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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 12, 2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
a. Goodwill Industries International Employer of the Year Award
o PRESENTATIONS:
o CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Consideration of Bids Barney Ave.. Valley to Roberts
ENGINEERING
c. Sealed Bid Equipment Sale PUBLIC WORKS
d. Budgeted Equipment Purchase. PUBLIC WORKS
e. Budgeted Equipment Purchase Portable Radios. PUBLIC WORKS
f. Julie hackley Intern Wages 2001. AFFIRMATIVE ACTION
g. Lakeshore Pathway - Kirksey Property. PLANNING & ECONOMIC
DEVELOPMENT
h. Selection of Painters for the City Paint Program. COMMUNITY
RELATIONS
i. Quitclaim Deed for Streets in Harbour Towne. CITY MANAGER
j. Fireworks Display - Summer Celebration CITY CLERK
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Donation Request from Miss Michigan Scolarship Program {Tabled
from May 22. 2001 meeting). CITY MANAGER
b. Pere Marquette Request for Proposals. LEISURE SERVICES
c. Cross Lake Ferry Committee (Tabled from May 22 2001 meeting}.
CITY MANAGER
• NEW BUSINESS:
a. Downtown Development Authority Bond Refunding - Parameters
Resolution. FINANCE
b. Selection of Contractor for New Construction at 1706 Jarman.
COMMUNITY & NEIGHBORHOOD SERVICES
c. Disclosure of Potential Conflict of Interest Under Community
Development Block Grant Program. COMMUNITY &
NEIGHBORHOOD SERVICES
d. Selection of Paint Supplier. WATER
e. Selection of Contractor for Rehabilitation of City Owned Structure
at 315 Catawba. COMMUNITY & NEIGHBORHOOD SERVICES
f. Resolution in support of House Resolution #15, regarding directional
drilling under the Great Lakes. COMMUINITY RELATIONS
COMMIITTEE
g. Resolution Recognizing Muskegon Western Little League Baseball,
LLC. Of Muskegon as non-profit organization for the purpose of
obtaining a Gaming License. CITY CLERK
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY-FOUR-HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!L A. KUNDINGER, CITY
CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
2001-62{a)
Q1ity nf
P'R<.9CLAMA ,ION
Goo-clw{ll, I ~v~ I V\tevviat-'L01'1.alt
Lav~ Em;pl,oyev of the,, Year A wavd,;
JU,r.tl£/1, 2001
WHEREAS the City Of Muskegon wishes to congratulate Roger Eikenberry, President/Owner of Plumbs Inc., on the
distinction of Goodwill Industries International Large Employer of the Year; and
WHEREAS the City Of Muskegon is proud to have such a strong partnership with Goodwill Industries; and
WHEREAS the City Of Muskegon is truly th'ankful to have such a fine Company, which shows care, concern and
value to the participants of Goodwill Industries; and
WHEREAS we publicly acknowledge the effort put forth in providing hands-on-training for the Retail and Customer
Service training Program. Plumb's has always held a non-disciminatory philosophy concerning its employees and
currently employs 56 full-time and 14 part-time people with disabilities or other barriers to employment; and
THEREFORE, NOW BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of Muskegon, and speaking on
behalf of the City Commission, call upon all citizens of Muskegon to join in congratulating Roger Eikenberry and the
Plumb's Stores for this prestigious award.
IN WITNESS WHEREOF, We hereunto set our hand and cause the seal of the
City of Muskegon to be affixe/2is 1st day of Jun 01.
~
_~d:..:::'-'e'.!'.IA.,4)="'-e:c./L__,_.L&llcb.'::.,,;A!<:;L~
Fred J. Niefs , Mayor
Scott Sieradzki, Vice Mayor
/ .,_, ( 7·--
John Aslakson, Commissioner
---;:
, ~ - ·- ~ - -!OTARV PUBLICMUSKEGON CO., Ml
MY COMMISSION 1:XPIRES Jun 25, 2004
G :\edsi\Files\00 100\087202\D EDICA Tl\919483. DOC
ACCEPTANCE OF DEDICATION AND CONVEYANCE
The dedication set forth above, and the conveyance from John Darien Homes, Inc., by
quit-claim deed, is hereby accepted by the City of Muskegon, Michigan
Date of acceptance: _ Ju-""--"''-!.n,_e..
=-----'-
/ .:f?.
. .:,___ _, 2001
WITNESSES: CITY OF MUSKEGON
~da ~ By ~ ~
Fred lNielsenayor' /
And ~ 0-~~~
Gail A . Kundinger, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this / flJ, day of Ju /1 e,, ,
2001, by Fred J. Nielsen and Gail A. Kundinger, Mayor and Clerk, respectively, for and on
behalf of the CITY OF MUSKEGON.
Notary Public, Muskegon County, Michigan
My commission expires: 7 - c? S- - o -?,
Prepared by and when recorded return to:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\edsi\Files\00100\087202\DEDICATl\9I9483.DOC
LEGAL DESCRIPTION
EAST AND WEST HARBOUR TOWNE CIRCLE DRIVE
66-FOOT WIDE RIGHT-OF-WAY
A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC TO BE KNOWN AS HARBOUR
TOWNE DRIVE; LYING WITHIN THE PARCEL OF LAND COMMONLY KNOWN AS HARBOUR
TOWNE; BEING A PORTION OF BLOCK 742, BLOCK 740, BLOCK 737, BLOCK 749 AND BLOCK 751,
OF THE REVISED PLAT OF THE CITY OF MUSKEGON, AND ALSO INCLUDING LOTS 8-14, BLOCK
752, LOTS 1-5 AND 10-14 AND VACATED ALLEY ADJACENT THERETO, BLOCK 755, REVISED PLAT
OF THE CITY OF MUSKEGON, AND ALSO INCLUDING LOTS 8-14, BLOCK 756, CENTRAL LAND
COMPANY SUBDIVISION, LOTS 1-7, BLOCK 756 OF THE REVISED PLAT OF THE CITY OF
MUSKEGON, LOTS 8-10, BLOCK 762, CENTRAL LAND COMPANY SUBDIVISION NO. 1, LOTS 7-11,
BLOCK 751, LOTS 7-11, BLOCK 751, REVISED PLAT OF THE CITY OF MUSKEGON, ALL LYING
WITHIN SECTION 28, TOWN 10 NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON
COUNTY, MICHIGAN. SAID 66-FOOT WIDE RIGHT-OF-WAY LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF BLOCK 747 OF THE REVISED PLAT OF THE
CITY OF MUSKEGON;
THENCE SOUTH 84 DEGREES 05 MINUTES 58 SECONDS WEST ALONG THE WESTERLY
EXTENSION OF THE SOUTHERLY LINE OF FULTON STREET, A DISTANCE OF 49.65 FEET;
THENCE NORTH 33 DEGREES 31 MINUTES 25 SECONDS WEST ALONG THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF BLUFF STREET, A DISTANCE OF 38.76 FEET FOR THE POINT OF
BEGINNING. SAID POINT OF BEGINNING LYING SOUTH 31 DEGREES 02 MINUTES 08 SECONDS
WEST, A DISTANCE OF 52.14 FEET FROM THE CENTERLINE OF RELOCATED FULTON STREET.
FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE SOUTH 31 DEGREES 02 MINUTES
08 SECONDS WEST, A DISTANCE OF 135.73 FEET TO A POINT OF CURVATURE;
THENCE LONG A 513.97 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 216.73 FEET
TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF SOUTH 18 DEGREES 57 MINUTES 19 SECONDS WEST, 215.13 FEET;
THENCE SOUTH 06 DEGREES 52 MINUTES 30 SECONDS WEST, A DISTANCE OF 609.04 FEET TO
A POINT OF CURVATURE;
THENCE ALONG A 385.61 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 399.85
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 22 DEGREES 49 MINUTES 51 SECONDS EAST, 382.18 FEET;
THENCE SOUTH 52 DEGREES 31 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.07 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE CONTINUING SOUTH 52 DEGREES 31 MINUTES 12 SECONDS EAST, A DISTANCE OF
94.93 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 405.21 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 51.01
FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "C"; SAID CURVE HAVING A CHORD
BEARING AND DISTANCE OF SOUTH 48 DEGREES 55 MINUTES 47 SECONDS EAST, 50.98 FEET;
RECOMMENCING AT THE AFOREMENTIONED POINT OF CURVATURE, THENCE ALONG SAID
405.21 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 269.59 FEET TO THE POINT
OF TANGENCY OF SAID CURVE, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF
SOUTH 33 DEGREES 28 MINUTES 36 SECONDS EAST, 264.65 FEET;
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THENCE SOUTH 14 DEGREES 25 MINUTES 00 SECONDS EAST, A DISTANCE OF 111.72 FEET TO
A POINT OF CURVATURE;
THENCE ALONG A 1161.51 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 218.67
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 19 DEGREES 48 MINUTES 36 SECONDS EAST, 218.35 FEET;
THENCE SOUTH 25 DEGREES 12 MINUTES 12 SECONDS EAST PARALLEL WITH THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF DEWEY STREET, A DISTANCE OF 304.19 FEET TO A
POINT OF CURVATURE;
THENCE ALONG A 298.26 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 337.20
FEET TO THE PINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 57 DEGREES 35 MINUTES 31 SECONDS EAST, 319.53 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 46 SECONDS EAST PARALLEL WITH THE SOUTH
LINE OF BLOCK 737, REVISED PLAT OF THE CITY OF MUSKEGON, A DISTANCE OF 105.00 FEET
TO A POINT OF CURVATURE;
THENCE ALONG A 361.28 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 365.33
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 61 DEGREES 03 MINUTES 07 SECONDS EAST, 349.96 FEET;
THENCE NORTH 32 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.00 FEET TO A
POINT OF CURVATURE;
THENCE ALONG A 583.32 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 367.36
FEET TO A POINT OF REVERSE CURVATURE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF NORTH 14 DEGREES 02 MINUTES 30 SECONDS EAST, 361.32 FEET;
FROM SAID POINT OF REVERSE CURVATURE THENCE ALONG A 564.06 FOOT RADIUS TO THE
RIGHT, AN ARC DISTANCE OF 283.86 FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID
CURVE HAVING A CHORD BEARING AND DISTANCE OF NORTH 10 DEGREES 25 MINUTES 00
SECONDS EAST, 280.87 FEET;
THENCE NORTH 24 DEGREES 50 MINUTES 00 SECONDS EAST, A DISTANCE OF 106.16 FEET TO
A POINT OF CURVATURE;
THENCE ALONG A 344.70 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 69.98 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; SAID CURVE HAVING A CHORD
BEARING AND A DISTANCE OF NORTH 19 DEGREES 01 MINUTES 06 SECONDS EAST, 96.86
FEET;
RECOMMENCING AT THE AFOREMENTIONED POINT OF CURVATURE, THENCE ALONG SAID
344.70 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 138.12 FEET TO THE POINT
OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF
NORTH 13 DEGREES 21 MINUTES 15 SECONDS EAST, 137.20 FEET;
THENCE NORTH 01 DEGREES 52 MINUTES 29 SECONDS EAST, A DISTANCE OF 145.39 FEET TO
A POINT OF CURVATURE;
THENCE ALONG A 412.04 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 271.12
FEET TO THE POINT OF TANGENCY. SAID CURVE HAVING A CHORD BEARING AND DISTANCE
OF NORTH 16 DEGREES 58 MINUTES 32 SECONDS WEST 266.25 FEET;
THENCE NORTH 35 DEGREES 49 MINUTES 31 SECONDS WEST, A DISTANCE OF 5.82 FEET TO A
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POINT HEREINAFTER REFERRED TO AS POINT "E";
THENCE CONTINUE NORTH 35 DEGREES 49 MINUTES 31 SECONDS WEST, A DISTANCE OF
77.10 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 271.01 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 222.59
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 59 DEGREES 21 MINUTES 15 SECONDS WEST, 216.38 FEET;
THENCE NORTH 82 DEGREES 53 MINUTES 01 SECONDS WEST, A DISTANCE OF 186.90 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS OF A 50 FOOT RADIUS CUL-DE-SAC.
PIGEON HILL COURT
A 66-FOOT RIGHT-OF-WAY
A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT "E", THENCE SOUTH 54 DEGREES 55 MINUTES
29 SECONDS WEST, A DISTANCE OF 92.00 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 241.56 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 86.08
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 65 DEGREES 07 MINUTES 59 SECONDS WEST, 85.62 FEET;
THENCE SOUTH 75 DEGREES 20 MINUTES 29 SECONDS WEST, A DISTANCE OF 96.50 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC.
SAND DOCK COURT
SOUTHERLY CUL-DE-SAC EAST OF LAGOON
A 66-FOOT RIGHT-OF-WAY
A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING
AT THE AFOREMENTIONED POINT "D," THENCE NORTH 69 DEGREES 10 MINUTES 00 SECONDS
WEST, A DISTANCE OF 89.00 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 301.19 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 156.39
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 84 DEGREES 02 MINUTES 30 SECONDS WEST, 154.64 FEET;
THENCE SOUTH 81 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 91.00 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC.
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SANDBAR COURT
CUL-DE-SAC WEST OF LAGOON
A 66-FOOT RIGHT-OF-WAY
A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT "C," THENCE NORTH 41 DEGREES 27
MINUTES 48 SECONDS WEST, A DISTANCE OF 113.21 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 114.65 FOOT RADIUS TO THE LEFT, AN ARC DISTANCE OF 110.55 FEET TO
THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF NORTH 13 DEGREES 50 MINUTES 18 SECONDS WEST, 106.32 FEET;
THENCE NORTH 13 DEGREES 47 MINUTES 12 SECONDS WEST, A DISTANCE OF 30.00 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC;
DRAINAGE EASEMENT ON THE NORTH SIDE OF THE PROPOSED MARINA
AN EASEMENT BEING 20 FEET IN WIDTH FOR THE PURPOSES OF CONSTRUCTION AND
MAINTENANCE OF STORM SEWER AND PUBLIC UTILITIES LYING WITHIN SECTION 28, TOWN 10
NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN. SAID
EASEMENT BEING 10.00 FEET LEFT OF AND 10.00 FEET RIGHT OF, AS MEASURED AT RIGHT
ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT A POINT BEING THE NORTHWEST CORNER OF BLOCK 747, 1903 REVISED
PLAT OF THE CITY OF MUSKEGON AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGON
COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN;
THENCE SOUTH 84 DEGREES 05 MINUTES 58 SECONDS WEST ALONG THE WESTERLY
EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF FULTON STREET, A DISTANCE OF
49.65 FEET;
THENCE NORTH 33 DEGREES 31 MINUTES 25 SECONDS WEST ALONG THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF BLUFF STREET, A DISTANCE OF 38.76 FEET;
THENCE SOUTH 31 DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 135.73 FEET TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT (SAID CURVE DATA BEING: DELTA= 21
DEGREES 09 MINUTES 38 SECONDS, R =513.97 FEET, ARC= 216.73 FEET, T =110.00 FEET, L.C.
= 215.13 FEET, L.C.B. = SOUTH 18 DEGREES 57 MINUTES 19 SECONDS WEST);
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
216.73 FEET TO THE POINT OF TANGENCY OF SAID CURVE TO THE LEFT;
THENCE SOUTH 06 DEGREES 52 MINUTES 30 SECONDS WEST, A DISTANCE OF 187.15 FEET;
THENCE SOUTH 87 DEGREES 21 MINUTES 34 SECONDS EAST, A DISTANCE OF 33.09 FEET FOR
THE POINT OF BEGINNING.
SAID POINT OF BEGINNING BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST
HARBOUR TOWNE CIRCLE.
THENCE CONTINUE SOUTH 87 DEGREES 21 MINUTES 34 SECONDS EAST, A DISTANCE OF
100.00 FEET;
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THENCE NORTH 67 DEGREES 38 MINUTES 26 SECONDS EAST, A DISTANCE OF 146.00 FEET TO
A POINT OF TERMINUS.
IN DIANA STREET EXTENSION
A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC BEING AN EXTENSION OF
IN DIANA STREET, LYING 33 FEET EACH SIDE, AS MEASURED AT RIGHT ANGLES, OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT "B" FOR THE POINT OF BEGINNING,
THENCE SOUTH 57 DEGREES 40 MINUTES 18 SECONDS WEST, A DISTANCE OF 44.45 FEET TO
A POINT OF CURVATURE;
THENCE ALONG AN 803.11 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 99.87
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 61 DEGREES 14 MINUTES 03 SECONDS WEST, 99.81 FEET, TO THE
TERMINUS POINT OF SAID CENTERLINE DESCRIPTION.
SAID TERMINUS POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF INDIANA STREET AS
PLATTED, AND LYING SOUTH 64 DEGREES 47 MINUTES 48 SECONDS WEST, A DISTANCE OF
413.50 FEET FROM A POINT ON THE CENTERLINE OF THE RIGHT-OF-WAY OF BEACH STREET.
ALSO EXCEPT:
COMMENCING AT THE NORTHWEST CORNER OF PLAT OF EDGEWATER SUBDIVISION , ALSO
BEING THE EAST LINE OF BLOCK 740, REVISED PLAT OF CITY OF MUSKEGON;
THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS WEST, PARALLEL WITH THE NORTH
LINE OF PLAT OF EDGEWATER, A DISTANCE OF 105.00 FEET;
THENCE SOUTH 01 DEGREES 52 MINUTES 29 SECONDS WEST, PARALLEL WITH THE WEST LINE
OF SAID PLAT OF EDGEWATER, A DISTANCE OF 130.00 FEET;
THENCE NORTH 88 DEGREES 07 MINUTES 31 SECONDS WEST, A DISTANCE OF 574.00 FEET;
THENCE NORTH 57 DEGREES 52 MINUTES 07 SECONDS WEST, A DISTANCE OF 18.02 FEET TO
THE POINT OF BEGINNING.
FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE SOUTH 20 DEGREES 22 MINUTES
29 SECONDS WEST, A DISTANCE OF 569.74 FEET;
THENCE NORTH 87 DEGREES 21 MINUTES 34 SECONDS WEST, A DISTANCE OF 725.50 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARBOUR TOWNE DRIVE;
THENCE ALONG A 352.61 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 39.86
FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 03 DEGREES 38 MINUTES 13 SECONDS EAST, 39.84 FEET;
THENCE NORTH 06 DEGREES 52 MINUTES 30 SECONDS EAST, A DISTANCE OF 609.L04 FEET TO
A POINT OF CURVATURE;
THENCE ALONG A 480.97 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 202.82
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 18 DEGREES 57 MINUTES 19 SECONDS EAST, 201.32 FEET;
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THENCE NORTH 31 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 120.03 FEET;
THENCE SOUTH 33 DEGREES 31 MINUTES 25 SECONDS EAST ALONG THE WESTERLY LINE OF
BLUFF STREET, A DISTANCE OF 81.14 FEET;
THENCE NORTH 84 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE EXTENDED NORTH
LINE OF LOT 5, BLOCK 747, A DISTANCE OF 266.15 FEET TO THE NORTHEAST CORNER OF SAID
LOT 5, BLOCK 747;
THENCE SOUTH 30 DEGREES 04 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID
BLOCK 747, A DISTANCE OF 105.01 FEET;
THENCE SOUTH 00 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 215.00 FEET;
THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS EAST PARALLEL WITH THE NORTH
LINE OF SAID PLAT OF EDGEWATER, A DISTANCE OF 210.00 FEET
THENCE SOUTH 57 DEGREES 52 MINUTES 07 SECONDS EAST, A DISTANCE OF 173.37 FEET TO
THE POINT OF BEGINNING.
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QUIT-CLAIM DEED
The Grantor, JOHN DARIEN HOMES, INC., a Michigan corporation, of 3430 Pigeon Hill, Muskegon,
Michigan 49441, conveys and quit-claims to the CITY OF MUSKEGON, a municipal corporation, of993
Terrace, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon,
County of Muskegon and State of Michigan, to-wit:
See attached Legal Description
Subject to easements, restrictions, reservations and highways of record, if any.
This deed is exempt from state and local transfer tax pursuant to MCL 207.505(a) and MCL
207.526(a).
for the sum of: Less than One Hundred ($100.00) Dollars.
Dated this / O °'-_
day of _ _M__ ,____,2001.
7
Signed in the Presence of: Signed by:
JOHN DARIEN HOMES, INC., a Michigan
corporation
By:~£/,ri
/.Tofu; Darien
cc::::? A.L... \
Its President
STATE OF MICHIGAN )
ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this I CJ day of \'I"- a._~ , 200 I, by
John Darien, the duly elected President, of JOHN DARIEN HOMES, INC., a Michgan corporation, on
behalf of the corporation.
------"'------------' Notary Public
Muskegon County, Michigan
My commission expires: JEANNEM. REBEDEW
NOTARY PUBUC MUSKEGON CO., Ml
t{f( COMMISSION EXPIRES Jun 25, 2004
Subsequent tax bills to: Grantee
DRAFTED BY AND RETURN TO:
David C. Jaunese
David C. Jaunese, P.C.
Attorneys at Law
2 East Main, P.O. Box 168
Fremont, Michigan 49412
231/924-6200
cm.\real-est\darienhomes.qc roads
. . .- --
CITY OF MUSK;EGoN· · ·
Resolution No~ 12001-63 ( i)
A Resolution acknowledging conveyance of title to certain property involved in public roads and
easements in the Harbour Towne Condominium developme_nt, and, further, accepting the
dedication of the said public roads, streets and easements.
Recitals
A The Harbour Towne Condominium development was established.in 1992.
B. By a Grant and Assignment of Easement date June 9, 1992, John Darien Homes,
Inc., a Michigan corporation, assigned its interests in certain areasinvolving streets and
easements to the City of Muskegon for the purpose of constructing public roads and· installing
infrastructure, as well as operating drainage easements.
C. The said Assignor, John Darien Homes, Inc., has now quit-claimed afl its interest
and title to the City ofMus~egon in certain of the streets and drainage easements involved in the
original assignment.
·,. D. . The City of Muskegon deems it appropriate to accept the title conveyed and ·.·
further the cie~ic;ation made by the said Grantor, and to reserve its further rights·ajid title ~n the .
event the said properties are no longer used for streets or easements. · · · · ·
· - NOW,..THEREFORE, THE CITY COMMISSION OF THE CITY.OF MlJSKEGON
RESOLVES: · : ' . . 1_,. '.
1. That the conveyance of the streets and easements set'forth in the certain Quit-
Claim Deed dated May 10, 2001 , is hereby accepted. The legal description is set forth in
attached Exhibit A:
2. That the dedication of the streets and easements is hereby accepted and made by
the City of Muskegon in addition to the reservation of its rights as the owner of the said
properties by virtue of the said deed.
THIS RESOLUTION PASSED
AYES Benedict, Nielsen, Sc hwe ifler , Shepherd, Sieradzki, Spataro, Aslakson
NAYS None
~ - - - - - -- --------'---- - - - - - - - -
. CITY OF MUSKEGON
CERTIFICATE
200·1 -63 (i )
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 12th day
of June , 2001, and that the minutes of the meeting are on file in the
office of the City Clerk and are available to the public. Public notice of the meeting was given
pursuantto and in compliance with Act 267, Public Acts of Michigan, 1976.
~o-L ~:r~
Gail.A.Kundinger, City Cl
l
· . .,-,,.
Date: June 12, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Summer Celebration
SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is
requesting approval of a fireworks display for July 4, and July 8, 2001.
Fire Marshall Grabinski has reviewed the request and recommends
approval contingent on inspection of the fireworks and approval of the
insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2001 - 63(j)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (X) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUEDTO: Summit Pyrotechnics
NAME Steven R. Frank l in, 2866 Vandenberg Road
ADDRESS AGE
REPRESENTING Summer Ce l e brati on
NAME OF ORGANIZATION, GROlJP, FIR.\f OR CORPORATION
ADDRESS
NUMBER & TYPES OF FIREWORKS:
·1200 - 3" arie l shel l s 350 - 6" ari el shel l s 25 - 12 11 ariel shells
400 - 4" ariel shells 40 - 8" ar ie1 shells
250 - 5" ariel she lls 24 - 10" arie1 shells
DISPLAY: Barge - 800 1 N. of Heritage Landing Muskegon Lake
EXACT LOCATION
City of Muskegon July 4 & 8, 20o-l (Rain Date 7-5 & 9, 2001) 10: 20p. m.
CITY, VILLAGE, TOWNSHIP DATE TIME
BOND OR rNSURANCE FILED: (X) YES ( ) NO AMOUNT $1 , 000, 000.
[SSUED BY:
Issued by action of the MUS KEGON CITY COMMISSION
(coun<:i l, commiuion. board)
of the CITY of . MUSKEGON
(city, v1lllge. towruhip) (name o(ciry. village, township)
on the _ _1~2~t~h____ day of
(s1~1rure .k posiuon of .:ounc:il. commis,iol\ or b,oud rcpresc-nutive)
, JUN-06-2001 13:37 P.02
, Mo 3211.2- 611)
APPLICATION
FOR FIREWORKS OISPLAY PERMIT DATE OF APPLICATION
Act 358, P.A. 1968 rt\11.,
1, TYPt! OF DISF'L.A Y: D A9rie11lt11,al Pest Control
AGf: Muat be .21 or over
3, PYROTECHNIC OPIRA TOR
AOOAESS AG!!: l\lfust be 21 or ovar
EX~ERll!.NClol
NUMBliiR QF YiAR$ NUMllf" 01' 0iS~LA YS
0-f-
NAMES OF AS&lffANTG,
ADORES£!
NAME AODAESS AGE
4, HON-RESIOENT APPLIC:,UIT
NAME:
N&fflll af 1Aict'lioa111 Aunrt'ley or Re$.lde nt Ag~nt ADDRESS TELEPHONE NUM8eR
S, EXACT LOCATION OF PROPOSED DISPLAY
6, NUMBl;R AHO ICIHDS OF 1'1 UWOIIIKS TO Bl OISPLAYED
I( /(
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,{ t( Ci ty Clerks Otfice
I Subi~CI la Ao,:irovsl o f Loc31 Fire Au1harities1
A. A.MOUNT OF BONO OR INSU~ANU
1, FINANCIAL RESPONSIBILITY t to be $et by municic,tll itv l $
TOTAL P . 02
JUN-14-2001 09:03 P.01
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CErc.11 ·ATE OF L!A ... ~LITY INSURANCE I
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ONLY Nill CONl'alS NO RIGHT$ IJPOl,I Tiil, QRla-lOI.Te
HOUll!ll. TM!& CillTlflC,t.11£ DClU NOT AIIIND, l!ICTIND OR
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5a111t Louis Pal'k, MN 55426 INSURERS AFFORtlttlG COVIRAGE
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he City o, llusk"9"" & all elected a ;qipointed,
an """loyeu a 1101untcers, a11 looard c:--issions Ot'
-.ithoriti• I t"'"ir board ....... rs,eq,1oyeu I wlUOlt-. COullt)' of Muske90n,1'11Jskoe,on s,_.- Celebration
lt!Ut 141,:t,19an Doc:k I Market C..rp. a.re n-.1 as AdditiCllal Insureds with respect to 7/4-8/01 {Rain
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flHDl.11.0 AN'll)'1111 ABDV!! O!!CAilm ~IClfSIIE CANC£W,DMP'oe 1"'
hPiRATIONOATI ntEll&OF, DfE.IS!UINGC:OW»ll"WtU,.POIA\JOR t'OUIL
....J.IL_n.t.'iell@millercanlicld.com
www.millercanfield.com
May 25, 2001
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536
Dear Tim:
Please find herewith enclosed a copy of the "parameters resolution" respecting the
DDA refunding bonds. I would ask you to review this and if it meets with your approval,
submit same to the City Commission for its consideration.
I am sending you a diskette of the resolution in the hope that it may prove of some
benefit to the City Clerk.
It is my understanding that the resolution will be considered by the City Council at
its meeting scheduled for June 12th . Assuming that the resolution is adopted, I would ask
that you return three certified copies of same to me after its adoption. ,f-(' 17/ Nuu:. -- Pkwx.-W4 ,<
I understand W anen has furnished you with an application to the Municipal
Finance Division. I would also ask that an executed copy of the resolution be returned to
me so that I may file the application with the Municipal Finance Division.
Very truly yo:w s,
Enclosure (wldisk)
cc: Mr. Warren M. Creamer, III (w/enclosure)
DELIB :22373 11 .1\063684-00024
City of Muskegon
County of Muskegon, State of Michigan
Resolution Authorizing 2001 Downtown Development
Refunding Bonds (General Obligation Limited Tax)
2001-66(a)
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan, held on June 12, 2001, at 5:30 p.m., Eastern Daylight Savings
Time.
PRESENT: Commissioners Benedict, Nielsen, Shepherd, Sieradzki,
Spataro, and Aslakson
ABSENT: Commissioners _ _,,S"'c-'-'hw,,_e,,_1'-f_,l-"e"-r
'· _ _ _ _ _ _ _ _ _ _ _ _ _ __
The following preamble and resolution were offered by Commissioner
-~A=s~la=k=s=o~n_ _ _ _ _ and supported by Commissioner -~Scci.sereca,,_,d,_,2,_.,k'-'-i_ _ _ __
WHEREAS, the Downtown Development Authority of the City of Muskegon, County of
Muskegon (the "Authority") issued its 1989 Downtown Development Limited Obligation Tax
Increment Bonds, Series A-1 Bonds dated as of August 30, 1990, in the original principal
amount of $4,100,000 and its 1989 Downtown Development Limited Obligation Tax Increment
Bonds, Series D-1 dated as if August 30, 1990, in the original principal amount of$1,920,000
(together the "Prior Bonds"), under the provisions of Act 197, Public Acts of Michigan, 1975, as
amended, for the purpose of financing the costs of renovating, redeveloping, and expanding the
Downtown Muskegon Mall; and
WHEREAS, the Prior Bonds are presently outstanding; and
WHEREAS, interest rates have declined to a level such that it is advantageous for the
City to issue its bonds and refund all or a portion of the Prior Bonds; and
WHEREAS, the City Commission has previously adopted a resolution pledging the
City's limited tax full faith and credit as secondary security for any refunding bonds issued to
refund the Prior Bonds; and
WHEREAS, it is the determination of the City Commission that at this time that
refunding bonds in the principal amount of not to exceed Four Million Five Hundred Thousand
Dollars ($4,500,000) should be issued for the purpose of refunding all or a portion of the Prior
Bonds;
u
~ AND WHEREAS, prior to the issuance of the Refunding Bonds the City must secure the
'ii
~
a
~ approval of the Michigan Department of Treasury (the "Department") for the issuance of the
i
~ bonds and secure certain waivers from the Department.
~
~ NOW, THEREFORE, BE IT RESOLVED THAT:
"~
~
1. Bonds of the Issuer designated 2001 Downtown Development Refunding Bonds,
(General Obligation Limited Tax) (the "Refunding Bonds") are authorized to be issued in the
aggregate principal sum of not to exceed Four Million Five Hundred Thousand Dollars
($4,500,000) or such lesser amount as shall be approved by this Commission upon receipt of a
final offer to purchase the Refunding Bonds. The Refunding Bonds shall be issued for the
purpose of paying part of the cost of refunding the Prior Bonds, including the costs incidental to
the issuance, sale and delivery of the Refunding Bonds. The Refunding Bonds shall consist of
bonds in fully-registered form of the denomination of $5,000, or multiples thereof not exceeding
for each maturity the maximum principal amount of that maturity, numbered consecutively in
-2-
order of registration and dated as of July 1, 2001 or such other date as may be determined by this
Commission. The Refunding Bonds shall bear interest, and be payable at the times and in the
manner set forth in a bond purchase agreement (the "Agreement") respecting the purchase of
such Refunding Bonds.
The Refunding Bonds may be subject to redemption prior to maturity as set forth in the
Agreement.
Interest shall be payable to the registered owner of record as of the 15th day of the month
prior to the payment date for each interest payment. The record date of determination of
registered owner for purposes of payment of interest as provided in this paragraph may be
changed by the Issuer to conform to market practice in the future. Interest shall be payable by
check or draft drawn on the Transfer Agent (as hereinafter defined) mailed to the registered
owner at the registered address, as shown on the registration books of the Issuer maintained by
the Transfer Agent. The principal of the Bonds shall be payable upon presentation and
surrender to the Transfer Agent.
The City Finance Director is hereby authorized to select a bank or trust company
located in the State of Michigan to serve as bond registrar, paying agent and transfer agent (the
"Transfer Agent") for this issue. The Issuer reserves the right to replace the Transfer Agent at
any time upon written notice to the registered owners of record of the Bonds not less than sixty
(60) days prior to an interest payment date.
2. The City Finance Director is hereby authorized to solicit proposals from
underwriting and financial firms respecting the purchase of the Refunding Bonds and to select
an underwriter for the bonds. The terms and conditions of the purchase of the Refunding Bonds,
-3-
including the Underwriter's compensation shall be as set forth in the Agreement which shall be
approved by this Commission.
3. The Refunding Bonds shall be executed in the name of the City with the facsimile
signatures of the Mayor and City Clerk 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 Refunding 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 Clerk or Treasurer upon payment of
the purchase price for the Refunding Bonds in accordance with the Agreement.
~
~
w 4. The Transfer Agent shall keep the books of registration for this issue on behalf of
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the City. Any Bond may be transferred upon such registration books by the registered owner of
"
Ii
8
~ record, in person or by the registered owner's duly authorized attorney, upon surrender of the
~-
~ Bond for cancellation, accompanied by delivery of a duly executed written instiument of
~
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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
-4-
redemption) the called amounts of each certificate; the place where the Bonds called for
redemption are to be surrendered for payment; and that interest on the Bonds or portions thereof
called for redemption shall cease to accrue from and after the redemption date.
In addition, further notice shall be given by the Transfer Agent in such manner as may be
required or suggested by regulations or market practice at the applicable time, but no defect in
such further notice nor any failure to give all or any portion of such further notice shall in any
manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed
herein.
5. The Refunding Bonds may be issued in book-entry-only form through The
0
_j
~ Depository Trust Company in New York, New York.
~
0
~ 6. The City Finance Director be and is hereby authorized to select an escrow agent
i
g
(the "Agent") for the Refunding Bonds and negotiate an escrow agreement with the Agent for
~ review and approval by this Commission.
,"~
7. The proceeds of the Refunding Bonds shall be used to pay the costs of issuance of
the Refunding Bonds and to secure payment of the Prior Bonds as provided in this section.
Upon receipt of the proceeds of the Refunding Bonds, the accrued interest and premium, if any,
shall be deposited in the Debt Retirement Fund established for the Refunding Bonds. From the
proceeds of the Refunding Bonds there shall next be set aside a sum sufficient, together with
other funds of the City to be allocated therefor, to effect the redemption of the Prior Bonds in the
manner set forth in the resolution to be adopted to approve the Agreement (the "Sales
Resolution"). The balance of the proceeds of the Refunding Bonds together with any other funds
supplied by the City shall be used to pay the costs of the issuance of the Refunding Bonds. Any
-5-
amounts remaining from the proceeds of the Refunding Bonds after payment of issuance
expenses shall be transferred to the Debt Retirement Fund for the Refunding Bonds.
The balance of the proceeds of the Refunding Bonds together with any moneys
transferred by the City at the time of sale of the Refunding Bonds from the debt retirement
funds for the Prior Bonds including the Remarketed Bonds Accounts, the Reserve Funds, and
the Mandatory Purchase Sinking Funds established for the Prior Bonds and any other available
funds of the City, shall 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
"Escrow Funds") and used to pay principal, interest and redemption premiums on the Prior
Ii Bonds. The Escrow Funds shall be held by the Agent pursuant to an escrow agreement which
~
~ shall irrevocably direct the Agent to take all necessary steps to call any Prior Bonds specified by
~-
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5 the City upon sale of the Refunding Bonds for redemption, including publication and mailing of
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redemption notices. The investment held in the Escrow Funds shall be such that the principal
and interest payments received thereon will be sufficient, without reinvestment, to pay the
principal, interest and redemption premiums on the P1ior Bonds as they become due by maturity
or redemption. Following establishment of the Escrow Funds, any amounts remaining in the
debt retirement funds for the Prior Bonds shall be transferred to the Debt Retirement Fund
established for the Refunding Bonds.
8. The City Clerk and Finance Director are each authorized to make application to
the Department for an order approving issuance and sale of the Refunding Bonds and the
necessary waivers to negotiate the sale of the Refunding Bonds including waiver of notice of
-6-
sale and good faith deposit.
9. The City shall not invest, reinvest or accumulate any moneys deemed to be
proceeds of the Refunding Bonds pursuant to Sections 103(a) and 148 of the Internal Revenue
Code of 1986, as amended, and the applicable regulations thereunder, in such a manner as to
cause the Refunding Bonds to be "arbitrage bonds" within the meaning of said Sections 103(a)
and 148 and the applicable regulations thereunder.
10. The City Finance Director is authorized to approve circulation of a Preliminary
Official Statement describing the Refunding Bonds.
11. The officers, agents and employees of the City are authorized to take all other
actions necessary and convenient to facilitate sale of the Refunding Bonds, including, if
desirable, obtaining a policy of municipal bond insurance to secure the Refunding Bonds.
12. The City hereby covenants that, to the extent permitted by law, it shall take all
actions within its control necessary to maintain the exemption of the interest on the Bonds from
general federal income taxation (as opposed to alternative minimum or other indirect taxation)
under the Internal Revenue Code of 1986, as amended (the "Code") including but not limited to,
actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and
investment of bond proceeds and moneys deemed to be bond proceeds.
13. The improvements financed with the proceeds of the Prior Bonds have an
estimated remaining usable life of not less than twenty (20) years.
14. The City hereby designates the Refunding Bonds as "qualified tax exempt
obligations" within the meaning of the Code for purposes of deduction of interest expense by
financial institutions.
-7-
15. Defeasance. In the event cash or direct obligations of the United States or
obligations the principal of and interest on which are guaranteed by the United States, or a
combination thereof, the principal of and interest on which, without reinvestment, come due at
times and in amounts sufficient to pay at maturity or irrevocable call for earlier options
redemption, the principal of, premium, if any, and interest on the Refunding Bonds, shall be
deposited in trust, this Resolution shall be defeased and the owners of the bonds shall have no
further rights under this Resolution except to receive payment of the principal of, premium, if
any, and interest on the bonds from the cash or securities deposited in trust and the interest and
gains thereon and to transfer and exchange bonds as provided herein.
(.)
...J
a: Disclosure. The City covenants it shall comply with the requirements of Rule
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16.
~
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<( 15c2-12 of the Securities and Exchange Commission regarding continuing disclosure as shall be
a
""a.§
more fully set forth in the Sales Resolution.
~
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cS 17. All resolutions and parts of resolutions insofar as they conflict with the provisions
ci
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~ · of this resolution be and the same hereby are rescinded.
AYES: Commissioners Benedict, Nielsen, Shepherd, Sieradzki,
Spataro, and Aslakson
NAYS: Commissioners None
___;c:..::...;_:...::__ _ _ _ _ _ _ _ __ _ _ _ __ __
RESOLUTION DECLARED ADOPTED.
~ Q-~ -
City Clerk °tf=?
-8-
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 June 12, 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, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act. . / _
L Q
~ C i t y Clerk
~a,w
(.)
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a.: DELIB: 1402058. l \063684-00024
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-9-
Commission Meeting Date: June 12, 2001
Date: 6/5/01
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Contractor for New Construction at
1706Jarman
SUMMARY OF REQUEST: To select Nobles Inc. with Mark Thompson
as the general contractor to construct a designated house at the city-
owned tax-reverted site at 1706 Jarman under - Operation Phoenix.
The city received three bids (see attached) with Nobles Inc being the
lowest at $111,000. Once the house is completed the City of Muskegon
will sale the home to a qualified homebuyer in association with one of
the City's Community Housing Development Organizations.
?_c~~
FINAtllG!AL IMPACT: Funding will be allocated from HOME budget
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the awarding of the contract
to Nobles Inc. to construct the house under project Operation Phoenix.
COMMITTEE RECOMMENDATION: N/A
Operation Phoenix
Final Results of bids for the construction of house at 1706 Jarman:
I. Nobles Inc. $111,000
2. Success Enterprise/Success Builders $121,750
3. Top Notch Design Contractors $124,652
Commission Meeting Date: June 12, 2001
Date: June 5, 2001
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Disclosure of Potential Conflict of Interest Under
CDBG Community Development Block Grant
Program
SUMMARY OF REQUEST: Under Community Development Block
Grant regulations, potential conflicts of interest must be disclosed to the
public prior to requesting a waiver from HUD. Michael & Evelyn Brown
of 297 Washington, have applied for CDBG assistance under the City's
Emergency Roof Program. They are the daughter and son-in-law of
Clara Shepherd, a City Commissioner. The City Attorney has
determined that no conflict of interest is present in this case; however,
this must be disclosed to the public before any further action can be
taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the City's Community
and Neighborhood Services Dept, to submit the waiver of conflict of
interest to the U.S. Department of Housing and Urban Development.
COMMITTEE RECOMMENDATION: Not Applicable
Affirmallve Acllon
(231)724-6703
FAX: (231)722-12'14
MUSKEGON
Auenor/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)716-5617
ClryManaa;tr
{23 I )724-6724
FAX: (231)722-1214
West Michigan's Shoreline City
ClvUSen1ce
(23 I )724-6716
FAX: (231)714-4405
Clerk April 18, 200 I
(231)724-6705
FAX: (231)714-4178
Mr. John Schrier
Community and Pannenter, O'Toole
Neigh. Servlcu
(231)724-6717
P.O. Box786
FAX: (131)726-2501 Muskegon, Mi 49443-0786
Computer Info.
Fr~d ;· Nie11:Y~~yo~ :
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ScotfSieradiki, Vice Mayor-'
,i, CHARITABLE GAMING DNISION
101 E. HILLSDALE, BOX 30023
LANSING, MICHIGAN 48908 2001-66(9)
~ _ ~ (517) 335-5780
l011DW www.state.mi.us/milottery
LOCAL GOVERNING BODY RESOLUTION IFOR CHARITAIBLIE GAMING LICENSES
(Required by MCL.432.103(9))
At a_"""R;..;;;e""'g""
u"""
l _ar:.....,.,.....,,...- ------------- meeting of the _ ___;C:....:i....:t..,_y-'""'Com
..;;.""m
"'"1.;. as;· . ;s; . i:. . :o;.;.n:...-._ __
REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD
called to order by _ ____:,_;M~a.L..yo;;;..;r~N ~ - - - - - - - on
.;..ai. . : e.1..:. a:. s.a:. en June 12 2001
DA'IE
at 5: 30 ~p.m. the following resolution was offered:
TIME
Moved by Commissioner As l ak so n andsupportedby Commissioner Schwe ifler
that the request from Muskegon Western Litt 1e League of _ _ _M.. .;.u. . ;.s_k.; ;.e. _go.; _
. n _ __,
NAME OF ORGANIZATION CITY
county of _ ___M_u_s.,;..ak-"'e'""g""'o"-"
n__________, asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for _ A_,:p_,:p_r_o_v_a_l_______
APPROVAUDISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City of Muskegon at a _ ___,;.;R.;;;.e....,gu"-7.. ,.;a"""r_ _ _ _ _ __
TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD REGULAR OR SPECIAL
meeting held on June 12 2001
SIGNED:
LO- ~ "~
Gail A. Kundinger, City 'cl erk
PRINTED NAME AND TITLE
933 Terrace, Muskegon, MI 49440
ADDRESS
he ichigan Lotterywl I not discriminate against any indivldual or group because of COMPLETION: Required.
race, sex, religion. age, national origin. color, marital status. qualified disability or PENALTY: Possible denial of application.
political belief in its activities or in ils hiring or employment practices.
BSL-CG-1153(R8/00)
. .... .
Internal Revenue Service Department of the Treasury
P. 0. Box 2508
Cincinnati, OH 45201
Date: May 11, 2001 Person to Contact:
Ms. Smith #31-07262
Customer Service Representative
Little League Baseball, Inc. Toll Free Telephone Number:
1221208 Muskegon Western LL 8:00 A.M. to 9:30 P.M. EST
% Jone Benedict Pres 877-829-5500
2164 LeTarte Fax Number:
Muskegon, Ml 49441 513-263-3756
Federal Identification Number:
38-2266485
Group Exemption Number:
3158
Dear Sir or Madam:
We have received your request for affirmation of your organization's tax exempt status.
Your organization is exempt under section 501 (c)(3) of the Code because it is included in
a group ruling issued to Little League Baseball Incorporated, located in Williamsport,
Pennsylvania.
Individual exemption letters are not available to organizations included in group rulings.
The group exemption letter applies to all of the subordinate organizations on whose
behalf the Little League Baseball Incorporated has applied for recognition of exemption.
If you want a copy of the group exemption letter, please contact your parent
organization.
Your organization is required to file Form 990, Return of Organization Exempt from
Income Tax, only if its gross receipts each year are normally more than $25,000. If a
return is required, it must be filed by the 15th day of the fifth month after the end of the
organization's annual accounting period. The law imposes a penalty of $20 a day, up to
a maximum of $10,000, when a return is filed late, unless there is reasonable cause for
the delay.
Donors ·may deduct contributions to your organization as provided in section 170 of the
Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use
are deductible for federal estate and gift tax purposes if they meet the applicable
provisions of sections 2055, 2106, and 2522 of the Code.
The law requires you to make your organization's annual return available for public inspection
without charge for three years after the due date of the return. You can charge only a reasonable
fee for reproduction and actual postage costs for the copied materials. The law does not require
you to provide copies of public inspection documents that are widely available, such as by posting
them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each
day you do not make these documents available for public inspection (up to a maximum of
$10,000 in the case of an annual return).
-2-
Little League Baseball lncorporated-1221208 Muskegon Western LL
38-2266485
If you have any questions, please call us at the telephone number shown in the heading of this
letter.
Sincerely,
g~z~
John E. Ricketts, Director, TE/GE
Customer Account Services
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