, Muskegon, MI 49440
                                        (231) 724-6705 of TDD (23 I) 724-6773
                                       CITY OF MUSKEGON

                                     Resolution: No.   2002-83 (a)


                 Resolution At First Hearing Creating Special Assessment District
               For Black Creek Rd. from 563' S. of the CL. Of Olthoff to Latimer.
                       Location and Description of Properties to be Assessed:
                             See Exhibit A attached to this resolution


   RECITALS:

   1.   A hearing has been held on July 9, 2002 at 5 :30 o'clock p.m. at the City
        Commission Chambers. Notice was giveh by mail and publication as required by
        law.

- 2.    That estimates of costs of the project, a feasibility report and valuation and benefit
        information are on file with the City and have been reviewed for this hearing.

  3.    At the hearing held July 9, 2002, there were 37.6s1/o objections by the owners of the
        property in the district registered at the hearing either in writing received before or at the
        hearing or by owners or agents present at the hearing, and the Commission has
        considered the advisability of proceeding with the project.

  FINDINGS:

  1.    The City Commission has examined the estimates of cost to construct the project
        including all assessable expenses and determines them to be reasonable.

  2.    The City Commission has considered the value of the property to be assessed and the
        value of the benefit to be received by each property proposed to be assessed in the district
        after the improvements have been made. The City Commission determines that the
        assessments of costs of the City project will enhance the value of the properties to be
        assessed in an amount at least equivalent to the assessment and that the improvement
        thereby constiti.ites a benefit to the property.

  THEREFORE, BE IT RESOLVED:

  1.    The City Commission hereby declares a special assessment district to include the
        property set forth in Exhibit A attached to this resolution.

  2.    The City Commission determines to proceed with the improvements as set forth in the
        feasibility study and estimates of costs, and directs the City Engineer to proceed with
        project design, preparation of specifications and the bidding process. If appropriate and
        if bonds are to be sold for the purposes of financing the improvements, the Finance
        Department shall prepare plans for financing including submission of application to the
        Michigan Department of Treasury and the beginning of bond proceedings.
  3.    The City Commission hereby appoints a Board of Assessors consisting of City
        Commissioners       Warmington                         and    Schweifler
        and the City Assessor who are hereby directed to prepare an assessment roll.
        Assessments shall be made upon front foot basis.

4.      Based on the City's Special Assessment policy and preliminary estimates it is expected
        that approximately 45% of the cost of the street improvement will be paid by special
        assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

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


       Nays    None



                                                            CITY OF MUSKEGON


                                                            By ~.G\(_;i_r~
                                                                 Gail A. Kundinger, Cle~


                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on July 9, 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON


                                                    By~oLr'Gail A. Kundinger, Clerk
                                      EXHIBIT A



     BLACK CREEK FROM SHERMAN BLVD. TO LATIMER
                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Black Creek Rd. from 563' S. of the Centerline of
                                    Olthoff to Latimer
                                                           H-1536                         HEARING DATE NOVEMBER 12th, 2002

                              Milling & Resurfacing-Black Creek, Sherman N to Latimer

                                          SPECIAL ASSESSMENT ROLL
                                                                                                                    DR APP
PARCEL                   @             OWNER                     MAILING ADDRESS                         PAVING      /SW        TOTAL

24-693-000-0036-00   2121 LATIMER DR   BEKAERT STEEL WIRE 2121 LATIMER DR     MUSKEGON    Ml 49442      $6,789.56    $0.00    $6,789.56

24-134-400-0001-00   2200 BLACK CREEK CONSUMERS ENERG      4000 CLAY AVE SW   GRAND RAPID Ml 49501-0    $1,794.94    $0.00    $1,794.94

24-134-400-0002-20   2241 BLACK CREEK TRACE ENVIRONMEN     2241 BLACK CREEK   MUSKEGON    Ml 49442-0    $5,001.68    $0.00    $5,001.68

24-134-400-0002-00   2285 BLACK CREEK CITY OF MUSKEGON     933 TERRACE ST     MUSKEGON    Ml 49443       $772.34     $0.00     $772.34

24-134-400-0002-10   2325 BLACK CREEK SIGN GRAFTERS        2325 BLACK CREEK   MUSKEGON    Ml 49442-0    $3,786.00    $0.00    $3,786.00

24-694-000-0038-00   2265 BLACK CREEK RS B PROPERTY L L    2265 BLACK CREEK R MUSKEGON    Ml 49444     $13,194.97    $0.00   $13,194.97

24-695-000-0056-00   2541 BLACK CREEK MUNN PROPERTIES L 1489 US31 NORTH       TRAVERSE CITMI 49686      $3,621.94    $0.00    $3,621.94

24-695-000-0055-00   2534 BLACK CREEK WESTSHORE ENG & S 2534 BLACK CREEK R MUSKEGON       Ml 49442-0    $3,344.30    $0.00    $3,344.30

24-694-000-0053-00   2225 OLTHOFF ST   STATE OF MICHIGAN   PO BOX 30050       LANSING     Ml 48909         $0.00     $0.00          $0.00

24-694-000-0039-00   2246 OLTHOFF ST   REID TOOL SUPPLY C 2265 BLACK CREEK R MUSKEGON     Ml 49444      $4,618.92    $0.00    $4,618.92

24-134-400-0002-30   2400 BLACK CREEK CITY OF MUSKEGON     933 TERRACE ST     MUSKEGON    Ml 49443      $2,965.70    $0.00    $2,965.70

24-134-400-0006-00   2350 BLACK CREEK BJE LL C             1985 E LAKETON AVE MUSKEGON    Ml 49442-0    $1,564.88    $0.00    $1,564.88

24-134-400-0003-10   2330 BLACK CREEK CITY OF MUSKEGON     933 TERRACE ST     MUSKEGON    Ml 49443         $0.00     $0.00          $0.00

24-134-400-0003-00   2300 BLACK CREEK SOUTH SHORE PROP     2300 BLACK CREEK   MUSKEGON    Ml 49444-0    $8,307.75    $0.00    $8,307.75




  11/13/02
                                                                                                                      Page 1 of 2
                                                                   H-1536                                               HEARING DATE NOVEMBER 12th, 2002

                                              Milling & Resurfacing-Black Creek, Sherman N to Latimer

                                                           SPECIAL ASSESSMENT ROLL
                                                                                                                                                    DR APP
PARCEL                                @                 OWNER            MAILING ADDRESS                                                PAVING         /SW        TOTAL
   ---- -    ----•   ·-•---                                                     ·-····· ·····•·--··-····· ··· · - --   --               - - - - - - - - --··

                              TOTALS .......... . _ .                                                                                $55,762.98       $0.00 $55,762.98

                                                                        PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT


                                                                BOARD OF ASSESSORS


                                                                                                                /~Jftc
                                                                                                          ,TION        DATE



                                                                                                                       DATE

                                                                                                                        11/~//~ L--
                                                                                                                       DATE   ( co




  11/13/02
                                                                                                                                                        Page 2 of 2
Date:          October 8, 2002
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Second amendment to the Special Assessment Roll
               Sidewalk Replacement Program 2002 (Area E5)

SUMMARY OF REQUEST:

It is respectfully requested that the amended 2002 sidewlak roll be amended one more time to
remove, add and adjust the special assessment amounts "due to an oversight on our part in the
engineering department. The special assessment roll for the 2002 sidewalk program be
amended to:

    •   869 Amity ............ Remove
    •   1061 Allen ........... Remove
    •   858 Amity ........... Reduce assessment from $265 to $132.5
    •   1240 Isabella ........ Add an assessment of $132.5 to the roll, signed awaiver.



FINANCIAL IMPACT:

A total of$153,787.70 will be assessed against 295 parcels.




BUDGET ACTION REQUIRED:

None at this time.



STAFF RECOMMENDATION:

To approve the amended special assessment roll and adopt the attached resolution.



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               Resolution No.      2002-125 ( c)


              Resolution for second Amendment to the Special Assessment Roll
                                                            '
                for THE 2002 SIDEWALK REPLACEMENT PROGRAM


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       properties set forth in Exhibit A attached to this resolution on February 12, 2002,,at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City. The original roll was adopted September
       24, 2002, and it appears that the roll should be amended to remove the properties located
       at 869 Amity (24-121-300-0115-00) and I 061 Allen (24-142-000-0048-00).
       Furthermore, the roll should be amended to add 1240 Isabella (24-128-200-0007-00) and
       to reduce the assessment amount against 858 Amity (24-121-300-0072-00) from $265 to
       $132.5.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the amended roll filed before or at the
       hearing.

THEREFORE. BE IT RESOLVED:

I.    That the special assessment roll submitted by the Board of Assessors as amended is
      hereby approved.

2.    That the assessments levied may be made in installments as follows: annual installments
      over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at
      the rate of 5.00% per annum to be paid in addition to the principal payments on the
      special assessment:
RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL
FOR THE 2002 SIDEWALK REPLACEMENT PROGRAM

Continued...

3.      The Clerk is directed to endorse the certificate of this
        confirmation resolution and the Mayor may endorse or attach his wa1Tant bearing the date
        of this resolution which is the date of confirmation.

This resolution passed.

Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson. Schwe.ifler



Nays: _N,_,_.o,!.!_n_,., e,____ _ __ __ _ _ _ __ _ _ _ _ __ __ _ _ _ _ __



                                                               City of Muskegon

                                               By    ~ o~~ ·
CERTIFICATE
                                                    Gail A. Kundinger, City        ct::
This resolution was adopted at a meeting of the City Commission, held on November 12, 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.

Further, I hereby certify that the special assessment roll referred to in thi~ resolution was
confirmed on this date, being November 12, 2002.

                                                                   City ofMuskegon


                                                     By     ~ a-Lek~
                                                          Gail A. Kund inger, City Cler
                                                EXHIBIT A


                      SIDEWALK REPLACEMENT PROGRAM FOR2002

                                 SPECIAL ASSESSMENT DISTRICT

The location of the special assessment district and the properties proposed to be assessed are:

Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2002.

  All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995 Evanston,
                                 1381, 1391 & 1405 Madison
             THE 2002 SIDEWALK REPLACEMENT PROGRAM
                             (Area E-5)

                MAYOR'S ENDORSEMENT AND WARRANT


I, STEPHEN WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
                      AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON)



             H-1535 Sidewalk Replacement Program for 2002

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF NOV MBER 2002.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  /.3th DAYOF ,4/4 //Cm ~ f ,    ,2002.

~           -d ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICIDGAN

MY COMMISSION EXPIRES       9-d S-- 0   b
 PARCEL
                              AMENDED SPECIAL ASSESSMENT ROLL
                      @
                                          TAXPAYER                                                           TOTAL

'24-680-000-0013-00   1259    ADA AVE     PICARD LAURA J              1259 ADA AVE        MUSKEGON   Ml    $397.50
24-680-000-0009-00    1272    ADA AVE     PECK BRUCE                  1272ADAAVE          MUSKEGON   Ml    $265.00
24-250-000-0092-00    1086    ADA AVE     HARKER PATRICK J            1086 ADA AVE        MUSKEGON   Ml    $132.50
24-250-000-0089-00    1068    ADA AVE     SCOTT DOUGLAS L             1068ADAAVE          MUSKEGON   Ml    $861.25
24-250-000-0086-00    1048    ADA AVE     DREESE MONTE G/KENDRA       1048ADAAVE          MUSKEGON   Ml    $530.00
24-250-000-0105-00    1025    ADA AVE     PAIGE BETTY J/HARRY         1025ADAAVE          MUSKEGON   Ml    $575.05
24-250-000-0103-00    1037    ADA AVE     JOLMAN BRADLEY              1037 ADA AVE        MUSKEGON   Ml    $466.40
24-250-000-0102-00    1043    ADA AVE     ROGERS RICHARD D/MONIQUE 1043 ADA AVE           MUSKEGON   Ml    $201.40
24-250-000-0100-00    1055    ADA AVE     BAKER DANIEL/STEPHANIE      1055 ADA            MUSKEGON   Ml    $251.75
24-250-000-0099-00    1059    ADA AVE     LEE LYNELL U                1059ADAAVE          MUSKEGON   Ml    $728.75
24-250-000-0098-00    1067    ADA AVE     BOWMAN JOHN J/PUTNAM JUDI 1067 ADA AVE          MUSKEGON   Ml    $265.00
24-250-000-0096-00    1081    ADA AVE     SCAIFE CALVIN               3433 EVANSTON AVE   MUSKEGON   Ml    $265.00
24-250-000-0094-00    1093    ADA AVE     WALTON GWENDOLYN E          1093ADAAVE          MUSKEGON   Ml    $397.50
24-250-000-0122-00    913     ADA AVE     KITCHEN MARK A/DELPHINE E   913ADAAVE           MUSKEGON   Ml    $795.00
24-250-000-0067-00    924     ADA AVE     LANDACRE PAMELA             924ADAAVE           MUSKEGON   Ml    $530.00
24-250-000-0068-00    930     ADA AVE     JOHNSON JEREMIAH J          930ADAAVE           MUSKEGON   Ml    $742.00
24-250-000-0069-00    934     ADA AVE     POTTER MARIE E              934ADAAVE           MUSKEGON   Ml    $636.00
24-250-000-0070-00    942     ADA AVE     GENTER FAMILY LIVING TRUST 1915 FRANCIS AVE     MUSKEGON   Ml   $1,049.40
24-250-000-0071-00    948     ADA AVE     KILGORE LEONA M             948 ADA AVE         MUSKEGON   Ml    $397.50
24-250-000-0073-00    966     ADA AVE     INGRAM SONYA L              966 ADA AVE         MUSKEGON   Ml    $132.50
24-250-000-0076-00    984     ADA AVE     BECKER JOHN/DANETTE         984 ADA AVE         MUSKEGON   Ml   $1,802.00
24-250-000-0078-00    990     ADA AVE     DODGE WILLIAM F             990ADAAVE           MUSKEGON   Ml    $397.50
24-250-000-0134-00    829     ADA AVE     DOUBLES GEORGE              1351 MARIANNE AVE   MUSKEGON   Ml    $265.00
24-250-000-0132-00    839     ADA AVE     !KENS Y/MEDENDORP S/BLAKE 318 HOUSTON AVE       MUSKEGON   Ml    $132.50
24-250-000-0131-00    845     ADA AVE     MEANS DANEE E               2109 JARMAN         MUSKEGON H Ml    $132.50
24-851-003-0001-00    1210    ALLEN AVE   COBB FRANK/EDMONSON/TRO     801 MILLS           MUSKEGON   Ml    $265.00
24-850-002-0006-00    1260    ALLEN AVE   PERRY CONNIE L              1260 ALLEN AVE      MUSKEGON   Ml    $148.40
24-785-000-0027 -00   1316    ALLEN AVE   ODNEAL ROBERT               1316 ALLEN AVE      MUSKEGON   Ml    $265.00
24-785-00Q-0023-00    1340.   ALLEN AVE   MAJOR DEBR.A A              1340 ALLEN          MUSKEGON   Ml    $422.21
24-850-001-0012-00    1297    ALLEN AVE   PEREZ AGAPITO               1297 ALLEN          MUSKEGON   Ml    $530.00
24-785-000-0002-00    1315    ALLEN AVE   DENGLER ESTHER A/ET AL      1315 ALLEN AVE      MUSKEGON   Ml    $132.50

                                                                                                               Page
11 /06/02
 PARCEL               @
                             AMENDED SPECIAL ASSESSMENT ROLL                                                   TOTAL
                                         TAXPAYER
"24-785-000-0005-00   1345   ALLEN AVE   MOORE INVESTMENT PROPER    PO 5377                MUSKEGON    Ml    $283.55
24-785-000-0008-00    1351   ALLEN AVE   PALMER MARION              1351 ALLEN AVE         MUSKEGON    Ml    $132.50
24-121-300-0183-00    1186   ALLEN AVE   ROSEARDIE C                484 MCLAUGHIN AVE      MUSKEGON    Ml    $588.30
24-121-300-0178-00    1148   ALLEN AVE   DAKE JOSEPH                1148 ALLEN AVE         MUSKEGON    Ml    $265.00
24-121-300-0177-00    1132   ALLEN AVE   FLEET MORTGAGE CORP        11200 W PARKLAND AVE   MILWAUKEE   WI    $636.00
24-121-300-0186-00    1131   ALLEN AVE   CUNNINGHAM LAWAUN          1131 ALLEN AVE         MUSKEGON    Ml    $705.76
24-121-300-0188-00    1145   ALLEN AVE   TILLEMA GLEN A             2044 S WALKER RD       MUSKEGON    Ml    $874.50
24-121-300-0190-00    1155   ALLEN AVE   JORDAN MYRTLE H            1153 ALLEN AVE         MUSKEGON    Ml    $397.50
24-121-300-0144-00    849    ALLEN AVE   TRAYLOR LINDA C            849 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0143-00    845    ALLEN AVE   COLLIE ALLEN J             845 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0128-00    830    ALLEN AVE   WHITE GARY JR              830 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0129-00    838    ALLEN AVE   ERICKSON AUDREY            1949 RIEGLER RD        MUSKEGON    Ml    $121.63
24-121-300-0132-00    868    ALLEN AVE   COACH MATILDA              868 ALLEN AVE          MUSKEGON    Ml    $516.75
24-142-000-0051-00    1085   ALLEN AVE   THOMAS HOLMAN/MAY DELL     1085 ALLEN AVE         MUSKEGON    Ml    $879.80
24-142-000-0042-00    1015   ALLEN AVE   BANK OF NEW YORK           101 BARCLAY ST         NEW YORK    NY    $241.15
24-142-000-0040-00    1003   ALLEN AVE   JOHNSON LATESHA            1003 ALLEN AVE         MUSKEGON    Ml    $267.65
24-142-000-0030-00    982    ALLEN AVE   BROWN IDELLIA              982 ALLEN AVE          MUSKEGON    Ml    $552.06
24-142-000-0023-00    1044   ALLEN AVE   IVORY BETTY                1044 ALLEN AVE         MUSKEGON    Ml    $132.50
24-142-000-0021-00    1060   ALLEN AVE   DAVIS WENDY/BETTS RASHON   1060 ALLEN AVE         MUSKEGON    Ml    $132.50
24-142-000-0017-00    1084   ALLEN AVE   MUSKEGON CONQUERING FAI    1084 ALLEN AVE         MUSKEGON    Ml   $1,231.30
24-142-000-0006-00    999    AMITY       CITY OF MUSKEGON           933 TERRACE            MUSKEGON    Ml    $265.00
24-121-400-0005-00    1248   AMITY AVE   BLACKMON PATRICIA          1248 AMITY AVE         MUSKEGON    Ml    $265.00
24-121-400-0006-00    1270   AMITY AVE   NEUMANN RICHARD            552 E BARD RD          MUSKEGON    Ml    $530.00
24-121-400-0007-00    1280   AMITY AVE   HILL LINDAA                1280 AMITY AVE         MUSKEGON    Ml    $613.48
24-850-002-0012-00    1291   AMITY AVE   COOPER ELI                 5967 AIRLINE RD        FRUITPORT   Ml    $132.50
24-785-000-0034-00    1359   AMITY AVE   DOOLEY ARTHUR EARL         1359 AMITY AVE         MUSKEGON    Ml    $397.50
24-785-000-0042-00    1397   AMITY AVE   GILLIAM MARY A             1397 AMITY             MUSKEGON    Ml    $265.00
24-121-300-0116-00    877    AMITY AVE   ROBAR PAUL                 1119 SOPHIA ST         MUSKEGON    Ml    $530.00
24-121-300-0114-00    861.   AMITY AVE   RING LINDA L               861 AMITY AVE.         MUSKEGON    Ml    $287.06
24-121-300-0067-00    824    AMITY AVE   WYNN BOAZIE/GERALDINE      824AMITY AVE           MUSKEGON    Ml   $1,099.75
24-121-300-0071-00    850    AMITY AVE   ROSS ANNIE L TRUST         850 AMITY AVE          MUSKEGON    Ml    $861.19


11 /06/02
 PARCEL               @
                             AMENDED SPECIAL ASSESSMENT ROLL
                                                                                                                  TOTAL
                                          TAXPAYER

'24-121-300-0072-00   858    AMITY AVE    SMITH JOHN K               PO BOX 1422              MUSKEGON    Ml    $132.50
24-121-300-0061-00    892    AMITY AVE    SMITH GEORGE T             892 AMITY AVE            MUSKEGON    Ml   $2,252.50
24-121-300-0073-00    904    AMITY AVE    BRIGGS JACQUELINE MOFFET   904 AMITY AVE            MUSKEGON    Ml   $1,104.12
24-121-300-007 4-00   918    AMITY AVE    HIGLEY GERALD F            918AMITY AVE             MUSKEGON    Ml    $795.00
24-121-300-0076-00    934    AMITY AVE    WILSON VINDA               934 AMITY AVE            MUSKEGON    Ml    $265.00
24-142-000-0016-00    1093   AMITY AVE    SUMLAR RANMERLEE           1093 AMITY AVE           MUSKEGON    Ml    $265.00
24-142-000-0012-00    1051   AMITY AVE    HUGHES PERRY               1051 AMITY AVE           MUSKEGON    Ml    $132.50
24-142-000-0002-00    965    AMITY AVE    BANKS GWENDOLYN            965 AMITY AVE            MUSKEGON    Ml    $159.00
24-142-000-0001-00    961    AMITY AVE    WALLACE CARL/NICOLE        961 AMITY AVE            MUSKEGON    Ml    $583.00
24-121-300-0092-00    966    AMITY AVE    JACOBS BARBARA             966 AMITY AVE            MUSKEGON    Ml    $927.50
24-121-300-0093-00    982    AMITY AVE    DAVIS DELORES              3125 8TH ST              MUSKEGON H Ml     $415.12
24-121-300-0100-00    1048   AMITY AVE    AUSTIN TONY S              1048 AMITY AVE           MUSKEGON    Ml    $287.06
24-121-300-0105-00    1094   AMITY AVE    BEACH ASHEL T/ESMERALDA    1094 AMITY AVE           MUSKEGON    Ml    $481.39
24-121-300-0164-00    1111   AMITY AVE    DAVIS LAWRENCE JR          1111 AMITY AVE           MUSKEGON    Ml    $132.50
24-121-300-0165-00    1123   AMITY AVE    LEGERT TAYLOR/WILLIE MAE T 1123 AMITY AVE           MUSKEGON    Ml    $135.15
24-121-300-0168-00    1143   AMITY AVE    SUHR BLANCHE J/MARILYN J   1143AMITYAVE             MUSKEGON    Ml    $122.76
24-680-000-0081-00    1301   APPLE        BUNTY INC                  1301 E APPLE             MUSKEGON    Ml   $3,204.60
24-121-400-0025-00    1216   APPLE AVE    POSTEMA MAX                1216 E APPLE AVE         MUSKEGON    Ml    $662.50
24-850-001-0006-00    1258   APPLEAVE .   TEMPLE HARRY               1258 E APPLE AVE         MUSKEGON    Ml    $397.50
24-850-001-0002-00    1280   APPLE AVE    DIPLEY ROSE                1280 E APPLE AVE         MUSKEGON    Ml    $132.50
24-850-001-0001-00    1294   APPLE AVE    MCBRIDE ROBERT/WALKER NI   1294 E APPLE AVE         MUSKEGON    Ml    $132.50
24-121-400-0027-00    1314   APPLE AVE    APPLE INVESTORS LLC        1314 E APPLE AVE         MUSKEGON    Ml    $686.35
24-121-400-0028-00    1328   APPLE AVE    S L PROPERTIES             1314 E APPLE AVE         MUSKEGON    Ml    $397.50
24-121-400-0034-00    1392   APPLE AVE    VANSOLKEMA DAVID/MARY      4360 HACKLEY POINT LN    MUSKEGON    Ml    $323.30
24-121-400-0035-00    1414   APPLE AVE    WMCR CORPORATION           PO BOX456                ALPENA      Ml   $1,457.50
24-730-000-0169-00    1436   APPLE AVE    B K MUSKEGON PROPERTIES    4220 EDISON LAKES PKWY   MISHAWAKA   IN    $397.50
24-121 °300-0202-00   1176   APPLE AVE    SCOTT JOYCE A              1176 E APPLE AVE         MUSKEGON    Ml    $530.00
24-121-300-0200-00    1162   APPLE AVE    MITCHELL JOHN              1162 E APPLE AVE         MUSKEGON   Ml     $397.50
24-121-300-0197-00    1130   APPLE AVE    JAMESON MARY E             1130 E APPLE AVE         MUSKEGON . Ml     $132.50
24-121-300-0157-00    868    APPLE AVE    TIMMER J SCOTT             301 E CIRCLE DR          N MUSKEGON Ml     $132.50
24-121-300-0161-00    908    APPLE AVE    FRALY CRAIG/HOWE D         908 E APPLE AVE          MUSKEGON    Ml    $132.50

                                                                                                                    Page
11 /06/02
 PARCEL               @
                             AMENDED SPECIAL ASSESSMENT ROLL
                                           TAXPAYER                                                               TOTAL

"24-121-300-0151-00   920    APPLE AVE     HITTLE JAMES J             1321 KINGSLEY ST       MUSKEGON     Ml    $132.50
24-121-300-0163-00    938    APPLE AVE     MCEACHEN JAMES/BONITA      1439 EAST ST           MUSKEGON     Ml    $265.00
24-128-200-0010-00    1333   APPLE AVE     PRIMAX PROPERTIES LLC      1115 E MOREHEAD ST     CHARLOTTE    NC   $3,733.62
24-142-000-0053-00    1090   APPLE AVE     TOKARCZYK DANA             1090 E APPLE AVE       MUSKEGON     Ml    $265.00
24-121-300-0198-00    1150   APPLE AVE     BAKER MICHAEL D            1150 EAPPLEAVE         MUSKEGON     Ml    $132.50
24-680-000-0003-00    1279   APPLE AVE     BLOCKBUSTER VIDEO          PO BOX 8009              MCKINNEY   TX   $1,120.95
24-128-200-0009-00    1317   APPLE AVE     PUTHOFF C RICHARD          13 HARTFORD AVE PO BOX 8 MUSKEGON   Ml   $2,831.75
24-226-000-0033-00    1395   APPLE AVE     BESSINGER ROLAND H         15460 WISTERIA LN      SPRING LAKE Ml    $3,074.00
24-390-001-0003-00    1111   APPLE AVE     MATTHEWS CAROLYN           1111 E APPLE AVE       MUSKEGON     Ml    $662.50
24-250-000-0029-00    941    APPLE AVE     ZUZELSKI GREGORY A         941 E APPLE AVE        MUSKEGON     Ml    $817.06
24-250-000-0035-00    917    APPLE AVE     SPANN SAMONE/BENN          917 E APPLE AVE        MUSKEGON     Ml    $397.50
24-250-000-0038-00    897    APPLE AVE     FRIES DONALD E             486 HILL AVE           GLEN ELLYN   IL    $927.50
24-680-000-0057-00    1162   BURTON RD     BAYLE TRICIA L             1330 5TH ST            MUSKEGON     Ml    $132.50
24-680-000-0079-00    1036   BURTON RD     PUTHOFF C RICHARD/SHARON   1400 LAKE SHORE CT     MUSKEGON     Ml   $1,468.10
24-685-011-0001-00    1254   CALVIN AVE    BELLAH JOSEPH M            1254 CALVIN AVE        MUSKEGON     Ml    $397.50
24-475-000-0002-00    1427   CALVIN AVE    BURR CHARLENE              1427 CALVIN AVE        MUSKEGON     Ml    $530.00
24-475-000-0006-00    1475   CALVIN AVE    CHAPMAN AHMED J            1475 CALVIN AVE        MUSKEGON     Ml    $530.00
24-750-000-0039-00    1337   CALVIN AVE    LYNK PAMELA D              1337 CALVIN AVE        MUSKEGON     Ml    $265.00
24-685-010-0003-00    1200   CALVIN AVE    SORENSON ORVILLE           1200 CALVIN AVE        MUSKEGON     Ml    $132.50
24-128-100-0041-00    1125   CALVIN AVE    BOOKER SAMUEL JR           1125 CALVIN AVE        MUSKEGON     Ml    $397.50
24-128-100-0043-00    1145   CALVIN AVE    0 CONNELL RICHARD          1145 CALVIN AVE        MUSKEGON     Ml   $1,489.30
24-128-100-0044-00    1155   CALVIN AVE    OLSEN WILLIAM JR           1155 CALVIN AVE        MUSKEGON     Ml   $1,510.50
24-685-009-0018-00    1185   CALVIN AVE    RAFFERTY STEVEN F/NANCY K 1185 CALVIN AVE         MUSKEGON     Ml    $132.50
24-190-004-0012-00    1094   CALVIN AVE    VANDERSTELT MAURICE V      1094 CALVIN AVE        MUSKEGON     Ml     $84.80
24-190-003-0025-00    1051   CALVIN AVE    JOHNSON GERALD R           1051 CALVIN AVE        MUSKEGON     Ml    $222.60
24-680-000-0039-00    1265   CATHERINE AVE B BOLEMA REAL ESTATE ONE L 4450 WEBER RD          WHITEHALL    Ml    $132.50
24-680-000-0033-00    1270   CATHERINE AVE QUINTERO MIGUEUNANCY       1270 CATHERINE AVE     MUSKEGON     Ml    $132.50
24-680-000-0031-00    1286   CATHERINE AVE BERRY ANTHONY/SINGLETON    1286 CATHERINE AVE     MUSKEGON     Ml    $132.50
24-680-000-0059-00    1312   CATHERINE AVE RADEMAKER EVA M            1312 CATHERINE AVE     MUSKEGON     Ml    $265:oo
24-680-000-0062-00    1318   CATHERINE AVE SMITH LEONA                1318 CATHERINE AVE     MUSKEGON     Ml    $397.50
24-251-000-0246-00    878    CATHERINE AVE MERRICK DOROTHY V          878 CATHERINE AVE      MUSKEGON     Ml    $411.49


11 /06/02
 PARCEL
                              AMENDED SPECIAL ASSESSMENT ROLL
                      @
                                            TAXPAYER                                                                TOTAL
I24-251-000-0247-00   872     CATHERINE AVE BUCKNER DIAN L             872 CATHERINE AVE         MUSKEGON   Ml    $259.70
24-251-000-0249-00    860     CATHERINE AVE SHAW WILLIAM D             860 CATHERINE AVE         MUSKEGON   Ml   $1,007.00
24-251-000-0228-00    996     CATHERINE AVE MOORE JOHN K               996 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-251-000-0229-00    992     CATHERINE AVE HINTON ALAN LOUIS JR       992 CATHERINE AVE         MUSKEGON   Ml    $371.00
24-251-000-0230-00    986     CATHERINE AVE WATERMAN NANCY E           986 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-251-000-0233-00    972     CATHERINE AVE GALBERT BEN                972 CATHERINE AVE         MUSKEGON   Ml    $662.50
24-251-000-0235-00    954     CATHERINE AVE JOHNSON SARAH/CLAUDIA      954 CATHERINE AVE         MUSKEGON   Ml    $530.00
24-251-000-0238-00    936     CATHERINE AVE BARNES ERICA S             936 CATHERINE AVE         MUSKEGON   Ml    $662.50
24-251-000-0239-00    930     CATHERINE AVE UNITED STATES OF AMERICA   1755 SOUTH MITCHELL ST    CADILLAC   Ml    $132.50
24-430-000-0001-00    915     CATHERINE AVE KNOLLINGER DONA J          2701 HUIZENGA ST LOT 54   MUSKEGON   Ml    $397.50
24-430-000-0003-00    929     CATHERINE AVE GOINS AYLIA                929 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-430-000-0005-00    943     CATHERINE AVE VANHOESEN LAURA D          943 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-430-000-0006-00    951     CATHERINE AVE BARNES SHAWNDRA            951 CATHERINE AVE         MUSKEGON   Ml    $795.00
24-430-000-0007-00    957     CATHERINE AVE REDDING CELIA A            2580 E ELLIS RD           MUSKEGON   Ml    $132.50
24-430-000-0011-00    987     CATHERINE AVE FONGERS ROBERT             987 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-430-000-0012-00    995     CATHERINE AVE BUFFEY TIMOTHY J           995 CATHERINE AVE         MUSKEGON   Ml    $265.00
24-430-000-0013-00    1001    CATHERINE AVE ESTEPP SHERYL              1001 CATHERINE AVE        MUSKEGON   Ml    $132.50
24-430-000-0014-00    1011    CATHERINE AVE PERSONS GLEN/KELLY         1011 CATHERINE AVE        MUSKEGON   Ml    $397.50
24-750-000-0176-00    1461    CRESTON ST    GRAYER GEORGE L            1461 CRESTON ST           MUSKEGON   Ml    $397.50
24-750-000-0180-00    1481    CRESTON ST    HEJKA HELEN                1481 CRESTON ST           MUSKEGON   Ml    $662.50
24-4 75-000-0080-00   1516    CRESTON ST    BELMONTE FRANK             1516 CRESTON ST           MUSKEGON   Ml    $265.00
24-4 75-000-0091-00   1380    CRESTON ST    PIATT ALAN                 1380 CRESTON ST           MUSKEGON   Ml    $265.00
24-4 75-000-0093-00   1354    CRESTON ST    HAMMERLE CLINT F           1354 CRESTON ST           MUSKEGON   Ml    $132.50
24-4 75-000-0094-00   1344    CRESTON ST    BOLEMA LUMBER & SUPPLY     1230 E LAKETON AVE        MUSKEGON   Ml    $132.50
24-750-000-0081-00    1325    CRESTON ST    NGUYEN NGA T               1325 CRESTON ST           MUSKEGON   Ml    $265.00
24-128-200-0011-00    1367    E APPLE       TRIDONN DEVELPOMENT        1838 RUDDIMAN             MUSKEGON   Ml   $4,531.50
24-121-400-0037 -00   1490    EAPPLE        R& EMC ELROY               PO BOX 802206             DALLAS     TX    $863.88
24-250-000-0035-10    1020    EASTGATE ST   ROMANELLI LARRY B          1020 EASTGATE ST          MUSKEGON   Ml    $204.05
24-475-000-0071-00    149;)   EASTWOOD DR COURTNEY R J                 1_499 EASTWOOD DR         MUSKEGON   Ml   $1,192.50
24-475-000-0027-00    1500    EASTWOOD DR   DILL RANDALL E/PAMELA J    1500 EASTWOOD DR          MUSKEGON   Ml   $1,192.50
24-475-000-0052-00    1301    EASTWOOD DR LANDINGHAM WILLIAM F ETUX    1301 EASTWOOD DR          MUSKEGON   Ml    $530.00


11 /06/02
 PARCEL
                             AMENDED SPECIAL ASSESSMENT ROLL
                      @
                                             TAXPAYER                                                            TOTAL

"24-475-000-0053-00   1321   EASTWOOD DR    BLACKSHIRE KEITH              1321 EASTWOOD DR    MUSKEGON   Ml    $530.00
24-4 75-000-0038-00   1360   EASTWOOD DR JOHNSON TROY C                   1360 EASTWOOD DR    MUSKEGON   Ml    $397.50
24-4 75-000-0040-00   1334   EASTWOOD DR MOORE ROBERT R                   1334 EASTWOOD DR    MUSKEGON   Ml    $795.00
24-475-000-0044-00    1290   EASTWOOD DR WILLIAMS MARFAYE                 1300 EASTWOOD DR    MUSKEGON   Ml    $662.50
24-685-001-0007-20    1226   EVANSTON AVE MCDONALD JUDITH A               1226 EVANSTON AVE   MUSKEGON   Ml    $556.50
24-685-002-0001-10    1250   EVANSTON AVE AVANT MILDRED S TRUST           1250 EVANSTON AVE   MUSKEGON   Ml    $159.00
24-750-000-0197-00    1332   EVANSTON AVE DAHLMAN DOUGLAS/DAWN            1332 EVANSTON AVE   MUSKEGON   Ml    $795.00
24-750-000-0191-00    1300   EVANSTON AVE LYONS LORETTA                   1300 EVANSTON AVE   MUSKEGON   Ml    $795.00
24-750-000-0203-00    1376   EVANSTON AVE WILCOX RONALD L                 1376 EVANSTON AVE   MUSKEGON   Ml    $265.00
24-750-000-0199-00    1356   EVANSTON AVE PUTNAM DAVID W                  1356 EVANSTON       MUSKEGON   Ml    $397.50
24-4 75-000-0078-00   1440   EVANSTON AVE MAHN BRUCE A/CHARLOTTE          1440 EVANSTON AVE   MUSKEGON   Ml   $1,192.50
24-128-100-0013-00    984    EVANSTON AVE SCHUITEMA PETER F               984 EVANSTON AVE    MUSKEGON   Ml    $132.50
24-190-001-0002-00    1096   EVANSTON AVE 2001 C/W 24-190-001-0001-00     PO BOX536           MUSKEGON   Ml   $2,816.95
24-850-002-0001-00    941    EVART ST       MORRIS NATHANIEL              941 EVART ST        MUSKEGON   Ml    $132.50
24-685-003-0003-00    1260   FLOWER AVE     FORESTER MARK/KAREN           1260 FLOWER AVE     MUSKEGON   Ml    $190.80
24-685-003-0005-00    1270   FLOWER AVE     TICE LOIS K                   1270 FLOWER AVE     MUSKEGON   Ml    $13144
24-685-003-0007-00    1282   FLOWER AVE     RAWDON ALBERT JR              1282 FLOWER         MUSKEGON   Ml    $494.65
24-750-000-0157-00    1318   FLOWER AVE     BULTHOUSE LUCILLE             3675 NORTON HILLS   MUSKEGON   Ml   $1,192.50
24-750-000-0155-00    1326   FLOWER AVE     SINGLETON JAMES L             3925 E APPLE        MUSKEGON   Ml    $583.00
24-750-000-0149-00    1366   FLOWER AVE     SI PERLY PAULINE              1366 FLOWER AVE     MUSKEGON   Ml    $265.00
24-750-000-0145-00    1392   FLOWER AVE     HEIKKINEN HAROLD              1392 FLOWER         MUSKEGON   Ml    $927.50
24-750-000-0163-00    1309   FLOWER AVE     BURR JACKLYN K                1309 FLOWER AVE     MUSKEGON   Ml    $132.50
24-750-000-0165-00    1315   FLOWER AVE     BULLERMAN NEIL J              1315 FLOWER AVE     MUSKEGON   Ml    $397.50
24-750-000-0169-00    1357   FLOWER AVE     SMITH DANIEL W/REBECCA S      1367 FLOWER AVE     MUSKEGON   Ml    $397.50
24-750-000-0174-00    1387   FLOWER AVE    . 2001 C/W24-750-000-0173-00   1387 FLOWER AVE     MUSKEGON   Ml    $397.50
24-685-006-0014-00    1213   FRANCES AVE    MESSER CHARLES                1213 FRANCES AVE    MUSKEGON   Ml    $132.50
24-685-007-0008-00    1285   FRANCES AVE    POST JEFFREY P                1285 FRANCES AVE    MUSKEGON   Ml    $265.00
24-685-007-0012-00    1261   FRANCES AVE    REDMON GARY                   1261 FRANCES AVE    MUSKEGON   Ml    $882.50
24-685-009-0004-00    1208   FRANCES AVE    KECK LESLIE C                 1208 FRANCES AVE    MUSKEGON . Ml    $132.50
24-685-009-0008-00    1232   FRANCES AVE    VANDAM ELDRED                 1232 FRANCES AVE    MUSKEGON   Ml    $132.50
24-750-000-0079-00    1391   FRANCES AVE    BREWER PAULE/DEBBIE L         1391 FRANCES AVE    MUSKEGON   Ml    $795.00


11 /06/02
 PARCEL               @
                             AMENDED SPECIAL ASSESSMENT ROLL                                                     TOTAL
                                            TAXPAYER
I24-750-000-0057-00   1346   FRANCES AVE    STINSON PATRICIA A         1346 FRANCES          MUSKEGON    Ml    $530.00
24-128-100-0051-00    1172   FRANCES AVE    VEIHL SABRINA              1172 FRANCES AVE      MUSKEGON    Ml   $5,013.80
24-685-006-0016-00    1201   FRANCES AVE    MEYERS CARRIE              1201 FRANCES AVE      MUSKEGON    Ml    $132.50
24-685-001-0007 -10   1415   GARDEN AVE     RODRIGUEZ WILLIAM          1415 GARDEN AVE       MUSKEGON    Ml    $190.80
24-121-300-0040-00    840    GETTY ST       BABCOCK CHERYLL            840 GETTY ST          MUSKEGON    Ml    $132.50
24-250-000-0143-00    1096   GETTY ST       EVANS DARLENE              2116 APPLE AVE.       MUSKEGON    Ml    $795.00
24-250-000-0137-00    1072   GETTY ST       STEINBACH JOHN/MARY        18364 174TH           SPRING LAKE Ml    $339.20
24-251-000-0192-00    1122   GETTY ST       VANDERMOLEN JAMES A REV    1122 GETTY ST         MUSKEGON    Ml    $132.50
24-160-000-0027 -00   1180   GETTY ST       PHILADELPHIA MISSIONARY BA 845 CATHERINE AVE     MUSKEGON    Ml    $530.00
24-390-004-0004-00    1132   GREEN ST       WEBB ALVIN/TRACIE          1132 GREEN ST         MUSKEGON    Ml    $265.00
24-390-004-0002-00    1112   GREEN ST       PATRICIO GREGORY J/TAMMY   1112 GREEN ST         MUSKEGON    Ml    $132.50
24-128-1 00-0003-00   1027   GREEN ST       TOWNSEND REUBEN            1027 GREEN ST         MUSKEGON    Ml    $132.50
24-128-100-0004-00    1049   GREEN ST       SANDIFER OLLIE L           1049 GREEN ST         MUSKEGON    Ml    $397.50
24-390-001-0017-00    1057   GREEN ST       VANDERMOLEN HARRIET        1057 GREEN ST         MUSKEGON    Ml    $132.50
24-685-004-0002-00    1254   HOWARD         ARNOLDI JOHN/KATHY         1070 CADILLAC         MUSKEGON    Ml    $530.00
24-685-003-0008-00    1283   HOWARD AVE     CARR VICTORIA H            1283 HOWARD AVE       MUSKEGON    Ml    $397.50
24-750-000-0129-00    1305   HOWARD AVE     VEEN CLARENCE ET AL        1305 HOWARD AVE       MUSKEGON    Ml    $530.00
24-750-000-0143-00    1391   HOWARD AVE     MYERS MAXE                 1391 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-005-0003-00    1206   HOWARD AVE     WILLIAMSON WILLIAM Ill     1206 HOWARD AVE       MUSKEGON    Ml    $132.50
24-685-005-0005-00    1210   HOWARD AVE     ADAMS ERIC D               1210 HOWARD AVE       MUSKEGON    Ml    $795.00
24-685-005-0007-00    1224   HOWARD AVE     TUCKER IDA ROBINSON        1244 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-005-0008-00    1236   HOWARD AVE     KELLY KIMBERLY ANN         1236 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-004-0006-00    1280   HOWARD AVE     SCHOENMAKER MARTIN W       1280 HOWARD AVE       MUSKEGON    Ml    $265.00
24-750-000-0127-00    1306   HOWARD AVE     MURDZIAALLAN D             1306 HOWARD AVE       MUSKEGON    Ml    $132.50
24-750-000-0113-00    1390   HOWARD AVE     FERRIS RICHARD             1390 HOWARD AVE       MUSKEGON    Ml    $132.50
24-685-005-0002-00    1192   HOWARD AVE     MCKINLEY JEANETTE          1192 HOWARD AVE       MUSKEGON    Ml    $132.50
24-128-200-0006-00    1236   !SABELLA AVE   MOORE JOHNNY               1236 E ISABELLAAVE    MUSKEGON    Ml    $265.00
24-128-200-0007 -00   1240   !SABELLA AVE   VAUTERS WILLIAM T          1240 E !SABELLA AVE   MUSKEGON    Ml    $132.50
24-680-000-00.23-00   1260   ISABELLA AVE   TERRELL ESTHER             1260 E !SABELLA AVE   MUSKEGON    Ml    $397.50
24-225-000-0010-00    1354   ISABELLAAVE    VANBEMMELEN JAMES A        1354 E !SABELLA AVE   MUSKEGON    Ml    $397.50
24-250-000-0182-00    1074   ISABELLAAVE    HANNON MICHELLE            1074 E ISABELLAAVE    MUSKEGON    Ml    $369.41

                                                                                                                   Page
11 /06/02
    PARCEL
                             AMENDED SPECIAL ASSESSMENT ROLL
                      @
                                            TAXPAYER                                                             TOTAL
I
24-250-000-017 4-00   1024   ISABELLAAVE    WEVER JAMES E             1024 E ISABELLAAVE     MUSKEGON    Ml    $265.00
24-250-000-0159-00    924    !SABELLA AVE   WALLACE KAREN ET AL       1417WARNER             WHITEHALL   Ml   $1,325.00
24-250-000-0161-00    936    !SABELLA AVE   BROUGHMAN AARON J         936 E !SABELLA AVE     MUSKEGON    Ml   $1,022.90
24-250-000-0163-00    950    !SABELLA AVE   MACK RONALD JR            950 E ISABELLAAVE      MUSKEGON    Ml    $230.55
24-250-000-0164-00    956    !SABELLA AVE   WACKERLE MARC             4922 MCARTHUR RD       MUSKEGON    Ml    $132.50
24-250-000-0167-00    972    !SABELLA AVE   BRIDGES GREG              972 E ISABELLAAVE      MUSKEGON    Ml    $151.05
24-250-000-0168-00    984    !SABELLA AVE   GOODEN THERESA A          984 E ISABELLAAVE      MUSKEGON    Ml    $265.00
24-250-000-0173-00    1008   !SABELLA AVE   PASTOR CHAD               1008 E ISABELLAAVE     MUSKEGON    Ml    $768.50
24-250-000-0151-00    866    !SABELLA AVE   BEENE EUGENE              866 E ISABELLAAVE      MUSKEGON    Ml    $132.50
24-250-000-0149-00    852    !SABELLA AVE   BRININSTOOL JERRY         1819 BELMONT DR        MUSKEGON    Ml    $132.50
24-250-000-0146-00    834    !SABELLA AVE   JACOBS PROPERTY INVESTME 1701 W SHERMAN BLVD STE MUSKEGON    Ml    $530.00
24-251-000-0200-00    843    !SABELLA AVE   NESBITT BARBARA ANN       843 E ISABELLAAVE      MUSKEGON    Ml    $397.50
24-251-000-0203-00    863    ISABELLA AVE   WATKINS EWELL/DELORES/MO 863 E !SABELLA AVE      MUSKEGON    Ml    $265.00
24-251-000-0204-00    871    !SABELLA AVE   WADE JAMES/MICHELLE       1337 SUMAC ST          MUSKEGON    Ml    $662.50
24-251-000-0213-00    937    !SABELLA AVE   BLACK PAMELO J            1193 RANSOM ST         MUSKEGON    Ml    $265.00
24-251-000-0214-00    943    !SABELLA AVE   MARLOW JUANITA L          943 E !SABELLA AVE     MUSKEGON    Ml    $397.50
24-251-000-0224-00    1007   !SABELLA AVE   MITCHELL MARIA            1007 E ISABELLAAVE     MUSKEGON    Ml    $397.50
24-685-005-0010-00    1237   LANGELAND AV MUTTART ROBERT JR           1237 LANGELAND AVE     MUSKEGON    Ml    $106.00
24-685-006-0006-00    1220   LANGELAND AV CITY OF MUSKEGON            933 TERRACE ST         MUSKEGON    Ml    $500.85
24-685-006-0007-00    1226   LANGELAND AV PATRICIO DOMINIC/SUSAN      1226 LANGELAND AVE     MUSKEGON    Ml    $235.85
24-685-007 -0005-00   1274   LANGELAND AV JDR PROPERTIES LLC          PO BOX 145             FRUITPORT   Ml    $265.00
24-685-007-0006-00    1280   LANGELAND AV WALKER ROGER L              1260 KENNETH           MUSKEGON    Ml    $132.50
24-685-007-0007 -00   1288   LANGELAND AV SPENCER DONALD              1288 LANGELAND AVE     MUSKEGON    Ml    $265.00
24-750-000-0096-00    1300   LANGELAND AV FRANKLIN SHARRON B          1300 LANGELAND AVE     MUSKEGON    Ml    $397.50
24~750-000-0088-00    1348   LANGELAND AV MCFAYDEN GEORGE/BRIMMER 1348 LANGELAND AVE         MUSKEGON    Ml    $265.00
24-685-006-0001-00    1188   LANGELAND AV BRASPENNING SUSIE M         1188 LANGELAND AVE     MUSKEGON    Ml    $291.50
24-190-002-0008-00    1070   LANGELAND AV DEUELL MICHAEL              1306 CARDINAL CIRCLE   N MUSKEGON Ml     $132.50
24-190-002-0004-00    1052   LANGELAND AV STORDAHL GREGG M            1052 LANGELAND         MUSKEGON    Ml    $132.50
24-350-000-0013-00    1391   MADISON ST     CRUMMEL WARD H            1391 MADISON ST        MUSKEGON    Ml   $1,478.70
24-350-000-0014-00    1405   MADISON ST     CRAIN MATTHEWO            1405 MADISON ST        MUSKEGON    Ml   $1,380.65
24-250-000-0010-10    1024   MADISON ST     FISHER DAVID/KATHY        1024 MADISON ST        MUSKEGON    Ml    $198.75


11 /06/02
 PARCEL                @
                              AMENDED SPECIAL ASSESSMENT ROLL                                                            TOTAL
                                             TAXPAYER

"24-190-005-0001-00    1200   MADISON ST     LEWIS JOE                   1200 MADISON ST            MUSKEGON     Ml   $2,159.75
24-190-002-0030-00     1320   MADISON ST     HOPKINS JUSTINA             1320 MADISON ST            MUSKEGON     Ml    $265.00
24-685-011-0012-00     1259   MCLAUGHLIN A   HAYNES DELAWRENCE           1259 MCLAUGHLIN AVE        MUSKEGON     Ml    $265.00
24-680-000-0051-00     1312   MCLAUGHLIN A   SCHUTTER RUSSELL T          1312 MCLAUGHLIN AVE        MUSKEGON     Ml    $291.50
24-750-000-0014-00     1385   MCLAUGHLIN A   MEADOWS LESLEY R            1385 MCLAUGHLIN AVE        MUSKEGON     Ml    $265.00
24-750-000-0010-00     1361   MCLAUGHLIN A   PHIPPS CHARON C REV TRUST 1361 MCLAUGHLIN AVE          MUSKEGON     Ml    $132.50
24-190-005-0004-00     1044   MCLAUGHLIN A   ALDERINK MELINDA K          1044 MCLAUGHLIN AVE        MUSKEGON     Ml    $365.70
24-190-005-0005-00     1050   MCLAUGHLIN A   STONE REX/RHONDA            1050 MCLAUGHLIN AVE        MUSKEGON     Ml    $132.50
24-128-100-0031-00     1153   MCLAUGHLIN A   MERCER GREG                 1153 MCLAUGHLIN AVE        MUSKEGON     Ml    $132.50
24-190-004-0030-00     1027   MCLAUGHLIN A   BANKERS TRUST CO OF CALIF   800 RIDGEVIEW DR 2ND FLR HORSHAM        PA    $530.00
24-190-004-0025-00     1059   MCLAUGHLIN A   KRACHT JAMES E              1059 MCLAUGHLIN AVE        MUSKEGON     Ml    $265.00
24-190-004-0020-00     1081   MCLAUGHLIN A   RUUD CINDY                  1081 MCLAUGHLIN AVE        MUSKEGON     Ml    $662.50
24-190-004-0016-00     1111   MCLAUGHLIN A   VEST RUSSELL JR             1111 MCLAUGHLIN            MUSKEGON     Ml    $257.05
24-121-300-0036-00     921    OAK AVE        RILEY TIMOTHY F/PIPKINS TAMI 921 OAK AVE               MUSKEGON     Ml    $132.50
24-121-300-0029-00     861    OAK AVE        GARDNER JOHN JR             861 OAK AVE                MUSKEGON     Ml    $662.50
24-121-300-0009-00     866    OAK AVE        CARTER NORMAN/BERTHA        866 OAK AVE                MUSKEGON     Ml    $172.25
24-121-300-0012-00     886    OAK AVE        SINGLETON LIGHTLE CORP      3925 APPLE AVE             MUSKEGON     Ml   $1,047.81
24-121-300-0013-00     896    OAK AVE        STEGALL LORI   M            896 OAK AVE                MUSKEGON     Ml    $397.50
24-121-300-0011-00     914    OAK AVE        MOORE INVESTMENT PROPS      PO BOX 5377                MUSKEGON     Ml    $397.50
24-121-300-0014-00     920    OAK AVE        JACKSON JULIA M             920 OAK AVE                MUSKEGON     Ml    $309.12
24-121-300-0015-00     926    OAK AVE        MATTSON BRIAN/SHELLY        15400 COMSTOCK             GRAND HAVE   Ml    $265.00
24-121-300-0018-00     946    OAK AVE        BAILEY JIMMIE R             946 OAK AVE                 MUSKEGON    Ml    $866.97
24-121-300-0085-00     1007   OAK AVE        CONSUMERS ENERGY            4000 CLAY AVE SW PO   BOX 2 GRAND RAPID Ml   $1,060.00
24-121-300-0080-00     987    OAK AVE        CRAIN REBAL                 987 OAK ST                 MUSKEGON     Ml    $710.20
24-390-001-0004-00     1030   OAKGROVEST     BRATSBURG CORI/MITCHELL F 1030 OAKGROVE ST             MUSKEGON     Ml    $450.50
24-390-001-0012-00     1086   OAKGROVEST     HOLCOMB JUNE A              1086 OAKGROVE ST           MUSKEGON     Ml    $405.45
24-128-100-0028-00     1212   OAKGROVEST     MCMILLEN ANN M              1212 OAKGROVE ST           MUSKEGON     Ml    $662.50
24-128-100-004 7 -00   1280   OAKGROVEST     SOKOLOWSKI/BOLLES           1280 OAKGROVE ST           MUSKEGON     Ml   $1,566.15
24-128-100-0066-00.    1350   OAKGROVEST     SHYNE JOHN A                1350 OAKGROVE ST           MUSKEGON     Ml   $1,987.50
24-121-300-0063-00     915    ORCHARD AVE    LEE ENOUS/LEE LINWOOD       915 ORCHARD AVE            MUSKEGON     Ml    $132.50
24-121-300-0046-00     872    ORCHARD AVE    LESTER CLANCIE              872 ORCHARD AVE            MUSKEGON     Ml    $154.56


11 /06/02
 PARCEL               @
                             AMENDED SPECIAL ASSESSMENT ROLL
                                           TAXPAYER                                                          TOTAL
I24-121-300-0048-00   886    ORCHARD AVE   BROWN CHARLES D          886 ORCHARD AVE      MUSKEGON    Ml    $265.00
24-121-300-0050-00    908    ORCHARD AVE   GILBERT FAY R            908 ORCHARD AVE      MUSKEGON    Ml   $1,104.12
24-121-300-0051-00    922    ORCHARD AVE   WILKINS GAIL L           922 ORCHARD AVE      MUSKEGON    Ml    $132.50
24-121-300-0053-00    940    ORCHARD AVE   MCKENZIE ELIZABETH W     940 ORCHARD AVE      MUSKEGON    Ml    $132.50
24-850-001-0007-00    954    PLYMOUTH ST   TEMPLE HARRY E           1258 E APPLE         MUSKEGON    Ml    $530.00
24-390-002-0023-00    1035   ROBERTS ST    LALONDE LAURIE           1035 ROBERTS ST      MUSKEGON    Ml    $265.00
24-390-002-0021-00    1051   ROBERTS ST    HOFFMAN HERMAN           1051 ROBERTS ST      MUSKEGON    Ml    $132.50
24-128-100-0045-00    1255   ROBERTS ST    HUDSON HERMAN A          1255 ROBERTS ST      MUSKEGON    Ml   $1,392.84
24-750-000-0186-00    1467   SAMBURTST     BYRD CHARLES R           1467 SAMBURT ST      MUSKEGON    Ml    $132.50
24-121-300-0124-00    921    STEVENS ST    MOFFETT ISAAC JR         1500 N PETERSON RD   MUSKEGON    Ml    $132.50
24-121-300-0066-00    873    STEVENS ST    BRADFIELD LARRY D        873 STEVENS ST       MUSKEGON    Ml    $132.50
24-121-300-0065-00    863    STEVENS ST    VAZQUEZ CARLOS A/ET AL   15136 OAKLAND        SPRING LAKE Ml    $397.50
24-142-000-0032-00    940    STEVENS ST    SIMS DORIS               940 STEVENS ST       MUSKEGON    Ml    $341.85
24-121-300-0082-00    846    STEVENS ST    BURT MAYLIA M            846 STEVENS ST       MUSKEGON    Ml    $927.50
24-121-300-0087 -00   850    STEVENS ST    FISHER GLORIA J ET AL    850 STEVENS ST       MUSKEGON    Ml    $485.81




1 i /06/02
 PARCEL                         @
                                           AMENDED SPECIAL ASSESSMENT ROLL
                                                                         TAXPAYER                                                        TOTAL

"24-121-300-0091-00             876          STEVENS ST                 BIBBS SUSIE A               876 STEVENS ST   MUSKEGON   Ml      $132.50




                                                                                                GRAND TOTAL                          $153,787.70


                 BOARD OF ASSESSORS:


              d , ~~  , r r -.-, 1n~1rn   r-r., ,~,.,., r   ~ _..., ,"..,..,,..,.,
                                                                                     /~;Z-
                                                                                      -   •~-




                                                                                J




11 /06/02
Date:        November 12, 2002

To:       Honorable Mayor and City Commissioners

From:         Finance Director

RE:       Water Rate Study



SUMMARY OF REQUEST: Although traditionally, the City has adjusted its utility
rates without the use of consultants, staff is recommending at this time retaining an outside
consultant to review water rates. There are three reasons for this: 1) substantial state-
mandated capital improvements will be necessary over the next few years and we want to
ensure the rate structure is adequate to fund these needs; 2) as the percentage of system
users outside of the city increases, we need to ensure that system costs are equitably
allocated and that city residents receive full benefit for the 100+ years of investment they
have made in the system; and, 3) recent court decisions have made it particularly important
to fully justify and document user fees changes. Previously the city has selected Tetra Tech
to perform the current system reliability study and to serve as design engineer for the
aforementioned water plant improvements. Based on their knowledge of our system and its
capital needs, we recommend this firm also be authorized to perform the water rate study.


FINANCIAL IMPACT: $10,900to be paid from the water fund.

BUDGET ACTION REQUIRED: None at this time. The cost of the study can be
absorbed within the current budget. The 2003 budget assumes adjustments are made to the
current water rates.

STAFF RECOMMENDATION: Approval of Tetra-Tech to perform the water rate
study for the city.

COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.




9/18/97
1'lETIRA 1'1EICl-il MPS




September 17, 2002



Mr. Timothy Paul
Finance Director
City of Muskegon
933 Terrace Street
Muskegon, MI 49443-0536

Re:    Muskegon, Michigan
       "SmartRate" Water Cost of Service Study

Dear Mr. Paul:

In response to your request, we at Tetra Tech MPS (TTMPS) are pleased to submit our
proposal to complete a Water Cost of Service Study for the City using our "SmartRate" linked
financial spreadsheet product.

INTRODUCTION

In order to comply with the intent of the December 1998 Michigan Supreme Court decision
Bolt v. City of Lansing, your Water Cost of Service Study should address the following
questions and recommend changes as necessary:

1. Is the current water rate methodology valid per the guidance given in "Bolt"?

2. Can the City revise the costs recovered by the Readiness-to-Serve and Commodity
   charges?

3. If the City is considering State low interest drinking water funding for any of the capital
   improvements included in the City's water reliability study, does the City contribute funds
   to a dedicated water equipment replacement fund in compliance with Michigan
   Department of Environmental Quality (MDEQ) User Charge System requirements?

4. What cash balance should the City consider maintaining in the water fund?

5. What leeway does "Bolt" give the City as far as building up funds for future water capital
   projects?




                                                                                              710Avis Drive
                                                                                          Ann Arboc Ml 48108
                                                                           Tel 734.665.6000 FJx 7J4.665.257C
Mr. Timothy Paul
September 17, 2002
Page 2 of 5




SCOPE OF SERVICES

We propose to perform the following tasks for the Muskegon Water Cost of Service Study:

Task 1: Project Start Meeting and Data Collection
We meet with City staff in Muskegon to review the City's goals and to confirm the schedule
for completing the Water Cost of Service Study. This meeting should last a maximum of two
hours. At this meeting we will determine the most expeditious way for the following data to
be collected:
   •   History of the City's water rates.
   •   Confirm the calculations and philosophy used to prepare the City's current water rates.
       Review the report that developed the basis, if the report is available.
   •   Audited water operation and maintenance (O&M) and capital budgets for the last two
       fiscal years.
   •   Audited water system revenues for the last two fiscal years.
   •   Water O&M and capital budgets for the upcoming fiscal year.
   •   List of major equipment items in the water production, treatment, storage and
       distribution systems. The list should include the year the item was installed and the
       cost of the item. The City's estimate of the remaining useful life of the equipment will
       also be needed. Major equipment items include such things as:
           • Pumps
           • Chemical Feed Equipment
           • Emergency Generators
           • Vehicles
   •   Current water bond principal and interest repayment schedules.
   •   Proposed water bond principal and interest repayment schedules.
   •   Contributions to the water fund from sources other than water rates.
   •   Breakdown of Inside-City and Outside-City water customers by meter size.
   •   Inside-City and Outside-City billable water flows for the most recent 24-month period.
   •   Number and type of non-metered water customers, if any.
   •   Quarterly average billable water flow for a typical residential Muskegon customer.
   •   Quarterly typical billable water flow for the City's ten largest inside-City water
       customers.
   •   Copies of all municipal and industrial water purchase/supply contracts.
Mr. Timothy Paul
September 17, 2002
Page 3 of 5




Task 2. Data Review and Clarification
We will review the data collected under Task 1 and request additional data and clarification
from the City staff as needed.

Task 3. Prepare Draft Water Cost of Service Study
Once all of the necessary data has been supplied as given in Tasks 1 and 2, TTMPS will
prepare the Water Cost of Service Study. The study will include a hardcopy of the
"SmartRate" linked financial spreadsheets. The tentative Water Cost of Service Study outline
is as follows:
        Executive Summary
        Water Rate Development
             •   MDEQ Requirements (if applicable to Muskegon)
             •   Annual Revenue Required
             •   Allocation of Required Components
             •   Distribution of Required Revenues to Customer Classes
       Water System Expenses
             •   Equipment Replacement
             •   Operation and Maintenance
             •   Capital
       Other Revenue Sources
       Water System Customer Data and Billable Flow
       Customer Data Billing Unit Analysis
       Billable Water Flow
       Historical Water Rates
       Proposed Water Rates
       Impact on Minimal Usage, Typical Residential and Largest Inside-City Customers
       Water Tap-In Fees
       Appendix A: Tables ("SmartRate" Linked Excel Spreadsheets)

Task 4: Review Draft Water Cost of Service Study with the City Staff

We meet with City staff in Muskegon to present our draft of the Water Cost of Service Study.
Comments will be discussed in order to address them in the final Water Cost of Service Study.
Mr. Timothy Paul
September 17, 2002
Page4 of 5



Task 5: Revise Draft Study aud Prepare Final Water Cost of Service Study

The draft study will be revised to incorporate the comments obtained in Task 4. We will then
prepare the final Water Cost of Service Study.

SCHEDULE
We propose to perform the tasks given above in accordance with the following schedule. The
work will begin upon receipt of the City's written authorization to proceed. The schedule is
subject to change based on City and TTMPS staff holiday and vacation schedules.

                                    Tasks                                    Week Number

  1. Project Start Meeting (Meeting Number One) and Data Collection               One
  2. Data Review and Clarification                                                Three
  3. Prepare Draft Water Cost of Service Study                                     Six
  4. Meeting (Meeting Number Two) to Review Draft Water Cost of                  Seven
     Service Study with City Staff
  5. Revise Draft Study and Prepare Final Water Cost of Service Study             Ten

TASKS NOT INCLUDED IN THIS PROPOSAL
The following tasks are specifically not included in this proposal:
    •   Water Ordinance Review
    •   Any meetings or presentations in Muskegon beyond the two meetings included in this
        proposal.
    •   The Excel file containing the "SmartRate" spreadsheets.

COMPENSATION

Compensation for our personnel for the scope of work included in the base proposal will be a
lump sum of $10,900.

If the City requires a copy of the "SmartRate" linked financial spreadsheets (that will allow
City staff to quickly update future rates and review various "what if' combinations of future
capital improvements) the Excel file containing these spreadsheets will be provided to the City
for its unlimited future use for a lump sum cost of $2,500.

This proposal includes two meetings in the City of Muskegon. Any additional meetings or
presentations in Muskegon will be charged at an additional lump sum cost of $1,900 per
meeting or presentation.
 Mr. Timothy Paul
 September 17, 2002
 Page 5 of 5



If you concur with our proposal, please sign in the space provided and return one original
signed copy to indicate your authorization to proceed. Our Standard Terms and Conditions are
attached and are considered an integral part of this proposal.

We appreciate this opportunity to be of continued service to the City of Muskegon, and look
forward to helping you achieve your goals. Please contact me at (734) 213-4063 if you have
any questions regarding this proposal.

Si~ceo/y,


 usi~15~~
Vic Cooperwasser, P.E.
Vice President

Encl.

copy: Mr. Dennis Benoit, P.E., TTMPS Grand Rapids
      Accounting                ·




                                                 //~ 1 .1-02.-


BASE PROPOSAL ($10,900) PLUS "SMARTRATE" PROGRAM ($2,500)
ACCEPTED BY: _ _ _ _ __ _ _ _ _ _ _ __ __ _

TITLE: _ _ _ _ _ _ _ _ _ _ _ _ DATE:_ _ _ _ _ __

k:\proposals\Muskegon-smartrate.doc
September 17, 2002



Mr. Timothy Paul
Finance Director
City of Muskegon
933 Terrace Street
Muskegon,MI 49443-0536

Re:    Muskegon, Michigan
       "SmartRate" Water Cost of Service Study

Dear Mr. Paul:

In response to your request, we at Tetra Tech MPS (TTMPS) are pleased to submit our
proposal to complete a Water Cost of Service Study for the City using our "SmartRate" linked
financial spreadsheet product.

INTRODUCTION

In order to comply with the intent of the December 1998 Michigan Supreme Court decision
Bolt v. City of Lansing, your Water Cost of Service Study should address the following
questions and recommend changes as necessary:

1. Is the current water rate methodology valid per the guidance given in "Bolt"?

2. Can the City revise the costs recovered by the Readiness-to-Serve and Commodity
   charges?

3. If the City is considering State low interest drinking water funding for any of the capital
   improvements included in the City's water reliability study, does the City contribute funds
   to a dedicated water equipment replacement fund in compliance with Michigan
   Department of Environmental Quality (MDEQ) User Charge System requirements?

4. What cash balance should the City consider maintaining in the water fund?

5. What leeway does "Bolt" give the City as far as building up funds for future water capital
   projects?




                                                                                                  71 0 Avis Drive
                                                                                            Ann Arboc Ml 48108
                                                                           Te! 734.665.':.COO f=~x 734-.665.2570
Mr. Timothy Paul
September 17, 2002
Page2 of 5




SCOPE OF SERVICES

We propose to perform the following tasks for the Muskegon Water Cost of Service Study:

Task 1: Project Start Meeting and Data Collection
We meet with City staff in Muskegon to review the City's goals and to confirm the schedule
for completing the Water Cost of Service Study. This meeting should last a maximum of two
hours. At this meeting we will determine the most expeditious way for the following data to
be collected:
   •   History of the City's water rates.
   •   Confirm the calculations and philosophy used to prepare the City's current water rates.
       Review the report that developed the basis, if the report is available.
   •   Audited water operation and maintenance (O&M) and capital budgets for the last two
       fiscal years.
   •   Audited water system revenues for the last two fiscal years.
   •   Water O&M and capital budgets for the upcoming fiscal year.
   •   List of major equipment items in the water production, treatment, storage and
       distribution systems. The list should include the year the item was installed and the
       cost of the item. The City's estimate of the remaining useful life of the equipment will
       also be needed. Major equipment items include such things as:
           • Pumps
           • Chemical Feed Equipment
           • Emergency Generators
           • Vehicles
   •   Current water bond principal and interest repayment schedules.
   •   Proposed water bond principal and interest repayment schedules.
   •   Contributions to the water fund from sources other than water rates.
   •   Breakdown of Inside-City and Outside-City water customers by meter size.
   •   Inside-City and Outside-City billable water flows for the most recent 24-month period.
   •   Number and type of non-metered water customers, if any.
   •   Quarterly average billable water flow for a typical residential Muskegon customer.
   •   Quarterly typical billable water flow for the City's ten largest inside-City water
       customers.
   •   Copies of all municipal and industrial water purchase/supply contracts.
Mr. Timothy Paul
September 17, 2002
Page3 ofS




Task 2. Data Review and Clarification
We will review the data collected under Task 1 and request additional data and clarification
from the City staff as needed.

Task 3. Prepare Draft Water Cost of Service Stndy
Once all of the necessary data has been supplied as given in Tasks 1 and 2, TTMPS will
prepare the Water Cost of Service Study. The study will include a hardcopy of the
"SmartRate" linked financial spreadsheets. The tentative Water Cost of Service Study outline
is as follows:
        Executive Summary
        Water Rate Development
             •   MDEQ Requirements (if applicable to Muskegon)
             •   Annual Revenue Required
             •   Allocation of Required Components
             •   Distribution of Required Revenues to Customer Classes
       Water System Expenses
             •   Equipment Replacement
             •   Operation and Maintenance
             •   Capital
       Other Revenue Sources
       Water System Customer Data and Billable Flow
       Customer Data Billing Unit Analysis
       Billable Water Flow
       Historical Water Rates
       Proposed Water Rates
       Impact on Minimal Usage, Typical Residential and Largest Inside-City Customers
       Water Tap-In Fees
       Appendix A: Tables ("SmartRate" Linked Excel Spreadsheets)

Task 4: Review Draft Water Cost of Service Study with the City Staff

We meet with City staff in Muskegon to present our draft of the Water Cost of Service Study.
Comments will be discussed in order to address them in the final Water Cost of Service Study.
Mr. Timothy Paul
September 17, 2002
Page4 of 5




Task 5: Revise Draft Study and Prepare Final Water Cost of Service Study

The draft study will be revised to incorporate the comments obtained in Task 4. We will then
prepare the final Water Cost of Service Study.

SCHEDULE
We propose to perform the tasks given above in accordance with the following schedule. The
work will begin upon receipt of the City's written authorization to proceed. The schedule is
subject to change based on City and TTMPS staff holiday and vacation schedules.

                                    Tasks                                    Week Number

  1. Project Start Meeting (Meeting Number One) and Data Collection                One
  2. Data Review and Clarification                                                Three
  3. Prepare Draft Water Cost of Service Study                                     Six
  4. Meeting (Meeting Number Two) to Review Draft Water Cost of                  Seven
     Service Study with City Staff
  5. Revise Draft Study and Prepare Final Water Cost of Service Study             Ten

TASKS NOT INCLUDED IN THIS PROPOSAL
The following tasks are specifically not included in this proposal:
    •   Water Ordinance Review
    •   Any meetings or presentations in Muskegon beyond the two meetings included in this
        proposal.
    •   The Excel file containing the "SmartRate" spreadsheets.

COMPENSATION

Compensation for our personnel for the scope of work included in the base proposal will be a
lump sum of $10,900.

If the City requires a copy of the "SmartRate" linked financial spreadsheets (that will allow
City staff to quickly update future rates and review various "what if' combinations of future
capital improvements) the Excel file containing these spreadsheets will be provided to the City
for its unlimited future use for a lump sum cost of $2,500.

This proposal includes two meetings in the City of Muskegon. Any additional meetings or
presentations in Muskegon will be charged at an additional lump sum cost of $1,900 per
meeting or presentation.
Mr. Timothy Paul
September 17, 2002
Page 5 ofS




If you concur with our proposal, please sign in the space provided and return one original
signed copy to indicate your authorization to proceed. Our Standard Terms and Conditions are
attached and are considered an integral part of this,proposal.

We appreciate this opportunity to be of continued service to the City of Muskegon, and look
forward to helping you achieve your goals. Please contact me at (734) 213-4063 if you have
any questions regarding this proposal.




?1~~~~
Vic Cooperwasser, P.E.
Vice President

Encl.

copy: Mr. Dennis Benoit, P.E., TTMPS Grand Rapids
      Accounting



BASE PROPOSAL ($10
ACCEPTEDBY:_-+--:r.a::3'rr'--:::,,,--<"--- - - - - - - - - - -




BASE PROPOSAL ($10,900) PLUS "SMARTRATE" PROGRAM ($2,500)
ACCEPTED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

TITLE: _ _ _ _ _ _ _ _ _ _ _ DATE:_ _ _ _ __

k:\proposals\Muskegon-smartrate.doc
                          AGENDA ITEM NO. _ _ _ __

                   CITY COMMISSION MEETING _ _ _ __



TO:                   RABLE MAYOR AND CITY COMMISSION

FROM:
               Patrick Simpson, Fire Chief

DATE:          October 18, 2002

SUBJ:          Request for Permission to Purchase a 24' Boston Whaler Rescue Boat
               with Twin Mercury Engines and Tandem Axle Trailer


SUMMARY OF REQUEST:

The Fire Department is requesting City Commission permission to accept and award bids
for a 24' Boston Whaler Justice Commercial Rescue boat with twin mercury 150 XL
Optimax engines and tandem axle trailer.


FINANCIAL IMPACT:

$54,640.00


BUDGET ACTION REQUIRED:

$54,640.00 from the public improvement funds designated for firefighting equipment.


STAFF RECOMMENDATION:

Staff recommends approval of the following purchases:

      1 - 24' Boston Whaler Rescue Boat from Boston Whaler Commercial and
Government Products, Inc. for $36,938.00

     2 - Mercury 150 XL Optimax engines from Mercury Marine Government and
Commercial Division for $14,202.00

        1 - Double axle trailer from Lakeside Marine for $3,500.00
October 18, 2002



Honorable Mayor and City Commission
Through the City Manager

Dear Commissioners:

We arc requesting the purchase ofa 24-foot Boston Whaler Justice Commercial Rescue
boat with twin Mercury 150 XL Optimax engines and tandem axle trailer. This
rescue/fire boat will provide marine dive rescue and firefighting capabilities for the City
of Muskegon's citizens and our guests for the next 20 years. As the "premier Shoreline
City of West Michigan" it is essential to provide effective and efficient life safety on our
lakes. This boat and the Muskegon Fire Department dive team now will give us the
ability to respond quickly with up to date equipment and fully trained perso1111el.

Therefore we ask that you approve the expenditure of $54,640.00 for this life saving
equipment from the public improvement funds designated for firefighting equipment.




Patrick Simpson
Fire Chief
                                                                     CITY OF MUSKEGON
                                                               TELEPIIONr   DID   TABULATION

      Date             10/15/02                                                        Requisition-     Rescue/Fire Boat
                                                                            ""
                                                                                                      ----------------

                                                     llalile of 8 i dder                llarne of Bidder         I        Name of Bi dde-r
                                                                                                                      Boston Whal er Commercial
                             Vendor               Pier 7 Marina                   Samsel Supply Co.
                           Telephone        I     989-894-9061                    800-892-8012
                                                                                                                      ;rnd Gm,' t Prnd !nr
                                                                                                                      386-423- 2916
                             Number         I
                            Quoted          I     Sally Jo Webb                   Mi ke Samsel                I       Jeff Gayer
• .                           By
j1                                                                                Unit                       I
                                            I    Unit                                                        I       Unit
      Quantity          Description              Price       Tota 1 Price         Price        Total Price   I       Price        Total Price
                                                                                                             :
                                            I

                     24' Boston Whaler
           1         Justice Commercial     '                $42,750.00                     $40,131.00                           $36,938.00
                     Boat w/ accessories
                     (see attached sheet)   I
                                            i
                                                                                                             I
                                            i
                                            !                                                                I
               ...                          !I



                                            :
                                                                                                             !

                                            !


                     TOTAL DID                           $
                                                             $42,750.00
                                                                                  .,      $ $40,131.00       i
                                                                                                                             $
                                                                                                                                 $36,938.00   I

                                                                                                             I
               Cash Di scount Terms
       .
                     F.0.13.                                                                                 I:
             Deliver( Ti mi From
           Receipt o Purc1ase Order
                                                               CITY OF MUSKEGON
                                                          TELEPIION~ OIO TAOULATIOH
                          10/15 /02                                                 Requisition•          Boat Engines
     Date-----,-------------                                          ...

                                               llar.1e of Oidder                    tlame of Bidder                  l        Name of Oidder
                                                                                                                            Mercury Marine Gov't
                         Vendor            Sportsfishermans Center               Lakeside Marine                            & Commercial Division·
                       Telephone
                         Number               722-4266                           755-0569                                   866-408-6372 ext. 5649
                        Quoted         j
•.                         By          I    Don Frazier                      Jim Rigby                               I
                                                                                                                             Mike Gurath
i'                                     I Unit                               Unit                                     II
                                                                                                                          Unit
     Quantity       Description          Price     Total Price              Price    Total Price                     I    Price     Total Price
                                                                                                                 I

        2         Mercury 150 XL Optim~
                  w/stainless props    !                 $16,940.00                         $14,950.00.                            $14.202.00
                                       I
                                       i
                                                                                                                 I
                                       i
                                       !


            ..                         I
                                       I
                                       j




                                       :
                                                                                                             !

                                       !


                 TOTAL OIO                       $       $16,940.00                  $
                                                                                            $14,950 .00                        $
                                                                            '-                                   i                 $14,202.00
                                                                                                             !
            Cash Discount Terms
                 F.0.0.
          Oe liver( Ti mi From
        Receipt o Purc1ase Order                                                                             '
                                                                                                            Ii
                                                                        CITY OF MUSKEGON
                                                                TELEPIIONt    OIO        TABULATION

            Date               10/15/02                                                      Requisition •           Boat Trailer
                                                                              "-




                                                        tlar.1e of Didder                    tlame of Bidder                          Name of    Oi dde-r
                                                                                         Boston Whafer Commerc ial
                                 Vendor               Lakeside Marine                    & Gov't Products
                               Telephone

~   .
                                 Number
                                Quoted
                                  By
                                               iI     231-755-0569
                                                      Jim Rigby
                                                                                         386- 423- 2916
                                                                                          Jeff Gayer
i'                                                   Unit                                Unit                             l
                                                                                                                                  Unit
        IQuanti ty           Description       !    Price     Tota1 Price                Price     Total Price
                                                                                                                              I
                                                                                                                              I   Price       Total Price


        I
              1
                      1
                                1
                          23'-25 #6800 Painted :!
                          Double Axle Trailer i
                                                          I
                                                              $3,500.00
                                                                                    I          I $6,345 . 00              I1--- -~ ----------1
                                               11        I                          ll         I                          ;
                                               i




                          TOTAL OID                       $   $3,500 . 00                      $ $6,345.00                                $


                   Cash DiScount Terms
                     F.0.0.
             · Delivery Tim~ From
              Receipt of Purct1ase Order                                           I!                                ii
        Commission Meeting Date: November 12, 2002




Date:       October 28, 2002
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department Ct?f:--
RE:         CMI Brownfield/SmartZone Professional Services
            Contract- ERM


SUMMARY OF REQUEST: The City of Muskegon was awarded a
Clean Michigan Initiative (CMI) Brownfield Grant, in an amount up to
$1,000,000, for the purposes of due care activities and grant
administration for the SmartZone site. Environmental Resources
Management, Inc. (ERM) has been the City's consultant for this site
through the Site Assessment Fund Grant. Since ERM is familiar with
this site and it's environmental condition, it is recommended that they be
retained to conduct the environmental work on this site for the CMI
Brownfield Grant. Therefore, the Commission is asked to approve the
attached proposal from ERM and authorize the Mayor to sign.
FINANCIAL IMPACT: The budget for the project will not exceed
$1 ,000,000, less the Project Manager's costs. These costs will be
covered by the CMI Brownfield Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and ERM, and authorize the Mayor to
sign the proposal.
COMMITTEE RECOMMENDATION: None.
                                                                            Environ menial
                                                                            Resotucc-s
                                                                            Manav~ment

                                                                            J'..152 1:23r1i A venue
                                               OCT 1 O 2002                 HolL:tnd, l'v!l 49424-926":i.
                                              Clri CF MUSl

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