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CITY OF MUSKEGON CITY COMMISSION MEETING JULY 24, 2001 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • PRESENTATIONS: • CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Appointments to Various Boards/Committees. COMMUNINTY RELATIONS COMMITTEE c. Liquor License Request (2185 Henry). CITY CLERK d. Change to Request to Construct 3 Houses on Lawrence Street. PLANNING & ECONOMIC DEVELOPMENT e. Sale of Non-Buildable Lot on Austin Street. PLANNING & ECONOMIC DEVELOPMENT f. Consideration of Bids Laketon Ave. Wood to Peck. ENGINEERING g. Consideration of Bids City Hall Tuck Pointing. ENGINEERING h. Request to amend an Encroachment Agreement. ENGINEERING • PUBLIC HEARINGS: • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: a. Sale of DDA Refunding Bonds. FINANCE • NEW BUSINESS: a. Accept the resignation of Vice Mayor Scott Sieradzki from the City Commission. ASSISTANT CITY MANAGER b. Approve process for Appointment to the Vacant Seat on the City Commission. ASSITANT CITY MANAGER c. Vote to Elect A Vice-Mayor for the City Commisison. ASSISTANT CITY MANAGER d. Appointments to Various Boards & Committees. COMMUNITY RELATIONS COMMITTEE e. Second Quarter 2001 Budget Reforecast: FINANCE f. DDA Plan Amandmant. PLANNING & ECONOMIC DEVELOPMENT g. Resolution of Intent to Create Seaway Industrial Park LDFA. PLANNING & ECONOMIC DEVELOPMENT h. Resolution of Intent to Create Smart Zone LDFA. PLANNING & ECONOMIC DEVELOPMENT i. Muskegon Area Plan Funding Request. PLANNING & ECONOMIC DEVELOPMENT o ANY OTHER BUSINESS: o PUBLIC PARTICIPATION: o CLOSED SESSION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • Limit of 3 minutes to address the Commission. • (Speaker representing a group may be allowed 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 CJTY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (23 t) 724-4172. Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession/Special Meeting that was held on Monday, July 9, 2001; the Regular Commission Meeting that was held on Tuesday, July 10, 2001; and the Special Meeting that was held on Wednesday, July 11, 2001. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JULY 24,2001 CITY COMMISSION CHAMBERS @ 5:30 P.NL MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 24, 2001. Mayor Fred J. Nielsen opened the meeting with a prayer after which members of the City Commission and members of the public joined in reciting the Pledge of Alle- giance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Fred J. Nielsen; Commissioner John Aslakson, Jone Wortelboer- Benedict, Robert Schweifler, Clara Shepherd, and Lawrence Spataro; City Manager Bryan Mazade; Assistant City Attorney John Schrier and City Clerk Gail Kundinger. 2001-85 CONSENT AGENDA: ci. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Workses- sion/Special Meeting that was held on Monday, July 9, 2001; the Regular Commis- sion Meeting that was held on Tuesday, July 10, 2001; and the Special Meeting that was held Wednesday, July 11, 2001. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of minutes b. Appointments to Various Boards/Committees. COMMUNITY RELATIONS COMMITTEE SUMMARY OF REQUEST: To appoint Tim Bosma to the Historic District Commission to fill the spot open as a member who resides or has occupational or financial interest in one or more of the historic districts. Also, to appoint Spencer Norman to the Hos- pital Finance Authority to fill the citizen opening. Community Relations Committee voted on July 2, 2001 to recommend these appointments. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of appointments c. Uquor License Request (2Hl5 Hemy) CITY CLERK SUM,\11ARY OF REQUEST: The Liquor Control Commission seeks local recommenda- tion on a request from CSTS, Inc., to transfer ownership of the 2000 Class C and SDM licenses with Entertainment Permit from Pop-A-Top Tavern on Henry, Inc. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: All departments are recommending approval. d. Clhomige to Request to Constnuct 3 Houses orrn Lrr,iwrer1ce Street. PLANNING 8, ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: In August 2000 Mr. Lawrence Baker of Artistic Builders pur- chased a vacant buildable lot on Lawrence Street (parcel number 24-610-000- 0124-00) for the construction of 3 single-family homes. Since Mr. Baker subsequently discovered that the parcel was larger than first thought, it would be possible to construct 4 homes on lots of 99 feet each. He would like the City to revise his re- quest and the deed to allow construction of 4 houses, with the last house to be fin- ished in 36 months from the date of purchase, which was August 14, 2000. FINANCIAL IMPACT: The construction of another single-family home will add to the tax base and add another home to the housing stock. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and authorize both the Mayor and City Clerk to sign said resolution. f. Consideraticm of Bids Laketon Ave. Wood to l"eck. ENGINEERING SUMMARY OF REQUEST: The contract to Mill & Resurface as well as the construction of a left turn Laketon from Wood to Peck be awarded to Nagel Construction out of Moline since they were the lowest (see attached bid tabulation) responsive and re- sponsible bidder with a bid price of $389,036.65. Furthermore, your award of this contract, if granted, is contingent on the State's approval since they are contribut- ing $150,000 into this improvement. Other bidders were: l. C & D Hughes with a bid of $513,288.84 2. Grant Tower with a bid of $440,266.17 FINANCIAL IMPACT: The construction cost of $389,036.65 plus associated cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: Adjust the original budget from $350,000 to $450,000. The additional money would come from the. money thc1t was allocated for Division Street. This revision would be reflected in the second quarter update. STAFF RECOMMENDATION: Award the contract to Nagel Construction. Ii. ltegmest to !lm@II'!d ara Ericmaclhment Agreemeli'llf. ENGINEERING SUMMARY OF REQUEST: Hawkeye Environmental is requesting your permission to amend the encroachment agreement 98-109 I to include the installation of one more well in addition to those that are present. The well would be, if approved, in- stalled in the terrace in front of 1249 Peck as shown on the attached sketch. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement subject to the same conditions set original. Movloii'I lby Commlssiol'ler Asirc:ilkson, l>econd by Commis:s!oiner Schweifler to approve the Com,,mnl AgeD'lda woih exceptio111 of Item e and g. ltOfi.l VOTE: Ayes: Benedict, Nle!serrn, Sc:lhwelfler, Shepherd, Spataro, Asiakson. Nayll: Noi'le MOTION ADOPTED 2001-86 !TIEMS IU:MO'\IED FROM THIE CONSENT AGIENDA e. Sale of No!'I-Buifok11bie Lot on Austin Street PLANNING & ECOf\lOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-215-008-0028-00) on Austin Street to David Wotli of 1724 Beidler (see attached map). Approval of this sale will allow Mr. Wotli to expand the current yard on his rental property and possibly construct a garage. The subject parcel is being of- fered to Mr. Wolti for $100. The parcel is located next to another vacant unbuild- able parcel, which is owned by a property owner across J-he alley. City policy for sale of unbuildable lots states that the sale of the lot will be "to expand/improve or beautify existing property". FINANCIAL IMPACT: The sale of this lot will allow the property to be placed on the City's tax rolls thus relieving the City of continued maintenance cost. BUDGET ACTION REQUIRED: None STA.FF RECOMMENDATION: To approve the attached resolution and to author- ize both the Mayor and the Clerk to sign this resolution. Motion by Commissioli'ler Spakm::i, second by Commissioner Schweifier to approve the :.ale of the lot. ROil '\!OYIE: Ayes: Schwe!f!ew, Sheplhen:11, Spakirc, Asiaksorn, lilrenedict, I\Helsen. Nays: None MOTION ADOPTED 91. Com,id!eratkm of Bids City Hal! Tuck l'oln~l111q. ENGINEERING SUMMARY OF REQUEST: The contract to Caulk, Tuck Point and Seal City Hall to D. C. Byers Company out of Grand Rapids since they were the lowest (see bid tabula- tion) responsible bidder with a bid price of $46,600 (including the chimney). FINANCIAL IMPACT: The construction cost of $46,600. BUDGET ACTION REQUIRED: Adjust the original budget from $25,000 for partial re- pairs work to $46,600. The addi"fionc1I money wouid come f(Om the savings on the PD parking lot project ($7,000) that was budgeted at $32,000 but final cost was more like $28,000 and $15,000 from the Restlawn Cemetery Office Renovation proj- ect which was budgeted at $75,000, however, the bids came in much lower. This revision would be reflected in the second quarter update. STAFF RECOMMENDATION: Award the contract to D.C. Byers. Motio!'ll l:Jly Ccm111mu$s!oe1er Asiak:so!'ll, seco5'ld lbiy Commns:11io!'ller Schweifler to ©Jwe1rd the Ibid fo D. C. !lyern. ROU VOU: A;yes: Shepherd, Spait©Jro, ,i\slaikso!'ll, iael'lledkt, Nle!seU'l, Schwemer. Nays: None MOTION ADOPTED • ll'UBUC HEARINGS: None. • COMMUNICATIONS: None. • CITY MANAGER'S Rl!:i'ORT: None. 2001-87 UNU:!NiSIHED BI.ISINIESS: a. Sale of ODA Rel'unding Som:ls. FINANCE SUMMARY OF REQUEST: Previously, the Ci-ty Commission authorized staff to enter into negotiations for sale of up to $4.5 million of LTGO bonds for the purpose of re- funding the outstanding 1989 DDA Series A and Series D tax increment bonds to achieve significant interest savings. Treasury Department approval has been re- ceived and staff has selected (via competitive RFP process) First of Michigan to un- derwrite and market this bond issue. The bonds are scheduled for pricing on Mon- day, July 23rd and will be brought to you the following evening for approval of the sale. Attached is the "Resolution Approving Sale of the City of Muskegon 2001 De- velopment Refunding Bonds (General Obligation Limited Tax)" together with the "Bond Purchase Agreement" and "Escrow Agreement" that you will be asked to approve. Approval of these documents is the final official action needed for sale of the bonds. There are some blank spaces in the documents that will be filled in once financial details of the bond sale are known. FINANCIAL IMPACT: The exact financial impact will not be known until the bonds are priced for sale on Tuesday, July 23rd. BUDGET ACTION REQUIRED: None at this time STAFF RECOMMENDATION: Approval of the attached awarding resolution. Motlo111 by Comml$sloner Spakliro, second !by Commhisioner .Asknlcson to approve the sale of DDA Bonds. ROLL VOTIE: Ayes: Spataro, Aslal<son, Benedict, Nielsen, Scl'llwe!l!er, Shepherd. lllays: None MOTION ADOPTED 2001-88 illli:W SIUISINESS: l(JI. Accept the ~esignia1li@n of Vice M©lyor Scott Siemdzkn from the C!ly Commission. SUMMARY OF l~EQUEST: To accept the resignation of Vice Mayor Scott Sieradzki from the City Commission. On Friday, July 13, at l :00 p.m., Vice Mayor Sieradzki held a Press Corn'erence to announce his resignation from the Muskegon City Commission, the Mayoral Race, and all other City Commission appointed Boards, Commissions and Committees. A copy of the Press Release was provided to the City Clerk's Office and entered as official notification of his resignation. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMEI\IDA TION: Per the advice of City Attorney, Tom Johnson, it is rec- ommended thc1t the Commission accept Vice-Mayor Sieradzki's resignation. Motion by Commissio111er Asiir.lkson, second by Commbisioirner Schwemer fo accept ihe resignatioirn of Scott Siemd;:ki Urom the Commission. ~OU. VOTE: Ayes: Spaftcm,, As!akson, Benedict, 1\iie!®e111, Scltlweifier, Shepherd. Nays: None MOTION ADOPTED b. Apprnive process for appointment fro the 1t©1c0111t seoit on the City Commission. SUMMARY OF REQUEST: To request approval of the process for the appointment to the vacant seat on the CHy Commission. The proposed process is consistent with the one approved and implemented by the City Commission when there was a vacancy on the City Commission in 1997. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Per consultation with the City Attorney, Tom Johnson, and in keeping with past practice, staff recommends approval of the proposed process. Mot!o11 blf C@mmissioner Schweif!er, second by Commissioner 5patcm, to @pprove the process ffor filling 'lhe i!CIIC<C!lllt Commission seat ~OU. VO'fll:: Ayes: Spc:dG1ro, Asl@k:so1r1, Benedict, Nielsen, Sclhweifler, Shepherd. Nays: llllone MOTION ADOPTED c. Vote to eied a Vicll!;-1\/loiyor for tlhe City Commls~lo11. SUMMARY OF REQUEST: Vote to elect a Vice-Mayor for the City Commission. This vacancy is as a resul-t of the resignation of Vice Mayor Sieradzki and acceptance of that resignation by the City Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATIOI\I: Staff recommends that the Commission consider a vote to elect a Vice-Mayor for the City Commission. MoiioWD by Commissi<0WD®r lS@i11edllcfr to <illppoi111il Comm!;i;i.io!'ller Asl©Jksio111 Vice-M@y<er. MOTION RIJLl!ED DEAD DI.JI/: TO LACK OF SIJP!PO~T. Motio11 lby C<emmisslo11er As!@ktioi11, sec0>i11d lby Commff:.illioi'ller Schwe!fffer fo app,0!1111\' Commi:'!sioi'ler Shepherd Vice-M<ayor. lllOU. VOTiE: Ayes: Nielsen, Schweifler, Shepherd, Spafomo, A:.h.llkson. l\llays: R@i111l:H::ilk:t MOTION ADOPTED dl. Appol11111tments fo Various Soard:. & CommiWees. COMMUNITY RELATIONS COMMITTEE SUMMARY OF REQUEST: To eliminate five vacant at-large positions on the Image Committee. Community Relations Committee voted on July 2, 2001 to recommend the elimination of the five positions. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMEI\IDATION: Staff recommends that the Commission consider a vote to eliminate the five vacant positions on the Image Committee. Motion lby Commi5isio1111er Spl)lfoJro, ;;eccmd by Vice-M@yor Sihlepl'lll:mll to eHmn111ate va- cant posil'ions on the image Committee ROLL VO'l'IE: Ayes: Sd11welfler, Shepherd, Spataro, Asiakson, Benedict. NCll'jf!\1: N!e!s~m MOTION ADOPTED e. Seco1r1d Quarter 2001 l'ludget Reforeca$t FINANCE SUMMARY OF REQUEST: At this time staff is transmitiing the Second Quarter 2001 /Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated financial information, or other factors. For the next meeting, an action item will be placed on the agendci for adoption of the proposed second quarter budget re- forecast together with any additional changes deemed necessary by Commission- ers. FINANCIAL IMPACT: The second quarter 200 I Budget Re forecast reflects relatively minor changes to General fund revenue and expenditure estimates. We are watching the income tax numbers very closely but at this time have not adjusted the originc1! budget figure of $7.0 million, Second quarter withholdings (due at the end of July) will give a better indication as to whether the income tax needs to be revised downward because of economic conditions. SignificanJ- changes to other funds include: g Allocation of $3C0,000 of LFDA pass-thru funds to the Public Improvement fund to help finance the Seaway Industrial Park project. Property acquisition costs for this project are higher than originally anticipated and it is necessaiy for the City to complete acquisition before federoi grant funds will be released. ® Inclusion of the recently approved large meter replacement program in the wa- ter and sewer funds. ® Cost estimates for other several !arge capital projects have been adjusi"ed due to project delays, bid differentials or other factors as .shown on pages 28-30. BUDGET ACTION REQUIRED: Self-explanatory STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the ,";eforecast and related amendments. NO ACTION TAKEN ~. liJIDA IP'k11n Amerodmerd. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing on August 28,2001, for the consideration of amending the Downtown Development Authority Development and Tax Increment Fincincing Plans. The proposed amendment shall remove the former Teledyne property (Muskegon Sma1iZone) from the DDA development area. The proposed action is consistent with and necessary for the establishment of the Muskegon Lakeshore SmartZone LDFA. FINANCIAL IMPACT: The DDA currently loses more then $14,000 in tax increment revenue annually due to a decreased assessed value on the Teledyne property. Removing the property will result in additional tax increment revenues for the DOA. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution. Motion by Commissioner Spataro, seco1111dl foy Commissio1111er Scli"lweifler to set ©J public hearing oro the DDA l'!«llro Amendment. ROLL V01TIE: Ayes: Spafo1ro, AsirCJksoro, l!l,e1111edk:t, Nielsen, Schwelilew, Slhepherd. Nays: ~one MOTION ADOPTED g. ~teimHu'iffion ©>~ ~R~te111it to C~eate Seawmr ondm1Mal l'arlk LliJIFA. PLAI\JNING & ECOl\1O/v\lC DEVELOPMENT SUMMARY OF REQUEST: To approve the attached resolution of intent colling a pub- lie hearing regarding the establishment of an LDFA District for the development of the Seaway Business Par!<. This request is the first step in the creation of the Seaway Business Park LDFA. FINANCIAL IMPACT: it is anticipated that the LFDA may capture up to an esti- mated $900, 000 in tax increment revenues over a period of 15 years. BUDGET ACTION REQUIRED: None. STAFF RECOMfv\ENDATION: To approve the attached resolution. MotnoD'I !by Commlssio111er Spataro, second by Commissioner Schwemer to set a public he11.1riD'lg onil the antell'li ito cre©Jte -ti Seowoy industrkii P©Jrk LDFA Pkm. ROLL VOTIE: Ayei;: Spatcro, A:sll:iiki;tm, 18enedicit, lllleisen, Schwe!f!er, Shepherd. Nays: Noirne MOTION ADOPTED I'll. Res(l)il!Jfion of lirntent to Cre(()Jte Smart z,one LDfA. PLANNING & ECONOMIC DEVELOPMEI\IT SUMMARY OF REQUEST: To approve the attached resolution of intent calling a pub- lic hearing regarding the establishment of on LDFA District for the development of the Muskegon Lakeshore SmartZone. This request is the first step in the creation of the SmartZone. FINANCIAL IMPACT: It is anticipated that the LDFA will capture more than an esti- mated $10 million in tax increment revenue over a period of 15 yec1rs for the devel- opment of the SmartZone BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution. Motioll'il by Commissioner Spak:!lro, :11eco111d by Vice-Mayor Shepherd to set a public heari111g on the intent to create a SmariZone U)FA. ROLL VOTE: Ayes: Aslak:.on, Benedict, Nleise1111, Schwelfler, Shepherd, Spak11ro. Nays: None MOTION ADOPTED i. Muskeaon Area ?IC!in fl.Dlildill'llg Request. PLANI\IING & ECOI\IOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the attached resolution authorizing a contribu- tion from the City of /V\uskegon for l'he 1\/iuskegon A,rea Plan, in the amount of $12,301 , to be paid for over the next two fiscal years. FINANCIAL IMP/.\CT: The contribution from the City of Muskegon will be $12,301, which will be paid over the next two fiscal years. BUDGET ACTION REQUIRED: The portion to be paid from the 2001 Budget year, in the amount of $6150.50, will come from the City of Muskegon General Fund Con- tingency account. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and City Clerk to sign. Motion by Commlls~lo1111er SpiOJkuo, secol!1ld by Commissioner Aslakson 'ito approve the furidung ffeOJuest cf S12,301. ROU. VOU: Ayes: Beruedk:i, i\He1sei'1l, Sd'IJ~1emeo-, Shepherd, Spataro, Aslakson. Noiys: None MOTION ADOPTED • ANY OYHER !aUSINESS: None. • PUllr$UC PAllH!C!f?AnON: Various Comments were heard. • AID.llOURNMENl!': The regular meeting was adjourned. Respectfully submitted, Gail A. Kundinger, CMC City C lerk Date: July 16, 2001 To: Honorable Mayor and City Commission from: Community Relations Committee RE: Appointments to Various Committees/Boards SUMMARY OF REQUEST: To appoint Tim Bosma to the Historic District Commission to fill the spot open as a member who resides or has occupational or financial interest in one or more of the historic districts. Also, to appoint Spencer Norman to the Hospital Finance Authority to fill the citizen opening. Community Relations Committee voted on July 2, 2001 to recommend these appointments. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve the appointments. HISTORIC DISTRICT COMMISSION PURPOSE Identify and evaluate structures or sites worthy of preservation, and be involved in projects or programs to this end. Disseminate public information concerning these structures and sites, and consider ideas regarding them with groups of individuals interested in historic preservation. Make appropriate recommendations to the City Commission for encouraging and achieving historic preservation. MECHANICS ENABLING LAW: City Ordinance (Sec. 11-20 - 11-36) - Oath not required. APPOINTED BY: City Commission MEETING: First Tuesday of each month @ 4:00 P.M. City Hall - Commission Chambers TERM: 3 Years COMPOSITION TYPE DESCRIPTION A 1 City Commissioner B ,/1 Registered Arc_l).i!l,..cP C 2 Members from local preservation societies (at least one of whom is a member of the Muskegon Heritage Association) D 2 Persons who reside or have occupational or financial interest in one or more of the historic districts. E 1 Citizen or more to complete the membership to seven (7) people. CURRENT MEMBERS (Staff Liaison - Michael Wee) TYPE NAME ADDRESS ZIP PHONE TERM EXP. A Clara Shepherd 408 Monroe Ave. 1 725-8130 B 1/31/04 C Jon Colburn 1284 Ransom 2 725-8240 1/31/03 C Bill Seeback * 475 W. Western 0 722-4362 1/31/03 D Daniel Chambers 458 W. Webster Ave. 1 722-1980 1/31/02 D --tinda-Brcmks=Howell-·---·-664-Hettsto 7'22-2-121 1/3~/04' (''4-4-''j"'"'"l) E Glenn Eacker 1831 Jefferson St. 1 726-6867 1/31/02 Tim Bosma 557 W. Western Ave. 0 728-9519-W Ex-Officio (* - Chairperson) - 16 - 2001-COMRELBOOK.doc JUN-05-01 01:27 PM BOSMA.ARCHITECTS 722 0413 P.02 ._, • I I O ,,_.,_._ . . . ,._.., 4' ._,, I .. ._,,_ T.Ahi:--0w Ple•M T'yp,, or Prfflt. tv,r,KceUons v,/1//» klpt on 6/o l.ir<lllt 191r. ,4// IJlrilo«nts,,111)/tQt to• biaoi<f/"'"'1d ;;;;.,k," .;· NAME: Tin!_~.. • _,.Bo"-'sm=a_ _ _ _ _ _ _ _ _ _ _ CATE: ~-5-2001 HOME AD• IU!SS: • 17940 llolcanb M, 1 Grand Haven, MI 49417 (Stiut. Clly, State, Zip) ,~of.IE PHONE #;__{§_16)842-4105 ······. WOIIK PHONe #:;-.,(.::,23::.:lt..:.)7_:c28:c..-;;;95a;;l... 9 _ _ _ __ OCCUPATION: Architect (ll'9t!l<ld, givofom,orQOO~al1011) liiOI.ICATION: llaoh, of Architecture - university of Michigan P!;.RSONAL & COMMUNITY AC".'IVITII!!; ___.lli:;_tQ.Ci.G .Di!.W..sci..\ot...,Cgnn""'"""'t...::.-..cAclvi.=·,..,,,ors.__ _ _ _ _ _ __ PSR$ON•, ReFeReNCes: (l'lo••• llot lh• ,ome •nd phone numbero of1nroo p,,roonol rofo,.nce•) 1. Cla~. Sh~!J!R=-ahifi'-"erd'-,------------ (Nam•) (Phone Number) i. Tim Michalski 726-2756 (Nam•) ----~(~;,-=...on-.~~-~~~-~----- 1,_Ric ~Sc,.,o""tt"----~------------- 724-6774 (Ntim, PlEASG INDIOAT!i! BOAIIOGIOOMMll'l51<lN5/COMMITToe3 IN1cRE37!;'0 IN (lERVINC ON - MARKING 111 AS YOUR FIIIST PFIIPl!~!!NO!: ( ) Bo'lld ol Convoll$Q"' ( ) Houelng Commloolon · ( ) BOil!tl ol Re,lew ( ) Hou,ilnQ 1!11,ek RAllll!W Commll1eo ( ) C\otl\•lOrr Comrrittn11 ( ) Imago COmml1'la ( ( ) cmzen'o Pelee Ravi.w 801"2 ) Ott,, l!mplcyeea Pono/on !Oard ( ) 01oome Ti~ Board of"""'""' ( 1Land Rt\illlztl011 Comm/nee ( ( ) o~u'3•"'"" Com-on ) CDBG-clt1Ht1"lJ Oltb1ct Coundl ( )O~UldL;i.1'$!') eo.,,,i • ( ) DOYonlWln °"""'°Pmo1'11 Aut11ottty/Browntl<!ld Bcer,I (! ( ) Lok1n S.rvl:es Boar,:! Loan Fund J!<jvlaory C<Jmmll!M ( LOIHII Oevorop. ''""""' hlOlo~ty ( looal Olllotn CQmponoel:k>n com. ( ) ~.., Commhlo/on ( ) llloehllnf:ol Bo«<J <II E!xsmt,,o,. ( ) e111.,1;,;1 a.,.i,1 ot Appeata ( ) !'!an~ Con,mlHlon l ) !rte,;>rl•• Comn,..,lty ¢1U.oo Counoll ( ) l'lumlilff8 !aord ol "l)pealo ( )e~,, Oppo1111nttr 0Q"11lliilw ( ) l'olc:o/l'mmon'o Ponolon 8oaru {X) H~tono t:i'olrfci Comnvsslon ( l rax J/IOlllf!'ilm Finance Autnorlly ( ) HO!lpllal Fin"""" Auttionty . (\ ))Ollie,,:_ :ZOnlng 8oa,,j Apfl'olt Qt_ __ _ _ _ _ _ __ ( ) MOU91Mgll!Ulldl"ll Cod• Board ol Appell• • A~aoh Adoltlonal Snoats or R..,um, 11 o.. re11. City Clo,k', Offlco, oia Tenece Sl, P. 0. Box 536. Muokogon. Mi 4114--!3-01>36 " "" HOSPITAL FINANCE AUTHORITY PURPOSE To construct, acquire, reconstruct, remodel, improve, add to, enlarge, repair, own and lease hospital facilities within the boundaries of the City of Muskegon for the use of any non-profit hospital; lend money to a hospital for those purposes; refund or refund in advance obligations of the Authority or the Michigan State Hospital Finance Authority; or refinance the indebtedness of a hospital. MECHANICS ENABLING LAW: Public Act No. 38 of 1969 - Oath not required. APPOINTED BY: Mayor/City Commission MEETING: Upon Demand TERM: 5 Years COMPOSITION DESCRIPTION 7 Citizens (a majority shall be residents of the City of Muskegon) CURRENT MEMBERS (Staff Liaison - Bryon Mazade) TYPE NAME ADDRESS ZIP PHONE TERM EXP. A George Scully * 3086 Knollwood Ct. 755-4565 1/31/02 A William Roche . 1668 Beach 1 755-0856 1/31/02 A Bess Commodore 1917 Carriage 2 773-8858 1/31/02 A David Medendorp 1718 Beach 1 755-6880 1/31/03 A 1/31/03 A Thomas O'Toole 2462 Winchester Rd. 755-2432 1/31/03 A William Tardani 657 Jackson 2 722-2867 1/31/04 (* . Chairperson) - 17 - 200 l •COMRELBOOK.doc RECEfVED '.,""'-"'i UC.I., :i_ 2/JOO Please Type or Print. Appl/cations w/11 be kept an Ille for one year. AJ/ a,,pllcanls s II> a ~- 1;111': MAI\IA<illii!l'a O.olW;l~ - . • NAME: Spencer Norman Jr. DATE: November 26 }'foog.;.::a HOME ADDRESS:_ _.....a3;,1,::2:..C::,:r..:;o.,ss:....:,S;;;tr..:;e::.et,_;~M.,u,.s.,k,,.eg,.,o,.,n,.,,_,M,,,I_4a,.9,::4,:,4e,,2.,__ _ _ _ _ _ _ _ _ _ _ __ (Slreet, City, State, Zip) WORK PHONE#:,_ _ _ _ _ _ _ _ _ __ HOME PHONE#: (231) 722-7109 OCCUPATION: Real Estate Appraiser (If retinld, give l'onner occupalion) EDUCATION: BS (Applied Math.) & MBA - Western Michigan University PERSONAL & COMMUNITY ACTIVITIES: West Mich Shoreline Regional Commission; Muskegon Land Use Task Force; Ml Alliance of Coops; lntercultural Community Leadership Academy INTEREST IN SERVING: Housing/ Community & Economic .Development; Health; Youth development PERSONAL REFERENCES: (Pleau list the name and phone n u - of 1hree personal references) 1. Janie P. Brooks 777-0265 (Name) (Phone Number) 2. Dr. James Jackson 739-5574 (Name) (Phone Number) 3. Ciggzree S. Morris 737-8033 (Name) (Phone Number) PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS YOUR FIRST PREFERENCE: ( ) Board of Canvassers ( 1 Hauling Commission (>0 Board of Review ( ) Image Committee ( ) Cemete,y Committee ( ) Income Tax Board of R.,,,_ ( ) Citizen's Police Review Board ( ) Lend ReutliZation Conmiltee ( ) City EIT1)1oyees Pension Board ( ) Leisure Services Board ( ) Civil Service CommlssiOn ( ) Loan Fund Advisory Committee ( ) CDBG-Cillzen's District Counci ( ) Local Develop. Finance Authority {)Q Downtown Development Aulhorily/Bn,wnlield Board ( ) Local Ollcel'a eon.>en•ation C'om. { ) Election Commission ( _) Mechanical Boanl ol Examiners ( ) Ele<:lricel Board of Appeals (" Planning Commission ( ) Equal Opportunity Committee ( ) Plumbing Board of Appeals ( ) Historic District Commission ( ) PolicelFl-n's Pension Board (X) Hospital Flnonc:e Authority ( ) Tex IRClement Finance Authority ) Zoring Board d Appeals ( ) Housing/Building Code Board of Appeal& (( )Other _ _ _ _ _ _ _ _ _ __ • Attach Addilional Sheets or Reaume If Deainid. Return this form to: City Managets Office, 933 Terrace St., P. 0. Box 536, Muskegon, Ml 49443-0536 - V - Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request Pop-A-Top Tavern, 2185 Henry Street SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from CSTS, Inc., to transfer ownership of the 2000 Class C and SOM licenses with Entertainment Permit from Tavern on Henry, Inc. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All Departments are recommending approval. 6 7 8 Afli rma tin· .-\clion 23 11724-6703 F.\:\/722- I 2 14 , \ ~Sl '.SSOI" 23 1/72 4-1,708 F:\:\1726 -S l Xl Ct.'llll'll'fY 23 11724-1,783 FA:\/726-56 17 C ivil Su\'ic~ 2 3 1/724 -67 16 F, \ :\/72 4-4405 West Michigan's Shoreline City Cle rk 2J 11724-1,711, F.\:\17 H - 4 17X March 12, 2001 Sl'n·in.•s 23 1/72H,7 l 7 F.-\:\ 172C,-25II I l::ngi11l'uing To: The City Commission through the City Manager 23 11724 -(, 7117 F ,-\.'\/72 7-1,9114 From: Fi ll:1 11 1.'.l' 231/724-1, 7 13 11:ll{y L. K.leibecker, Chief of Police FA:\/724-1,71,X F i1T Dt.·1,1. Re: Transfer of Ownership of Liquor License at 218 5 Henry Street 23 I /7 24-6 792 F ,\:\/724- (,985 l11 ct111tl' Ta~ 23 1/7 24-6770 The Muskegon Police Depmtment has received a request from the Liquor Control F.-\:\/72H,7 68 Commission for an investigation concerning the transfer of the current 2000 SDM license I11fo. Systems located at 2185 Henry Street. The applicants involved are Tammy and Charles Slater of 23 1/724-(,744 CSTS, Inc. F.\:\ /722 -43111 Ll'i!)11rc Sn\'in · 23 1/724-67()4 CSTS Inc. is requesting a transfer of ownership of the exi sting 2000 Class C & SDM FA:\/7 24- 11 % licenses with Entertainment Permit located at 2 185 Henry Street in Muskegon, Michigan .\ l :111 :1~lT 1 .s Office from Tavern on Henry, Inc . 231/724-(,724 F ,\:\ /722- 1214 Our department has spoken with both Tammy and Charles Slater of 4670 White Road, i\ l ayor's Offil'l' 23 I /72 4-1, 711 1 Muskegon, Michigan. 49442. Tammy has had past experience in the retail business F,-\\:/722- 12 14 relating to the sale of alcohol. Both her and her husband request the transfer of the Nl'igh. & Cons t. license into their name and plan to continue the business at 2185 Henry Street currently 231/724-(,7 15 called Pop-A-Top. F.,\\:/72 6 -25111 Pla 1111i11g/Zuni11g We have searched our records and conducted a Michigan Criminal History Check and B l /724-670 2 find no reason to deny this request. FA:\/724-67911 Polin• l)t.•pt. 23 1/72 4-(,751) F A\1722-5 1411 TK/cmw Public \Vorl<.s 2.l 1/724-4 11111 f:\:\/ 72 2-4 IXX ·1·n •a.s11rcr 23 1/724-(,7211 FA.'\/724-67(,8 \\'a icr Billin g Oe J) t. 23 I /724 -1,7 1X FA:\/724-6 7<,X \ Vakr Filt ra tio11 2.l 1/724 -4 I06 F .\:\/755-5290 City of Musl,egon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 MEMO To: Chief Tony Kleibecker From: Det. Kurt Dykman Date: 02-21-01 Re: Transfer of Liquor License Chief Kleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant CSTS, Inc. to be located at 2185 Henry St., Muskegon, MI. 49442. CSTS Inc. is requesting a transfer of ownership of 2000 Class C & SDM licenses with Entertainment Permit located at 2185 Henry St., Muskegon, Mi. 49441 In Muskegon County from Tavern on Henry St. I have talked with both Tammy and Charles Slater of 4670 White Rd., Muskegon, Mi. 49442. Tammy has had past experience in the retail business relating to the sale of alcohol. Both her and her husband request the transfer of the license into their name and plan to continue the business at 2185 Henry St. cmTently called Pop-A-Top. I have searched MPD records and conducted a Michigan Criminal History Check and find no reason to deny this request. Respectfully submitted, Det. Kurt Dykman data/common/Slater Michigan Department of Consumer & Industry Services LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST !Authorized by MCL 436.1(4)) January 26, 2001 To: Muskegon Police Department Chief of Police 980 Jefferson Street, P.O. Box 536 Muskegon, Michigan 49443-0536 Request I.D. # 100249 Chief Law Enforcement Officer Applicant: CSTS, Inc. request to Transfer Ownership '00 Class C and Specially Designated Merchant licenses with Entertainment Permit located at 2185 Henry, Muskegon, Michigan 49441 in Muskegon County from Tavern on Henry, Inc. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report and recommendations of the applicant to the Licensing Division. Please include fingerprint cards and $15.00 for each card, and mail to the Michigan Liquor Control Commission. If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m. LC-1972 Rev. 6/92 4880-1658 STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION RESOLUTION 200'1- 85 ( C) Ata Regular meetingofthe City Commi ssion (ReguluorSpe<:tal) (fownsbip Board. City or Village Cruocil) called to order by Mayor Ni e 1sen on Ju ly 24 2001 at 5: 30 P.M. The following resolution was offered: Moved by Commi ssioner Aslakscin and supported by Commi ss ioner Schweifler That the request from : CSTS, Inc. request to Transfer Ownership '00 Class C license with Entertainment Permit located at 2185 Henry, Muskegon, Michigan 49441 in Muskegon County from Tavern on Henry, Inc. be considered for _ _..;..A.;.i;;.J;;..;... ro::..v;..;;a;..;.l_ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ (Approval or Disapproval) APPROVAL DISAPPROVAL Yeas: 6 Yeas: --------- - ---------- Nays: __o _________ Nays: _ _ _ _ _ __ _ __ Absent: 1 Absent: ------- -- - - -- -- - -- It is the consensus of this legislative body that the application be: Considered _ _ _ _ _ _ ____,;;a,,;~...:.=.......,.==--------- (Jl--=erxlod cr DOI Reccmmooded) - - - - - - -- - - for issuance State of Michigan _ _ _ __, § County of Muskegon ) I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the --....,C=-i_t~ o..,,..n__,,,_ _ _ _ at a _ __;_R_:;. y ..,,C_o-,-m.,.,..m_is...,,s,,,..i_ e.._gu::..l;..;;a;.;..r_ _ _ _ _ _ _ __ (fowmhlp Boord. Cily er Village Cruocil) (Regular er Spe<:W) meeting held on Ju 1y 24 , 2001 . (Date) SEAL (SignOO)~ ,Q ~ ~ Gail A. Kundi nger, Ci t y C erk 933 Terrace, PO Box 536 (Mailing a<k~ess ofTownsi,Jp, Cily of Village) Musk egon, MI 49443 - 0536 STATE OF MICIDGAN f ARTMENT OF CONSUMER & INDUSTRY SERVIC. LIQUOR CONTROL COMMISSION Request I.D.#100249 -1 _j__j r . .,,, ✓ . d _,/ _ O / 7150 Harris Drive P.O. Box 3CXX)S Lansing, MI 48909-7505 Grand Rapids D. 0 . 1126101 dhc LOCAL LAW ENFORCEMENT AGENCY REPORT DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT (Authorized by MCL 436.1916) CSTS INC. 231. 759 . 0046 APPLICANT/LICENSEE PHONE NUMBER 2185 Henry St Mus1<:eqon Muskegon 49442 STREET ADDRESS CITY TOWNSHIP COUNTY ZIP PERMIT(S) REQUESTED: DANCE_ ENTERTAINMENTX . TOPLESS 1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by customers. YES o NO • NIA ')(. 2. Describe the type of entertainment applicant/licensee will provide: NIA • ~usic- (Band & Karaoke) 3. Will this entertainment include topless activity? YES D NO J( NIA • LAW ENFORCEMENT RECOMMENDATION DANCE PERMIT YES • NO lKi NIA • ENTERTAINMENT PERMIT YES ~ NO • NIA • TOPLESS ACTIVITY PERMIT YES • NO ~ NIA • REMARKS: The establishment ~as no dance floor and does not pl an on ~avi ng danc i ng . /:), c::::: L , I ~ 7 - , 9 - 01 DATE SUBMITTED 1) OFFICER'S SIGNATURE Mus~egon Police Department 231. 724.6750 DEPARTMENT NAME PHONE NUMBER 980 Jef fer son St. Muskegon ADDRESS CITY LC-693N REV 5/98 4880-0652 ~ tJ ' · ' an Department of Consumer & lti'dustry1~e'rvices 1 ' , ' . ) POLICE INSPECTION REPOR'r 'ON LIQUOR LICENSE REQUEST LIQUOR CONTROL COMMISSION 7150 Harris Drive ~-~~ ? ( .:;j !Y · 1 / - 0 / I/ (Authorized by MCL 436.7a) . , n'iP,0rtant: Please condufyour investigation as soon as possible and complete ~II four sections of tni's report. Return the completed report and fingerprint cards to the Commission. Lansing, MiSt1iefan 48909-7505 1 HEQUES'T' I. D. # 100?49 BUSINESS NAME AND ADDRESS: (include zip code) GSTS, lNC. 'fO rm LOCA'rED AT 2185 HENIG, MUSKJ1;rt0N, MICHlGAN L:94L.1 IN t1!USKEGON COUN'l'Y. REQUEST FOR: 'rIU\N8J.l,EH OWNE!lt~IITP OF 00 1 CLASS C & 3UM LICRNSES WI'l'II EN'['J.i;H'l'AlNMgN'J' l'EH.Mn' .1!'110M 'l'AVJ!~RN ON J{l•;NRY, INC . I Section .1. FJNGBRPrtlm' RF.:QUlRJW .APPLICANT INF9RMATION < FING:ErtPRJ.Wr REQUIRltD I APPLICANT #1: APPLICANT #2: Clil\.ULES A SLA'fl!:R-S'l'OCKHOLDJ~H 'rAMMY L SLA'rEll- STOCKHOLDl!!H HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 4o70 WHI'rE RD /.i,6'/0 WHIT!~ RD. MUSKEGON, MJ CIIJGAN 494L1.2 MUSKl~GON, MICHIGAN 1194.42 <m1)2-:i1 /?'e.-oseo (Bun);n1 /759-001...6 (IIM)2'3I /77'3-0580 (BUS) 2'31 /759 ~OUl.6 DATE OF BIRTH: Cf I(,,· l;"3 DATE oF BIRTH: 1r 11, r,~ If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen: o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status? DYes • No D Yes D No o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status: Date fingerprinted: z _161·01 Date fingerprinted: Z· / ?·0/ Attach the fingerprint card and $15.00 for each card and mail to _the LlquorCorifr<>I Commission. I ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0Felony O Misdemeanor Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a s igned and dated report if more space is needed) dated report if more space is needed) I Section 2. Investigation of Business and Address to be Licensed I Can living quarters be reached from the inside of the establishment without going outside? D Yes ~ , No Does applicant) ntend to have dancing or entertainment? D No -~ --Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? t~ No D Yes, explain relationship: I Section 3. Local and'State Codes arid Ordinances, and General Recommendations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning; fir~ , sanitation and health laws and ordinances, if this license is granted? @ Yes D No If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated repor\ If_more space is needed) I Section 4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? [RI Yes D No 2. Is the. proposed location satisfactory for this business? [ll Yes D No 3. Should this request be granted by the Commission? [8] Yes D No 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report II more space Is needed) Slgnat~(e (Sheriff or Chief of Police) Date LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file) 3215 IPOIP A 1TOIP 7rA VIE~illl 0 0 6-95 2185 HENRY ST. MUSKEGON, Ml 49441 74-347/724 I, = .. . ,. -, . wt····, 3214 6-95 74-347 /724 OATE~Z'---------l---!&+?--~<'~{~_ $ 13o,, QC, Commission Meeting Date: July 24, 2001 Date: July 18, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development <2"5 <:_,, RE: Change to Request to Construct 3 Houses on Lawrence Street SUMMARY OF REQUEST: In August 2000 Mr. Lawrence Baker of Artistic Builders purchased a vacant buildalble lot on Lawrence street (parcel number 24-610-000-0124-00) for the construction of 3 single-family homes. Since Mr. Baker subsequently discovered that the parcel was larger than first thought, it would be possible to construct 4 homes on lots of 99 feet each. He would like the City to revise his request and the deed to allow construction of 4 houses, with the last house to be finished in 36 months from the date of purchase, which was August 14, 2000. FINANCIAL IMPACT: The construction of another single-family home will add to the tax base, and add another home to the housing stock. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize both the Mayor and the City Clerk to sign said resolution. COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC) recommended approval of this request at their July 17th meeting. 7/18/2001 Resolution No. 2001-85 ( d) MUSKEGON CITY COMMISSION RESOLUTION APPROVING AN AMENDMENT TO THE RESOLUTION 2000-76(k) TO ALLOW THE CONSTRUCITON OF FOUR (4) SINGLE-FAMILY HOMES. WHEREAS, Lawrence Baker has made a request to construct four (4) single family homes instead of three (3) single-family homes on the property he purchased from the City of Muskegon in August 2000 designated as parcel #24-610-000-0124-00; WHEREAS, the construction of an addition single-family home would generate additional tax revenue for the City; NOW THEREFORE BE IT RESOLVED, that Resolution Number 2000-76)k) be amended to allow for the construction of four (4) family homes with not less than 1600 square feet and two stall garages. Urban Renewal Plat No. 1 All of the Lots 124-127 and the West 56.8 feet of Lot 128 Adopted this 24th day of July, 2001 Ayes: Be nedict, Nielsen, Schweifler, Shepherd, Spataro, Aslak s on Nays: None Absent Sieradzki CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on July 24, 2001. , / By: Q_ ~~ City~Owr, ~ Property Map '· 8/8/00 -- y s I I ti?~'' ";/;R,;''>'~. 1 1111 l~ll n I I 111111 - -- ) DUDLEYAV z. -- L ~ I r-- ADDENDUM TO PURCHASE AGREEMENT 2001-85(d) This addendum to a certain purchase agreement between Lawrence Baker and the City of Muskegon dated August 8, 2000, is executed to reflect the fact that the City has approved the Buyer's request to build an additional dwelling on the property. After approval by the City Commission and execution, this addendum shall be attached to the original purchase agreement. The Purchase Agreement is amended to provide, in section 5, for the building of an additional single family home, as follows: In addition, Buyer shall build a fourth single family residence within 36 months of the execution and delivery of a revised deed from the Seller to the Buyer providing for same in the form of an additional covenant, the said residence to have 1600 square feet of living space, not counting basement, and a two - stall garage. In all other respects the Purchase Agreement dated August 8, 2000, remains in effect. The effective date of this addendum is -:Sd 4 d-4 2001. ,,-- 'v SELLER : CITY OF MUSKEGON By d~~'·• Fred J. N i e l , ~ By ,Ji\_Ll ( . Gail A. Kundinger, Clerk ,i, ,k,..,{.<l~~ ( BUYER: (' (1"-CL\.....__, ~'\.ii\.\_\.._':(__ Q i 0"~ &G~ 1l ~'\ Lawrence Balcer S.S. no. 369 - 58 - 7827 C:\TEMP\Baker PA addendum 7-17-01.doc QUIT-CLAIM DEED 2oq1 ·-s5 ( d) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to Lawrence Baker, a married man, of 835 Stevens, Muskegon, MI 49442, the following _described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: All of Lots 124-127 and the West 56.8 feet of Lot 128 of Urban Renewal Plat No. 1 for the sum of Twenty-one Thousand and One Dollars($21,001.00). PROVIDED, HOWEVER, Grantee, or his assigns, $hall complete construction of one (2) single family homes having not less than 1,600 square feet ofliving area (excluding basements) and two stall garages each, on the premises herein conveyed within eighteen (18) months after the date hereof, a third home with the same specifications by a date no later than 24 months after the date of this instrument, and a fourth home with the same specifications by a date no later than 36 months after the date of this instrument. In default of such construction, title to the premises on which the failure to complete has occurred shall revert to the City of Muskegon free and clear of any claim of Grantees or their assigns; and, in addition thereto, the City of Muskegon may retain the consideration · for this conveyance free and clear of any claim of Grantees or their assigns. "Complete construction" means: (1) issuance of a residential building permit by the City of Muskegon; and, (2) completion to code of the dwelling described in the said building permit. In the event of reversion of title of the any of the above described premises, improvements made thereon shall become the property of Grantor. Further, Grantee covenants that each property shall be occupied by its owner for a period of five years from the date of this deed.- Failure to abide by this covenant shaJI result in reversion of title and possession to the Grantor. The provisions of this paragraph are collectively covenants which 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). Datedthis 24thdayof July , 2001. Signed in the presence of: CITY OF MUSKEGON :~.&1~.11.~ and.-J..:-~~:::::::_~ o ~ ·-<-....1~ ~~ ~~ _,t ~ _0 ~ _ _ _ Gail A. Kundinger, Its Clerk C:\TEMP\2001 BAl<ER REVISED DEED.DOC STATE OF fvfICHIGAN COUNTY OF MUSKEGON 2001-85_( d) The foregoing instrument was acknowledged before me this 27th day of July , 2001, FRED J. NIELSEN and GAIL A . KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson G. Thomas Johnson, Parmenter O'Toole c /h cfa s. ;t::'o 7 r f',,,... I . 175.W. Apple Avenue Notary Public, Muskegon County, Michigan Muskegon, fvfI 49443-0786 My commission expires: ;l- ol o - 0 e?, · Telephone: 23U722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\TEMP\2001 BAKER REVISED DEED.DOC Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Laketon Ave. Wood to Peck SUMMARY OF REQUEST: The contract to Mill & Resurface as well as the construction of a left turn Laketon from Wood to Peck be awarded to Nagel Construction out of Moline since they were the lowest (see attached bid tabulation) responsive and responsible bidder with a bid price of $389,036.65. Furthermore, your award of this contract, if granted, is contingent on the State's approval since they are contributing $150,000 into this improvement. Other bidders were; 1. C & D. Hughes with a bid of $513,288.84 2. Grant Tower with a bid of $440,266.17 FINANCIAL IMPACT: The construction cost of $389,036.65 plus associated engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: Adjust the original budget from $350,000 to $450,000. The additional money would come from the money that was allocated for Division Street. This revision would be reflected in the second quarter update. STAFF RECOMMENDATION: Award the contract to Nagel Construction. COMMITTEE RECOMMENDATION: H•144.: LJ-\1\t:lUN, WUUU IU l""t:1.,1\ BID TABULATION ENGINEER'S ESTIMATE GRANT TOWER C&DHUGHES NAGEL CONSTRUCTION DESCRIPTION QUANTITY UNIT UNIT PRICE T. PRICE UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Z' INLET STRUCTURE 4 EA $800.00 $3,200.00 $652.98 $2,611.92 $1.500.0C $6,000.0C $700.0C $2,800.0C ADJUST DRAINAGE STRUCTURE COVER 17 EA $400.00 $6,800.00 $583.0! $9,911.85 $700.0C $11,900.IJC $150.cx $2,550.CX 3 AGGREGATE BASE COURSE, 22A, 6" C.I.P. 2871 SQ.YD. $6.00 $17,226.00 $4.2' $12,173.04 $7.0C $20,097.0C $4.1! $11,914.65 AGGREGATE BASE COURSE, 22A, AS NEEDED 550 TON $20.00 $11,000.00 $11.00 $6,050.0C $30.0C $16,500.oc $15.0C $8,250.CX 5 BIT APPROACH 11 TON $125.00 $1,375.00 $94.21 $1,036.31 $90.00 $990.00 s100.oc $1,100.0C BIT. MIXTURE 2C@440#/S.Y. 2513 TON $30.00 $75,390.00 $38.54 $96,851.02 $29.11 $73,153.43 $30.0C $75,390.0C BIT. MIXTURE 3C @! 165#/S.Y. 948 TON $35.00 $33,180.00 $39.46 $37,408.08 $31.25 $29,625.00 $40.0C $37.920.0C mBIT. MIXTURE 4C POLYMER MOI;IIFIED ASPHALT CEMENT@ 220#fS.Y. 1260 TON $41.00 $51,660.00 $46.02 $57,985.20 $39.3C $49,518.00 $40.0C $50,400.00 9 CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL 14EA $500.00 $7,000.00 $316 36 $4,429.04 $720.0C $10,080.0C $400.() $5,600.UI 11 CATCH BASIN, STANDARD 10EA $1,100.00 $11,000.00 $1,499.04 $14,990.40 $1,200.Ul $12,000.0C S900.oc $9,000.0C 12 CONCRETE APPROACH, 6", STANDARD 3 SQ.YD. $27.00 $81.00 $32 . 47 $97.41 $27.0C $81.0C $36.0C $108.00 1 CONCRETE CURB AND GUTTER, DETAIL F-4, MODIFIED 1731 L.FT. $10.00 $17,310.00 $9.83 $17,015.73 $8.UI $13,848.UI $12.UI $20,772.oc 1 CONCRETE SIDEWALK 4" 158 SQ.YD. $2.00 $316.00 $26.52 $4,190.16 $22.5C $3,555.00 $27.0C $4,266.0C 1s CONCRETE SIDEWALK 6" 4 SQ.YD. $3.00 $12.00 $31.76 $127,04 $27.00 $108.00 $36.0C $144.0I 16 OUST PALLIATIVE, APPLIED, CA CL2 40TON $60.00 $2,400.00 $83.66 $3,346.40 $1,UI $40.w S50.U<. S2,000.oc 1' IRRIGATION RELOCATION 1 LUMP SUM $5,000.00 $5,000.00 $8,213.5, $8,213.52 $100,000.00 $100,000.00 $5,000.0C $5,000.0C 19 MACHINE GRADING 17.8 STA. $500.00 $8,900.00 $1,005.07 $17,890.25 $1,000.0C $17,800.00 $1,000.UI $17,800.oc 2 MAINTENANCE GRAVEL 300 CU.YD. $20,00 $6,000.00 $16.20 $4,860.00 $20.0C $6,000.00 $10.0C $3,000.0C 21 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL SEA $500.00 $2,500.00 $218.7i $1,093.70 $700.0C $3,500.00 $300.o $1,500.UI 2 MANHOLE TAP 13 EA $300.00 $3,900.00 $261.17 $3,395.21 $350.0C $4,550.CX $300.0C $3,900.0C 23 PAVT MRKG, INLAY COLD PLASTIC, 6n, CROSSWALK 2-4 PAVT MRKG, INLAY COLO PLASTIC, 18n, STOP BAR 2 PAVT MRKG, INLAY COLD PLASTIC, LEFT TURN ARROW SYMB 180 LFT. 45 L.FT. 16EA $1.50 $2.00 $70.00 $270.00 $90.00 $1,120.00 $2.08 $6.51 $88.91 $374.40 $292.95 $1,422.56 $1.65 $5.45 $75.00 $297.CX $245.25 $1,200.CX .... $2.0C $100.00 $360.0C $270.oc $1,600,0C 2 PAVT MRKG, OVERLAY COLD PLASTIC, LEFT TURN ARROW SYMB 22EA $70.00 $1,540.00 $110.82 $2.438.04 $95.00 $2,090.00 $100.0C $2,200.0C 27 PAVT MRKG, OVERLAY COLO PLASTIC, ONLY 6EA $75.00 $450.00 $94.7• $568.44 $60.00 $480.0C $100.0C $600.CX 2! PAVTMRKGWATERBORNE,4", YELLOW 7966 L.FT. $0.18 $1,433.88 $0.3! $2,788.10 $0.28 $2,230.48 $0.~ $3,983.UU 2 PAVT MRKG WATERBORNE, 4", WHITE 2436 L.FT. $0,20 $487.20 $0.3! $852.60 $0.28 $682.08 $0.50 $1,216.00 3ll PAVTMRKGWATERBORNE, 1T, WHITE 180 L.FT. $1.00 $180.00 $2.06 $370.80 $1.7! $315.0C "·"' $360.<A 31 PREPARED TOP SOIL AND SEED CLASS A 3 RECONSTRUCTING DRAINAGE STRUCTURE 1030 SQ.YD. 9V.FT. $2.50 $300.00 $2,575.00 $2,700.00 $5.22 $127.s.1 $5.376.60 $1.148.76 $5.Ut $350.CX $5, 150.0C $3,150.0C "·'° $100.00 $2,575.cx $900.0C 33 REMOVING BIT SURFACE 105 SQ.YD. $10.00 $1,050.00 $1.s.1 $172.20 $10.CX $1,050.0 $1.UU $105.cx 3-4 REMOVING CURB ANO GUTTER 1731 L.FT. $7.00 $12,117.00 $4.55 $7.876.05 $6.U< $10,366.0C $3.00 $5,193.CX 35 REMOVING DRAINAGE STRUCTURE 17 EA $500.00 $8,500.00 $155.41 $2,641.97 $500.0C $8,500.0C $250.UI $4,250.u 3li REMOVING PAVEMENT (BITUMINOUS) 9441 SQ.YD. $3,00 $28,323.00 $0.71 $6,703.11 $1,6{ $15,105.6{ $3.0C $2B,323.0C 37 REMOVING SEWER 160 L.FT. $10.00 $1,600.00 $9.60 $1,536.00 $10.CX $1,600.0C $10.UI $1,600.Ut 3 REMOVING SIDEWALK 194 SQ.YD. $1.00 $194.00 $4.41 $655.0'1 $10.CX $1,940.oc $5.0C $970.00 3 REMOVING TREE, 8" TO 12" 1 EA $400.00 $400.00 $182.47 $182.47 $400.0C $400.00 $700.0C $700.0 4C SIGN, TYPE II B 18 SQ.FT. $20.00 $360.00 $28.7~ $517.14 $24.CX S432.0C $25,UI $450.u 41 STEEL POST, 2LBS / FT 110 L.FT. $2.00 $22(1.00 $5.98 $657.80 $5.U<. $550.0C $5.50 $605.CX 4: STORM SEWER.12'", C76 CLASS V 148 L.FT. $50.00 $7,400.00 $100.52 $14,876.96 $35.0C $5,180.0C $20.CX $2,960.0C < STORM SEWER, 12", DUCTILE IRON, CL 52 201 L.FT. $60.00 $12,480.0( $111.75 $23,244.ll'. $45.UI $9.360.oc $25.Ul $5,200.1.X • TRAFFIC CONTROL PHASE 1 1 LUMP SUM $25,000.00 $25,000.00 $25,000.00 $31,677.01 $31,677.01 $30,000.0C $30,000.0C $30,000.0C $30,000.0C 45 TRAFFIC CONTROL PHASE 2 1 LUMP SUM $25,000.00 $28,023.03 $28,023.03 $30,000.0C $30,000.0I $30,000.u $30,000.00 46 WATER VALVE BOX AND COVER, COMPLETE 8 EA $350.00 $2,800.00 $251.67 $2,013.36 $450.0C $3,600.00 $150.CX $1,200.0C TOTAL $400,540.08 $440,286.1 S513,2U.~ $389,036.6! l-lo1"2 910 TABULATION 07/1&'2001 •:11 PM Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Request to amend an Encroachment Agreement SUMMARY OF REQUEST: Hawkeye Environmental is requesting your perm1ss1on to amend the encroachment agreement 98-109 I to include the installation of one more well in addition to those that are present. The well would be, if approved, installed in the terrace in front of 1249 Peck as shown on the attached sketch, FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement subject to the same conditions set original. COMMITTEE RECOMMENDATION: HAWKEYE ENVIRONMENTAL LAND SERVICES, INC. PROf1DING DUE DILIGENCE SERVICES FOR THE ENv7RONMEN7'.4L INDUSIRY P.O. Box 246 e-mail hawkeyc@shianet.org (989)743--4344 Corunna_. MI 48817 Fax (989)743-6450 July II, 2001 Mohammed Alshatel RECErVED C' n •1r .!,. . . ·:. City of Muskegon, Engineering Department P.O. Box536 JUL 17 200f Muskegon, Mi 49443-0536 RE: Amendment of Permit #98-109(i) ENGINEERING DEPT. Speedway SuperAmerica LLC Station #6295 1250 Peck Street Muskegon, Ml Dear Mr. Alshatel: Respectfully, we would like to request, on behalf of Speedway SuperAmerica LLC, Inc., an amendment of Permit #98-109(i) as issued by the City of Muskegon. SSA is being required by the Michigan Department of Environmental Quality, Storage Tank Division to install one (01) additional well on the West side of Peck Street. The location of the proposed well is approximately midpoint between the existing wells #8 and # IO as shown on the attached plat. Should you have any questions please feel free to reach us at the above number. Also, ifthere are further requirements se advise. Respectfully, cc K. Lepak/SSA w/o enclosures G. Mast/NESA w/o enclosures file C:\Corel\Suite8\Speedway SuperAmerica LLC\6295\Pernnit Amendment Letter to City ofMuskegon.wpd JOHN C. STENDER JR., PRESIDENT CERTIFIED PROFESSIONAL LANDAL4N/ENVIRONMENTAL SITE ASSESSOR •-- - "' ---- ~~ -"" --- CS) CS) 01MW-9 ,,....s CS) 1229 ND <;I? -- "' A 01 MWc.s - , , / \ \ \' - en en Pro4 ' - A Ul ND 0 rMW-7 MW-6 , Ul w 1239 cD ND ' co Wel MW-3o t E T I, S, '- , Location S I en El _', E -~1 'ND fill' \ •• I -3, 0 MW-1 \ 1249 I 1MW ~ a, ND , ~ II "-· I ,,, ,I' II : rl : I MW-6 -4 United , I MW #6295 { LEGEND [:J 0 MW-IO ND 0 I I I MW-5 IND ! 0MW- 2 \ ' \ .,. \ \ > 32 0 B ~.Mooilorimg Well = Bcmax: (1 "1¥L) T =Tolucu, (I •w'.1-) E = lllhylbcc={l ug/L) X=Xylme,(2,w!-) z !Tl (J) I> Dcslroy<d , M = Mothyl Tcrt. Butyl EU= (5 ug/L) ! a, rl I I I , , T(l) = 1 , 2 , 4 - T ~ ( I uwl-) T(2) = 1,3,5-Trimethylbcnzenc (l ug/L) . 1 , , , N =1'Jtphth1Jmc (5 llgll.) 2M - 2-Mc<hylnaphllalooc (5 ug/L) "ND = Non Ddcct , S!,oogAvmuc ' ' V Figure 1 Site Plan with 8/15/00 Groundwater Analytical Data (ug/L) SSALLC Cloocd Unilcd #6295 1250 P<:t:k Stree! " I> Gl !Tl &.lc(t.ct) CS) w Adapted from Bellito Euviromcntal Services Drawicg, Nol a Legul Survey. 0 20 40 NESA ~ - - - - - - - - - - - - - - - - --~---- -- . -- - - - - ·, 98-109( i} CITY OF :WUSKEGON \ ENCROACHMENT AGREEMENT AND PER!VQT THIS AGREEi\-lENT is made and entered into this £?.. day of October I 998, by and between the CITY OF ~CliSKEGON, a municipal corporation (hereinafter called CITY), and _ SPEEDWAY SUPERAMERI CA, LL~hereinafter called LICENSEE). RECITALS l. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in or abuttin',l a street alley, sidewalk. park, terrace or other property controlled or owned by the City of y(uskegon. the encroachment being described as Installation of three (03) flush mount, groundwater monitoring wells. ' The City • owned or controlled property (herein "property") subject to the encroachment is described as: [please insert a general description. and if required by the city, an accurate legal description] Tbe West side of Peck Street, North of Strong Avenue. Across from the Speedway station located at 1250 Peck Street. 3. The City is willing to grant such privilege upon the terms and conditions herein. This agreem~m ;hall -:onstitute a pewit •1nder <ection l 3- l 9 of the Code of Ordinances, but shall acplv to any encroachment on public ways or property. THEREFORE. l. CITY does hereby grant llilto LICENSEE the privilege of _ _coastructing, ..x..installing ,_maintaining _ _ repairing __performing all necessary funcrions relating to the encroachment, and for that purpose to enter the property, for the term herein stated. This j,' <:ity certificates or policies evidencing such inst.ranee coverage . The insurance policies or ' certi.ficates'"shhll provide that the City shall be g,ven thirty days written notice before a cancellation or change in coverage may occur. The types of coverage and coverage limits. fo be required shall be as follows: 5. BONDCNG. Before this agreement /permit becomes valid, LICENSEE shall file with the city 1 bond conforming with the requirements of any ordinance, and shall keep same in force during the entire tenn of this agreement. . ,, 6. The privilege hereby granted may be canceled and revoked by the CITY at any time upon giving said LICENSEE _ days of written notice of such cancellation and revocation. ,. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in writmg to the City_ days prior to such surrender; provided, however. that upon the voluntary relinquishment or abandonment of this privilege. or upon cancellation or revocation thereof by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City and in default thereof shall be liable to City for any cost; damage or expense the City may sustain in such restoration. · 8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be performed hereunder, the privilege hereby granted shall immediately terminate and become null and void. 3 SUPPLEMENTAL CONDITIONS 1- The grantee shall be fully responsible for the maintenance of the of the wells and any relocation that becomes necessary to facilitate other improvements within the right of way. 2- Grantee will be responsible to maintain and keep, for the duration of this agreement, a valid insurance coverage satisfactory to the City. · Commission Meeting Date: July 24, 2001 Date: July 12, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development CB:__~ RE: Sale of Non-Buildable Lot on Austin Street SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-215-008-0028-00) on Austin Street to David Wotli of 1724 Beidler (see attached map). Approval of this sale will allow Mr. Wotli to expand the current yard on his rental property and possibly construct a garage. The subject parcel is being offered to Mr. Wotli for $100. The parcel is located next to another vacant, unbuildable parcel, which is owned by a property owner across the alley. City policy for sale of unbuildable lots states that the sale of the lot will be "to expand/improve or beautify existing property". 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 (LRC) recommends approval of the sale of the unbuildable lot on Austin Street to Mr. David Wotli. 7/12/2001 CITY OF MUSKEGON RESOLUTION #2001- 86 ( e) RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT WHEREAS, the City of Muskegon has received $100.00 from David Wotli, 1724 Beidler for the purchase of a vacant, City-owned lot located adjacent to his property on Austin Street (parcel #24-215-008-0028-00); WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance, and there are no other opportunities to sell a portion to another adjacent prope1ty owner; 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 policies of the City; NOW, THEREFORE BE IT RESOLVED, that CONTINENTAL ADD LOT 28 BLK 8 be sold to Mr. David Wotli for $100. Resolution adopted this 24th day of July, 2001. Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen Nays: None Absent: Si er adz k i Attest: ~a,_1-Q Gail A Kundinger, Clerk CERTIFICATION 2001-86(e) This resolution was adopted at a regular meeting of the City Commission, held on July 24, 2001. 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 · - · - - - - - -.. .______ J L·-·-·--- - -- - ·- J QUIT-CLAIM DEED ,J.oo I - !'~Ce.) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to DAVID WOTLI, a married man, of 1724 Beidler Street, Muskegon, MI 49441, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: Lot 28 of Block 8 of CONTINENTAL ADDITION; for the sum of One Hundred ($100) Dollars. 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 .dsf__ day of August, 2001. Signed in the presence of: df/J1M~ STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this r:,J<fd day of August, 2001, FRED J. NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson, Parmenter O'Toole L,//da S . /7 0 -rf-t"r 175 W. Apple Ave., Muskegon, MI 49443-0786 Notary Public; Muskegon County, Michigan Telephone: 231/722-1621 My commission expires: _ _,;1 ;__-__,ol "'--"<,__ J-_o ...;__:~=-- -- - - - - WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILL S TO: Grantee G:\COMMON\5\GTJ\C-RLEST\C-WOTLI.QCD.DOC Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids City Hall Tuck Pointing SUMMARY OF REQUEST: The contract to Caulk, Tuck Point and Seal City Hall to D. C. Byers Company out of Grand Rapids since they were the lowest (see bid tabulation) responsible bidder with a bid price of $46,600 (including the chimney). FINANCIAL IMPACT: The construction cost of $46,600. BUDGET ACTION REQUIRED: Adjust the original budget from $25,000 for partial repair work to $46,600. The additional money would come from the savings on the P.D. parking lot project ($7,000) that was budgeted at $32,000 but final cost was more like $28,000 and $15,000 from the Restlawn Cemetery Office Renovation project which was budgeted at $75,000, however, the bids came in much lower. This revision would be reflected in the second quarter update. STAFF RECOMMENDATION: Award the contract to D. C. Byers. COMMITTEE RECOMMENDATION: ,lu1-06-0l 02:49P 6165381970 P.02 •n••I• 111111== Sl't:HAI.IHS lili Hl:STORATIO!I; ,u· STHlll:n:RK~ s11,;n; , ..,J D. C. Byers Company P.O. BOX 8576 GRAND RAJ"'IOS, MICHIGAN 49518 PHONC (6161 038 /~00 July 6, 200L City of Muskegon 933 Terrance Street l'.0. llox 536 Muskegon, Ml 49443 Attention: J.R. Gann Regarding: City Hall Tuckpointing Dear J. R, Per my site visit and review with you on 07/06/01 D.C. L!ycrs Company/Grand Rapids lnc. proposes to furnish all material, labor, equipment, insurance, and supervision to perfonn the following: To include necessary tuckpointing of the existing chimney al City Hall tuckpointing project and caulking and coating of the concrete chimney cap. COST: $475.00 Thank you for having called upon us. We look forward to working with you. Sincerely, D.C. Byers Company/Grand Rapids Inc. ~~o. ~ VP Sales JS0l-134/dle Date: July 10, 2001 To: Honorable Mayor and City Commissioners From: Finance Director RE: Sale of DOA Refunding Bonds SUMMARY OF REQUEST: Previously, the City Commission authorized staff to enter into negotiations for sale of up to $4.5 million of LTGO bonds for the purpose of refunding the outstanding 1989 DDA Series A and Series D tax increment bonds to achieve significant interest savings. Treasury Department approval has been received and staff has selected (via competitive RFP process) First of Michigan to undeiwrite and market this bond issue. rd The bonds are scheduled for pricing on Monday, July 23 and will be brought to you the following evening for approval of the sale. Attached is the "Resolution Approving Sale of the City of Muskegon 2001 Development Refunding Bonds (General Obligation Limited Tax)" together with the "Bond Purchase Agreement" and "Escrow Agreement" that you will be asked to approve. Approval of these documents is the final official action needed for sale of the bonds. There are some blank spaces in the documents that will be filled in once financial details of the bond sale are known. FINANCIAL IMPACT: The exact financial impact will not be known until the bonds are priced for sale on Tuesday, July 1,0th .l.3 "&.. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approval of the attached awarding resolution. COMMITTEE RECOMMENDATION: None. Both the City Commission and the DDA Board have taken earlier actions in support of this bond sale. 9/18/97 Founded in 1852 MICHIGAN: Ann Arbor by Sidney Davy Miller Sidney T. Miller (1864-1940) MILLER Detroit• Grand Rapids Howell • Kalamazoo Lansing• Monroe• Troy George L. Canfield (1866-1928) Lewis H. Paddock (1866-1935) Ferris D. Stone (1882-1945) CANFIELD New York, N.Y. Washington, D.C. POLAND: Gdynia MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. Katowice• Warsaw 150 West Jefferson, Suite 2500 AFFILIATED OFFICE: JOELL. PIELL Detroit, Michigan 48226 Pensacola, FL TEL: (313) 496-7518 TEL: (313) 963-6420 FAX: (313) 496-8450 FAX: (313) 496-7500 E~MAIL: piell@millercanfield.com www.millercanfield.com July 16, 2001 Mr. Timothy J. Paul Finance Director City of Muskegon 933 Terrace St PO Box 536 Muskegon,MI 49443-0536 Via Email Dear Tim: Please find herewith enclosed a suggested form of resolution to be used on July th 24 to award the refunding bonds. I would ask you to review same and if you have any questions concerning the resolution, please let me know. Very truly yours, MILLER, CANFIELD, PADDOCK.AND STONE, P.L.C. By:----------------- Joel L. Piell cc: Mr. Warren M. Creamer, III (Via Email) DELIB:2248707. t \063684-00024 RESOLUTION APPROVING SALE OF THE CITY OF MUSKEGON 2001 DEVELOPMENT REFUNDING BONDS (GENERAL OBLIGATION LIMITED TAX) THE CITY OF MUSKEGON COUNTY OF MUSKEGON, MICHIGAN 2001-S?(a) Minutes of a regular meeting of the City Commission of the City of Muskegon, County ofMuskegon, Michigan, (the "City"), held on the 24th day of July, 2001 at 5:30 o'clockp.m., Eastern Daylight Savings Time. PRESENT: Members Aslakson, Benedict, Nielsen, Schweifler, Shepherd, " ~ ~ S ataro w g ,, . ABSENT: Sieradzki Members -.C...CC"--"~~--------------- ~ 1 The following preamble and resolution were offered by Member ~S"'p=at=a~r=o_ _ _ __ ~ ~ and supported by Member _A_s_la_k_s_on_ _ __ WHEREAS, by resolution adopted on June 12, 2001, (the "Bond Resolution"), the City authorized not to exceed $4,500,000 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) (the "Bonds") for the purpose of refunding the Downtown Development Authority of the City of Muskegon 1989 Downtown Development Limited Tax Increment Bonds, Series A-1 and Series D-1 each dated as of August 30, 1990 (the "Prior Bonds"); and WHEREAS, the Michigan Department of Treasury (the "Department") approved issuance of the Bonds; and WHEREAS, the City has received or will receive an offer to purchase the Bonds from First of Michigan Division ofFahnstock & Co. Inc. (the "Underwriter"), and providing the provisions of this resolution have been met the City determines that it is in the best interests of the City to accept the offer. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The offer of the Underwriter as set forth in the proposed bond purchase agreement (the "Bond Purchase Agreement") presented to this Commission to purchase the Bonds in the principal amount and at a purchase price plus accrued interest, if any, as will be shown on the exhibit attached to the Bond Purchase Agreement (the "Exhibit"), is hereby accepted, providing that the net interest cost to the City do not exceed five and one half percent per annum and the par amount of the Bonds does not exceed $4,500,000 and the City Finance Director is authorized and directed to execute and deliver the Bond Purchase Agreement on behalf of the City. 2. The Bonds shall be dated as of the date shown on the Exhibit, shall be designated ~ 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) and shall ~ mature, bear interest, and be subject to redemption as shown on the Exhibit. Notice of redemption of any Bond shall be given at least thirty (30) days prior to the date fixed for redemption by mail to the Owner or Owners at the registered addresses shown on the registration books kept by the Transfer Agent. Bonds shall be called for redemption in multiples of $5,000 and Bonds of denominations of more than $5,000 shall be treated as representing the number of Bonds obtained by dividing the denomination of the Bond by $5,000 and such Bonds may be redeemed in part. The notice of redemption for Bonds redeemed in part shall state that upon surrender of the Bond to be redeemed a new Bond or Bonds in aggregate principal amount equal to the unredeemed portion of the Bond surrendered shall be issued to the Owner thereof. -2- No further interest payment on the Bonds or portions of the Bonds called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with the Transfer Agent to redeem the same. 3. Fifth Third Bank, Michigan, Grand Rapids, Michigan is hereby approved as Transfer Agent for the Bonds and is further approved as Agent (the "Agent") under the proposed escrow agreement (the "Escrow Agreement") presented to this Commission. 4. The Escrow Agreement providing for payment and redemption of the Prior Bonds is hereby approved and shall constitute the "Escrow" referred to in the Bond Resolution. The Mayor and City Clerk shall execute and deliver the Escrow Agreement substantially in the form ':i ~ presented to this Commission with such changes and completions as shall be necessary in order ~ a ~ ~ to accomplish refunding the Prior Bonds in accordance with law, the Bond Resolution and the I order of the Department. ij 5. Upon delivery of the Bonds, the accrued interest, if any, shall be deposited in the ~ ~ Debt Retirement Fund for the Bonds and the balance shall be used as follows. A sum presently estimated to be $80,585.84 shall be used to pay the costs of issuance of the Bonds, and any balance remaining from that sum after paying the costs of issuance shall be deposited in the Debt Retirement Fund for the Bonds. The net proceeds of the Bonds, plus accrued interest, together with monies in the Debt Service Reserve and related funds established for the Prior Bonds, less costs of issuance and the underwriter's discount shall be paid to the Agent and invested by it as provided in the Escrow Agreement for payment of principal, interest and redemption premium on the Prior Bonds. 6. The Preliminary Official Statement relating to the Bonds and its use by the -3- Underwriter are hereby authorized, approved and confirmed. 7. The Official Statement relating to the Bonds, which Official Statement has been presented to and is on file with this Commission is hereby authorized and approved. The City Manager is authorized and directed to execute and deliver the Official Statement on behalf of the City. The Mayor, City Clerk, City Manager and Finance Director are further authorized to approve, execute and deliver any amendments and supplements to the Official Statement necessary to assure that the statements therein are, and as of the time the Bonds are delivered to the Underwriter will be true, and that it does not contain any untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements, in light of 0 ~ ~ the circumstances under which they were made, not misleading. ~ ~ 8. The officers, agents and employees of the City are authorized to take all other ~ ~ actions necessary and convenient to facilitate sale of the Bonds including the execution of such ~ ~ 5 certificates and closing documents as are required to sale the Bonds. 9. The Bonds of this issue shall be executed in the name of the City with the manual or facsimile signatures of the Mayor and City Clerk and shall have the seal of the City, or a facsimile thereof, printed or impressed on the Bonds. No Bond shall be valid until authenticated by an authorized officer or representative of the Transfer Agent. The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the Transfer Agent to the purchaser or other person in accordance with instructions from the City. 10. The transfer Agent shall keep the books of registration for this issue on behalf of the City. Any Bond may be transferred upon such registration books by the registered owner of record, in person or by the registered owner's duly authorized attorney, upon surrender of the -4- Bond for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Transfer Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. The Transfer Agent shall require the payment by the bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the transfer. Unless waived by any registered owner of bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the City. Such notice shall be dated and shall contain at a minimum the following information: original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption, the called amounts of each certificate); the place where bonds called for redemption are to be surrendered for payment; and that interest on bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date. ~- ~ In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein. 11. The Bonds shall be in substantially the following form subject to such changes as may be necessary to purchase a policy of municipal bond insurance: -5- UNITED STATES OF AMERJCA STATE OF MICHIGAN UNITED STATES OF AMERJCA CITY OF ANN MUSKEGON 2001 DOWNTOWN DEVELOPMENT REFUNDING BONDS (GENERAL OBLIGATION LIMITED TAX) Date of Interest Rate Maturity Date Original Issue CUSIP Registered Owner: ~ "' Principal Amount: Dollars ~ 0 ~ I ~ KNOW ALL MEN BY THESE PRESENTS, that the City of Muskegon, County of c Muskegon, State of Michigan (the "City"), aclmowledges itself to owe and for value received ~ hereby promises to pay to the Registered Owner specified above, or registered assigns, the ~- , Principal Amount specified above, in lawful money of the United States of America, on the Maturity Date specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon until paid from the Date of Original Issue specified above or such later date to which interest has been paid, at the Interest Rate per annum specified above, payable on ___ 1, 20_ and semiannually thereafter. Principal of this bond is payable upon presentation and surrender of this bond at the principal office of Fifth Third Bank Michigan, Grand Rapids, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner not less than sixty (60) days prior to an interest payment date (the "Transfer Agent"). Interest on this bond is payable to the person or entity which is registered owner of record as of the 15th day of the month preceding the interest payment date as shown on the registration books of the City kept by the Transfer Agent, by check or draft mailed by the Transfer Agent to the registered owner of record at the registered address. Principal of and interest on this bond are payable in the first instance from tax increment revenue payments received by the City from the Downtown Development Authority of the City of Muskegon (the "Authority"). In addition, for prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City are hereby irrevocably pledged. In case of insufficiency of the tax increment revenue payments for the payment of the principal of and interest on this bond, the City is obligated to pay the same as a first budget obligation from its general funds or from any taxes which it may levy within applicable constitutional and statutory tax limitations. -6- This bond is one of a series of bonds aggregating the principal sum of$ , ,000, issued pursuant to Act 197, Public Acts of Michigan, 1975, as amended, and a resolution duly adopted by the City Commission of the City for the purpose of refunding the Authority's 1989 Downtown Development Limited Obligation Tax increment Bonds, Series A-1 and D-1. The City has pledged its full faith and credit, subject to applicable constitutional and statutory tax limitations, as additional security therefor. Bonds of this issue maturing in the years _ _to __ , inclusive, are not subject to redemption prior to maturity. Bonds or portions of bonds in multiples of$5,000 of this issue maturing in the years 2_ and thereafter shall be subject to redemption, at the option of the City, in such order as the City shall determine and within any maturity by lot, on any interest payment date on or after _ _ _ _ _ _ _ I, 2_, at par and accrued interest to the date fixed for redemption. In case less than the full amount of an outstanding bond is called for redemption the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the J 0: portion of the original bond not called for redemption. Notice of redemption shall be given to the holders of bonds to be redeemed by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest on bonds called for redemption shall accrue after the date fixed for redemption, i z whether presented for redemption or not, provided the City has money available for such g redemption. ~ ~ This bond is transferable only upon the registration books of the City kept by the Transfer Agent by the registered owner of record in person, or by the registered owner's attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or the registered owner's attorney duly authorized in writing, and thereupon a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing this bond, and upon the payment of the charges, if any, therein prescribed. This bond is payable out of the Debt Retirement Fund of the City for this issue, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series ofbonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of the City, including this bond, does not exceed any constitutional or statutory debt limitation. This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate of Authentication on this bond has been executed by the Transfer Agent. -7- IN WITNESS WHEREOF, the City of Muskegon, County of Muskegon, State of Michigan, by its City Commission, has caused this bond to be signed in the name of the City by the facsimile signatures of its Mayor and City Clerk and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue. CITY OF MUSKEGON County of Muskegon State of Michigan By¼~ Its Mayor (SEAL) Countersigned ~ ~ Q_tL4a;_, City Clerk ui z ~ 0 z.,: 8"' 0 ; (Form of Transfer Agent's Certificate of Authentication) u: z c) ~ DATE OF REGISTRATION: ~ CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned resolution. FIFTH THIRD BANK, Grand Rapids, Michigan, Transfer Agent By _ _ _ _ _ _ __ Authorized - - - - - -8- [Bond printer to insert form of assignment] 12. The purchase of a policy of municipal bond insurance from MBIA Insurance Corporation insuring the Bonds be and is hereby approved. The Mayor, Clerk, and Finance Director of the City be and are hereby authorized to give execute such certificates and documents as are necessary to effect the purchase of said policy of insurance 13. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Spataro, Aslakson, Benedict, Nielsen, Schweifler, 0 .J a: ui z f2 She herd V) 0 z ~ NAYS: Members None 8 Q Q it g w RESOLUTION DECLARED ADOPTED. u:: z 1.'i °':.!_, ~ -9- I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County ofMuskegon, State of Michigan, at a regular meeting held on July 24, 2001, 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 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. tlw-2-c~ J~ () ~ ELIB :2245534.1\063684-00024 ui z ~ (/) 0 ~ "' g 0 it. 9 w ;;: z iJ ffi ::l :! - 10- Draft BOND PURCHASE AGREEMENT CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN 2001 DOWNTOWN DEVELOPMENT REFUNDING BONDS (GENERAL OBLIGATION LIMITED TAX) July~, 2001 City of Muskegon County of Muskegon State of Michigan Ladies and Gentlemen: The undersigned, First of Michigan Corporation Division of Fahnestock & Co. Inc. (the "Underwriters"), offers to enter into this Bond Purchase Agreement relating to the 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax), in the aggregate principal amount set fmih in Exhibit A hereto (the "Bonds") of the City of Muskegon, County of Muskegon, State of Michigan (the "Issuer"). This offer is made subject to the Issuer's acceptance of this Agreement on or before 11:00 p.m., prevailing Eastern Time, on the date hereof, and if not so accepted will be subject to withdrawal by the Underwriters upon notice delivered to the Issuer at any time prior to acceptance hereof by the Issuer. The Bonds are to be issued and sold pursuant to the provisions of Act 197, Public Acts of Michigan, 1975, as amended ("Act 197''), and resolutions duly adopted by the City Commission of the Issuer on June 12, 2001 and July 10, 2001 (together the "Resolution") for the purposes of refunding a portion of the Downtown Development Authority of the City of Muskegon 1989 Downtown Development Limited Obligation Tax Increment Bonds, Series A-1 dated as of August 30, 1990 (the "Series A Bonds") and the Downtown Development Authority of the City of Muskegon 1989 Downtown Development Limited Obligation Tax Increment Bonds, Series D-1 dated as of August 30, 2001 (the "Series D Bonds") and paying the costs of issuance of the Bonds and of the refunding. After setting aside proceeds of the Bonds for the payment of all or a portion of the costs of issuance of the Bonds, the remaining proceeds of the Bonds, together with funds of the Issuer, will be invested in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, or other obligations the principal of and interest on which are fully secured by the foregoing (the "Government Obligations"), such that the principal of and interest on such obligations will be sufficient to pay interest, redemption premium and principal on the Refunded Bonds to be refunded to their call date. The Bonds shall be dated, shall have the maturities, bear interest at the rates per annum, be sold with original issue discounts, if any, and be subject to redemption at the times, on the terms and in the manner set fotih in Exhibit A attached hereto and made a pati hereof. A Preliminary Official Statement, dated July _, 2001 (the "Preliminary Official Statement"), describing the Issuer, the Bonds and security for the Bonds has been prepared for use in connection with the public offer, sale and distribution of the Bonds. There has also been prepared a final Official Statement dated July , 2001 (the "Official Statement"), setting forth definitive information relating to the terms of offering of the Bonds. Any and all appendices, exhibits, reports and summaries included in the Preliminary Official Statement or the Official Statement or attached thereto shall be for all purposes hereof deemed to be a part of the Preliminary Official Statement and the Official Statement, as applicable. The Issuer confirms that the information contained in the Preliminary Official Statement was deemed to be final as of its date for the purpose of enabling the Underwriters to comply with the requirements of Rule l 5c2-12(b )(1) (the "Rule") of the Securities and Exchange Commission (the "SEC"), except for the omission of such information as is pem1itted by Rule 15c2-12(b)(l). The Issuer deems the Official Statement to be final as of its date. The Issuer hereby confirms the authority of the Underwriters to use, and consents to the use of, the Preliminary Official Statement and the Official Statement and any amendments or supplements thereto in connection with the offer, sale and distribution of the Bonds. The Issuer agrees to provide or cause to be provided to the Underwriters within seven (7) business days after the date hereof sufficient copies of the Official Statement to enable the Unde1writers to comply with the requirements of Rule 15c2-12(b)(4) of the Securities and Exchange Commission and with any applicable requirements of the Municipal Securities Rulemaking Board (the "MSRB"). The Issuer agrees to provide or cause to be provided two (2) executed copies of the Escrow Agreement (the "Escrow Agreement") between the Issuer and Fifth Third Banlc, Grand Rapids, Michigan, as escrow agent (the "Escrow Agent"), on the Closing Date (hereinafter defined) to pe1mit the Underwriters to comply with the requirements of Rule G-36 of the MSRB. 1. Purchase, Sale and Closing. Upon the basis of the representations and covenants contained herein, but snbject to the conditions hereinafter set forth, the Issuer hereby agrees to sell to the Underwriters, and the Unde1writers agree to purchase from the Issuer, all (but not less than all) of the Bonds at the price set forth in Exhibit A hereto. Payment for the Bonds shall be made to the order of the Treasurer of the Issuer in immediately available funds. The closing for the payment for the Bonds shall take place at the offices of Miller, Canfield, Paddock and Stone P.L.C., at 10:00 a.m., Eastern Daylight Savings Time, on_____ , 2001, or at such other date, place, or time as may be designated by the Unde1writers with the approval of the Issuer (the "Closing Date"). The Bonds shall be printed in definitive fonn for registration through a book-entry-only system of registration and shall be delivered on the Closing Date in New York, New York, registered in the name of Cede & Co., as nominee for The Depository Trust Company. The Bonds will be made available to the Underwriters at the place of delivery for inspection and packaging at least 24 hours before the Closing Date. The Issuer has appointed Fifth Third Banlc, Grand Rapids, Michigan, as paying agent (in such capacity, the "Paying Agent"). 2. Issuer's Representations and Covenants. The Issuer represents and covenants as follows: (a) The Issuer is a duly organized and validly existing public corporation of the State of Michigan organized and existing pursuant to Act 279 of the Public Acts of 1909, as amended and has full power and authority (i) to adopt the Resolution, (ii) to execute, deliver and perform its obligations under this Agreement, the Resolution, the Escrow Agreement, and the Tender Offer and Acceptance dated as of , 2001 by and between the Issuer and Morgan Stanley & Co. Incorporated (the "Tender") and the Bonds, (iii) to issue, sell, execute and deliver the Bonds to the Underwriters as provided herein and (iv) to carry out and consummate all actions required to be taken by it in connection with the transactions contemplated by the aforesaid 2 documents. (b) The Issuer has duly authorized (i) the execution and delivery of, and the due performance by the Issuer of its obligations under, this Agreement, the Resolution, the Escrow Agreement, the Tender and the Bonds and (ii) the taking of any and all actions as may be required on the part of the Issuer to carry out, give effect to and consummate the transactions contemplated by such documents. (c) The Resolution has been duly enacted and adopted by the Issuer, have not been amended, modified, supplemented or repealed, except as provided therein, and are in full force and effect. This Agreement has been duly authorized, executed and delivered by the Issuer. This Agreement is, and the Escrow Agreement, Tender and Bonds will be, when duly executed and delivered by the Issuer, legal, valid and binding obligations of the Issuer enforceable in accordance with their respective terms, except that the binding effect and enforceability thereof are subject to applicable bankrnptcy, insolvency, reorganization, moratorium and similar laws in effect from time to time affecting the rights of creditors generally and except to the extent that the enforceability thereof may be limited by application of general principles of equity. At or prior to the Closing Date, the Bonds shall be duly executed and delivered by the Issuer. (d) Upon advice of counsel and to the best of the Issuer's knowledge, (i) the enactment of the Resolntion, the authorization, execution and delivery by the Issuer of this Agreement, the Escrow Agreement, the Tender and the Bonds, and compliance with the provisions of each of such instrnments will not conflict with or result in a violation of the Constitution of the State of Michigan or the laws of the State of Michigan (including Act 197 or any debt limitations or other restrictions or conditions on the debt-issuing power of the Issuer) and (ii) the adoption of the Resolution, the auth01ization, execution and delivery by the Issuer of this Agreement, the Escrow Agreement, the Tender and the Bonds, and compliance with the provisions of each of such instrnments will not conflict with or constitute a breach of, or default under, any indenture, commitment, agreement or other instrnment to which the Issuer is a party or by which it is bound or under any constitutional or statutory provisions, or rnle, regulation, resolution, judgment, order or decree to which the Issuer or any of its property is subject. The Issuer has not received any written notice, not subsequently withdrawn, given in accordance with the remedy provisions of any bond resolution, trust indenture or agreement or state law pertaining to bonds or notes, of any default or event of default which has not been cured, remedied or waived. (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity, or before or by any judicial or administrative court, public board or body, pending or threatened against the Issuer (nor, to the best of the Issuer's knowledge, is there any basis therefor), in any way (i) contesting or affecting the existence of the Issuer or title of any official of the Issuer to such person's office, (ii) seeking to restrain or enjoin the issuance, sale or delivery of the Bonds, the levy and collection of rates and charges anticipated to be collected and paid to the Issuer and used to pay the principal of, premium, if any, and interest on the Bonds or the payment of the moneys, property, or revenues pledged or to be pledged for the payment of principal of, premium, if any, or interest on the Bonds, (iii) contesting or affecting the validity or enforceability of this Agreement, the Escrow Agreement, the Tender, the Resolution or the Bonds, or (iv) contesting the completeness or accuracy of the Official Statement or the powers or authority of the Issuer to engage in the transactions contemplated by this Agreement, the Escrow 3 Agreement, the Tender, the Resolution or the Bonds, or (v) questioning the exemption of interest on the Bonds from taxation as described under "Tax Matters" in the Official Statement. (f) Upon the advice of counsel and to the best of the Issuer's knowledge, there is no election or referendum of or by any person, organization or public body pending, proposed or concluded (nor, to the best of the Issuer's knowledge, is there any basis therefor) and there are no provisions of law of the State of Michigan which would allow, as of the date hereof or any date subsequent hereto, such election or referendum, the results of which could in any way adversely affect the transactions contemplated by this Agreement, the Escrow Agreement, the Tender, the Resolution, or the Bonds or the validity or enforceability of such instruments. (g) Upon the advice of counsel and to the best of the Issuer's knowledge, except as may be required under the securities laws of any state, there is no consent, approval, authorization or other order of, or any filing with, registration with, or ce1tification by, any governmental or regulatory authority having jurisdiction over the Issuer or required for the issuance of the Bonds other than such as has already been provided or obtained (including the approval of the Department of Treasury, State of Michigan). (h) Any certificates or other instrument signed by the Mayor, City Clerk, City Manager, or Finance Director of the Issuer or by a duly appointed and acting deputy of any of said officials on his or her behalf, and delivered to the Unde1writers shall be deemed a representation by the Issuer to the Underwriters as to the truth of the statements made therein. (i) On or prior to the Closing Date, the Issuer shall have taken all actions necessary to be taken by it for: (i) the issuance, sale, execution and delivery of the Bonds upon the terms set fmth herein and in Resolution, (ii) the execution and delivery by the Issuer of this Agreement, the Escrow Agreement, the Tender and all such other instruments and the taking of all actions on the part of the Issuer as may be necessary or appropriate for the effectuation and consummation of the transactions on the pmt of the Issuer contemplated thereby, and (iii) the execution and delivery of the Issuer of such instruments and the taking of all actions on the part of the Issuer as may be necessary or appropriate for the effectuation and consummation of the transactions on the part of the Issuer contemplated thereby. Between the date of this Agreement and the Closing Date the Issuer will take no action which will cause any representation contained in this Agreement to be untrue as of the Closing Date. G) The Issuer will furnish such infonnation, execute such instruments and take such other action in cooperation with the Underwriters as the Underwriters may deem necessary in order to qualify the Bonds for offer and sale under the "blue sky" or securities laws and regulations of such states and other jurisdictions of the United States as the Underwriters may designate; provided, however, that the Issuer will not be required to consent to service of process in any state or jurisdiction outside the State of Michigan. (k) The Issuer will not take or omit to take any action, which action or omission will in any way adversely affect the exemption from taxation of the interest on the Bonds as described under "Tax Matters" in the Official Statement or result in the proceeds from the sale of the Bonds being applied in a manner other than as provided in the Ordinance and Resolution. (1) No default by the Issuer has occurred in the payment of the principal of or 4 premium, if any, or interest on any bond, note or other evidence of indebtedness issued by the Issuer. No bankruptcy, insolvency or other similar proceedings pe1iaining to the Issuer are pending or, to the best of the knowledge of the Issuer, contemplated. (m) The Preliminary Official Statement (other than the information relating to the Book-Entry-Only System supplied by DTC and the information under the section captioned "Underwriting" provided by the Underwriters, as to which no representation is made), as of its date, did not include any untrue statement of a material fact or omit to state any material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, and the Official Statement, including any amendments or supplements thereto (other than the information relating to the Book-Entry-Only System supplied by DTC and the information under the section captioned "Underwriting" provided by the Underwriters, as to which no representation is made), will not, as of the date thereof, as of the Closing Date or as of the date of any such amendment or supplement, include any untrue statement of a material fact or omit to state any material fact necessary to make the statements made therein, in light of the circumstances under which they are or were made, not misleading. (n) The Issuer will not amend or supplement the Official Statement without the consent of the Underwriters. The parties hereto will advise each other promptly of the institution of any proceedings by any governmental agency or any other material occunence affecting the use of the Official Statement in connection with the offer and sale of the Bonds. (o) If at any time, during the period from the date hereof to the date of delivery of the Bonds, any event occurs as a result of which the Official Statement, as then amended or supplemented, would include an untrue statement of a material fact or omit to state any material fact necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, the parties hereto will cooperate with each other in the prompt preparation of an amendment or supplement which will correct such statement or omission, and the costs of any such amendment or supplement shall be borne by the Issuer. (p) The financial statements of the Issuer included in the Official Statement present the financial position of the Issuer at December 31, 2000 and the results of its operations and the changes in its financial position for the year then ended. For the period January 1, 2001 to the date hereof, there has been no material adverse change in the financial condition of the Issuer. (q) The Issuer will send one copy of its audited financial statements annually to the Unde1writers upon request therefor as soon as the audited financial statements become available. (r) The Issuer will provide the Underwriters with infonnation pertaining to the Issuer concerning developments that affect the accuracy and completeness of key representations contained in the Official Statement until the earlier of (a) 90 days from the end of the underwriting period, as defined below, or (b) the time when the Official Statement is available to any person from a nationally recognized municipal securities information repository, but in no case less than 25 days following the end of the underwriting period, as defined below. The Issuer further agrees that it will cooperate with the Underwriters in amending the Official Statement if any of such information, in the judgment of the Underwriters, requires that the Official Statement to be amended in fulfillment of the Underwriters' responsibilities pursuant to Rule 15c2-12 of the Securities and Exchange Commission. The "end of the underwriting 5 period" as referred to in the preceding sentence shall be the later of the delivery of the Bonds by the Issuer to the Underwriters or when the Underwriters no longer retain (directly or as a syndicate member) an unsold balance of the Bonds for sale to the public, and shall be deemed to be _ _ _ _ _ _ _, 2001, unless the Underwriters notify the Issuer in writing prior to such date that there exists an unsold balance of the Bonds, in which case the end of the unde1writing period shall be deemed to be extended for 30 days from the date of such notice, subject to extension for additional petiods of 30 days each upon receipt of prior written notice from the Underwriters that there exists an unsold balance of the Bonds. The Underwriters agree to file the Official Statement with a nationally recognized municipal securities information repository on or before the Closing Date and to file the Official Statement with the MSRB or its designee as provided in Rule G-36 of the MSRB. It is further understood and agreed that the members of the Issuer, the agents, attorneys, or employees of the Issuer, their respective heirs, personal representatives or successors shall not be generally or personally liable in connection with any matter, cause or thing pertaining to the Bonds or the issuance thereof, this Agreement, or any instruments and documents executed and delivered by the Issuer in connection with issuance of the Bonds. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any member, officer, attorney, agent or employee of the Issuer in an individual capacity. No recourse shall be had for the payment of the principal of, premium, if any, or interest on, the Bonds, or for any claim based hereon or on any instruments and documents executed and delivered by the Issuer in connection with the Bonds, against any officer, member, agent, attorney or employee, past, present or future, of the Issuer or any successor body, or their respective heirs, personal representatives, successors as such, either directly or through the Issuer or any successor body, whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty, or othe1wise, all of such liability being hereby released as a condition of and as a consideration for the execution and delivery of this Agreement. 3. Conditions of Underwriters' Obligations. The obligations of the Underwriters hereunder with respect to the Bonds shall be subject to (a) the compliance with and performance by the Issuer of its obligations and agreements to be complied with and performed hereunder and under the Ordinance on or prior to the Closing Date, (b) the truth, accuracy and completeness as of the date hereof of the representations and covenants of the Issuer contained herein; and (c) the ttuth, accuracy and completeness on the Closing Date of the representations and covenants of the Issuer contained herein. The obligations of the Underwriters hereunder with respect to the Bonds are also subject to the following further conditions: (a) This Agreement, the Escrow Agreement, the Tender and the Bonds shall have been duly authorized and executed by the Issuer; the Resolution shall have been duly enacted and adopted, authorized and executed by the Issuer; the Resolution shall be in full force and effect and shall not have been amended, modified or supplemented; all necessary actions of the Issuer relating to the foregoing shall be in full force and effect without rescission or modification; and there shall have been taken in connection with the issuance of the Bonds and with the transactions contemplated hereby and thereby all such actions as, in the opinion of Bond Counsel, are necessary and appropriate. (b) On or ptior to the Closing Date, the Underwriters shall have received: 6 (i) Opinions, dated the Closing Date, of Miller, Canfield, Paddock and Stone, P.L.C., as Bond Counsel, substantially in the form attached as Appendix D to the Official Statement and a supplemental opinion substantially in the fonn attached hereto as Exhibit B. (ii) A certificate, dated the Closing Date, signed by the Mayor, City Clerk, City Manager or Finance Director of the Issuer, or any of the foregoing, in form and substance satisfactory to the Unde1writers, to the effect that (A) each of the representations of the Issuer set forth in this Agreement is true, accurate and complete on the Closing Date as if made on and as of the Closing Date, and (B) each of the covenants of the Issuer to be complied with and each of the obligations of the Issuer to be performed under this Agreement, the Escrow Agreement, the Tender, the Resolution and the Continuing Disclosure Agreement of the Issuer pursuant to the Rule (the "Continuing Disclosure Agreement") on or prior to the Closing Date have been complied with and performed. (iii) Such additional certificates (including but not limited to appropriate non- arbitrage certificates), instruments or other documents as the Underwriters may reasonably request to evidence (a) the truth, accuracy and completeness, as of the Closing Date, of the representations of the Issuer at such time, and (b) the performance of all agreements then to be performed and all conditions then to be satisfied by the Issuer in connection with this Agreement, the Escrow Agreement, the Tender, the Resolution and the Bonds. (iv) The Resolution each ce1tified by the Secretary of the Issuer as having been duly adopted. (v) A counterpart original of a transcript of all proceedings relating to the authorization and issuance of the Bonds. (vi) The Official Statement, executed on behalf of the Issuer by an authorized official. (vii) An Order of Approval and related waivers effective on the date hereof and on the Closing Date of the Department of Treasury, State of Michigan, pursuant to which the Bonds may be issued and delivered. (viii) Confirmation that the Issuer has received underlying ratings no lower than "BBB-" from Standard & Poor's Rating Services. (viii) An executed copy of the Escrow Agreement. (ix) The verification rep011 of Causey, Demgen & Moore, Denver, Colorado (the "Verification Agent"), with respect to the adequacy of the escrow for the Refunded Bonds and the yields on the Bonds and the Prior Bonds and the securities held in the escrow for the Refunded Bonds. (x) An executed copy of the Continuing Disclosure Agreement of the Issuer. 7 (xi) A letter from the Issuer's auditors consenting to the inclusion of the auditors' letter with the audited financial statements of the Issuer included as an appendix to the Official Statement. (xii) Such additional certificates as the Underwriters may reasonably request to evidence perfo1mance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates to be satisfactory in form and substance to the Underwriters. If any of the conditions specified in this Section shall not have been fulfilled when and as required by this Agreement, or if any of the opinions, instrnments, documents, proceedings or certificates mentioned above or elsewhere in this Agreement shall not be in all material respects reasonably satisfactory in fonn and substance to the Underwriters, this Agreement and all obligations of the Underwriters hereunder may be canceled by the Underwriters, or at any time prior to, the Closing Date. Notice of such cancellation shall be given to the Issuer in writing, or by telex confomed in writing. 4. Conditions of the Issuer's Obligations. The Issuer's obligations to sell and deliver the Bonds shall be subject to the following conditions on or before the Closing Date: (a) The Issuer shall have received the opinions described in Section 3(b )(i) hereof. (b) The Unde1writers shall have tendered the purchase price set forth in Section I hereof. (c) The Issuer shall have received such additional certificates as the Issuer may reasonably request, including a certificate as to the "original issue price." 5. Te1mination. This Agreement may be terminated by the Underwriters and the Issuer shall not be obligated to sell and deliver, and the Underwriters shall not be obligated to purchase and pay for, the Bonds on the Closing Date if the Underwriters shall deliver to the Issuer a certificate to the effect that in its reasonable judgment any of the following events has occurred after the date hereof and on or prior to the Closing Date: (a) The marketability of the Bonds or the contemplated offering price thereof, in the opinion of the Unde1writers, have been materially adversely affected by an amendment to the Constitution of either the United States of America or the State of Michigan, or by any Federal or Michigan legislation, proposed, pending or effective, or by any decision of any Federal or Michigan court or by any announcement, order, rnling or regulation (final, temporary or proposed) of the Treasury Department of the United States of America, the Internal Revenue Service or other Federal or Michigan authority or regulatory body, affecting the status of the Issuer, its property, income or securities (including the Bonds), or any tax exemption with respect to the Issuer's securities (including the Bonds), or the interest thereon granted or authorized by the Internal Revenue Code of 1986, as amended. (b) A stop order, ruling, regulation or official statement by, or on behalf of, any governmental agency having jurisdiction shall have been issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds as contemplated hereby, is in violation or would be in violation of 8 any provisions of Federal or Michigan secmities laws. (c) Legislation shall have been enacted by the Congress of the United States of America, or a decision by a court of the United States of America shall have been rendered, to the effect that obligations of the general character of the Bonds are not exempt from registration or qualification under, or other similar requirements of, the Federal securities laws. (d) An order, ruling, regulation, official statement or decision by any governmental agency or comi having jurisdiction shall have been issued or made which calls into question the legality, validity or enforceability of the issuance of the Bonds. (e) Additional material restrictions not in force as of the date hereof shall have been imposed upon the trading in securities generally by any governmental authority or by any national securities exchange. (f) Any of the following events shall have occurred: (A) the engagement by the United States of America in hostilities which have resulted in a declaration of war or national emergency, or the occurrence of any other outbreak of hostilities or national or international calamity or crisis, financial or othe1wise, the effect of such outbreak, calamity or crisis on the financial markets of the United States of An1erica being such as, in the opinion of the Underwriters, would adversely affect the ability of the Unde1writers to market the Bonds at the intended offering prices (it being agreed by the Underwriters that there is no outbreak, calamity or crisis of such a character as of the date hereof); (B) a general suspension of trading on the New Yark Stock Exchange or the American Stock Exchange or other national securities exchange; (C) the establishment of limited or minimum prices on such Exchanges; (D) the declaration of a banking moratmium either by Federal, New Yark State, Wisconsin, Illinois or Michigan authorities; or (E) the New Yark Stock Exchange or other national secmities exchange, or any goverrnnental authority, shall impose, as to the Bonds or similar obligations, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, any of the Underwriters; or (vi) an event which, in the reasonable opinion of the Unde1writers, requires an amendment or supplement to the Official Statement and, in the reasonable opinion of the Underwriters, adversely affects the marketability of the Bonds or the contemplated offering price thereof. 6. Costs and Expenses. (a) Except as set forth herein, the Underwriters shall be under no obligation to pay, and the Issuer shall pay, all expenses incident to the performance of the Issuer's obligations hereunder, including but not limited to (i) fees and disbursements of Bond Counsel, the fees and disbursements of the financial advisor, the fees and disbursements of the Escrow Agent and the fees and disbursements of the Paying Agent in connection with the issuance of the Bonds; (ii) the costs of printing and distributing the Bonds, the Preliminary Official Statement and the Official Statement, and (iii) the cost of obtaining a rating on the Bonds. (b) The Underwriters shall pay: (i) all advertising expenses in connection with the public offering of the Bonds; (ii) the fees and disbursements of counsel to the Underwriters; and (iii) all other expenses incurred by them in connection with their public offering and distribution of the Bonds. 7. Indemnification. (a) To the extent pennitted by law, the Issuer agrees to indemnify and 9 hold harmless the Underwriters and each person, if any, who controls the Underwriters (within the meaning of Section 15 of the Securities Act of 1933) against any and all losses, claims, damages, liabilities and expenses (including reasonable costs of investigation) caused by any untrue statement or alleged untrue statement of a material fact made by the Issuer and contained in the Official Statement, or in any amendment or supplement thereto made by the Issuer, caused by any omission or alleged omission to state therein a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Underwriters agree to indemnify and hold harmless the Issuer to the same effect as the foregoing indemnity from the Issuer to the Underwriters, but only with respect to information furnished by or on behalf of the Underwriters expressly for use in connection with the Preliminary Official Statement or the Official Statement, and appearing therein under the heading "Underwriting." (c) The indemnity agreements contained in this Paragraph 7 and the representations and wmrnnties of the Issuer set forth in this Agreement shall remain operative and in full force and effect after the Closing Date, regardless of any investigation made by or on behalf of the Underwriters or any person so controlling the Underwriters or by or on behalf of the Issuer. A successor of any of the Underwriters or of the Issuer shall be entitled to the benefits of the indemnity agreements contained in this Paragraph 7. In case any action or claim shall be brought against the Issuer based upon the Preliminary Official Statement or the Official Statement, and in respect of which indemnity may be sought from the Underwriters, the Underwriters shall have the rights and duties given to the Issuer and the Issuer shall have the rights and duties given to the Underwriters, by subparagraph (a) of this Paragraph 7. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, including, without limitation, those laws applicable to contracts made and to be performed in that State. 9. Survival of Representations and Covenants. All representations and covenants of the Issuer and agreements of the Underwriters set fo1th in this Agreement shall remain in full force and effect regardless of any investigation, or statement as to the results thereof, made by or on behalf of any purchaser of the Bonds or any person controlling any such purchaser, and shall survive delivery of and payment for the Bonds. 10. Execution in Counterparts. This Agreement may be executed and accepted in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any of the parties hereto may execute or accept this Agreement by signing any such counterpart. 11. Notices and Other Actions. All notices, requests, demands and fonnal actions hereunder shall be in writing mailed, telegraphed or delivered to the following addresses: The Issuer: City of Muskegon 933 Terrace Street Muskegon,MI 49443 Attention: Finance Director 10 The Underwriters: First of Michigan Division of Fahnestock & Co. Inc. 300 River Place, Suite 4000 Detroit, Michigan 48207-5056 Attn: Public Finance Department 12. Parties in Interest. This Agreement is made solely for the benefit of the Underwriters, persons controlling the Underwriters, the Issuer, and their respective successors and assigns, and no other person, partnership, association or corporation shall acquire or have any right under or by virtue of this Agreement. The terms "successors" and "assigns" shall not include any purchaser of Bonds from or through any Underwriters merely because of such purchase. 11 If the foregoing is in accordance with your understanding of the agreement by and between the Issuer and the Underwriters, kindly sign and return to First of Michigan one of the enclosed copies hereof, whereupon it will constitute a binding agreement between the Issuer and the Underwriters in accordance with its terms. Very truly yours, FIRST OF MICHIGAN DIVISION OF FAHNESTOCK & CO. INC. By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Its- - - - - - - - - - - - - - - - - - - - - Accepted as of the date first above written: CITY OF MUSKEGON u_j ~ w z 0 " w a By z < " 0 0 Its a 0 l 'i ~ ~ z < 0 n' w :J ~ 12 EXHIBIT A Principal Amount: Purchase Price: $_ _ _ _ _(i.e., principal amount of the Bonds of $_ _ _ _ __ less original issue discount of$____ , less Underwriters' discount of $_ _~ Date oflssue: , 2001 Interest Payment Dates: December 1, 2002 and semiannually thereafter Maturity Schedule, Interest Rates and Issue Price{s): June 1 Principal Price/Yield Year Redemption Provisions: Exhibit A-1 EXHIBIT B [Supplemental Opinion of Bond Counsel] Exhibit B-1 DELIB:2245594. l \063684-00024 Exhibit C-2 ESCROW AGREEMENT CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN 2001 DOWNTOWN DEVELOPMENT REFUNDING REFUNDING BONDS (GENERAL OBLIGATION LIMITED TAX) THIS ESCROW AGREEMENT (the "Agreement") dated as of the _ day of ----- , 2001, made between the City of Muskegon, County of Muskegon, State of Michigan (the "Issuer") and Fifth Third Bank, Michigan, Grand Rapids, Michigan (the "Escrow Agent"). W I TN E S S E T H: WHEREAS, there are presently outstanding $3,600,000 in principal amount of the Downtown Development Authority of the City of Muskegon (the "Authority") 1989 Downtown Development Limited Obligation Tax Increment Bonds, Series A-1 (the "Series A Bonds") and $1,685,000 of the Authority's 1989 Downtown Development Limited Obligation Tax Increment Bonds, Series D-1 (the "Series D Bonds") each series dated as of August 30, 1990 (together the "Refunded Bonds"); and WHEREAS, the Refunded Bonds mature serially in such years, are subject to optional redemption, bear interest at such rates and are payable as to interest at the times and in the amounts set fmih in Exhibit A attached hereto and made a part hereof; and WHEREAS, the Issuer proposes to purchase $900,000 of the Series A Bonds from the holder thereof on or prior to the effective date of this Agreement; and WHEREAS, the Issuer now desires to refund the entire principal amount of the Refunded Bonds now outstanding (after giving effect to the purchase of the Series A Bonds described in the foregoing paragraph); and WHEREAS, the Issuer has adopted a resolution authorizing the issuance of its 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) (the "Refunding Bonds") for the purpose of providing amounts sufficient to provide for the payment of the principal of, interest on and redemption premiums on the Refunded Bonds on the dates and in the amounts shown on Exhibit B attached hereto; and WHEREAS, the Issuer desires to provide for the deposit of pati of the proceeds of its Refunding Bonds with the Escrow Agent to provide for the payment of the interest on the Refunded Bonds to December 1, 2001, and for the call for redemption on December 1, 2001 of the p1incipal amount of the Refunded Bonds; and WHEREAS, the Issuer desires to enter into this escrow agreement with the Escrow Agent to provide for the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions herein set forth; and WHEREAS, the Issuer desires that, concun-ently with the delivery of the Refunding Bonds to the purchasers thereof, a portion of the proceeds of the Refunding Bonds shall be applied to purchase certain direct obligations of or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, or other obligations the principal of and interest on which are fully secured by the foregoing for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance in the Escrow Fund; and WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable at such times and in such amounts so as to provide moneys which, together with cash balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded Bonds as it accmes and becomes payable, the principal of the Refunded Bonds upon redemption and the redemption premiums payable upon the call of the Refunded Bonds; and WHEREAS, by resolution of the Issuer approved on July 10, 2001 the City Commission of the Issuer duly authorized the negotiation and execution of this Agreement, certified copies of such resolution have been filed with the Escrow Agent. NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are aclmowledged, and to secure the full and timely payment of the principal of, the interest on and the redemption premiums on the Refunded Bonds, the Issuer and the Escrow Agent mutually undertake, promise, and agree for themselves and their respective representatives and successors, as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement: "Code" means the Internal Revenue Code of 1986, as amended, and the mies and regulations thereunder. -2- "Escrow Agent" means Fifth Third Bank, Michigan, Grand Rapids, Michigan and its successors as Escrow Agent under this Agreement. "Escrow Fund" means the City of Muskegon 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) Escrow Fund created and described in Section 3.01 of this Agreement. "Escrowed Securities" means those securities described in Exhibit C attached to this Agreement. "Issuer" means the City of Muskegon, County of Muskegon, State of Michigan. "Refunded Bonds" means the outstanding $3,600,000 in principal amount of the Series A Bonds less the amount of said Series A Bonds repurchased by the Issuer, and the $1,685,000 in principal amount of the Series B Bonds, of the Authority being refunded pursuant to the terms of this Agreement and which are more fully described in Exhibit A. "Refunded Bonds Resolutions" means the respective resolutions duly adopted by the City Commission of the Issuer authorizing the Refunded Bonds. "Refunded Bonds Transfer Agent" means Fifth Third Bank, Michigan, Grand Rapids, Michigan. "Refunding Bonds" means the Issuer's $4,_,_ 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) dated as of___ , 2001. Section 1.02. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Section 2.01. Deposits in the Escrow Fund. The Issuer has deposited, or caused to be deposited, in the Escrow Fund the following funds and Escrowed Securities: (a) $_ _ _ as the beginning cash balance for the Escrow Fund; and -3- (b) the Escrowed Securities described m Exhibit C attached hereto against payment. ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special and irrevocable escrow fund to be !mown as the City of Muskegon 2001 Downtown Development Refunding Bonds (General Obligation Limited Tax) Escrow Fund. The Escrow Agent hereby aclmowledges that there has been deposited to the credit of such Escrow Fund the beginning cash balance and the Escrowed Securities as desctibed in Section 2.01. The Escrowed Securities and all proceeds therefrom shall be the prope1iy of the Escrow Fund, and shall be applied only in strict confonnity with the terms and conditions of this Agreement. All of the Escrowed Securities, all proceeds therefrom and all cash balances from time to time on deposit in the Escrow Fund are hereby irrevocably pledged to the payment of the principal of, interest on and redemption premiums on the Refunded Bonds, which payment shall be made by timely transfers to the Refunded Bonds Transfer Agent in such amounts and at such times as are provided for in Section 3.02 hereof. When the final transfers have been made to the Refunded Bonds Transfer Agent for the payment of the principal of, interest on and redemption premiums on the Refunded Bonds in accordance with Exhibit B, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instrncted to transfer to the Refunded Bonds Transfer Agent from the cash balances from time to time on deposit in the Escrow Fund, the amounts required to pay the principal of, interest on and redemption premiums on the Refunded Bonds in the amounts and at the times shown in Exhibit B attached hereto. Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for transfer to the Refunded Bonds Transfer Agent at the times and in the amounts required to pay the interest on the Refunded Bonds as such interest comes due, the principal of the Refunded Bonds as the Refunded Bonds are redeemed prior to their maturity and the redemption premiums on the Refunded Bonds called for redemption prior to maturity, all as more fully set forth in Exhibit B attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by the Refunded Bonds Transfer Agent to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from lawfully available funds, -4- additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Escrow Fund as Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund, as special trust funds, but need not segregate such funds and secmities except to the extent required by law; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as escrow funds for the benefit of the holders of the Refunded Bonds; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The holders of the Refunded Bonds shall be entitled to the same prefe1Ted claim and first lien upon the Escrowed Securities, the proceeds thereof and all other assets of the Escrow Fund to which they were entitled as holders of the Refunded Bonds. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except in its capacity as Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or by the Refunded Bonds Transfer Agent. Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured by a pledge of direct obligations of, or obligations unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. -5- ARTICLE IV REDEMPTION OF REFUNDED BONDS Section 4.01. Duties of Escrow Agent in Connection with Redemption of Refunded Bonds. The Escrow Agent shall take all steps required by the Refunded Bonds Resolutions (copies of which have been furnished to the Escrow Agent) to call the Refunded Bonds on December 1, 2001 The Escrow Agent is hereby authorized by the Issuer to take all action on each of their behalf, respectively, legally required to assist in effecting the call of the Refunded Bonds by the Refunded Bonds Transfer Agent on the dates described in this section. Attached hereto as Exhibits D-1 and D-2 are fmms of the respective Notices of Redemption for the Refunded Bonds to be mailed by the Escrow Agent to the Owner or Owners at the registered addresses shown on the registration books of the Refunded Bonds Transfer Agent. ARTICLEV LIMITATION ON INVESTMENTS Section 5.01. General Prohibition. Moneys in the Escrow Fund and the proceeds of the Escrowed Securities, shall not be invested or reinvested except as provided in this Article V. Section 5.02. Investment or Reinvestment of Moneys. At the written direction of the Issuer, the Escrow Agent shall invest or reinvest the moneys held in the Escrow Fund provided that the Issuer delivers to the Escrow Agent the following: (a) an opinion by an independent certified public accountant that after such investment or reinvestment, the principal amount of the securities in the Escrow Fund together with the interest thereon and other available moneys will be sufficient to pay, as the same become due in accordance with Exhibit B, the principal of, interest on and redemption premiums on the Refunded Bonds which have not been paid previously; and (b) an opinion of nationally recognized municipal bond counsel, which may be rendered in reliance upon an opinion by an independent certified public accountant with respect to the yield of the Refunding Bonds and the yield of the securities in the Escrow Fund, to the effect that (1) such investment will not cause the Refunding Bonds or the Refunded Bonds to be "arbitrage bonds" within the meaning of the Code and the regulations thereunder in effect on the date of such investment, or othe1wise make the interest on the Refunding Bonds or the Refunded Bonds subject to Federal income taxation, and (2) such investment or reinvestment complies with the Constitution and laws of the State of Michigan and with all relevant -6- documents relating to the issuance of the Refunding Bonds and Refunded Bonds. Section 5.03. Transfer of Excess Amounts. If at any time through redemption or cancellation of the Refunded Bonds or through deposit of additional moneys or noncallable direct obligations of the United States of America or by reason of an investment or reinvestment pursuant to Section 5.02 of this Agreement, or for any other reason there exists or will exist excesses of cash or interest on or maturing principal of the securities in the Escrow Fund hereunder for the Refunded Bonds, the Escrow Agent may transfer such excess amounts to or on the order of the Issuer provided that the Issuer delivers to the Escrow Agent the following: (a) an opinion by an independent certified public accountant that after the transfer of such excess the principal amount of securities in the Escrow Fund, together with the interest thereon and other available moneys, will be sufficient to pay, as the same become due in accordance with Exhibit B, the principal of, interest on and redemption premiums on the Refunded Bonds which have not been paid previously; and (b) an opinion of nationally recognized municipal bond counsel, which may be rendered in reliance upon an opinion by an independent certified public accountant with respect to the yield of the Refunding Bonds and the yield of the securities in the Escrow Fund, to the effect that (1) such transfer will not cause the Refunding Bonds or the Refunded Bonds to be "arbitrage bonds" within the meaning of the Code and the regulations thereunder in effect on the date of such transfer, or otherwise make the interest on the Refunding Bonds or the Refunded Bonds subject to Federal income taxation, and (2) such transfer complies with the Constitution and laws of the State of Michigan and with all relevant documents relating to the issuance of the Refunded Bonds and the Refunding Bonds. Section 5.04. Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause the Refunded Bonds or the Refunding Bonds to be "arbitrage bonds" within the meaning of the Code and the regulations thereunder. -7- ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Secmities deposited in the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the Issuer and the holders of the Refunded Bonds. Section 6.02. Reports. For the period beginning on the date hereof and ending on December 31, 2001, and for each twelve (12) month pe1iod thereafter, if any, while this Agreement remains in effect, the Escrow Agent shall prepare and send to the Issuer within thirty (30) days following the end of such period a w1itten report summarizing all transactions relating to the Escrow Fund during such period, including, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund to the Refunded Bonds Transfer Agent for payments on the Refunded Bonds or otherwise, together with a detailed statement of all Escrowed Secmities, and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE VII CONCERNING THE ESCROW AGENT Section 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein and that it will carry out all of its obligations hereunder. Section 7 .02. Limitation on Liability. The liability of the Escrow Agent to transfer funds to the Refunded Bonds Transfer Agent for the payment of the principal of, interest on and redemption premiums on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, the Escrow Agent shall not have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the Resolutions and is not responsible for nor bound -8- by any of the provisions thereof. In its capacity as Escrow Agent it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any enor of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its gross negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the Issuer with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement and to take all necessary action to effect the call of the Refunded Bonds for redemption as provided in Article IV of this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occunence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occmTence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the Issuer at any time. Section 7.03. Compensation. The Issuer has caused to be paid to the Escrow Agent, as a fee for performing the services hereunder and for all expenses incuned or to be incurred by the Escrow Agent in the administration of this Agreement, the sum of ___________ Dollars ($_ _~, the receipt and sufficiency of which are hereby acknowledged by the Escrow Agent. In the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services, and the Escrow -9- Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent or in any other capacity, or for reimbursement for any of its expenses. Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation of law or otherwise, to act as Escrow Agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate resolutions, shall promptly appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed by the holders of a majority in principal amount of the Refunded Bonds then outstanding by an instrument or instruments in writing filed with the Issuer, signed by such holders or by their duly authorized attorneys-in-fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy shall have occuned, the holder of any Refunded Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation or association organized and doing business under the laws of the United States or the State of Michigan, authorized under such laws to exercise corporate trust powers, having its principal office and place of business in the State of Michigan, having a combined capital and surplus of at least $50,000,000 and subject to the supervision or examination by federal or state authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrnment accepting such appointment hereunder, and the Escrow Agent shall immediately execute and deliver an instrument transfemng to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and ttusts of the Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such tights, powers and duties. The Escrow Agent shall pay over to its successor Escrow Agent a proportional part of the Escrow Agent's fee hereunder. -10- ARTICLE VIII MISCELLANEOUS Section 8.01. Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed as follows: To the Issuer: City of Muskegon 933 Terrace Street Muskegon, Michigan 49443 Attn: City Finance Director To the Escrow Agent: Fifth Third Bank, Michigan Corporate Trust Department 4420 44 th Street, Suite A Kentwood, Michigan 49512 The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other pmiy not less than ten (10) days prior notice thereof. Section 8.02. Termination of Responsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the Issuer, the holders of the Refunded Bonds or any other person or persons in connection with this Agreement. Section 8.03. Binding Agreement. This Agreement shall be binding upon the Issuer and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the holders of the Refunded Bonds, the Issuer, the Escrow Agent and their respective successors and legal representatives. Section 8.04. 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 provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 8.05. Michigan Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Michigan. -11- Section 8.06. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. Section 8.07. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 8.08. This Agreement shall not be terminated nor amended in any manner that would adversely affect the rights of the holders of the Refunded Bonds. -12- Executed as of the date first written above. CITY OF MUSKEGON By:----------------- Timothy Paul Its Finance Director FIFTH THIRD BANK, MICHIGAN as Escrow Agent By: - - - - - - - - - - - - - - - - - Its: -13- EXHIBIT A DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MUSKEGON 1989 DOWNTOWN DEVELOPMENT LIMITED TAX INCREMENT INCREMENT BONDS Dated August 1, 1990 PRINCIPAL MATURITY PRINCIPAL INTEREST DUE SEPTEMBER 1 AMOUNT RATE 2018 $2,700,000 9.75% The Bonds maturing in the years 2002 to 2008, inclusive, are subject to redemption on December 1, 2001 at par plus accrued interest plus a premium of 1% of the principal amount redeemed. A-1 DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MUSKEGON DOWNTOWN DEVELOPMENT LIMITED OBLIGATION TAX INCREMENT BONDS Dated August 30, 1989 PRINCIPAL MATURITY PRINCIPAL AMOUNT INTEREST DUE JUNE 1 RATE 2010 1,685,000 8.45 The Bonds are subject to redemption on December 1, 2001 at par plus accrued interest plus a premium of 2% of the principal amount redeemed. A-2 EXHIBIT B ESCROW FUND REQUIREMENTS FOR THE BONDS DEBT SERVICE REQUIREMENTS B-1 EXHIBIT C C-1 EXHIBITD NOTICE OF REDEMPTION FOR THE SERIES A BONDS NOTICE IS HEREBY GIVEN that the City of Muskegon in behalf of the Downtown Development Authority of the City of Muskegon, County of Muskegon, Michigan, hereby calls for redemption on December 1, 2001, the Authority's 1989 Downtown Development Limited Obligation Tax Increment Bonds, dated August 30, 1990, maturing June 10, 2018 and aggregating the plincipal sum of Two Million Seven Hundred Thousand Dollars ($2,700,000), maturing as follows and with the CUSIP numbers shown as follows: PRINCIPAL DUE PRINCIPAL INTEREST CUSIP JUNE 1 AMOUNT RATE NUMBER 2018 $2,700,000 9.75% Said bonds are called for redemption at par and accrned interest plus a premium of 1% of the principal amount redeemed. Said bonds should be smrendered for redemption at the principal corporate trnst office of Fifth Third Bank, Michigan, Grand Rapids, Michigan for payment on December 1, 2001, after which date all interest on said bonds shall cease to accrue, whether said bonds are presented for payment or not. Bonds may be surrendered for payment as indicated below. The method of delivery is at the option of the holder, but ifby mail, registered mail is suggested. CITY OF MUSKEGON By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Its: City Clerk D-1 NOTICE OF REDEMPTION FOR THE SERIES D BONDS NOTICE IS HEREBY GIVEN that the City of Muskegon in behalf of the Downtown Development Authority of the City of Muskegon, County of Muskegon, Michigan, hereby calls for redemption on December 1, 2001, the Authority's 1989 Downtown Development Limited Obligation Tax Increment Bonds, dated August 30, 1990, maturing in the year 2010, and aggregating the principal sum of One Million Six Hundred Eighty Five Thousand Dollars ($1,685,000), maturing as follows and with the CUSIP numbers shown as follows: PRINCIPAL DUE PRINCIPAL INTEREST CUSIP JUNE 1 AMOUNT RATE NUMBER 2010 $1,685,000 8.45 Said bonds are called for redemption at par and accrned interest plus a premium of 2% of the principal amount redeemed. Said bonds should be surrendered for redemption at the principal corporate trnst office of Fifth Third Bank, Michigan, Grand Rapids, Michigan for payment on December 1, 2001, after which date all interest on said bonds shall cease to accrue, whether said bonds are presented for payment or not. Bonds may be smTendered for payment as indicated below. The method of delivery is at the option of the holder, but if by mail, registered mail is suggested. CITY OF MUSKEGON By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Its: City Clerk DE LIB :2245621.1 \063684-00024 D-2 MEMORANDUM To: Mayor Nielsen and City Commissioners From: Assistant City Manager Date: July 18,2001 Re: Accept the Resignation of Vice Mayor Scott Sieradzki from the City Commission SUMMARY OF REQUEST To accept the resignation of Vice Mayor Scott Sieradzki from the City Commission. On Friday, June 13, at I :00 p.m., Vice Mayor Sieradzki held a Press Conference to announce his resignation from the Muskegon City Commission, the Mayoral Race, and all other City Commission appointed Boards, Commissions and Committees. A copy of the Press Release was provided to the City Clerk's Office and entered as official notification of his resignation. FINANCIAL IMP ACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Per the advice of the City Attorney, Tom Johnson, it is recommended that the Commission accept Vice Mayor Sieradzki's resignation. MEMORANDUM TO: Mayor Nielsen and City Commissioners FROM: Assistant City Manager DATE: July 18, 2001 RE: Approve Process for Appointment to the Vacant Seat on the City Commission SUMMARY OF REQUEST To request approval of the process for appointment to the vacant seat on the City Commission. The proposed process is consistent with the one approved and implemented by the City Commission when there was a vacancy on the City Commission in 1997. FINANCIAL IMPACT None. BUDGET ACTION REQUIRED None STAFF RECOMMENDATION Per consultation with the City Attorney, Tom Johnson, and in keeping with past practice, staff recommends approval of the proposed process. MEMORANDUM TO: Muskegon City Commission FROM: Assistant City Manager DATE: July 18, 200 I RE: Vote to elect a Vice-Mayor for the City Commission SUMMARY OF REQUEST Vote to elect a Vice-Mayor for the City Commission. This vacancy is as a result of the resignation of Vice Mayor Sieradzki and acceptance of that resignation by the City Commission. FINANCIAL IMP ACT None BUDGET ACTION REQUIRED None RECOMMENDATION Staff recommends that the Commission consider a vote to elect a Vice-Mayor for the City Commission. MEMORANDUM Date: July 16, 2001 To: Honorable Mayor and City Commission From: Community Relations Committee RE: Appointments to Various Committees/Boards SUMMARY OF REQUEST: To eliminate five vacant at-large positions on the Image Committee. Community Relations Committee voted on July 2, 2001 to recommend the elimination of the five positions. FINANCIAL IMPACT: BUDGET ACTION REQUIRED: STAFF RECOMMENDATION:. IMAGE COMMITTEE PURPOSE To create a positive City image and to promote the City of Muskegon using methods including, but not limited to: 1. Identifying positive changes, or recognizing the contributions of individuals, groups, and businesses within this community. 2. Promote or institute positive changes or contributions to the image of the City of Muskegon as a whole. MECHANICS ENABLING LAW: City Commission Resolution - Oath not required. APPOINTED BY: Mayor/City Commission MEETING: Third Monday of each month@ 4:00 P.M. - City Hall - 2nd Floor Conference Room TERM: 4 Years COMPOSITION DESCRIPTION 14 Residents of the City of Muskegon from throughout the City which would serve to represent a cross-section of the community B 1 City Commissioner representing the Community Relations Committee C 1 City Horticulturist (non-voling member) CURRENT MEMBERS (Staff Liaison - Ric Scott) TYPE NAME ADDRESS ZIP PHONE TERM EXP. A Marion Olejarczyk P.O. Box 1638 3 1/31/04 A Melissa Carden 1840 Kinsey 1 755-7602 1/31/04 A 1/31/02 A 1/31/02 A 1/31/04 A 1/31/04 A Norma DeYoung 511 E. Isabella 2 726-2979 1/31/05 A Joan Gawron 1978 Howden 2 726-3348 1/31/03 A Willie German, Jr. 868 Wood St. 2 728-4263 1/31/05 A Dardinella Hippchen 325 Houston 1 726-4890 1/31/05 A Martha Colburn 1861 Glen Ave. 1 755-3684 1/31/05 A Virgie Jackson 1445 Dudley Ave. 2 777-1146 1/31/03 A 1/31/03 A Donna Baker* 567 Leonard Ave. 2 722-6331 1/31/03 B Clara Shepherd 408 Monroe Ave. 1 725-8130 C 22 (* - Chairperson) - 22 - 2001-C()MREI,BOOK --------'--------- -'~ Ii Qlity nf UlllttJUtt .&tatt nf 11 ir~igan WHEREAS, the Community Relations Committee is recommending the re-establishment of an Image Committee; and, WHEREAS, the City Commission does support and endorse this concept and wishes to enlist the assistance of City residents in this effort; and, WHEREAS, the specifics of said committee are outlined on the attached, NOW,. THEREFORE, BE IT RESOLVED, that the City Commission es tab 1i shes an . Image Committee as outlined and thanks those citizens willing to serve and work for the betterment of the Community. IN WITNESS WHEREOF, we hereunto set our hands and cause the Sea 1 of the City of Muskegon to be affixed this 19th day of April, 1988.· Norman F, Kruse, Mayor Norman L. Cunningham, Commissioner 1ce-Mayor James W. Pruim, Commissioner ~- k . . -I} r,.PURPOSE To create a positive City image and to promote the City of Muskegon using methods including, but not limited to: 1. Iden ti fyi ng positive changes, or recogm zing the contributions of individuals, groups and businesses within this community. 2. Developing community achievement awards programs. 3. Exploring positive marketing strategies. 4. Exploring a change in the City Logo/City Motto. 5. Serving as liaison with County Pride Project. 6. Proposing specific promotional and fund raising projects. MECHANICS ENABLING LAW: City Commission Resolution APPOINTED BY: Mayor/City Commission MEETING: Monthly/Time to be set in January of each year TERM: 4 years /COMPOSITION / _!_YPE DESCRIPTION A 1 Holding position involving promotions, public relations or marketing B 2 City Commissioners C 2 Previously involved in Community activities D 6 Live and/or Work in the City of Muskegon CURRENT MEMBERS TYPE: NAME: ADDRESS: PHONE: TERM EXP. Kim Boone 12/31/91 Thomas Anderson 12/31/91 12/31/91 12/31/91 12/31/91 12/31/89 12/31/89 12/31/89 12/31/89 12/31/89 12/31/89 Date: July 24, 2001 To: Honorable Mayor and City Commissioners From: Finance Director RE: Second Quarter 2001 Budget Reforecast SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2001 Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated financial information, or other factors. For the next meeting, an action item will be placed on the agenda for adoption of the proposed second quarter budget reforecast together with any additional changes deemed necessary by Commissioners. FINANCIAL IMPACT: The second quarter 2001 Budget Reforecast reflects relatively minor changes to General fund revenue and expenditure estimates. We are watching the income tax numbers very closely but at this time have not adjusted the original budget figure of $7.0 million. Second quarter withholdings (due at the end of July) will give a better indication as to whether the income tax needs to be revised downward because of economic conditions. Significant changes to other funds include: • Allocation of $300,000 of LDFA pass-thru funds to the Public Improvement fund to help finance the Seaway Industrial Park project. Property acquisition costs for this project are higher than originally anticipated and it is necessary for the City to complete acquisition before federal grant funds will be released. • Inclusion of the recently approved large meter replacement program in the water and sewer funds. • Cost estimates for other several large capital projects have been adjusted due to project delays, bid differentials or other factors as shown on pages 28-30. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. 9/18/97 CITY OF MUSKEGON GENERAL FUND HISTORICAL SUMMARY Revenues & Expenditures & Fund Balance Year Transfers In Transfers Out at Year-End 1991 $ 10,389,328 $ 10,584,427 $ 1,523,740 1992 11,297,076 11,282,444 1,538,372 1993 13,990,266 13,231,208 2,297,430 1994 15,301,973 15,572,689 2,026,714 1995 16,633,179 16,337,586 2,322,307 1996 17,666,214 18,018,159 1,970,362 1997 20,437,646 20,358,321 2,049,687 1998 21,643,855 21,634,467 2,059,075 1999 21,451,681 22,011,881 1,498,875 2000 23,685,516 22,232,657 2,951,734 Fiscal 2001 Budget Summary - Second Quarter Reforecast FUND BALANCE AT START OF YEAR $ 2 951 734 MEANS OF FINANCING: Taxes 13,142,817 56% Licenses and Permits 979,300 4% Federal Grants 456,005 2% State Grants 0% State Shared Revenue 5,441,651 23% Other Charges 1,916,957 8% Interest & Rentals 525,843 2% Fines and Fees 296,200 1% Other Revenue 331,650 1% Other Financing Sources 180,000 1.% 23,270,423 100% ESTIMATED REQUIREMENTS· Customer Value Added Activities 16,605,554 71% Business Value Added Activities 3,937,276 17% Fixed Budget Items 2 701 098 12'& 23,243,928 100% ESTIMATED FUND BALANCE AT END OF YEAR $ 2 978 229 OPERATING SURPLUS (DEFICIT) $ 26,495 I City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Revenue Summary By Source % Change Original Budget Actual Thru June Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 2001 2001 Original Original Comments Available Fund Balance - BOY $ 2,059,875 $ 2,059,875 $ 2,280,546 $ 2,951,735 $ 2,951,735 $ 671,189 Taxes City income tax $ 6,425,149 $ 7,078,571 $ 7,000,000 $ 3,717,269 $ 7,000,000 $ 0% HOLD ESTIMATE FOR NOW. MONJTORCLOSELY Property taxes - general 3,601,411 3,686,780 3,967,591 3,967,591 0% Property taxes - sanitation 1,489,818 1,630,491 1,680,226 1,680,226 0% Industrial facilities taxes 353,151 362,676 405,000 405,000 0% Payments in lieu of taxes 71,608 69,148 80,000 80,000 0% Delinquent chargeback collected 19,886 3,769 10,000 6,143 10,000 0% $ 11,961,023 $ 12,831,435 $ 13,142,817 $ 3,723,412 $ 13,142,817 $ 0% Licenses and pennits Business licenses $ 25,008 $ 32,363 $ 45,000 $ 21,381 $ 37,000 $ (8,000) -18% LOWER BASED ON 2000 EXPERIENCE Liquor licenses 28,458 35,511 35,000 7,646 35,000 0% BULK IS RECEIVED IN OCTOBER Cable lV franchise fees 338,325 327,004 250,000 10 250,000 0% Housing licenses 66,147 62,965 115,000 34,510 115,000 0% 1;'-1 Burial permits 94,955 104,160 100,000 43,823 100,000 0% Building permits 285,865 368,333 250,000 107,862 250,000 0% Electrical permits 77,375 87,692 75,000 55,358 75,000 0% Plumbing permits 38,448 45,147 45,000 19,740 45,000 0% Heating permits 57,326 62,847 70,000 23,250 70,000 0% Franchise fees 1,100 2,000 1,000 (1,000) -50% Police gun registration 3,870 1,879 4,000 1,185 1,300 (2,700} -68% NEW LAW MOVES RESPONSIBILITY TO COUNTY $ 1,015,777 $ 1,129,001 $ 991,000 $ 314,765 $ _979,300 $ (11,700) -1% Federal grants Federal operational grant $ 423,208 $ 522,111 $ 456,005 $ 62,075 $ 456,005 $ 0% $ 423,208 $ 522,111 $ 456,005 $ 62,075 $ 456,005 $ 0% state grants State operational grant $ $ $ $ $ $ N/A $ $ $ $ $ $ N/A state shared revenue State sales tax $ 4,863,361 $ 5,486,712 $ 5,441,651 $ 1,688,632 $ 5,441,651 $ 0% HOLD ESTIMATE FOR NOW. MONITORCLOSELY $ 4,863,361 $ 5,486,712 $ 5,441,651 $ 1,688,632 $ 5,441,651 $ 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Revenue Summary By Source % Change Original Budget Actual Thru June Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 2001 2001 Original Original Comments Other charges for sales and services Tax administration fees $ 213,714 $ 224,399 $ 225,000 $ 26 $ 225,000 $ 0% Utility administration fees 172,998 166,032 175,215 87,608 175,215 0% Reimbursement for elections 10,459 30,568 12,000 443 12,000 0% Indirect cost reimbursement 840,034 925,008 908,242 454,128 908,242 0% Site-plan review fee 1,800 4,000 568 4,000 0% Sale of cemetery lots 12,923 24,269 15,000 10,313 15,000 0% Sale of columbarium niches 1,325 3,000 3,000 0% Sate of Harbortown dockominiums 80,500 NIA Police miscellaneous 68,663 67,711 65,000 19,194 65,000 0% Police impound fees 38,576 6,000 26,356 45,000 39,000 650% MORE ACTIVITY THAN ANTICIPATED Landlords alert 1,480 1,500 1,500 NIA Fire protection-state property 75,055 83,093 80,000 80,000 0% Zoning fees 12,305 9,325 7,500 6,845 10,000 2,500 33% MORE ACTIVITY THAN ANTICIPATED Clerk fees 604 2,586 5,000 1,227 5,000 0% I_,__, IFT application fees Treasurer fees 6,369 9,917 5,000 5,000 0% 4,374 26,934 2,500 11,133 22,000 19,500 780% MORE ACTIVITY THAN ANTICIPATED False alarm fees 17,727 16,439 10,000 815 10,000 0% BULK IS COLLECTED AT YEAR END Miscellaneous cemetery income 25,599 21,224 23,000 9,254 23,000 0% Housing commission reimbursement 16,750 23,503 NIA Senior transit program fees 8,521 8,261 8,000 3,816 8,000 0% Fire miscellaneous 9,311 25,798 40,000 1,890 40,000 0% BULK IS COLLECTED AT YEAR ENO Sanitation stickers 36,519 43,280 35,000 19,729 35,000 0% Lot cleanup fees 121,148 96,998 50,000 53,281 70,000 20,000 40% Reimbursements for mowings and demolitions 62,525 107,400 20,000 23,264 30,000 10,000 50% Recreation program fees 115,817 138,866 125,000 91,631 125,000 0% $ 1,911,915 $ 2,093,312 $ 1,824,457 $ 823,001 $ 1,916,957 $ 92,500 5% Interest and rental income Interest $ 314,639 $ 411,444 $ 325,000 $ 202,738 $ 350,000 $ 25,000 8% NO COMPENSATING BALANCES Flea market 25,418 25,269 27,000 8,756 27,000 0% Farmers market 20,905 22,040 20,000 6,042 20,000 0% City right of way rental 6,400 6,400 4,400 4,400 4,400 0% Parking ramp rentals 27,266 46,819 40,000 19,641 40,000 0% McGraft park rentals 43,270 55,518 54,443 5,740 54,443 0% Other park rentals 27,851 31,918 30,000 17,278 30,000 0% $ -- 465,749 _:j, 599,408 $ 500,843 $ 264,595 $ __ ______gS,?43 $ 25,000 5% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Revenue Summary By Source % Change Original Budget Actual Thru June Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 2001 2001 Original Original Comments Fines and fees Income tax - penalty and interest $ 45,901 $ 70,290 $ 50,000 $ 45,134 $ 50,000 $ 65,000 130% CONTINUED AGGRESSIVE ENFORCEMENT Late fees on current taxes 7,192 40,167 15,000 (36) 15,000 0% Interest on late invoices 17,519 328 1,200 352 1,200 0% Civil infraction fines {983) 3,000 {3,000) -100% Property transfer affidavit fines 6,400 5,000 4,200 5,000 0% Parking fines 82,772 41,829 65,000 51,500 75,000 10,000 15% CONTINUED AGGRESSIVE ENFORCEMENT Court fines 124,968 179,662 150,000 76,985 150,000 0% $ 277,369 $ 338,676 $ 289,200 $ 178,135 $ 296,200 $ 7,000 2% other revenue Sale of land and assets $ 2,650 $ 350 $ 3,000 $ $ 3,000 $ 0% Police sale and auction proceeds 3,991 3,214 6,000 2,206 4,000 (2,000) -33% CDBG program reimbursements 254,279 391,573 315,000 126,428 285,000 (30,000) -10% Contributions 64,165 63,343 11,000 3,215 11,000 0% Muskegon County Community Foundation 5,650 4,650 4,650 0% "- Miscellaneous reimbursements 3,000 4,000 1,000 33% SALE OF CIVIL SERV FIRE STUDY GUIDES Miscellaneous and sundry 30,786 13,095 20,000 4,615 20,000 0% $ 355,871 $ 477,225 $ 362,650 $ 136,464 $ 331,650 $ (31,000) -9% Other financing sources Operating transfers in Cemetery Perpetual Care 60,551 63,858 62,600 $ 35,216 62,600 0% Criminal Forfeitures Fund 83,000 75,000 75,000 75,000 0% Police Training Fund 18,621 36,286 10,000 10,000 0% DDA for Administration 30,000 30,000 30,000 0% Reese P!ayfield Fund 3,967 1,827 1,800 1,800 0% RLF for Administration 10,000 N/A Hackley Park Improvement Fund 1,269 51 N/A Hackley Park Memorial Fund 614 600 600 0% $ 177,408 $ 207,636 $ 180,000 $ 35,216 $ 180,000 $ 0% Total _g_eneral fund revenues and other sources $ 21,451,681 $ 23,685,516 $ 23,188,623 $ 7,226,295 $ 23,270,423 $ 81,800 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Thru June % of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments I. Customer Value Added Activities 40301 Police Department 5100 Salaries & Benefits $ 5,371,889 $ 5,421,663 $ 5,585,525 $ 2,724,814 49% $ 5,585,525 $ 0% 5200 Operating Supplies 127,053 148,156 123,000 59,960 49% 123,000 0% 5300 Contractual Services 725,960 940,086 850,000 442,320 52% 850,000 0% 5400 Other Expenses 47,181 53,924 30,700 19,588 64% 30,700 0% 5700 Capital Outlays 88,075 171,358 55,000 28,247 51% 55,000 0% 5900 Other Financing Uses NIA N/A $ 6,360,158 $ 6,735,187 $ 6,644,225 $ 3,274,929 49% $ 6,644,225 $ 0% 40333 Police Narcotics Unit 5100 Salaries & Benefits $ 351,830 $ 403,645 $ 471,552 $ 152,865 32% $ 471,552 $ 0% 5200 Operating Supplies 7,914 11,381 5,150 2,424 47% 5,150 0% 5300 Contractual Services 14,831 13,899 10,700 3,638 34% 10,700 0% 5400 Other Expenses 39 318 N/A N/A 5700 Capital Outlays 22,171 36,195 20,941 0% 20,941 0% 5900 Other Financing Uses N/A NIA $ 396,785 $ 465,438 $ 508,343 $ 158,927 31% $ 508,343 $ 0% $ 6,756,943 $ 7,200,625 $ 7,152,568 $ 3,433,856 48% $ 7,152,568 $ 0% 50336 Fire Department <,.._. 5100 Salaries & Benefits $ 2,673,009 $ 2,708,005 $ 2,738,873 $ 1,385,414 50% $ 2,768,873 $ 30,000 1% OT HIGHER THAN ANTICIAPTED DUE TO SEVERAL 5200 Operating Supplies 113,467 97,561 98,000 32,348 33% 98,000 0% LONG-TERM INJURIES 5300 Contractual Services 156,160 133,101 150,000 90,191 60% 150,000 0% 5400 other Expenses 20,291 10,051 20,000 9,522 48% 20,000 0% 5700 Capita! Ou1lays 153,098 38,636 25,000 26,462 88% 30,000 5,000 20% 5900 Other Financing Uses N/A N/A $ 3,116,025 $ 2,987,354 $ 3,031,873 $ 1,543,937 50% $ 3,066,873 $ 35,000 1% 50387 Fire Safety Inspections 5100 Salaries & Benefits $ 314,896 $ 623,329 $ 658,792 $ 289,487 44% $ 658,792 $ 0% 5200 Operating Supplies 8,585 17,135 31,050 8,880 34% 26,050 (5,000) -16% MOVE TO 5700 5300 Contractual Services 96,770 247,418 226,759 76,145 34% 226,759 0% 5400 Other Expenses 4,877 11,070 15,000 4,061 27% 15,000 0% 5700 Capital Ou11ays 16,029 9,838 5,600 5,255 50% 10,600 5,000 89% ADDTL COMPUTER EQUIPMENT REQ'D 5900 Other Financing Uses NIA N/A $ 441,157 $ 908,790 $ 937,201 $ 383,828 41% $ 937,201 $ 0% $ 3,557,182 $ 3,896,144 $ 3,969,074 $ 1,927,765 48% $ 4,004,074 $ 35,000 1% Sanitation 60523 General Sanitation 5100 Salaries & Benefits $ 60,002 $ 66,335 $ 62,422 $ 32,550 52% $ 62,422 $ 0% 5200 Operating Supplies 401 690 1,400 178 13% 1,400 0% 5300 Contractual Services 1,490,600 1,308,314 1,390,508 438,554 32% 1,390,508 0% 5400 Other Expenses 6 1,000 83 8% 1,000 0% 5700 Capital Outlays 24,360 25,000 0% 25,000 0% 5900 Other Financing Uses N/A N/A $ 1,551,009 $ 1,399,699 $ 1,480,330 $ 471,365 32% $ 1,480,330 s 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As %Change Original Budget Actual Thru June % of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments 60528 Recycling 5100 Salaries & Benefits $ $ $ NIA $ $ NIA 5200 Operating Supplies NIA NIA 5300 Contractual Services 300,392 263,478 261,207 85,526 33% 261,207 0% 5400 Other Expenses NIA NIA 5700 Capital Outlays 1,500 0% 1,500 0% 5900 Other Financing Uses NIA NIA 60524 Composting $ 300,392 • 263,478 $ 262,707 $ 85,526 33% $ 262,707 • 0% 5100 5200 Salaries & Benefits Operating Supplies $ 12,468 • $ $ NIA $ NIA • NIA NIA 5300 Contractual Services 43,237 NIA NIA 5400 Other Expenses NIA NIA 5700 Capita! Outlays NIA NIA 5900 other Financing Uses NIA NIA 60448 Streetlighting $ 55,705 • $ $ NIA $ $ NIA 5100 Salaries & Benefits $ 12,685 $ 10,601 $ 7,064 $ 3,812 54% $ 7,064 $ 0% 5200 Operating Supplies NIA NIA 5300 Contractual Services 505,839 507,599 515,000 211,360 41% 515,000 0% 5400 Other Expenses NIA NIA ~ 5700 Capital Outlays 600 10,000 0% 10,000 0% 5900 Other Financing Uses NIA NIA $ 519,124 $ 518,200 $ 532,064 $ 215,172 40% $ 532,064 $ 0% 60707 Senior Citizen Transit 5100 Salaries & Benefrts $ 39,821 $ 44,554 $ 42,998 $ 22,210 52% $ 42,998 $ 0% 5200 Operating Supplies NIA NIA 5300 Contractual Services 4,810 5,450 5,850 2,925 50% 5,850 0% 5400 Other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 other Financing Uses NIA NIA $ 44,631 $ 50,004 $ 48,848 $ 25,135 51% $ 48,848 $ 0% 60446 Community Event Support 5100 Salaries & Benefrts $ 17,953 $ 113,420 $ 75,382 $ 19,828 26% $ 75,382 $ 0% 5200 Operating Supplies 14,743 2,500 1,222 49% 2,500 0% 5300 Contractual Services 1,270 45,757 20,000 5,677 28% 20,000 0% 5400 other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ 19,223 $ 173,920 $ 97,882 $ 26,727 27% $ 97,882 $ 0% $ 2,490,084 $ 2,405,301 $ 2.421,831 $ 823,925 34% $ 2,421,831 $ 0% 70751 Parks Maintenance 5100 Salaries & Benefits $ 594,245 $ 410,877 $ 528,153 $ 214,451 41% $ 528,153 $ 0% 5200 Operating Supplies 101,986 188,503 125,155 69,974 56% 125,155 0% 5300 Contractual Services 369,196 509,593 515,000 229,043 44% 515,000 0% 5400 Other Expenses 2,338 2,939 7,000 2,544 36% 7,000 0% 5700 Capital Outlays 42,206 53,703 80,000 64,064 80% 80,000 0% 5900 Other Financing Uses NIA NIA $ 1,109,971 $ 1,165,615 $ 1,255,308 • 580,076 46% $ 1,255,308 $ 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget~ General Fund General Fund Expenditure Summary By Function Actual As %Change Original Budget Actual Thru June %of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments 70757 Mc Graft Park Maintenance 5100 Salaries & Benefits $ 34,953 $ 10,522 $ 18,278 $ 2,365 13% $ 18,278 $ 0% 5200 Operating Supplies 9,527 3,862 5,000 2,276 46% 5,000 0% 5300 Contractual Services 27,393 43,985 30,165 14,690 49% 30,165 0% 5400 Other Expenses 434 210 1,000 0% 1,000 0% 5700 Capital Outlays 283 N/A N/A 5900 Other Financing Uses N/A N/A $ 72,307 $ 58,862 $ 54,443 $ 19,331 36% $ 54,443 $ 0% 70775 General Recreation Programs 5100 Salaries & Benefrts $ 132,298 $ 117,149 $ 175,398 $ 46,822 27% $ 175,398 $ 0% 5200 Operating Supplies 35,928 31,912 25,300 27,183 96% 28,300 3,000 12% 5300 Contractual Services 118,418 115,122 88,675 53,520 62% 85,675 (3,000) -3% 5400 other Expenses 4,244 2,969 4,000 701 18% 4,000 0% 5700 Capital Outlays 208 4,344 N/A N/A 5900 Other Financing Uses N/A N/A $ 291,096 $ 271,496 $ 293,373 $ 128,226 44% $ 293,373 $ 0% 70776 Inner City Recreation Programs 5100 Salaries & Benefrts $ 103,019 $ 135,718 $ 132,319 $ 58,791 44% $ 132,319 $ 0% 5200 Operating Supplies 11,214 10,781 21,710 3,847 18% 21,710 0% 5300 Contractual Services 30,297 29,995 36,400 12,558 35% 36,400 0% 5400 Other Expenses 2,397 2,896 3,000 587 20% 3,000 0% 5700 Capital Outlays N/A NIA '-I 5900 Other Financing Uses N/A NIA $ 146,927 $ 179,390 $ 193,429 $ 75,783 39% $ 193,429 $ 0% 70276 Cemeteries Maintenance 5100 Salaries & Benefits $ 330,496 $ 184,070 $ 175,746 $ 91,271 52% $ 175,746 $ 0% 5200 Operating Supplies 21,166 13,440 25,000 4,414 18% 25,000 0% 5300 Contractual Services 110,984 246,091 270,000 74,595 28% 270,000 0% 5400 Other Expenses 216 568 1,000 605 61% 1,000 0% 5700 Capital Outlays 33,200 19,930 22,500 14,177 63% 22,500 0% 5900 Other Financing Uses N/A NIA $ 496,062 $ 464,099 $ 494,246 $ 185,062 37% $ 494,246 $ 0% 70585 Parking Operations 5100 Salaries & Benefits $ 12,979 $ 13,182 $ 12,584 $ 6,684 53% $ 12,584 $ 0% 5200 Operating Supplies 2,146 2,316 2,000 663 33% 2,000 0% 5300 Contractual Services 28,692 27,501 35,572 15,518 44% 35,572 0% 5400 Other Expenses N/A N/A 5700 Capital Outlays NIA N/A 5900 Other Financing Uses N/A N/A $ 43,817 $ 42,999 $ 50,156 $ 22,865 46% $ 50,156 $ 0% 70771 Forestry 5100 Salaries & Benefits $ 90,283 $ 89,755 $ 134,355 $ 45,070 34% $ 134,355 $ 0% 5200 Operating Supplies 10,467 9,852 9,581 5,808 61% 9,581 0% 5300 Contractual Services 12,898 16,843 14,000 6,765 48% 14,000 0% 5400 Other Expenses 2,940 818 1,700 688 40% 1,700 0% 5700 Capita! Outlays 6,572 3,207 2,000 0% 2,000 0% 5900 Other Financing Uses N/A N/A $ 123,160 $ 120,475 $ 161,636 $ 58,331 36% $ 161~636 $ 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual lhru June %of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments 70863 Farmers' Market & Flea Market 5100 Salaries & Benefrts $ 36,984 $ 27,185 $ 30,669 $ 10,708 35% $ 30,669 $ 0% 5200 Operating Supplies 503 591 1,000 0% 500 (500) -50% 5300 Contractual Services 8,236 15,000 7,623 7,998 98% 8,123 500 7% 5400 Other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ 45,723 $ 42,776 $ 39,292 $ 18,706 48% $ 39,292 $ 0% $ 2,329,063 $ 2,345,712 $ 2,541,883 $ 1,088,380 43% $ 2,541,883 $ 0% 80799 Weed and Seed Program 5100 Salaries & Benefits $ 20,949 $ $ $ N/A $ $ NIA 5200 Operating Supplies 2,860 NIA NIA 5300 Contractual Services 9,784 112 NIA NIA 5400 Other Expenses 127 NIA NIA 5700 Capita! Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ 33,720 $ 112 $ $ N/A $ $ NIA 80387 Environmental Services 5100 Salaries & Benefits $ 439,362 $ 150,456 $ 172,208 $ 89,530 52% $ 172,208 $ 0% 5200 Operating Supplies 12,785 9,525 4,700 4,038 86% 4,700 0% 5300 Contractual Services 328,371 265,250 160,950 83,317 52% 160,950 0% ~ 5400 Other Expenses 2,674 333 1,000 89 9% 1,000 0% 5700 Capital Outlays 3,569 4,135 4,700 10 0% 4,700 0% 5900 Other Financing Uses NIA NIA $ 786,761 $ 429,699 $ 343,558 $ 176,984 52% $ 343,558 $ 0% $ 820,481 $ 429,811 $ 343,558 $ 176,984 52% $ 343,558 $ 0% 10875 Other Contributions To Outside Agencies $ 117,369 $ 115,930 $ 141,640 $ 75,145 53% $ 141,640 $ 0% MATS- $80,500; NEIGH GRANTS - $40,000: MEMORIAL $ 117,369 $ 115,930 $ 141,640 $ 75,145 53% $ 141,640 $ 0% DAY COMMITTEE- $10,000; OTHER-$11,140 Total Customer Value Added Activities $ 16,071,122 $ 16,393,523 $ 16,570,554 $ 7,526,055 45% $ 16,605,554 $ 35,000 0% As a Percent of Total General Fund Expenditures 73.0% 73.7% 71.5% 72.8% 71.4% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Thru June %of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments II. Business Value Added Activities 10101 City Commission 5100 5200 Salaries & Benefits Operating Supplies $ 50,488 11,732 $ 56,917 11,861 • 58,589 16,000 $ 27,469 8,725 47% $ 55% 58,589 16,000 $ 0% 0% 5300 Contractual Services 26,636 30,541 47,059 15,579 33% 47,059 0% 5400 Other Expenses 7,106 8,813 11,000 1,908 17% 11,000 0% 5700 Capital Outlays 1,534 91 NIA NIA 5900 Other Financing Uses NIA NIA $ 97,496 $ 108,223 $ 132,648 $ 53,681 40% $ 132,!?48 $ 0% 10102 City Promotions & Public Relations 5100 Salaries & Benefits $ $ $ $ NIA $ $ NIA 5200 Operating Supplies 10,000 0% 10,000 0% 5300 Contractual Services 14,791 24,000 11,400 48% 24,000 0% 5400 Other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ $ 14,791 $ 34,000 $ 11,400 34% $ 34,000 $ 0% 10172 City Man"ig-er' 5100 Salaries & Benefits $ 163,409 $ 172,284 $ 177,056 $ 85,298 48% $ 177,056 $ 0% 5200 Operating Supplies 2,531 2,564 3,500 228 7% 3,500 0% ~ 5300 Contractual Services 2,645 2,962 5,500 756 14% 5,500 0% 5400 Other Expenses 2,601 4,247 4,500 885 20% 4,500 0% 5700 Capital Outlays 82 1,814 3,500 0% 3,500 0% 5900 Other Financing Uses NIA NIA $ 171,268 $ 183,871 $ 194,056 $ 87,167 45% $ 194,056 $ 0% 10145 City Attorney 5100 Salaries & Benefits $ $ $ $ NIA $ $ NIA 5200 Operating Supplies 400 480 480 833 83% 1,000 520 108% 5300 Contractual Services 341,368 384,201 370,194 192,453 52% 370,194 0% 5400 Other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ 341,768 $ 384,681 $ 370,674 $ 193,286 52% $ 371,194 $ 520 0% $ 610,532 $ 691,566 $ 731,378 $ 345,534 47% $ 731,898 $ 520 0% 20173 Administration 5100 Salaries & Benefits $ 124,412 $ 137,659 $ 141,029 $ 62,653 48% $ 131,029 $ (10,000) -7% MGT ASST POSITION VACANCY 5200 Operating Supplies 4,482 2,295 3,950 365 9% 3,950 0% 5300 Contractual Services 24,701 15,871 23,000 2,254 11% 21,000 (2,000) -9% 5400 Other Expenses 16,200 12,278 11,860 3,607 30% 11,860 0% 5700 Capital Outlays 298 581 1,500 3,018 86% 3,500 2,000 133% 5900 Other Financing Uses NIA NIA $ 170,093 • 168,684 $ 181,339 $ ?1,l?~7 42% $ 171,339 $ (10,000) -6% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Thru June %of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments 20228 Affirmative Action 5100 Salaries & Benefits $ 63,526 $ 69,370 $ 70,485 $ 34,600 49% $ 70,485 $ 0% 5200 Operating Supplies 517 506 1,000 1,417 94% 1,500 500 50% 5300 Contractual Services 2,109 2,334 3,300 1,040 32% 3,300 0% 5400 Other Expenses 3,295 2,801 4,000 1,622 46% 3,500 (500) -13% 5700 Capital Outlays 118 500 0% 500 0% 5900 Other Financing Uses NIA NIA $ 69,447 $ 75,129 $ 79,285 $ 38,679 49% $ 79,285 $ 0% 20744 Julia Hackley Internships 5100 Salaries & Benefits $ 1,714 $ 7,482 $ 4,650 $ 3,837 83% $ 4,650 $ 0% 5200 Operating Supplies 718 NIA NIA 5300 Contractual Services 711 NIA NIA 5400 Other Expenses NIA NIA 5700 Capital Outlays NIA NIA 5900 Other Financing Uses NIA NIA $ 1,714 $ 8,911 $ 4,650 $ 3,837 83% $ 4,650 $ 0% 20215 City Clerk & Elections 5100 Salaries & Benefits $ 190,040 $ 218,883 $ 209,842 $ 95,474 45% $ 209,842 $ 0% 5200 Operating Supplies 28,908 32,549 15,000 10,508 53% 20,000 5,000 33% 5300 Contractual Services 34,857 28,284 32,850 11,691 48% 24,500 (8,350) -25% '-- ~ 5400 5700 Other Expenses Capital Outlays 6,875 5,006 5,420 2,551 3,250 3,350 3,458 77% 0% 4,500 3,350 1,250 38% 0% 5900 Other Financing Uses NIA NIA $ 265,686 $ 287,687 $ 264,292 $ 121,131 46% $ 262,192 $ (2,100) -1% 20220 Civil Service 5100 Salaries & Benefits $ 125,385 $ 130,015 $ 153,025 $ 54,204 35% $ 153,025 $ 0% 5200 Operating Supplies 15,052 6,339 5,000 3,701 62% 6,000 1,000 20% FIRE STUDY GU!DES PURCHASED FOR RESALE 5300 Contractual Services 71,530 39,839 31,000 12,172 39% 31,000 0% 5400 Other Expenses 7,890 42,287 8,000 1,475 18% 8,000 0% 5700 Capital Outlays 220 762 957 1,063 111% 957 0% 5900 other Financing Uses NIA NIA $ 220,077 $ 219,242 $ 197,982 $ 72,615 36% $ 198,982 $ 1,000 1% $ 727,017 $ 759,653 $ 727,548 $ 308,159 43% $ 716,448 $ (11,100) -2% 30202 Finance Administration 5100 Salaries & Benefits $ 245,121 $ 259,785 $ 267,683 $ 134,265 50% $ 267,683 $ 0% 5200 Operating Supplies 8,336 9,334 10,900 4,886 45% 10,900 0% 5300 Contractual Services 61,633 64,594 69,400 58,889 67% 88,000 18,600 27% NO LONGER US!NG COMPENSATING BALANCES 5400 Other Expenses 3,280 2,385 3,000 1,316 44% 3,000 0% TO PAY BANK FEES 5700 Capital Outlays 2,359 4,586 3,500 791 23% 3,500 0% 5900 Other Financing Uses NIA NIA $ 320,729 $ 340,684 $ 354,483 $ 200,147 54% $ 373,083 $ 18,600 5% 30209 Assessing Services 5100 Salaries & Benefits $ 240,204 $ 5,013 $ 7,731 $ 5,850 76% $ 7,731 $ 0% 5200 Operating Supplies 3,131 NIA NIA 5300 Contractual Services 114,601 340,213 365,835 90,596 25% 365,835 0% 5400 Other Expenses 3,900 80 100 45 45% 100 0% 5700 Capital Outlays 633 NIA NIA 5900 Other Financing Uses NIA NIA $ 362,469 $ 345,306 $ 373,666 $ 96,491 26% $ 373.!.666 $ 0% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget~ General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Thru June % of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments 30205 Income Tax Administration 5100 Salaries & Benefrts $ 186,659 $ 212,880 $ 223,951 $ 112,563 50% $ 223,951 $ 0% 5200 Operating Supplies 24,897 18,875 24,073 14,393 60% 24,073 0% 5300 Contractual Services 34,271 34,550 39,500 9,124 23% 39,500 0% 5400 Other Expenses 1,003 1,288 1,500 295 20% 1,500 0% 5700 Capital Outlays 7,375 2,180 3,000 206 7% 3,000 0% 5900 Other Financing Uses N/A N/A $ 254,205 $ 269,773 $ 292,024 $ 136,581 47% $ 292,024 $ 0% 30253 City Treasurer 5100 Salaries & Benefits $ 266,436 $ 251,881 $ 275,462 $ 112,652 41% $ 275,462 $ 0% 5200 Operating Supplies 28,340 38,165 28,400 14,419 51% 28,400 0% 5300 Contractual Services 44,557 55,546 41,399 23,502 57% 41,399 0% 5400 Other Expenses 1,096 1,264 1,211 713 59% 1,211 0% 5700 Capital Outlays 6,259 7,298 3,957 3,602 91% 3,957 0% 5900 Other Financing Uses N/A N/A $ 346,688 $ 354,154 $ 350,429 $ 154,888 44% $ 350,429 $ 0% 30248 Information Systems Administration 5100 Salaries & Benefits $ 131,588 $ 167,381 $ 176,942 $ 88,446 50% $ 176,942 $ 0% 5200 Operating Supplies 4,832 6,695 9,000 162 2% 9,000 0% ~ 5300 Contractual Services 42,033 38,925 45,000 13,795 31% 45,000 0% 5400 Other Expenses 18,650 10,689 12,000 8,790 73% 12,000 0% 5700 Capital Outlays 67,921 52,283 42,000 14,068 33% 42,000 0% 5900 Other Financing Uses N/A N/A $ 265,024 $ 275,973 $ 284,942 $ 125,261 44% $ 284,942 $ 0% $ 1,549,115 $ 1,585,890 $ 1,655,544 $ 713,368 43% $ 1,674,144 $ 18,600 1% 60265 City Hall Maintenance 5100 Salaries & Benefits $ 63,925 $ 63,273 $ 61,204 $ 31,879 52% $ 61,204 $ 0% 5200 Operating Supplies 13,874 11,926 15,370 4,866 32% 15,370 0% 5300 Contractual Services 161,699 184,471 189,895 110,930 53% 210,000 20,105 11% UNANTICIPATED ELEVATOR REPAIRS 5400 Other Expenses 67 395 500 598 60% 1,000 500 100% 5700 Capital Outlays 8,607 3,422 6,287 0% 5,787 (500) -8% 5900 Other Financing Uses N/A N/A $ 248,172 $ 263,487 $ 273,256 $ 148,273 51% $ 293,361 $ 20,105 7% $ 248,172 $ 263,487 $ 273,256 $ 148,273 51% $ 293,361 $ 20,105 7% ----- 80400 Planning, Zoning and Economic Development 5100 Salaries & Benefits $ 370,871 $ 395,554 $ 415,475 $ 188,334 45% $ 415,475 $ 0% 5200 Operating Supplies 31,621 16,283 14,050 9,871 70% 14,050 0% 5300 Contractual Services 102,933 78,924 79,400 41,622 57% 73,400 (6,000) -8% 5400 Other Expenses 10,591 7,746 8,500 2,504 29% 8,500 0% 5700 Capital Outlays 2,146 3,018 4,000 8,953 90% 10,000 6,000 150% 5900 Other Financing uses N/A N/A $ 518,162 $ 501,525 $ 521,425 $ 251,284 48% $ 521,425 $ 0% $ 518,162 $ 501,525 $ 521,425 $ 251,284 48% $ 521,425 $ 0% Total Business Value Added Activities $ 3,652,998 $ 3,802,121 $ 3,909,151 $ 1,766,618 45% S 3,937,276 $ 28,125 1% As a Percent of Total General Fund Expenditures 16.6% 17.1% 16.9% 17.1% 16.9% City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget~ General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Thru June %of Revised Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised Estimate 2001 2001 Original Original Comments I/. Fixed Budget Items 30999 Transfers To Other Funds Major Street Fund $ $ $ $ NIA $ $ N/A Local Street Fund 620,000 620,000 820,000 410,000 50% 820,000 0% Budget Stabilization Fund 100,000 50,000 50% 100,000 0% LC. Walker Arena Fund 325,000 346,000 301,000 150,500 50% 301,000 0% Public Improvement Fund 150,000 220,000 150,000 75,000 50% 150,000 0% MOD State Rehab Loan Fund 22,810 22,810 NIA N/A TIFA Debt Service Fund 12,000 NIA N/A State Grants 1,742 NIA N/A Tree Replacement 2,723 NIA NIA $ 1,108,742 $ 1,211,533 $ 1,371,000 $ 708,310 52% $ 1,371,000 $ 0% 30851 General Insurance $ 222,763 $ 249,757 $ 270,000 $ 232,196 86% $ 270,000 $ 0% 30906 Debt Retirement 340,604 407,835 365,098 75,391 21% 365,098 0% 10891 Contingency and Bad Debt Expense 212,696 142,954 450,000 0% 450,000 0% '- 90000 Major Capital Improvements 402,954 24,934 245,000 23,719 10% 245,000 0% I'> Total Fixed-Budget Items $ 2,287,759 $ 2,037,013 $ 2,701,098 $ 1,039,616 38% $ 2,701,098 $ 0% As a Percent of Total General Fund Expenditures 10.4% 9.2% 11.7% 10.1% 11.6% Total General Fund $ 22,011,879 $ 22,232,657 $ 23,180,803 $ 10,332,289 44% $ 23,243,928 $ 63,125 0% Recap: Total General Fund By Expenditure Object 5100 Salaries & Benefits $ 12,873,899 $ 12,678,843 $ 13,265,442 $ 6,234,196 47% $ 13,285,442 $ 20,000 0% 5200 Operating Supplies 644,655 719,038 637,269 297,589 46% 641,789 4,520 1% 5300 Contractual Services 6,002,539 6,559,992 6,817,381 2,757,484 40% 6,837,236 19,855 0% 5400 Other Expenses 170,318 185,789 154,821 65,684 42% 156,071 1,250 1% 5700 Capital Outlays 871,122 469,627 569,792 193,635 33% 587,292 17,500 3% 5900 All Other Financing Uses 1,449,346 1,619,368 1,736,098 783,701 45% 1,736,098 0% Total General Fund $ 22,011,879 $ 22,232,657 $ 23,180,803 $ 10,332,289 44% $ 23,243,928 $ 63,125 0% City of Muskegon Quarterly Budget Re forecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thru June % of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 202 Major Streets and State Trunklines Fund Available Fund Balance - BOY $ 4,386,989 $ 3,585,170 s 1,808,171 $ 2,989,718 $ 2,989,718 $ 1,181,547 Revenues Special assessments 208,386 $ 221,610 s 100,000 $ 0% Federal grants State grants $ 29,033 92,678 3,154,271 1,150,000 ' 100,000 1,150,000 ' 0% State shared revenue 2,346,730 2,590,185 2,209,194 771,570 2,209,194 0% Interest income 237,805 214,103 60,000 60,974 60,000 0% ....... Operating transfers in 170,720 155,000 155,000 0% CDBG S85M ; EDA $70M (...;, Other 183,977 514,262 75,000 12,025 75,000 0% $ 3,269,329 s 6,694,431 3,749,194 s 844,569 3,749,194 0% 60900 Operating Expenditures $ ' ' 608,646 s 649,222 s s 0% 5100 5200 5300 Salaries & Benefits Operating Supplies contractual Services $ 151,749 688,313 105,439 S15,522 ' 737.485 166,200 723,401 334,035 80,680 450,348 45% 49% 62% $ 737,485 166,200 723,401 0% 0% 5400 Other Expenses 5,23S S,54S 4,000 987 2S% 4,000 0% 5700 Capital Outlays 1,635 NJA 5SOO Oth~r financin!;! Uses 664,840 905,964 810,523 343,074 42% 810,523 0% 0E9T SERVICE; S200M TRANSFER TO LOCAL s 2,118,787 2,581,692 $ 2,441,609 s 1,210,759 SO% s 0% ' $ 2,441,609 90000 Project Expenditures s s NIA s 5200 5300 5700 Operating Supplies Contractual Services Ca ital Outla s 1,731,347 221,014 ' 4,708,191 $ 2,960,000 397,831 15% NIA ' 2,716,000 {244,000) -8% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL s 1,952,361 4,708,191 $ 2,960,000 $ 397,831 s s 4,071,148 ' $ 7,289,883 $ 5.401,609 $ 1,608,590 15% 31% $ ' 2,716,000 5,157,609 (244,000) -8% s 3,585,170 2,989,718 $ s Available Fund Balance - EOY ' 155,756 ' 2,225,697 ' 1,581,303 1,425,547 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds Actual As % Change Original Budget Actual Thru June % of Revised Estimate Change From Frnm Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 203 Local Streets Fund Available Fund Balance - BOY $ 107,336 $ 176 $ {81,376) -$ 122,966 s 122,966 s 204,342 Revenues Special assessments $ 70,128 $ 76,570 $ 75,000 $ s 75,000 s 0% Federal grants 31,073 31,073 State grants 48,467 48,467 State shared revenue 621,506 639,505 648,300 219,655 648,300 0% Interest income 10,329 11,210 10,000 199 10,000 0% Operating transfers in 680,000 870,000 1,090,000 410,000 1,090,000 0% GENERAL FUND TRANSFER $820M: EDA $70M; MAJOR S200M Other 828 20,082 20,000 311 20,000 0% ' $ 1,382,791 $ 1,696,907 $ 1,843,300 $ 709,705 s 1,843,300 s 0% ""' 60900 5100 5200 Operating Expenditures Salaries & Benefits Operating Supplies $ 484,756 73,457 $ 437,738 107,551 s 402,118 84,000 $ 204,364 58,362 51% 69% s 402,118 84,000 s 0% 0% 5300 Contractual Services 484,784 589,182 554,501 240,827 43% 554,501 0% 5400 Other Expenses 1,234 2,236 1,000 83 8% 1,000 0% 5700 Capital Outlays N/A 5900 Other Financing Uses 63,143 NIA $ 1,044,231 $ 1,199,850 s 1,041,619 $ 503,636 48% s 1,041,619 .- 0% 90000 Project Expenditures 5200 Operating Supplies $ $ s $ N/A s $ 5300_ Contractual Servipes 445,720 374,267 700,000 112,121 17% 652,000 (48,oooi -7% SEE "BUDGETED CAPITAL IMPROVEMENTS" FO!=!_E:IETAIL $ 445,no $ 374,267 s 700,000 $ 112,121 17% $ 652,000 $ (4a,oooi -7% $ 1,489,951 $ 1,574,117 s 1,741,619 $ 615,757 36% s 1,693,619 Available Fund Balance• EOY $ 176 122,966 s 20,305 $ - -- 252,342 ' $ 216,914 $ 272,647 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget- Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 230 Enterprise Community Fund Available Fund Balance - BOY $ $ $ $ $ $ Revenues Special assessments $ $ $ $ $ Federal grants 336,525 633 180,000 180,000 0% State shared revenue Charges for services 77,310 Interest income ......_ Operating transfers ln Other "I $ 413,835 $ 633 $ 180.000 $ $ 180,000 $ 0% 60900 Operating Expenditures 5100 Salaries & Benefits $ $ $ $ NIA $ $ 5200 Operating Supplies NIA 5300 Contractual Services 413,835 633 180,000 842 0% 180,000 0% 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin Uses NIA $ 413,835 $ 633 $ 180,000 $ 842 0% $ 180,000 $ 0% 90000 Project Expenditures 5200 5300 Operating Supplies Contractual Services ' ' ' $ NIA NIA $ $ ' $ 413,835 ' $ 633 '' 180,000 $ $ 842 NIA 0% $ $ 180,000 Available Fund Balance - EOY $ $ $ $ ~ - $ City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 254 L.C. Walker Arena Fund Available Fund Balance - BOY s 294 $ 3,426 s Revenues ' 3,564 $ 3,861 ' 3,861 297 Special assessments s s State grants State shared revenue ' ' $ ' Charges for services 518,703 505,229 560,000 287,005 560,000 0% Interest income 24 507 ' ~ Operating transfers in Other s 325,000 2,212 845,915 $ 346,000 3,848 855,101 $ 301,000 861,000 $ 150,500 11,804 449,818 s 301,000 861,000 s 0% 0% GENERAL FUND OPERATING SUBSIDY 70805 Operating Expenditures s s s 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services 11,112 831,671 $ 11,120 842,086 ' 11,416 850,000 ' 5,930 521,837 52% NIA 61% 11,416 650,000 0% 0% 5400 Other Expenses NIA 5700 Capital Outlays 1,460 242 NIA 5900 Other Financing Uses NIA s s 90000 Project Expenditures 842,783 $ 854,666 $ 861,416 ' 528,009 61% 861.416 $ 0% 5200 5300 Operating Supplies Contractual Services ' $ $ ' $ ' NIA NIA 's $ '' $ NIA $ s 842,783 $ 854,666 ' 861,416 ' 528,009 61% s 861,416 0% Available Fund Balance - EOY ' 3,426 $ 3,~61 $ 3,148 ' (74,332) 3,445 $ 297 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thn.i June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 403 Sidewalk Improvement Fund Available Fund Balance - BOY $ 982,400 s 63,295 $ 701,009 s 613,738 s Revenues ' 613,738 (87,271) Special assessments s 200,592 s 459,927 $ 450,000 s $ 450,000 s 0% Federal grants State shared revenue Charges for services Interest income 67,211 39,198 15,000 10,559 15,000 0% Operating transfers in 97,219 100,000 100,000 0% ' '-I Othec s 267,803 s 826,068 1.422,412 s 565,000 $ 10,559 $ 565,000 s 0% 30906 Operating Expenditures s s s s 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services ' NIA NIA NIA $ 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin1,1 Uses 734,847 14M14 412,413 128,595 31% 412.413 0% DEST SERVICE 734,847 s s 90000 Project Expenditures ' ' 143,014 412,413 $ 128,595 '1% $ 412.413 0% 5200 Operating Supplies s s 5300 5400 Contractual Services Other Expenses ' 452,061 ' 568,030 6,520 850,000 ' 184,821 NIA 22% NIA $ 850,000 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5900 Other Financins: Uses 154,405 9,668 NIA 452,061 s s $ ' 1,186,908 '' 728,955 871,969 s 850,000 1,262.413 '' 194,489 323,084 23% 26% ' $ 850,000 1,262.413 0% Available Fund Balance• EOY $ 63,295 $ 613,738 s 3,596 301,213 (83,675} S (87,271) ' ' City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget• Non-General Funds Actual As % Change Original Budget Actual Thn.l June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 404 Public Improvement Fund s s s s Available Fund Balance - BOY Revenues 679,356 1,354,812 ' 206,812 $ 421.441 421,441 214,629 s s s s s Special assessments Property Tax Federal grants ' 570,600 300,000 300,000 570,600 300,000 LDFA II PASS-THRU -TO BE USED FOR SEAWAY INDUSTRIAL PARK 0% EDA GRANT FOR SEAWAY INDUSTRIAL PARK Contributions 5,D00 5,000 0% Sales of Property 247,361 148,053 100,000 35,337 100,000 0% Interest income 43,424 51,375 25,000 7,406 25,000 0% Operating transfers in 150,000 220,000 150,000 75,000 150,000 0% '-- Other s 1,312,964 1,753,749 s 35,643 850,600 s s s "<::, 30936 Operating Expenditures 455,071 ' 417,743 US0,600 300,000 35% s s s NIA s s 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services ' NIA NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5!;1Q9 ________Q_th_~_Elnanci_ng Uses 876,900 105,000 240,000 0% 240,000 0% TRANSFERS TO STREETS, WATER, S~Wl:_13_F9R._SEAWAY IP s s 0% s s 90000 Project Expenditures ' 876,900 105,000 ' 240,000 240,000 0% Operating Supplies s s NIA s s 5200 $300 5400 Contractual Services Other Expenses ' 15,779 31,301 696,960 ' 6,690 NIA NIA 5700 Caeital Outla~ 154,313 586,482 475,600 438,425 63% 698,568 222,968 47% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL s s s s ' $ 201,393 1,078,293 s 1,283,442 1,388,442 '' 475,600 715,600 s 445,115 445,115 64% 47% s 698,568 938,568 222,968 47% Available Fund Balance - EOY s s ' 1,354,812 421,441 ' 341,812 394,069 $ 633,473 $ 291,661 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 482 State Grants Fund Available Fund Balance - BOY $ $ $ $ $ Revenues Special assessments $ $ $ $ $ State grants 255,069 275,965 2,335,000 1,018 1,040,000 (1,295,000} -55% PROJECT DELAYS. GRANT FUNDS \NILL NOT BE REC'D IN :mo, Federal grants 73,386 Sales of Property Interest income Operating transfers in 1,743 601,173 200,000 77,061 545,000 345,000 173% LOCAL MATCH FROM GOLF COURSE FUND (TRAIL PROJECTS) ....._ Other $ 256,812 950,524 $ 2,535,000 78,079 "" 30936 Operating Expenditures ' ' $ 1,585,000 $ (950,000) -37% 5100 Salaries & Benefits $ $ $ 5200 5300 Operating Supplies Contractual Services ' NIA NIA NIA $ $ 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin Uses NIA 90000 Project Expenditures $ ' $ ' NIA $ 5200 Operating Supplies $ $ $300 _;i700 Contractual Services Caeital Outla:is 258,812 950,524 $ 2,535,000 ' 664,949 77,061 NIA NIA $% $ 1,585,000 $ (950,000) -37% SEE "BUDGETED CAPITAL IMPROVEMENTS' FOR DETAIL $ 256,812 $ 950,524 $ 2,535,000 $ 742,010 47% $ 1,585,000 $ (950,000) -37% $ 258,812 $ 950,524 $ 2,535,000 742,010 47% 1,585,000 AVauable Fund Balance. EOY $ $ $ ' $ (663,931} $ $ City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget. Non.General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actua!2000 Estimate 2001 2001 Revised 2001 2001 Origlnal Original Comments 594 Marina & Launch Ramp Fund Available Cash Balance - BOY s 37,205 s 62,225 $ 26,725 $ 2,292 s 2,292 s (24,433} Revenues $pedal assessments s s $ $ s $ State grants State shared revenue Charges for services 258,159 273,456 270,000 180,946 270,000 0% Interest income 3,915 5,184 5,000 365 5,000 0% Operating transfers in Other 13,229 10,797 ~ $ 275,303 s 289,437 $ 275,000 $ 181,311 s 275,000 $ 0% " 70756 5100 5200 5300 Operating Expenditures Salaries & Benefits Operating Supplies Contractual Services $ 95,973 12,073 93,287 s 74,283 17,771 143,006 s 91,579 10,300 92,379 ' 40,353 1,908 41,105 44% 19% 44% ' 91,579 10,300 92,379 $ 0% 0% 0% 5400 Other Expenses 445 2,307 1,000 469 47% 1,000 0% 5700 Capital Outlays 1,223 1,350 4,000 0% 4,000 0% 5900 Other Financing Uses 74,545 (841) NIA Other Cash Uses {e.g .. Debt PrincipaJ) 30,900 NIA $ 246,646 $ 237,876 s 199,258 s 83,835 42% $ 199,258 $ 0% 90000 Project Expenditures 5200 Operating Supplies $ $ s s NIA 5300 Contractual Services 3,637 111,494 171,399 NIA 5700 Ca ital Outla s NIA s 3,637 $ 111.494 s s 171,399 NIA $ $ 250,283 349,370 s 199,258 s 255,234 199,258 "Ji.:Va"ffa"ble Cash Balance. EOY ' $ 62,225 $ $ 2,292 s 102,467 $ (_!1,631) 128% $ $ 78,034 $ (24,433) City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thl'1.l June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 584 Municipal Golf Course Fund Available Cash Balance - BOY s 1,531,324 $ 1,564,213 $ 1,108,216 $ 1,151,296 $ 1,151,296 $ 43,080 Revenues Special assessments s $ s $ State grants State shared revenue Charges for services lnterest income 81,345 86,159 40,000 27,388 40,000 0% Operating transfers in Other s 86,159 s 40,000 81,345 $ ' 27,388 $ 40,000 $ 0% "' ....... 70542 5100 5200 Operating Expenditures Salaries & Benefits Operating Supplies ' $ s ' NIA NIA $ $ 5300 Contractual Services 9,208 2,903 NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses 496,173 200,000 TT,061 14% 545,000 345,000 173% LOCAL MATCH FOR TRAIL PROJECT GRANTS Other Cash Uses {e.g.. Debt Principal) 39.248 NIA s s s 90000 Project Expenditures 48.456 499.076 200,000 ' TT,061 14% $ 545,000 345.000 173% s 5200 5300 5700 Operating Supplies Contractual Services Ca ital Outla s ' $ $ ' NIA NIA NIA $ s ' $ $ NIA $ $ $ 48.456 s 499.076 $ 200,000 $ n,061 14% $ 545.000 s Available Cash Balance• EOY $ 1,564,213 1,151,296 $ 948,216 ' 1,101,623 $ 646,296 $ {301,920) City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds Actual As % Change Original Budget Actual Thll.l June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Orig_inal Comments 661 Equipment Fund Available Cash Balance. BOY $ 620,607 s 499,092 $ 420,818 $ 380,984 s 380,984 s (39,834) Revenues Special assessments s s s State grants State shared revenue ' $ $ Charges for services 1,670,497 1,950,310 1,900,000 972,779 1,900,000 0% Interest income 30,203 27,193 40,000 11,410 40,000 0% Operating transfers in Other 159,597 193,377 100,000 66,187 100,000 0% 'l..:, $ 1,860,297 s 2,170,880 $ 2,040,000 $ 1,050,376 $ 2,040,000 $ 0% N 60932 5100 Operating Expenditures Salaries & Benefits $ 388,008 364,899 $ 361,498 $ $ 218,413 60% $ 361,498 $ 0% 5200 Operating Supplies 469,989 606,768 437,599 317,395 73% 437,599 0% 5300 Contractual Services 363,568 393,192 431,060 270,975 63% 431,060 0% 5400 Other Expenses 3,537 3,357 3,000 431 14% 3,000 0% 5700 Capital Outlays 679,073 872,983 746,000 177,047 24% 746,000 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5900 Other Financing Uses NIA Other Cash Uses {e.g.. Debt Principal) 77,637 47,789 NIA -----,% $ 1,981,812 $ 2,288,988 $ 1,979,157 $ 984,261 50% s 1,979,1§7 s 90000 Project Expenditures 5200 Operating Supplies $ $ $ s NIA s $ 5300 Contractual Services NIA 5700 Caeital Outla:i-s NIA $ $ $ s NIA $ $ $ 1,981,812 $ 2,288,988 $ 1,979,157 s 984,261 50% s 1,979,157 s ' Available Cash Balance. EOY 499,092 $ 380,984 $ 481,661 447,099 $ 441,827 S (39,834) City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget. Non.General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 642 Public Service Building Fund Available Cash Balance• BOY Revenues ' 114,901 $ 34,173 ' (287,200) $ (200,038} ' (200,038) $ 87,162 Special assessments State grants State shared revenue ' $ ' ' Charges for services 379,095 460,000 460,000 278,530 460,000 0% Interest income 3,995 1,000 1,000 0% Operating transfers in Qthec 30 427 383,120 !:: 60442 Operating Expenditures ' $ 460,427 ' 461,000 $ 278,530 $ 461,000 $ 0% 56% 0% ' 5100 Salaries & Benefits $ 152,957 $ 174,399 168,307 $ 93,827 $ 168,307 $ 5200 Operating Supplies 21,236 19,767 26,950 9,313 35% 26,950 0% 5300 Contractual Services 191,167 215,070 201,416 99,802 50% 201,416 0% 5400 Other Expenses 12,210 10,956 10,000 635 6% 10,000 0% 5700 Capital Outlays 19,747 18,961 150,430 35,224 23% 150,430 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5900 Other Financing Uses N/A Other Cash Uses and Adjustments Debt Principal) 66,531 (21,076) NIA s 463,848 s 418,077 $ 557,103 $ 23M01 43% $ 557,103 $ 0% 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ N/A $ 5300 Contractual Services 276,561 N/A 5700 Capital Outlays N/A s s 276,561 $ $ N/A $ $ $ 463,848 $ 694,638 557,103 43% Available Cash Balanee • EOY $ 34,173 s (200,038) $ ' {383,303) $ $ 238,801 {160,309) $ $ 557,103 (296,141) $ 87,162 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 643 Engineering Services Fund Available Cash Balance. BOY $ 83,696 s 86,178 $ 176,286 $ 117,697 $ 117,697 $ (58,589) Revenues Special assessments $ s $ $ $ $ State grants State shared revenue Charges for seri.riees 472,211 478,738 620,000 248,826 620,000 0% Interest income 4,364 5,749 25,000 2,767 25,000 0% Operating transfers in Other 29,171 24,762 197 $ 505,746 s 509,249 $ 645,000 $ 251,790 $ - 64s:ooo --s 0% "" ~ 60447 5100 5200 Operating Expenditures Salaries & Benefits Operating Supplies $ 372,095 15,050 s 348,155 15,188 $ 459,501 19,005 $ 182,640 10,026 40% 53% $ 459,501 19,005 $ 0% 0% 5300 Contractual Services 75,587 107,040 130,602 61,348 47% 130,602 0% 5400 Other Expenses 3,109 3,964 4,200 1,790 43% 4,200 0% $700 Capital Outlays 10,585 22,025 24,000 10,857 45% 24,000 0% 5900 Other Financing Uses NIA Other Cash Uses and Adjustments e_,g_,,__l?!l_~t_.f'~rifip~I) 21,412 19,413 NIA $ 497,838 $ 476,959 $ 637,308 $ 266,661 42% $ 637,308 $ 0% 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ NIA $ $ 5300 Contractual Seri.rices 5,426 771 378 NIA 5700 Ca ital Outla s NIA $ 5,426 $ 771 $ $ 378 NIA $ §_ $ 503,284 $ 4n,730 $ 637,308 $ 267,039 42% $ 637,308 Available Cash Balance - EOY $ 86,178 $ 117,697 $ 18S,978 $ 102,448 $ 125,389 $ (58,589} City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original Original Comments 677 General Insurance Fund Available Cash Balance - BOY s 963,422 $ 1,193,782 $ 1,139,024 $ 935,251 $ 935,251 $ (203,773) Revenues Special assessments $ $ $ $ $ $ State grants State shared revenue Charges for services 2,081,027 1,978,797 2,170,000 1,147,068 2,170,000 0% Interest income 39,317 55,393 40,000 18,041 40,000 0% Operating transfers in 1,110,799 784,995 1,100,000 1,100,000 0% Other 4,801 117,275 75,000 75,000 0% ~ $ 3,235,944 $ 2,936,460 $ 3,385,000 $ 1,165,109 $ 3,385,QQQ______! __ 0% If\ 30851 Operating Expenditures 5100 Salaries & Benefits $ 400,953 $ 5,712 52,354 $ 16.419 31% 52,354 s 0% NEW POSITION WC/RISK MANAGER 5200 Operating Supplies 510 475 1,000 479 48% 1,000 0% 5300 Contractual Services 2,684,902 3,072,981 3,365,165 1,673.436 50% 3,365,165 0% $400 Ottier Expenses 50 461 1,500 1,444 96% 1,500 0% 5700 Capital Outlays 1,000 0% 1,000 0% $900 Other Financing Uses NIA Other Cash Uses and Adjustments Debt Principal) (80,831) 115,362 NIA $ 3,005,584 $ 3,194,991 $ 3,421,019 $ 1,691,778 49% $ 3.421,019 $ 0% 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ NIA $ $ 5300 Contractual Services NIA 5700 Ca ital Outla s NIA $ $ $ $ NIA $ $ $ 3,005,584 $ 3,194,991 s 3,421,019 $ 1,691,778 49% $ 3,421,019 Available Cash Balance • EOY $ 1,193,782 $ 935,251 $ 1,103,005 $ --~5~~ $ 899,232 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actwal2000 Estimate 2001 2001 Revised 2001 2001 Original Orif!inal Comments 591 Water Fund Available Cash Balance - BOY s 839,769 s 6,094,347 $ 5,325,121 s 5,992,941 s Revenues ' 5,982,941 657,820 Special assessments s s $ s s State grants State shared revenue ' Charges for services• City 3,139,639 3,531,540 3,200,000 1,021,671 3,200,000 0% Charges for services - Township 420,000 19,299 420,000 0% Hydrant Rental- Township Interest income 248,487 320,696 140,000 143,864 140,000 0% Operating transfers in 77,155 54,000 54,000 0% EDAS54M Other 9,537,128 84,101 92,137 s 13,002,409 s 3,936,337 3,814,000 s s 30548 Operating Expenditures Administration ' 1,275,971 $ 3,814,000 0% 5100 Salaries & Benefits s s s s 5200 5300 Operating Supplies Contractual Services 375,765 359,581 ' 478,667 254,674 NIA NIA 53% $ 478,667 0% INSURANCE:ilNDIRECT COSTS/UTILITY ADMININISTI'!ATION FEE 5400 Other Expenses 7,431 NIA 5700 Capital Outlays 45 45 NIA 5900 Other Financing Uses 409,391 495,727 449,405 5,349 1% 449,405 0% INTEREST Other Cash Uses and Adjustments {e.g.. Debt Princieal) 3,722,862 302,213 370,000 0% 370,000 0% ?RINCIF>AL 4,508,063 s s s 60559 ' Operating Expenditures Maintenance - City 1,164,997 ' 1,298,072 260,023 20% ' 1.298,072 0% 5100 Salaries & Benefits s 655,282 s 698,628 $ 550,690 s 346,206 63% s 550,690 s 0% ¾ 5200 Operating Supplies 97,019 237,969 100,200 57,514 57% 100,200 0% "' 5300 5400 5700 5900 Contractual Services Other Expenses Capital Outlays Other Flnarit;!_ng L!ses ._ 233,897 125,838 21,693 293,031 71,680 5,129 258,933 60,000 14,400 149,115 8,179 3,116 $8% 14% 22% NIA 258,933 60,000 14,400 0% 0% 0% 1,133,729 s 1,306.436 984,223 s s 60660 ' Operating Expenditures Maintenance. Township $ 564,130 57% 984,223 ' - Q!o 5100 Salaries & Benefits s 256,855 s s 5200 5300 Operating Supplies Contractual Services ' 3,190 863 47 ' 11,900 113,002 84,659 695 47,857 3'% 6% 42% 256,855 11,900 113,002 $ 0% 0% 0% 5400 Other Expenses 151,420 443 0% 151,420 0% 5700 Capital Outlays 4,350 0% 4,350 0% 5900 Other Financing Uses NIA s 4,100 537,527 s 60558 Operating Expenditures Filtration ' $ ' 133,654 25% 537,527 $ 0% 5100 Salaries & Benefits 459,135 s 5200 5300 Operating Supplies Contractual Services ' 122,342 312,641 469,642 121,252 285,375 $ 4TT,607 101,815 399,800 $ 222,918 43,287 180,578 47% 43% 45% ' 4TT,607 101,815 399,800 $ 0% 0% 0% 5400 Other Expenses 2,684 3,546 4,150 865 21% 4,150 0% 5700 Capital Outlays 55,608 27,339 46,901 NIA 5900 0th~ financing Uses NIA s 952.410 907,154 983,372 494,549 0"& 90000 Project Expenditures ' ' ' 50% ' 983,372 $ 5200 s 4,159 s 5300 5700 Operating Supplies Contractual Services Capital Outlays 248,251 901,219 ' 665,056 $ 3,545,810 ' 108,031 NIA 3% NIA ' 3,117,436 (428,374) -12% SE:E: "BUOGETEP CAPITAL IMPROVEMENTS" FOR PETAIL 1,153,629 s 665,056 3,545,810 3% ' $ 108,031 3,117,436 '' ' (428,374) -12% 7,747,831 s 4,047,743 $ 7,349,004 $ 1,560,387 23% 6,920,630 Available Cash Balance. EOY 6,094,347 5,982,941 $ ' ' 1,790,117 ' 5,698,525 ' 2,876,311 $ 1,086,194 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget• Non-General Funds Actual As % Change Original Budget Actual Thru June %of Revised Estimate Change From From Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2001 Original (!~ginal Comments 590 Sewer Fund Available Cash Balance. BOY $ 405,280 787,448 482,811 s Revenues $ ' ' 1,445,721 $ 1,445,721 962,910 Special assessments $ s State grants State shared revenue ' ' $ $ Charges for services 3,649,614 3,989,052 4,200,000 1,118,982 4,200,000 0% Interest income 27,684 54,362 40,000 34,292 40,000 0% Operating transfers ln 87,474 46,000 46,000 0% EDA$46M Othec 62,881 45,967 30,000 24,825 30,000 0% 3,827,653 $ 4,089,381 $ 4,316,000 s 1,178,079 4,316,000 30548 Operating Expenditures Administration ' $ 0% 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services $ 278,848 ' 269,957 ' 683,849 $ 169,437 NIA NIA 25% ' 683,649 $ 0% INSURANCE/INDIRECT COSTS/UTILITY ADMININISTRATION FEE 5400 Other Expenses 3,060 13,098 NIA 5700 Capital Outlays 45 45 NIA l1,.:, 5900 Other Financing Uses 237,637 216,776 197,228 0% 197,228 0% INTEREST '-l Other Cash Uses and Adjustments 1e.9 .. Debt Princieal) 191,244 714,61g 400,051 0% 400,051 0% _e_Rli'JCIPAL 710,834 1,214,495 1,280,928 169,437 60559 Operating Expenditures Maintenance ' ' ' $ 13% ' 1,280,928 $ 0% 5100 Salaries & Benefits 523,428 551,757 689,031 s 5200 5300 Operating Supplies Contractual Services ' 48,439 1,561,003 ' 50,955 1,346,297 ' 55,252 1,737,935 $ 314,419 17,169 746,629 46% 31% 43% ' 689,031 55,252 1,737,935 0% 0% 0% 5400 Other Expenses 2,617 3,992 2,800 1,170 42% 2,800 0% 5700 Capital Outlays 334 8,380 15,000 16,666 111% 15,000 0% 5900 Other Financing Uses NIA s 2,135,821 1,961,381 2,500,018 s 1,096,053 44% 90000 Project Expenditures ' ' ' 2,500,018 $ 0% 5200 Operating Supplies s s s 5300 5700 Contractual Services Capital Outlays ' 598,830 ' 255,232 ' 490,000 11,196 NIA 1% NIA 954,374 464,374 95% SE'.'E "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL s 598,830 255,232 490,000 s 1% s s 3,445,485 '' 3,431,108 $ $ 4,270,946 $ 11,196 1,276,686 27% $ 954,374 4,735,320 $ 464,374 95% s s s Available Cash Balance - EOY 787,448 ' 1,445,721 527,865 1,347,114 $ 1,026,401 $ 498,536 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget Budgeted Capital Improvements 1st Quarter 2nd Quarter Original Responsibility Budget Budget Comments Budget Reforecast Reforecast 2001 PROJECTS 1fil General Fund 99015 City Hall Tuckpointing AI-Shatel $ 25,000 $ 32,000 $ 47,000 Addl'I Wor!( BeITTg Done Due to Favorable cemetery Bids (see 99019) 90023 Police Department Parklng Lot AJ-Shatel 35,000 28,000 28,000 Favorable Bids 90012 Stom,water Management Mandates Kuhn 50,000 50,000 50,000 90024 Treasury Management Software Smith 35,000 35,000 35,000 99012 Geographic Information System (GIS) Maurer 25,000 25,000 25,000 99019 Restlawn Office Renovation (Phase I) Scott 75,000 75,000 60,000 Favorable Bids 245,000 245,000 245,000 ,IQ! Public: lmormremMt fund 99020 Seaway-Hackley Industrial Park Property Acquisition Brubaker-Clarke 425,600 425,600 650,000 Property Acquismon Costs Higher than Anticiapted' Fire Inspector's Car Simpson 25,000 24,284 24,284 Fire Chiefs Car Simpson 24,284 24,284 Hovercraft Simpson 25,000 --- 475,600 474,168 698,568 ~ w. Maior Streets ""' 90020 99035 97036 Barney, Valley to Roberts Sherman, Glenside to Lincoln Laketon, Wood to Peck Al-Shale! AI-Shate! Al-Shale[ 300,000 850,000 300,000 850,000 300,000 850,000 $560,000 Grant 350,000 350,000 450,000 $150,000 Grant; Costs Higher Than Anticipated 90011 Barclay, Sherman to Hackley AI-Shatel 600,000 600,000 600,000 $366,000 Grant 90019 Division, Laketon to Southern (1535') AI-Shatel 200,000 8,000 8,000 Project cancelled • Special Assessment Not Approved 96017 Shoreline Dr (incl Terrace Extension, Spring & Western) AI-Shatel 300,000 300,000 50,000 Significant Costs Wonl be Incurred Until 2002 96059 Handicap Sidewalk Ramps AI-Shatel 50,000 50,000 50,000 State's Job (US31 and Bridges/City Share) AI-Shatel 125,000 ProJec:ts 90033/90036 (Below) 90036 M120 - Over Muskegon River AI-Shatel 100,000 100,000 90033 Marquette Over US31 AI-Shatel 11,000 11,000 90021 Sixth, Houston to Muskegon AI-Shatel 85,000 Project Cancelled - Special Assessment Not Approved 90034 Houston, Sanford to First AI-Shatel 120,000 120,000 Replaces Sixth, Houston to Muskegon 98042 RR Crossing Removals Al-Shale! 77,000 77,000 $36,000 State Grant Funding 99020 Seaway-Hackley Industrial Al-Shale! i00,000 100,000 100,000 $70,000 EDA Grant 2,960,000 2,866,000 2,716,000 m Local Streets 99048 Winsdor, Barclay to Henry AI-Shatel 250,000 210,000 210,000 Unspecified Projects AI-Shatel 300,000 90015 Millard, Lake Dunes to West End AI-Shatel 13,000 13,000 Project Cancelled- Special Assessment Not Approved 90018 Nelson, Waton & Rogers AI-Shatel 210,000 210,000 99020 Seaway-Hackley Industrial AI-Shatel 100,000 100,000 100,000 570,000 EDA Grant 98042 RR Crossing Removals AI-Shatel 69,000 69,000 528,000 State Grant Funding 96059 Handicap Sidewalk Ramps AI-Shatel !;iQ QQQ §Q QQQ §Q OQQ 700,000 652,000 652,000 City of Muskegon Quarterly Budget Reforecast and 2001 Proposed Budget Budgeted Capital Improvements 1st Quarter 2nd Quarter Original Responsibility Budget Budget Comments Budget Reforecast Reforecast 2001 PROJECTS §!Z pub[ic Service BuiJdinq 99040 Public Service Building Renovation Kuhn 130,000 130,000 130,000 ID Eauioment Fund Patrol Car Replacements (6) Kuhn 129,000 129,000 129,000 Plow Truck Replacements (1) Kuhn 70,000 70,000 70,000 Sign Truck (1) Kuhn 25,000 25,000 25,000 Vactor Truck (1) Kuhn 175,000 175,000 175,000 Pickup Trucks 3/4 Ton (4) Kuhn 72,000 72,000 72,000 BoxPaver(1) Kuhn 40,000 40,000 40,000 Loader 721 (1) Kuhn 70,000 70,000 70,000 Backhoe Hoe 4x4 Replacement (1) Kuhn 40,000 40,000 40,000 Sunbird Cars (4) Kuhn 45,000 45,000 45,000 Radios and Various Other Minor Equipment Kuhn 80,000 80,000 80,000 ~ 746,000 746,000 746,000 $ 10,092,410 $ 9,982,410 $ 10,060,810 Commission Meeting Date: July 24, 2001 Date: July 12, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic DevelopmentCft~ RE: DDA Plan Amendment SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing on August 28, 2001, for the consideration of amending the Downtown Development Authority Development and Tax Increment Financing Plans. The proposed amendment shall remove the former Teledyne property (Muskegon SmartZone) from the DDA development area. The proposed action is consistent with and necessary for the establishment of the Muskegon Lakeshore SmartZone LDFA. FINANCIAL IMPACT: The DDA currently loses more than $14,000 in tax increment revenue annually due to a decreased assessed value on the Teledyne Property. Removing the property will result in additional tax increment revenues for the DDA. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution COMMITTEE RECOMMENDATION: The Muskegon Downtown Development Authority, at its regular meeting on July 17, 2001, approved a resolution to amend the Development and Tax Increment Financing Plan. 7/12/2001 City of Muskegon County of Muskegon, Michigan 2001-88(f) RESOLUTION CALLING PUBLIC HEARING REGARDING AMENDMENT TO DOWNTOWN DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan, held in the City Hall in said City on the 24th day of July, 2001, at 5:30 o'clock p.m., prevailing Eastern Time. PRESENT: Members Aslakson, Benedict, Nielsen, Schweifler, Shepherd, S ataro ABSENT: Members Sieradzki The following preamble and resolution were offered by Commission Member __S~p_a_t_a_r_o_ _ _ _ _ _ and supported by Commission Member Schwe i fl er WHEREAS, the City of Muskegon (the "City") is authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended ("Act 197"), to create a downtown development authority and to designate its boundaries; and WHEREAS, pursuant to Act 197, the City Commission of the City duly established the Muskegon Downtown Development Authority (the "Authority") which exercises its powers within the Downtown District designated by the City Commission (the "District"); and WHEREAS, the City Commission approved the Authority's Downtown Development Plan and Tax Increment Finance Plan (the "Plan"), for the Development Area described in the Plan on July 12, 1988, pursuant to Ordinance No. 969; and WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989 (the "1989 Amendment") pursuant to Ordinance No. 982; and WHEREAS, the Authority approved a resolution amending the development plan (the "Plan Amendment") for the purpose of removing several parcels from the development area to further encourage economic growth and correcting and preventing deterioration in the business portions of the District; and WHEREAS, it is necessary to conduct a public hearing m connection with the consideration of such Plan Amendment as required by Act 197. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission determines that it is necessary for the best interests of the public to amend the development plan of the Authority pursuant to Act 197 in order to correct and prevent deterioration of property value in the business district in the City and to promote economic growth, and the City Commission hereby declares its intention to adopt the Plan Amendment. 2. There shall be a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o'clock, p.m., prevailing Eastern Time, in the City Hall in the City to consider adoption by the City Commission of an ordinance amending the AUTHORITY boundaries. 3. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing, each time not less than 20 and not more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. The Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City, shall cause the notice to be mailed to the governing body of each taxing jurisdiction levying taxes subject to capture by the Authority, and shall cause the notice to -2- be posted in 20 prominent places in the proposed amended district not less than 20 days prior to the date of hearing. 4. The notice of the hearing shall be in substantially the following form: "3 " NOTICE OF PUBLIC HEARING CITY OF MUSKEGON COUNTY OF MUSKEGON, MICIDGAN ON AN AMENDMENT TO THE DOWNTOWN DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF THE MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan, will hold a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o'clock, p.m., prevailing Eastern Time in the City Commission Chambers, 933 Terrace Street, Muskegon, Michigan, to consider the adoption of an ordinance amending the development plan of the Downtown Development Plan and Tax Increment Finance Plan of the Muskegon Downtown Development Authority pursuant to Act 197 of the Public Acts of Michigan of 1975. The boundaries of the development area to which the Plan applies are as follows: All of those properties lying SEly of Muskegon Lake and NWly of the following Streets in the City of Muskegon: Beg at Muskegon Lake and extension of Southern Avenue SE!y to Lakeshore Drive NE!y to Michigan Avenue, Ely a distance of three blocks to Hudson Street, Sly one block to Washington Avenue, Ely on Washington three blocks to Beidler St., Nly to Webster Avenue, NEly along Webster to Ninth Street, SEly on Ninth to Muskegon Avenue, NEly on Muskegon Avenue a distance of four blocks to Fifth Street, SEly on Fifth to Houston Avenue, NEly on Houston to Fourth Street, SEly on Fourth to Strong Avenue, NEly on Strong one block to Jefferson Street, Nly on Jefferson to Houston Avenue, Ely on Houston to Peck Street, Nly on Peck to Apple Avenue, Ely on Apple to Fork Street, Nly on Fork to Myrtle, NEly to Emerald Avenue, NWly on Emerald to Eastern Avenue, Wly on Eastern to EB Seaway Drive, NEly on EB Seaway to Bayou, NWly on Bayou to WB Seaway Drive, NEly to S branch of Muskegon River, NWly to Ottawa Street, SWly on Ottawa to River Street, Wly to Muskegon Lake. -4- Copies of the proposed amendments to the Development and Tax Increment Finance Plan, maps, etc. are on file at the office of the City Clerk for inspection. At the public hearing, all citizens, taxpayers, and property owners of the City of Muskegon desiring to address the City Commission shall be afforded an opportunity to be heard in regard to the approval of the amendments to the Development and Tax Increment Finance Plan for the Muskegon Downtown Development Authority. FURTHER INFORMATION may be obtained from the City Clerk at (231) 724-6705. This notice is given by order of the City Commission of the Ci~ Jf Muskegon, Michigan. rjo.,1_,Q ~~ Clerk, City of Muskegon -5- 5. All resolutions and parts ofresolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Spataro, As l ak son , Bened ict, Nielsen, Schwe ifler, She herd · NAYS: Members - None ~ ~ - - - - - - - - - - - - - - - - - - -- - - RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on July 24, 2001, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as requirL ,AQ ~ j.,J City Clerk j DELIB:2113553.1\025632-00013 -6- Commission Meeting Date: July 24, 2001 Date: July 12, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development c.-fk/ RE: Resolution of Intent to Create Seaway Industrial Park LDFA SUMMARY OF REQUEST: To approve the attached resolution of intent calling a public hearing regarding the establishment of an LDFA District for the development of the Seaway Business Park. This request is the first step in the creation of the Seaway Business Park LDFA. (Please see the attached timeline for the establishment of the Seaway Business Park LDFA.) FINANCIAL IMPACT: It is anticipated that the LDFA may capture up to an estimated $900,000 in tax increment revenues over a period of 15 years. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution COMMITTEE RECOMMENDATION: None 7/12/2001 Seaway Industrial Park- LDFA District Establishment Process I. Resolution of Intent to Create District (sets date for public hearing)-July 24 2. Public Hearing Date -August 28 3. Approval of Resolution Establishing District - November 13 (not less than 60 days from public hearing) 4. Filing of Resolution Establishing District w/ Secretary of State and Publishing Resolution in Newspaper of General Circulation - November 14 City of Muskegon County of Muskegon, Michigan 2001-SS(g) RESOLUTION OF INTENT CALLING HEARING REGARDING CREATION OF A NEW LOCAL DEVELOPMENT FINANCE AUTHORJTY DISTRJCT Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan, held in the City Hall in said City on the 24th day of July, 2001, at 5:30 o'clock p.m., Eastern Daylight Time. PRESENT:Members As l akson, Benedict, Niel sen, Schwei fl er, Shepherd, S ataro ABSENT:Members- - ~ Sieradzki ~~~--------------------- The following preamble and resolution were offered by Commission Member __S_c_h_w_e_i_f_le_r_ _ _ _ _ and supported by Commission Member Spataro WHEREAS, the City of Muskegon (the "City") is authorized by the provisions of Act 281, Public Acts of Michigan, 1986, as amended ("Act 281"), to create a local development finance authority; and WHEREAS, the City has previously established the Local Development Finance Authority of the City of Muskegon (the "LDF A") which exercises its powers within its district (the "District") pursuant to Act 281; and WHEREAS, it is necessary for the best interests of the public to create a new district, the Seaway Business Park, to be known as LDFA District 4 (the "District") to promote economic growth in the City; and WHEREAS, a proposed resolution creating the new District is being prepared; and WHEREAS, it is necessary to conduct a public hearing m connection with the consideration of such proposed resolution as required by Act 281. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission determines that it is necessary for the best interests of the public to create the new District in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City. 2. The new District subject to the jurisdiction of the LDFA as provided in Act 281 is hereby tentatively designated to be as set forth in Exhibit A attached hereto and made part hereof. 3. There shall be a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o'clock, p.m., Eastern Daylight Time, in the City Hall in the City to consider adoption by the City Commission of a resolution creating the new LDFA District in which the LDF A shall have jurisdiction, and setting out certain procedures in connection therewith. 4. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing. The notice shall be published not less than 20 and not more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. The Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture by the LDF A. 5. The notice of the hearing shall be in substantially the following fo1m: -2- NOTICE OF PUBLIC HEARING CITY OF MUSKEGON COUNTY OF MUSKEGON, MICHIGAN ON THE CREATION OF A NEW DISTRICT OF THE LOCAL DEVELOPMENT FINANCE AUTHORITY TO ALL INTEREST PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan, will hold a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o' clock, p.m., Eastern Daylight Time, in the City Hall, 933 Te1Tace Street, Muskegon, Michigan, to consider the adoption of a resolution creating a new authority district, the Seaway Business Park, to be known as LDFA District 4, for the Local Development Financing Authority of the City of Muskegon, pursuant to Act 281 of the Public Acts of Michigan of 1986, as amended. PROPOSED BOUNDARIES The boundaries of the proposed district as revised within which the local development finance authority shall exercise its powers are as follows: Southeast¼ of the Northwest¼, Section 31, Town 10 No1th, Range 16 West, City of Muskegon, Muskegon County, Michigan Physical Boundaries: Park Street on the West, Hackley Avenue on the South, Seaway Drive on the West, and Young Avenue on the North. At the public hearing, all citizens, taxpayers, and property owners of the City of Muskegon desiring to address the City Commission shall be afforded an opportunity and the bom1daries of the proposed authority district. FURTHER INFORMATION may be obtained from the City Manager at (231) 724-6724. ~ a~~r-- This notice is given by order of the City Commission of the Ciry o: ~skegon, Michigan. Clerk, City of Muskegon -3- 6. All resolutions and paiis of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd NAYS: Members None --------------------------- RESOLUTION DECLARED ADOPTED. ~ oi~~~ City Clerk -4- I hereby ce1tify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on July 24, 2001, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. LO. iln~r City Clerk DELIB:2247213 .1\063684-00O24 -5- Commission Meeting Date: July 24, 2001 Date: July 12, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development MC. RE: Resolution of Intent to Create Smartzone LDFA SUMMARY OF REQUEST: To approve the attached resolution of intent calling a public hearing regarding the establishment of an LDFA District for the development of the Muskegon Lakeshore SmartZone. This request is the first step in the creation of the SmartZone. (Please see the attached timeline for the establishment of the SmartZone LDFA.) FINANCIAL IMPACT: It is anticipated that the LDFA will capture more than an estimated $10 million in tax increment revenue over a period of 15 years for the development of the SmartZone. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution COMMITTEE RECOMMENDATION: None 7/12/2001 1 City of Muskegon County of Muskegon, Michigan 2001-SS(h) RESOLUTION OF INTENT CALLING HEARING REGARDING CREATION OF A NEW LOCAL DEVELOPMENT FINANCE AUTHORITY DISTRICT Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan, held in the City Hall in said City on the 24th day of July, 2001, at 5:30 o'clock p.m., Eastern Daylight Time. PRESENT :Members,_ __,_A,.sul.Ma,,_k"-'so,,.,n.,_, '-----"B.s;_e!.!!ne;;.,dd.Jicccc!<t_,_._JNLLiu;e;_Jl_;:,S_c;elJ_n_,_,~S,,,c,JJhww"-e_,_jfLluear_,,---->lS!.!!he"-Jp,L!h!.Ce.i_r., d_,_.- - - Sp at a r o ABSENT:Members,_ _-"S'--'i-"'e'---ra,, d'--'z'-"k'---'i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The following preamble and resolution were offered by Commission Member --'Spc....a_t-'a_r_o_ _ _ _ _ _ and supported by Commission Member Shepherd WHEREAS, the City of Muskegon (the "City") is authorized by the provisions of Act 281, Public Acts of Michigan, 1986, as amended ("Act 281"), to create a local development finance authority; and WHEREAS, the City has previously established the Local Development Finance Authority of the City of Muskegon (the "LDFA") which exercises its powers within its district (the "District") plll'suant to Act 281; and WHEREAS, it is necessary for the best interests of the public to create a new district, the Muskegon Lakeshore SmartZone, to be known as LDFA District 3 (the "District") to promote economic growth in the City; and WHEREAS, a proposed resolution creating the new District is being prepared; and WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed resolution as required by Act 281. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission determines that it is necessary for the best interests of the public to create the new District in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City. 2. The new District subject to the jurisdiction of the LDFA as provided in Act 281 is hereby tentatively designated to be as set forth in Exhibit A attached hereto and made part hereof. 3. There shall be a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o'clock, p.m., Eastern Daylight Time, in the City Hall in the City to consider adoption by the City Commission of a resolution creating the new LDFA District in which the LDFA shall have jurisdiction, and setting out certain procedures in connection therewith. 4. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing. The notice shall be published not less than 20 and not more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. The Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture by the LDFA. 5. The notice of the hearing shall be in substantially the following form: -2- NOTICE OF PUBLIC HEARING CITY OF MUSKEGON COUNTY OF MUSKEGON, MICHIGAN ON THE CREATION OF A NEW DISTRICT OF THE LOCAL DEVELOPMENT FINANCE AUTHORITY TO ALL INTEREST PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan, will hold a public hearing on Tuesday, the 28th day of August, 2001, at 5:30 o'clock, p.m., Eastern Daylight Time, in the City Hall, 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution creating a new authority district, the Muskegon Lakeshore SmartZone, to be !mown as LDFA District 3, for the Local Development Financing Authority of the City of Muskegon, pursuant to Act 281 of the Public Acts of Michigan of 1986, as amended. PROPOSED BOUNDARIES The boundaries of the proposed district as revised within which the local development finance authority shall exercise its powers are as follows: Parcel Description: Block 554, and Lots 6, 7 and 8 of Block 558, of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records, lying Northerly of a line described as: Commence at the intersection of the Northeasterly line of Terrace Street, being the Southwesterly line of Block 557 extended to the centerline of vacated Water Street; thence North 62°44'00" West 381.45 feet along the northeasterly right of way line of Terrace Street; thence Westerly 269.86 Feet, along said northeasterly right of way line, said line being a 302.48 foot radius curve to the left with a central angle of 51°07'00" and a chord which bears North 88°17'30" West 261.00 feet, to the line between Lots 5 and 6 of said Block 558; thence North 46°09'15" West 85.84 feet, along said line, to the PLACE OF BEGINNING OF THIS DESCRIPTION: Thence Northeasterly 635.15 feet along a 803.25 foot radius curve to the right, having a central angle of 45°18'19" and a chord which bears North 70°04'05" East 618.73 feet; thence South 87°16'46" East 222.59 feet; thence North 02°43'14" East 55.00 feet; thence South 87°16'46" East 120.00 feet; thence South 02°43'14" West 55.00 feet; thence South 87°16'46" East 904.15 feet; thence Northeasterly 548.72 feet, along a 1272.34 foot radius curve to the left, having a central angle of 24°42'35" and a chord which bears North 80°21 '56" East 544.48 feet to the place of ending. EXCEPT THE FOLLOWING Part of Block 558, commence at the intersection of the Northeasterly line of Terrace Street extended to the centerline of vacated Water Street; thence North 62 degrees 44 minutes 00 seconds West along the Northeasterly line of Terrace Street extended 381.45 feet; thence -3- Westerly along the arc of a 302.48 foot radius curve to the left 269.86 feet to the line between Lots 5 and 6 of said Block 558 (long chord bears North 88 degrees 17 minutes 30 seconds West 261 feet); thence North 46 degrees 9 minutes 15 seconds West along said line between Lots 5 and 6, 534.25 feet to the place of beginning; thence North 27 degrees 25 minutes 55 seconds East 925.82 feet to a point referred to as Point "A"; thence continue North 27 degrees 25 minutes 55 seconds East 5 feet, more or less, to the shore of Muskegon Lake; thence Northwesterly and Southwesterly along the shore of Muskegon Lake 1350 feet, more or less; thence South 46 degrees 9 minutes 15 seconds East along said line between Lots 5 and 6, 820 feet, more or less, to the place of beginning. Property Commonly Known As: Former Teledyne Continental Motors Site At the public hearing, all citizens, taxpayers, and property owners of the City of Muskegon desiring to address the City Commission shall be afforded an opportunity and the boundaries of the proposed authority district. FURTHER INFORMATION may be obtained from the City Manager at (231) 724-6724. This notice is given by order of the City Commission of the City of Muskegon, Michigan. Clerk, City of Muskegon -4- 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Membnrs Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Spataro NAYS: Members - None - - - - -- - - - - - - - - - - -- - - -- - - - - RESOLUTION DECLARED ADOPTED. -4- I hereby ce1iify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on July 24, 2001, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. , / JiuJ- Q. ~kfv City Clerk DELIB:2247075.1\063684-0001 7 -5- Muskegon Lakeshore SmartZone - LDFA District Establishment Process 1. Resolution of Intent to Create District (sets date for public hearing) -July 24 2. Public Hearing Date -August 28 3. Approval of Resolution Establishing District - November 13 (not less than 60 days from public hearing) 4. Filing of Resolution Establishing District w/ Secretary of State and Publishing Resolution in Newspaper of General Circulation - November 14 Commission Meeting Date: July 24, 2001 Date: July 16, 2001 To: Honorable Mayor & City Commission From: Planning & Economic Development Department C(6 C RE: Muskegon Area Plan- Funding Request SUMMARY OF REQUEST: To approve the attached resolution authorizing a contribution from the City of Muskegon for the Muskegon Area Plan, in the amount of $12,301, to be paid for over the next two fiscal years. FINANCIAL IMPACT: The contribution from the City of Muskegon will be $12,301, which will be paid over the next two fiscal years. BUDGET ACTION REQUIRED: The portion to be paid from the 2001 Budget year, in the amount of $6,150.50, will come from the City of Muskegon General Fund Contingency account. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and City Clerk to sign. COMMITTEE RECOMMENDATION: The City Commission Working Session discussed the MAP process on May 7, 2001 and were in favor of the concept. Resolution No. 2001 -88 ( i) MUSKEGON CITY COMMISSION MUSKEGON AREA PLAN - FUNDING REQUEST WHEREAS, the Muskegon Area Wide Plan Steering Committee comprised of local officials in Muskegon County assisted by the West Michigan Shoreline Regional Development Commission is in the process of initiating a County-wide Comprehensive Plan. WHEREAS, the City of Muskegon through a previous resolution has indicated its support for this planning process and designated a representative to the Steering Committee. WHEREAS, the Steering Committee has adopted a budget requesting a financial commitment of $12,301.00 to be paid over the next two years. NOW THEREFORE be it resolved that the City of Muskegon agrees to make this contribution in accordance with this time schedule. Adopted this 24th day of July, 2001 Ayes: Benedict , Niel sen, Schwe i fler, Shepeh r d, Spat aro , As l akso n Nays: None Absent: Si e r adzki I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on July 24, 2001. r.:1-Md Lf- WEST MICHIGAN SHORELINE 'j' REGIONAL DEVELOPMENT COMMISSION June 19, 2001 Mr. Fred Nielsen Mayor City of Muskegon 933 Terrace Street P. 0. Box 536 . Muskegon, Ml 49443-0536 Dear Mr. Nielsen, I am writing to give you an update on the Muskegon Area-wide Plan (MAP) and to request additional support for this project. After several meetings of the MAP Steering Committee, the project is ready to proceed. It is anticipated that the total cost to complete the MAP will be approximately $200,000. Some of the sources for funding the project will include State/Federal Agencies, private business, community foundations, and local government. Please see the enclosed budget titled "Proposed Funding" for more information. At this time the MAP Steering Committee is requesting a financial commitment from your municipality in the amount of $12,301 to be paid over the next two fiscal years. This dollar figure was determined by your municipality's percentage of population within Muskegon County and State Equalization Values (SEV's). A list of the dollar amounts being requested from each municipality is included within this packet. Enclosed is a sample resolution if your community chooses to financially support the MAP project. Once signed, please return a copy of the resolution to the West Michigan Shoreline Regional Development Commission at P.O. Box 387, Muskegon, Ml 49443 by August 31, 2001. Feel free to contact me if you and your Board of Commissioners would like additional information or would like a representative of he MAP Steering Committee to speak with you regarding the MAP project. If you have any questions regarding this request, please contact me at (231) 744-2454 or Sandeep Dey, Executive Director, West Michigan Shoreline Regional Development Commission at (231) 722-7878 extension 117. Thank you for your consideration regarding this matter and I look forward to working with you cooperatively, as we prepare a blueprint for our county's future. F<ECEIVEO_: JUI'\ ~2- :._ 200 I Laketon Township Supervisor MIJSl<:.EG.01\1 ClJV w:!,NJ\Cgn•s 01:":lCG 137 MUSKEGON MALL _ , _....... ~ (23 ) 722•7878 k ' r ~ , . -- • P.O. BOX 387 MUSKEGON, MICHIGAN 49443-0387 FAX (231) 722-9362 WWWW MSRDC.COM E-MAIL: WMSRDC@WMS RDC.ORG MAP Participating Communities (current) Blue Lake Township Cedar Creek Township Dalton Township Egelston Township Fruitland Township Fruitport Township Village of Fruitport Holton Township Laketon Township City of Montague Muskegon Township City of Muskegon City of Muskegon Heights County of Muskegon City of North Muskegon City of Norton Shores Ravenna Township Village of Ravenna City of Roosevelt Park Sullivan Township Whitehall Township City of Whitehall 6/12/01 PROPOSED FUNDING Muskegon Area-wide Plan Funding January 2001 - December 2002 Local Government ................................................................................................ $70,000 Muskegon County ...................................................................... $14,345 Cities, Townships, and Villages ................................................. $55,655 Community Foundations ....................................................................................... $50,000 WMSRDC ............................................................................................................... $5,000 (Approximately $10,000 in costs already donated) State/Federal Agencies ........................................................................................ $50,000 Private .................................................................................................................. $25,000 Consumers Energy ...................................................................... $5,000 MichCon ....................................................................................... $2,500 ................................................................................. ($5,000 committed) Other .......................................................................................... $17,500 TOTAL ............................................................................................. $200,000 (estimated) M/\P funding.xis 2001 Fee Schedule MAP LOCAL FUNDING PROPOSAL Target--> $ 55,000 SEV Rate/ Million -> $ 4.75 Dollar per person -> $ 0.23 .- - -----. UNIT Pop 2_000 Total SEV SEV Rate Pop rate Total ----· City of Montague 2,407 $ 64,818,000 $ 308 $ 554 $ 861 City of Muskegon 40,105 $ 647,683,400 $ 3,076 $ 9,224 $ 12,301 City of Muskegon Hts. 12,049 $ 124,609,100 $ . 592 $ 2,771 $ 3,363 ciiy of Norton Shores 22,527 $ 640,105,400 $ 3,041 $ 5,181 $ 8,222 city of No. Muskegon 4,031 $ 118,417,000 $ 562 $ 927 $ 1,490 City of Roosevelt Park 3,890 . $ 96,195,000 $ 457 $ 895 $ 1,352 C:i!Y of Whitehall 2,884 $ 95,690,100 $ 455 . $ 663 $ 1,118 Blue Lake Twp 1,990 $ 45,283,811 $ 215 $ 458 $ 673 Casnovia Twp 2,337 $ 50,254,200 $ 239 $ 538 $ 776 Cedar Creek Twp 3,109 $ 50,805,208 $ 241 $ 715 $ 956 Dallon Twp 7,041 $ 131,938,000 $ 627 $ 1,619 $ 2,246 ~!l_elston 9,537 $ 136,694,500 . $ 649 $ 2,194 $ 2,843 ·-·- Fruitland 5,235 $ 183,726,400 $ 873 $ 1,204 $ 2,077 Fruitport Twp 11,409 $ 252,674,700 $ 1,200 $ 2,624 $ 3,824 ~llori Twp 2,532 $ 37,238,264 $ 177 $ 582 $ 759· Laketon _Twp 7,363 $ 161,063,500 $ 765 $ 1,693 $ 2,459 -~------ 377 568 Montague Twp 1,637 $ 40,412,500 $ 192 $ $ Moorland Twp 1,616 $ 29,710,400 $ 141 $ 372 $ 513 Muskegon Twp 17,737 $ 304,295,100 $ 1,445 $ 4,080 $ 5,525 Ravenna Twp 1,650 $ 38,564,000 $ 183 $ 380 $ 563 - --·-- -----· --~477' Sullivan Twp $ 46,752,500 $ 222 $ 570 $ 792 ----· ·----· While River Twp 1,338 $ 72,183,600 $ 343 $ 308 $ 651 ~hiiehall Twp 1,648 $ 43,300,200 $ 206 $ 379 $ 585 Village of Casnovia 315 $ 2,845,500 $ 14 $ 72 $ 86 Village of Fruitport 1,124 $ 23,883,600 $ 113 $ 259 $ 372 Village of Lakewood Club 1,006 $ 11,708,700 $ 56 $ 231 $ 287 Village of Ravenna 1,206 $ 24,682,400 $ 117 $ 277 $ 395 Unit total $ 170,200 $ 3,475,535,083 $ 16,509 $ 39,146 $ 55,655 Muskegon County $ 14,345 Local Total $ 70,000 Muskegon Area-wide Plan (MAP) INFORMATION SHEET What is the MAP? • The MAP is a grassroots effort by local units of government to create a comprehensive county-wide master plan. • The Plan will address land use, planning, and development issues facing local municipalities, as well as issues that cross jurisdictional boundaries. • The MAP project will consist of three phases including community visioning (phase I), plan development (phase II), and plan implementation (phase Ill). How can the MAP help my community? • The MAP will give your community a voice in the future direction of Muskegon County. • The MAP will allow your community to raise and address issues you are facing. • The MAP will also allow you and your residents to voice your community's future wishes to the rest of the county. • The MAP will help to control or promote growth in your community. • The MAP will help to promote intergovernmental cooperation. • The MAP can assist with addressing watershed management issues within your community. • Completion of the MAP may also make additional funding sources available to your community. · What sources are being used to fund the MAP? • Local Government • State/Federal Agencies • Community Foundations • Private How does the MAP and the West Michigan Strategic Alliance relate? • The West Michigan Strategic Alliance is a collaborative effort of the Western Michigan region by governmental units, businesses, institutions, and private citizens to create a common regional vision for the next 25 years. • The timing of the MAP and the Alliance is favorable for working together to help address issues raised throughout these efforts. How does the MAP relate to the proposed Coordinated Planning Act? • If the Coordinated Planning Act is passed, the timing would correlate with the development of the MAP document to comply with the new law. • The completed MAP document would pave the way for each local unit to create and update planning documents within each municipality based on the requirements set forth in the Coordinated Planning Act. The MAP will help to give direction to future community leaders. • The MAP will provide a future blue print of Muskegon County to assist community leaders in making decisions.
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