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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 13, 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. National Night Out Against Crime Award. COMMUNITY RELATIONS
COMMITTEE
b. Resolution recognizing February as Black History Month. COMMUNITY
RELATIONS COMMITTEE
□ CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Request for Recognition as Non Profit Organization. CITY CLERK
c. Vending Contract for Parks. LEISURE SERVICES
d. 2001 72" Riding Lawn Mower Bids. LEISURE SERVICES
e. 2001 Turf Truck Bids. LEISURE SERVICES
f. 2001 Dumpster Bids. LEISURE SERVICES
g. Brownfield Consulting Contract with Ann Couture. PLANNING &
ECONOMIC DEVELOPMENT
h. Consideration of Bids for Police Department Parking Lot. ENGINEERING
i. City MOOT Agreement for Deck overlay @ Marquette over US31.
ENGINEERING
□ PUBLIC HEARINGS:
a. Receipt of 2001 - 2002 CDBG and HOME Proposals. COMMUNITY &
NEIGHBORHOOD SERVICES
b. Special Assessment District Sixth Street. ENGINEERING
c. Special Assessment District Windsor Avenue. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT: Introduce new Civil Service Director.
o UNFINISHED BUSINESS:
a. Indian Cemetery Charter Park. LEISURE SERVICES
o NEW BUSINESS:
a. Summer Celebration Request. LEISURE SERVICES
b. Park Designation Policy. LEISURE SERVICES
c. District Library Resolution. CITY MANAGER
d. Write off of Uncollectible Accounts Receivable. TREASURER
e. Consideration of Proposals for Engineering Services on Lakefront Property.
ENGINEERING
f. Elevator Shaft Replacement. ENGINEERING
g. Consideration of Bids for RR Removal. ENGINEERING
h. Demolition of existing structure at 1706 Jarman and the construction of a
single family unit in replacement. COMMUNITY & NEIGHBORHOOD
SERVICES
i. Final Amendments to 2000 Budget. FINANCE
j. Purchase of 420 West Delano. Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
k. Purchase of Hackley Avenue Property. Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• 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 CLOSED SESSION: Collective Bargaining.
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS ANO SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE
MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!LA. KUNDINGER, CITY CLERK, 933 TERRACE
STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
AGENDA ITEM
CITY COMMISSION MEETING February 5, 2001
HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Community Relations Committee
DATE: February 5, 2001
National Night Out Against Crime Award
SUMMARY OF REQUEST
The City of Muskegon, through the efforts of our Neighborhood Associations, has once
again received a National Night Out Against Crime Award. This award belongs not only
to the City and the Police Department, but also to the neighborhoods who put in the hard
work and held the special events. Consumers Energy also partnered with us to make the
effort possible.
Muskegon was in the top 200 of 9,620 communities that participated and we were in the
top 50 in our population category. There were only 3 sites in our population category in
Michigan that received awards (Muskegon, Pontiac and Marquette County).
• Consumers Energy will be presented with a resolution for their assistance in making
our National Night Out successful. Bill Johanson, the Area Manager for Consumers
will accept.
• All neighborhood associations were invited, as well, and they are to be presented with
certificates noting their effo1is, cooperation and involvement.
• The actual National Night Out Award that the City received will be presented to the
Police Department - Chief Kleibecker, Mark Lewis and possibly Denny Powers will
accept. (The Mayor and Commission will need to determine who will make this
presentation.)
FINANCIAL IMPACT
None
BUDGET ACTION REQUIRED
None
STAFF RECOMMENDATION
Approval
AGENDA ITEM
CITY COMMISSION MEETING February 5, 2001
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Commuuity Relations Committee
DATE: February 7, 2001
Resolution Recognizing February as Black History Month
SUMMARY OF REQUEST
A resolution was requested and approved by the Community Relations Committee
recognizing February as Black History Month.
FINANCIAL IMPACT
None
BUDGET ACTION REQUIRED
None
STAFF RECOMMENDATION
Approval
Date: February 13, 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 Regular
Commission Meeting that was held on Tuesday, January 23, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 13, 2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter-
race Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 13, 2001.
Commissioner Benedict opened the meeting with a prayer after which members of the
City Commission and the members of the public joined in reciting the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioner John Aslakson,
Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd, and Lawrence Spataro.
2001-12 HONORS AND AWARDS:
a. National Night Out Against Crime Award. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: The City of Muskegon, through the efforts of our Neighborhood
Associations, has once again received a National Night Out Against Crime Award. This
award belongs not only to the City and the Police Department, but also to the neighbor-
hoods who put in the hard work and held the special events. Consumer's Energy also part-
nered with us to make the effort possible.
Commissioner Benedict presented the award to Chief Kleibecker, Denny Powers pre-
sented certificates to the neighborhoods, and Mayor Nielsen presented a resolution to Bill
Johanson, the area manager for Consumer's.
b. Resolution recognizing February as Black History Month. COMMUNITY
RELATIONS COMMITTEE
SUMMARY OF REQUEST: A resolution was requested and approved by the Community
Relations Committee recognizing February as Black History Month.
Commissioner Spataro presented the resolution to Commissioner Shepherd.
2001-13 CONSENT AGENDA: Items listed under the Consent Agenda have been considered
to be routine in nature and will be enacted in one motion. No separate discussion will be
held on these items. If discussion of an item is required, it will be removed from the Consent
Agenda and be considered separately.
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that
was held on Tuesday, January 23, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
b. Request for Recognition as Non Profit Organization. CITY CLERK
SUMMARY OF REQUEST: Hospice of Muskegon-Oceana is requesting a resolution recog-
nizing them as a non-profit organization operating in the City for the purpose of obtaining a
gaming license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
d. 2001 72' Riding Lawn Mower Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To purchase 72' riding lawn mower from Spartan Distributors.
FINANCIAL IMPACT: $13,022, including a trade-in of an 11-year-old mower.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
e. 2001 Turf Truck Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To purchase a 4 x 4-turf truck from Spartan Distributors.
FINANCIAL IMPACT: $14,329.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
f. 2001 Dumpster Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To award the contract to provide dumpsters to various city parks
to Sunset Waste Services.
FINANCIAL IMPACT: Approximately $8,092.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
g. Brownfield Consulting Contract with Ann Couture. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been contracting with Anne Couture,
of Couture Environmental Strategies LLC, during the last three years, to assist us with our
Brownfield activities. She has excellent contacts at the Department of Environmental Qual-
ity, since she worked there several years ago. Therefore, her assistance is important in mov-
ing forward on the technical aspects of our Brownfield Authority. Not only does Ms. Couture
work closely with our City Staff, but we also refer potential Brownfield applicants to her. In
the future, Brownfield applicants will be paying a fee, which will help defray the costs of the
contract. Funds for Ms. Couture's current contract have been expended. Therefore, the
Commission is asked to approve the current proposal from Ms. Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $10,000. It is expected that this
amount will allow for at least a year of services (perhaps longer, if we have several brown-
field applicants).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposal between the City of Muskegon and
Couture Environmental Strategies LLC, and authorize the Mayor and Clerk to sign the pro-
posal.
h. Consideration of Bids for Police Department Parking Lot. ENGINEERING
SUMMARY OF REQUEST: The contract for Milling and Resurfacing the Police Department's
Parking Lot be awarded to Key Construction, Inc. out of Comstock Park. Key Construction
was the lowest responsible bidder with a bid price of $17,759.90.
FINANCIAL IMPACT: The construction cost of $17,759.90 plus related engineering ex-
penses.
BUDGET ACTION REQUIRED: None, this project is in the 2001 budget.
STAFF RECOMMENDATION: Award the contract to Key Construction.
Motion by Commissioner Schweifler, second by Commissioner Shepherd lo approve the
consent agenda with the exception of item c and i.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
2001-14 ITEMS REMOVED FROM THE CONSENT AGENDA:
c. Vending Contract for Parks. LEISURE SERVICES
SUMMARY OF REQUEST: To approve a three-year contract with Coca-Cola for providing
vending machines within City parks.
FINANCIAL IMPACT: Approximately $7,000 (income).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
Motion by Vice-Mayor Sieradzki, second by Commissioner Aslakson to approve the
three-year contract with Coca-Cola for providing vending machines within City parks.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
i. City MDOT Agreement for Deck overlay @ Marquette over US31.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the Deck overlay on
Marquette Ave. over US-31; together with the necessary related work. And to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: While this is an MDOT project, we are required to participate since
the project falls within the City's limits. The City's share is estimated at $9,400 but not more
than 11.25% of eligible cost. The total cost of the project is $460,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Vice-Mayor Sieradzki, second by Commissioner Benedict to approve the con-
tract with MDOT for deck overlay at Marquette over US31.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
2001-15 PUBLIC HEARINGS:
a. Receipt of 2001 - 2002 CDBG and HOME Proposals. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the Commission to approve the acceptance of the 2001 -
2002 CDBG/HOME proposals and to authorize the CNS staff to continue the process by first
conducting a public hearing tonight and continuing the procedure until the City Commission
makes its final allocation decision on March 27, 2001.
FINANCIAL IMPACT: The City is proposed to receive $1,387,000 in CDBG funding and
$572,000 in HOME funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the 2001-2002 CDBG/HOME allocation proce-
dures and to conduct scheduled public hearing.
The Public Hearing opened at 5:51 p.m. to hear and consider any comments from the
public. CNS Director, Wilmern Griffin, explained the item. No comments were heard from
the public.
Motion by Vice-Mayor Sieradzki, second by Commissioner Benedict to close the Public
Hearing at 6:09 p.m. and approve the 2001-2002 CDBG/HOME allocation procedures and
conduct scheduled public hearing.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
b. Special Assessment District Sixth Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
Sixth Street from Houston to Muskegon, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to proceed with
the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City Com-
missioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6: 10 p.m. to hear and consider any comments from the
public. City Engineer, Mohammed AI-Shatel, explained the item. Comments were heard
from James Searer, 1375 Fifth Street, who was opposed to the assessment.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close the public
hearing at 6:17 p.m., approve the special assessment district to repave Sixth Street between
Houston and Muskegon, and appoint two Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: Benedict
FAILS (By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall not
be made unless the City Commission determines by affirmative vote of all its members that
the safety or health of the public necessitates the improvement).
Motion by Commissioner Spataro, second by Commissioner Aslakson to close the Public
Hearing at 6:26 p.m.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
c. Special Assessment District Windsor Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Windsor Ave., Henry Street to Barclay project and to create the special assessment dis-
trict and appoint two City Commissioners to the Board of Assessors if it is determined to pro-
ceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City Com-
missioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:27 p.m. to hear and consider any comments from the
public. City Engineer, Mohammed AI-Shatel, explained the item. Comments were heard
from Chris Morency, 931 Windsor, opposed to the assessment; and from Floyd Ryan, 905
Windsor, in favor of the assessment.
Motion by Commissioner Spataro, second by Commissioner Benedict to extend Mr.
Morency's time to speak.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
Motion by Commissioner Spataro, second by Commissioner Schweifler to close the public
hearing at 6:49 p.m., create the special assessment district to repave Windsor Ave., Henry to
Barclay, and appoint Commissioner Aslakson and Commissioner Spataro to the Board of As-
sessors.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: Benedict
ADOPTED
CITY MANAGER'S REPORT: City Manager, Bryon Mazade, introduced the new Civil
Service Director, Karen Scholle.
2001-16 UNFINISHED BUSINESS:
a. Indian Cemetery Charter Park. LEISURE SERVICES
SUMMARY OF REQUEST: To name Indian Cemetery as a Charter Park.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Benedict, second by Commissioner Spataro to refer back to staff
for future recommendation.
ROLL VOTE: Ayes: Benedict
Nays: Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki
FAILS
Motion by Commissioner Aslakson, second by Commissioner Shepherd to not add the In-
dian Cemetery to the Charter Parks system.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
2001-17 NEW BUSINESS:
c. District Library Resolution. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement to establish a district library made up
of the boundaries of the City of Muskegon and the Muskegon Public Schools district.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Benedict, second by Commissioner Spataro to approve the
agreement to establish a district library made up of the boundaries of the City of Muskegon
and the Muskegon Public Schools district.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
a. Summer Celebration Request. LEISURE SERVICES
SUMMARY OF REQUEST: To agree to accept partial payment for services rendered for the
2001 Summer Celebration.
FINANCIAL IMPACT: Depends on how the event goes.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to agree to accept
partial payment for services rendered for the 2001 Summer Celebration.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
b. Park Designation Policy. LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the policy for designating city-owned land as parkland.
FINANCIAL IMPACT: None, except as land is added to the park system.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve
Motion by Commissioner Benedict, second by Commissioner Shepherd to approve the
park designation policy.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
d. Write off of Uncollectible Accounts Receivable. TREASURER
SUMMARY OF REQUEST: Periodically it is necessary to purge from the City's general ac-
counts receivable records items that are deemed uncollectible. In some cases these items
have gone through the entire collection process without success. In many other cases, fur-
ther collections efforts may be made by using an outside collection agency. However, at
this time, it is requested that the City Commission authorize staff to write-off these receivables
from the City's books.
FINANCIAL IMPACT: Reduce the City's accounts receivable by $381,177.81. The impact
would be a decrease in the fund balance/retained earnings of several City funds as follows:
101 General Fund $ 3,804.04
455 Micro Loan Fund 58,807.27
472 CDBG Fund 64,089.99
590 Sewer Fund 7,441.60
591 Water Fund 4,406.94
483 Mod State Rehab. Fund 21,973.79
493 Revolving Loan Fund 220,654.18
TOTAL S381, 177.81
BUDGET ACTION REQUIRED: For the General, Sewer and Water Funds, there are sufficient
funds for bad debt expense included in the 2000 budge, so no further action is required.
STAFF RECOMMENDATION: Approval of the 2000 write-offs effective for the fiscal year
ended December 31, 2000, for the various funds as shown above.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the
2000 write-offs effective for the fiscal year ended December 31, 2000.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
e. Consideration of Proposals for Engineering Services on Lakefront Property.
ENGINEERING
SUMMARY OF REQUEST: To award a contract to Fleis & Vandenbrink Engineering Inc. out
of Grand Rapids for the design and construction engineering of the public infrastructure to
be constructed as part of the Lakefront Development at a cost of $ l 04,516.84. Furthermore,
it is requested that the approval, if granted, be contingent upon the developer entering into
a development/special assessment agreement with the City.
FINANCIAL IMPACT: The cost for the engineering services (design & construction) of
$ l 04,516.84. These costs will be included in the special assessment to the developer and/or
the CMI grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Enter into an engineering agreement with Fleis & Vandenbrink
to provide engineering services (design & construction) for the Lakefront Development Infra-
structure.
Motion by Commissioner Aslakson, second by Commissioner Spataro to award the con-
tract to Fleis & Vandenbrink Engineering Inc. contingent upon the developer entering into a
development/special assessment agreement with the City.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
f. Elevator Shaft Replacement. ENGINEERING
SUMMARY OF REQUEST: Your authorization to enter into a $23,192 contract with Kone Inc.
out of Grand Rapids is requested. The contract with Kone, if approved, would be to replace
the elevator shaft at City Hall. Our recommendation is based on our review of the two bids
that we received on February 2, 2001.
FINANCIAL IMPACT: The cost of $23,192.
BUDGET ACTION REQUIRED: Since this is an unforeseen and unexpected repair, we ex-
pect the cost of the repairs to be covered by the Contingency Fund.
STAFF RECOMMENDATION: To approve a contract with Kone Inc.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to approve the
contract with Kone Inc.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
g. Consideration of Bids for RR Removal. ENGINEERING
SUMMARY OF REQUEST: The contract to remove the abandoned RR tracks on Park,
Southern, Seventh, Forest and Grand be awarded to Link Contractors out of Twin Lake. Link
Contractors was the lowest responsible bidder with a bid price of $128,306.36.
FINANCIAL IMPACT: The construction cost of $128,306.36 plus related engineering ex-
penses. Under an agreement with MDOT, the state will pay the City $4,000 for each track
(we have 15 tracks).
BUDGET ACTION REQUIRED: Amend the 2001 CIP for Major & Local Street Funds to include
the removal of the tracks. The following changes are requested:
• Add $4 r,ooo RR Removal into the Major Street
• Add $41,000 RR Removal into the Local Street
• Transfer 41,000 from the Major Street Fund into the Local Street Fund to pay for the re-
moval on Forest, Grand & Seventh.
STAFF RECOMMENDATION: Award the contract to Link Contractors.
Motion by Commissioner Spataro, second by Commissioner Benedict to award the con-
tract to remove the abandoned RR tracks on Park, Southern, Seventh, Forest and Grand to
Link Contractors.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
h. Demolition of existing structure at 1706 Jarman and the construction of a
single-family unit in replacement. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To direct the Community and Neighborhood Services Depart-
ment and the Inspections Department to obtain bids to demolish the six-unit City-owned tax-
reverted structure at 1706 Jarman also known as Castenholtz subdivision of blks 100, 101, and
103 to 120 including lots 6 & 7 block 108. After demolition is completed the CNS Department
is proposing to construct a new single family unit home on the lot. After construction of the
home is completed, the structure will be sold to an eligible fow or moderate-income family
under the guidelines of the City's HOME Program.
FINANCIAL IMPACT: The cost of the demolition and the construction of the new home will
be funded through the City's FY 2000 HOME program, by placing the property back on the
tax rolls after completion of construction the City will be relieved of the continued mainte-
nance cost and will begin receiving tax revenues from the site.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to begin solicitation for demolition services; and
once completed, to solicit for building contractors to complete the construction of a new
home.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved this re-
quest on January 16, 2001.
Motion by Commissioner Spataro, second by Commissioner Aslakson to demolish the
house at 1706 Jarman, and construct a new single family home on the lot.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
i. Final Amendments to 2000 Budget. FINANCE
SUMMARY OF REQUEST: Adoption of the year-end amendments to the City's 2000 Budget
to assure compliance with the State Uniform Budget Act. This act requires that budgets for
"governmental-type" funds (i.e. general fund, special revenue funds, and debt service
funds) be amended so that expenditures are not reported in the City's audit as exceeding
legal appropriations.
FINANCIAL IMPACT: These budget amendments establish the final 2000 authorized reve-
nue estimates and spending limits for the various City departments and funds. The schedule
shows how the amended budget varies from the original budget (and subsequent budget
reforecasts) previously approved by the City Commission.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Benedict, second by Commissioner Schweifler to adopt the
year-end amendments to the City's 2000 budget.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
j. Purchase of 420 West Delano. Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 420 W. Delano Street pursuant
to the City of Muskegon goal of creating the Seaway Industrial Park. This request is pursuant
to a purchase agreement signed by Edward and Patricia Shappee, 420 W. Delano Street,
Muskegon, Michigan on February 6, 2Q01. The purchase price is $62,000.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to pur-
chase this property.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the pur-
chase of 420 W. Delano Street for the development of the Seaway Industrial Park.
Motion by Commissioner Spataro, second by Commissioner Schweifler to purchase the
property at 420 W. Delano for the Seaway Industrial Park for the purchase price of $62,000.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
k. Purchase of Norwood property - Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase vacant property (commonly known as the Norwood
Property) along Seaway Drive and Hackley Avenue. This request is consistent with the City of
Muskegon goal to develop the Seaway Industrial Park and pursuant to a purchase agree-
ment signed by Ernest K. and Ernest R. Norwood, Muskegon, Michigan on February 10, 2001.
The purchase price is Two Hundred Forty-Six Thousand Two Hundred Dollars ($246,200).
FINANCIAL IMPACT: State of Michigan Urban Land Assembly and U.S. Economic Devel-
opment Administration grant funds will be used to purchase this property.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the pur-
chase of the "Norwood Property" for the development of the Seaway Industrial Park.
Motion by Commissioner Benedict, second by Commissioner Aslakson to purchase the
vacant property commonly known as the Norwood Property along Seaway Drive and Hack-
ley Avenue.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
2001-18 ANY OTHER BUSINESS:
a. City Clerk, Gail Kundinger, received a request from The West Michigan
Children's Museum for a charitable gaming license.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to approve the
request.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
b. Commissioner Shepherd asked the Commission to reconsider the General
Employees Retirement System Ordinance Amendment to change age and service require-
ments from 55/30 to 55/25 which was discussed at a previous meeting.
Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the
mater previously before Commission to amend the General Employees Retirement System
Ordinance to change the age and service requirements from 55/30 to 55/25 for non-
represented employees.
Various comments were heard from the Commission.
Motion by Commissioner Spataro, second by Commissioner Shepherd to call for question.
ROLL VOTE (for call for question):
Ayes: Aslakson, Schweifler, Shepherd, Spataro
Nays: Benedict, Nielsen, Sieradzki
CALL FOR QUESTION ADOPTED
ROLL VOTE (for ordinance amendment):
Ayes: Spataro, Aslakson, Schweifler, Shepherd
Nays: Benedict, Nielsen, Sieradzki
ORDINANCE AMENDMENT ADOPTED
c. Vice-Mayor Sieradzki commented on a letter received reference him not
living in his Ward.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to refer the matter
to staff to investigate the complaint and report to Commission.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
PUBLIC PARTICIPATION: Various comments were heard from the public.
CLOSED SESSION: Collective Bargaining.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to go into closed
session at 9:12 p.m.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict
Nays: None
Absent: Sieradzki
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Benedict to go into open
session at 9:33 p.m.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen
Nays: None
Absent: Sieradzki
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Schweifler to approve ten-
tative agreements with Police Command.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: Sieradzki
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Schweifler to adopt the or-
dinance amending sections 2 and 12 of the Police-Fire Retirement System Ordinance.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
Absent: Sieradzki
ADOPTED (requires second -reading)
ADJOURNMENT:
The Regular Commission Meeting for the City of Muskegon was adjourned at 9:36 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/ AAE
City Clerk.
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Request for Charitable Gaming License
SUMMARY OF REQUEST: Hospice of Muskegon-Oceana is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
-~ ~ = = = : ' .
OF MUSKEGON -OCEA NA
REQUEST TO MUSKEGON CITY COUNCIL
TO: MUSKEGON CITY COUNCIL
FROM: HOSPICE OF MUSKEGON-OCEANA
JENNIFER BRIGGS RUSSELL, VOLUNTEER COORDINATOR
AMMY JOHNSON, COMMUNITY RELATIONS COORDINATOR
SUBJECT: RESOLUTION FOR CHARITABLE GAMING LICENSE
DATE: 1/31/2001
Hospice of Muskegon - Oceana would like to conduct a raffle for a handmade quilt
to celebrate Volunteer Month at our Annual Volunteer Luncheon on April 27, 2001.
Enclosed is a copy of our non-profit status, and the sample format provided by the
Bureau of State Lottery for a Charitable Gaming License Resolution .
Thank you for your attention in this matter.
• A United Way Agency
Midtown Building 1095 Tl1ird Street Suite 209 Musl<egon, Ml 4944 1 23 1-728-3442 Muskegon 231-873-0359 Oceana FAX 23 1-722-0708
~ CHARITABLE GAMING DNISION
101 E. HILLSDALE, BOX 30023
LANSING, MICHIGAN 48909
(517) 335-5780
LOTTERY www.state.mi.us/milottery
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(9))
2001 - 13(b)
Ata Regular meetingofthe City Commission
_ _....__ _.,,..,RE"""G""ULAR,....,..,,.-,-OR,:-Sc-,,P-:-EC"°"IA...,.L_____ TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD
called to order by __M
_a_.y__o_r_N_i_e_ls_e_n_ _ _ _ _ _ _ _ _ _ on February 13, 2001
DATE
at._ _. . ;.5. . ;.:_30___ lil<'dt./p.m. the following resolution was offered:
TIME
Movedby Commi ssioner Sc hweifler andsupportedby Commi ssioner Shep herd
that the request from i-\05P IC~ 0'FWlU5\LtpOf\f COUNl'/ of _1..,.M.....r.. .,A.....
S ~-----&:.-0__,__1'-.-1
. . ._ _
NAME OF ORGANIZATION CITY
county of _ __,,Wl~l/l,.__.,.S.._IL_..S"-&Q.:.oa...a-: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_va_l_ _ _ _ _ __
APPROVAL/DISAPPROVAi.
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 __c
_,__·t_y__C.,.,.o...,..rnm___i s__s...,i_o_n_ _ _ _ _ _ at a __Re__q"-u_l_a_r_____________
TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD REGULAR OR SPECIAL
meetingheldon Fe bruary 13, 2001
SIGNED: ~ Q •L . ~=~"" "'"
Gail A. Kundinger, Ci ty Clerk
PRINTED NAME AND TITLE
933 Terrace, PO Box 536 , Mu skegon, MI 49443-0536
ADDRESS
e 1c 1gan ottery w, no 1scnm1nate agains any in 1v1 ua or group ecause o COMPLETION: Required.
race, sex, religion, age, national origin, color, merilal status, qualified disability or PENALTY: Possible denial of application.
political belief in its activities or in its hiring or employment practices.
BSL-CG-1153(R8/00)
~-CHARITABLE GAMING DIVISION
C/O ACCOUNTING RAFFLE LICENSE
101 E.HILLSDALE,BOX30023
LANSING, MICHIGAN 48909 APPLICATION
(517)335-5780 . _
lOT1ERY www.state.mi.us/milottery Authority: Act 382 of the Public Acts of 1972, as amended.
ALLOW-4 WEEKS FOR PROCESSING.
PLEASE PRINT OR TYPE IN BLUE OR BLACK INK.
1. Organization Name 2. Organization 1.0. Number or
Last License Number Issued
Hospice of Muskegon COUNTY, IV1C,
3. Organization Address
1095 Third Street I 14BS2-
City State ZIP Code County
Muskegon MI 49441 Muskegon
4. Has your organization ever received a license such as bingo, special bingo, millionaire party, raffle, special charity game, or numeral game?
@ Ye$ - Complete application and ~ubmit with the appropriate fee.
D No - Please follow the instructions on the qualification guideline. If a guideline was not included or you do not understand it, contact
our office at (517) 335-1159 to inquire as to what documentation must be submitted to qualify for licensing.
5. Is your organization a candidate committee, political committee, 6. Has your organization received contributions or made expenditures
political party committee, ballot question committee, independent of $500 or more in the last calendar year for the purpose of
committee or any other committee as defined by, and organized influencing or attempting to influence the action of voters for or
pursuant to, the Michigan Campaign Finance Act 388 of the against the nomination or election of a candidate, or the
Public Acts of 1976, as.amended, being sections 169.201 to qualification, passage, or defeat of a ballot question?
169.282 of the Michigan Compiled Laws?
0Yes QgNo 0Yes ~No
7. List name, title, home address, and telephone numbers of the principal officer, e.g. president, grand knight, worthy matron, etc., and one other officer of
the or anization. Must be available to si n below.
Name and Title Street, City, State, ZIP Code Telephone Numbers
Name Home
Ammy Johnson 5987 Lakeshore Dr. (231 )894-1505
11lle WOrk
Marketing Specialist Montague, MI 49437
Name
Cheryl Munn 9470 Silver Creek Whitehall (231 894-9134
Title Work
Office Manager Whitehall, MI 49461 (231 )728-3442
I CERTIFY that I am at least 18 years of age, the organization applying Is a NONPROFIT organization, the facts underlying our original qualification stat1,1s remain
unchanged, and I have examined this application and there are no misrepresentations or falsification in the information stated. I FURTHER CERTIFY that I am
aware that false or misleading statements Will be cause for rejection of this application or revocation of the right to obtain any future licenses and I AM AWARE OF
AND AGREE TO the condilions of Act 382 of the Public Acts of 1972, as amended, and the rules and directives Issued by the Michigan Lottery.
Print ame Title Date
/7J/Jt2Sl#I (3 A/21..l':2StC '/ ,B?at eooRJ): I- s/-O/
PLEASE COMPLETE THE BACK PAGE OF THIS APPLICATION
PLEASE MAKE A COPY OF THE COMPLETED APPLICATION FOR YOUR RECORDS
e JC 1gan ottery w1 not 1scnmmate agamst any m !VI ua or group ecause COMPLETION: Required for ficensure.
of race, sex, rel!glon, a~e, national origin, color, marital s!atus, qualified disability or
PENALTY: No license will be Issued.
political belief ln its ac\1vilies or in i!s hiring or employment practices.
, 1111111111111111111111111 BSL-CG-1655 (R10/99)
9. Contact Person 10. Event location (building name, if any)
Jennifer Bri s Russell COU-'G GI
- Street Address
I q o?, WI Af2 UetTl:; A \}t:;, .
State ZIP Code
MI 4944;1.
Home Telephone Work Telephone State ZIP Code County
231 780-9141 231 728-3442 1(\1\~ .qq441... vl51C-E bON.
Date~~~---- Time (a.m./p.m.) _ _ _ _ to _ _ __ All drawing dates included on this application must be at the same location.
$15 for 1, 2, or 3 drawing dates plus $5 for each additional drawing date.
Date _ _ _ _ _ __ Time (a.m./p.m.) _ _ _ _ lo _ _ __ (Ex8mple: 1 drawing date= $15 fee, 6 drawing dales= $30 fee.)
Dale _ _ _ _ _ __ Time (a.m./p.m.) _ _ _ _ lo _ _ __
Date_______ Time (a.m./p.m.) _ _ _ _ lo _ _ __
$ 15.00
D Check here ii there are additional drawing dates and attach list.
Date _ _ _ _ _ __ Time (a.m./p.m.} _ _ _ _ to _ _ __ AH drawing dates included on this application must be at the same location.
Date _ _ _ _ _ __ Time (a.m./p.m.) _ _ _ _ to _ _ __
$50 X
D Check here if there are additional drawing dates and attach list. Number of Dales
12. list name, home address, and telephone numbers of the person(s) in charge of event Must be member for 6 months. II more than one chairperson,
attach additional list.
Event Chairperson Street, City, Stale, ZIP Code Telephone Numbers
Home
5987 Lakeshore Dr. (231 )894-1505
Johnson Work
Montague, MI 49437 (231 ) 7 28-3442
Raffle rule 504(1) states, in part: "All raffle tickets ... shall contain the following minimum information printed in a clear and legible manner:
(a) The name of the licensee. .(f) A unique sequential identification number on the raffle ticket and
(b) The license number. ticket stub.
(c) The word "raffle," (g) The top prize or other information as directed by the bureau. -
(d) The date, time, and location of the drawing. {h) · The stub of the ticket retained by the licensee shall contain a
( e) The price of the raffle ticket. space for the purchaser's name, address, and phone number."
• Complete all white areas below in ink; ensure the ticket is printed with all of the required items.
• Indicate any additional information that will appear on the actual ticket.
• For large prizes, you may want to include a disclaimer that states "If xxx {indicate number) tickets are not sold, the·
drawing will revert to a 50/50 raffle with the minimum prize of $xxx {indicate dollar amount) awarded."
Make checks payable to: . STATE OF MICHIGAN
Submit completed applicaUon, supporting documents, and license fee to:
Charitable Gaming;'CiOAccouiiting, Box 30023, Lansing, Ml 48909 •
Internal Revenue Service Department of the Treasury
District Director
P. 0. Box 32509
Detroit, Michigan 48232
Date: Employer Identification Number:
JUL l 4 1982 )3-241 5247
Accounting Period Ending:
Decercber 31st .
Foundation Status Classification:
509(a)(1) & 170(b)(1)(A)(vi)
Advance Ruling Period Ends:
t> Hospice of Muskegon County, Inc.
221 South Quarterline Road Dece~ber 31, 1983
Person to Contact:
~·,!uskegon, rv~ichiga:-i 491~42
L. Olson
Contact Te!epf-:o,,e Number:
( 313) 226-7.330 Not Toll Free
Dear Applicant:
Based an information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have determined you are exempt
from Federal income tax under section 50l(c)(3) of the Internal Revenue Code.
Because you are a newly created organization, we are not now making a final
determination of your foundation status under section 509(a) of the Code. However,
we have determined that you can reasonably be expected to be a publicly supported
organization described in section 509(a)(1) & 170(b)(1)(A)(vi).
Accordingly, you will be treated as a publicly supported organization, and not
as a private foundation, during an advance ruling period. This advance ruling period
begins on the date of your inception and ends on the date shown above.
Within 90 days after the end of your advance ruling period, you must submit to
us information needed to determine whether you have met the requirerr,ents of the
applicable support test during the advance ruling period. If you establish that you
have been a publicly supported organization, you will be classified as a section
509(a)(l) or 509(a)(2) organization as long as you continue to meet the requirements
of the applicable support test. If you do not meet the public support requirements
during the advance ruling period, you will be classified as a private foundation for
future periods, Also, if you are classified as a private foundalion, you will ba
treated as a private foundation from the date of your inception for purposes of
sections 507(d) and 4940.
Granters and donors may rely on the determination that you are not a private
foundation until 90 days after the end of your advance ruling period. If you submit
the required information within the 90 days, granters and donors may continue to
rely on the advance determination until the Service makes a final determination of
your foundatijn status. However, if notice that you will no longer be treated as a
section tg~ff
\ll(~ii?O organization is publis~ed in the Internal Revenue Bulletin,
granters arid on6ts may not rely on this determination after the date of such
publication. Also, a granter or donor may not rely on this determination if he or
she was in part responsible for, or Wf,~f~are of, the act or failure to act that
resulted in your loss of section (g~(f)(i (t-]7°
status, or acquired knowledge that
the Internal Revenue Service had giVen no icl that you would be removed from
classification as a section {gJ(f)Ul
(ei)70 organization.
P.O. Box 32510, Detroit, Ml 48232 (over) Letter 1045(DO) (6-77)
ef
If your sources of support, or your purposes, character, or method of operation
change, please let us know so we can consider the effect of the change on your ·
exempt status and foundation status. Also, you should inform us of all changes in
your name or address.
Generally, you are not liable for social security (FICA) taxes unless you file
a waiver of exemption certificate as provided in the Federal Insurance Contributions
Act. If you have paid FICA taxes without filing the waiver, you should call us. You
are not liable for the tax imposed under the Federal Unemployme~t Tax Act (FUTA),
Organizations that are not private foundations are not subject to the excise
taxes under Chapter 42 of the Code. However, you are not automatically exempt from
other Federal excise taxes. If you have any questions about excise, employment, or
other Federal taxes, please let us know.
Donors may deduct contributions to you as provided in sec,:on 170 of the Code.
Bequests, legacies, devises, transfers, or gifts to you or for your 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.
You are required to file Form 990, Return of Organization Exempt from Income
Tax, only if your gross receipts each year are normally more tr.an $10,000, If a
return is required, it must be filed by the 15th day of the fifth month after the
end of your annual accounting period. The law imposes a penalty of $10 a day, up to
a maximum of $5,000, when~ return is filed late, unless there is reasonable cause
for the delay.
You are not required to file Federal income tax returns u~less you are subject
to the tax on unrelated business income under section 511 of tte Code. If you are
subject to this tax, you must file an income tax return on For~ 990-T. In this
letter, we are not determining whether any of your present or proposed activities
are unrelated trade or business as defined in section 513 of the Code.
You need an employer identification number even if you have no employees. If
an employer identification number was not entered on your application, a number will
be assigned to you and you will be advised of it. Please use ttat number on all
returns you file and in all correspondence with the Internal Revenue Service.
Because this letter could help resolve any questions about your exempt status
and foundation status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and telephone
number are shown in the heading of this letter.
Sincerely yours,
District Director
Letter 1045(DO) (6-7;.
Internal Revenue Service Department of the Treasury
District Director
JUN J l 1984 Outlatlero.ted:
July 14, 1982
Person lo eom.ct:
Myrna Huber
Contact Telephano Numlw:
513-684-2501
c, Hospice of Muskegon County, Inc.
221 South Quaterline Rd. Case No. 31410204lEO
Muskegon, Mi. 49442
Dear Sir or Madam:
This modifies our letter of the above date in which we stated that
you would be treated as an organization which is not a private foundation
until the expiration of your advance ruling period.
Based on the information you submitted, we have determined that you
are not a private foundation within the meaning ot section 509(a) o! the
Internal Revenue Code,E becau.se you are an organization of the type described
in section 509(a)(l) . Your exempt status under section 501(.q)(:S) ot the
.coda is still in e!!ect.
Granters and contributors may rely on this datemnation until the
Internal ·Revenue Service publishes notice to the contrary. However, a
grantor or a contributor may not rely.on this deteI'lllination 1! he or she was
in part responsible tor, or.was aware o!, the act or failure to act that
resulted in your loss or section 509(a)(l)* status, or acquired
knowledge that the Internal Revenue Service had given notice that you would
be removed from classification as a section 509(a) (1)* organization.
Because this letter could help resolve any questions about your private
foundation status, please keep it in your permanent records.
I! you have any questions, please contact the person whose name and
telephone number are shown above.
James J. Ryan
District Director
*170(b)(l)(A)(vi)
P.O. Box 2508, Cincinnati. Ohio 45201 Latter 1050 (DOI (7-77)
••b
Date: January 31, 2001
To: Honorable Mayor and City Commissioners
From: Ric Scott ~~
RE: 2001 72' Riding Lawn Mower Bids
SUMMARY OF REQUEST:
To purchase 72' riding lawn mower from Spartan
Distributors
FINANCIAL IMPACT:
$13,022, including a trade-in of an 11 year old mower.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Afnnnatlve Action
23 I /724-6703
FAX/7~2-1214
Assessor
23 l /724-6708
FAX/726-5181
Cemetery
2311724-6783
F AX/726-5617
Civil Senice
2311724-67 16
FAX1724-4405 West Michigan's Shoreline City
Clerk
2311724-6705
FAX/724-4 178
Date: January 31, 2001
Comm. & Neigh.
Services To: Honorable~ / ~d City Commissioners
23 I /724-6717
FAX1726-2501
From: Ric Scotti)?'
~
Engineering
231/724-6707 Re: 2001 72' riding Lawn Mower Bids
FAX/727-6904
On Tuesday, January 30, 2001 one bid was received in
Finn nee
2311724-6713
response to an advertisement for bids to provide a 72'
FAX/724-6768 riding lawn mower to replace an eleven-year old mower.
Fire Dept, The life expectancy is 10 years. The only bid received
231/724-6792 was from Spartan Distributors for $13,022, including a
FAX1724-6985
trade-in on the old mower. All of our 72' riding lawn
Income Tax
2311724-6770
mowers are Toro's.
FAX1724-6768
Staff recommends that you award the contract to Spartan
Info. Systems Distributors.
23 I 1724-6744
FAX/722-4301
Thank you for your consideration.
Leisure Service
2311724-6704
FAX1724-1196
Manager's Office
· 231/724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX1722-1214
Inspection Services
231/724-6715
F AX/726-250 I
Planning/Zoning
23 I /724-6702
FAX/724-6790
Pollce Dept.
231/724-6750
FA X/722-5140
Publlc Works
231/724-4100
FAX/722-4188
Trcnsurer
231/724-6720
F AX/724-6768
Water Billing Dept.
23 I /724-6718
FAX1724-6768
Waler FIitration
231/724-4106
FAX1755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: January 31, 2001
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: 2001 Turf Truck Bids
SUMMARY OF REQUEST:
To purchase a 4 x 4 turf truck from Spartan Distributors
FINANCIAL IMPACT:
$14,329
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
23 I /724-6703
FAX/722-12 14
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
23 I /724-6783
FAX/726-5617
Civil Ser vice
231/724-6716
FAX/724-4405 West Mlclligan's Sllorellne City
Clerk
23 I /724-6705
FAX/724-4178
Date: January 31, 2001
Comm. & Neigh.
Services To: Honorable Ma~o~d City Commissioners
;ya,,#
231/724-67 17
FAX/726-2501
From: Ric Scott
Engineering
23 l /724-6707 Re: 2001 Turf Truck Bids
FAX/727-6904
On Tuesday, January 30, 2001 one bid was received in
Finance
231/724-67 13
response to an advertisement for bids to provide a 4 x 4
FAX/724-6768 turf truck for use by the city's horticulturist. The
Fire Dept. bid received was from Spartan Distributors for $14,329.
231/724-6792 We have been using Toro turf trucks for several years
FAX/724-6985
since Jacobson went out of business.
Income Tax
23 l /724-6770 The truck is included in the 2001 budget. Staff
FAX/724-6768
recommends that you award the bid to Spartan
Info. Systems Distributors.
231/724-6744
FAX/722-4301
Thank you for your consideration.
Leisure Service
231 /724-6704
FAX/724-1196
Manager's Office
231/724-6724
FAX/722- 1214
Mayor's Office
23 I /724-67 0 I
FAX/722-1214
Iuspectlon Services
231/724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
F AX/724-6790
Police Dept,
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Wuler Bllllng Dept.
231 /724-67 18
FAX/724-6768
Waler Fll!rallon
23 l /724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: January 31, 2001
To: Honorable Mayor and City Commissioners
From: Ric Scott Ir:$;#
RE: 2001 Dumpster Bids
SUMMARY OF REQUEST:
To award the contract to provide dUl'ilpsters to various
city parks to Sunset Waste Services
FINANCIAL IMPACT:
Approximately $8,092
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
23 I /724-6703
FAX/722-1214
Assc~sor
231/724-6708
FAX/726-5181
Cemetery
23 l /724-6783
FAX/726-5617
Civil Service
231/724-6716
FAX/724-4405 West MlcltJgan's Sltol'ellne City
C lerk
23 l /724-6705
FAX/724-4178
Date: January 31, 2001
Comm. & Neigh.
Services
231/724-6717
To: Honorable M
::JJ?
a_.n. p City Commiss ioners
FAX/726-2501
From: Ric Scott /~~tf/U-
Engineering
23 l /724-6707 Re: 2001 Dumpster Bids
FAX/727-6904
On Tuesday, January 30, 2001 two bids were receive d in
Finance
23 l /724-6713
r esponse to an advertisement for bids to provide
FAX/724-6768 dumpster services to various city parks and facilities .
Fire Dept, Two bids were received as follows:
231/724-6792
F AX/724-6985 Waste Management $9,986
Income Tax Sunset Waste $8,092
231/724-6770
FAX/724-6768 These costs are based on the unit prices per dumpster
Info. Systems times the number of dumpsters anticipated throughout the
231/724-6744
FAX/722-4301
system, and could vary depending on actual use.
However, the numbers as compared to the other company
Leis ure Service
231/724-6704
will be comparable.
FAX/724-1196
Based on the bids, staff is recommending you award the
Manoger's Office contract to the low bidder, Sunset Waste.
23 l /724-6724
FAX/722- 1214
Thank you for your consideration.
Mayor's Office
231/724-670 1
FAX/722-1214
Inspection Services
231 /724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
F AX/722-4 188
Treasurer
231/724-6720
FAX/724-6768
Weter Billing Dept.
231/724-6718
FAX/724-6768
Water FUtrntlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Commission Meeting Date: February 13, 2001
Date: January 30, 2001
To: Honorable Mayor & City Commission
From: Planning & Economic Development DepartmentC'-,3:::,
RE: Brownfield Consulting Contract- Anne Couture
SUMMARY OF REQUEST: The City of Muskegon has been contracting
with Anne Couture, of Couture Environmental Strategies LLC, during the
last three years, to assist us with our Brownfield activities. She has
excellent contacts at the Department of Environmental Quality, since
she worked there several years ago. Therefore, her assistance is
important in moving forward on the technical aspects of our Brownfield
Authority. Not only does Ms. Couture work closely with our City Staff,
but we also refer potential brownfield applicants to her. In the future,
Brownfield applicants will be paying a fee, which will help defray the
costs of the contract. Funds for Ms. Couture's current contract have
been expended. Therefore, the Commission is asked to approve the
current proposal from Ms. Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $10,000. It is
expected that this amount will allow for at least a year of services
(perhaps longer, ifwe have several brownfield applicants).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and Couture Environmental Strategies
LLC, and authorize the Mayor and Clerk to sign the proposal.
COMMITTEE RECOMMENDATION: None.
200 1- ·13 ( q)
Couture
Environmental Strategies LLC January 25, 2001
Ms. Cathy Brubaker-Clarke
Director of Community and Economic Development
City of Muskegon
PO Box 536
Muskegon, Ml 49443-0536
Re: Proposal for Continuation of SeNices
Brownfield Redevelopment Activities
Dear Cathy:
Couture Environmental Strategies LLC is pleased to submit this proposal to the
City of Muskegon ("City") to continue to provide the City with assistance on various
Brownfield redevelopment activities within the City. This effort primarily involves working
with the City, developers, businesses, and state officials to utilize all available Brownfield
Redevelopment tools that provide incentives to redevelop Brownfield properties. This
includes adding sites to the Muskegon Brownfield Plan through amendments to the Plan.
Scope of Work
The Scope of Work for the proposed seNices of Couture Environmental
Strategies LLC includes the following:
• Based on referrals obtained from the City, work with developers, property owners,
their attorneys and environmental consultants to evaluate the eligibility of properties
to be included in the City of Muskegon's Brownfield Plan.
• Provide recommendations to the City regarding Brownfield Plan amendments, or use
of other incentives available to the City to redevelop Brownfield properties.
• Upon concurrence by the City or its Brownfield Authority, prepare amendments to the
Brownfield Plan, with advice and counsel from City attorneys.
• Undertake other Brownfield Redevelopment activities as directed by the City.
Cost Estimate
The services of Couture Environmental Strategies LLC will be billed to the City
on an hourly basis; my current hourly rate is $140/hour. Time will be billed based on
actual hours worked and direct costs incurred. Costs to the City for these services will
not exceed $10,000 unless specifically authorized by the City. This amount of funding
I 451 Shoal Avenue • Richland, Michigan 49083 • 616 629•9842 • Fax: 616 629•9104 • E-Mail: couture@net-linlc.net
Ms. Cathy Brubaker-Clarke 2 01/25/01
is likely to be sufficient to fund approximately one year of Brownfield Redevelopment
support activities.
Agreement
Attached to the letter are Provisions for Representation by Couture
Environmental Strategies LLC ("Provisions"). This letter and the attached Provisions
constitute a contractual agreement for services. If these terms and conditions are
acceptable, I would appreciate your acknowledging acceptance of them by signing and
returning the enclosed copy of this letter. Please don't hesitate to call if you have any
questions.
Sincerely,
a__ ;J. ~
Anne P. Couture
Couture Environmental Strategies LLC
Agreed and Accepted
2.-15-01
Representative Date
Fred J. Nielsen, Mayor
Attachment
Gail A. Kundinger
City Clerk
Ms. Cathy Brubaker-Clarke 3 01/25/01
PROVISIONS FOR REPRESENTATION BY
COUTURE ENVIRONMENTAL STRATEGIES LLC
Except as modified by an engagement letter, the following provisions will apply to the
relationship between Couture Environmental Strategies LLC and each of its clients:
1. Fees for services rendered will be based on the reasonable value of those
services. Fees will be based primarily on our standard hourly billing rates and the numbers of hours
worked. Couture Environmental Strategies LLC will adjust billing rates from time to time.
2. Time for which a client will be charged will include, among other things, telephone
and office conferences with the client, consultants, regulators, public officials, and others;
investigations; research; report preparation; document review and comment; drafting of letters,
memoranda and other documents; and travel time.
3. In addition to our fees, we bill for costs and expenses incurred in performing
services, including photocopying, messenger and delivery service, travel, telecopying, and other
similar costs and expenses. Certain of these items may be charged at more than our direct cost to
cover our overhead.
4. Although we may estimate fees or costs that we anticipate will be incurred, these
estimates are subject to unforeseen circumstances and are by their nature inexact. We will not be
bound by any estimates except to the extent expressly set forth in the engagement letter.
5. Fees and expenses will be billed monthly and are payable within 30 days.. We
generally send our statements on the first of the month following the month to which the bill relates.
We reserve the right to postpone or defer providing additional services or to discontinue our
representation if billed amounts are not paid promptly.
6. A client shall have the right to terminate our services and representation upon
written notice. Such termination, however, will not relieve the client of the obligation to pay for all
services rendered and costs or expenses paid or incurred on behalf of the client prior to termination.
7. We reserve the right to withdraw from our representation if, among other things,
any fact or circumstance would, in our view, render our continuing representation unethical. If we
withdraw for cause, we will be entitled to be paid for all services rendered and costs and expenses
paid or incurred on behalf of the client prior to withdrawal.
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Police Department Parking Lot
SUMMARY OF REQUEST:
The contract for Milling and Resurfacing the Police Department's Parking Lot be awarded
to Key Construction, Inc. out of Comstrock Park. Key Construction was the lowest, see
attached bid tabulation, responsible bidder with a bid price of $17,759.90
FINANCIAL IMPACT:
The construction cost of $17,759.90 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None, this project is in the 2001 budget.
STAFF RECOMMENDATION:
Award the contract to Key Construction.
COMMITTEE RECOMMENDATION:
BID TABULATION
B-227 POLICE DEPARTMENT PARKING LOT RESURFACE
ENGINEER'S ESTIMATE KEY CONSTRUCTION LAKESIDE CONST ALSPHALT PAVING
UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL
DESCRIPTION QUANTIT UNIT PRICE TOTAL PRICE PRICE PRICE PRICE PRICE PRICE PRICE
1 ADJUST CATCH BASIN CASTING 2 EACH $400.00 $800.00 $350.00 $700.00 $350.00 $700.00 $150.00 $300.00
2 ADJUST MANHOLE COVER 1 EACH $400.00 $400.00 $350.00 $350.00 $350.00 $350.00 $150.00 $150.00
3 AGG PREPARATORY WORK 968 SYD $3.00 $2,904.00 $1.25 $1,210.00 $15.00 $14,520.00 $2.25 $2,178.00
4 BIT LEVELING MIX 3C@165#/S. YD. 85 TON $60.00 $5,100.00 $67.50 $5,737.50 $70.00 $5,950.00 $70.00 $5,950.00
5 BIT TOP MIX4C@165#/S. YD. 85 TON $65.00 $5,525.00 $67.50 $5,737.50 $85.00 $7,225.00 $80.00 $6,800.00
6 CONC. CURB, 6"X14" 20 L FT $12.00 $240.00 $20.00 $400.00 $25.00 $500.00 $20.00 $400.00
7 CONC DRIVE APPROACH.STD 6" 7 SYD $30.00 $210.00 $105.00 $735.00 $55.00 $385.00 $150.00 $1,050.00
8 CONC SIDEWALK 6" 9.4 S FT $7.00 $65.80 $15.00 $141.00 $15.00 $141.00 $15.50 $145.70
9 PAVEMENT MARKING,4" WHITE 496 L FT $0.50 $248.00 $0.35 $173.60 $1.25 $620.00 $0.80 $396.80
10 REMOVING CONC APPROACH 3 SYD $10.00 $30.00 $30.00 $90.00 $100.00 $300.00 $50.00 $150.00
11 REMOVING BIT SURFACE 968 SYD $8.00 $7,744.00 $2.25 $2,178.00 $7.00 $6,776.00 $4.55 $4,404.40
12 REMOVING CURB 27.4 L FT $5.00 $137.00 $9.50 $260.30 $15.00 $411.00 $6.00 $164.40
13 REMOVING CONC SIDEWALK 9.4 S FT $1.00 $9.40 $5.00 $47.00 $15.00 $141.00 $16.00 $150.40
TOTAL $23,413.20 $17,759.90 $38,019.00 $22,239.70
Date: January 25, 2001
To: Honorable Mayort",,d/:!ty Commissioners
From: Ric Scott §$'1./efi,J~
RE: Vending Contract for Parks
SUMMARY OF REQUEST:
To approve a three-year contract with Coca-Cola for
providing vending machines within City parks
FINANCIAL IMPACT:
Approximately $7,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
...\flirmal in• .-\rfio 11
23 11724-6703
FA \ /722- 12 1-1
.hsl'Ssor
231 /72 4-6708
F,\ \/72 6-5 18 1
CcnH' ll' r~
23 1/72 4-1,78.l
Fr\\/711,-% 17
Ch·il St•1-vin·
2.l 1/724-6 7 16
FA\/724-44115 West Michigan's Shm-elb1e City
Clerk
1J 11724-67115
F,\\1724 -4 178
Da t e: January 25, 2001
2J 1/724-6 7 17
To: Honor able ~Y~~ City Commis sione rs
F.\ \/7 2<,-250 1
From: Ric Scott/~
E11g,i11l'l'ri11g
23 1/724-1, 7117 Re: Vendi ng Contract for Parks
F.\ \ /727-1,9114
Three proposals have been received to provide vending
Fi11a11n
23 I /724-(, 7 IJ
services for City parks. Proposals have been received
F.-\ \/724-1,7(,S from the distributors of Coca-Cola, Pepsi, and 7-Up.
Fi n· Ul'l)I.
1J 1/72 4-1,792
At their meeting on Monday, January 22 nd , the Leisure
F. \ \/724-1,985 Services Board recommended that we give Coca-Cola an
rll fO IHl' Ta:\ exclusive three- year contract for vending services in
13 1/7 24-6770 city parks. Coca-Cola offered more money, more
F.\ \/724-6 768
products, more incentives and a shorter-term contr act
lnfu. Systems than the other suppliers did.
23 1/7 H -l, 74-I
FA.\ 1722-4JIJ I
Basically Coca-Cola will give the City 45% of all sales.
l.ci.,,irl' Scr\'in• They will pay a bonus of $ . 50 per case if over 500 cases
23 1/724-6 704
F,1\/724- 11%
are sold. 502 cases were sold in 2000. They are
providing approximately $1,800 in free product. They
;\ la11a~t· r ' s Orlin•
2.J 1/724-1,724 will also do a marketing program giving away free shirts
F.-\\1722- 12 14 (a $1,000 value) . The total estimated value for the
;\ layor', Offkr first year is about $15,000.
23 1/724-6 7111
F.-\ X/722- 12 14 Staff recommends that you concur with the Leisure
.'\l'igh. & Cons t. Services Board and award a three- year exclusive vending
S l'f\'il't'!-. contract to Coca- Cola for c i ty parks.
23 1/724-1, 7 I 5
F.-\X /72 /,-l S0I
Thank you for your consider ation.
Pla1111i11g/Zo11in}!
23 11724-6702
FA X/72 4-67'/ll
Polkc DL•pt.
23 1l7H -6 7SIJ
FAX/722-S 1411
P11hlic \Vorks
231/724-411111
F \ X/722-4 188
Tn·a~urc r
23 1/724-67211
FAX/724-6768
\\' all•r Bi llin:,.: Dcpl.
23 1/724-67 18
FX\/724-6768
\\ :tier Filtration
23 1/724-41116
l•.-\\/7SS-S2911
C ity of Muskegon, 933 Te rrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MDOT Agreement for
Deck overlay@ Marquette over US-31
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the Deck overlay on Marquette Ave.
over US-31; together with the necessary related work. And to approve the attached
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
While this is an MOOT project, we are required to participate since the project falls
within the City's limits. The City's share is estimated at $9,400 but not more than
11.25% of eligible cost. The total cost of the project is $460,000.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve attached resolution.
COMMITTEE RECOMMENDATION:
TRANSPORTATION STATE OF MICHIGAN
COMMISSION
BARTON W. LaBELLE, Chairman
JACK L GINGRASS, Vice Chairman
LOWELL B. JACKSON
BETTY JEAN AWREY
TEDB. WAHBY
JOHN W. GARSIDE JOHN ENGLER, GOVERNOR
LH 0-0 (4/99) DEPARTMENT OF TRANSPORTATION
TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
PHONE: (517) 373-2090 FAX: (517} 373-0167 WEB SITE: http:l/www.mdot.state.mi.us
JAMES R. DeSANA, DIRECTOR
January 19, 2001
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon,MI49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract No.: 00-5556
Control Section NH 61075
Job Number 48729
Enclosed is the original and one copy of the above described contract between your organization and
the Michigan Department of Transportation (MDOT). Please take time to read and understand this
contract. If this contract meets with your approval, please complete the following checklist:
Please do not date the contracts. MDOT will date the contracts when they are executed.
A contract is not executed unless it has been signed by both parties.
Secure the necessary signatures on all contracts.
Include a certified resolution. The resolution should specifically name the officials who
are authorized to sigu the contracts.
Return all copies of the contracts to my attention of the Department's Design Division,
2nd floor for MDOT execution.
A copy of the executed contract will be forwarded to you. If you have any questions, please feel free
to contact me at (517) 335-2264.
Sincerely,
g,o:.vj
G
2~> S-1,t/,__ ef.v
Jackie Burch
Contract Processing Specialist
Enclosure Design Division
RESOLUTION 2001-14 ( i)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE DECK
OVERLAY AND RELATED WORK ON THE MARQUETTE @ US-31 OVERPASS AND
AUTHORIZATION FOR MAYOR FRED J. NIELSEN AND CITY CLERK GAIL A KUNDINGER TO
EXECUTE SAID CONTRACT
Moved by Vice Mayor Sieradzki and supported by
Commissioner Benedict that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 00-5556 between the Michigan
Department of Transportation and the City of Muskegon for the DECK OVERLAY ON THE
MARQUETTE@ US-31 OVERPASS within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 00-5556 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
.
Adopted this__1_3_t_h__day of Februar y , 2001.
BY ~ , ~
Fred J. Nielsen, Mayor
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
February ·13 , 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.
FMUSKEGON
rk
DAB
FEDERAL AID PROGRESS PAYMENT Control Section NH 61075
Job Number 48729
Federal Item HH 2707
Federal Project NH 0161(208)
Contract 00-5556
THIS CONTRACT is made and entered into this date of _ _ _ _ _ _ _ _ _ _, by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafterreferred to as
the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "CITY"; for the purpose of fixing the rights and obligations of the
parties in agreeing to construction improvements.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them and contributions by
agencies of the Federal Government or other sources will be sufficient to pay the cost of construction
orreconstruction of that which is hereinafter referred to as the "PROJECT" and which is located and
described as follows:
Deck overlay work on portions of Structure SOI of 61075 which carries Marquette
A venue over Highway US-31; together with necessary related work; located within
the corporate limits of the CITY.
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be: $460,000
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form of a written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
1. The CITY hereby consents to the designation of the PROJECT as a state trunkline
highway. The parties shall undertake and complete the construction of the PROJECT as a state
trunkline highway in accordance with this contract. The term "PROJECT COST", as herein used,
is hereby defined as the cost of constrnction or reconstruction of the PROJECT including the costs
of preliminary engineering, plans and specifications; acquisition costs of the property for rights of
05/29/87 AF A.FOR 1/10/01 1
way, including interest on awards, attorney fees and court costs; physical construction necessary for
the completion of the PROJECT as determined by the DEPARTMENT; and engineering, legal,
appraisal, financing, and any and all other expenses in connection with any of the above.
2. The cost of alteration, reconstruction and relocation, including plans therefor, of
certain publicly owned facilities and utilities which may be required for the construction of the
PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such cost
determined by the DEPARTMENT, prior to the commencement of the work, to constitute a
betterment to such facility or utility, shall be borne wholly by the owner thereof.
3. The CITY shall make available to the PROJECT, at no cost, all lands required;
therefore, now owned by it or under its control for purpose of completing said PROJECT. The CITY
shall approve all plans and specifications to be used on that portion of this PROJECT that are within
the right of way which is owned or controlled by the CITY. That portion of the PROJECT which
lies within the right of way under the control or ownership by the CITY shall become part of the
CITY facility upon completion and acceptance of the PROJECT and shall be maintained by the
CITY in accordance with standard practice at no cost to the DEPARTMENT. The DEPARTMENT
assumes no jurisdiction of CITY right of way before, during or after completion and acceptance of
the PROJECT.
4. The parties will continue to make available, without cost, their sewer and drainage
structures and facilities for the drainage of the PROJECT.
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. The balance of the PROJECT COST shall be charged to and paid by the
DEPARTMENT and the CITY in the following proportions and in the manner and at the times
hereinafter set forth:
DEPARTMENT- 88.75%
CITY 11.25%
The PROJECT COST and the respective shares of the parties, after Federal-aid, is estimated
to be as follows:
TOTAL BALANCE
ESTIMATED FED AFTER DEPT'S CITY'S
COST AID FEDERAL AID SHARE SHARE
$460,000 $376,500 $83,500 $74,100 $9,400
Participation, if any, by the CITY in the acquisition of trunkline right-of-way shall be in
accordance with 1951 P.A. 51 Subsection ld, MCL 247.651d. An amount equivalent to the federal
highway funds for acquisition ofright-of-way, as would have been available if application had been
made therefore and approved by the Federal government, shall be deducted from the total PROJECT
05/29/87 AFA.FOR 1/10/01 2
COST prior to determining the CITY'S share. Such deduction will be established from the
applicable Federal-Aid matching ratio current at the time of acquisition.
6. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the CITY on a
monthly basis for the CITY'S share of the cost of work performed to date, less all payments
previously made by the CITY. No monthly billings of a lesser amount than $1,000 shall be made
unless it is a final or end of fiscal year billing. All billings will be labeled either "Progress Bill
Number _ _ _ _ _ ", or "Final Billing". Upon completion of the PROJECT, payment of all items
of PROJECT COST and receipt of all Federal Aid, the DEPARTMENT shall make a final billing
and accounting to the CITY.
7. In order to fulfill the obligations assumed by the CITY under the provisions of this
contract, the CITY shall make prompt payments of its share of the PROJECT COST upon receipt
of progress billings from the DEP ARTMENTas herein provided. All payments will be made within
30 days of receipt of billings from the DEPARTMENT. Billings to the CITY will be based upon
the CITY'S share of the actual costs incurred less Federal Aid earned as the work on the PROJECT
progresses.
8. Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a
sufficient amount of funds received by it from the Michigan Transportation Fund to meet its required
payments as specified herein.
9. If the CITY shall fail to make any of its required payments when due, as specified
herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the State
of Michigan or such other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the amount thereof,
and, if such default is not cured by payment within ten (10) days, said State Treasurer or other state
officer or agency is then authorized and directed to withhold from the first of such moneys thereafter
allocated by law to the CITY from the Michigan transportation Fund sufficient moneys to remove
the default, and to credit the CITY with payment thereof, and to notify the CITY in writing of such
fact.
10. The DEPARTMENT shall secure from the Federal Government approval of plans,
specifications, and such cost estimates as may be required for the completion of the PROJECT; and
shall take all necessary steps to qualify for Federal Aid such costs of acquisition of rights of way,
construction, and reconstruction, including cost of surveys, design, construction engineering, and
inspection for the PROJECT as deemed appropriate. The DEPARTMENT may elect not to apply
for Federal Aid for portions of the PROJECT COST.
11. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
05/29/87 AFA.FOR 1/10/01 3
12. All of the PROJECT work shall be done by the DEPARTMENT.
13. In connection with the performance of the PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the
State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title
42 U.S.C. Sections 1971, 1975a-1975d, and2000a-2000h-6 and the Regulations of the United States
Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix
"B", attached hereto and made a part hereof, and will require similar covenants on the part of any
contractor or subcontractor employed in the performance of this contract. The parties will carry out
the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE)
program and 49 CFR, Part 26, including, but not limited to, those requirements set forth in Appendix
C.
14. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the CITY and for the DEPARTMENT;
upon the adoption of a resolution approving said contract and authorizing the signatures thereto of
the respective officials of the CITY, a certified copy of which resolution shall be attached to this
contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
Nielsen, Mayor
r------~
J tvc.s
;f-1<:-o; :
05/29/87 AFA.FOR 1/10/01 4
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties ofa particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission;·said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor bas not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall he given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, Color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, ·or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinentto ascertain compliance with such
Reglliations or directives. Where 3iiY info"rfil8tion rei:jllired Or a contractor' iS in the· CXCiusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Ad.ministration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcOntract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non~
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C .. 1001 and/or the Program Fraud
of
. Civil Remedies Act 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Commission Meeting Date: February 13, 2001
Date: February 6, 2001
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Receipt of 2001 - 2002 CDBG and HOME
Proposals/Public Hearing
SUMMARY OF REQUEST: For the Commission to approve the
acceptance of the 2001 - 2002 CDBG/HOME proposals and to
authorize the CNS staff to continue the process by first conducting a
public hearing on tonight and continuing the procedure until the City
Commission makes it final allocation decision on March 27, 2001.
FINANCIAL IMPACT: The City is proposed to receive $1,387,000 in
CDBG funding and $572,000 in HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the 2001 - 2002
CDBG/HOME allocation procedures and to conduct scheduled public
hearing.
COMMITTEE RECOMMENDATION: None
2001 - 2002 CDBG / HOME ACTIVITY
Community Development Block Grant City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
1 Muskegon Community Health Project $ 5,000.00 *
"Miles for Smile Dental Services"
2 West Michigan Veterans 5,000.00 *
Veterans Assistance
3 Love, Inc 8,600.00 *
Free Home Repair to low-income
4 HealthCare 5,951.00 *
Health screening to low-income
5 American Red Cross 5,000.00 *
Senior Transportation
6 Volunteer Muskegon 23,700.00 *
Youth Survey/Mapping
7 Volunteer Muskegon 80,000.00 *
Keep Kids in School Truancy
8 Legal Aid of Western Michigan 36,814.00 *
Counseling/Legal Education
9 Family Services Center, Inc 74,713.25 *
Comprehensive Housing Assistance
10 Oakview Neighborhood Association 7,231.00 *
Repairing of Community Center Roof
11 Fire/Inspection 155,000.00
Dangerous Building/Demolition
12 Leisure Services 60,000.00
Playground equipment at McCrea Park
13 Community and Neighborhood Services 570,246.00
Housing & Rehabilitation Services
14 Community and Economic Development 86,000.00
Code Enforcement
City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
15 Community and Neighborhood Services $ 182,267.00 **
CDBG Administration *
16 Depart of Public Works 97,307.02 **
Senior Transit
17 Manager's Office 30,000.00
Contract Compliance
18 Engineering/ CNS 180,000.00
Sidewalk Assessment Relief
19 Planning/DPW 90,000.00 *
City-lot upkeep program
20 Leisure Services 90,500.00 *
Inner city-youth recreation
21 Finance Dept 240,000.00
Repayment of Shoreline Dr. Bond
Total CDBG Request 2,033,329.27
Total CDBG Allocated 1,387,000.00
Allocated/Request Difference $ (646.329.271
Total Amt of Public Service* 529,816.27
Public Service mandated Amt 15% 208,050.00
Difference $ (321.766.271
Total Arnot of City Administration Request 212,267.00
Administrative mandated Amt 20% 277,400.00
$_ 65.133.00
HOME City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
2 Community and Neighborhood Services $ 100,000.00
Tax-reverted Rehabilitation
3 Community and Neighborhood Services 100,000.00
HOME Rental Rehabilitation
4 Community and Neighborhood Services 130,000.00
HOME Infill Program
5 Community and Neighborhood Services 57,200.00 ***
HOME Administration
6 Neighborhood Investment Corp 75,000.00 ****
Housing Rehab, Neighborhood Imp.
7 Bethany Housing Ministries, Inc 40,000.00 ****
Housing Rehabilitation
8 Muskegon County Habitat for Humanity 31,000.00 ****
New Construction/Rehabilitation
9 Trinity Village Non-Profit Housing Corp 59,935.00 ****
Single-Family Acquisition
Total Amt of HOME Request 593,135.00
Total Amt HOME Allocation 572,000.00
Difference 1 (21,135.00)
Total Amt of HOME Administration 57,200.00
Total Amt mandated 10% 57,200.00
Difference 0
Total amt of HOME CHDO request 205,935.00
Total Amt mandated 15% 85,800.00
Difference 1 (120.135.00)
NOTE
*Public Service, **City CDBG Administration, ***HOME Administration, ****CHOO Request
Q:CNS\Common\Excel\01.02_Act
Date: January 23, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
SIXTH STREET FROM HOUSTON TO MUSKEGON
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Sixth Street from
Houston to Muskegon, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Sixth Street from Houston to Muskegon
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 13, 2001 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 13, 2001, there were _ _ _% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 13.32% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 13, 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 _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
EXHIBIT A
Sixth Street from Houston to Muskegon
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Sixth Street from Houston to Muskegon
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ENGINEERING FEASIBILITY STUDY
For
SIXTH STREET FROM HOUSTON TO MUSKEGON
The reconstruction of Sixth Street between Houston Ave. & Muskegon Ave., see attached
location map, was initiated by the City due to the conditions of the road and the fact that it was
on the on the five year capital improvement plan. The improvement being proposed consists of a
complete removal of all existing pavements including curb and gutter and the placement of a
new street pavement that will include a new curb and gutter.
A memo from the Assessor's office, which addresses the appraisal and benefit information is
attached.
The preliminary cost estimate for the work associated with paving is approximately $85,000 with
the length of the project being approximately 284 lineal feet or 311 .50 of assessable front
footage. This translates into an estimated improvement cost of $272.87 per assessable foot. The
assessment figure will be at a cost not to exceed $36.36 per front foot.
MUSKEGON COUNTY
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
M C H G A N (231) 724-6386
FAX (231) 724·1129
EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis January 26, 2001
Clarence Start..
1v10
hamme d Al- Shate I, c·1ty Engmeer
.
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
assessment district entailing the reconstruction of Sixth Street between Houston
Avenue and Muskegon Avenue. The purpose of this analysis is to document the
reasonableness of this special assessment district by identifying and quantifying
any accrued benefits. It is subject to the normal governmental restrictions of
escheat, taxation, police power and eminent domain. The effective date is
January 26, 2001.
In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value
enhancement and the intrinsic value that will accrue from an overall increase in
property values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$36.35 appears
reasonable in light of analysis that indicates a possible enhancement of $36.67.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
Sincerely, n.,, n ()
9~ Q. ~
Jerry A Groeneveld, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA IM Employer
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NOTICE OF HEARING ON SPECIAL ASSESSMENT
Fi11.111cc
231/724-<,713 Dear Property Owner:
F \'S../724-67MI
Fin· Dept. The Muskegon City Commission is considering whether or not to create a special
2Jl/1H-67'J2
F.\X/724-6985
assessment district which would assess your property for the following paving project:
lncoml' T;1_,
2Jl/7H-677U Sixth Street, Houston avenue to Muskegon Avenue.
F-\.'\1724-6768
Info, Sy~ll'IIIS The proposed special assessment district will be located as follows:
Bl/724-67H
F.\X/722-43111
All parcels abutting Sixth Street from the North ROW line of Houston Avenue to
Ll'isu1c Scnict>
:?31/724-670-1 the south ROW line of Muskegon Avenue.
L\X/724-11%
\l.1n:1gi:r's Office It is proposed that a portion of the above improvement will be paid by special
23 l -'724-<, 724
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assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you .
.\la)or's Officl•
2311724-(,701
F.\Xm.2-1214 Public Hearings
'\l'igh. S, Cons!.
Sl•n ices
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An initial public hearing to consider the creation of a special assessment district will be
I· \_'\.f"2<,-:!:'iOI held at the City of Muskegon City Commission Chambers on FEBRUARY 13, 2001 at
l'l;111nin)!IZ011in)! 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
231172-1-(,702
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in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
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your agreement or opposition to the special assessment. This card includes the
F.\\/722-51-IO property identification and description, assessable footage per City policy, and the
l'uhlic \\ orks estimated cost of the assessment. You may also appear, as above, in lieu of, or in
2311724--IIUO addition to mailing your response card to the City Clerk. Written objections or
F \:\/722-4188
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
rrc.i.,urcr
231/724-6720
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
FAX/72-1-(,768 IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
\\ atcr Billing De111.
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
Bl/724-6718
FAX/724-6768
Water Filtration
231/7U--1 I06
FAX/7:'liS-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be mailed a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $85,000 of which
approximately 13.32% ($11,323.03) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
lnter~st- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the lime the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
SIXTH STREET H-1528
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the repair/replacement
of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2000
\.\ .
''
FAMILY SIZE INCOME LIMIT
1 $22,800
2 26,040
3 29,340
4 32,580
5 35,160
6 .
37,800
7 40,380
8 43,020
For each extra, add 3,240
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurredfrom repairs done by a private contractor or by
doing them yourself, will !1QJ. be reimbursed
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13,2001
Project Title: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street from the North ROW line of Houston
Avenue to the south ROW line of Muskegon Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the yity Commission for the scheduled public hearing, please return this card by the date
indicat~d above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address:
Parcel Number
MAP Number:
Assessable Frontage:
Estimated Front Foot Cost:
ESTIMATED TOTAL COST
Property Description
NLY 92 FT LOT 1 BLK 347
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
• Owner
1AM OPPOSED
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __
•
Address Address
Thank you for taking your time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
Sixth Street, Houston to Muskegon &
Windsor, Henry to Barclay
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Sixth Street from Houston to Muskegon
&
• All properties abutting Windsor from Henry to Barclay
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON FEBRUARY 13, 2001 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: FEBRUARY 3, 2001 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
H-1528 Sixth Street, Houston avenue to Muskegon Avenue.
24-205-348-0007-00 KNIGHT JOHNNIE ASSESSABLE FEET: 55
24-31-30-251-008 406 HOUSTON AVE COST PER FOOT: $36.35
@ 0 6THST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,999.25
#: 5
24-205-347-0001-00 SEARER JAMES R ASSESSABLE FEET: 46
24-31-30-183-009 113 EMMETT ST COST PER FOOT: $36.35
@ OW MUSKEGON GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: $1,672.10
#:
24-205-348-0007-10 KNIGHT JOHNNIE ASSESSABLE FEET: 38.5
24-31-30-251-009 406 HOUSTON AVE COST PER FOOT: $36.35
@ 414 HOUSTON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,399.48
#: 6
24-205-347-0012-00 MITCHELL ROBERT ASSESSABLE FEET: 66
24-31-30-183-020 1260 7TH ST. COST PER FOOT: $36.35
@ 428 HOUSTON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,399.10
#: 3
24-205-348-0006-00 ARNOLD DELORIS ASSESSABLE FEET: 66
24-31-30-184-003 441 W. MUSKEGON AVE. COST PER FOOT: $36.35
@ 441 W MUSKEGON MUSKEGON Ml 49442 ESTIMATED P.O. COST: $2,399.10
#: 4
24-205-347-0001-10 SEARER JAMES R ASSESSABLE FEET: 40
24-31-30-183-010 113 EMMETT ST COST PER FOOT: $36.35
@ 1221 6THST GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: $1,454.00
#: 2
SUM OF ASSESSABLE FOOTAGE: 311.50 SUM OF ESTIMATED P.O. COST: $11,323.03
TOTAL NUMBER OF ASSESSABLE PARCELS 6 % OF TOTAL PROJECT: 13.3212058823529
01/31/2001 Page 1 of 1
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 13 TH DAY OF FEBRUARY, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:
All parcels abutting Sixth Street from the North ROW line of Houston Avenue to the
south ROW line of Muskegon Avenue.
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON FEBRUARY 3, 2001.
DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF FEBRUARY, 2001.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _~2001.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES _ _ _ _ _ _ __
SPECIAL ASSESSMENT
HEAR.ING RESPONSE CARD .
To have your vote count, please .
Return This Card By: FEBRUARY 13,2001
Project Title: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street from the North ROW line of Houston
Avenue to the south ROW line of Muskegon Avenue.
lNSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the Cit,Y Commission for the scheduled public hearing, please return this card by the date
indicafed above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information ....... ··
Pr6perty Address: 1221 · 6TH ST -,_ .-c:~,,--, ,_ _
Parcei Number 24-205-347-0001-10
MAP,,~umber: 24-31-30-183-010
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,454.00
Property Description
SLY 40 FT LOT 1 BLK 347
Your vote COUNTS!
Please vote either in favor or opposed to.the Special Assessment Street Paving Project.
Owner
I 1\M. II~ FAVOR
• Owner
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature ....;,...::;;....,i.:f!-".i.lJ.4,.~.....-¥-;;;;;...u.:.f.l
Address Address
2
Thank you for taking your time to vote on this important issue. G/2.!rif}cJ '"'"Mt+UEn)
!YlT Lf1'tf JJ
SPECIAL ASSESSMENT
HEARING RJ,;SPONSE C.l:\RQ
To have your vote count, please
Return This Card By: FEBRUARY 13,2001
ProjectTitle: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street from the North ROW line of Houston
Avenue to the south ROW line of Muskegon Avenue.
INSTRU.CTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicati:ld above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
AssE,ssment Information
Property Address: 441 · W MUSKEGON AVE
Parcel Number 24-205-348-0006-00
MAP Number: 24-31-30-184-003
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $36.35 per Foot
. ESTIMATED TOTAL COST $2,399.10
Property Description
VI/ 1/2 LOT 5 AND AL_L LOT 6 BLK 348
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
i AM IN FAVOR
•
Address
,'\RNOLD DELORIS
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMEf\jT
1--IEAR!NG HE:SPC)NSE CAF:D
To have your vote count, plr:;ase
Return This Card By: FEBRUAF!Y 13,2001
Project Title: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street from the North ROW line of Houston
Avenue to the south ROVV line of Muskegon Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: ·.
Parcel Number 24-:205-3413-0007 -'I 0
rv1AP Number: 24-3 ·1-30-:251-009
Assessable Frontage:
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,399.48
Property Description
SELY 77 FT LOT 7 BLK 348
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project
1AM IN FAVOR
[]
___ ___ ___ __
, ,. ,,, ,.....,,..,...,...,
I AM OPPOSED
Owner·· Owner
Signature - - - - - - - - - - · · · Signature
Address --------------Address
6
Thank you for taking your time to vote 011 this important issue.
SPECiAL ASSESSMENT
HEARING RESi=>·ONSE CARD
To have your vote count, please
Return This Card By: FE:BRUARY 13,2001
Project Title: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street from the North ROW line of Houston
Avenue to the south ROW line of Muskegon Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information ..
Property Address: 0 1/V MUSKEGON AVE
Parcel Number 24-205-34 7-0001-00
MAP Number: 24-31-30-183-009
Assessable Frontage: 46 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,672.10
Property Description
NLY 92 FT LOT 1 BLK 347
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
Signature
•
Address
Thank you for taking your time to vote on this important issue. r;,_; ,<2A ;JDrn ))A~, E;-J',)
J)lL 1/1 o/)J
SPECIAL ASSESSMENT
Rl;CE~VED
FEB - 8 2001
HEARING RESPONS.E CARD
Cit y cierks Office
To have your vote count,.pie·ase
· · Return This Card By: FEBRUARY 13,2001
Projec!t Title: Sixth Street, Houston avenue to Muskegon Avenue.
Project Description: All parcels abutting Sixth Street froni the North ROW line of Houston
Avenue to the south ROW line of Muskegon Avenue:. ·
· iNSTRUCTiONS ·
· If you wish to have your written vote included as part of the tabulation of votes forwarded to
the· Cfty Commission for the scheduled public hearing, please return this card by the date
·indicated above. To use this response card please indicate whether you Op.p ose or Favor
this special ·assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing; Be sure to seal the form with a small piece of tape or staple prior to mailing .
.. . . . .., .. ,_ . . • .•
Assessment Information .· . · '\.•
: '·
Property Address: 0 6THST
Parcel Number 24-205-348-0007-00
: . ~~ \ . ...·.;
MAP Number': 24-31-30-251-008 .
Assessable. Frontage: 55 Feet
Estimated Front Foot Cost: $36.35 . per Foot
ESTIMATED TOTAL COST $1,999.25
Property Description
NWl.Y 55 FT LOT 7 BLK 348
Your vote COUNTS!
Please-vote ·either in favor or opposed to the Special Assessment Street Paving Project.
I AM. IN FAVOR
'• . . ~ • : • J . •,
., _,, _ ;, ·' _ :',IAM OPPOSED ~
Own.e r ~ . . . . w ~ ~ ~.lli;;:..,-~;;...._ _ Owner ·':i\6hn_lin,iB:...,b~t.=------
::;r:~;e , ,. . a. il.l W. 1.1,:. .:a1~....,a..,.,.,i~~---- ::~::::e
Thank you for taking your time to vote on this important issue.
:4-~~~!~ -·
5
H-1528 SIXTH STREET, HOUSTON TO MUSKEGON
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
total of 6 parcels
FOR OPPOSE
EEfI EEBteENIAGE
ADD.
• MAP# FT
• 1 OM
ADD. MAP#
24-31 -30-183-009
FT
46
2 1221 24-31-30-183-010 40
4 441 M 24-31-30-184-003 66
TOTAL ASSESSABLE FRONT FOOTAGE 311.500 5 0 24-31-30-251-008 55
6 414 H 24-31-30-251-009 38.5
FRONT FEET OPPOSED 245.5 78.81%
RESPONDING FRONT FEET IN FAVOR 0.000 0.00%
NOT RESPONDING - FRONT FEET IN FAVOR 66,000 21.19%
TOTAL FRONT FEET IN FAVOR 66.000 21.19%
TOTALS 0 245.5
TABULATED AS OF: 02/13/01 05:07 PM
Date: January 23, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Windsor Ave., Henry to Barclay
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Windsor Ave., Henry
Street to Barclay project and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2001-15 ( c)
Resolution At First Hearing Creating Special Assessment District
For Windsor from Henry to Barclay
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 13, 2001 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 13, 2001, there were 24. 11 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners As 1akson and _;S:..cPc::ac:.t.::.ar:...;o::...__ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estim.ates it is expected
that approximately 28.09% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Shepherd, Sieradzki. Spataro. Aslakson, Nielsen, Schweifler
Nays Benedict
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 13, 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.
EXHIBIT A
Windsor from Henry to Barclay
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Windsor from Henry to Barclay
AFFIDAVIT OF MAILING BY CITY CLERK
STATEOFMICHIGAN )
) ss
COUNTY OF MUSKEGON)
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 13 TH DAY OF FEBRUARY, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:
All parcels abutting Windsor Avenue fromthe east ROW line of Barclay Street to the
west ROW line of Henry Street._
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON FEBRUARY 3, 2001.
DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF EBRUARY 2001.
- Q_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
)Sr!, DAYOF &/i cu q t;<L__ , 2001.
Cknda g0 ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
<
MY COMMISSION EXPIRES t --alS--o .2,
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I
ENGINEERING FEASIBILITY STUDY
Windsor from Henry to Barclay
The proposed new construction on Windsor from Henry to Barclay, see attached location map,
was initiated by the City due to the following reasons:
I. That section of Windsor between Kinsey & Barclay is gravel, therefore, in keeping with the
City's goals of eliminating all gravel roads made this road a leading candidate for roadway
construction.
2. The need to improve the water flow as well as upgrading the water services. This will be
accomplished by the proposed installation of a new 8" water main between Henry and
Barclay.
The combination of the above reasons makes the selection of this street for improvements an
ideal one.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $250,000
with the length of the project being approximately 1,960 lineal feet or 2299.27 of assessable
front footage. This translates into an estimated improvement cost of$108.73 per assessable foot.
The assessment figures will be at a cost not to exceed $36.35 per front foot for the gravel section
of Windsor between Kinsey and Barclay and an assessment of $17. 70 for that section of Windsor
between Kinsey & Henry since the proposed type of improvement on this section is Milling &
Resurfacing. ·
I MUSKEGON COUNTY
I M C H G A N
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
I BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
I Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
I James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start January 22, 2001
I Mohammed AI-Shatel, City Engineer
City of Muskegon
933 Terrace Street
I Muskegon, MI 49443
Mr. AI-Shatel:
I In accordance with your request, I have examined the proposed special assessment district
entailing the paving of Windsor Avenue between Kinsey Street and Barclay Street and the
I resurfacing of Windsor Avenue between Henry Street and Kinsey Street. The purpose of this
analysis is to document the reasonableness of this special assessment district by identifying and
quantifying any accrued benefits. It is subject to the normal governmental restrictions of
I escheat, taxation, police power and eminent domain. The effective date is January 22, 2001.
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
I reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
I encompasses primarily residential properties. The front foot rate of$36.35 for the paving of
Windsor Avenue between Kinsey Street and Barclay Street appears reasonable in light of
I analysis that indicates a possible enhancement of$35.87. Additionally, the front foot rate of
$ I 7. 70 for the resurfacing of Windsor Avenue between Kinsey Street and Henry Street
appears reasonable in light of analysis that indicates a possible enhancement of$16.72. The
I conclusions are based upon the data presented within this limited analysis in restricted format,
and on supporting information in my files.
I Sincerely,
I p~o.2J~
Jerry A Groeneveld, CMAE 3
I Senior Appraiser
I
I TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
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Affirmalin> .-\di1111
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F.\\/722-121-1
. \~~l'SSOI"
.231/72-1-67(18
F\\/726-5181
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F. \\.'726-% I '7 February 2, 2001
Ci, ii Ser, in•
231!72-l-6"'1<,
F.\\m-1--UH5 West Michigan's Shoreline aty
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.231172-1-6705
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Parcel Number - - - - -: at ---------'--
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F \\1727-<i'JU-I NOTICE OF HEARING ON SPECIAL ASSESSMENT
Fin;1nn·
.231ti.2-t-t,71J
F \\172-1-(, .. M{
Dear Property Owner:
1-'in· lkpl.
2311"'2-t-61')2 The Muskegon City Commission is considering whether or not to create a special
F.\\.'724-6'>85 assessment district which would assess your property for the following paving project:
lm:umc Ta\
.231172-l-(,77ll
F.-\\/72-1-6768
Windsor Avenue, from Barclay Street to Henry Street.
Info. SJ~tem,
2Jll7.2-t-67H The proposed special assessment district will be located as follows:
F \\,'71.2-430\
l,d~UI l' Sen ire All parcels abutting Windsor Avenue from the east ROW line of Barclay Street to
2J 1172-1-(, 70-1
F.\\172-1-11%
the west ROW line of Henry Street.
\lauagcr', Offin·
2Jl-'724-l, .. 2-I
It is proposed that a portion of the above improvement will be paid by special
F\.\/722-121-1 assessment against properties in the aforementioned district. Following are conditions
,1a~ur', Offire of the proposed special assessment which are important to you.
2Jl/72-1-6~Ul
I· \\1722-121-1
Public Hearings
2J!"'12-t-(,'.'15 An initial public hearing to consider the creation of a special assessment district will be
I·\ V72(,-25HI
held at the City of Muskegon City Commission Chambers on FEBRUARY 13, 2001 at·
l'lanningli'.onin)!
2J[Ji.24-(1 7U.2
5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
I· \\172-1-h .. 'Jlf in writing to express your opinion, approval, or objection concerning the proposed
!',din· Uq,t.
special assessment. We are enclosing a Hearing Response Card for you to indicate
2Jl1"7.2-t-(,"'5U your agreement or opposition to the special assessment. This card includes the
I- \\/7.2.2-51-tU
property identification and description, assessable footage per City policy, and the
l'uhlil' \\ ork, estimated cost of the assessment. You may also appear, as above, in lieu of, or in
2J1:7H--IIUU
F\\1722--IIHH addition to mailing your response card to the City Clerk. Written objections or
·1 ft'<l'Urcr
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
231172-1-(,720 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
F.\\/7U-676H
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
\\ all'r Uilling De111. OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
2Jl/72-1-671H
FA\/72-1-6768
Water Filtration
lJl/72-1--1106
F.\X/7SS-!i29U
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be mailed a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $250,000 of which
approximately 28.09% ($70,234.39) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments -Ten (10) years equal annual principal payments
plus applicable interest as described below.
\
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the Gity Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address:
Parcel Number
MAP Number:
Assessable Frontage:
Estimated Front Foot Cost:
ESTIMATED TOTAL COST
Property Description
LAKETON AVE ADDITION LOT 74 & E 112 LOT 75
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
•
_ _ _ _ _ _ _ _ _ _ _ _ _ Owner
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __
I AM OPPOSED
•
Address Address
Thank you for taking your time to vote on this important issue.
. ' . 1
CITY OF MUSKEGON
WINDSOR AVENUE H-1519
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receiyethi~ application sevefal ti,µes'd;J.fffe<JJI hily~if!fi~tfll!ffltiiif}p]ease il(~c<ird.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the repair/replacement
of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2000
FAMILY SIZE INCOME LIMIT
I $22,800
2 26,040
3 29,340
4 32,580
5 35,160
6 37,800
7 40,380
8 43,020
For each extra, add 3,240
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurred from repairs done by a private contractor or by
doing them yourself, will not be reimbursed
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
Sixth Street. Houston to Muskegon &
Windsor. Henry to Barclay
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Sixth Street from Houston to Muskegon
&
• All properties abutting Windsor from Henry to Barclay
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON FEBRUARY 13, 2001 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: FEBRUARY 3, 2001 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services. for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street. Muskegon. Ml 49440
(231) 724-6705 or TDD (231) 724-6773
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-525-000-0074-00 HEKKEMA ALBERT M ASSESSABLE FEET: 60
24-30-36-228-026 620 CENTER ST COST PER FOOT: $17.70
@ 1895 CROWLEY S MUSKEGON Ml 49445 ESTIMATED P.O. COST: $1,062.00
#:
24-525-000-0076-00 RODRIGUEZ RAMIRO/BERTA ASSESSABLE FEET: 60
24-30-36-229-014 1896 CROWLEY ST COST PER FOOT: $17.70
@ 1896 CROWLEY S MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,062.00
#: 2
24-480-002-0019-10 WALKER ROBERT G ASSESSABLE FEET: 70
24-30-36-204-026 1895 FRANKLIN ST COST PER FOOT: $36.35
@ 1895 FRANKLIN S MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,544.50
#: 3
24-480-001-0014-00 GILLAND MICHELLE E ASSESSABLE FEET: 68.07
24-30-36-205-013 1898 FRANKLIN ST COST PER FOOT: $36.35
@ 1898 FRANKLIN S MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,474.34
#: 4
24-480-006-0001-00 ROELOFS DANIEL ASSESSABLE FEET: 35.7
24-30-36-21 0-001 1007 WINDSOR AVE COST PER FOOT: $36.35
@ 1910 FRANKLIN S MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,297.70
#: 5
24-480-005-0028-00 KOOi LARRY A ASSESSABLE FEET: 66
24-30-36-209-013 1911 FRANKLIN ST COST PER FOOT: $36.35
@ 1911 FRANKLIN S MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,399.10
#: 6
24-525-000-0099-00 POTHOFF WAYNE R/ROBERTA J ASSESSABLE FEET: 60
24-30-36-229-023 1893 HENRY ST COST PER FOOT: $17.70
@ 1893 HENRY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,062.00
#: 7
01/31/2001 Page 1 of7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-175-000-0015-00 BUDNIC JENNIE ASSESSABLE FEET: 60
24-30-36-233-015 1933 CROWLEY ST COST PER FOOT: $17.70
@ 1907 HENRY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,062.00
#: 8
24-525-000-0015-00 MUSKEGON APOSTOLIC TABER ASSESSABLE FEET: 58.5
24-30-36-226-023 PO BOX 1249 COST PER FOOT: $36.35
@ 1895 HUDSON ST MUSKEGON Ml 49443-1249 ESTIMATED P.O. COST: $2,126.48
#: 9
24-525-000-0016-00 LOWING LAURA ASSESSABLE FEET: 62.5
24-30-36-227-013 1896 HUDSON ST COST PER FOOT: $36.35
@ 1896 HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,271.88
#: 10
24-175-000-0103-00 LAKE MABEL N ASSESSABLE FEET: 78
24-30-36-230-005 1911 HUDSON ST COST PER FOOT: $36.35
@ 1911 HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,835.30
#: 11
24-175-000-0048-00 GARRILLO ALFRED/SAMANTHA ASSESSABLE FEET: 39
24-30-36-232-001 1914 KINSEY ST COST PER FOOT: $17.70
@ 1914 KINSEY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $690.30
#: 12
24-480-003-0015-00 JOSEPHSON GEORGE L ASSESSABLE FEET: 67
24-30-36-203-012 1897 NEVADA ST COST PER FOOT: $36.35
@ 1897 NEVADA ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,435.45
#: 13
24-480-004-0001-00 EDGERTON BRIAN/RUTH ASSESSABLE FEET: 47
24-30-36-208-012 1911 NEVADA ST COST PER FOOT: $36.35
@ 1911 NEVADA ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,708.45
#: 14
01/31/2001 Page 2 of 7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-175-000-0108-00 ZELLER WILLIAM/JANET ASSESSABLE FEET: 39
24-30-36-230-001 971 WINDSOR AVE COST PER FOOT: $36.35
@ 0 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 16
24-175-000-0134-00 RUHSTORFER ANGELA M ASSESSABLE FEET: 38
24-30-36-210-004 993 WINDSOR AVE COST PER FOOT: $36.35
@ 0 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,381.30
#: 15
24-175-000-0016-00 DONEY ROBERT G ASSESSABLE FEET: 40
24-30-36-233-003 829 WINDSOR AVE COST PER FOOT: $17.70
@ 829 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 17
24-175-000-0017-00 HOLT JAMES E/ROSELLA A ASSESSABLE FEET: 40
24-30-36-233-002 835 WINDSOR AVE COST PER FOOT: $17.70
@ 835 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 18
24-17 5-000-0018-00 MATZ MARY A TRUST ASSESSABLE FEET: 40
24-30-36-233-001 841 WINDSOR COST PER FOOT: $17.70
@ 841 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 19
24-175-000-0043-00 HAWRYLIW NEIL A ASSESSABLE FEET: 40
24-30-36-232-006 1366 SEMINOLE RD COST PER FOOT: $17.70
@ 855 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 20
24-175-000-0044-00 KAMMERS DALE ASSESSABLE FEET: 40
24-30-36-232-005 859 WINDSOR AVE COST PER FOOT: $17.70
@ 859 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 21
01/31/2001 Page 3 of 7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-175-000-0045-00 LAPAJCZYK OLGA ASSESSABLE FEET: 40
24-30-36-232-004 865 WINDSOR AVE COST PER FOOT: $17.70
@ 865 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $708.00
#: 22
24-525-000-0075-00 HEKKEMA ALBERT M ASSESSABLE FEET: 60
24-30-36-228-016 620 CENTER ST COST PER FOOT: $17.70
@ 866 WINDSOR A MUSKEGON Ml 49445 ESTIMATED P.O. COST: $1,062.00
#: 23
24-175-000-0046-00 HANDY ELAINE V ASSESSABLE FEET: 39
24-30-36-232-003 873 WINDSOR AVE COST PER FOOT: $17.70
@ 873 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $690.30
#: 24
24-175-000-004 7-00 GORDON MICHAELE ASSESSABLE FEET: 39
24-30-36-232-002 2203 CLIFFORD ST COST PER FOOT: $17.70
@ 879 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $690.30
#: 25
24-525-000-0046-00 BUDNIC JENNIE ASSESSABLE FEET: 58.5
24-30-36-228-015 1933 CROWLEY ST COST PER FOOT: $17.70
@ 884 WINDSORA MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,035.45
#: 26
24-175-000-0073-00 SCHROPP CAROL ASSESSABLE FEET: 39
24-30-36-231-006 899 WINDSOR AVE COST PER FOOT: $36.35
@ 899 WINDSOR A MUSKEGON Ml 49441-0000 ESTIMATED P.O. COST: $1,417.65
#: 27
24-175-000-007 4-00 RYAN FLOYD A ASSESSABLE FEET: 39
24-30-36-231-005 905 WINDSOR AVE COST PER FOOT: $36.35
@ 905 WINDSORA MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 28
01/31/2001 Page 4 of 7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-525-000-0045-00 HOSLER SHERYL A ASSESSABLE FEET: 62.5
24-30-36-227-024 906 WINDSOR AVE COST PER FOOT: $36.35
@ 906 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,271.88
#: 29
24-175-000-0075-00 RYAN FLOYD A ASSESSABLE FEET: 39
24-30-36-231-004 905 WINDSOR AVE COST PER FOOT: $36.35
@ 913 WINDSORA MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 30
24-175-000-0076-00 SLATER CHESTER JR ASSESSABLE FEET: 39
24-30-36-231-003 1979 WEBSTER RD COST PER FOOT: $36.35
@ 919 WINDSOR A MONTAGUE Ml 49437 ESTIMATED P.O. COST: $1,417.65
#: 31
24-175-000-0077-00 KARAFA JOHN T/LAURA D ASSESSABLE FEET: 39
24-30-36-231-002 1896 HUDSON COST PER FOOT: $36.35
@ 925 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 32
24-175-000-0078-00 MORENCY CHRIS A ASSESSABLE FEET: 39
24-30-36-231-001 931 WINDSOR AVE COST PER FOOT: $36.35
@ 931 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 33
24-175-000-0105-00 PUSEY ELDEN ASSESSABLE FEET: 39
24-30-36-230-004 955 WINDSOR AVE COST PER FOOT: $36.35
@ 955 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 34
24-175-000-0106-00 ZELLER WILLIAM/JANET ASSESSABLE FEET: 39
24-30-36-230-003 971 WINDSOR AVE COST PER FOOT: $36.35
@ 963 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 35
01/31/2001 Page 5 of7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-500-000-0014-00 TAV GLOBAL SOLUTIONS GROU ASSESSABLE FEET: 50
24-30-36-226-013 900 3RD ST STE 125 COST PER FOOT: $36.35
@ 966 WINDSOR A MUSKEGON Ml 49440 ESTIMATED P.O. COST: $1,817.50
#: 36
24-175-000-0107-00 ZELLER WILLIAM/JANET ASSESSABLE FEET: 39
24-30-36-230-002 971 WINDSOR AVE COST PER FOOT: $36.35
@ 971 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,417.65
#: 37
24-500-000-0013-00 LIND CHARLES A ASSESSABLE FEET: 50
24-30-36-226-012 972 WINDSOR AVE COST PER FOOT: $36.35
@ 972 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,817.50
#: 38
24-500-000-0012-00 WILSON RONALD L ASSESSABLE FEET: 100
24-30-36-205-022 990 WINDSOR AVE COST PER FOOT: $36.35
@ 990 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,635.00
#: 39
24-175-000-0135-00 RUHSTORFER ANGELA M ASSESSABLE FEET: 44.5
24-30-36-210-023 993 WINDSOR AVE COST PER FOOT: $36.35
@ 993 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,617.58
#: 40
24-480-006-0001-10 ROELOFS DANIEL ASSESSABLE FEET: 72.5
24-30-36-210-033 1007 WINDSOR AVE COST PER FOOT: $36.35
@ 1007 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,635.38
#: 41
24-480-002-0019-00 WHITE HEATHER/WHITE ROSE ASSESSABLE FEET: 55
24-30-36-204-015 1346 POULSON RD COST PER FOOT: $36.35
@ 1046 WINDSOR A MUSKEGON Ml 49445 ESTIMATED P.O. COST: $1,999.25
#: 42
01/31/2001 Page 6 of 7
H-1519 Windsor Avenue, from Barclay Street to Henry Street.
24-480-005-0001-00 CZINDER STEPHEN ASSESSABLE FEET: 66
24-30-36-209-001 1055 WINDSOR AVE COST PER FOOT: $36.35
@ 1055 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,399.10
#: 43
24-480-002-0018-00 ZIMMER PATRICIA ASSESSABLE FEET: 62.5
24-30-36-204-014 1056 WINDSOR AVE COST PER FOOT: $36.35
@ 1056 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,271.88
#: 44
24-480-004-0001-10 KLIMSZA FREDRICK J/MORIANN ASSESSABLE FEET: 40
24-30-36-208-013 4510 POULIN ST COST PER FOOT: $36.35
@ 1095 WINDSOR A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,454.00
#: 45
SUM OF ASSESSABLE FOOTAGE: 2299.27 SUM OF ESTIMATED P.O. COST: $70,234.39
TOTAL NUMBER OF ASSESSABLE PARCELS 45 % OF TOTAL PROJECT: 28.0937558
01/31/2001 Page 7 of 7
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please City C:e,k.s Cffic,)
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTlO-NS
if you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicat~d above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1895 CROWLEY ST
Parcel Number 24-525-000-007 4-00
MAP Number: 24-30-36-228-026
Assessable Frontage: . . 60 Feet
Estimated Front Foot Cost: $17.70 per Foot
ESTIMATED TOTAL COST $1,062.00
Property Description
LAKETON AVE ADDITION LOT 74 & E 1/2 LOT 75
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
LXI
Owner
1AM IN FAVOR
Signature
----------
-------------
• Owner
S·1gnature \/,/t./,_.
. I AM OPPOSED,
f)j':L
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Address - - - - - - - - - - - - - A d d r e s s (;,'..~ D (2,,,f, I ',i{.'.'Jh . ;fc; r C')c,i"l>)
HEKKEMA ALBERT M J;/
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
IN;STRUCTI_ONS,
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1911 NEVADA ST.
Parcel Number 24 ..480-004-0001-00
MAP Number: · 24-30-36-208-012
Assessable Frontage: 47 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,708.45
Property Description
JEANNOT COURT E 94 FT LOT 1 BLK 4
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
JAM IN FAVOR
• ;/A.M OPP~~ED 0
Owner. . .;.__..;.;.._ _ _ _ _ _ _ _ __..;. Owner ·'f::\41:Vtt~ C.c~'<-r\.oi'"
Signature Signature _--p,..·
.....,:,'L..il&.i.·:;..v'-.;;;....-E..ia,:;;::;.~;,.i-K..a::,,~h;._.·
;..~.;__
Address Address 19 1i 1A) e,Gc::1t:,., ½\ ·
EDGERTON 8R!/•.NiR.UTH 14
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS
If you wish to h;:ive your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
sl1owin(l. Be sure to sealthe form with a small piece of tape or staple prior to mailing.
· Assessment Information '-''·---···...c •.
, /" Property Addre.ss:· - '" · · · ·· 855 WINDSOR-AVE·
Parcel Number 24-175-000-0043-00
MAP Number: 24-30-36-232-006
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $17.70 per Foot
ESTIMATED TOTAL COST $708.00
Property Description
BRUNSWICK ADDITION LOT 43
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner·
tAMINFAVOR
•
20
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS_
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
' --
Property Address: 990
Parcel Number 24-500-000-0012-00
MAP Number: 24-30-36-205-022 -
Assessable Frontage: 100 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $3,635.00
Property Description
JURGENSEN ADDITION LOTS 11 & 12
Your vote COUNTS!
1AM IN FAVOR
Owner --
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
- Owner
I Af)i10 OPPOSED
,/~)'>,;.i,;tiL'.,O , / /;
II]
fds ,·x..J
Signature -- - - - - - - - - - - - - Signature _/'.'._..,~
...
--,.,.-""A_.&;00._~..-0_·._if_~_,....
...-... 1...)..~
..1,/_·"""-"'-'"'~----
Add ress Address 4f0_,;)
/ /(J
/.'I' J /
V.//iv.::7 ,:;,:; /C/
· J •'°'
WILSON f!.ON!•l.D L 39
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARJNG RESPONSf;_i;ARD
To have your vote <;oLJnt, please
·)
Return Thi::; Card By: FEBRUARY 13, 2001
Project Title: VVindsor Avenue, from Barclay Street to Henry Street.
Project Description: · All parcels abutting Windsor Avenue from the east ROW line of
Barclay Streiet to the west ROW line of Henry Street.
lNSTRUCTION~
If yoLJwish to· have yoLJr written vote .included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above .. To use !his res,ponse card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be SLJre to seal the form with a small piece of tape or staple prior to mailing.
Assessment lnf9rmatioo.
Property Address: ·· 866 VVINbSC:JRAVit· ...
Parcel Number 24--525-000-007'5-G0
MAP Number:. 24-30-36-22fl-016
Assessable Frontage: 60 Feet
. Estimated Front Foot Cost: $'17.70 per Foot
ESTIMATED TOTAL COST $1,062.00
Property Description
LAKETON AVE ADDITION W 1/2 LOT 75
Your vote COUNTS!
Please vote either in favor or opposed to the Special ,;ssessment Street Paving Project.
CIE~ t".Er-,!,; ,\LB!::Ri \.1 23
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
iNSTRUCT!ONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled pubiic hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1895 FRANKLIN ST
Parcel Number 24-480-002-0019-10
MAP Number: 24-30-36-204-026
Assessable Frontage: 70 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,544.50
Property Description
JEANNOT COURT LOTS 19 & 20 EX W 55 FT THEREOF BLK 2
Your vote COUNTS!
Owner
I AM IN FAVOR • "'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
. (✓,y;z (L t,u-£4aJ1,,/__,i;,;o-t Y.f ,,v-J S:-,.--a,0-( ;;v,x::o
· Owner
I AM OPPOSED 15<:I
:_·_.-t,ff,T2 ~--?d':: ~~,.-/:--Z2J::::._1},;j___2__/"L.,,
Signature _ _ _ _ _ _ _ _ _ _ _ _ _,_ Signature - /-,<;.1'j/J;"/0,,:,/v-,1-1_k.i;,~::Y,-' z;;,J
1 ., ..
Address - - - - - - - - - - - - - A d d r e s s )·;Jt,, wV:72//.✓-,t....-· JiS:z.~c:re.L./Lj
I, ,, '
, , • f/ VVt\LKER ROBERT,:; 3
Thank you for taking your time to vote on this important issue.
RECEIV~:,
CITY OF MUSKEGO;'
SPECIAL ASSESSMENT FES - 0 2QO\
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Heniy Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing; Be sure to seal the form with a small piece of tape or staple priorJo.mailing.
.. , , .. ,. ,,.,,' .,. ···•·•" -,.,,,c.•
·• As,iessmerit fnformation
Property Address:·:··•"·' WINDSOR AVE" · .. .,
Parcel Number 24-175-000-0046-00 .,. ----·... 'I
M/\P Number:·· 24-30-36-232-003
Assessable Frontage: 39 Feet
Estimated Front Foot Cost: $17.70 per Foot
ESTIMATED TOTAL COST . $690.30
Property Description
BRUNSWICK ADDITION LOT 46
, .·.. ··· Your vote COUNTS! ,;}-'7_ ,;J /
Please v~ie either in favor or opposed to the Special Assessment Street Paving Project. ~
I AM OPPOSED • 7&.
1/
Signattire :~~·~~z:a~~-Lt_/;~~:1;;.~:S
Addrl;lss . ,_,_ __d,~L.L.!::..~!:z.~~{-'i~~ress ·---··-··-·--·-----
24
Thank you for taking your time to vote on this impo1fant issue.
:1
J
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 955 Wlt\lDS0R AVE .
Parcel Number 24-175-000-0105-00
MAP Number: 24-30-36-230-004
Assessable Frontage: 39 Feet
Estimated Front Foot Cost: $36.35 , per Foot
ESTIMATED TOTAL COST .. $1,417.65
Property Description
BRUNSWICK ADDITION LOT 105
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
_
Owner •
I AM OPPOSED
-·----------------
Signature _________,_ _ __
Address
34
Thank you for taking your time to vote on this important issue.
' r
RECE~\/ED
SPECIAL ASSESSMENT
FEB - 8 2001
HEARING RESPONSE CARD
Cit y Clerk s Office
To have your vote count, please.
Return This Card By: FEBRUARY 13, 2001
. - Project Title: Windsor Avenue, from Barclay Street to Henry Street.
.Project Description: All parcels abutting Windsor Avenue from the east ROW line of
.. Barclay Street to the west ROW line of Henry-Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
. the City Commission for the scheduled public hearing, please return this card by the date
_indicated. above.- To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. :Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information ··· ·
Propert{ Adcfress: " -~.- .........__..... -- · ·.· .. " .. ~ .. 865 :.>'-•i.:•·, . WINDSORAVE
Parcel Number ~-~~ ...-~... . 24-175-000-0045-00
MAP. Number:·\ ' ,i , ;
I, . .-: . ~••
24-30-36-232-004 ·
Assessable Frontage: 40 feet
Estimated Front Foot Cost: $17.70 per Foot
_E STIMATED TOTAL COST $708.00
Property Description
BRUNSWICK ADDITION LOT 45
Please vot,e either in favor or opposed to the Special Assessment Street Paving Project. .
, .. -1 AM· IN-FAVOR
Owner . .• ~-.... ~ , ! -•
Address
22
. . ' Thank VOIJ fnr bl.-;n 1me to vote on this impo,tant issue. .
Olga Lapajczyk
865Windsor Ave.
M uskegon, Ml.49441-2951
,, .. ,., ''•-··~•I ~
·If you wish to h,_ vote included as part of the tabulation of votes foiwarded to
the City Commissi(,. ,{~e('l ;heduled public hearing, please return this card by the date
indicated above, To U::9, '::i . response card please indicate whether you Oppose or Favor
this special assessment p7'iject, sign the form and return it to the City Clerk's Office, To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing, Be sure to seal the form with a small piece of tape or staple prior to mailing,
Assessment Information
Property Address: 884 WINDSOHAVE
Parcel Number 24-525-000-0046-00
MAP N1,1mber: 24-30-36-228-015
Assessable Frontage: 58,5 Feet
Estimated Front Foot Cost: $17,70 per Foot
ESTIMATED TOTAL COST $1,035.45
Pr.Qt:'.erty Description
!AKETON AVE ADDITION LOT 46
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
Signature
•
Address
26
Thank you for taking your time to vote on this important issue,
RECEI\/ED
SPECIAL ASSESSMENT
FEB - 8 7001
. , ·.
. .. .
~ ; HEARING RESPONSE CARD
~·· ..__·, ; : ~· .. .
,. · .'. To have your vote count, piease · ' · · · ·- City Clerks Ott ice
-
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUJ:;TION$
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose -c>r Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
. .
Assessment Information
Property Address: · 829 WINDSOR AVE
Parcel Number 24-175-000-0016-00 -
MAP Number: 24-30-36-233-003
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $17.70 per Foot
ESTIMATED TOTAL COST $708.00
Property Description
BRUNSWICK ADDITION LOT 16
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
OwhetM_IN_F_A_V_O_R_
Signature _ _ _ _ _ _ _ _ _ _ _ __
•_______ Owner ·.·. ~: :~::ED/1
Signature ~ o., • f;}-
~ et
•
Address - - -- - - - - - - - - Address ~~9 LJ/ t14,§&V
DONEY RODERT G 17
Thank you for taking your time to vote on this important issue.
REC EI Vt·,
CITY OF MUSKEG0i1
SPECIAL ASSESSMENT
.... E..,:.. - ,}, znn
~.. 1
HEARING RESPONSE CARD
f'\.'1l'![fllj1JG
.-,l1q, __ ,,.;ti.
J
nf f
!J.,
To have your vote count, please
Return This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 913 WINDSOR AVE
Parcel Number 24-175-000-0075-00
MAP Number: 24-30-36-231-004 REC EI Vt'>
Assessable Frontage: 39 Feet CITY OF MUSKEGO; 1
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,417.65
Property Description
.BRUNSWICK ADDITION LOT 75
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
Signature
I AM IN FAVOR I')(_ I
/'l~y"cl /1, /?7()JI
--:3 WC{' 1fr::::;:::
Owner
I AM OPPOSED
Signature _ _ _ _ _ _ _ _ _ _ __
•
Address '/&5" Wil'IJ.S t) r ,Ave,
Address
RYAN FLOYD;\ 30
Thank you for taking your time to vote on this important issue.
RECEIVc.T> SPECIAL ASSESSMENT
CITY OF MUSKEGOl 1
- ,; iOCl HEARING RESPONSE CARD
To have your vote count, please
';t;BJNf[JtlNG DPReturn This Card By: FEBRUARY 13, 2001
Project Title: Windsor Avenue, from Barclay Street to Henry Street.
Project Description: All parcels abutting Windsor Avenue from the east ROW line of
Barclay Street to the west ROW line of Henry Street.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public h~aring, please return this card by the date
indica~d above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 905 WINDSOR AVE
Parcel Number 24-175-000-0074-00
MAP Number:
Assessable Frontage:
24-30-36-231-005
39 Feet
REC EI V c, ,,
CITY OF MUSKEGO:,
Estimated Front Foot Cost: $36.35 per Foot
:-c:: - ; 20Cl
ESTIMATED TOTAL COST $1,417.65
Property Description
BRUNSWICK ADDITION LOT 74
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I)( I
Owner
I AM IN FAVOR
Signature
Floyd A. &go Owner
_.:.cla:.;0;.{~LJCl.:1.:.,~~;:;i:i;,;;;;;;..
1AM OPPOSED
•
_____ Signature _ _ _ _ _ _ _ _ _ _ __
Address fos- /.J,'l'ldsor Address
RYAN FLOYD A 28
Thank you for taking your time to vote on this important issue.
Chris A Morency
931 Windsor Ave.
Muskegon MI 49441
Questions:
1. What are the plans for signage on Windsor Ave.? Will the current Signs stay
in place or will more be added? Stop signs on Kinsey St. and Dowd St.
already. Young Ave. has no Children Playground signs running from Barclay
St. to Henry St. Autos speed up down Barclay as they approach Henry St.
sometimes at a very high rate of speed. In the past two years there has been 3
accidents on the corner of Hudson and Windsor Ave. One that almost sent a
car into a home on the corner.
2. Will there be any removal of trees or terrace shrubbery?
3. Could there be additional costs incurred, other than a possible higher interest
rate? Is the city going to impose a higher interest rate other than simple
interest?
4. Is there a sewer line that runs the length of Windsor Ave? What other utilities
may be involved; i.e.: electric, gas, water and sewer?
H-1519 WINDSOR AVE., HENRY TO BARCLAY
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
total of 45 parcels
ADD. # FOR FT # ADD. OPPOSE
FEET PERCENTAGE 905 28 24-30-36-231-005 39 1 1895 C 24-30-36-228-026 60
913 30 24-30-36-231-004 39 3 1895 F 24-30-36-204-026 70
955 34 24-30-36-230-004 39 14 1911 N 24-30-36-208-012 47
TOTAL ASSESSABLE FRONT FOOTAGE 2299.770 17 829 24-30-36-233-003 40
20 855 24-30-36-232-006 40
FRONT FEET OPPOSED 554.5 24.11% 22 865 24-30-36-232-004 40
23 866 24-30-36-228-016 60
RESPONDING FRONT FEET IN FAVOR 117.000 5.09% 24 873 24-30-36-232-003 39
26 884 24-30-36-228-015 58.5
NOT RESPONDING - FRONT FEET IN FAVOR 1628.270 70.80% 39 990 24-30-36-205-022 100
TOTAL FRONT FEET IN FAVOR 1745.270 75.89%
TOTALS 117 554.5
TABULATED AS OF: 02113101 04:56 PM
Date: February 1, 2001
To: Honorable MaY,OJ and City Commissioners
From:
1/ZI ~
Ric Scott tfWZ,J;f&f" ··
1/
RE: Indian Cemetery Charter Park
SUMMARY OF REQUEST:
To name Indian Cemetery as a Charter Park
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
23 I /724-6703 .
FAX/722-1214
Assesso r
23 I /724-6708
FAX/726-S18 1
Cemelery
23 l /724-6783
FAX/726-S617
Civil Service
231 /724-6716
F AX/724-4405 West Michigan's Shoreline City
Clerk
231 /724-6705
FAX/724-4 178
Date: February 1, 2001
C omm. & Neigh.
Services To: Honor able Mayor/ '1d.J/ity Commiss ione rs
23 l /724-67 17
l?AX/726-2501
From: Ric Scott , j /,?ul.,Y
l
Engineering
231/724-6707 Re: Indian Cemete ry Charte r Park
FAX/727-6904
Staff h a s updated the l e gal de scription of I ndi an
Finance
23 I /724-6713
Cemetery and h a s a new drawing of the property. We met
F AX/724-6768 with Pat Montney and have agreed that the legal
F ire Dept. description is of the property.
231/724-6792
FAX/724-6985 After reviewing the letter from Joseph Genia, we
Jncome T nx
recommend charter park status, and believe that pursuing
23 l /724-6770 the federal remedies concerning Indian Lands, which we
FAX/724-6768
have not inquired about, should not be prejudiced by
I nfo. Systems this action. We do know that if by some treaty right
231/724-6744
FAX/722-430 1 the fede ral court awards the land to the Ottawa Band or
other tribal organization, such a holding would
Leisure Service
23 I /724-6704 supersede the city's restrictions on its own title . But
FAX/724-1196 it presently a ppears that such a holding is unlikely.
Manager's O ffice
231 /724-6724
FAX/722- 1214
Consequently, staff is recommending that you designate
Indian Cemetery as a Charter Park. We would ask that
Mayor's Office
231/724-6701
you adopt the attached resolution.
F AX/722-1214
Thank you for your consideration.
l ns pecllon Services
231/724-67 15
FAX/726-2S0 I
Pla nning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Pnblle Works
231/724-4100
F AX/722-4 188
Trensurer
231/724-6720
F AX/724-6768
Water Billing Depl.
231/724-67 18
FAX/724-6768
Water Filtra tion
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
Resolution No. _ __
A Resolution Establishing the Indian Cemetery as a Charter Park.
Recitals
The City of Muskegon's Charter was amended in 1998, by the addition of Article XX,
providing for the establishment of charter parks.
The City Commission has examined certain parks located in the City and has determined that the
lands involved are owned in fee simple by the City, that they should be preserved as parks. Included in
the said parks is the land owned by the City and known as the Indian Cemetery. Public notice of the
proposed action by the City Commission was given, and consideration of the Indian Cemetery as a charter
park was delayed for further consideration. It further appears that designating the Indian Cemetery as a
Charter Park is appropriate.
For the purpose of preserving the said park, in accordance with the provisions of Article XX of
the City Charter and subject to those provisions, the City by this Resolution intends to establish the said
Indian Cemetery as a chaiter park. In accordance with the Charter, after recording this resolution, no such
park land may be sold, mortgaged, transferred or conveyed by the City except with the approval of the
majority of the electors voting at an election held in the City.
NOW, THEREFORE, the City Commission of the City of Muskegon hereby
resolves that the land identified by as the Indian Cemetery, is declared by the City
Commission of the City of Muskegon to be a charter park. The said land shall be
preserved as a park in accordance with the said charter provisions.
The legal description of the land included in the said park is included and incorporated in
this Resolution. This Resolution may be recorded with the Muskegon County Register of Deeds
for the purpose of giving record and public notice of this determination and designation by the
City Commission.
The park to be deemed a charter park upon recording of this Resolution, and its legal
description, follows:
G: \edsi\files1001 0011453\resoluti\980772. doc2 .doc
Indian Cemetery:
Lot 3 of Block 563 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County,
Michigan, EXCEPT the following two parcels:
1. Commencing at the Southwesterly corner of said Lot 3; thence Northeasterly along the
Northerly right of way line of Morris Avenue 5.00 feet for Point of Beginning; thence
Northeasterly along the Northerly right of way line of Morris Avenue 127 feet to the
Southeasterly corner of Lot 3; thence Northwesterly 20.21 feet along the Nmiheasterly line of
Lot 3; thence in a Southwesterly direction along the curve of radius 397 feet to the Point of
Beginning; AND:
2. The Northeasterly 17.00 feet of said Lot 3.
It is further resolved, that designation as a charter park does not require that the name of the
said park cannot be changed in the future. The name of the park set forth in this resolution is for
identification and reflects current decisions as to appropriate memorials or acknowledgements.
THIS RESOLUTION ADOPTED
AYES _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
NAYS- - - - - - - - - - - - - - - - - - - - - - - - -
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
CERTIFICATE
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 ___ day
of _ _ _ _ _ _ _ _ _ _ _ _ , 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
pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
Gail A. Kundinger, City Clerk
G: \eds ilfiles1001 0011453\resol uti\980772. doc2. doc
MOORE & BRUGGINK, INC.
Consulting Engineers & Land Surveyors
Jan. 26, 200 I No. O16005. I 8 W, Walton Avenue Muskegon,MI 49440
Ph (23 1) 722-3928 Fax (231) 722-4109
)
(
) DESCRIPTION FOR THE CITY OF MUSKEGON
( FOR
) INDIAN CEMETERY
(
) Lot 3 of Block 563 of the Revised Plat of 1903 of the City of Muskegon,
( Muskegon County, Michigan, EXCEPT The following two parcels:
)
( Commencing at the Southwesterly corner of said Lot 3; thence Northeasterly along the Northerly Right of
) Way line ofMonis Avenue 5.00 Feet for Point ofBeginning; thence Northeasterly along the Northerly Right
( of Way line of Morris Avenue 127 Feet to the Southeasterly corner of Lot 3; thence Northwesterly 20.21
) Feet along the Northeasterly line of Lot 3; thence in a Southwesterly direction along the curve of radius 397
( Feet to the Point of Beginning
l)
The Northeasterly 17.00 Feet of said Lot 3.
(
DEEDS TO PROPERTY
)
( 1841 : Louis B Badeaux to Ottawa Tribe oflndians - Liber 3, Page 25
) The piece of Land known and described at the Indian burying ground being one square acre of Land in a
( square form situated on Lot No. 2 in Section 19, Town 10 North, Range 16 West.
)
( 1872 - Sino Kiniwigichi, Head Chief & Quina Waguasa to
) Joseph Baddeaux and David Blake Liber 11, Page 546
( The Indian Burying Ground being 1/2 acre of Land in a square form situated on
) Lot 2 of Section 19, Town 10 North, Range 16 West
(
) 1899 - Simon Kewen Kisich (Chief of the Ottawa Tribe oflndians) to
( William Bedeux, Liber 103, Page 333
) One square acre ofland situated on Lot 2 in Section 19, Town 10 North, Range 16 West.
( The same being a piece of land conveyed by Lewis Bedeux in 1841 to the tribe of Ottawa Indians.
) It being the intention to deed to said grantee all interest the Ottawa Tribe oflndians have in said land.
(
) 1926 - Martin A Ryerson (Carrie) to The City of Muskegon, Liber 261, Page 251
( Lot 3 of Block 563 of the Revised Plat of the City of Muskegon.
)
(
)
(
)
(
) 2020 Monroe Ave. NW, Grand Rapids, Ml 49505 Ph : (616) 363-9801
Consulting Engineers and Lnnd Surveyors
Fax : (616) 363-2480 e~mo1"I : mai"lbox@mbce·corn WWW : mbce.com
SECOND STREET·
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fav·-,,-•/ I PARMEN'l"ER O'TOOLI::-__-
175 West Appia Av•nue • P.O. Box 786 • Muskegon, Michigan 49443-()786
Pho•• 231.722.1621 • Fox 231,722.7866 o, 728.2206
February 8, 200 I
BryonMazade
City of Muskegon
P.O. Box536
Mus.kegon,MI 49443-0536
Dear Bryon:
I had a meeting with Joseph Genia. Mr. Genia is a Council member of the Grand River Band of
the Ottawa tribal organization, and he came to discuss the subjects brought up in his memo to the
city commission dated January 22, 2001, and further regarding the background of the position of
the Grand River Band.
I reviewed the city's likely position, or at least that recommended by myself and Ric Scott, that
the charter park resolution would not affect his process of attempting to achieve recognition by
the federal government of the Grand River Band of Ottawa Indians as a separate nation, and
further possibly the recognition by the government that the Indian Cemetery constitutes original
or Indian lands. I indicated my opinion that such a determination by the United States
Government collld undercut or make irrelevant the city's exercise of ownership, restrictions or
use of the Indian Cemetery land, but we were not willing to concede that point in the absence of
such a determination by the United States Government.
We had a fairly long conversation and Mr. Genia related to me the legendary and ancestral
understanding that the Grand River Band of Ottawa Indians has concerning this land, and he
assured me that this tradition, by which they consider the cemetery sacred ground, continues in
their present remembrance and ceremonies as they are carried on today.
He further indicated that, despite the absence of some kind oflegal restriction, the Grand River
Band would never allow such sacred ground to be utilized for something like a casino or other
commercial use.
The meeting ended with my indication that even if the city determines to make the land a cliarter
park, there could be discussions regarding a possible further agreement between the city, which
would continue to own and restrict the land, and the Grand River Band, regarding nonexclusive
use of the property for their activities which honor the ground and their ancestral traditions,
together with an understanding that the physical nature of the land would not be changed. I
emphasized that the city would continue to own the land in such an agreement, and that its
ownership and restrictions would be utilized to protect the status which might result from such
an agreement.
G. Thoma, John.tan John C Schrier Keith L MciVQy O/Co11,utl R,Jir,Q Poul T. Soren,on, 1920. 1960
George D. Vgn Epps Christopher L Kelly AnnoK. Unck 'fftamo; J. O'T061e ffobett L Fti~o GeorgaA. Potmtntet, 1903,Hl93
Johr, M. Briegi, Ill Unda S. Kaora Scott R. Sowick Er\cJ. fouri Arthur M, Rude c;yrua M. Poppen, 190J-1996
Mic:hgel L Rolf Philip M. Staffon .Jennifer L H)i!ond HcrQ!d M. Strs~t 191.HOOO
~arge W, John;on William J, Meier Je/Nry A. Joet,bsan
W. Brod Groom JoMes R. Scheuerle
G:\edsl'\flles\00100\1655\l.TR\9C 1214. DOC
...._..
Mr. Genia was interested in such an agreement, but certainly reserved his position that the Grand
River Band of Ottawa Indians should actually be the owners and have full dominion over the
property. So we agreed to disagree on that point.
I encouraged Mr. Genia to present the city commission with any material, statements or
argwnents that he felt appropriate, and I assured him that the commissioners would be receptive
listeners. I also told him that I could not predict the action of the City Commission or speak on
their behalf, and that we could only recommend various courses of action, which might well
involve further understandings.
The conversation was very cordial and longer than this letter, but I hope that I am conveying to
you the essence of our meeting.
GTJ:mrnf
c. John Schrier
G:\eds.i"\filea\00100\ 1655\LTR\9C1214.00C
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 2/13/01
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 5, 2001
RE: District Library Agreement
SUMMARY OF REQUEST:
To approve an agreement to establish a district library made up of the boundaries of the City of
Muskegon and the Muskegon Public Schools district.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
A committee of the City and Muskegon Public Schools representatives have been meeting
regularly to draft the proposed agreement and endorses the agreement for adoption by the City
Commission and the Board of Education.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (DISTRICT LIBRARY AGREEMENT)
CITY OF MUSKEGON
RESOLUTION NO.2001- 17 ( c)
A resolution approving a District Library Agreement pursuant to the procedures set forth
in Act 24 of the Public Acts of 1989 as amended.
WHEREAS, the City Commission of the City of Muskegon has reviewed the attached
District Library Agreement between the City and the Public Schools of the City of Muskegon
("Muskegon Public Schools"); and,
WHEREAS, the creation of the Hackley Public Library as a district library is in the best
interests of the public and the citizens of the City of Muskegon; and,
WHEREAS, the Muskegon Public Schools may not enter into the District Library
Agreement until certain restrictions on thel 888 gift of Charles H. Hackley for the Hacldey
Public Library ("Hacldey Gift") are released; and,
WHEREAS, the Muskegon Public Schools have filed a proceeding in Muskegon County
Circuit Court to release such restrictions on the Hackley Gift;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission hereby approves
the attached District Library Agreement, subject to the release of the restrictions on the Hacldey
Gift:
BE IT FURTHER RESOLVED, that upon the release of such restrictions on the Hackley
Gift by order of the Muskegon County Circuit Court, the Mayor and Clerk are hereby authorized
and directed to execute the District Library Agreement in substantially the form attached hereto
on behalf of the City of Muskegon, and to take all action as necessary or appropriate to establish
· the Hacldey Public Library as a district library.
Upon vote for the ad?ption of the resolution, the vote was:
YEAS: Benedict, Niels en, Schwe if1 er, Shep herd, Sieradzki, Spataro,
Aslakson
NAYS: None
- ~--"--------------- - - - - - - ----- -
CITY OF MUSKEGON
~~1~£~r
G:ICOMMON\5\GTJ\c-library-resolution.doc
Resolut~on #2001-17(c)
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby ce1iify that the foregoing is a trne and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 13th day
of February
_
IL
, 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
pursuant to and in compliance with Act 267, Public Acts of Michio ,
Gail A. Kundinger, City Clerk
G:ICOMMON\5\GTJ\c-library-resolulion.doc
DISTRICT LIBRARY AGREEMENT
THIS DISTRICT LIBRARY AGREEMENT is entered into as of the_ day of
- - ~ 2001, by and between the Public Schools of the City of Muskegon (the
"School District"), 349 W. Webster Avenue, Muskegon, Michigan 49440, and the City of
Muskegon (the "City") 933 Terrace Street, pursuant to the District Library Establishment
Act (MCL 397.171 et seq.) (the "Act").
PREMISES
The School District and the City (the "Parties") each desire to establish a district
library pursuant to the Act in order to provide adequate and improved library services to
the area described on Exhibit A attached hereto and made a part hereof The governing
boards of each of the Parties have determined that it is in the best interests of the
residents of their respective communities to provide the library services by establishing a
district library. The governing body of the former Hackley Public Library, being the
Board of Education of the School District, and the Muskegon County Library Board, the
only public libraries recognized by the Library of Michigan as a legally established
public library currently located in the proposed district, have approved the establishment
of the district library.
Therefore, in consideration of the premises and other mutual obligations and
promises, the Parties agree as follows:
l. Establishment/Name of Library/Effective Date. The Parties hereby
establish a district library pursuant to the Act, to be known as the "Hackley Public
Library" (the "District Library") having ali' of the powers granted to such district libraries
by the Act. The Effective Date of this Agreement shall be March 1, 2001 or the date-on
which the Agreement is approved by the State Librarian pursuant to Section 5(2) of the
Act, whichever is later.
2. Territory. The territory of the Parties included within the District Library
district shall be as described in Exhibit A (the "District").
3. Board; Appointments; Term. The District Library shall be governed by
a board (the "Board") which shall consist of seven (7) members, four (4) of whom shall
be appointed by the School District and three (3) of whom shall be appointed by the City.
An individual appointed as a member of the Board shall be a qualified elector of the party
which appoints the member on the date the appointment is made and a resident of the
District Library district. The terms of the initial appointees shall begin on the Effective
Date of the Agreement and shall end on June 30 of the year shown below. Thereafter,
each appointee shall serve for a term of four (4) years beginning on July I and ending on
the June 30 occurring four (4) calendar years later.
Terms of Initial Appointees
APPOINTING PARTY TERM ENDING JUNE 30
School District Appointee # 1 2002
City Appointee # 1 2002
School District Appointee #2 2003
City Appointee #2 2003
School District Appointee #3 2004
City Appointee #3 2004
School District Appointee #4 2004
In accordance with Section 8(2) of the Act, the Governor of the State of Michigan
shall have the power to remove a member for cause, pursuant to the provisions of Section
10 of Article V of the State Constitution of 1963, as amended. Vacancies shall arise in
the event of the removal by the Governor, resignation, death, conviction of a felony, in
the event a member ceases to be a resident of the District, or ceases to be a resident of the
Party which appointed the member, or otherwise as provided by law. In the event of a
vacancy, the Party which appointed the member whose position has become vacant shall
appoint a replacement therefor within two (2) months of the vacancy.
4. District Library Board; General Powers. The Board shall be authorized
and empowered to:
(a) establish, maintain, and operate public libraries for the district;
(b) exclusively control the expenditure of money deposited into the
district library fund;
(c) appoint and remove officers from among its members;
(d) appoint and remove a librarian and necessary assistants and fix
their compensation
(e) acquire real or personal property for use for library purposes by
purchase, land contract, installment purchase contract, lease with
or without option to purchase, or title retaining contract;
(f) erect buildings;
(g) supervise and control district library property;
2
(h) enter into a contract to receive library-related service from or give
library-related service to a library or municipality within or
without the district;
(i) adopt bylaws and regulations, not inconsistent with the Act,
governing the board and the district library;
G) propose and levy upon approval of the electors as provided in the
Act a tax for support of the district library;
(k) borrow money pursuant to the district library financing act, Act
No. 265 of the Public Acts of 1988;
(1) issue bonds pursuant to the district library financing act, Act No.
265 of the Public Acts of 1988;
(m) accept gifts and grants for the district library;
(n) do any other thing necessary for conducting the district library
service, the cost of which shall be charged against the district
library fund; and
(o) perform any other acts authorized by law.
5. Funding.
(a) From the Effective Date of this Agreement until June 30, 2001, the School
District shall financially support the operation of the District Library from
the dedicated library millage of .9947 mills levied on December 1, 2000
and the funds appropriated from all sources for the operation of the
Hackley Public Library for the 2000-2001 fiscal year.
(b) It is anticipated that the District Library will seek voter approval of a
District Library millage on June 11, 2001. If a District Library millage is
approved by voters on June 11, 2001, then commencing on July 1, 2001,
the School District shall fund on an interim basis the operation of the
District Library (including, without limitation, the cost of personnel
pursuant to the Employee Leasing Agreemept, and the cost of
maintenance, repair, and utilities of the Hackley Public Library and the
Torrent House pursuant to Leases attached as Schedules 2 and 3 of Exhibit
C) for the period of July 1, 2001 through February 28, 2002 in an amount
not less than the funding provided by the School District for the same
period during fiscal year 2000-2001, subject, however, to the obligation of
the District Library to reimburse the School District for such funding (plus
a 3% service fee applied in the same manner as the Federal restricted
indirect cost application rate) when revenues are received from the
December 1, 2001 levy of the District Library millage. Any amounts
funded by the School District from July I, 2001 through February 28,
3
2002, shall be reimbursed by the District Library from District Library
millage revenues as soon as possible and in no event later than June 30,
2002. If a District Library millage is approved by voters on June 11,
2001, the School District shall not levy on December 1, 2001 the last year
of the dedicated library millage previously approved by School District
voters.
(c) If a District Library millage ,is not approved by voters on June 11, 2001,
the School District shall fund the operation of the District Library (as
described above) commencing July 1, 2001 in an amount not less than the
funding provided by the School District for fiscal year 2000-2001 in
accordance with the following:
(i) If a District Library millage is not approved by voters on June 11,
200 I, but a district library millage is approved by voters on or
before September 30, 2001, then the School District shall not levy
on December 1, 2001 the last year of the dedicated library millage
previously approved by School District voters. The School District
shall, however, continue to fund the operation of the District
Library (as described above) on an interim basis for the period July
1, 2001, through February 28, 2002 in the same manner, and
subject to the same obligation of the District Library for
reimbursement of the School District, as provided in subparagraph
(b) above.
(ii) If a District Library millage is not approved by voters on June 11,
2001, and is not approved by voters on or before September 30,
2001, the School District shall levy on December I, 2001 the last
year of the dedicated library millage previously approved by
School District voters at the rate of .9947 mills (subject to the
Headlee rollback for 200 I), and the School District shall fund ¢e
operation of the District Library ( as described above) for fiscal
year 2001-2002 in the same manner as, and in amounts not less
than, the funding provided by the School District for library
operations for fiscal year 2000-2001. The District Library shall
not be obligated to reimburse the School District for the funding
provided to the District Library pursuant to this subparagraph for
fiscal year 2001-2002.
(d) If a District Library millage is not approved on or before September 30,
2001, but a District Library millage is approved on or before June 30,
2002, then commencing on July 1, 2002, the School District shall fund the
operation of the District Library on an interim basis for the period July I,
2002 through February 28, 2003 in an amount not less than the funding
provided by the School District for the same period during fiscal year
2001-2002, subject, however, to the obligation of the District Library to
reimburse the School District for such funding when revenues are received
from the December 1, 2002 levy of the District Library millage. Any
4
amounts funded by the School District from July 1, 2002 through February
28, 2003 shall be reimbursed by the District Library (in the same manner
as provided in subparagraph (b) above) from District Library millage
revenues as soon as possible, and in no event later than June 30, 2003.
(e) Notwithstanding any other provision of this paragraph 5, penal fines and
state aid shall be applied as such funds are received by the District Library
to the cost of operating the Library during the Interim Period as defined in
subparagraph 5(m) and such amounts shall be credited against the District
Library's obligation for reimbursement of the School District pursuant to
subparagraphs S(b ), 5(c)(i), and 5(d), as applicable.
(f) If a District Library millage is not approved on or before June 30, 2002,
this Agreement shall terminate and the District Library shall be abolished
pursuant to paragraphs IO and 11 of this Agreement.
(g) Following voter approval of a District Library millage, the District Library
shall be supported from the District Library millage revenues and the
School District shall have no obligation to financially support the District
Library as of the commencement of the School District's next fiscal year
following the date of the December I District Library millage levy (except
as otherwise provided in this Agreement, the Property Transfer Agreement
attached as Exhibit C, or other agreements or leases attached to this
Agreement).
(h) The School District shall annually pay the net income from the Hackley
Library trust accounts held by the School District to the Public
Improvement Fund established pursuant to the Property' Transfer
Agreement attached as Exhibit C. These amounts shall be in addition to
the School District's annual contribution to the Public Improvement Fund
pursuant to the Property Transfer Agreement and the Leases attached ~s
Schedules 2 and 3 to Exhibit C. '
(i) In addition to the funding described in subsections (a) through (h) above,
the funds for the operation of the District Library shall be derived from
state aid, penal fines, donations and bequests, if any, and any other lawful
source of funding obtained by the District Library.
(j) The parties understand and agree that the moneys paid over to the District
Library Board for the operation of the District Library are District Library
moneys under the exclusive control and direction of the District Library
Board, subject to the obligations of the District Library pursuant to this
paragraph and the terms of this Agreement, the Library Management
Contract, and the Property Transfer Agreement attached hereto.
(k) To the extent that moneys or property from any source whatsoever are
received by either party designated for the operation and administration of
public library services or the acquisition of books and equipment, or real
5
or other personal property for public library use, such party shall transfer
such moneys or property upon receipt thereof to the District Library. This
subparagraph shall not apply to moneys or property received by the
School District for K-12 library services.
(1) The City shall have no obligation to appropriate funds for or to otherwise
financially support the District Library.
(m) For purposes of this Agreement, the "Interim Period" shall be the period
from the Effective Date of this Agreement until the next February 28
following the levy of a District Library millage, or until June 30, 2002 if a
District Library millage is not approved on or before June 30, 2002.
6. Fiscal Year. The fiscal year of the District Library shall be the annual
period commencing July I and ending the following June 30 provided that the initial
fiscal year shall commence on the effective date of this Agreement and end on June 30,
2001. Thereafter, the District Library Board shall have the authority to determine its
fiscal year as it deems necessary.
7. Real and Personal Property. Upon the Effective Date of this
Agreement, contingent upon agreement by the District Library Board to undertake the
obligations specified in the Library Management Contract and the Transfer of Assets and
Assumption of Liabilities and Contractual Obligations (the "Property Transfer
Agreement"), substantially in the form attached to this Agreement as Exhibits B and C,
respectively, the School District shall make certain real property of the School District
available to the District Library by entering into Leases, substantially in the form attached
as Schedules 2 and 3 to the Property Transfer Agreement, and shall transfer the personal
property listed in Schedule I to the Property Transfer Agreement to the District Library,
in the manner and subject to the terms and conditions specified in the Property Transfer
Agreement. ·
8. Employee Lease. During the Interim Period, as defined in paragraph
5(m), the School District shall continue to employ persons, including the Library
Director, assigned to the operation of the Hackley Public Library, and shall lease such
employees to the District Library in accordance with the Employee Leasing Agreement
attached as Exhibit D.
9. Indemnification. The District Library shall be required to indemnify the
Parties against all claims arising from or relating to the operation by the Il,oard of the
District Library. The District Library Board shall obtain insurance coverage in amounts
reasonably determined by the Board to be adequate to meet such liabilities, and such
insurance policies shall name the Parties as additional insured parties, and shall require
thirty (3 0) days notice in writing to the Parties by the insurer in the event of cancellation,
change or reduction in coverage.
10. Termination. This Agreement shall terminate and the District Library
shall be abolished effective June 30, 2002 unless the electors of the District Library
6
approve a districtwide millage at a rate of not less than 2.25 mills on or before June 30,
2002.
11. Dissolution of District Library and Distribution of Assets. The District
Library· shall be dissolved and this District Library Agreement shall be terminated if all
but one of the Parties withdraw, or if the Agreement terminates pursuant to paragraph 10
of this Agreement. Upon dissolution, all tangible and intangible assets of the District
Library shall be re-transferred to the School District.
12. Withdrawal. Any party may withdraw from the District Library pursuant
to Section 24 of the Act subject to the following conditions:
(a) No Party may adopt a resolution authorizing its withdrawal prior to
December 31, 2008.
(b) In the event the withdrawal of any Party would cause the
dissolution of District Library, such withdrawal and dissolution shall be subject to
the requirements specified in Section 11 of this Agreement. If no such dissolution
results, the assets of the District Library shall remain with the District Library.
13. Addition of a Participating Municipality. Any city, village, township or
county (a "Municipality") may become a party to this District Library Agreement
pursuant to Section 25 of the Act upon satisfaction of the following conditions:
(a) The governing body of the municipality resolves by majority vote
that the Municipality shall become a Party to this District Library Agreement and
that all or a portion for the territory of the Municipality be added to the District.
(b) The governing body of the Municipality files a certified copy of its
resolution with the Chairperson of the Board. ·
(c) The Board adopts a resolution authorizing amendments to tliis
District Library Agreement reflecting the addition of the Municipality and the
territory of the Municipality to the District, and specifying the changes in board
representation and the percentage of funds necessary for the establishment and
operation of the District Library to be provided by the Municipality within six (6)
months of the date of receipt of the resolution of the Municipality.
(d) The electors of the Municipality or the portion of the territory of
the Municipality to be added to the District shall have approved the levy of the
districtwide millage, if any, by majority of the electors voting on the question.
14. Enforcement. In the event of failure by any of the Parties to perform its
obligations under this District Library Agreement, the other Parties, and each of them
separately, shall have the power to seek such remedies as shall be available to them at
law or in equity, including actions for mandamus.
7
15. Amendment. This District Library Agreement may be amended m
writing upon the approval of the governing bodies of each of the Parties.
16. Governing Law. This District Library Agreement shall be governed by
and construed in accordance with the laws of the State of Michigan.
17. Severability. If any clause, provision or section of this District Library
Agreement shall be ruled invalid or unenforceable by any court of competent jurisdiction,
the invalidity or unenforceability of such clause, provision or section shall not affect any
of the remaining clauses, provisions or sections.
18. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed and all of which shall constitute one and the
same agreement, and the signature of any party to any counterpart shall be deemed a
signature to and may be appended to any other counterpart.
IN WITNESS WHEREOF, the Parties have caused this District Library
Agreement to be duly executed as of the date first written above.
PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ __
Its
----------
By _ _ _ _ _ _ _ _ _ __
Its - - - - - - - - - ~
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Its Mayor
By _ _ _ _ _ _ _ _ __
Its Clerk
8
EXHIBIT A
The District Library District shall be comprised of all that territory located in the
jurisdictional limits of the City of Muskegon and all that territory located in the
jurisdictional limits of the Public Schools of the City of Muskegon as of the Effective
Date of this Agreement.
A-1
9
EXHIBITB
LIBRARY MANAGEMENT CONTRACT
BETWEEN THE PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
AND THE HACKLEY PUBLIC LIBRARY
THIS AGREEMENT, entered into as of the_ day of _ _ _~ 2001 (the
"Effective Date"), by and between the PUBLIC SCHOOLS OF THE CITY OF
MUSKEGON (the "School District") and the HACKLEY PUBLIC LIBRARY (the
"District Library"), a district library established pursuant to the District Library
Establishment Act.
WITNESSETH:
WHEREAS, the District Library has been established for the purpose of operating
a public library in the District Library's district pursuant to a certain District Library
Agreement (the "District Library Agreement") entered into between the School District
and the City of Muskegon; and
WHEREAS, the parties to this Agreement desire to cooperate in administering the
operation and maintenance of the District Library during the "Interim Period", as that
term is defined in the District Library Agreement, for the purposes of providing
uninterrupted library service to the residents of the District Library district; and
WHEREAS, the parties desire to enter into a contract whereby, during the Interim
Period, the School District will provide personnel and fiscal agency services to the
District Library.
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter set forth, it is mutually agreed as follows:
1. The School District is hereby recognized as the Fiscal Agent with respect to the
operation and maintenance of the District Library.
2. The School District hereby agrees to act as Fiscal Agent, and to perform the
duties of Fiscal Agent described in this Agreement and in the statutes, rules,
regulations and court decisions applicable to the operation of the District Library,
subject to the following conditions:
a. As Fiscal Agent, the School District shall carry out its obligations under
this Agreement using the same degree of care and skill it would use in the
conduct ofits own affairs.
b. The School District shall not be responsible for any statement, warranty or
representation made by the District Library to the public during the
administration oflibrary services.
B-1
c. As to the existence or nonexistence of any fact or as to the sufficiency or
validity of any instrument, paper, or proceeding, the School District shall
be entitled to rely on a certificate signed by a duly authorized
representative of the District Library as sufficient evidence of the facts
described in such instrument, paper, proceeding or certificate.
d. The School District shall have the right, but not the obligation, to demand
from the District Library with respect to any application for
reimbursement or payment any showing, certificate, opinion, appraisal or
other information as a condition of disbursement or payment of District
Library moneys to the District Library as the School District may
reasonably detennine is necessary.
e. Except as expressly otherwise provided in the District Library Agreement
or Exbibits thereto, no provision of this Agreement shall be deemed to
require the School District to expend or risk its own funds or otherwise to
incur any financial liability in the performance of its duties under this
Agreement.
3. During the term of this Agreement, the School District shall:
a. Hold all funds of the District Library, including payments of state aid,
penal fines, appropriations made by the School District into the District
Library Fund, as required by the District Library Agreement, other than
petty cash in the amount of not to exceed $500 (which shall be held by the
District Library), in a separate fund on the accounts of the School District
entitled "District Library Fund". All earnings from investments of moneys
on deposit' in the District Library Fund pending disbursement shall be
credited to and retained within the District Library Fund. Upon
tennination of this Agreement as provided in paragraph 5 below, the
balance of the District Library Fund shall be transferred to the Distrjct
Library. '
b. Process all written requests for reimbursement or payment from the
District Library from moneys on deposit in the District Library Fund.
c. Retain copies of all written requests for reimbursement or payment from
the District Library, including, copies of all invoices, receipts for payment,
executed contracts for goods or materials for which the District Library is
being paid or reimbursed, and any other documentation required by the
District Library or by the School District's independent auditor.
d. Provide monthly written reports as to the status of the District Library
budget, including, but not limited to, the aggregate principal amount of all
requests for disbursement submitted to the School District to date, the
aggregate principal amount of all reimbursements received by the School
B-2
District on behalf of the District Library to date, the aggregate principal
amount of all reimbursements remitted by the School District to the
District Library to date, and any other information · which the District
Library or the School District may reasonably require.
e. Provide to the District Library within 180 days of the end of the School
District's fiscal year an audited financial statement of the School District
containing as a separately audited fund the District Library budget paid for
by the District Library,
4. The School District agrees to provide all library personnel necessary, including a
Director, for the proper functioning of the District Library pursuant to the
Employee Lease Agreement attached as Exhibit D to the District Library
Agreement.
5. This Agreement shall terminate on the last day of the Interim Period, as defined in
paragraph S(m) of the District Library Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
PUBLIC SCHOOLS OF THE
CITY OF MUSKEGON HACKLEY PUBLIC LIBRARY
By _ _ _ _ _ _ _ _ _ _ __ By _ _ _ _ _ _ _ _ _ __
Its: Its _ _ _ _ _ _ _ __
---------
By _ _ _ _ _ _ _ _ _ __ By _ _ _ _ _ _ _ _ _ _~
Its: Its _ _ _ _ _ _ _ __
---------
B-3
EXHIBITC
TRANSFER OF ASSETS AND·ASSUMPTION OF
LIABILITIES AND CONTRACTUAL OBLIGATIONS
THIS AGREEMENT (the "Property Transfer Agreement") is entered into as of
the day of _ _-' 2001, by and between the PUBLIC SCHOOLS OF THE CITY OF
MUSKEGON (the "School District") and the HACKLEY PUBLIC LIBRARY, a
district library established pursuant to the District Library Establishment Act, (the
"District Library").
WHEREAS, the District Library was established by agreement dated as of March
__, 2001 (the "District Library Agreement") entered into by the Muskegon Public
Schools and the City of Muskegon, to provide library services in the District Library
boundaries, as set forth in Exhibit A of the District Library Agreement.
WHEREAS, the School District has operated a public library known as the
Hacldey Public Library, a former school district library (the "Former Library"); and
WHEREAS, the financial records of the Former Library have been maintained on
the same fiscal year as that of the School District which ends on each June 30;
WHEREAS, to effectuate the purposes of the District Library Agreement, it is
necessary for the School District to lease real property and transfer personal property to
the District Library as set forth in this Agreement.
THEREFORE, in consideration of the premises, the School District and the
District Library agree as follows:
1. At its own cost, the School District shall close the fiscal year of the
Former Library as of the June 30, immediately preceding the December 1
next following the date on which a majority of the electors of the District
Library district approve a districtwide millage (the "Millage Levy Date").
2. Subject to the conditions specified in this Property Transfer Agreement,
and pursuant to the Bill of Sale attached hereto as Schedule 1 as of the
Effective Date of the District Library Agreement, the School District shall
transfer all the tangible and intangible personal property of the Former
Library to the District Library, subject to all the liabilities and contractual
obligations, including contingent liabilities, of or incurred by the Former
Library.
3. Subject to the conditions specified in this Property Transfer Agreement,
and pursuant to Leases substantially in the form attached hereto as
Schedules 2 and 3, the School District shall lease the Hackley Public
Library Building and the Torrent House properties to the District Library
C-1
as of the Effective Date of the District Library Agreement.
4. At its own cost, the District Library shall have the financial statements of
the Farmer Library for the period or periods beginning the July 1
immediately preceding the Millage Levy Date audited separately by an
independent certified public accountant.
5. The District Library hereby assumes and agrees to indemnify the School
District against all the liabilities and contractual obligations, including
contingent liabilities, of or incurred by the Former Library. The liabilities
assumed shall include amounts owed by the Former Library to the School
District under any of those contractual obligations. The liabilities and
contractual obligations assumed by the District Library shall include, but
not be limited to, those identified in Schedule 4 attached hereto.
6. Except as otherwise agreed to by the School District, the District Library
shall use the Hackley Public Library building as the District Library's
major public service center during the term of the Lease attached as
Schedule 2.
7. The District Library shall execute and deliver the Employee Lease
Agreement substantially in the form attached as Exhibit D to the District
Library Agreement.
8. The District Library shall, to the fullest extent permitted by law, at its own
cost, defend, indemnify and hold the School District, the City of
Muskegon, and their officers, agents and employees (the "Indemnified
Persons") harmless from any and all suits, actions, legal or administrative
proceedings, or claims, including reasonable attorneys' fees and costs,
arising from or resulting for, or in any way connected with, the operation
of the District Library by the District Library Board. The District Library
Board shall obtain insurance coverage in amounts reasonably determined
by the District Library Board to be adequate to meet such liabilities, and
such insurance policies shall name the Indemnified Persons as additional
insured parties. The District Library shall furnish the School District a
binder evidencing or renewing such policies at least 30 days before the
policy expires. Any such policy or binder shall provide for at least 30
days' notice to the School District and the City of any change in coverage
or of cancellation.
9. The School District and the District Library hereby establish a Public
Improvement Fund to be held by the School District for buildings owned
by the School District and leased to the District Library. The School
District and the District Library shall each contribute an equal amount not
later than May I of each year (provided, however, that the District Library
shall not be required to make such contribution until the May I next
C-2
following the levy of a District Library millage). The annual contribution
of each party shall be $25,000 or such higher amount as may be mutually
agreed upon by the parties. In- addition, the School District shall
contribute additional amounts to the Public Improvement Fund as
provided in paragraph 5(h} of the District Library Agreement. The Public
Improvement Fund shall be used exclusively for capital replacements or
extraordinary repairs to the Hackley Public Library building and the
Torrent House leased by the School District to the District Library
pursuant to the Leases attached hereto as Schedules 2 and 3. For purposes
of the Public Improvement Fund and such Leases, any item of repair and
replacement the cost of which exceeds the amount of the mandated base
competitive bid amount as established each year pursuant to Sections 1267
and 1274 of the Revised School Code shall be considered a "capital
replacement or extraordinary repair". No expenditure shall be made from
the Public Improvement Fund without the prior written approval of the
School District and the District Library, which approval shall not be
unreasonably withheld. The Public Improvement Fund may be used for
capital replacements or extraordinary repairs to either the Hackley Public
Library building or the Torrent House as mutually agreed by the School
District and the District Library. All interest earned on the Public
Improvement Fund shall accrue to the Fund. At the expiration or
termination of one of the Leases attached as Schedules 2 and 3, but not
both Leases, the balance of the Public Improvement Fund shall be retained
in the Fund for capital replacements or extraordinary repairs to the
building for which a Lease remains in effect. At the expiration or
termination of both Leases attached as Schedules 2 and 3, any unused
balance of the Fund shall be distributed to the School District and the
District Library in amounts proportionate to their respective total annual
contributions to the Fund. The obligations in this paragraph shall be
binding upon the School District and the District Library unless and until
both of the Leases attached as Schedules 2 and 3 expire or terminate.
I 0. The District Library shall reimburse the School District for the interim
funding of the operation of the District Library in accordance with
paragraph 5 of the District Library Agreement.
11. In the event of failure by either party to perform its obligations under this
Agreement, the other party shall have the power to seek such remedies as
shall be available to it at law or in equity, including actions for mandamus.
C-3
IN WITNESS WHEREOF, the School District and the District Library have
executed this Property Transfer Agreement as of the date first indicated above by and
through their respective duly authorized representatives.
WITNESS: PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
By ___________
Its _ _ _ _ _ _ _ __
By ___________
Its _ _ _ _ _ _ _ __
HACKLEY PUBLIC LIBRARY
By ___________
Its _ _ _ _ _ _ _ __
By-----------
Its _ _ _ _ _ _ _ __
C-4
SCHEDULE 1 TO EXHIBIT C
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made as of _ _ _ _ _ _~ 2001, between
the Public Schools of the City of Muskegon ("Seller") and the Hackley Public
Library, a district library established pursuant to the District Library Establishment Act
("Purchaser").
For valuable consideration, Seller transfers and conveys to Purchaser all of
Seller's right, title and interest in and to all of the tangible and intangible personal
property used by Seller in providing public library services to the residents in the
jurisdictional boundaries of the Seller, including, without limitation, all of the personal
property located in or used in connection with the Seller's Hackley Public Library, a
former school district library; including, but not limited to, the personal property located
on the premises described in attached Exhibit A and all books, records, reports,
documents, instruments and agreements evidencing, detailing or pertaining to any of the
personal property, and the Seller's rights therein. Except as set forth in attached Exhibit
B, none of the personal property is subject to any claim, lien, encumbrance or interest of
any kind or nature. The personal property described in the attached Exhibit C is
transferred and conveyed to the Purchaser subject to the restriction that any such. items
may not be sold or transferred to another party unless such item is first offered in writing
to Seller at no cost and Seller fails to accept the offer in writing within 30 days.
Except as expressly provided herein, Seller makes the transfer under this Bill of
Sale without any representation, warranty or guaranty, whether express, implied or
statutory, including any warranty of condition, merchantability, habitability or fitness for
a particular use or purpose. This transfer is made as is, where is and with all faults.
Purchaser accepts delivery of the personal property and assumes all risk of loss
and responsibility for the performance and compliance with any contractual agreement br
undertaking related to any of the personal property or any of the Seller's rights therein.
C-5
This Bill of Sale is made as of the date first above written.
WITNESSES: PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Its: - - - - - - - -
By _ _ _ _ _ _ _ _ _ __
Its: _ _ _ _ _ _ __
HACKLEY PUBLIC LIBRARY
By _ _ _ _ _ _ _ _ _ __
Its: --------
By _ _ _ _ _ _ _ _ _ __
Its: - - - - - - - -
C-6
BILL OF SALE
EXHIBIT A
The property being transferred is located at or associated with the following described
premises, located at 316 W. Webster Avenue, City of Muskegon, County of Muskegon,
Michigan, commonly known as the Hackley Public Library, and the premises located at
315 W. Webster Avenue, City of Muskegon, County of Muskegon, Michigan commonly
known as the Torrent House, and more particularly described as follows:
Hackley Public Library
The Westerly 142.28 feet of Lot 6, Block 327, of the Revised Plat (of 1903) of the
City of Muskegon, as recorded in Liber 3, of Plats, p. 71, Muskegon County Records, City
of Muskegon, Muskegon County, Michigan.
Torrent House
Lot 6 and part of lot 5 of block 334 of the revised plat of 1903 of the City of
Muskegon, Muskegon County, Michigan, described as follows: Commencing at the
Northwest corner of said Lot 6 for point of beginning, thence North 50 degrees 57
minutes East along the Southerly line of Webster Avenue 70.60 feet, thence South 38
degrees 50 minutes East 33.00 feet, thence North 51 degrees 10 minutes East 10.65 feet,
thence South 38 degrees 50 minutes East 19.45 feet, thence North 51 degrees 10 minutes
East 5.65 feet, thence South 38 degrees 24 minutes East 82.15 feet to the Northerly line
of the 20 foot Alley in said Block, thence South 51 degrees 18 minutes West along said
Northerly line 87.30 feet to the Easterly line of Third Street, thence North 38 degrees 24
minutes West along said Easterly line 134.15 feet to the point of beginning, and common
and mutual use of footings and foundations as shall exist on the property above decried
and the property which is adjacent to and which is owned by the American National R'ed
Cross.
C-7
BILL OF SALE
EXHIBITB
[Liens, daims, encumbrances or interests in the personal property
transferred under this Bill of Sale]
C-8
BILL OF SALE
EXHIBITC
The following items of personal property have significant historical value
and are subject to the restrictions described in this Bill of Sale:
[Insert list]
C-9
Exempt Historic Items List
Hackley Public Library
Quantity Item Description Location
8 Tables Original large oak library tables, some initialed "HPL" 6HPL
pressed into table apron. No two the same dimensions but 2TH
all over 6' long and over 3 'ft wide. Original 1890 tables.
1 Table Original large square walnut table seen in original photos. TH
Initials "HPL" pressed into table apron. Original 1890.
45 Chairs Original oak library chairs, all with initials "HPL" pressed 35HPL
into center back frame facing the seat, various 10TH
seats, backs, and arms. Original 1890 chairs.
18 Chairs Windsor style oak chairs from 1922 remodeling. TH
2 Settee Original oak library "love seat", match 35 original chairs, 1 HPL
initials "HPL" pressed into center back frame facing the seat, 1 TH
upholstered seats, backs and arms. Original 1890 chairs.
1 Chair Old oak library chair, initials "HPL" pressed into HPL
center back of chair facing seat, turned spindles supporting
back and arms. Visible in photographs pre 1900.
1 Entry Very tall oak bench with large mirror over seat, storage in TH
Bench seat, initialed "HPL" on front below seat. Approx. T'h
x 4"w x 2'd. Probably original 1890.
2 Card Original card catalogs produced by Shaw-Walker. 9 double HPL
Catalogs drawers each. Many drawer rods initialed "S-W". Original 1890.
HPL = Hackley Public Library TH= Torrent House MMA = Muskegon Museum of Art CHH = Charles Henry Hackley
February 06, 200 I I
Quantity I1em. Description Location
1 Closet Tall, free standing, oak closet with door, mirror, and drawer HPL
beneath. Possibly original.
1 Desk Oak roll top desk, refinished. May have belonged to CHH. HPL
1 Book Old, unusual design 4 sided revolving cherry book displayer, HPL
Rack approx. 5' tall. Labeled "Library Bureau".
2 File Large, wood, 4 legaj sized drawers each, marked HPL
Cabinets "Shaw-Walker"
2 Benches Free standing with backs, oak, each 4 ft., old HPL
"story time" seating. Original children's dept. equip.
1922.
1 Bench Free standing with back, oak, L-shaped comer TH
"story time" bench. Original children's dept. equip.
1922.
1 Picture Long oak table with slanted top and rail, approx. 7'long TH
Book Table x 25"h xlS" deep, used by children to view picture books.
circa 1922.
1 Bench Long bench for picture book table above. c. 1922. HPL
2 Benches Old oak benches used for story times, ea. approx. 4' TH
3 Shelving Sections double faced shelving, approx. 12'w x Th x 4.5' d. HPL
Sections Glass sliding doors above in three sections. Solid sliding doors
below. Original 1890 library shelving.
HPL = Hackley Public Library TH = Torrent House MMA = Muskegon Museum of Art CHH = Charles Herny Hackley
February 06, 2001 2
Quantity It= Description Location
5 Shelving Sections single faced shelving, approx. 30"w x Th x I' d. HPL
Sections Glass doors. Original 1890 library shelving.
I Shelving 1 section single faced shelving, approx. IO'w x 5.S'h x l 'd. TH
Section Glass doors in 3 sections. Original 1890 library shelving.
7 Shelving Sections double faced shelving, approx. 12' x 4.5'. Original HPL
Sections oak, constructed in 1922 by Hackley Manual Training School.
from original shelving.
4 Shelving Sections double faced shelving, approx. 8' x 4.5'. Original HPL
Sections oak, constructed in 1922 by Hackley Manual Training School.
from original shelving.
2 Sections Freestanding magazine & newspaper shelving made for HPL HPL
by Hackley Manual Training school from original wood,
1922 remodeling. Oak, each approx. 4' wide x 6' h.
Compartments for 33 magazines and 6 newspapers each.
5 Shelves Labeled "Hackley Public Library" used at book depositories at 3HPL
hospitals and branches pre 1930. Oak, approx. S'h x 4'w x l 'd. 2TH
I Circulation Marble topped, U-shaped circulation desk, constructed in HPL
Desk 1922. Approx. 28' x 10'.
2 Circulation Small, youth-sized circulation desks with wells, constructed in HPL
Desks 1922 by Hackley Manual Training School with original woods,
dentate trim matches shelving constructed at the same time.
1 Circulation Unusual 5 sided circulation desk with roll top. Oak. Original TH
Desk equipment at Nelson_School.
HPL = Hackley Public Library TH = Torrent Honse MMA = Muskegon Museum of Art CHH = Charles Henry Hackley
February 06, 2001 3
Quantity !rem Description Location
l Oriental Very large hand made old rug in excellent condition, tan with HPL
Rug blue, dark red and other colors in pattern. Approx. 13' x 22'.
l Painting Portrait of Julia M. Hackley by E.A. Turner, dated 1897. Large, HPL
ornate gold frame with dark red velvet border. Approx. 10' x 6'.
1 Painting Portrait of Charles Hackley by E.A. Turner from the same period. Restorers
Large, ornate gold frame with dark red velvet border. Approx.
1O' x 6'. Presently at the restorers in very poor condition, with
saucer sized hole next to CHH and extensive damage. Painting
photographed hanging n HPL pre 1922. Note on photo indicates
"sent to new high school 1926." Companion to painting of Julia Hackley.
1 Painting Dedication of the Library 1890 by E.A. Turner, dated 1891. HPL
Large, with original ornate gold frame. Approx. 15' x 10'.
I Painting Portrait of Torrent girls and big, black dog, by E.A. Turner. Large, TH
in ornate gold frame. Approx. 4' x 5'. Companion to painting of
Torrent boys by same artist hanging at MMA.
l Painting Portrait of John Torrent by Louis Betts. Ornate gold frame. TH
Approx. 4' x3'.
1 Painting Portrait of John Torrent by E.A. Turner. Unusual, wide ornate TH
dark wood frame with carvings and pressings of plants and animals.
Approx. 4' x 4'.
1 Painting Portrait of Caroline Torrent by E.A. Turner. Unusual, wide ornate Restorers
dark wood frame with carvings and pressings of plants and animals.
Approx. 4' x 4'. Heavily damaged by water leaking into building in
January 1999.
HPL = Hackley Public Library TI-! = Torrent House MMA = Muskegon Museum of Art CHH = Charles Henry Hackley
February 06, 2001 4
Quantity I1l:m Description Location
1 Painting "Shepherds Way Home" by L.B. Knox. Original Hackley TH
Art Gallery collection pre 1913 building, restored by Bettye
Clark Cannon. Approx. 5' x 3' in ornate gold frame.
1 Painting Title & artist unknown, from original Hackley Art Gallery TH
collection pre 1913 building. Large landscape showing mountains
and valleys and 2 monks conversing. Partially hidden
church in background. Possibly Italy Restored by Bettye Clark
Cannon. Approx. 6' x 4' in ornate gold frame.
1 Bust Marble bust of Charles Hackley by C.H. Niehaus. Dated 1892. HPL
Top of one ear not attached to bust.
1 Photo "Old Settlers and Representative Men of Muskegon, Muskegon HPL
Collage Chronicle 1885." Approx. 4 'w x 2. 5' h. Original used for
Chronicle article in 1885.
1 Lithograph Birdseye view of Muskegon, 1874, by Charles Shober & Co. HPL
1 Model Model of the U.S.S. Constitution made by "the Hume Boys" HPL
Ship and donated by them circa 19 50. In glass case, approx 4 'w x
3.5'h x 2'd.
I Model Model of the H.M.S. Prince Albert, made by "the Hume Boys" HPL
Ship and donated by them circa 1950. In glass case, approx. 4'w x
3.5'h x 2'd.
I Framed Resolution of MPS Board of Education accepting CHH donation HPL
Document ofHPL
HPL = Hackley Public Library TH = Torrent House MMA = Muskegon Museum of Art CHH = Charles Henry Hackley
February 06, 2001 5
Quantity !km Description Location
I Framed Resolution of City of Muskegon commending CHH donation HPL
ofHPL
I Book "Book of Kells" facsimile edition, with box. HPL
Donated by Irish American Society and other individuals.
I Collection Curtis collection "The North American Indian". Complete collection published MMA
between 1980 and 1930 consisting of20 volume set ofl2.5" x 9.5" books
containing 1500 full page photogravures and 20 portfolios containing 700 12" x 16"
photogravures in original portfolios. VanGeler Holland watermark paper. Signed
by the photographer and Theodore Roosevelt. Placed on permanent loan to the
Muskegon Museum of Art in 1977.
Unknown Assorted building fixtures and construction items not in current use, HPL, TH
Quantity including light fixtures, door hardware, shelving hardware, plaster
molds, roofing slate, blue prints.
Unknown Assorted realia including Charles Hackley' s key to HPL, a slice of a log bearing HPL, TH
Quantity the Hackley logmark, HPL spoons, post cards, commemorative & promotional
items, copper plates used to print HPL dedication book, antique library
book imprinting and binding equipment, old book plates, etc.
Unknown Items of historic or nostalgic significance that are attached to or part HPL
Quantity the building, such as initialed door knobs and fixtures, glass floor, stacks
supports and shelving, marble paneling, mural, stained glass and leaded
glass, light fixtures.
Unknown Printed items of significance to Muskegon history, consisting of maps, photos, HPL, TH
Quantity newspapers, scrapbooks, club papers, posters, record books, bibles,
annual reports, yearbooks, publications, plat maps, and more.
HPL = Hackley Public Library TH= Torrent House MMA = Muskegon Museum of Art CHH = Charles Henry Hackley
February 06, 2001 6
SCHEDULE 2 TO EXHIBIT C
LEASE·
HACKLEY PUBLIC LIBRARY BUILDING
This Lease is made as of the _ _ day of March _ ___, 2001, by and between
the Public Schools of the City of Muskegon, hereinafter designated as the Landlord, and
the Hackley Public Library, hereinafter designated as the Tenant.
1. Description and Term. In consideration of the rent described below and the
covenants and agreements to be performed by the Tenant, and the Landlord under this
Lease, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the
Premises commonly known as the Hackley Public Library, located at 316 W. Webster, in
the City of Muskegon, County of Muskegon, Michigan, as more particularly described on
Exhibit A, from and after the_ day of March, 2001, to and including the __ day of
March, 2051, unless terminated prior thereto as provided in this Lease.
2. Rent. In consideration of this Lease, the Tenant shall pay rent of $1.00 per
annum; shall provide public library services in the jurisdictional boundaries of the
Tenant; shall provide the Landlord the rights of use and access set forth in Section 9; and
in addition, shall be responsible for paying all of the costs of using, operating, managing,
insuring, repairing, maintaining and equipping the Premises.
3. Tenant's Responsibilities. Without limiting the foregoing, the Tenant agrees as
follows:
(a) The Tenant shall accept the Premises "as is and with all faults. "
(b) Subject to paragraph 5 of this Lease, the Tenant shall pay for all gas,
water, sewer, heat, electricity, light, telephone, or any other
communication or utility service used in or rendered or supplied to the
Premises during the term of this Lease, as the same shall become due.
(c) At all times prior to and including June 30, 2001, the Landlord shall be
responsible for all costs of maintaining, repairing, and insuring the
Premises. Commencing on July 1, 2001 and at ·all times thereafter, the
Tenant shall pay to Landlord the Landlord's actual expenses incurred in
the maintenance and repair of the Premises and Landlord's cost of insuring
the Premises, pursuant to paragraph 4 of this Lease, subject, however, to
paragraph 5 of this Lease. The expenses shall include the actual cost of all
personnel (including wages, salaries, fiinge benefits, and taxes) for the
maintenance and repair of the Premises and all other costs and expenses
incurred by the Landlord pursuant to paragraph 4 of this Lease.
C-10
The costs of personnel shall be allocated pro rata based on the number of
hours of each employee who works on maintenance and repair pursuant to
this Lease in relation to their total hours of employment. The Landlord
will invoice Tenant each month for the expenses incurred in the
maintenance and repair of the Premises on a time and material basis and
the expenses for insuring the Premises, with an itemization of such
expenses. The Tenant shall pay the invoice within thirty (30) days of
receipt.
(d) The Tenant shall make its annual contribution to the Public Improvement
Fund pursuant to paragraph 9 of the Property Transfer Agreement attached
to the District Library Agreement as Exhibit C. The total amount of the
contribution shall be $25,000 or such higher amount as may be mutually
agreed upon by Landlord and Tenant. The Public Improvement Fund may
be applied to the Premises or the Torrent House as agreed by the parties as
provided in the Property Transfer Agreement.
(e) The Tenant shall not perform or permit any acts or carry on any practices
which may injure the building and structures on the Premises.
(f) The Tenant shall be responsible for the risk of loss of all the personal
property on the Premises and shall provide fire and extended coverage
insurance on the personal property located in the Premises in amounts
reasonably deemed adequate by the Tenant to fully insure the personal
property. It is understood and agreed that if the personal property on the
Premises as of the Effective Date of the District Library Agreement is
damaged or destroyed in whole or in part by fire or other casualty during
the term hereof, the Tenant will repair and restore the same to good
tenantable condition with reasonable dispatch based solely upon the
amount of insurance proceeds received by the Tenant to cover such
casualty.
(g) The Tenant shall not make any structural improvements, alterations,
additions or physical changes to the Premises without the Landlord's prior
written consent.
(h) The Tenant shall be responsible for its own regular janitorial service to
maintain the Premises in a neat and clean condition.
(i) the Tenant shall at all times comply with all restrictive covenants or
similar restrictions on the use of the property.
4. Landlord's Responsibilities. The Landlord agrees as follows:
(a) Subject to the Tenant's obligation set forth in paragraph 3(c), the Landlord
C-11
shall maintain the Premises in good condition and repair (ordinary wear
and tear excepted) including, without limitation, all plumbing, sprinkler,
heating, air conditioning, electrical, gas, and other fixtures and equipment;
the roof, structural supports, exterior and interior walls, floor, walkways,
sidewalks, grounds, landscaping, and parking lots; all windows, and
window frames, doors and door frames, and ceilings; all interior wall
coverings and floor coverings; and all exterior and interior signs; and shall
make all necessary repairs thereto.
(b) Subject to the Tenant's obligation set forth in paragraph 3(c), the Landlord
shall at all times during the term of this Lease keep the premises insured
against loss or damage caused by fire, with extended coverage, boiler and
machinery insurance, water damage and windstorm damage, in an amount
not less than one hundred percent ( 100%) of the full insurable value as
determined from time to time. The term "full insurable value" means
actual replacement cost without deduction for physical depreciation.
(c) At all times prior to and including June 30, 2001, the Landlord shall be
responsible for all costs and expenses incurred by the Landlord pursuant to
this Lease. Commencing on July I, 2001 and thereafter, the Tenant shall
be responsible for all such costs and expenses as provided in paragraph
3(c).
(d) The Landlord shall make its annual contribution to the Public
Improvement Fund pursuant to paragraph 9 of the Property Transfer
Agreement
5. Notwithstanding any other provision of this Lease, the obligations of the Tenant
and the Landlord shall be consistent with paragraph 5 of the District Library Agreement
as follows:
(a) The Landlord shall be responsible for all costs and payments described in
paragraph 3 from the effective date of this Lease until June 30, 2001.
(b) If a District Library millage is approved by voters on or before September
30, 2001, the Landlord shall pay all costs of operating, maintaining,
repairing, and insuring the Premises on an interim basis from July 1, 2001,
through February 28, 2001, and Tenant shall reimburse the Landlord for
such costs from District Library millage revenues as soon as possible and
not later than June 30, 2002.
( c) If a District Library millage is not approved by voters on or before
September 30, 2001, the Landlord, and not the Tenant, shall be
responsible for all costs of operating, maintaining, repairing, and insuring
Premises for the fiscal year 2001- 2002 (July 1, 2001 - June 30, 2002) and
the Tenant shall not be obligated to reimburse the Landlord for such costs.
C-12
(d) If a District Library millage is not approved by voters on or before
September 30, 2001 but is approved by voters on or before June 30, 2002,
the Landlord shall pay all costs of operating, maintaining, repairing, and
insuring the Premises on an interim basis from July I, 2002 through
February 28, 2003, and Tenant shall reimburse the Landlord for such costs
from District Library millage revenues as soon as possible and not later
than June 30, 2003.
6. Public Improvement Fund. In the event that capital replacements or
extraordinary repairs to the Premises are necessary from time to time to maintain the
building in sound condition during the term of the Lease, the Public Improvement Fund
established pursuant to the Property Transfer Agreement shall be used to offset such
expenditures in accordance with the Property Transfer Agreement and subject to the prior
written approval of the Landlord and Tenant, which shall not be unreasonably withheld.
For purposes of this Lease, any item of repair or replacement, the cost of which exceeds
the amount of the mandated based competitive bid amount as established each year
pursuant to Sections 1267 and 1274 of the Revised School Code, shall be considered a
"capital replacement or extraordinary repair".
7. Assignment. The Tenant covenants not to assign or transfer this Lease under any
circumstances without the prior written consent of the Landlord.
8. Use and Occupancy. It is understood and agreed between the parties hereto that:
(a) except to the extent the Premises or a portion of the Premises are used from time to
time by the Landlord as provided in paragraph 10 of this Lease, the Premises during the
continuance of this Lease shall be used and occupied for providing public library services
to the residents in the jurisdictional boundaries of the Tenant and for no other purpose or
purposes (except for reciprocal borrowing) without the written consent of the Landlord;
(b) upon discontinuance of the use of the Premises for public library purposes in excess
of 90 consecutive days (other than during periods following fire or other casualty· or
during renovations), this Lease shall forthwith terminate and possession shall be returned
to the Landlord; and (c) that the Tenant will not use or permit or suffer the use of the
Premises for any purpose in violation of any federal or state law, municipal ordinance or
regulation, including the federal Americans with Disabilities Act and the Michigan
Handicappers' Civil Rights Act.
9. Fire/Casualty. It is understood and agreed that if the Premises are damaged or
destroyed in whole or in part by fire or other casualty during the term hereof, the
Landlord will repair and restore the same to good tenantable condition with reasonable
dispatch based solely upon the amount of insurance proceeds received by the Landlord to
cover such casualty. The Tenant shall remove its damaged goods, wares, equipment
and/or property within a reasonable time to permit the repair and restoration.
C-13
10. Access to Premises. During the tenn of this Lease, Landlord shall have the non-
exclusive right to use any facilities for Landlord's purposes that do not interfere with
public library services as may be mutually agreed upon from time to time by the
Landlord and Tenant. The Landlord shall have the right to enter upon the Premises at all
reasonable hours for the purpose of inspecting the same.
11. Quiet Enioyment. The Landlord covenants that the said Tenant, on perfonnance
of all of Tenant's obligations, shall and may peacefully and quietly have, hold and enjoy
the Premises as provided in this Lease for the tenn thereof
12. Termination. The Landlord shall have the power to terminate this Lease upon 48
months written notice to the Tenant. In the event the Landlord so terminates this Lease,
the Landlord shall reimburse the Tenant for capital improvements or extraordinary
repairs to the Premises (depreciated in accordance with generally accepted accounting
principles) to the extent of the Tenant's payments therefor to the Public Improvement
Fund pursuant to paragraph 9 of the Property Transfer Agreement.
13. Remedies. If Tenant shall breach or fail to perfonn any of the promises and
agreements in this Lease, and such failure shall continue, without commencement and
diligent pursuit of remedial action, for sixty (60) days after written notice from Landlord,
Landlord may commence such perfonnance at Tenant's cost and expense or terminate this
Lease and reenter and repossess the Premises.
14. Remedies Not Exclusive. It is agreed that each and every of the rights, remedies
and benefits provided by this Lease shall not be cumulative, and shall not be exclusive of
any other of said rights, remedies and benefits or of any other rights, remedies and
benefits allowed by law or equity.
15. Waiver. One or more waivers of any covenant or condition by the Landlord shall
not be construed as a waiver of a further breach of the same covenant or condition.
16. Notices. Whenever notice of any kind is required under this Lease, it shall be
deemed sufficient notice and service thereof if such notice is in writing addressed to the
applicable party at its last known Post Office address and deposited in the mail with
postage prepaid.
17. Expiration of Lease. Upon the expiration of this Lease, and substantial
perfonnance of the Tenant's agreements herein, the Landlord may transfer to the Tenant
all right, title and interest in the Premises, pursuant to a Quit Claim Deed, or the parties
may extend the tenns of this Lease.
18. Termination; Dissolution of Library. This Lease shall automatically terminate
in the event of the dissolution of the Hackley Public Library as a district library.
C-14
IN WITNESS WHEREOF, the parties have executed this Lease by the signature
of the duly authorized officers of the parties as of the date written in paragraph I.
WITNESSES: PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Its:
By _ _ _ _ _ _ _ _ _ __
Its:
HACKLEY PUBLIC LIBRARY
By _ _ _ _ _ _ _ _ _ __
Its: - - - - - - - - - -
By _ _ _ _ _ _ _ _ _ __
Its:
----------
C-15
EXHIBIT A
Hackley Public Library
The Westerly 142.28 feet of Lot 6, Block 327, of the Revised Plat (of 1903) of the
City of Muskegon, as recorded in Liber 3, of Plats, p.71, Muskegon County Records, City
of Muskegon, Muskegon County, Michigan.
C-16
SCHEDULE 3 TO EXHIBIT C
LEASE·
TORRENT HOUSE
This Lease is made as of the _ _ day of March, 2001, by and between the
Public Schools of the City of Muskegon, hereinafter designated as the Landlord, and the
Hackley Public Library, hereinafter designated as the Tenant.
1. Description and Term. In consideration of the rents described below and the
covenants and agreements to be performed by the Tenant, and the Landlord under this
Lease, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the
Premises commonly known as the Torrent House, located at 315 W. Webster, in the City
of Muskegon, County of Muskegon, Michigan, as more particularly described on Exhibit
A, from and after the_ day of March, 2001, to and including the _ _ day of March,
2051, unless terminated prior thereto as provided in this Lease.
2. Rent. In consideration of this Lease, the Tenant shall pay rent of $1.00 per
annum; shall provide public library services in the jurisdictional boundaries of the
Tenant; shall provide the Landlord the rights of use and access set forth in Section 9; and
in addition, shall be responsible for paying all of the costs of using, operating, managing,
insuring, repairing, maintaining and equipping the Premises.
3. Tenant's Responsibilities. Without limiting the foregoing, the Tenant agrees as
follows:
(a) The Tenant shall accept the Premises "as is and with all faults."
(b) Subject to paragraph 5 of this Lease, the Tenant shall pay for all gas,
water, sewer, heat, electricity, light, telephone, or any other
communication or utility service used in or rendered or supplied to the
Premises during the term of this Lease, as the same shall become due.
(c) At all times prior to and including June 30, 2001, the Landlord shall be
responsible for all costs of maintaining, and repairing the Premises.
Commencing on July 1, 2001 and at all times thereafter, the Tenant shall
pay to Landlord the Landlord's actual expenses incurred in the
maintenance and repair of the Premises and Landlord's cost of insuring the
Premises, pursuant to paragraph 4 of this Lease, subject, however, to
paragraph 5 of this Lease. The expenses shall include the actual cost of all
personnel (including wages, fringe benefits and taxes) for maintenance
and repair of the Premises and all other costs and expenses incurred by the
Landlord pursuant to paragraph 4 of this Lease. The costs of personnel
C-17
shall be allocated pro rata based on the number of hours of each employee
who works on maintenance and repair pursuant to this Lease in relation to
their total hours of employment. The Landlord will invoice the Tenant
each month for the expenses incurred in the maintenance and repair of the
Premises on a time and materials basis, and the expenses for insuring the
Premises, with an itemization of such expenses. The Tenant shall pay the
invoice within thirty (30) days of receipt.
(d) The Tenant shall make its annual contribution to the Public Improvement
Fund pursuant to paragraph 9 of the Property Transfer Agreement attached
to the District Library Agreement as Exhibit C. The total amount of the
contribution shall be $25,000 or such higher amount as may be mutually
agreed upon by Landlord and Tenant. The Public Improvement Fund may
be applied to the Premises or the Hackley Public Library building as
agreed by the parties as provided in the Property Transfer Agreement.
(e) The Tenant shall not perform or permit any acts or carry on any practices
which may injure the building and structures on the Premises.
(f) The Tenant shall be responsible for the risk of loss of all the personal
property on the Premises and shall provide fire and extended coverage
insurance on the personal property located in the Premises in amounts
reasonably deemed adequate by the Tenant to fully insure the personal
property. It is understood and agreed that if the personal property on the
Premises as of the Effective Date of the District Library Agreement is
damaged or destroyed in whole or in part by fire or other casualty during
the term hereof, the Tenant will repair and restore the same to good
tenantable condition with reasonable dispatch based solely upon the
amount of insurance proceeds received by the Tenant to cover such
casualty.
(g) The Tenant shall not make any structural improvements, alteratioris,
additions or physical changes to the Premises without the Landlord's prior
written consent.
(h) The Tenant shall be responsible for its own regular janitorial service to
maintain the Premises in a neat and clean condition.
(i) The Tenant shall at all times comply with all restrictions contained in
deeds conveying title to the premises to the Landlord as set forth in Liber
1810, pp. 891-894 in the Muskegon County Register ofDeeds.
4. Landlord's Responsibilities. The Landlord agrees as follows:
(a) Subject to the Tenant's obligation set forth in paragraph 3(c), the Landlord
shall maintain the Premises in good condition and repair ( ordinary wear
C-18
and tear excepted) including, without limitation, all plumbing, sprinkler,
heating, air conditioning, electrical, gas, and other fixtures and equipment;
the roof, structural supports, exterior and interior walls, floors, walkways,
sidewalks, grounds, landscaping, and parking lots; all windows, and
window frames, doors and door frames, and ceilings; all interior wall
coverings and floor coverings; and all exterior and interior signs; and shall
make all necessary repairs thereto.
(b) Subject to the Tenant's obligation set forth in paragraph 3(c), the Landlord
shall at all times during the term of tbis Lease keep the premises insured
against loss or damage caused by fire, with extended coverage, boiler and
machinery insurance, water damage and windstorm damage, in an amount
not less than one hundred percent (100%) of the full insurable value as
determined from time to time. The term "full insurable value" means
actual replacement cost without deduction for physical depreciation.
(c) At all times prior to and including June 30, 2001, the Landlord shall be
responsible for all costs and expenses incurred by the Landlord pursuant to
this Lease. Commencing on July 1, 2001 and thereafter, the Tenant shall
be responsible for all such costs and expenses as provided in paragraph
3(c).
(d) The Landlord shall make its annual contribution to the Public
Improvement Fund pursuant to paragraph 9 of the Property Transfer
Agreement.
5. Notwithstanding any other provision of tbis Lease, the obligations of the Tenant
and the Landlord shall be consistent with paragraph 5 of the District Library Agreement
as follows:
(a) The Landlord shall be responsible for all costs and payments described ,in
paragraph 3 from the effective date of this Lease until June 30, 2001. '
(b) If a District Library millage is approved by voters on or before September
3 0, 2001, the Landlord shall pay all costs of operating, maintaining,
repairing, and insuring the Premises on an interim basis from July 1, 2001,
through February 28, 2001, and Tenant shall reimburse the Landlord for
such costs from District Library millage revenues as soon as possible and
not later than June 30, 2002.
(c) If a District Library millage is not approved by voters on or before
September 30, 2001, the Landlord, and not the Tenant, shall be
responsible for all costs of operating, maintaining, repairing, and insuring
Premises for the fiscal year 2001 - 2002 (July 1, 2001 - June 30, 2002)
and the Tenant shall not be obligated to reimburse the Landlord for such
costs.
C-19
(d) If a District Library millage is not approved by voters on or before
September 30, 2001 but is approved by voters on or before June 30, 2002,
the Landlord shall pay all costs of·operating, maintaining, repairing, and
insuring the Premises on an interim basis from July 1, 2002 through
February 28, 2003, and Tenant shall reimburse the Landlord for such costs
from District Library millage revenues as soon as possible and not later
than June 30, 2003.
6. Public Improvement Fund. In the event that capital replacements or
extraordinary repairs to the Premises are necessary from time to time to maintain the
building in sound condition during the term of the Lease, the Public Improvement Fund
established pursuant to the Property Transfer Agreement shall be used to offset such
expenditures in accordance with the Property Transfer Agreement and subject to the prior
written approval of the Landlord and Tenant, which shall not be unreasonably withheld.
For purposes of this Lease, any item of repair or replacement, the cost of which exceeds
the amount of the mandated base competitive bid amount as established each year
pursuant to Sections 1267 and 1274 of the Revised School Code, shall be considered a
"capital replacement or extraordinary repair".
7. Assignment. The Tenant covenants not to assign or transfer this Lease under any
circumstances without the prior written consent of the Landlord.
8. Use and Occupancy. It is understood and agreed between the parties hereto that:
(a) except to the extent the Premises or a portion of the Premises are used from time to
time by the Landlord as provided in paragraph 10 of this Lease, the Premises during the
continuance of this Lease shall be used and occupied for any public library purposes or
other activities which complement the Hackley Public Library or which are cultural
activities, and for no other purpose or purposes without the written consent of the
Landlord: (b) upon discontinuance of the use of the Premises for such purposes in excess
of 90 consecutive days (other than during periods following fire or casualty damage· or
during renovations), this Lease shall forthwith terminate and possession shall be returned
to the Landlord; and (c) that the Tenant will not use or permit or suffer the use of the
Premises for any purpose in violation of any federal or state law, municipal ordinance or
regulation, including the federal Americans with Disabilities Act and the Michigan
Handicappers' Civil Rights Act.
9. Fire/Casualty. It is understood and agreed that if the Premises are damaged or
destroyed in whole or in part by fire or other casualty during the term hereof, the
Landlord will repair and restore the same to good tenantable condition with reasonable
dispatch based solely upon the amount of insurance proceeds received by the Landlord to
cover such casualty. The Tenant shall remove its damaged goods, wares, equipment
and/or property within a reasonable time to permit the repair and restoration.
10. Access to Premises. During the term of this Lease, Landlord shall have the non-
exclusive right to use any facilities for Landlord's purposes that do not interfere within
public library devices as may be mutually agreed upon from time to time by the Landlord
C-20
and Tenant. The Landlord shall have the right to enter upon the Premises at all
reasonable hours for the purpose of inspecting the same.
11. Quiet Enjoyment. The Landlord covenants that the said Tenant, on perfonnance
of all of Tenant's obligations, shall and may peacefully and quietly have, hold and enjoy
the Premises as provided in this Lease for the term thereof
12. Termination. The Tenant shall have the power to terminate this Lease with or
without cause upon twelve (12) months prior written notice to the Landlord. The
Landlord shall have the power to terminate this Lease with or without cause upon twelve
(12) months prior written notice to the Tenant. In the event of termination by the
Landlord or the Tenant pursuant to this paragraph, the Landlord shall reimburse the
Tenant for capital improvements or extraordinary repairs to the Premises (depreciated in
accordance with generally accepted accounting principles) to the extent of the Tenant's
payments therefor to the Public Improvement Fund pursuant to paragraph 9 of the
Property Transfer Agreement.
13. Remedies. If Tenant shall breach or fail to perform any of the promises and
agreements in this Lease, and such failure shall continue, without commencement and
diligent pursuit of remedial action, for sixty (60) days after written notice from Landlord,
Landlord may commence such perfonnance at Tenant's cost and expense or terminate this
Lease and reenter and repossess the Premises.
14. Remedies Not Exclusive. It is agreed that each and every of the rights, remedies
and benefits provided by this Lease shall not be cumulative, and shall not be exclusive of
any other of said rights, remedies and benefits or of any other rights, remedies and
benefits allowed by law or equity.
15. Waiver. One or more waivers of any covenant or condition by the Landlord shall
not be construed as a waiver of a further breach of the same covenant or condition. ·
16. Notices. Whenever notice of any kind is required under this Lease, it shall be
deemed sufficient notice and service thereof if such notice is in writing addressed to the
applicable party at its last known Post Office address and deposited in the mail with
postage prepaid.
17. Expiration of Lease. Upon the expiration of this Lease, and substantial
performance of the Tenant's agreements herein, the Landlord may transfer to the Tenant
all right, title and interest in the Premises, pursuant to a Quit Claim Deed, or the parties
may extend the terms of this Lease.
18. Termination; Dissolution of Library. This Lease shall automatically terminate
in the event of the dissolution of the Hackley Public Library as a district library.
C-21
IN WITNESS WHEREOF, the parties have executed this Lease by the signature
of the duly authorized officers of the parties as of the date written in paragraph 1.
WITNESSES: PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Its: _ _ _ _ _ _ _ _ __
By _ _ _ _ _ _ _ _ _ __
Its: _ _ _ _ _ _ _ _ __
HACKLEY PUBLIC LIBRARY
By _ _ _ _ _ _ _ _ __
Its: ----------
By _ _ _ _ _ _ _ _ __
Its: - - - - - - - - - -
C-22
EXHIBIT A
Torrent House
Lot 6 and part of lot 5 of block 334 of the revised plat of 1903 of the City of
Muskegon, Muskegon County, Michigan, described as follows: Commencing at the
Northwest comer of said Lot 6 for point of beginning, thence North 50 degrees 57
minutes East along the Southerly line of Webster Avenue 70.60 feet, thence South 38
degrees 50 minutes East 33.00 feet, thence North 51 degrees 10 minutes East 10.65 feet,
thence South 38 degrees 50 minutes East 19.45 feet, thence North 51 degrees 10 minutes
East 5.65 feet, thence South 38 degrees 24 minutes East 82.15 feet to the Northerly line
of the 20 foot Alley in said Block, thence South 51 degrees 18 minutes West along said
Northerly line 87.30 feet to the Easterly line of Third Street, thence North 38 degrees 24
minutes West along said Easterly line 134.15 feet to the point of beginning, and common
and mutual use of footings and foundations as shall exist on the property above described
and the property which is adjacent to and which is owned by the American National Red
Cross.
C-23
SCHEDULE 4 TO EXHIBIT C
The following is a list of the contractual obligations of the School District relating
to the Former Library that are hereby assigned by the School District to the Library and
shall be assumed by the Library upon the Execution of this Agreement.
I. Plan of Service Agreement with the Lakeland Library Cooperative.
[Additional contracts to be inserted]
C-24
SCHEDULE 2 TO EXHIBIT C
LEASE·
HACKLEY PUBLIC LIBRARY BUILDING
This Lease is made as of the _ _ day of March-~ 2001, by and between
the Public Schools of the City of Muskegon, hereinafter designated as the Landlord, and
the Hackley Public Library, hereinafter designated as the Tenant.
1. Description and Term. In consideration of the rent described below and the
covenants and agreements to be performed by the Tenant, and the Landlord under this
Lease, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the
Premises commonly known as the Hackley Public Library, located at 316 W. Webster, in
the City of Muskegon, County of Muskegon, Michigan, as more particularly described on
Exhibit A, from and after the _ day of March, 2001, to and including the __ day of
March, 2051, unless terminated prior thereto as provided in this Lease.
2. Rent. In consideration of this Lease, the Tenant shall pay rent of $1.00 per
annum; shall provide public library services in the jurisdictional boundaries of the
Tenant; shall provide the Landlord the rights of use and access set forth in Section 9; and
in addition, shall be responsible for paying all of the costs of using, operating, managing,
insuring, repairing, maintaining and equipping the Premises.
3. Tenant's Responsibilities. Without limiting the foregoing, the Tenant agrees as
follows:
(a) The Tenant shall accept the Premises "as is and with all faults."
(b) Subject to paragraph 5 of this Lease, the Tenant shall pay for all gas,
water, sewer, heat, electricity, light, telephone, or any other
communication or utility service used in or rendered or supplied to the
Premises during the term ofthis Lease, as the same shall become due.
(c) At all times prior to and including June 30, 2001, the Landlord shall be
responsible for all costs of maintaining, repairing, and insuring the
Premises. Commencing on July 1, 2001 and at 'all times thereafter, the
Tenant shall pay to Landlord the Landlord's actual expenses incurred in
the maintenance and repair of the Premises and Landlord's cost of insuring
the Premises, pursuant to paragraph 4 of this Lease, subject, however, to
paragraph 5 of this Lease. The expenses shall include the actual cost of all
personnel (including wages, salaries, fringe benefits, and taxes) for the
maintenance and repair of the Premises and all other costs and expenses
incurred by the Landlord pursuant to paragraph 4 of this Lease.
C-10
EXHIBIT D
EMPLOYEE LEASING AGREEMENT
Agreement made by and between PUBLIC SCHOOLS OF THE CITY OF MUSKEGON
("MPS"), a Michigan public school district, and HACKLEY PUBLIC LIBRARY ("HPL"), a
Michigan District Library.
In consideration of the mutual promises and benefits contained herein the parties agree
as follows:
1. MPS Services. MPS agrees to lease to HPL and HPL agrees to lease from MPS
the personnel on the list previously supplied by HPL to MPS, including a Director, and such
additional personnel employed by MPS as provided in Section 6 below ("Leased Employees")
on the terms and conditions described herein. MPS shall (i) compile, prepare and maintain all
payroll and employee information records required for the Leased Employees, make all proper
payroll deductions, including payments for income tax and Social Security tax requirements
under local, State and Federal laws for compensation and benefits paid to the Leased Employees
and shall file all related tax returns as required by local, State and Federal law; (ii) assume
responsibility for administrative matters relating to compensation and employment for the Leased
Employees and for the fringe benefits as agreed upon by HPL and MPS; and (iii) secure and
maintain workers' compensation insurance coverage for the Leased Employees as required by
law. All MPS employees assigned to HPL on the effective date of the District Library
Agreement, will be allowed to continue their employment at the library facilities of HPL, subject
to MPS' s personnel policies as further discussed herein.
2. Term of Agreement. This Agreement shall commence o_n the effective date of
the District Library Agreement and remain in effect until the February 28th following the levy
of a District Library millage or, if a District Library millage is not approved, until June 30,
2002. Termination may also occur by operation of Paragraphs 10 and 11 in this Agreement or
by mutual agreement of the parties. '
3. Pavment and Terms.
(a) Reimbursements. In accordance with the payment procedures described
herein, HPL shall pay to MPS all cost herein incurred by MPS in connection with the
Leased Employees (the "Reimbursements") including all payroll (inclusive of bonuses and
special payments), all applicable Federal, State and local taxes, all premiums and
contributions in connection with employee benefits, all insurance (including, but not
limited to, health, dental, optical, life), all workers' compensation premiums, all
unemployment compensation charges and all payments in connection with all pension,
deferred compensation or retirement plans, along with a service fee of three percent (3%)
of all said costs attributable to HPL. In the event of the sale, dissolution, liquidation,
reorganization or closing of HPL or HPL' s business during the term of this Agreement
which causes MPS to terminate or lay off any MPS employee assigned to HPL under this
Agreement, HPL agrees to promptly reimburse MPS for actual costs incurred by MPS
in connection with the termination or lay off of such employee (including, but not limited
to, all severance benefits and unemployment ellipenses and charges incurred by MPS with
respect to and paid to such employee, for any costs or charges incurred by MPS which
result from HPL' s failure or refusal to comply with MPS directives regarding the
termination or lay off of such employees or any costs or charges incurred by MPS which
results from HPL' s failure or refusal to comply with the terms of this Agreement).
(b) Payment Terms.
(i) Invoice. MPS shall deliver to HPL on a per payroll basis an
itemized invoice describing all charges applicable to the Leased
Employees covered by the next scheduled payroll, including any
Reimbursements described in Section 3.
(ii) Pavment. Concurrent with receipt of tax funds for the District
Library, HPL shall deliver to MPS payment in full for all invoices for all
eligible payroll periods, as further described in Paragraph 5 of the District
Library Agreement attached hereto as Exhibit A, said payment shall in no
event be later than June 30, 2002; or, in the alternative, June 30, 2003,
should the District Library millage not be approved by the voters before
September 30, 2001.
(iii) Modification. Any adjustment to Federal, State or local taxes,
governmental or nongovernmental insurance premiums, contributions for
employee benefits applicable hereto, or any other Reimbursements or any
change in the status of the Leased Employee shall be effective on the date
'of such adjustment or change. Further, in the event MPS inadvertently
fails to timely include such additional cost on the next periodic invoice
when same became due, even if as a result of an administrative error, that
amount shall be due retroactive to the date of change, as mandated py the
above authority or otherwise, and shall be due by HPL upon the next
proper invoicing.
(iv) Billing Disputes. HPL shall be solely responsible for and verify
all time submissions of Leased Employees. If HPL disputes the accuracy
of any invoice delivered pursuant to this Section, HPL shall, within ten
(10) business days of receipt, deliver a notice ·and detailed explanation of
such dispute to MPS. If that notice is not received within such ten ( 10)
business days, the accuracy of such invoice shall be assumed and HPL
shall have waived any objections to the accuracy of such invoice. Any
errors shall be corrected by a debit or credit to HPL's future invoices.
-2-
4. Workers' Compensation Insurance. MPS shall secure workers' compensation
insurance covering the Leased Employees in amounts determined by MPS as appropriate and
required by law. Any such coverage shall be maintained throughout the term of this Agreement.
MPS, upon written request, shall provide to HPL on or before the effective date, documentation.
evidencing that such insurance is valid and in full force and effect as of the effective date. MPS
shall have the right, from time to time, to change workers' insurance coverages and/or insurance
carriers at its discretion, provided such changes shall not cause any interruption or lapse of
insurance coverage to HPL. Pricing as outlined in attached Exhibit B.
5. Health Insurance.
(a) MPS shall offer a benefit plan which includes major medical coverage for
all eligible MPS employees who have complied with MPS carrier's underwriting
requirements and with the provisions of their employment agreement, if applicable.
Offered benefits are conditioned upon HPL's compliance with this Agreement.
(b) MPS reserves the right to refuse to issue medical insurance to
applicants who do not meet MPS carrier's underwriting requirements.
(c) MPS shall comply with the requirements of COBRA for all eligible
employees based upon Federal law. If COBRA premiums are not timely paid by the
HPL or the Leased Employee, as determined under applicable Federal law, COBRA
coverage will terminate as of the end of the period for which the last payment was timely
made. HPL shall timely provide MPS with all such information as may be requested by
MPS to permit it to satisfy the requirements of COBRA and HPL shall be responsible
for all losses incurred by MPS as a result of HPL's failure to do so.
(d) Effective as of the date of this Agreement, HPL will not sponsor
or maintain its own self-funded health (including dental and vision) plan or cafeteria plan
as those terms are defined under Sections 105 and 125 of the Internal Revenue Code of
1986, as amended, so long as this Agreement is in effect.
(e) HPL acknowledges that it will retain full responsibility and all
liability for any employee benefits it provides Leased Employee.
6. Direction and Control of Leased Emplovees.
(a) MPS shall provide HPL with a Director, who shall be an employee of
MPS, subject to any applicable personnel policies then in effect. With respect to the
operation of HPL, including but not limited to, the day-to-day operation of HPL within
policies to be established by the HPL board, budgeting, services, and materials selection,
the Director shall be responsible solely and directly to the HPL board. To the extent
policies set by the HPL board conflict with MPS personnel policies, MPS personnel
policies shall prevail.
-3-
(b) MPS personnel working at HPL's facilities, including the Director, shall
be subject to all MPS personnel policies now in effect or hereafter adopted. It is
recognized and understood between MPS and HPL that MPS has the right and the
obligation to discipline its employees in accordance with MPS personnel policies during
the term of this Agreement. HPL shall therefore have the opportunity, through the
Director or, if the employee in question is the Director, then through the HPL Board
President, to request that adequate, satisfactory employees continue to be assigned to
HPL responsibilities, and in the event a specific employee shall not carry out his or her
responsibilities in accordance with the standards applicable to MPS employees performing
public library services prior to the effective date of this Agreement, HPL shall notify
MPS in writing of that situation, and MPS shall take all actions available to provide
discipline to that employee to the extent permissible under MPS policies and collective
bargaining agreements then in place.
As of the effective date, MPS has provided HPL with a copy of all applicable
MPS personnel policies now in effect. MPS hereby covenants to provide the HPL Board
with a copy of any personnel policies hereafter adopted and applicable to the personnel
working at HPL.
(c) MPS and HPL agree that MPS and HPL each have the right to exercise
direction and control related to the management of safety, risk and labor matters at all
work site locations. Accordingly, MPS shall consult with HPL on such matters, and
HPL shall have the responsibility to consult with MPS on such matters, as required by
MPS; however, MPS shall have the final decision on all such matters, after consultation
with HPL, including but not limited to, the following:
(i) Subject to Paragraph (b) above, hire, fire, discipline and direct all
Leased Employees and regulate and supervise all working conditions and
labor policies;
(ii) establish all wage, benefits, salaries, bonuses and disciµ,linary
procedures; and
(iii) promulgate and administer employment policies.
(d) MPS shall be entitled to install in conspicuous locations, bulletin board(s)
at HPL's work site(s), in order to effectively communicate with the Leased Employees.
HPL shall cooperate with MPS in maintaining the integrity of such bulletin board(s) and
shall, upon request, insert or post information for the Leased Employees as requested or
required by MPS from time to time.
(e) HPL agrees to cooperate fully when required to assist MPS in defending
itself against unemployment compensation claims, workers' compensation claims,
grievances, demands from personnel decisions pertaining to, or the employment of, the
-4-
Leased Employees or otherwise. HPL's cooperation shall include, but not be limited to,
the completion of termination reports and, if requested, attendance at hearings,
depositions or trials as a witness, answering of questions or interrogatories under oath
or otherwise and providing access to, producing or compiling HPL' s documents relating
to the Leased Employees. Further, such obligation shall survive the termination of this ·
Agreement.
(f) Actions of Leased Employees acting as supervisors for HPL which
are in violation of law or which result in liability will be outside the scope of their
responsibility as MPS Leased Employees and in such an event supervisory employees
will be acting solely as the agents of HPL, unless the action is taken in compliance with
MPS policy, procedure, or direction.
(g) HPL and MPS agree that they will take no actions with respect to MPS
employees which could be determined to violate any applicable employment or anti-
discrimination laws.
7. HPL's Responsibilities, Representation, Warranties and Covenants.
(a) Health and Safety Compliance. The parties shall cooperate to assure
compliance with all health, safety, tax, employee benefit and other laws, regulations,
ordinances and rules of controlling Federal, State and local government authorities which
are applicable to the Leased Employees provided, however, MPS shall remain
responsible in the event that HPL acts at the suggestion, direction or instruction of MPS.
HPL shall cooperate and comply with specific directives from MPS, its insurance carriers
or agents, or any governmental agency having jurisdiction over HPL's place of business
or the Leased Employees. HPL shall report all employee accidents and injuries to MPS.
MPS, MPS's workers' compensation insurance carrier and MPS's liability insurance
carriers shall have the right to inspect HPL's place of business at all reasonable times to
insure compliance with this Section and with the terms of this Agreement.
(b) HPL Reporting Requirements. HPL agrees it will provide to MPS at
the end of each pay period records of actual time worked by each Leased Employee and
verify that all hours worked by the Leased Employee that are reported to MPS are
accurate and in accordance with the requirements of the Fair Labor Standards Acts and
other Federal, State or local laws. These records as submitted to MPS shall become the
basis for MPS to issue all payroll checks. MPS shall not be responsible for incorrect,
improper or fraudulent records of hours worked. HPL shall provide MPS with periodic
reports as requested by MPS from time to time on forms established by MPS (the "HPL
Reports"). HPL shall also provide any other information which is reasonably requested
by MPS. HPL represents and warrants that the information provided to MPS in, or in
connection with, this Agreement, the HPL Reports or otherwise shall be complete and
accurate and that MPS may rely upon such information.
-5-
8. Insurance.
(a) MPS shall continue to keep in. effect as comprehensive general liability
insurance on its operations and such coverages as it has generally carried in the past. _
MPS shall cause the insurer to name HPL as an additional insured, and HPL shall
reimburse MPS for the cost of coverage directly attributable to its operations. Should
HPL own or operate vehicles in the course of its operations while this Agreement is in
effect, those vehicles shall carry uninsured motorist coverage with a minimum combined
single limit of Three Hundred Thousand Dollars ($300,000.00) and equivalent personal
injury and property damage coverage, naming MPS as an additional insured.
(b) Survival. All representation and warranties made by HPL herein shall
survive the term of this Agreement. The representations and warranties in this
Section are deemed to be material and MPS enters into this Agreement relying
on those representations and warranties.
9. Indemnification.
(a) HPL hereby agrees to indemnify, defend and hold harmless MPS and any
parent, sub-sidiary or affiliate thereto, and their directors, officers, attorneys, employees
(except the Leased Employees), agents and consultants (collectively, the "Indemnified
MPS Parties", and individually, the "Indemnified MPS Party") from and against all
demands claims, actions or causes of action, assessments, losses, damages, judgments,
arbitration awards, liabilities (whether absolute or accrued, contingent or otherwise),
costs and expenses, including, but not limited to, loss of business goodwill, profits or
other consequential, special or incidental damages, interest, penalties and attorney fees
and expenses asserted (collectively referred to as "Damages") against, imposed upon or
incurred by any Indemnified MPS Party directly or indirectly, by reason of or resulting
from or relating to any of the following:
(i) Breach or misrepresentation by HPL of any term, conpition,
covenant, obligation or warranty made or contained in this Agreement or
in any certificate or other instrument or document furnished or to be
furnished to MPS under this Agreement, including, but not limited to,
failure of HPL to cooperate in the defense of employment claims,
litigation, grievance and arbitration under Section 6(e) herein;
(ii) Litigation, claims or other liability arising out of HPL's services
or arising from the acts, or failures to act, by HPL and or its employees,
agents, former employees or former agents, and/or the Leased Employees,
including, but not limited to, acts or failures to act constituting negligence,
tortious, willful or other misconduct, criminal or dishonest conduct or
other conduct in violation of applicable Federal, State or local law or the
terms and conditions of this Agreement;
-6-
(iii) Litigation or claims arising from any action, or failure to act, by
MPS at the direction of HPL;
(iv) Litigation or claims by the Leased Employees against MPS, other
than litigation or claims arising from MPS's violation of the terms and
conditions of this Agreement or litigation or claims arising from any
action, or failure to act, by HPL at the direction of MPS.
(b) MPS hereby agrees to indemnify, defend and hold harmless HPL and any
parent, subsidiary or affiliate thereof, and their directors, officers, attorneys, employees,
agents, consultants (collectively, the "Indemnified HPL Parties") and individually the
"Indemnified HPL Party") from and against all demands, claims, actions or causes of
actions, assessments, losses, damages, judgments, arbitration awards, liabilities (whether
absolute or accrned, contingent or otherwise), costs and expenses, including but not
limited to, loss of business goodwill, profits or other consequential, special or incidental
damages, interest, and attorneys fees and expenses asserted (collectively referred to as
"Damages") against, imposed upon, or incurred by any Indemnified HPL Party, directly
or indirectly, by reason of, or resulting from or relating to any of the following:
(i) Breach or misrepresentation by MPS of any term,
condition, covenant, obligation or warranty made or contained in this
Agreement;
(ii) Litigation, claims or other liability arising from the acts or failures
to act by MPS and/or its employees, agents, former employees or former
agents (excluding Leased Employees), including but not limited to acts or
failures to act constituting negligence, tortious, willful or other
misconduct, criminal or dishonest conduct or other conduct in violation of
applicable Federal, State, local law, MPS policy, or the terms and
conditions of this Agreement;
(iii) Litigation or claims arising from any action, or failure to 'act by
HPL, at the direction of MPS;
(iv) Litigation or claims by the Leased Employees against HPL
(including those arising under the HPL Employee contracts) arising from
any action, or failure to act, by HPL at the direction of MPS.
10. Termination Due to HPL Breach. HPL shall be in "default" under this
Agreement if:
(a) HPL fails to pay any sum when due pursuant to this Agreement or
maintain the required deposit described in Section 3(a), if a deposit is called for;
-7-
(b) HPL breached, or there is any misrepresentation in any term, condition,
covenant, obligation or warranty made or contained in this Agreement or in any
certificate or other instrument or document furnished by HPL under this Agreement or
otherwise; ·
(c) HPL fails to comply with any directive from MPS or any governmental
authority, including, but not limited to, any directive regarding health, safety, or
personnel decisions, or commits any acts which adversely affect MPS's rights as the
employer of the Leased Employees provided to HPL under this Agreement or otherwise;
(d) MPS reasonably believes that HPL its agents, or its former agents engaged
in serious tortious, willful or other misconduct, criminal or dishonest conduct or conduct
in violation of applicable Federal, State or local law;
(e) Any bankruptcy, receivership or insolvency proceeding is instituted by or
against HPL;
(t) MPS, in its discretion, deems HPL's financial condition or ability to timely
pay MPS invoices to be impaired, whether based on HPL's actual or perceived financial
condition, market factors or other outside factors.
(g) MPS shall provide written notice to HPL as provided in Paragraph 13(t),
should it deem HPL to be in default of this Agreement. HPL shall have ten (10)
business days within which to cure any alleged default prior to MPS taking any further
action to terminate this Agreement.
11. Termination Due to MPS Breach. MPS shall be in default under this Agreement
if:
(a) MPS fails to make any payment to or deposit on behalf of Leased
Employees on a timely basis;
(b) MPS breached, or there is any misrepresentation in any term condition.
covenant, obligation, or warranty made or contained in this Agreement or in any
certificate or other instrument or document furnished by MPS under this Agreement or
otherwise;
(c) MPS fails to comply with any directive from any governmental authority,
including but not limited to any directive regarding health, safety or personnel decisions;
(d) HPL reasonably believes that MPS, or its employees, agents, former
employees or former agents engaged in serious tortious, willful or other misconduct,
criminal or dishonest conduct or conduct in violation of applicable Federal, State or local
law;
-8-
(e) Any bankruptcy, receivership or insolvency proceeding is instituted by or
against MPS; or
(f) HPL, in its discretion, deems MPS's financial condition or ability to render
the agreed upon services impaired, whether based on MPS' s actual or perceived financial ·
condition, market factors or other outside factors.
(g) HPL shall provide written notice to MPS as provided in Paragraph 13(f),
should it deem MPS to be in default of this Agreement. MPS shall have ten (10)
business days within which to cure any alleged default prior to HPL taking any further
action to terminate this Agreement.
12. TRANSFER OF EMPLOYEES. It is anticipated by the parties that the
employees leased under this Agreement shall, at the end of the term of this Agreement, become
employees of HPL. In accordance with that understanding, it is agreed between the parties that:
(a) Ninety (90) days prior to termination, MPS shall give notice or shall
have caused notice to be given to all persons who were MPS employees assigned to the
HPL operations ("the former school library leased employees") that MPS has ceased
operating a public library and that MPS is terminating its employer relationship with all
former school library employees on or before ninety (90) days from the date of notice.
(b) At the expiration of this Agreement by reason of the District Library
receiving funding, HPL shall offer employment to each former MPS library employee
in accordance with the following:
(i) All former MPS library employees shall be offered and given
seniority whh HPL commensurate with their MPS seniority, and credit for
accrued leave, in accordance with the records or labor agreements of MPS
with respect to those employees.
(ii) All former MPS employees assigned to HPL who were participating
in the MSPERS retirement system shall be allowed continued participation
as allowed by Public Act 194 of 1989. Members and beneficiaries of any
pension or retirement system or other benefit established by MPS shall
continue to have their rights, privileges, benefits, obligations and status
with respect to those systems as allowed by law.
(iii) To the extent former MPS employees were not
guaranteed sick leave, health and welfare and pension or retirement pay
based on seniority, HPL shall not be required to provide these benefits
retroactively.
(iv) MPS employees who transfer to a position with HPL shall, by
-9-
reason of such transfer, receive same or similar wages and benefits.
(c) HPL shall indemnify MPS agai:qst any costs or liabilities arising from the
termination by MPS of the former MPS employees, resulting from the cessation
by MPS of its responsibilities to provide public library services or the hiring or
offering to hire such employees by HPL or both.
(d) In the event of failure by either party to perform its obligations under this
section of the Agreement, the other party shall have the power to seek such
remedies as shall be available to it at law or in equity, including actions for
mandamus.
13. Miscellaneous.
(a) Assi1rnment. Neither party can assign this Agreement nor its rights and
duties hereunder nor any interest without prior written consent from the other.
(b) Amendment. None of the terms and provision of this Agreement may be
modified or amended in any way except by an instrument in writing executed by each
party hereto.
(c) Entire Agreement. This Agreement constitutes the entire agreement
between the parties with regard to the subject matter herein. No oral or written
agreements, practice or course of dealing between the parties relating to the subject
matter herein shall supersede this Agreement.
(\I) Waiver. Failure by either party hereto at any time to require performance
by the other party or to claim a breach of any provision or this Agreement will not be ·
construed as a waiver of any subsequent breach nor affect the validity and operation of
this Agreement, nor prejudice either party with regard to any subsequent action."
(e) Forms. HPL shall exclusively utilize the forms provided by MPS on
MPS stationary and letterhead in dealing with the Leased Employees.
(f) Notices. Any notice or other communications required or permitted
hereunder shall be sufficiently given if in writing and delivered personally or sent by
confirmed facsimile transmission, telefax, telecopy or other wire transmission (with
request for assurance of delivery in a manner typical with respect to communications of
the type), overnight air courier (postage prepaid), registered or certified mail (postage
prepaid with return receipt requested) addressed to the party's principal place of business
(attention to the Director of HPL or the Superintendent of MPS) or to such other address
of which the parties may have given notice. Unless otherwise specified herein, notices
shall be deemed received (i) on the date delivered, if delivered personally, by wire
transmission or confirmed facsimile transmission; (ii) on the next business day after
-10-
deposit with an overnight air courier; or (iii) three (3) business days after being sent by
registered or certified mail.
(g) Governing Law. This Agreement shall be interpreted and enforced under
the laws of the State of Michigan. The parties irrevocably consent to the jurisdiction of
the Courts of Michigan to determine all issues which may arise under this Agreement.
(h) Severability. If any one or more of the provisions of this Agreement
should be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained herewith shall not in any way be
affected, impaired or prejudiced thereby.
(i) Force Majeure. Neither party hereto shall be liable to the other for any
loss of business or any other damages caused by an interruption of this Agreement
whereas such interruption is due to war, rebellion or insurrection, an act of God, fire,
government statute, order or regulation prohibiting the performance of this Agreement,
riots, strikes, labor stoppages, lockouts or labor disputes to the extent such occurrences
are not caused by the actions of the party seeking relief under this section, or other
causes beyond the reasonable control of MPS or HPL.
(j) Successors and Assigns. This Agreement shall be binding upon
MPS and HPL and the successors, transferees and assigns of each.
(k) Section Headings, The Section Headings of this Agreement are for the
convenience of the parties orily and in no way alter, modify, amend, limit or restrict
contractual obligation of the parties under this Agreement.
This Agreement has been executed on this _ _ _ day of _________ 2001.
PUBLIC SCHOOLS OF THE CITY
OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ _ _ _ _ _ __
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Its
----------------
-11-
HACKLEY PUBLIC LIBRARY
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Its
----------------
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ _ _ _ _ _ __
H: \64 \MPS\Library\Librnry .Agr
2•05-01
-12-
EXHIBIT B
PRICING FOR WORKERS' COMPENSATION INSURANCE
{Paragraph 4 of Agreement)
>'''•ll
Date: January 29, 2001
To: Honorable Mayor and City Commissioners
From: RicScott ;#{~
RE: Summer Celebration Request
SUMMARY OF REQUEST:
To agree to accept partial payment for services rendered
for the 2001 Summer Celebration.
FINANCIAL IMPACT:
Depends on how the event goes
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
MUSKEGON
( SUMMER
CELEBRATION
January 16, 2001
Ric Scott, Director of Leisure Services
City of Muskegon
PO Box536
Muskegon,MI 49443
Dear Mr. Scott:
The Muskegon Summer Celebration Committees are preparing for the 2001 festival to be
held Thursday, June 28 through Sunday, July 8. We are humbly requesting the following
from City of Muskegon for the 2001 festival:
• Fireworks permits for July 4 and July 8
• Permission for exclusive use of Hackley Park from June 28 through July 8.
• Permission to use picnic tables, garbage cans, fencing, park benches and other city
equipment as necessary at no charge.
• Permission for the exclusive use of Clay Avenue between Third and Sixth Streets,
Western Avenue from Fourth to Seventh Streets, and Fourth, Fifth and Sixth Streets
between Webster and Western and the city parking lot along Western Avenue across
from the LC Walker Arena for Art in the Park/Village Craft Market on July 6, 7, and
8.
• Grant exclusive peddling and selling rights of any article from a stand, stall, vehicle,
pack or basket, or in any other manner, on any of the following streets in the City in
downtown Muskegon during the festival: Webster, Muskegon, Pine, First, Second,
Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Clay, Western, Shoreline Drive
Morris, Terrace, Thayer, Jefferson, and Division.
• That the City notify the Summer Celebration of any request for use of City facilities
during the time of the Summer Celebration before granting permission for its use.
• Permission for the exclusive use of Shoreline Drive from Terrace to Fourth and
Fourth from Shoreline Drive to Webster on Saturday, June 30 from 9:30 a.m. to 1:30
p.m. for the parade route. In addition Clay from Third to Fourth on Saturday, June 30
from 9:00 a.m. to 2:30 p.m. for bus parking and vehicle parking for parade disbanding.
587 West Western Avenue • Muskegon, Michigan 49440
E -\-e Phone (231) 722-6520 • Fax (231) 722-6112
_ ~ www.summercelebration.com
" red.. '/1·1 IOI
(
• Permission for the exclusive use of Western Avenue from Fourth to Seventh Streets
on Saturday, June 30 from 8:00 a.m. until 5:00 p.m. for the Street Fair.
• Permission to use Western Avenue between Seventh and Eighth and the adjacent
grassy area June 30 - July 1 for POSSIBLE vintage motorcycle show.
• We would ask that the past policy of the City providing police, fire, DPW, and Leisure
Servcies staff at no cost to the festival be continued. The Summer Celebration is
prepared, barring a financial disaster, to provide a partial reimbursement to the City for
those costs.
On behalf of the Summer Celebration Committee, I want to thank you and the City for
your continued support of the festival. Without that help it would not enjoy the success it
does. We look forward to working with you again in 2001.
Joe Austin, Executive Director
Cc: Tim Achterhoff, Chairperson, Board of Trustees
Date: January 25, 2001
To: Honorable Mayor,and City Commissioners
From: Ric Scott ,!t,;(?R
1
·
RE: Park Designation Policy
SUMMARY OF REQUEST:
To adopt the attached policy for designating city-owned
land as parkland
FINANCIAL IMPACT:
None, except as land is added to the park system
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
,\ flirmalin · Action
23 1/724-6703
F...\\1722- 12 14
, \ !', !\l'S:-illr
23 1/7 H-6708
F.\ \/726-5 18 1
( ' cllll'll'ry
23 1/72 4-/,78.l
F.-\ \/72/,-% 17
( 'i\'il S l' l' \' iet·
23 1/72 4-/,7 16
f ..\ \ /72 4-Hll5 \\'est Miclllgan's Shorellne City
('krk
23 I /7H- h705
F;\ \/72-1-41 78
Date: January 25 , 2001
S t' l'\'ircs To: Honorable ~Y,Z and City Commissioners
!J 1/724-67 17
F.\ \/72 6-25111
From : Ric Scott ¥ ~
Eug i11 ct·ri11~
23 11724-h 7117 Re: Park Designation Policy
F.\ \ /727-6</11 4
Attached please find a proposed policy for designating
Fi11a11n ·
23 1/72H , 7 1.l
city-owned property as parkland . This policy was
F..\\/7H -/, 7/,X created at the request of the City commission.
Fire D,•pt.
2.l 1/7 H -/, 7</2
At their meeting on Monday , January 22 nd , the Leisure
F.-\ \ /724-/, </85 Services Board recommended approval of the proposed
lnco ml' Ta~
policy. The proposed policy simply provides for anyone
23 I /7 2 4-/, 7711 to nominate a piece of property for inclusion as a park
l'A\1724-6 768
and requires some rational for it's inclusion be a part
Info. S1stl'111s of the nomination process. The Leisure Services Board
231 /72H,74 4
F. \ \/722-4311 I will eventually make a recommendation to the City
l.t·i~un.· S c r \'iet•
Commission for their decision.
23 1/7H -/,7114
FA.\ 1724- 1 I%
Staff recommends approval of the proposed policy.
:\ lall il l,!l' r's Offirc Thank you for your consideration .
2J l /7H -(, 72 4
l'.-\ \/722- 12 14
;\la1 o r's O ffice
23 1/724-6 711 I
F.\ \/722- 121 4
~ righ. \.~ Const.
S l·n ·ict•s
23 1/724-(,7 15
F.-\ .\ /72/,-2511 I
Pla1111ini:/Zo 11int!,
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l'.\\/7 H -6 7 9U
Polil'c Ot.· pl.
2J 11724-/,7511
F.-\ \1722-S 1411
Pu blic \ \'orlis
23 I /7H-4 I 0 0
F.1\1722-4 188
·rn•;1s11 n ·r
2.l l /72 4-6 7211
F A \ 1724-6 768
\\';i tn Billing Dept.
23 11724-6 7 18
F,\ \ /72,J-6 7/,8
\\ a lc r Filtratio n
2.l 1172-1-41 II/,
F.-\ .\ /755-52911
City of Muskegon, 933 T er race Street, P.O. Box 536, Muskegon, MI 49443-0536
PARK DESIGNATION POLICY
2001-17(b}
INTRODUCTION
This policy shall provide the procedure for turning city owned property into
designated park property.
NOMINATION OF PROPERTY
Any person, group, or entity including city staff, the commission, Leisure
Services Board, or other City department may nominate any city owned land
to be included within the city's park system.
Nominations must be in writing and submitted to the Department of Leisure
Services. The nomination must. include a description of the land (including a
property description), the reasons for the nomination, the use of the property,
how the property will be maintained, and the proposed name of the property.
STAFF REVIEVV
Various City Staff shall review the request and will make a recommendation
to the Leisure Services Board.
LEISURE SERVICES BOARD
The Leisure Services Board shall review.the request and make a
recommendation to the City Commission. The recommendation shall include
the board's rational for their decision.
CITY COMMISSION
The City Commission shall have the -final say on the designation of city
owned land as parkland. City staff shall send the Leisure Services
recommendation to the City Commission for their review and decision along
with Staff's recommendation.
Adopted February 13, 2001 ·.
Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedi ct, Nielsen
Nays: None ·
Date: February 6, 2001
To: The Honorable Mayor and City Commissioners
From: City Treasurer
RE: Write-off of Uncollectible Accounts Receivable
SUMMARY OF REQUEST:
Periodically it is necessary to purge from the City's general accounts receivable records items
that are deemed uncollectible. In some cases these items have gone through the entire
collection process without success. In many other cases, further collections efforts may be
made by using an outside collection agency. However, at this time, it is requested that the
City Commission authorize staff to write-off these receivables from the City's books.
FINANCIAL IMPACT:
Reduce the City's accounts receivable by $381,177.81. The impact would be a decrease in
the fund balance/retained earnings of several City funds as follows:
101 General Fund $ 3,804.04
455 Micro Loan Fund 58,807.27
472 CDBG Fund 64,089.99
590 Sewer Fund 7,441.60
591 Water Fund 4,406.94
483 Mod State Rehabilitation Fund 21,973.79
493 Revolving Loan Fund 220,654.18
Total $ 381,177.81
BUDGET ACTION REQUIRED:
For the General, Sewer and Water Funds, there are sufficient funds for bad debt expense
included in the 2000 budget, so no further action is required.
STAFF RECOMMENDATION:
Approval of the 2000 write-offs effective for the fiscal year ended December 31, 2000 for the
various funds as shown above.
COMMITTEE RECOMMENDATION
N/A
2000 WRITE-OFFS
02/05/01
CITY OF MUSKEGON
Miscellaeous General Fund Invoices Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
INVOICE BILLED PROPERTY TYPE OF REASON FOR
INVOICE# DATE NAME ADDRESS CHARGE AMOUNT WRITE-OFF
STATE OF MICHIGAN PROPERTY/
9812120 9/17/99 PRICE CLEANERS 1871 PECK ST LOT MOWING $104.00 PRICE CLEANERS OUT OF BUSINESS
STATE OF MICHIGAN PROPERTY/
9807393 9/25/98 MUSKEGON LAND HOLDINGS VAC ORCHARD LOT MOWING 104.00 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9805754 7/10/98 MUSKEGON LAND HOLDINGS VAC ORCHARD LOT MOWING 80.00 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9808392 12/11/98 MUSKEGON LAND HOLDINGS VAC CATAWBA LOT MOWING 126.00 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9806502 8/28/98 MUSKEGON LAND HOLDINGS VACCATAWBA LOT MOWING 122.00 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9807163 9/11/98 MUSKEGON LAND HOLDINGS VAC E !SABELLA LOT CLEAN UP 158.25 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9806520 8/28/98 MUSKEGON LAND HOLDINGS VAC E !SABELLA LOT MOWING 92.00 MUSKEGON LAND HOLDINGS UNABLE TO LOCATE
STATE OF MICHIGAN PROPERTY/
9807777 10/23/98 ROBERT KEELE 831 MURPHY LOT MOWING 122.00 UNABLE TO LOCATE MR. KEELE
STATE OF MICHIGAN PROPERTY/
9811191 7/30/99 ROBERT KEELE 831 MURPHY LOT MOWING 122.00 UNABLE TO LOCATE MR. KEELE
STATE OF MICHIGAN PROPERTY/
9810335 6/11/99 SAMUEL B JOHNSON VAC HOLT LOT MOWING 122.00 PER COLLECTIONS MR. JOHNSON FILED BANKRUPTCY
STATE OF MICHIGAN PROPERTY/
9811646 8/27/99 SAMUEL B JOHNSON VAC HOLT LOT MOWING 104.00 PER COLLECTIONS MR. JOHNSON FILED BANKRUPTCY
STATE OF MICHIGAN PROPERTY/
9812324 10/15/99 SAMUEL B JOHNSON VAC HOLT LOT MOWING 86.00 PER COLLECTIONS MR. JOHNSON FILED BANKRUPTCY
STATE OF MICHIGAN PROPERTY/
9805842 7/10/98 DONALD J FONTENOT VAC MYRTLE LOT MOWING 113.00 UNABLE TO LOCATE MR. FONTENOT
CITY OF MUSKEGON PROPERTY/
9805779 7/10/98 RUTH DEVILLE 305 WGRAND LOT MOWING 140.00 UNABLE TO LOCATE ONLY ADDRESS WASP O BOX
CITY OF MUSKEGON PROPERTY/
9806409 8/21/98 RUTH DEVILLE VACWGRAND LOT MOWING 94.06 UNABLE TO LOCATE ONLY ADDRESS WAS P O BOX
CITY OF MUSKEGON PROPERTY/
9806838 8/28/98 RUTH DEVILLE VACWGRAND LATE FEES 44.69 UNABLE TO LOCATE ONLY ADDRESS WASP O BOX (LATE CHARGES)
CITY OF MUSKEGON PROPERTY/
9806838 8/28/98 RUTH DEVILLE VACWGRAND LATE FEES 1.40 UNABLE TO LOCATE ONLY ADDRESS WASP O BOX (LATE CHARGES)
STATE OF MICHIGAN PROPERTY/
9807379 9/25/98 DOUGLAS BRUMFIELD 387 E FOREST LOT MOWING 104.00 UNABLE TO LOCATE MR. BRUMFIELD
STATE OF MICHIGAN PROPERTY/
9805716 7/10/98 DOUGLAS BRUMFIELD 387 E FOREST LOT MOWING 86.00 UNABLE TO LOCATE MR. BRUMFIELD
CITY OF MUSKEGON PROPERTY/
9805863 7/10/98 JACQUELINE WEATHERSPOON 518 ADA LOT MOWING 86.00 UNABLE TO LOCATE MS. WEATHERSPOON
CITY OF MUSKEGON PROPERTY/
9806983 8/28/98 JACQUELINE WEATHERSPOON 518 ADA LOT MOWING 0.86 UNABLE TO LOCATE MS. WEATHERSPOON
PREPARED BY
ANGELA VANDERKOOI
Mergo Pagetof2
2000 WRITE-OFFS
02/05/01
CITY OF MUSKEGON
Miscellaeous General Fund Invoices Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
INVOICE BILLED PROPERTY TYPE OF REASON FOR
INVOICE# DATE NAME ADDRESS CHARGE AMOUNT WRITE-OFF
9806274 8/14/98 COMMONPOINT MORTGAGE MISC. FEES 3.00 COLLECTIONS TOO COSTLY TO PERSUE ANY FURTHER
9806201 8/7/98 ROBERT LANGFELDT MISC. FEES 3.00 COLLECTIONS TOO COSTLY TO PERSUE ANY FURTHER
STATE OF MICHIGAN PROPERTY/
9807374 9/25/98 GARY CHAFFEE VAC W SOUTHERN LOT MOWING 104.00 MR. CHAFFEE FILED BANKRUPTCY GG00-04957 LEGAL NEWS 06/28/00
9808300 11/30/98 UC LENDING MISC. FEES 3.00 COLLECTIONS TOO COSTLY TO PERSUE ANY FURTHER
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9805772 7/10/98 TOM PERCY VAC JIRCOH ST LOT MOWING 86.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9806312 8/14/98 TOM PERCY VAC JIRCOH ST LOT MOWING 104.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9807632 10/9/98 TOM PERCY VAC JIRCOH ST LOT MOWING 92.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9810338 6/11/99 TOM PERCY VAC JIRCOH ST LOT MOWING 158.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9811076 7/23/99 TOM PERCY VAC JIRCOH ST LOT CLEAN UP 107.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9811277 8/6/99 TOM PERCY VAC JIRCOH ST LOT MOWING 104.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9812063 9/17/99 TOM PERCY VAC JIRCOH ST LOT MOWING 122.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9812684 11/19/99 TOM PERCY VAC JIRCOH ST LOT CLEAN UP 124.00 MR. PERCY IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9807358 9/25/98 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9810041 5/14/99 M. HELEN JACOBSON VAC WASHINGTON LOT CLEAN UP 174.60 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9811638 8/27/99 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9812334 10/15/99 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9814725 6/2/00 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9815413 7/14/00 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9816681 09/22/00 M. HELEN JACOBSON VAC WASHINGTON LOT MOWING 92.00 MRS. JACOBSON IS DECEASED
PROPERTY IN PROCESS OF REVERTING TO STATE OF MICHIGAN/
9806802 8/28/98 WENDELL JACOBSON VAC WASHINGTON BOARD UP 52.18 MR. JACOBSON IS DECEASED
-
$3,801.04
PREPARED BY:
ANGELA VANDERKOOI
Merge Pago 2 of 2
2000 WRITE OFFS
CDBG REHABILITATION LOANS
FUND DEBTOR PROPERTY ADDRESS CLOSING DATE BALANCE
472 Churchwell, Donnell & Annie 388 Catawba 11/30/79 8,947.16 Property sold at tax sale
472 Dunn, Bruce 770Wood 2/11/80 9,439.68 Property sold at tax sale
472 Holt, Sandy 637 Allen 9/26/83 10,256.20 Bankruptcy
472 Johnson, Thearetta 500 W. Muskegon 9/22/83 388.17 First Mortgage foreclosed
472 Kuypers, Raymond 917 W. Southern 10/28/80 3,886.13 First Mortgage foreclosed
472 Oakes, Paul 1112 Ambrosia 7/5/83 16,439.52 Property sold at tax sale
472 Sharpe, Theresa 197 Washington 12/20/84 2,047.41 Bankruptcy
472 Williams, Carolyn 387 Houston 3/30/84 12,685. 72 Property sold at tax sale
$ 64,089.99
MICRO LOANS
455 Big Mama's Restaurant 3366 Fifth St, Muskegon Hts 10/1/96 4,203.36 Out of business,
455 AutoRExtend 1083 Peck St, Muskegon 4/26/96 8,653.80 Out of business,
455 Bouker Bee and Granny's Place 2705 Peck St, Muskegon 6/24/98 9,826.08 Out of business, no assets & no job
455 De'Elegance of Chicago, Dexter Brown 2628 Ninth St, Muskegon Hts 10/1/97 9,227.52 Out of business,
455 Distinguished Gentlemen 2924 Sanford, Muskegon Hts 6/6/96 9,135.72 Out of business
455 Johns Communication, Christoper L. Johns 1657 S. Getty, Ste 12, Muskegon 1/1/98 9,616.27 Bankruptcy
455 Right Now Fashions 29 East Broadway, Muskegon Hts 3/11/96 8,144.52 Out of business, collected on inventory
$ 58,807.27
TENANT AFFIDAVITS
CITY OF MUSKEGON
Tenant Affidavit Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT NAME SERVICE ADDRESS SEWER WATER TOTAL
304047006 DANELA MATHIOT 1309 C GLENMOOR $3.15 $0.00 $3.15
305001505 DEBRA HOLMAN 2150 D VANDINTHER 103.52 29.06 132.58
305004506 BRANDON BENDERMAN 2110 D VANDINTHER 27.07 10.65 37.72
305005008 CONVERT 2110 C VANDINTHER 2.17 1.70 3.87
305010008 VERONICA TROWBRIDGE 2111 F VANDINTHER 15.00 15.00 30.00
305016506 DEAN TENNISON 2031 C VANDINTHER 19.02 0.00 19.02
305017010 MICHAEL MCGHAN 2031 D VANDINTHER 3.40 2.46 5.86
305018008 KELLY GAUNT 2031 E VANDINTHER 24.07 14.38 38.45
305018506 KAREN GREEN 2031 F VANDINTHER 61.55 0.00 61.55
305024504 ERICA JOURDEN 1228 B WOODCREEK 58.90 0.00 58.90
305030507 NEIL HOGENDYK 1280 D WOODCREEK 3.75 3.75 7.50
305031008 LORI WATSON 1280 C WOODCREEK 43.86 0.00 43.86
305031508 BRADLEY VANDERSTELT 1280 B WOODCREEK 15.48 9.78 25.26
305032503 EVA GONZALEZ 1288 D WOODCREEK 119.93 95.73 215.66
305033508 DANIEL COLE 1288 B WOODCREEK 15.89 0.00 15.89
305035508 KELLY ANDERSON 1300 D WOODCREEK 12.54 8.34 20.88
305035509 BRANDI POE 1300 D WOODCREEK 4.50 7.50 12.00
305036508 HARRYJOURDEN 1300 B WOODCREEK 184.23 57.29 241.52
305012011 HEATHER WILLIAMS 2070 A VANDINTHER 4.92 26.20 31.12
304001508 DONNA YOUNG 1283 A WILLOW 7.68 7.67 15.35
304002003 EARL PENEGA 1283 B WILLOW 17.20 6.35 23.55
304003505 TARA JOHNSON 1325 A WOODCREEK 7.15 7.02 14.17
304003506 TERRY BOSSE 1325 A WOODCREEK 37.30 0.00 37.30
304004508 DARMITA SUTTON 1325 C WOODCREEK 109.91 0.00 109.91
304005006 MICHAEL PRIEST 1325 D WOODCREEK 67.91 0.00 67.91
304005505 HENRY MCMILLAN 1325 E WOODCREEK 35.97 34.07 70.04
304006003 AMANDA SISCHO 1325 F WOODCREEK 8.60 0.00 8.60
304008007 BECKY CALKINS 1379 E WILLOW 103.66 91.16 194.82
304008008 DALE TERRIAN 1379 E WILLOW 6.29 6.28 12.57
304008501 TIMOTHY STEFFENS 1379 D WILLOW 8.86 0.00 8.86
304008601 SANDRA GARDNER 1379 D WILLOW 1.88 1.26 3.14
304012507 STEPHANIE WILSON 1431 C WILLOW 6.04 7.63 13.67
304012508 MONICA ROACH 1431 C WILLOW 17.31 11.60 28.91
304016509 SCOTT KNOCZAL 1530 B WILLOW 22.34 17.84 40.18
304019006 TYRIE JOHNSON 1531 C WILLOW 23.60 15.40 39.00
304022007 STEVEN SIMON 2071 A ROSEWOOD 6.88 0.00 6.88
304023005 JOHN FOSTER JR 1599 B WILLOW 12.33 11.00 23.33
304023006 JASON ERNST 1599 B WILLOW 52.05 32.30 84.35
304025504 SHEILA CUNNINGHAM 2111 B ROSEWOOD 156.09 81.52 237.61
304026009 SHAN DEWALD 2111 A ROSEWOOD 212.20 81.06 293.26
304028504 DAVID WILLCOXSON 2170 B ROSEWOOD 22.00 22.71 44.71
304030002 RUTH DAVIS 1532 B GLENMOOR 30.31 25.97 56.28
304034004 M COLE & M VANDERWALL 1478 F GLENMOOR 30.60 48.45 79.05
304046008 REBECCA OSBORNE 1309 E GLENMOOR 38.29 24.58 62.87
305041508 ROBERT SHEPARD 1370 F WOODCREEK 36.69 0.00 36.69
305042004 TERESA ROBERSON 1370 E WOODCREEK 125.16 65.90 191.06
305045004 LYNDA DEYOUNG 1378 C WOODCREEK 19.92 0.00 19.92
305045510 JAMES & LAURA RAMEAU 1378 B WOODCREEK 43.03 24.00 67.03
305047006 ANGELIA SMITH 1390 E WOODCREEK 38.59 29.21 67.80
305049507 DANNY GLEASON 1385 A WOODCREEK 10.65 8.72 19.37
305049510 LASHAWN PEARSON 1385 A WOODCREEK 0.09 0.00 0.09
305050005 JOHN CLARK & TAMMY FORD 1385 B WOODCREEK 24.05 26.90 50.95
305050504 BRYSTALGREENBURY 1385 C WOODCREEK 35.02 30.75 65.77
Page1013
TENANT AFFIDAVITS
CITY OF MUSKEGON
Tenant Affidavit Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT NAME SERVICE ADDRESS SEWER WATER TOTAL
305050505 ANDREW PAFFHAUSEN 1385 C WOODCREEK 61.13 49.42 110.55
305051008 SCOTT GROENEVELD 1385 D WOODCREEK 7.14 4.82 11.96
305052004 JIMMY HALVERSON 1430 E WOODCREEK 62.29 40.74 103.03
305055006 SHANNATE DRONES 1438 C WOODCREEK 85.88 0.00 85.88
305056005 BARBARA JOHNSON 1438 A WOODCREEK 43.32 26.11 69.43
305057505 PATRICK JUNG 1450 D WOODCREEK 12.12 0.00 12.12
305058006 VIRGINIA PHILLIPS 1450 C WOODCREEK 6.94 0.00 6.94
305058007 KELLY MILLER 1450 C WOODCREEK 3.69 0.00 3.69
305059003 DESIREE DEMPSEY 1450 A WOODCREEK 118.80 101.51 220.31
305059506 TRACY LE ROUX 1445 A WOODCREEK 14.73 10.98 25.71
305062507 DARIUS PALMER 1500 D WOODCREEK 42.60 29.08 71.68
305062508 ERIC MOSLEY 1500 D WOODCREEK 9.53 28.11 37.64
305063007 CONSTANCE NASH 1500 C WOODCREEK 91.89 3.26 95.15
305063503 DAN DECKER 1500 B WOODCREEK 66.55 78.45 145.00
305064505 CHEVELLA OLIVIAR 1508 A WOODCREEK 9.53 2.48 12.01
305065007 ANGELA FOX 1508 C WOODCREEK 61.26 49.07 110.33
305065008 MELANIE CABAUGH 1508 C WOODCREEK 19.41 17.29 36.70
305065508 ALICE COOPER 1508 B WOODCREEK 1.47 0.89 2.36
305066004 HEATHER REYES 1508 D WOODCREEK 24.99 20.07 45.06
305067007 BERNADETTE HOLMES 1520 E WOODCREEK 8.85 0.00 8.85
305068508 LAKHBIE SINGH 1520 B WOODCREEK 83.17 16.52 99.69
305069505 BRIAN DRAKE 1515 A WOODCREEK 62.21 36.46 98.67
305070506 DUANE KEITH 1515 C WOODCREEK 1.27 1.20 2.47
305073506 STEPHANIE STAFFORD 1560 C WOODCREEK 43.12 0.00 43.12
305073508 PASSION LYONS 1560 C WOODCREEK 8.84 6.28 15.12
305074004 RHONDA DOZIER 1560 B WOODCREEK 68.01 43.91 111.92
305075503 ELLIS SHEVALLA 1568 C WOODCREEK 2.43 0.00 2.43
305077006 TERRI DARRINGTON 1580 F WOODCREEK 2.11 2.11 4.22
305077506 ROMAN WIGGINS 1580 E WOODCREEK 17.72 12.73 30.45
305078510 GARY WORKMAN 1580 C WOODCREEK 52.26 0.00 52.26
305078513 ERICA WESTON 1580 C WOODCREEK 4.27 0.00 4.27
305078707 KARA HUDSON 1580 B WOODCREEK 22.41 2.00 24.41
305081007 NICHOLE SCHOREJS 1575 D WOODCREEK 25.23 17.20 42.43
305082506 RHEANNON BISSARD 1620 D WOODCREEK 34.84 26.46 61.30
305083506 RENEA ORTIZ 1620 B WOODCREEK 8.01 7.50 15.51
305084506 WILLIAM ANDREWS 1628 D WOODCREEK 45.35 26.63 71.98
305085506 KIMBERLY CORY 1628 B WOODCREEK 85.37 0.00 85.37
305086004 STEPHANIE JACKEL 1628 A WOODCREEK 41.24 0.00 41.24
305086505 HEATHER RUSIN 1640 F WOODCREEK 31.85 0.00 31.85
305087007 DANIEL DALIMONTE 1640 E WOODCREEK 3.91 0.00 3.91
305087510 KENTRELL WHITE 1640 D WOODCREEK 50.84 0.00 50.84
305088004 KRISTIN GOODIN 1640 C WOODCREEK 24.44 16.99 41.43
305089008 SCOTT HUMPHREYS 1640 A WOODCREEK 4.50 7.50 12.00
305089010 HACKLEY GLEN 1640 A WOODCREEK 7.50 7.50 15.00
305090510 JOHN VOORHIES 1635 C WOODCREEK 210.74 59.58 270.32
305092506 DEBBIE YORDY 1680 D WOODCREEK 4.79 2.88 7.67
305093506 KIMBERLY GLENN 1680 B WOODCREEK 3.00 5.00 8.00
305094508 GINA SENECAL 1688 D WOODCREEK 14.66 10.05 24.71
305096007 ELOISA MELGOZA 1688 A WOODCREEK 278.91 186.20 465.11
305096506 CHRISTOPHER MARTIN 1700 F WOODCREEK 39.24 0.00 39.24
305097008 YOLANDA SELMMON 1700 E WOODCREEK 35.51 32.24 67.75
305100003 TRACY CUNNINGHAM 2030 B ROSEWOOD 103.92 14.70 118.62
305102508 CHARMEL WILLIAMS 2031 F ROSEWOOD 6.54 4.97 11.51
Page 2 ol 3
TENANT AFFIDAVITS
CITY OF MUSKEGON
Tenant Affidavit Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT NAME SERVICE ADDRESS SEWER WATER TOTAL
305102509 ROBERT BROWN 2031 F ROSEWOOD 25.78 15.94 41.72
305104506 BRANDY SMITH 2031 B ROSEWOOD 0.55 0.00 0.55
202176002 JAMES SMITH JR 392 YUBA 116.22 92.86 209.08
102055006 LUIS SEGOVIA 448 MARSHALL 192.03 28.10 220.13
102055104 DUWANDA WICKLIFFE 448 MARSHALL 41.83 31.89 73.72
109172602 SYRIA CARDY 867 SCOTT 29.65 19.21 48.86
207260104 DOROTHY CALVIN 1230 SPRING 60.56 0.00 60.56
208305001 JEANETTE DARNELL 1323 PINE 25.00 0.00 25.00
215047605 SHANITA THOMAS 1163 FOURTH 258.61 128.32 386.93
220157505 JUANITA SMITH 1698 HOYT 53.03 40.68 93.71
220157506 SHANDALISA BROOKS 1698 HOYT 65.02 25.26 90.28
220157509 JACQUELINE LAYTON 1698 HOYT 7.83 4.84 12.67
221125009 LARESA LANGSTON 1527 TERRACE DWN 207.22 39.98 247.20
221125506 ANNETTE FARKAS 1527 TERRACE UP 144.21 116.39 260.60
109362606 KATINA SHERRILLS 503ORCHARD 0.00 18.16 18.16
109385006 DEBORAH BRIDGES 531 ORCHARD 23.80 20.65 44.45
109385007 DEREK KROLL 531 ORCHARD 12.70 9.70 22.40
101117704 MUSKEGON HOUSING 434 LEONARD 12.12 11.67 22.29
105000006 MUSKEGON HOUSING 531 GETTY 7.54 7.09 14.63
125224802 RUBY HUGHES 1652 MCILWRAITH 175.80 81.50 257.30
202176003 TRACY CUNNINGHAM 392 YUBA 18.40 12.06 30.46
202176004 MUSKEGON HOUSING 392YUBA 19.11 17.76 36.87
202208002 MUSKEGON HOUSING 338 YUBA 17.92 17.92 35.84
203097503 MICHAEL GORDON 349JACKSON 30.00 24.81 54.81
203201002 MICHAEL SANDERS 359JACKSON 124.46 60.97 185.43
203201003 HOUSING COMMISSION 359 JACKSON 15.75 15.75 31.50
203213203 TARA WINTERS 495 OCTAVIUS 58.95 36.31 95.26
203213204 MUSKEGON HOUSING 495 OCTAVIUS 45.55 45.28 90.83
203278501 DENISE BOWIE 326SUMNER 215.56 62.56 278.12
203293002 VANESSA WRIGHT 385 SUMNER 118.17 69.72 187.89
204422606 KESHA DAVIS 301 ORCHARD 26.32 16.76 43.08
101010101 MUSKEGON HOUSING 429ADAMS 0.30 0.50 0.80
$6,428.92 $3,082.72 $9,510.14
Page 3 of3
WRITE_OFF _FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
401169502 960 QUARTERLINE $0.00 $0.00 $18.00 $18.00
401268002 1448 QUARTERLINE 0.00 0.00 18.00 18.00
402198001 1353 WEST 0.00 0.00 2.55 2.55
403416601 1185 EAST 0.00 0.00 8.50 8.50
403466001 889 SIDELL 0.00 0.00 18.00 18.00
403708101 1239 S SHERIDAN 0.00 0.00 8.50 8.50
403883003 2596WESLEY 0.00 0.00 20.50 20.50
404025005 1935 BARBARA 0.00 0.00 13.45 13.45
404706001 1865 BURTON 0.00 0.00 15.85 15.85
404800102 1880 BURTON 0.00 0.00 2.55 2.55
405123501 2043 WESLEY 0.00 0.00 22.55 22.55
405144601 2377 JAMES 0.00 0.00 19.80 19.80
405360102 2025 WESLEY 0.00 0.00 1.55 1.55
405759101 2289 ORCHARD 0.00 0.00 3.00 3.00
406019203 2336 MADALENE 0.00 0.00 4.05 4.05
406255001 1479 APPLE 0.00 0.00 19.04 19.04
406426601 18241SABELLA 0.00 0.00 8.13 8.13
406455502 1972 !SABELLA 0.00 0.00 20.50 20.50
406505501 1725 CATHERINE 0.00 0.00 13.57 13.57
406520501 1660 CATHERINE 0.00 0.00 8.50 8.50
406671601 1971 MCLAUGHLIN 0.00 0.00 3.75 3.75
407075005 1880 FRANCIS 0.00 0.00 1.08 1.08
408912001 2087 THERESA 0.00 0.00 3.42 3.42
408962002 1864 ROUSE 0.00 0.00 21.93 21.93
101143001 472 LEONARD 0.00 6.79 0.00 6.79
101175002 532 LEONARD DEMO 0.00 8.00 6.40 14.40
102137604 539 ALVA 0.00 1.83 18.30 20.13
102225106 664JACKSON 0.00 4.50 8.70 13.20
102235004 681 JACKSON 0.00 0.00 1.20 1.20
102282501 498 MULDER 0.00 0.00 1.47 1.47
102410001 625 GLEN 0.00 5.19 3.84 9.03
102477502 713 MARCOUX 0.00 5.68 4.11 9.79
102490001 735 MARCOUX 0.00 7.01 9.57 16.58
104003501 27 S GETTY 0.00 1.61 17.34 18.95
104005001 157 GETTY 0.00 0.00 2.25 2.25
104402501 1356 DUCEY 0.00 5.00 5.00 10.00
104447603 482 KRAFT 0.00 2.88 2.12 5.00
105000002 531 GETTY 0.00 0.00 7.34 7.34
105108001 1220 ALBERT 0.00 0.00 0.37 0.37
105142402 1341 ALBERT 0.00 12.70 0.94 13.64
105152001 519 CRESTON 0.00 5.97 8.91 14.88
106060701 548 MARLANE LAWN 0.00 0.00 7.50 7.50
106100002 1483 APPLE BAD ACCT 0.00 0.00 17.81 17.81
107052603 1232 WESLEY 0.00 2.50 2.50 5.00
107105103 609 SCHOOL 0.00 5.00 5.00 10.00
107220601 1273 LAWRENCE 0.00 1.09 0.70 1.79
107221203 1387 LAWRENCE 0.00 2.50 2.50 5.00
108017501 862 GETTY 0.00 5.00 5.00 10.00
108075102 896OAK 0.00 2.50 2.50 5.00
108172601 819 AMITY 0.00 1.66 1.53 3.19
108235006 982AMITY 0.00 1.04 0.68 1.72
108240001 1018 AMITY 0.00 2.50 2.50 5.00
107167001 1346 MARCOUX 0.00 9.78 13.10 22.88
Page1ol6
WRITE_OFF _FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
109002501 423 WHITE 0.00 0.93 0.73 1.66
109025001 462 WHITE 0.00 5.70 7.50 13.20
109045101 514 WHITE 0.00 3.00 5.00 8.00
109092602 461 OAK 0.00 1.59 2.41 4.00
109317504 418 ORCHARD 0.00 3.74 3.07 6.81
109500003 719 ORCHARD 0.00 5.30 4.70 10.00
109505007 725 ORCHARD 0.00 2.17 1.27 3.44
110085002 539 ALLEN 0.00 2.83 0.00 2.83
110390102 668AMITY 0.00 5.00 5.00 10.00
110390103 668AMITY 0.00 7.50 2.50 10.00
110397601 678AMITY 0.00 5.00 5.00 10.00
111002501 810 ALLEN 0.00 5.55 4.18 9.73
111025001 860 ALLEN 0.00 1.50 2.50 4.00
111375001 1081 GREEN 0.00 5.00 5.00 10.00
111405001 1057 ROBERTS 0.00 2.50 2.50 5.00
112120101 643 APPLE 0.00 3.21 2.68 5.89
112122504 646 APPLE 0.00 0.39 0.56 0.95
112192501 451 ADA 0.00 1.50 2.50 4.00
112222604 1094 WILLIAMS 0.00 0.67 0.67 1.34
112262502 1084 MAPLE 0.00 2.50 2.50 5.00
112297502 1022 KENNETH 0.00 0.00 5.07 5.07
113010001 438 E !SABELLA 0.00 6.02 5.44 11.46
113327502 1112 MAPLE 0.00 4.87 6.20 11.07
113370004 653 CATHERINE 0.00 5.08 3.88 8.96
113380001 1164 KENNETH 0.00 8.03 6.70 14.73
114020004 1090 GETTY 0.00 0.47 4.50 4.97
114020006 1090 GETTY 3.00 0.75 0.75 4.50
114365001 1090 E ISABELLA 0.00 4.29 3.84 8.13
109137501 502 OAK 0.00 4.50 7.50 12.00
115130001 1038 MCLAUGHLIN 0.00 4.95 8.25 13.20
115212502 1121 ROBERTS 0.00 0.00 7.00 7.00
115261501 1176 BURTON 0.00 3.93 5.60 9.53
115265001 1190 BURTON 0.00 8.66 12.32 20.98
117045001 1172 FRANCIS 0.00 3.00 5.00 8.00
117112201 1381 FRANCIS 0.00 4.56 1.00 5.56
117299702 1224 HOWARD 0.00 6.79 0.00 6.79
118020001 449 MCLAUGHLIN 0.00 5.22 4.78 10.00
118025006 457 MCLAUGHLIN 0.00 3.62 3.10 6.72
118150101 757 MCLAUGHLIN 0.00 3.00 5.00 8.00
118190103 682 EVANSTON 0.00 5.00 5.00 10.00
118212501 722 EVANSTON 0.00 5.87 6.82 12.69
118232602 762 EVANSTON 0.00 14.00 9.00 23.00
118267502 646 HILL 0.00 0.81 0.00 0.81
118300001 701 HILL 0.00 3.36 1.80 5.16
118365001 776 HILL 0.00 4.74 3.70 8.44
119017502 450CATAWBA 0.00 9.05 10.89 19.94
119105102 550CATAWBA 0.00 5.00 5.00 10.00
119277502 775 LOUIS 0.00 3.37 2.24 5.61
119340002 1674 GETTY 0.00 4.95 11.28 16.23
120445002 1492 WINTERS 0.00 1.50 2.50 4.00
121035103 901 FLEMING 0.00 2.85 2.12 4.97
121055001 925 FLEMING 0.00 1.87 1.20 3.07
121205001 1275 FLEMING 0.00 0.08 0.08 0.16
Page 2 016
WRITE_OFF_FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
121250004 889 EMERSON 0.00 2.50 2.50 5.00
121465001 1228 EMERSON 0.00 2.43 3.10 5.53
122257502 853 E DALE 0.00 8.81 8.43 17.24
122407601 1120 E DALE 0.00 5.00 5.00 10.00
123160104 1719 HUIZENGA 0.00 7.50 3.70 11.20
124107501 1682 SUPERIOR 0.00 5.00 5.00 10.00
124115002 1692 SUPERIOR 0.00 7.56 8.22 15.78
124295004 1774 ELWOOD 0.00 4.74 3.75 8.49
124365301 16941 DYSON 0.00 3.76 3.40 7.16
125040001 1613 MANZ 0.00 3.30 5.50 8.80
125107604 1710 MANZ 0.00 3.45 3.00 6.45
125182501 533 E FOREST 0.00 3.37 3.70 7.07
125207504 1622 MCILWRAITH 0.00 1.69 1.50 3.19
125207505 1622 MCILWRAITH 0.00 4.50 7.50 12.00
125267503 1693 MCILWRAITH 0.00 5.12 4.67 9.79
125420101 1779 JARMAN 0.00 8.44 8.80 17.24
126015003 1844 MANZ 0.00 5.00 0.00 5.00
126105001 1969 MANZ 0.00 5.43 9.30 14.73
126307502 1974 JARMAN 0.00 4.74 3.70 8.44
126345003 1861 DYSON 0.00 0.07 0.04 0.11
127115003 1880 SUPERIOR 0.00 3.41 2.51 5.92
127077501 1813 SUPERIOR 0.00 1.15 1.22 2.37
127242501 1926 RAY 0.00 4.32 6.16 10.48
127330001 1882 GETTY 0.00 2.18 4.01 6.19
128196001 1925 VALLEY 0.00 1.64 1.43 3.07
199204001 1770 KEATING 0.00 0.00 13.95 13.95
127325001 1876 GETTY 0.00 10.11 9.11 19.22
202262501 368 CROSS 0.00 0.00 5.25 5.25
204092502 207 E WALTON 0.00 5.98 0.00 5.98
204187502 316EWALTON 0.00 9.50 12.50 22.00
204212502 206 MYRTLE 0.00 6.15 9.45 15.60
205190101 305AMITY 0.00 10.70 12.50 23.20
205222502 929 FORK 0.00 5.00 5.00 10.00
205380101 269 ALLEN 0.00 3.11 2.29 5.40
207325102 1293 SPRING 0.00 6.90 7.50 14.40
207397503 1352 SPRING 0.00 4.74 3.70 8.44
207400001 1355 SPRING 0.00 5.00 5.00 10.00
208297502 1310 PINE 0.00 5.26 2.63 7.89
209017601 1338 ARTHUR 0.00 2.50 2.50 5.00
209165101 1275 RANSOM 0.00 0.00 10.00 10.00
209307502 147 CATHERINE 0.00 5.00 5.00 10.00
209317502 158 CATHERINE 0.00 5.00 5.00 10.00
209345002 186 MCLAUGHLIN 0.00 5.75 5.39 11.14
209345003 186 MCLAUGHLIN 0.00 5.75 5.39 11.14
214305001 203 HAMILTON 0.00 2.50 2.50 5.00
209462602 1305 TERRACE 0.00 5.00 5.00 10.00
215025501 318 HOUSTON 0.00 0.00 2.50 2.50
215130003 1220 FOURTH 0.00 10.31 8.31 18.62
215137501 201 MERRILL 0.00 2.32 1.95 4.27
215250002 231 MASON 0.00 6.90 7.50 14.40
215337603 1326 FOURTH 0.00 3.75 0.00 3.75
215442501 1270 FIFTH 0.00 2.50 2.50 5.00
215443002 1274 FIFTH 0.00 2.50 2.50 5.00
Page3ol6
WRITE_OFF _FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
215457602 1297 FIFTH 0.00 2.24 1.20 3.44
216431001 127 W HOLBROOK 0.00 0.00 0.52 0.52
217160103 1232 SANFORD 0.00 2.50 2.50 5.00
217212501 1316 SANFORD 0.00 4.67 4.67 9.34
217267501 1452 SANFORD 0.00 0.00 0.33 0.33
217287602 1522 SANFORD 0.00 5.00 5.00 10.00
217322601 1596 SANFORD 0.00 5.70 7.50 13.20
217322602 1596 SANFORD 0.00 3.62 3.10 6.72
217337502 35WFOREST 0.00 3.36 2.01 5.37
217347502 1632 SANFORD 0.00 2.60 2.13 4.73
217441003 1872 SANFORD 0.00 0.02 0.00 0.02
218030001 1083 PECK 0.00 1.90 2.50 4.40
218090001 1222 PECK 0.00 5.00 5.00 10.00
218320103 1705 PECK 0.00 4.74 3.79 8.53
220090003 1564 HOYT 0.00 3.62 3.17 6.79
220240105 1915 HOYT 0.00 3.14 2.39 5.53
220292601 159 E LAKETON 0.00 0.44 0.76 1.20
221082501 1489 TERRACE 0.00 5.00 5.00 10.00
221240002 1685 TERRACE 0.00 10.10 9.30 19.40
221340001 1858 TERRACE 0.00 10.46 0.83 11.29
221367501 1907 TERRACE 0.00 2.50 2.50 5.00
221397501 1957 TERRACE 0.00 0.48 0.72 1.20
221030002 286 IRWIN 0.00 4.50 7.50 12.00
222107602 326 E DALE 0.00 0.15 0.07 0.22
222295004 1708 PINE 0.00 2.67 2.55 5.22
223075103 1707WOOD 0.00 1.66 0.00 1.66
223155002 1864WOOD 0.00 10.26 8.29 18.55
224020003 221 WASHINGTON 0.00 5.00 5.00 10.00
224075003 1480 SIXTH 0.00 10.26 0.00 10.26
224105004 250WGRAND 0.00 10.39 7.61 18.00
224187504 1576 SIXTH 0.00 1.25 1.42 2.67
224215001 215 W FOREST 0.00 7.10 6.10 13.20
224222502 222 W FOREST 0.00 1.79 0.00 1.79
224285002 238WDALE 0.00 2.50 2.50 5.00
225090102 1472 SEVENTH 0.00 0.44 0.76 1.20
225252503 340 W FOREST 0.00 0.47 0.33 0.80
225325102 408WDALE 0.00 1.93 1.72 3.65
226170002 388 HOUSTON 0.00 5.00 0.00 5.00
227185002 484 W MUSKEGON 0.00 5.57 3.97 9.54
227352603 398 MONROW 0.00 9.18 0.16 9.34
227475002 345 MASON 0.00 0.54 0.81 1.35
228032601 1442 PARK 0.00 0.52 0.68 1.20
228055001 1478 PARK 0.00 1.12 0.60 1.72
228095001 1583 PARK 0.00 8.60 8.60 17.20
228220004 517W GRAND 0.00 5.00 5.00 10.00
307167602 827 W SOUTHERN 0.00 9.72 0.00 9.72
307235001 775 W FOREST 0.00 6.26 0.00 6.26
307247602 809 W FOREST 0.00 0.33 0.00 0.33
307517501 1593 HENRY 0.00 0.91 0.86 1.77
308255001 976 W FOREST 0.00 3.00 5.00 8.00
308300002 878 IRELAND 0.00 0.37 0.00 0.37
308322502 921 IRELAND 0.00 8.53 0.00 8.53
308440001 1721 HUDSON 0.00 2.67 1.85 4.52
Paga4ol6
WRITE_OFF_FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
309127502 991 WASHINGTON 0.00 1.45 0.34 1.79
309140102 1012 WASHINGTON 0.00 4.50 7.50 12.00
310122601 1159 W GRAND 0.00 8.96 7.30 16.26
310195003 1045 W FOREST 0.00 5.00 5.00 10.00
311257501 1230 W LAKETON 0.00 5.00 0.00 5.00
311320006 1261 W DALE 0.00 3.00 5.00 8.00
311332506 1290 W DALE 0.00 1.79 0.00 1.79
311355001 1634 RUDDIMAN 0.00 3.36 2.63 5.99
312165101 1428 LAKESHORE 0.00 10.46 9.80 20.26
312365101 1414 PALMER 0.00 12.54 6.77 19.31
314105001 1724 RANDOLPH 0.00 0.00 3.17 3.17
314145001 1648 WINCHESTER 0.00 12.33 11.00 23.33
314237505 1705 MONTAGUE 0.00 5.24 6.76 12.00
315207604 2177 BOURDON 0.00 0.01 0.00 0.01
315375001 2176 ESTES 0.00 0.37 0.00 0.37
315422501 2265 ESTES 0.00 7.30 15.10 22.40
316310002 2208 TORRENT 0.00 3.62 3.10 6.72
317255005 2117 MINER 0.00 10.02 9.05 19.07
317257601 2112 MINER-LAWN 0.00 0.00 2.50 2.50
317257701 2112 MINER-GARAGE 0.00 0.00 3.84 3.84
317260103 2123 MINER 0.00 3.80 0.00 3.80
317267504 2140 MINER 0.00 5.74 0.00 5.74
317357601 1971 HARDING 0.00 1.50 2.50 4.00
317421001 2430 GREENWOOD 0.00 2.76 5.65 8.41
318005003 2563 DENMARK 0.00 0.00 8.60 8.60
318060002 1884 CROZIER 0.00 4.30 4.30 8.60
318217502 1954 PHILO 0.00 6.71 0.00 6.71
318312501 1880 LETART 0.00 5.00 5.00 10.00
318317504 1933 LETART 0.00 5.00 5.00 10.00
318390001 2117 LETART 0.00 10.25 11.86 22.11
319035003 2417 W SHERMAN 0.00 4.51 4.33 8.84
319116508 2525 LETART 0.00 2.50 2.50 5.00
319190103 2489 LINCOLN 0.00 1.50 2.50 4.00
319315102 2426 CUTLER 0.00 2.43 3.10 5.53
320050001 2567 MORTON 0.00 5.97 8.91 14.88
320297603 2224 CROZIER 0.00 2.03 0.00 2.03
320312501 2284 CROZIER 0.00 4.54 3.80 8.34
321060003 2207 CLIFFORD 0.00 4.74 3.75 8.49
321457501 2183 MORTON 0.00 8.10 0.85 8.95
322212601 1853 CHERRY 0.00 8.03 6.70 14.73
323002603 1554 E HARBOUR TOWI 0.00 3.37 3.70 7.07
323010301 3370 FULTON 0.00 3.75 9.50 13.25
323122901 1682 BEACH 0.00 0.56 0.00 0.56
323210001 1804 EDGEWATER 0.00 4.39 4.51 8.90
324220002 3081 F Al RLAWN 0.00 10.56 6.33 16.89
324411002 3120 BEACH 0.00 6.74 0.00 6.74
325026102 2452 WICKHAM 0.00 3.80 0.00 3.80
325147301 1432 RANDOLPH 0.00 3.92 0.00 3.92
325197604 1365 WINCHESTER 0.00 1.20 1.23 2.43
325215801 1405 WINCHESTER 0.00 1.50 2.50 4.00
325267902 1481 MONTAGUE 0.00 11 .11 12.21 23.32
325272001 1511 MONTAGUE 0.00 0.08 0.08 0.16
326029001 2476 GLENSIDE 0.00 1.50 2.50 4.00
Paga 5 of 6
WRITE_OFF _FOR_2000
CITY OF MUSKEGON
Small Balance Water/Sewer Accounts Proposed to be Written-Off
As of Fiscal Year Ended December 31, 2000
ACCOUNT SERVICE ADDRESS SANITATION SEWER WATER TOTAL
327057606 1923 DOWD 0.00 2.50 2.50 5.00
327129002 878W BARNEY 0.00 1.79 0.00 1.79
328029901 2344 VINCENT 0.00 0.11 0.09 0.20
328035501 716 HANCOCK-LAWN 0.00 0.00 10.25 10.25
328042103 692WILSON 0.00 5.00 5.00 10.00
329016001 951 W LAKETON 0.00 2.50 2.50 5.00
330005002 2018 WAALKES 0.00 7.50 2.50 10.00
388009001 1470 WOOD 0.00 0.00 22.77 22.77
330072801 2104 HENRY 0.00 7.82 6.70 14.52
$3.00 $1,012.68 $1,324.22 $2,339.90
Paga6of6
laru,ofjiasof j PARMENTER O'TOOLE
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443--0786
Phone 231.722.1621 • Fax 231.722.7866 or 728.2206
January 29, 2001
Timothy Paul
Finance Director
City of Muskegon
P.O. Box 536
Muskegon,MI 49443-0536
Re: City of Muskegon v Twin Lake Construction
Dear Mr. Paul:
On December 15, 2000, a default judgment in favor of the City was entered against Twin Lake
Construction Company in the amount of$21,973.79. Back in July 2000, I had conducted a
prejudgment creditor's examination of Twin Lake Construction through its principal owner, Bill
Grimm. At the time, Twin Lake Construction showed every sign of being uncollectible. My
opinion is unchanged regarding collectibility, particularly because I have since become aware of
other creditors who unsuccessfully are pursuing Twin Lake and Mr. Grimm. I do not foresee this
judgment being satisfied anytime in the near future, if ever.
If you have any questions or concerns, please do not hesitate to contact me.
r~
Sincerely,
James R. Scheuerle
Direct Telephone: 231. 722.5418
Direct Fax: 231. 728.2206
JRS@Parmenterlaw.com
c: Bryon Mazade
G. Thomas Johnson John C. Schrier James R. Scheuerle Of Co1111sel Retired Poul T. Sorenson, 1920-1966
George D. Von Epps Christopher L Kelly Keith L. McEvoy Thomas J. O'Toole Robert L Forsythe George A Parmenter, 1903-1993
John M. Briggs, Ill Lindo S. Koore Anna K Urick Eric J. Fouri Arthur M. Rude Cyrus M. Poppen, 1903-1996
Michael L. Rolf Philip M. Staffon Scott R. Sewick Harold M. Street, 1912-2000
George W. Johnson William J. Meier Jennifer L Hyllond
W. Brad Groom Jeffery A. Jacobson
G:\EDSI\FILES\00100\1614\lTR\9B1690.DOC
/aru,offimof I PARMENTER O'TOOLE
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443•0786
Phone 231.722.1621 • Fox 231.722.7866or728.2206
February 6, 2001
Timothy Paul
Finance Director
City of Muskegon
P.O. Box 536
Muskegon,MI 49443-0536
Re: City of Muskegon v Steelcoating, Inc., Malcolm Hitchcock, and Richard Anderson
Dear Mr. Paul:
You have requested an update of the status on the above-referenced matter. As you may recall,
the City of Muskegon took a money judgment as against all three defendants on September 18,
1998 in the amount of$229,171.16. Since that date, interest has been accruing at 12% interest
per annum, or approximately $.7534 per day.
Collection activity has been as follows:
I. Steelcoating, Inc.
By the time we commenced suit, Steelcoating had gone out of business. While the City
of Muskegon had a lien on the inventory, equipment and accounts of Steelcoating, there
were no accounts receivable available to the City and it would have cost more to deal
with environmental issues and relocate sell the remaining assets than would have been
realized by a sale. As such, the city did not attempt to exercise its right on any of the
properties owned by Steelcoating.
2. Richard Anderson
Mr. Anderson filed for Chapter 7 protection under the United States Bankruptcy Code.
His liabilities exceeded assets by nearly 4 to 1 and secured creditors had encumbered the
only assets worth pursuing. Specifically, a 1997 32-foot Maxum boat worth $70,000 had
liens totaling $81,000 and a 1994 Rambler 34-foot motor home worth $30,000 had liens
totaling $33,000. Mr. Anderson, at that point in time, had relocated to Mesa, Arizona and
was employed as a recreational vehicle salesman. Given the Chapter 7 bankruptcy, Mr.
Anderson is relieved of this debt.
G. Thomas Johnson John C. Schrier Keith L. McEvoy OJC0111JSel Retired Poul T. Sorenson, 1920-1966
George D. Von Epps Christopher L. Kelly Anna K. Urick Thomas J. O'Toole Robert l. Forsythe George A Parmenter, 1903-1993
John M. Briggs, ll! Linda S. Kaore Scott R. Sewick Eric J. fouri Arthur M. Rude Cyrus M. Poppen, 1903-1996
Michael l. Rolf Philip M. Staffon Jennifer L. Hyllond Harold M. Street, 1912-2000
George W. Johnson William J. Meier Jeffery A. Jacobson
W. Brod Groom Jomes R. Scheuerle
G:\EDSI\FJLES\00100\1441\LTR\9B9925.DOC
3. Malcolm Hitchcock
In November of 1998 a creditors' exam was held as to Mr. Hitchcock. At that time, the
only assets he owned, which were not exempt from garnishment was:
a. A partnership interest in a real estate partnership in Florida. The estimated
value was $17,000;
b. Two bank accounts with balances of a few hundred dollars; and
c. A 1987 Cadillac.
Most of Mr. Hitchcock's assets were either held jointly with his wife, i.e. the marital
residence, and thus exempt from collection or held in an IRA, which is exempt from
garnishment under Michigan law. Substantial discussion occmTed with Mr. Hitchcock's
attorney during the Summer and early Fall of 1999 trying reach an agreement as to a
single payment from Mr. Hitchcock. The parties were never able to reach an agreement.
While we can undertake another creditors' exam as to Mr. Hitchcock, I suspect that it
would be fruitless. If you wish us to undertake that creditors' examination, I recommend
that we do it during late Summer or early Fall and file a garnishment on his state tax
refund.
Any action as to Mr. Hitchcock can be taken, regardless of whether the city writes off the debt. I
would not expect the city to recover any substantial monies from Mr. Hitchcock. We may
receive a nominal payment, essentially a nuisance value settlement.
If you have any further questions or concerns, please feel free to contact me.
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
G:IEDSI\FILES\00100\1441\LTR\9B9925.DOC
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Proposals for
Engineering Services on Lakefront Development
SUMMARY OF REQUEST:
To award a contract to Fleis & Vandenbrink Engineering Inc. out of Grand Rapids for the
design and construction engineering of the public infrastructure to be constructed as part
of the Lakefront Development at a cost of $104,516.84. Furthermore, it is requested that
the approval, if granted, be contingent upon the developer entering into a development I
special assessment agreement with the City.
FINANCIAL IMPACT:
The cost for the engineering services (design & construction) of $104,516.84. These costs will
be included in the special assessment to the developer and/or the CMI grant.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into an engineering agreement with Fleis & Vandenbrink to provide engineering services
(design & construction) for the Lakefront Development Infrastructure.
COMMITTEE RECOMMENDATION:
PROPOSALS TABULATION FOR THE ENGINEERING SERVICES ON: LAKE FRONT
DEVELOPMENT
DESIGN DESIGN CONSTRUCTION CONSTRUCTION
TOTAL COST
FIRM HRS COST HRS ENG. COST
FLEIS & VANDENBRINK 692 $44,354.74 875 $60,162.10 $104,516.84 ***
PREIN & NEWHOF 630 $41,035.00 1315 $80,347.00 $121,382.00
DRIESENGA & ASSOCIATES 728 $49,303.00 1332 $65,746.00 $115,049.00
WILLIAMS & WORKS 547 $33,380.00 978 $70,114.00 $103,494.00
*** Six Soil Borings are included
2/6/01
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2.-!J-o/
CITY OF MUSKEGON
CONSULTING ENGINEERING AGREEMENT
LAKEFRONTDEVELOPMENT
PROJECT NAME
THIS AGREEMENT, made and entered into as of this r:27-1/2 day of
Wcuaf)I-, 2001, A.D., by and between Fleis & Vandenbrink Engineering, Inc.,
Consulting Engineers, of 4771 - 50th Street S.E., Grand Rapids, Michigan 49512,
hereinafter refened to as the "CONSULTANT", And the City of Muskegon, a Public
Body Corporation, hereinafter refened to as the CITY.
WITNESS ETH:
WHEREAS, the CITY desires to engage the professional services of the
CONSULTANT to perform certain engineering and other related services required in
connection with the project as defined by the Work Plan Outline referred to as the
"PROJECT".
WHEREAS, the CONSULTANT is willing to render the services desired by the
CITY for the consideration hereinafter expressed; and
WHEREAS, the parties hereto have reached an understanding regarding the
performance of the PROJECT work and desire to set forth this understanding in the form
of a written agreement, and
WHEREAS, the PROJECT is defined in any contract documents for construction,
the consultant's proposal, and this agreement,
NOW THEREFORE, IT IS HEREBY AGREED by and between the parties,
(incorporating the above recitals), that:
I. THE CONSULTANT SHALL, perform professional services in connection with the
PROJECT as hereinafter stated.
THE CONSULTANT SHALL, serve as the CITY'S Professional Representative
in all of the Phases of the PROJECT, and will give consultation and advice to the CITY
during the performance of his services as follows:
c-contr. lakefront road engineering kc.doc
PROPOSED WORK PLAN (SCOPE OF SERVICES)
A. PRELIMINARY DESIGN PHASE:
1. Meet with City staff to review project requirements, work scope and overall schedule.
Collect existing available information, such as:
a. As built road, sanitary sewer, storm sewer, watermain and other utility drawings.
b. Any previous surveys in or adjacent to the project area.
c. Property line maps and legal descriptions.
d. Plans, concepts and other items that may be available from the site developer or
their engineer.
e. Obtain City of Muskegon details and specifications.
2. Contact utility companies to obtain the location of their existing underground facilities in
the project area.
3. Prepare railroad-crossing permit and submit to CSX and MOOT.
4. Perform field topographic survey for design and preparation of the construction drawings.
Collect topographic information, elevations and location of existing utilities within the
project area.
5. Review and finalize, if necessary, the road alignment and geometrics.
6. Prepare legal description of the proposed road right-of-way.
7. Prepare preliminary roadway cross sections.
8. Draft preliminary plans on plan and profile sheets at 1"=40' horizontal scale and 1"=4'
vertical scale.
9. Coordinate pavement cores and/or soil borings within the project area as appropriate to
identify subsurface conditions and to provide data for pavement design.
10. Complete preliminary design of the proposed pavement sections and layout of the
proposed road plan and profile. Review alternative designs where appropriate.
11. Complete preliminary design of the storm sewer system.
12. Complete preliminary design of the water main.
13. Complete preliminary design of the sanitary sewer.
~FLEIS & VANDENBRINK
ENGINEERING, INC.
rt
14. Meet with City staff to review preliminary plans. Any alternatives developed will be
reviewed.
15. Draft preliminary design and details on the construction drawings, incorporating City
comments.
16. Evaluate impact on private utilities such as gas, electric and telephone. Send copies of
preliminary plans to the utility companies for their information.
17. Prepare list of bid items, quantities and estimate of construction costs. Prepare
preliminary specifications/bidding documents.
18. Forward completed preliminary construction drawings, specifications and cost estimate
to the City staff for review.
B. FINAL DESIGN PHASE:
1. Complete final design and prepare final construction drawings, specifications and bidding
documents in accordance with City comments. We anticipate the following drawings:
a. Title sheet
b. Alignment sheet
c. Typical pavement cross-sections, notes and details
d. Typical watermain notes and details
e. Typical storm and sanitary sewer notes and details
f. Plan and profile sheets for road and utility improvements.
g. Intersection details where appropriate
h. Rail road crossing details and plan
2. Prepare updated estimate of probable construction cost.
3. Prepare and submit permit applications for construction of watermain and sanitary sewer.
4. Advertise project for bidding.
5. Provide bidding assistance.
6. Provide the City with 20 sets of Bid Documents.
C. CONSTRUCTION ENGINEERING PHASE:
1. Assist City with the award of contract.
2. Provide construction staking for the project.
2. Provide contract administration.
3. Provide 10 weeks of full time on-site observation during construction of the project. We
have included 50 hours per week for 10 weeks.
lliFLEIS & VANDENBRINK
ENGINEERING, INC.
4. Review contractors pay requests and provide City with written recommendation for
payments.
5. Schedule and attend preconstruction meeting and construction progress meetings.
Prepare and distribute meeting minutes.
6. Perform onsite testing including soils, concrete, asphalt density, temperature and monitor
air testing for sanitary sewer and watermain. Coordinate off-site testing of the concrete
cylinder breaks and asphalt tests if required.
7. Prepare Record drawings. Provide the City with prints and AutoCAD files.
D. MEETINGS
1. In addition to the meetings listed above we will be available for meetings with the
Developer, MDEQ, Utility companies, contractor, affected property owners and public
meetings.
~FLEIS & VANDENBRINK
ENGINEERING. INC,
SCHEDULE
LAKEFRONT DEVELOPMENT
February March April May June July August September
'Preliminary Design Engineering
Final Design Engineering
Bidding
Construction
Schedule is dependent upon timely reviews by the City, receipt of permits and snow cover for topographic survey.
NOTE: Starting date of contract was changed to approximately April 1, 2001.
The work will consist of the tasks set forth in the following Proposed Work Plan (Scope
of Services). The work shall be completed in accordance with the schedule below,
appended to and included in the Proposed Work Plan:
II. GENERAL PROVISIONS
The CONSULTANT shall:
A. Follow standard accounting practices and permit the CITY to inspect its
PROJECT books and records at any reasonable time. Such records are to be
kept available for three (3) years from the date of the final payment for
work conducted under this Agreement.
B. Have in its employ a sufficient number of qualified employees available to
complete the PROJECT in accordance with the schedule established upon
the authorization of the services as outlined herein.
C. Show evidence of Workmen's Compensation Insurance, said insurance to be
required by law. Maintain and show evidence of Professional Liability
Insurance in the amount of $500,000, maintain General Liability Insurance
and Vehicle Insurance with a limit ofliability not less than $500,000, and
name the CITY OF MUSKEGON as additional insured with policy(ies) not
being cancelled or materially altered without at least thirty (30) days notice
to the CITY. (See section IV. (I) below.
D. Commence work on the PROJECT as set forth in this Agreement only upon
receipt of written notice from the CITY.
E. During the performance of the services herein provided for, be responsible
for any loss or damage to the documents, hereinafter enumerated as
belonging to the CITY, while they are in its possession. Restoration oflost
or damaged documents shall be at the CONSULTANT'S expense.
F. The CONSULTANT will perform all work on this project with its own
employees except as noted herein, or as approved by the CITY.
G. CITY INCOME TAX WITHHOLDING. The CONSULTANT shall withhold
Muskegon City income taxes from each and every employee who is subject
to same, and shall pay the income tax due, if any. CONSULTANT shall
further require the same of each subconsultant or other party with whom
CONSUL TANT works or from whom CONSULTANT obtains goods or
services for the project. Payroll submissions required by this agreement shall
include full information showing said withholding. The City may withhold
c-contr. lakefront road engineering kc.doc 2
payments otherwise due to the CONSULTANT to assure compliance with
this agreement or cure noncompliance.
III. THE CITY WILL:
A. Provide to CONSULTANT existing data as it is available from its files.
B. Pay for and in consideration of the services rendered by the CONSULTANT in
carrying out the PROJECT on the basis of costs as outlined in the proposal
under the sections entitled "ENGINEERING SERVICES WORK PLAN" and
"CURRENT FEE SCHEDULE." However all compensation, of whatever
nature, including reimbursement of expenses to the consultant, shall not exceed
$104,516.84. Any increase in the amount to be paid to the CONSULTANT
shall require a written and executed amendment to this Agreement. The
"Derivation of Cost Proposal," Exhibit A, shall not constitute or support the
City's agreement to pay any specific amount of compensation. All
compensation shall be derived from the proposal documents referred to above
(of which the "Derivation of Cost Proposal" is only one part), and shall be
further limited by this paragraph, modified only by written amendment to this
contract agreed and executed by the City and the Consultant.
The amounts to be paid (subject to the "not to exceed" figure above and the
provisions for payment in case of early termination of this agreement), shall be
determined as follows:
I. Direct Salary Costs: Actual Direct Salary costs of members of the firm
and staff personnel on the basis of salary, on an hourly basis (without
markup) actually expended for said personnel for the time such personnel
are directly utilized on the PROJECT.
2. Other Direct Costs: Actual cost of other material and services as may be
required hereunder but which are not normally provided as pait of the
overhead of the CONSULTANT. All actual costs shall be itemized and
certified as paid to specifically named firms or individuals, and shall be
supported by proper receipts. Examples of items normally treated as
direct costs are as follows.
Outside computer services, travel, transportation, printing and telephone
costs related to the PROJECT work performed. Engineering services (by
others) such as surveys, professional engineering services, etc., and items
other than engineering services related to the PROJECT.
c~contr. lakefront road engineering kc.doc 3
3. Overhead, Indirect Costs and Profit: The overhead and indirect costs
incurred or profit earned {fixed fee) by the CONSULTANT during
performance of the PROJECT work. The amount of overhead, indirect
costs and profit payment, including payroll overhead, will be calculated as
a percentage of all direct salary costs related to staff personnel. Overhead
and indirect costs shall include those costs which, because of the
incurrence for common or joint objectives are not readily subject to
treatment as a direct cost. The percentage rate, for Payroll Overhead
(Direct Salary Costs), Firm Overhead and Profit, which will be applied to
direct labor costs solely to determine progress payments, is 197%,
including the overhead and profit percentages shown on Exhibit A.
It is agreed that this rate is the final overhead rate and will be used for all
work related to the PROJECT.
Attachment. Attached as exhibit A is the document entitled "Derivation of
Cost Proposal." It is attached as a guide for use in the event of early
termination and otherwise for information purposes only.
C. Make payments to the CONSULTANT in accordance with the following
procedures:
1. Progress payments shall be made for reimbursement of amount~ earned
to date and shall include direct salary costs, other direct costs, calculated
amounts for overhead, indirect costs and profit using the aforementioned
rate.
2. Partial payments will be made upon the submissions by the
CONSULTANT of an Invoice Voucher, accompanied by properly
completed reporting forms and such other evidence of progress as may be
required by the CITY. Patiial payments shall be made only once a month.
3. Final billing under this contract shall be submitted in a timely manner but
not later than six months after completion of the work. Billings for work
submitted later than six months after completion of the work will not be
paid. Final payment will be made upon completion satisfactory to the
CITY.
D. If work on the Agreement is terminated before completion, the city shall
determine, using reasonable calculations, (including, if applicable, utilizing
Exhibit A for a guide), what pmiion of the consultant's work has been
completed, and compensate Consultant accordingly. It shall pay the
CONSULTANT actual costs incurred for the work up to the time of
termination of this Agreement, compensate the CONSULTANT in full for all
c-contr. lakefront road engineering kc.doc 4
pro rated overhead costs defined above and prorated profit on work
completed. The aforesaid payment shall be an amount which can be
established by the CONSULTANT from its accounts and records, and verified
by the CITY. In no case shall the amount paid to the CONSULTANT for
partial completion of work under this Agreement exceed the amount the
CONSULTANT would receive had all work be completed.
IV. IT IS FURTHER AGREED THAT:
A. Upon completion or termination of this Agreement, all documents prepared
by the CONSULTANT, including tracings, drawings, estimates,
specifications, field notes, investigations, studies, etc., as instruments of
service, shall become the property of the CITY. The CONSULTANT may
keep a copy of materials developed through this contract.
B. No portion of the PROJECT work heretobefure defined, shall be sublet,
assigned, or otherwise disposed of except as herein provided or with the prior
written consent of the CITY. Consent to sublet, assign or otherwise dispose
of any portion of said work shall not be construed to relieve the
CONSULTANT of any responsibility for the fulfillment of this Agreement,
or any part of the performance.
C. All questions which may arise as to the quality and acceptability of work, the
manner of performance and rate of progress of work, and the interpretation
of plans and specifications shall be addressed by the CONSULTANT to the
satisfaction of the CITY. All questions as to the satisfactory completion
shall be decided by the CITY.
D. Any change in work to be performed by the CONSULTANT involving extra
compensation must be authorized in writing by the CITY prior to the .
performance thereof by the CONSULTANT.
E. The CONSULTANT warrants it has not employed or retained any company
or person other than bona fide employees working solely for the
CONSULTANT, to solicit or secure this Agreement, and that it has not paid
or agreed to pay any company or person, other than bona fide employees
working solely for the CONSULTANT, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon, or resulting
from the award or making of the Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without
liability or, at its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
c-contr. lakefront road engineering kc.doc 5
F. The CONSULTANT specifically agrees that in the performance of
engineering services herein enumerated, by him, or by an approved
subcontractor, or anyone acting in its behalf, they will comply with any arul
all applicable State, Federal, and Local statutes, ordinances and regulations
and obtain all permits that are applicable to the entry into and the '
performance of this Agreement.
G. No charges or claims for damages shall be made by the CONSULTANT for
delays or hindrances from any cause whatsoever during the progress of any
portions of the services specified in this Agreement, except as hereinafter
provided.
In case of a substantial delay on the part of the CITY in providing to the
CONSULTANT access to the site, necessary information or approval to
proceed with the work, resulting, through no fault of the
CONSULTANT, in delays of such extent as to require the
CONSULTANT to perform his work under changed conditions not
contemplated by the pmiies, the CITY will provide supplemental
compensation limited to increased costs incurred as a direct result of
such delays. Any claim of supplemental compensation must be in
writing and accompanied by substantiating data. Authorization of such
supplemental compensation shall be by an amendment to this
Agreement. When delays are caused by circumstances or conditions
beyond the control of the CONSULTANT, as determined by the CITY,
the CONSULTANT shall be granted an extension of time for such
reasonable period as may be mutually agreed upon between the parties,
it being understood, however, that the permitting of the CONSULTANT
to proceed to complete any services, or part of them, after the date to
which the time of completion may have been extended, shall in no way
operate as a waiver on the part of the CITY of any of its rights herein set
forth.
H. In case the CONSULTANT deems extra compensation will be due them for
work or materials not clearly covered in this Agreement, or not ordered by
the CITY as a change, or due to changed conditions, the CONSULTANT
shall notify the CITY in writing of his intention to make claim for such extra
compensation before they begin such work.
Failure on the part of the CONSULTANT to give such notification will
constitute a waiver of the claim for such extra compensation. The filing of
such notice by the CONSULTANT shall not in any way be construed to
establish the validity of the claim. Such extra compensation shall be
provided only by a written and signed amendment to this Agreement.
c-contr. lakcfront road engineering kc.doc 6
I. The CONSULTANT agrees to comply with the following insurance and
CONSULTANT agrees to defend, pay in behalf of, indemnify, and hold
indemnity requirements:
I. Hold Harmless Agreements: To the fullest extent permitted by law,
CONSULTANT agrees to pay on behalf of, indemnify, and hold
harmless the CITY, its elected and appointed officials, employees,
volunteers, and others working on behalf of the CITY against any and
all claims, demands, suits, or loss, including any costs connected '
therewith, including reasonable attorney fees and for any damages
which may be asserted, claimed or recovered against or from the CITY,
its elected and appointed officials, employees, volunteers, or others
working acting on behalf of the CITY, by reason of personal injury,
including bodily injury and death, property damage, including loss of
use thereof, and/or the effects of or release or toxic and/or hazardous
material which arises out of the negligent acts and or omission of the
engineer. The obligations in this paragraph to hold harmless extend to
CONSULTANT'S employees, agents, subcontractors, assigns and
successors.
2. Consultant Insurance Requirements: CONSULT ANT shall not
commence work under this contract until obtaining the insurance
required under this paragraph. All coverages shall be with insurance
companies licensed and admitted to do business in the State of
Michigan and Best Rated A VIII. All coverage shall be with insurance
carriers acceptable to the CITY.
3. Workers' Compensation Insurance: The CONSULTANT shall procure
and maintain during the life of this contract, Workers' Compensation
Insurance, including Employer's Liability coverage, in accordance with
all applicable Statutes of the State of Michigan.
4. General Liability Insurance: The CONSULTANT shall procure and
maintain during the life of this contract, commercial General Liability
Insurance on an "Occurrence Basis" with limits of liability not less than
$500,000 per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall
include the following extensions: (a) Contractual Liability; (b) Products
and Completed Operations; (c) Independent Contractor's Coverage; (d)
Broad Form General Liability Extensions or equivalent.
5. Motor Vehicle Liability: The CONSULTANT shall procure and
maintain during the life of this contract Motor Vehicle Liability
Insurance, including Michigan No-Fault Coverages, with limits of
liability of not less than $500,000 per occurrence or combined single
c-contr. lakefront road engineering kc.doc 7
limit Bodily Injury and Property Damage. Coverage shall include all
owned vehicles, all non-owned vehicles and all hired vehicles.
6. Professional Liability Insurance: The CONSULTANT shall procure and
maintain during the life of this contract and during the performance of
all services, Professional Liability Insurance covering all performances
from the beginning of the Consultant's services on a "claims made
basis" and shall maintain coverage from commence of this contract until
six (6) months following completion of the Consultant's work with
limits of liability not less than $500,000 per occurrence.
7. Additional Insured: Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement
stating the following shall be "Additional Insured": The CITY OF
MUSKEGON, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board
members, including employees and volunteers thereof.
8. Cancellation Notice: Workers' Compensation Insurance, General
Liability Insurance, Motor Vehicle Liability Insurance, and Professional
Liability Insurance, as described above, shall include an endorsement
stating the following: It is understood and agreed that Thirty (30) Days
Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON
ENGINEERING DEPARTMENT.
9. Proof oflnsurance Coverage: The CONSULTANT shall provide the
CITY at the time of the contracts are returned by it for execution,
certificates and policies as listed below. Copies of Declaration Sheets
shall be attached to this agreement as Exhibit B:
(a) Two (2) copies of Certificate oflnsurance for Workers'
Compensation Insurance.
(b) Two (2) copies of Certificate of Insurance for Commercial
General Liability Insurance.
(c) Two (2) copies of Certificate oflnsurance for Vehicle
Liability Insurance.
(d) Two (2) copies of Certificate of Insurance for Professional
Liability Insurance.
(e) If so requested, certified copies of all policies mentioned
above will be furnished.
c-contr. lakefront road engineering kc.doc 8
If any of the above coverages expire during the term of this contract,
the CONSULTANT shall deliver renewal certificates and/or policies
to the CITY at least ten ( 10) days prior to the expiration date.
J. This Agreement shall be terminated upon written advice meru to the
CONSULTANT by the CITY that the PROJECT work is completed and
accepted, with the exception that the Professional Liability Insurance at the
identified limits of coverage shall remain in effect for a period of six (6)
months following the date of said advice meru of termination.
K. Upon execution of this Agreement by the parties hereto, the same shall
become binding on the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals by their duly
authorized agents and representatives the day and year first above written.
FRANCES MAE RINI
NOTARY PUBLIC, BERRIENCOUNT'( Ml
COMMISSION EXPIRES: JULY 4, 2003
CITY OF MUSKEGON
Fred Niels 1 (Mayor) Date
- L·
Gail Kundinger (Clerk
~.3-o I
Date
c-contr. lakefront road engineering kc.doc 9
EXHIBITS
Exhibit A - Derivation of Cost Proposal, and attachment with estimated hours.
Exhibit B - Insurance Declaration sheets.
c-contr. lake front road engineering kc.doc I0
DERIVATION OF COST PROPOSAL
Design Engineering Services
Lakefront Development
CONSULTANT: FLE/S & VANDENBRINK ENGINEERING, INC.
DIRECT LABOR
Project Classification Hours Hourly Rate Labor ,Costs
Principal 4 $53.00 $212.00
Project Manager 126 $31.00 $3,906.00
Project Engineer 187 $19.00 $3,553.00
Civil Tech Cadd 110 $17.00 $1,870.00
Civil Tech 110 $20.00 $2,200.00
Survey Chief 44 $19.00 $836.00
Survey Tech 35 $11.00 $385.00
Project Assistant 76 $15.00 $1,140.00
Total Hours 692
Total Labor $14,102.00
OVERHEAD Total Labor x Overhead Rate
$14,102 times 160 %
Total Overhead $22,563.20
FACILITIES CAPITAL COST Total Labor x FCC Rate
$14,102 times 5.6 %
Total FCC $789.71
DIRECT EXPENSES
Soil Borings $1,200
Printing $315
Telephone/Fax $85
Vehicle and mileage $800
Equipment $100
Total Direct Expenses $2,500.00
FIXED FEE (Total Labor+ Total Overhead) x fee percentage
$36,665 times 12 %
Total Fixed Fee $4,399.82
TOTAL COSTS $44,354.74
DERIVATION OF COST PROPOSAL
Construction Engineering Services
Lakefront Development
CONSULTANT: FLE/S & VANDENBRINK ENGINEER/NG, INC.
DIRECT LABOR
Project Classification Hours Hourly Rate Labor Costs
Principal 4 $53.00 $212.00
Project Manager 90 $31.00 $2,790.00
Project Engineer 0 $19.00 $0.00
Civil Tech Gadd 40 $17.00 $680.00
Survey Chief 88 $19.00 $1,672.00
Survey Tech 88 $11.00 $968.00
Project Assistant 40 $15.00 $600.00
Resident Inspector 525 $18.00 $9,450.00
Inspector backup O $18.00 $0.00
++Backup inspectors to fill in for sick or vacation time if required
Total Hours 875
Total Labor $16,372.00
OVERHEAD Total Labor x Overhead Rate
$16,372 times 160 %
Total Overhead $26,195.20
FACILITIES CAPITAL COST Total Labor x FCC Rate
$16,372 times 5.6 %
Total FCC $916.83
DIRECT EXPENSES
Troxler $1,750
Concrete Air Tester $350
Printing $175
Telephone/Fax $150
Vehicle and mileage $7,800
Equipment $145
Offsite Testing $1,200
Total Direct Expenses $11,570.00
FIXED FEE (Total Labor+ Total Overhead) x fee percentage
$42,567 times 12 %
Total Fixed Fee $5,108.06
TOTAL COSTS $60,162.10
Ho\Jrs Sum ~fgn
City of. Muskegon
Lakefront Development
Design Hour Summary
DESIGN ENGINEERING SERVICES
TASK Prlnclpal Project Mgr. Proj. Eng. Drafter Surveyor Tech. Typist Expenses Total Hrs
Preliminary Design Phase
meet with City / collect data 6 6 12
contact utility companies 3 3 2 8
prepare rail road permit 3 12 2 17
perform field topographic survey 3 32 32 $250 67
draft survey data/ plot ulililies 2 16 19
legal descp of road and row 2 12 15
roadway alignment and x-sections 6 12 8 26
san and storm sewer plan&details 12 32 4 49
walermain ptan&details 4 8 24 4 40
draft preliminary plan 2 8 24 34
obtain soils information 2 8 3 $600 13
complete prelim of road 2 3 8 8 4 25
complete prelim of storm sewer 3 6 8 17
complete prelim of san. Sewer 3 6 8 17
complete watermain 4 6 8 4 22
forward to city 2 6 4 12
review plan with city 6 6 12
draft with city comments 2 12 14
detour/traffic control plan 1 4 8 13
send plans to utility companies 2 2 4 4 12
bid items, estimate 8 16 24 48
meet with City to review prelim design 16 6 $900 22
Total Preliminary Design 2 82 133 166 44 35 52 $1,750 514
Final Design
Principal Project Mgr. Proj. Eng. Drafter Surveyor Tech. Typist Expenses Total Hrs
final design, plans, specs, estimate 16 32 40 88
submit final plans to City 8 6 6 8 $350 28
prepare/submit permit applications 2 12 8 8 30
0
Total Final Design 2 36 46 46 0 0 16 $350 146
Bidding (Includes all aspects)
Principal Project Mgr. Proj. Eng. Drafter Surveyor Tech. Typist Expenses Total Hrs
8 8 8 8 $400 32
0
Total Bidding 0 8 8 8 0 0 8 $400 32
Total Design (Hours and Expenses) 4 126 187 220 44 35 76 $2,500 692
Pa~ I Musk-L..lkeshore-Dev-budget -cng-fln.il
City of Muskegon
Lakefront Development
Construction Hours Summary
Principal Project Mgr. Proj. Eng. Const. Surveyor Tech. Typist Expenses Total Hrs
Observer
Construction Services
Estimate1 Oweek construction time
88 88 $1,500 176
Construction Staking
525 $4,750 525
Construction Observation
4 90 40 $120 134
Construction Administration
$3,500 0
Onsite Testing
$1,200 0
Offsite Testing
8 32 $500 40
Record Drawings
0
Total Construction Services 4 90 0 533 88 120 40 $11,570 875
ACORD,_1,., CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I DATE (MM/00/YY)
02/27/2001
)OUCER (734)662-4041 FAX (734)662-4065
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
·ofessional Concepts Ins. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
950 s. State St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
uite 402 INSURERS AFFORDING COVERAGE
nn Arbor, MI 48104
URED Fleis & Vandenbrink Engineering, Inc. INSURER A Security Insurance Company of Hartford
4771 50th St. SE INSURER B St. Paul Property & Casualty Company
Grand Rapids, Mi 49512-5403 INSURER C' St. Paul Guardian Insurance Company
INSURER 0
Attjn: Larry Fleis INSURER E·
lVERAGES
·HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
\NY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
1AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
0 'JUC1ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
s TYPE OF INSURANCE POLICY NUMBER P~}}~~J~~68~i,E p2~1-fJ ,~JibRtJ~N LIMITS
' RP06657359 04/01/2000 04/01/2001 EACH OCCURRENCE $ 1,000,000
-GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,00
1 CLAIMS MADE 0 OCCUR
MED EXP (Any one person) $ 5,00
1,000,00(
PERSONAL & ADV INJURY I
~
GENERAL AGGREGATE $ 2,000,00
- PRODUCTS - COMP/OP AGG $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
7 POLICY n ::r& ·n·LOC
AUTOMOBILE LIABILITY lP06657359 04/01/2000 04/01/2001 COMBINED SINGLE LIMIT
$
~
X ANY AUTO
(Ea accident) 1,000,00(
- ALL OWNED AUTOS BOOIL Y INJURY
- SCHEDULED ALJTOS
(Per person)
I
x
~
HIRED AUTOS BODILY INJURY
(Per accident}
$
X
f--
NON-OWNED AUTOS
PROPERTY DAMAGE
f-- (Per accident)
I
I
=i
AUTO ONLY - EA ACCIDENT
GARAGE LIABILITY
OTHER THAN
EAACC I
ANY AUTO
AUTO ONLY AGG $
04/01/2000 04/01/2001 4,000,001
• RP06657359 EACH OCCURRENCE $
EXCESS LIABILITY
[8JoccuR CLAIMS MADE
AGGREGATE I 4,000,00
=i
$
$
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION ANO IIVA2427471 04/01/2000 04/01/2001 x I/6~$ LfJNs I lu!ERH· '
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,00
E.L. D!SEASE • EA EMPLOYEE $ 100,00(
E.L. DISEASE - POLICY LIMIT $ 500,00
04/01/2000 04/01/2001 2,000,000
OTHE'c
Per •
la,m/Annual Aggre 'L508391 2,000,000
\ ~ate Professional Liab
~SCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
·oject: Lakefront Development
e City of Muskegon, all elected and appointed officials, all employees and volunteers, all
iards, convnissions and/or authorities and board members, including employees and
,l unteers thereof are all named as Additional Insured as respects to General and non-owned
,to Liability only.
ERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Muskegon Engineering Department __lQ__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Mohammed S. Al-Shatel, P.E. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
933 Terrace Street
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
P.O. Box 536
AUTHORIZED REPRESENTATIVE
Muskegon MI 49443-0536
' Eric Moore CIC, LIC/DMB i..{4
CORO 2S-S (7/97)
©ACORD CORPORATION 1988
·-,--;
DATE (MM/0D/YY)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I 02/27/2001
ODUCER (734)662-4041 FAX (734)662-4065 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
rofessional Concepts Ins. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
950 S. State St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,ui te 402
INSURERS AFFORDING COVERAGE
,nn Arbor, MI 48104
iURED Fleis & Vandenbrink Engineering, Inc. INSURER A Security Insurance Company of Hartford
4771 50th St. SE INSURER B St. Paul Property & Casualty Company
Grand Rapids, Mi 49512-5403 INSURER C St. Paul Guardian Insurance Company
INSURER D·
Attjn: Larry Fleis INSURER E
)VERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
.\NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF"1CATE MAY BE ISSUED OR
\1AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
:}OUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
: TYPE OF INSURANCE POLICY NUMBER
~XENERAL LIABILITY RP06657359 04/01/2000 04/01/2001 ~E~A~C~H~OC~C~U~R~RE~N~C~E--+:-'--1=,o~o~o=,O~O~lO~
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lire) $ 1 , 000, 00
t--+~I CLAIMS MADE [K] OCCUR MED EXP /Any one person) $ 5 1 00(
PERSONAL & ADV INJURY $ 1 1 000 1 00
GENERAL AGGREGATE $ 2,000 1 00
-GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 1 000 1 00(
7 POLICY n JECT PRO· n LOC
AUTOMOBILE LIABILITY RP06657359 04/01/2000 04/01/2001 COMBINED SINGLE LIMIT
X
-
ANYAUTO
{Ea accident)
' 1,000,000
All OWNED AUTOS BODILY INJURY
- (Per person)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE
~ ---------- (Per accident)
R GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY
EAACC $
AGG S
$
04/01/2000 04/01/2001 e---------1----~~~~.c.i
EACH OCCURRENCE 4 , 000, 00
EXCESS LIABILITY
=:8:J OCCUR • CLAIMS MADE
~PQ6657359
AGGREGATE
$
$ 4,000, 00
7 DEDUCTIBLE
'
7 RETENTION $ $
WORKERS COMPENSATION AND NVA2427471 04/01/2000 04/01/2001 I~ERH-
EMPLOYERS' LIABILITY EL EACH ACCIDENT 100,001
E.L. DISEASE - EA EMPLOYEE $ 100,000
E.L. DISEASE - POLICY LIM!T $ 500,00
OTHEFL . PL508391 04/01/2000 04/01/2001 2,000,000
>er Lla,m/Annual Aggre 2,000,000
~ gate Professional Liab
ESCRlPTION OF OPERATIONSILOCAT!ONSNEH!CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
0
oject: Lakefront Development
,e City of Muskegon, all elected and appointed officials, all employees and volunteers, all
Jards, commissions and/or authorities and board members, including employees and
Jlunteers thereof are all named as Additional Insured as respects to General and non-owned
,to Liability only.
:ERTIFICATE HOLDER l I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY or THE ABOVf. DESCR!BED POLICIES BE CANCELLED BEFOl{E THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Muskegon Engineering Department _l_Q__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Mohammed S. Al-Shatel, P.E.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LlABlllTY
933 Terrace Street
OF ANY KlND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
P.O. Box 536
Muskegon , Ml 49443-0536 AUTHORIZED REPRESENTATIVE
Eric Moore CIC, LIC/DMB
\CORD 25-S (7/97) ©ACORD CORPORATION 1988
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Elevator Shaft Replacement
SUMMARY OF REQUEST:
Your authorization to enter into a $23,192 contract with Kone Inc. out of Grand Rapids is
requested. The contract with Kone, if approved, would be to replace the elevator shaft at
City Hall. Our recommendation is based on our review of the two bids that we received on
February 2, 2001.
FINANCIAL IMPACT:
The cost of $23,192
BUDGET ACTION REQUIRED:
Since this is an unforeseen and unexpected repair, we expect the cost of the repairs to
be covered by the Contingency Fund
STAFF RECOMMENDATION:
To approve a contract with Kone Inc.
COMMITTEE RECOMMENDATION:
/
Grand Rapids Branch Office
RECEIVED
Installation, Modernization and Service JAN 2 .s 2001
Elevators Escalators
January 25, 2001 CITY OF MUSKEGON
. ~ASURER'S o~: ~.:
City of Muskegon KONE Inc.
933 Terrace Street 5300 Clay Avenue, SW
P.O.Box 536 Grand Rapids, Ml 49548
Muskegon,MI49443-0536 Tel 616-534-3300
Fax 616-534-1181
www.us.kone.ccm
Subject: Hydraulic Cylinder replacement
State Serial # 13 754
KONE proposes to furnish all necessary labor, materials, tools, and supervision to perform the
following work on the elevator located at the above location:
1. Hang the elevator cab.
2. Disassemble and remove the elevator piston.
3. Excavate and hoist the hydraulic cylinder from the ground.
4. Clean out the existing cylinder hole. Removal of old sand and debris from the premises.
NOTE: should an unforeseen event, such as extreme oil contamination, drilling halted
by rock or Water table difficulties occur, which would extend our time on the job beyond
our Estimated work time, additional dollars will be required to cover our costs.' You will
be notified immediately if this situation should occur.
5. Install a new hydraulic cylinder (KONE will reuse cylinder head) which will be encased in
a PVC liner to prevent future electrolysis.
6. Backfill the hole with sand. Patch the existing pit floor with new concrete.
7. Install new cylinder head packing.
8. Reconnect the oil lines.
9. Required State of Michigan tests and permits.
Our price to perform this work amounts to: TWENTY THREE THOUSAND ONE
HUNDRED NINETY TWO AND NO/100 DOLLARS ($23,192). This price includes all
applicable labor, material, tax and permit fees. The above price will remain in effect for a period
of ninety (90) days from the date of this quotation, at which time will be subject to review due to
uncertainties in material and labor costs. We undertake to make these suggestions in conformity
with the usual applied codes and standards of the elevator industry. However, no guarantee can
be made that all code violations or defects have been identified.
All work is to be performed during the regular working hours of the elevator/escalator trade
(8:00am-4: 30pm, Monday through Friday). If overtime work is required, we will provide the
purchaser a separate or revised quotation reflecting the difference between our regular and .
overtime billing rates.
/
City Of Muskegon
City Hall
Elevator Hydraulic Cylinder Replacement
Request for Bids to Replace
Muskegon City Hall plans to replace the existing elevator hydraulic piston on the
Montgomery elevator at City Hall, 93 3 Terrace St.
The City is requesting detailed proposals from elevator contractors who possess the
necessary experience to complete this project.
Qualifications
For the qualifications portion of your submittal, the following information must be
~~bmitted.
1. Specific details on prior projects which are pertinent to the requested work.
2. Identify any subcontractors and their experience.
3. All contractors must be licensed to work by the State of Michigan and
registered with the City of Muskegon.
Specifications
1. Hang elevator cab
2. Disassemble and remove the elevator piston. J
3. Excavate and hoist the hydraulic cylinder from the ground.
4. Clean out the existing cylinder hole. Removal of old sand and debris from the
premises.
NOTE: Should an unforeseen event, such as extreme oil
contamination, drilling halted by rock or water table difficulties occur, which
would extend your time on the job beyond your estimated time. Then you will
notify the City immediately before preceding any further.
5. Install a new hydraulic cylinder (reuse existing cylinder head) which will be
encased in a new PVC liner to prevent future electrolysis.
6. Backfill the hole with sand. Patch the existing pit floor with new concrete.
7. Install new cylinder head packing.
8. Reconnect the oil lines.
9. Required State of Michigan tests and permits.
A pre bid meeting will held in room 203, second floor of City Hall, 933 Terrace St.
Muskegon, MI: on February 26, 2001 at 2:00 PM.
Questions are directed to JR Gann, Building Maintenance Supervisor for the City at 231-
724-6710.
Bid price to perform as outlined above 1,.....:.3.:..7:.c,7'-'0--'-0_ _ __ *
* ATTACHED IS MADE PART OF THIS PROPOSAL:
l. REPAIR ORDER DATED 02-02-01 2. AMENDMENT NO. l 3. SERVICE AGREEMENT
CONSTRUCTION AGREEMENT
This Agreement is made on February 21 , 2001, between Kone Inc., of
5300 Clay Avenue, S. W., Grand Rapids, MI 49548 ("Contractor"), and the City of Muskegon,
of 933 Terrace Street, Muskegon, MI 49440 ("City"), with reference to the following facts:
Background
The City has solicited bids for the rehabilitation and repair of the elevator in the City Hall
("the Project"), and the Contractor has submitted a proposal that the City has determined to
accept. The proposal as submitted is attached to and incorporated in this Agreement.
Therefore, the parties agrne as follows:
1. Obligations of Contractor. Contractor shall construct and perform tbe Project in
accordance with the proposal and, if applicable, the plans and specifications attached as
Exhibit A (the "Proposal" or "Plans").
2. Price. The price for completing the project shall be Twenty-three Thousand One
Hundred Ninety-two Dollars ($23,192) ("Price"). The Price may change only in the event the
Contractor and the City agree to change orders, modifications or extras as defined in this
Agreement. The Price shall include the cost of permits, labor and materials, cleanup and all sales
taxes incurred by Contractor for materials purchased and installed.
3. Payment of the Price. The Price shall be paid in accordance with the following
schedule ("Payment Schedule"). The price shall be due upon completion.
4. Modifications/Extras. No modifications to the Plans ("Modifications") or
requests for additional construction ("Extras") the cost of which exceeds One Hundred Dollars
($100) shall be binding upon either party, unless the Modifications and/or Extras are set forth on
a written change order that is signed by both parties ("Change Order").
5. Commencement and Completion Date. Contractor shall commence remodeling
the Project no later than 2/26/01 ( 4 ) days from the date of this Agreement
(''Commencement Date"). Contractor shall endeavor to complete the project within _ __
( 18 ) days of the Commencement Date ("Completion Date"); provided, however, that both
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Contractor, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental
inspections, regulations, or permit processes, material back orders, City's requests for Change
Orders, fire, injury or disability to Contractor, or weather.
5. Warranties. Contractor expressly warrants lo City that the all materials and
equipment used to complete the Project will be new unless otherwise specified, and that all work
will be of good quality, free from faults and defects and in conformance with the Proposal and
this Agreement. Following completion of the work and prior to the expiration of twelve (12)
G:\COMMON\5\GTJ\C-CONTR\CITY SMALL CONSTRUCTION K KONE ELEV .. DOC
months thereafter, upon notice from City, Contractor shall, without cost to City, remedy any
defects due to faulty workmanship or materials. This provision applies to work done by
subcontractors, materials supplied by suppliers, and to work done by Contractor or its agents,
subcontractors or employees.
Contractor shall assign to City all warranties given by manufacturers or suppliers
in connection with any and all fixtures, equipment, appliances, and personal property installed by
Contractor, suppliers or subcontractors as part of the remodeling.
6. General Conditions. This Agreement is subject to and includes all of the
General Conditions attached to this Agreement as Exhibit B.
This Agreement shall be effective as of the date set forth above.
KONE, INC.,
Dated: February 21 , 2001 By ~
Name: ,Q.d -v/cr.L -<. Ada;,,,~
Its: /{};cg/
CITY OF MUSKEGON
Dated: Fe ho.u'Gr ;/.) , 2001 By ~~~
~Y
.° 0_
Fred lNielsen,
By ~ a, K.,..._ Jl...,,,_~.,J
Gail A. Kundinger, Clerk
G:\COMMON\5\GTJIC-CONTR\CITY SMALL CONSTRUCTION K KONE ELEV.. DOC
EXHIBIT A
PROPOSAL
G:ICOMMON\5\GTJ\C-CONTR\C!TY SMALL CONSTRUCTION K KONE ELEV..DOC
EXHIBITB
GENERAL CONDITIONS
I. Payments. Payments required by the Payment Schedule shall be made by City directly
to Contractor in accordance with the payment schedule, subject to reasonable inspections by City
personnel.
2. License. Contractor is licensed by the State of Michigan as a licensed Michigan
Contractor and maintains its license in good standing. Contractor's License and ID numbers are
LICENSE#2CXi5 and ID#U:362357423 -, respectively.
3. Laws, Ordinances and ·Regnlations. In connection with the construction of the Project,
Contractor shall meet and complY, with all applicable laws, ordinances, and regulations.
4. Diligent Pursuit. Contractor shall diligently pursue its obligations under this
Agreement. If City believes that Contractor has failed to comply with this paragraph, it shall provide
Contractor not less than fifteen (I 5) days written notice of such non-compliance, a list of City's specific
complaints, and a reasonable time within which Contractor shall cure any such reasonable complaints.
5. Insurance. Contractor shall maintain a policy of Contractor's insurance fully insuring
the Project from the date construction commences until the date of substantial completion. City and their
mmtgagee may also maintain a policy of insurance upon their interest in the Project. Contractor shall
__,_cro
also carry public liability insurance with coverage limits not less than $ _ _500 _________
single-limit coverage, automobile liability insurance with coverage of at least$- -
500
~(XX)
~------
single limit, and worker's compensation insurance in an amount not less than the statutory minimum.
Contractor shall provide City with evidence of such insurance upon request. ~
. . .
r
~ KOO WilL PROVIDE A LIABILITY ENJXlRSFMENI' AND THE ENlXlRSFMENI' SHAIL INCWDE THE fJ ;Lff
REQJIREMENI' TIIAT 00 REIJJCTICN IN rovERAGE OR CANCEilATICN SHAIL BE MADE IIJRIN; THE WRATICN OF THE PROJl'CT.
6. Discrimination. Contractor agrees that it has read and is familiar with the City's rules
regarding discrimination in employment and dealing with vendors and vendees, and as a continuing
condition of this Agreement, Contractor shall fully comply with the said rules, including all local, state
and federal rules, regulations or statutes applicable to the City and its contractors.
· 7. Miscellaneous.
a. Applicable Law. This Agreement is executed in, shall be governed by, and
construed and interpreted in accordance with, the laws of the State of Michigan.
b. Entire Agreement. This writing shall constitute the entire Agreement, and shall
supersede any other Agreements, written or oral, that may have been made or entered into by the
parties with respect to the subject matter hereof and shall not be modified or amended, except in
a subsequent writing signed by the party against whom enforcement thereof is sought.
c. Binding Effect. This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the parties and their respective legal representatives, successors, and
assigns.
G:\COMMON\5\GTJ\C-CONTR\CITY SMALL CONSTRUCTION K KONE ELEV .DOC
d. Full Execution. This Agreement requires the signature of both parties. Until
fully executed on a single copy or in counterparts, this Agreement is of no binding force or
effect, and if not fully executed, this Agreement is void.
e. Counterpaits. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original as against any party whose signature appears thereon,
and all of which together shall constitute one and the same instrument. This Agreement shall
become binding upon the parties when one or more counterpaits, individually or taken together,
shall bear the signatures of all parties.
f. Non-Waiver. No waiver by any patty of any provision of this Agreement shall
constitute a waiver by such patty ofsuch provision on any other occasion or a waiver by such
party of any other provis!on of the Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
h. Assignment or Delegation. Neither Contractor nor City may assign all or any
part of this Agreement; provided, however, that Contractor may delegate all or any part of its
obligations to perform the services under this Agreement, to any persons or entities that
Contractor, in its sole discretion, deems appropriate, including subcontractors. Such delegation
shall be at the sole expense of Contractor unless otherwise provided.
i. Notices. All required or permitted written notices shall be deemed effective and
duly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the
custody of a nationally recognized receipted overnight delivery service; or, (iv) two (2) days
after posting in the U .S. first class, registered or certified mail, postage prepaid, to the recipient
patty at the address as set forth at the outset of this Agreement, or to such other address as the
recipient party shall have furnished to the sender in accordance with the requirements for the
giving of notice.
KONE,INC.
Dated: By R~~
Name: ;(],i,v,,<eg 7 -6§.r.z , ? / . , d ~
,<
Its: £}~fr{?
Dated: & /2cuqc7
/'..; ;2). , 200 I
G:\COMM ON\5\GT JIC-CONTR\CITY SMALL CONSTRUCTION K KONE ELEV ..DOC
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
RR Removal
SUMMARY OF REQUEST:
i
The contract to remove the abandoned RR tracks on Park, Southern, Seventh, Forest and
Grand be awarded to Link Contractors out of Twin Lake. Link Contractors were the
lowest, see attached bid tabulation, responsible bidder with a bid price of $128,306.36.
FINANCIAL IMPACT:
The construction cost of $128,306.36 plus related engineering expenses. Under an agreement
with MOOT, the state will pay the City $4,000 for each track (we have 15 tracks).
BUDGET ACTION REQUIRED:
Amend the 2001 CIP for Major & Local Street Funds to include the removal of the tracks.
The following changes are requested:
• Add $41,000 RR Removal into the Major Street
• Add $41,000 RR Removal into the Local Street
• Transfer $41,000 from the Major street Fund into the Local Street Fund to pay for the
removal on Forest, Grand & Seventh.
STAFF RECOMMENDATION:
Award the contract to Link Contractors.
COMMITTEE RECOMMENDATION:
:r
-
~
I
-
[
[
~ - ~ 3 1 d V o l ~ 3 l- ~ [
AVMV3S {~E ·sna) AVMV3S
RAILROAD REMOVAL
H-1503 & H-1504
CONTRACTOR'S BID TABULATION SUMMARY
•-·
JACKSON- DIVERSIFIED GRANT LAKESIDE ·- C&O
ENGINEER'S ESTIMATE K&R MERKEY NOBLES INC CONTRACTORS TOWER CONSTRUCTION FELCO OIVERSCO LINK HUGHES
PARK STREET $52.892.00 $87,470.00 $45,382.50 $58,440.74 $54,495.01 $66,230.50 $56,320.00 $45,576.00 $66,912.70 $39,094.44 $53,127.00
SOUTHERN AVENUE $39,791.50 $57,980.50 $38,550.10 $51,834.31 $41,462.20 $44,200.00 $41,958.50 $35,975.30 $47,284.75 $29,587.26 $37,582.30
SEVENTH STREET $10,125.00 $15,569.50 $10,084.55 $12,225.95 $12,040.00 $12,002.00 $11,078.00 $13,087.50 $16,866.00 $13,765.44 $11,665.70
FOREST & EIGHTH $34,974.00 $55,826.00 $37,369.80 $47,733.00 $36,567.50 $39,612.00 $36,807.00 $33,984.00 $44,278.25 $26,958.50 $33,932.50
GRAND AVENUE $23,892.00 $38,506.00 $27,124.90 $31,891.74 $26,521.00 $27,217.00 $28,020.00 $23,042.00 S31,n2.oo $18,900.72 $27,835.20
GRAND TOTAL $181,874.50 $255,352.00 $158,511.85 $202,125.74 $171,085.71 $189,261.50 $174,183.50 $151,"4.80 $207,113.70 $128,308.3& $114,142.70
RAIL ROAD REMOVAL
PARK STREET
ENGINEER'S ESTIMATE NOVEMBER 27, 2000
DIVERSIFIED
ENGINEER'S_E~!_ttM_TE_ .. ___ ....... K._&~ .. _ --==~-=J!',(::KS()~;-M,!;RJ<EY..... _ .. NOBLES INC CONTRACTORS GRANTTO'NER
'. -.<"lCOl.DMWt«;
~ ~--i:-i:s!x~::,:.:.::CP__
_ 8IT\.IMINIJS lrTO _1•
,:·
3 7,4 STA.
s~o~· .
.
~:~j-~_~. --_$7;;::~.r_-·:·::·"·:_.!~:.~:+:::·:····-"··~~~~::;J--·•·-···--~~::}l··. · · ·•· . ···---s9i::~-:;- . . . ·- ~:: .:. . $1=-~~ I -::~;
$50000 :·_-:..···s1,870 00·1 ........ S900 00] ~~---~---- $3,366"00 - -~- $2,01960 ~ "$1,038 40 -~
·-=·:·_: S,?40 00; $3,883 62 r . $1,336.90;
s:.=:: :· ----:;~:~ +-~sf,~:~
$5,00(>-01 ~ $3:964:_•
$_1,060_.001·· ..-:. 0
, _: s"JCONCRETE_BASECOUAse~ ~-- · i •10! _ sa YD : _$3000: __s12,300001- _ --~oo J _ _ s2~~00 _ _p300 J__ S13,53000 :_ ____ S5369 j S22,01290 j · $32.oo j__ s1J.120.oo i.·:::::...= SS8_.oot:)23?eo.oo
~-i--__ :_=~~~~~ ~ ~-- -:_-_~: ~ ~~ -:~:~~ ~
/ _6_ JCONCRETE610EWALK4"_. I &40' SOFT , s200: $1,68000Ei250 $2,10000 $2.15, $1,80600 $319 $2,67960 $2,00' S1,680.00! __ .. , ,,$4.00.i $3360:oo
~. :.~.=.---:-~.·: .~.=~.-:~:~.-!~~r;:~-----· ~-·- ~ ~~ ~ s~T~ =-i-~~-= ~-~ ~ --:~:: ~·---~~ ~1----: :~:~ ~
;.. ~ !Ft~-~SIOEWAlX. 770; SOFT .. '. $100J_ ~77qOO ____ $100_1_ .. _ _S??.qoo_, ___ $1.25_1--· _ S96250. $1:18;_ $90860•
S3~ f s~·C::~ ~::·~: :~:~: +:=:~==._.S0~..50.j__,_$385.;90.
$2.00 .. $1,S,40.00~..
.~~l~~-~~~~.-
;__,~]"~~.~~~
;. --''--/~ """"'°'-- --····· . . _, 1; LUMP , SJ.ooo oo /·_SJ.ooo_oo] S2.ooooo f s2,000.00
_ 6. EACH _ .S3.SOOOO+_S21,00000; __ S7,SOOOOl ____$45(~00! ___ .s1 .•79000j -- _$10,74000 •. _....s1,,•'16_~....... ss.49600T
S2,565.oo i S2,~?.,IJIJ , ..... g~,,;o·-1··· S2.035.so.
S2,500.00
t. . . S?,000.00
1
_.S15,ooo.oo .• ___ $2,200~00. ___!13,200.00
s2.ooo.oo ; ....... ~~.~.?5~~ S3,375.oo
:-·-·-r-------.. ---susT6TAl..t - ...... t- 7
-·- - ' $52,89200 $87,470.00 ! $45,382.50· 1 i---··ssa:440)·4·.--· ·$54,495.01 :" $66.........50
c-_=::~..t.=:~-==·=-=·:·.==··~·~·~---·-r·~ ..... J. . · - - -7----- - . -- 1 ----=--~~L ........:. :.~.·- . • (--· · ...... .:.:. :.1.·: ,230. -·
RAIL ROAD REMOVAL
PARK STREET
ENGINEER'S ESTIMATE NOVEMBER 27, 2000
EN(;lp.jEER'S ESTIMATE LAKESI.DE CONSTRUC"flON FELCO OIVERSCO LINK C & 0 HUGHES
L-·· _ 1 1au~i ........
· oe5:~_~1P110H .................. UNIT _ .......~ ..~...~.R1Ce........... 1._~R.i.~E~~~~]-=·l~fCE....... .i,... ~ TofALP-RICE- :-- - PR1cE--;-ToTAC PRICE!-PRIC_E_jTOTAlPR1CE°CYR1Ce +!::a_TAi.. PR"ici
.f.9f~:~.~1~.§.... ·- ~RICE--7
_t.-t-.Q.•.!.:'.~.~--~ _............-.. . .
L. 1. ........ ___ 3 ._..... EACH .. _ .... SSOO.:OCI
l__2._.....c.g:.~~22Ao_r_C:P_ ..... i _____ 40 ....... ~a.Yo,_+ _____s~o._00~1__ ...~.00. 1 ·-----·s,o_:.oo_J ___ . -·~99,_qq ___ ss_oo L
f.· . . . . . . . . . . . . . . . .!.---~·'
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ssoo oo I .·-
s1.soo oo 1 .. S375 oo i __ s1. 125 oo
_ S360oo ~ _ _s,o_oo_J__ $40000 _____ SS&4L
__ S300 oo .. _ .. _ S900 00 1__ .. _S400 oo _s1,200 oo
$34560~ ___ s,o.. ooL-_~oo
·j~.:...T?'.'~.!"'C:•.,~v:..............
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S9,30000 1 ___ sssoo L__ ss,99000 _., S6960L s10,1seooj _ ~oo __ ss.990oo
1 $5,610:00
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; 6_ _ _ . . . ~ ~ 4 • ___ .... ~ 840 __ sa f!._.. _ s2_00_,_s1_,saooo_[---- S3_50 l ·-- _S2,94Q..OO_r----- s2_70 J.
...S2..!.2ssoo _:,___ s22s-+--- s1,89000; S2.101_ ....s1,16".00•.....____s1 :_9?l_~!,~..oo_
~~~ 1-· .
•
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; 8 ~!'REP~~,. SEED.ct.ASSA I _.300i ...... sa,vo:_ . 1.......... ss:?'..L....._-~.1-~·oo.......................ss..oo. ·/-........._....~~ •.100.00 S.?':.!:il? ..L............... s1,6so oo ; _ S2 15 :_ __ S825 oo 1 S2 22; _ .... S666:oof .. ----··-s10.oo_ _ ~.CXX).oo
r=9=-t~~.SUWAU< :· . • . _ 7701.... _ SQ.FT.....:. . ...... s1.,oo+.-- ..... ~??~-.oo .. ·-............... $5..oo ......--·--~'-8.?.Q:QC:I. ·--·-·"__ J?.:,C>Q .. j... _..... _.. __ ,s.1 .. ~.:9C> . l............. ·--·~.1..:!.~ .L....
S1,.347:50 SO 721 ·- $554.40 ~...... -•· ......: s{oo -~::..-sJ?(foo:.
1_1!_1--- ---;~~TO~~i~~~~l- LUM~~~:: SJ,~~!-!'::: __S2.~IJIJ:
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;::: ~.00 ~:::r-~,~,~-:-~~; _ _ :~1~00 ~==r---~!.ns001 .::~:
$600.oo;...... S3.600.00)._, __S2_.~CJC? $1~(~.oo
RAIL ROAD REMOVAL
SOUTHERN AVENUE
ENGINEER'S ESTIMATE DECEMBER 01, 2000
ENGINEER'S ESTIMATE K &R JACKSON-MERKEY NOBLES INC DIVERSIFIED GRANT T0\-\1:;R
"~ ~--:.r. _.- -· · . -. DESCRIPTION
1 _.;ADJUST CATCH BASIN CASTWG
. QUANTITY
2:,
UNIT
EACH
PRICE ... ····•·---PRICE . .., .. ~ ...f='..RIC~ .... J:~!Qf~rP_~i:¢t ,..i::::. .
$300.00 i _$600,001· $300,._C)() !~_~$60().~ 1. $335.00 !
:~!'-~i_t;;:~_::: .:.
1......):q"!,~~- PRICE
$670.00
PRICE
$1,180.00:
: TOTAL PRICE,
$2,360.00.
PRICE . TOTAL PRICE i. -··- ~fUCE, _j_:r_()_TAL PRICE
$350.00 .1 $700.00 '.. . .s1so.oo.' $1,500.00
2 iAGG.SASECOUlSEUAASNEEDEO TON $15.oo·i:··· ....... $15.00. . s20 . Cx:i"!. sio:cxff"·-·. . $35.Dq~i" .. $35.00 S29.50 . 529.50 : . $125.oo .... $125.00 1········-. $25.00 ·i·-·~- $25.oo
3 · 1Aoo~-BASE-COURSE 22A Gr clP 355' SQ.YO. · sa.oo· '. · s2,84o oo r ···· ···-.srnoo.·1. ~~~-- 53.~~CXl-j•·~--.~. :·. .
se:50.J-· S3,011.so:~,:- ---_-.s1 .1 . 00 , $4, 1e9.oo s11.8"' · · - s-4.203.20 i· - ~.···~s10.00 T--
S3,5so.oo
4+:arr.LE\fEUNGMIXIS3801e5illo'S.Y. 32;. TON
TON
$50.00 i
S60 oo :
$1,600.00 '.
s1,920 oo :
··-·.S94.(X) ·~~S~ ..r··- ~:'i:xi· .·. ··:·· .
s1~:.oo. f.. .
··s,10 oo··•··········-····s3,s2ci·oo·..•···-····· $121· oo ·•·..
$3,296.0<f;.:- ·.. $11.0'.92 i
s3.B72 oo ·
$3,549.44 .
· s129.ao·; ·· S4. 153.so I
$94.00
s110.00 .
$3,008.00 '. - ~ .. _" $114.00 1. ·~ :i3 648.00
sa.S20.oo • · ·s133.oo ·: ""54:2ss.oo
•·s :JBIT.i.rCJP. ~-~-0_ 1~,v.__ • 32,
, _ 6_jCATCH_l!IASIN_CASTNG E,J.s:5105 OREO ! 'I EACH. _540000:-~: _$40000[-·· _$40000i=~==-S400:oo:_-..:.$54500j S54500,. S944.oo··, . . $944.ooj .. ssoo.ooL. ssoo.ooi .....-S625..oo~r=~S625.00
. EACH $45000 J. ·-· $45000 $50000 r ·- __ $50000 ___ $54500 i $54500 $944,00 l. $944.00 i $500.00 i ... $500.00.J.. ......... S665:00.I·---•-·· $665.00
i 7 !CATCHBASINCASTINGE.J.'70t50REQ.
t_:a.:t~~~~--~_:f:;.._MOO~. _j_ "' oo oo I oo so , •·-·--• 2. oo. · ..·.J--..·S:i·.'.2.,. 2.'.~
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: 9 tCONCRETEORNEAPPROI.CHS-STD i
234:
69:·
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SQ.YO.
SQ.FT.
s12 L.s2.BOB oo _ -·- s15
$2600 :____ $1,79400 I $3500
f_____ S3.s10
$2,41500
. $2.SOJ. __ $2,237.50... ···----$2.SO__J _____$_2!-23?.:.SOJ ____ ., __ S2,()5 .i ...
s14 1s 1___ __ $3,451
$2B75 --- -- $1,98375_.
$1,834.75.
s1.t~1 ..: S4.,.003.74 .L..... ......... •. 14.oo·.f·.--· S3 . . 76..oo .L. . . . _._s. 1~_..
$42.48' .... S2.. ~31:12 ; .. _.......S28.00 ·-···-$1,932,004.-•--····-·~5:.CX>.t-_~.105.00
$3.19, $2,855.05 [ $2.00 i __ .
11,790.00 .L....._._$4:00.L .... _$3,580.00 !
368, SQ.FT. $3.50 l-.,... _ S1,288.00 1... .............. S3._7_5.J _.............s.1,3a:9_..()()_j........ _...... 52:.9~..J ...... .. S1,085.60 ........ $4'.37.; S1,608.16.: $3.00 , S1, 10'4.00 '. __ ··- S5,.00 .~........S1.,840.00;
··12 ···:MACHIHE·GAAOING MOOIFl£D 111_ UN. FT. s12.oo,..: ............ s1.404,ClO i..............
sso..00 ..1..........-.......S?i.!:'?9·.qo,. . . _. _. . . . .
S.1~:Sl),.L... .. s1,B13.50 .sas.-40 I 54.141.BO s12.oo ; s1.404.oo 1........ .... s22.oo.-f-"····-- S2.!;74._oo i
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13 "iPREPAREl)SOL'&SEEDCLAS~.-A '.
: 14. ··1REMOVING·COHCRETESUWAUt-
i 15:~ ~_C0HC.ORIVf:APPROACH
·
;
:;;
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$15.00) $1,485.00 I
$10.00 l $990.00 I $12.00 I
$1,188.00
. ·!~:::: . :~:~ ; $~~:: !
$23.60) $2,336.40 · $2000 I
::: j ... $1,980.00
:~:::: t"·- . ····· :':··1·····~~···•$;::.~ I
· $500 $49500 i
I 16 .. REMOVNO.PA\/EMENTWCURS (BIT. CN° .. 310! SQ.YD. s15.oo,.L.~:.:.~..sso.oo , .. ~-~ ..... s1.o.-.90 ... j. ~:::.:.::.:..:.s~~.1.~;.oo...1:.::~:.:::.~.~1u?...1................ $3,642.50 S29.so: .s9,145.oo s1200 1 53,120.001 s5oo 1_:_s1,ssooo J
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1 ········ .,..,so,o! ····-··1·:ss,:.,..,,j•• -·
.......
1
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1
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9Q
RAIL ROAD REMOVAL
SOUTHERN AVENUE
ENGINEER'S ESTIMATE DECEMBER 01, 2000
ENGINE.E~'S ESTl~TE LAKESIDE CONSTRUCTION FELCO OIVERSCO LINK C & 0 HUGHES
-~~'_ _ _.PE~¢.Ffi~6~~·. ·-·· · ...... ~QUANTITY:. uN1r'· · ···' · PRICE-·· :_::_ PRtcE -- : _ PRICE · 1 TOTAL PRICE I PRICE j roTAL PRICE · --- PR1CE ·- _)oTAL PRIC( - PRICE I TOTAL PR1c(_ -:-~PRICE-- j_ro,:_AL PR1cE/
.
t. =~. J.:~.·~. ~~~z-:=:::e~-:
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,
•
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TON.
$30000
_s::~
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$60000!
-~~.~:-=- :~~:r_.
$35000 I
$9400]
1
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$700~$40000
- $3,00800 .. $10000!__
-~r:j~: -
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-s2.:::::=-~~r,~~:r;~·~·$3.:::! -·
$320000 $94001
$75000
S3,008001 .... S112.80 ...• S3.609.60[.
$30000' $60000~
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$40000 . ~ 0 0
S9400· ___$3,00BOO
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.. ·"" .. ·.y· . 32j TON SS000!--.-~1,92000 $11000 - .~3,52000_ --- $12500j $4,00000 ___ s11000-1 $3,520001 .S132.00 $4,224.oo; __ s110001 ~.52000
i .. 6 .. !CATCHSASIN~TINOE~ ..S1050REQ• 1j. EACH $40000• __ $40000 S4SOOOl_ $45000 $500001 S50000' _$70000: $70000, $410.~ $41040' _$60000r= $60000
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: . 10 ...iCONCRETE.$10EWAU(•· . . • 895! SQ.FT. s2.so l ··-·
s2.,.237.so j.... ..s3.so $3,132 so .. s2:.4o L. s2.14B.oo' .... s2.-.2sJ .. s2.013.75: s2.10 r. .. s1,e19.so !--··-···-·s1:asL_.~~..sss}5
....11 .... le<;)NCRETEMlEWALKr 368! sa.FT. S3.SO .:.... s1,2BS.oo .I $4.SO .... s.~.,.e~:.~..................... S3.10..1. s1. 140.eo .... S3,oo : .. s1. 10'4.oo S2.64 ! S971.s2 : s2.10.1..... -...... 5993.60
L.. 12.JMACHSNE..~UOOIFlEO
13 !PREPAREDSOll.&seEOClAMA .
117;
400,
LIN. FT.
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$12.00j __ .__ ,.$1,404,00 1............ S25:<X:l... .....
ss.oo j __ 12,000.00. se.oo
S2,925,00 ···-·-·-·-..······~'·50·I·.···
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..... 5994.50 · ...........~26 . 00...i
.. S2,000.oo s2.1s ·
$3,0'42.00
s1.100.oo:
l. ..S2.~
. sz.22
_ $280 80 ! .
S88800 j
_ $10 001 __ $1, 17000
_ s1000 ____ $-4,00000
14 'REMOVING CONCRETE SIOEWAU( 800: .. SQ.FT. $1.00 l... ...... $800.00.. 1
. $6.00 ........ ~•809.,00 .S2.,.10._' ... $1,680.00 $1.75 ! $1,400.00 I $0.72 $576 00 t _ 1
$1 001··-·•···- $800 00
~_ 1s jREMOV1NO CONC.
.__16 -lREMOylNO ~
AWAOACH.
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..
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.. ·---······ s10.eo.
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$2,~.~or--~-.~:.~+--·~•.~.:..OO S9,90<?:00 ___ •.... $600.00_, ___S1~~:00 ,I...._S2~..:..0Q1--~~~....:...oo.
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RAIL ROAD REMOVAL
SEVENTH STREET NORTH OF LAKETON
ENGINEER'S ESTMATE JUNE 30. 2000
ENGINEER'S ESTIMATE K& R JACKSON-MERKEY NOBLES INC DIVERSIFIED GRANT TOVv'ER
"·- .. ~ -) ..." - . -~_DESCRIP_T_ION _!,QUANTITY~ . UNIT PRICE ' j_T.Q::r~.
PRJC_EJ ___ ,_ .. £'.~_1_c_~:.::·:_:1~:r.9TACPR"i'CE"-·T ...... PR1CE" .. "T
TOTAL PRICE -~~ICE_ ; TOTAL PRICE:.• PRICE : TOTAl.. PRICE; ·- PRICE . "iTOTAL PRJCE 1
r~_-J---1~:::..::~ -~ ··=···: s:1~= ·:~--$~:~_t~----- s:-~~-.:1=~~= :t_~:~-~ _____:s::;~ ~~~ -· . ~~ ~ -:::::~~ · .,.:: 1
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$840.00:
$4.725.oo.
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SJ.50; _ .. S245.oo L.
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RAIL ROAD REMOVAL
SEVENTH STREET NORTH OF LAKETON
ENGINEER'S ESTIMATE JUNE 30, 2000
t~t: s~IIr~: "9I •.~~~~.-.-.· ·•R~~r~:~¥F:Y"E~1~;~~~;~fil: ~:~~~~FT::~~~r-~~~~ :TOT~j'~l~•RE~lTOT~~'E! -::.~w~s:~]rE
ENGINEER'S ~STI.MA!~ .. . LAKESl[)E CON~T.R:UCTl.9.N. .. . FELCO.. . . .. .. . . . OIVERSCO LINK C & 0 HUGHES
1
10
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i_ . s .... i . ~..err.SURF.t.ee ...... 22: _sa.vo.. s1000 -· s22000 _s,soo; -··-·S330?J ____ s10.001 S22().~oo.~ .... ~.J>o..i..... sns.oo. 5648 S142S6J ........... _..s10.oo~,---~. oo:
L... .9 . .J~.eoNeRETEDRIYEAPP. .... 3. SQ.YD. $1800 -- $5400 -- _$5000: $15000 $50.00 I $150.00; ·····--··--$8_.00 ..i. $24.00 $648 $19441 ................. sso,~1"-·-·s.150ioo"
:_10_iRE110VWOCONCRETECURS . 55[ UN.FT. . $600 ___ $33000 $600! __ .S330_0Q_ ____ ~.10:00._j ____ . ___ S550.00; ... _S10.00f .. $550.00 $360 $196001 -····$10:00 $550_.00
1 11 REMOWIQCONCA£TESIOEWAU( , • 271-- SOFT , $100 ----- $2700 ·--- $600_: _______ S162_00 _ -·- .~.-.QCl..,____ $J~:.oo.J ....--·-- ~:.OOJ ... _ .... $81.00 $072 .. $1944 ········..-".s1:oo _ .S27..oo.
13 REIIOVWOAALROAD~--· 1 ~H--,-----~.,.~.00; $3.500.00 $2,000.00: ~.000.00 ~.000.00 $4,000.00 . $4,050.00: $4,050.00... "······-····~·~·-·--~.QI? - ~...~~ $3,250.00
:.·.=: ~~ ..... ~0,,2,00
1
~--+--::_·_·.-_·_.::::::_·-_-:~~o':-~!.:": _::::1 :::-~. i s11.0,a.oo S13.087.so • -..t::•1~5'!!i"'.F=-: :-:::J~~1,)~:.. t I s11.665.10
RAIL ROAD REMOVAL
FOREST & EIGHTH
ENGINEER'S ESTIMATE DECEMBER 01, 2000
ENGINEER'S ESTIMATE K&R =~~~~Jf'CKSqN~~~.t<EY__ ._ _ _ NOBLES INC . DIVERSIFIED G~T TO'NER
[::..:.::·_--~:0ESCR1PTION QUANTITY UNIT PRICE: .[:.~..PRrce· ., ...".. P.~!C:E_ :....".:roTALPR1ce I Lro:rAL
PR1cE ········ ." ·· ··roTAL.:~Ri_Ce ··· ....... _:: . 1>._1:~1ce_ .... PR1c( PR1ce TOTAL PR1ce · PR_1ce· ·· ..i rorAL PRICE
:.-:--c]AG:.G~BA.SECOURSE22AOll"CIP 314, . SO.YO. _ $6.00..f_ --- $1,884.00 i .,.. _____ $9.00.' -····----··$2,_826.00__ , ______ ,, .. s1.,sc,J ........ ___ S2!355.00 :. _ .. $11.80 ~ -·· $3,705.20 , • _$1 .00 ; $4,396.00 . . ss:OO.L...:..s,.s10.00
,.. - .. 2 _ .JBIT. LEVEUNG MIX fl& O 185A'S.Y. 30, TON $50.00 .!, __ """ $1_,500.00 .. '.. ,. -- $94.00 ····-···-·· s2 •.~2_oi.0Cl...j..."__ ,. __ $~_03}XJ..l . -·-··-·· ... _$3,090.00-:-: .. ____ $110.92 j $3,327.60 ! $94.00 $2,820.00 .. $11•Ul0 !.. _-- $3,<120.00
3 !BIT. TOPMIXMC0185M.Y. 30_ TON $60.00.i ·"·-•··$1,BOO/lO; ..s110.oq. ··-"S3,~J>().L."......-..~.121.00 ! $3,630.00~~ ".S129.so.: $3,894.00 $110.00 $3,300.00 $133.00 i.... s.3,99Ct(l0
,_ 4 - 1CATCH BAS1NCASTINGEJ'70f50REO 2 EACH $500.00_f .. $1,.000.00 .. ' $500.()0, $1,000.00 ' . S.5;45,.90 i . $1,090.00 .. $944.00 ' $1,888.00 ; $450.00 a $900.00 5665.00 ·! ..... $1 330 ·oo
j -5 . tCATCH8ASIHr1.o. 2; EACH s1.200.oo C"_··
s2,400.oo j s~ 12(?0..oo · ···--)f:360.00T~
.. s2,400.00: ·:·
1
s2.120.00 i · s1. 1so.oo i 52,360.oo ssoo.oo . s1.200.00 ... S995.oo J-~·"····s,;·990:00
....).-_.f~.CURB&.CUTTERSTD. 210. LIN.FT. ........ S12.00J_....... S2.i520.00._._.......--••·•~15.:~............ __ "·•·~·'·~·-S9::.~.. $11.95:. $2,50950 $19.<17; $4,088.70 I $12.00 i $2,520.00 : .., ..S22.00J....:.:=$4,620.00
1,_...-7._r~ ~ ... .. .. _ soo; ... _sc,FT. ·-· l . s:z,.00...1 __ ..s.~..pcX>.O().+."-·----.. ~'.~. . ···--·--·-·~~. ."2,~.00 s2.40 I
SJ.,.~~-.CXl 1...• _.___ S3..,s.L. s1:s9s,oo .i .. ...... .. 52.50 s1!250.oo ..: . . . ... $4.-01? L .~. ooctoo
l ~,.-1-~-~MODFIED __ 1os: LIN.FT: s12.~.L--.-~~..-260:0(). • sso.09_·····---•--·'·§·1~50.oo s1a.50 I SJ.,.~~~~ .,..•.·-·-·-·S35.40..L_... S3.?~?.:00.L ...........s12.00 1 s1!260.oo.(:···:~·~···:~2,_:01j"J - , 2. ~.:00
:-·9 ···iPREPARED:sou SEED Cl.ASSA •751 SC.YO. S5.00 j $2,375.00 ! . $4.00 SJ,900.00 ·····---··'3.60 ·1 $3.54 ; .
$1,710.00 $1,681.50 I $6.50 j se."oo··(·-:~~;aso.oo
$3,087.50 --·- ·--·.
,.. 10 .. iREUCMNGCONCRETESIDEWAUC 340; sc.FT. s1.00 f·-- ..s340.oo_: ...... " .. s1.00.. ......534().00 ···"··"·--·· s1.,50., ............ ss10.oo. . s1.1a i 5401.20 l S2.oo i $680.00; so.so s110.00,
,.. ..1) ..."Ii REMOVING.MANHOLE 1l EACH s100.00 ··I·--·-·· . s100,00 ..~-.oo. ·.··..····---··-·.. ~:.QC:I.·-···-···~'·~··L.-........_..... .S650JJO...,.. ..~J., 1ao:oo ..:.... s1. 1ao.oo I S400.00 ; S400.00 : s11s.oo.: ___ ·S715.oo ,
~ ...1?_,REIIOVWG.PA'SENTWCUR8(2"BIT. 269: SO.YO. $15:00.J.._._ $4,035,!X). _S1(:1 ..00 . L .... _. __.g,.~~:.99. ·-·"·"··-·~1.~:~.. 1__ ......... _$3,550.80 ..... S23'.60__1, $6,348.40 ! . S12.00; S3,228.00: . $4:00.., ___ .S1,076.00
: .. 13_ l~RAILRO,A,DCROSSING 3i EACH $3,500.00 !. __
$10,500.00 .S7,500.00 t-•·· --~2).500:00. -·~'775.00 I _. $8,325.00; $2,596.00) _ S7.788.00; $2,500.00 I $7,500.00 :. 52,200.00.. S6,60000
f..!.•_+s:r!"".........,0-0,c.1.cu,. 1221 .LIN.FT. S30,00.J·-··-S3'~'00· $50.00' $6,100.00 ..- .......I33,.!;(J.+ .$4,087.00' S4!,20 / .... $5,758,40 I. $33.00 I. $4,026.00' ssa,oo. ----~I-~76.00
!-- 1
·--~=:=-·· ·~~·-:·:~~~~~~~I=~=--~J~~~· __ ·-- , $3(974·:~::·: I S55,826.Q?._i i ~?-~~::~=:~~---1·--~~~~~-~L__ ·~-·-~~!:~·:.. I $39,61}:00~,
RAIL ROAD REMOVAL
FOREST & EIGHTH
ENGINEER'S ESTIMATE DECEMBER 01. 2000
c.~:: ·~F:. ~.=~.:. :.:.~ · l · ·~· .
ENGINEER'S.ESTIMATE . LAKESIDE CONSTRUCTION.. . ..FELCO OIVERSCO LINK C&OHUGHES
DESCRIPTION . l
CUAJ:fTITYf. -.:.:.- UNlf..~]---~...PRIC(... ·.... r.=~.PRICE ... .L...!9!~. .
P.R.ICE__ _" .. PR.ICE ····+-~·-·f:'.,~~¢.E..,·.·....-J-.-·•!9.!~:.P.:~1C~ ..:. l
- PRICE- ; TOTAL PRICE PRICE l TOTAL PRICEj --=PRJCe-·J.TOTAl PRICE
t.:~.::~·~~~~~~Y ..-
1
·· "·-·~~~:~~\::~::·-~~~. ···-·-··:--........... ,::·:J--·:!~·'..~:fu· ·::::=:.·~~~s!!'.66··L:=::::::::::::~·:!li;~::i. . . ._. . ~.1.~:~:.:c::. ::::·::::~:•;~::@.:·~ , _'.-~-- ,:! : ~- -:;·::: '. --- s1 ~ : I -·"::: ~ ~-- ·-.:~ :!~f"·--~.::.:
•= ~ ;--==~
__S3.30000_r _ ,,2000 ~
.=. •-.·.
i 3---l.~}?F':.Ml?l:~.0.1WtS:Y:. . '. ."_.. _30: ___ TON $60.00.:- ___ .,1.aoo_.00 .1 ..• ___ ,110001 _ ~3.60000 ,... ___,11~00_1 _ S3.30000 1_. $13200: __$3.96000. ____ ,11000J._S3.30000
~ !,. ':'.: ~ /- - ::~ ~ j ::::::-s,~: ~ j·-- .,~:;--~ !- - ~1----::: ' - j-- s~~~~-!f::·
5 5500
[=.;. .
L ..~ ..--1;··
:__1
. ·.~·.·.·<:H..·.·· •.·~i.lo.·,....._:~·.Y·~ ea ;
.J~CURB&OUTTER.S'Ttl.
.J~SIDEWALIC•·
-.--~-·!·•·;
soo!
~.g~.·
. 210).~.--·.LIN.FT.
•.'.·;···:·.~-=-:
......S12:00.!._
so.FT.
s2.00L .. _s1.000001
: ~.•. •.
...... . S2,52000j $1300'. _____ S2,73000 ____ S1200/
···'•200.
·.•.~
..
_ S450: __ s2.25000
__ S2,52000_
_ .s200 1____ s_1,<150oo.
_$20001_. $4.20000I
_ 5300: _s1.500oo 1
i~- :::~ $2160
5210
s1~~:
$4,53600"1
s1.osooo
. $185 _ $38850
____ s220 _s1.10000
i .. s. 'MA'?:':f'E.~MOOIFieo , •.• 1os: .... UN.FT. .s,2.00L...•. s1,26000 s1sooj _ _____
s1.57500 _____ ..ssso.>---~S892SO. _ S26oo:_ S2,13000, s240 s252oot ____ s1000 _s(osooo
i 9 l----·•15l__sc ..vo. 5?:,_00J. ___~.375_00 ____ saoo: S3,soooo $4001 s1,90000_;.. _____S2JSJ_ __ s1.3062Sf1 __ .S222 __ .s1.0S4sol _ _s1000_$4.7SOoo
~q .. i .. .__3401 .. __SQ.FT._+---··'1:DqJ_ _ S340_0?_ ____ $600_1 $2,04000 S21(?+---~s7,4_001 ____ .S1_J5J_ ___ S595001 . $072 ___ $24480 - - _s1.oo _ _=-$340.00
, 11 1i EACH $700,_00 ! $70000 $35000 !
r--12 •REMOVIHGPAV8ENT~(2"8rr. . . . -·2691--·sc.YD.-· ...... •-s,s.oo r-"4,rosoo·• - · - s10·00·~---,2.ss601)
S35000 $1,000~+ 1 $1,00000 I
50~-
$40000 $40000 1
$4,03500 i ----,1,--:-so·--$3,093 --,,soo·r $18000 $18000, $1,25000 Sf25000
$3,~~r:~·::~~i-?'•:~r :-==t:~~~1:==::·!•~~ ··~:~~; :s.;~~r ·~:~:~
$1080 -:----$2,90520 ;--,,ooo+--52'590-00
;:::=·1::-..=,~~ 1~! .L~;~ J ~: r······~:~~ :-~·:s,;~:~:::::=~
I .:____ -- -. _SUBTOTAL; I ----- ...._. 1
__$34,974.00' ·-·---- $36,807.00 $33,984.00. ·------< $441,278.25_1 j.. 1
$26,958.5() · ---·-- --$33,932~~..
RAIL ROAD REMOVAL
GRAND AVENUE
ENGINEER'S ESTIMATE JUNE 30. 2000
ENGINEER'S ESTIMATE K&R JACKSON-MERKEY NOBLES INC DIVERSIFIED GRANT", O'NER
DESCRIPTION QUANTITY UNIT PRICE L
PRICE_ ,...,.e:RJCE_,,.... r.·rotAL"P'Ric(J ....}:'..~.1-~E.........1
,...!9!~L PR~CE ·- P~ICE : TOTAL PRICE' PRICE 'TOTAL PRIC( PRICE__ I.!9:rAl.'PRICEI
1 ·" i~. ~ C00RSE 22A Q e" CIP . 270 SQ.YO. $6.00 i .. $1,620.00 i. -···•-··. SS!:OC!...i ......~:l,.~30.,QCl.i ................ S7.,50...:.............. $2,025.00. '"· ... S:11.80 $3,186.00 . S1•.00 : $3,780.00 .., .. .. . $5.00j_·-··· S1,350.00
_2 Bn':.l.EVELWG ~ S38 0 1&51W.Y. 25. TON sso.oo , ...... s1.2so.oo l . . S94 oo ' ___ s2_.3so oo_ . __.s103.00J s2.s_7s.oo ,. ___s~10.92 s2.773.oo , . ss..oo ; _sz,350.oo .i--- ._s11•..oo.. 4. __ s2\~.00
3 81T. TOP MIX NCO 1tsa'S.Y. 2s: TON sso.oo J . s1.500.oo i s11000 J ___ S2,7sooo I1
!121 ..00 L. ...... .s3,025:QO _ ..... _!129.eo, $3.2•s.oo. s110.00: 52,750.oo : ........s1.33.oo.f-.~.".S:3,32~.oo
• BOFIROWFIU. .. 100: CU.YO. sa.oo. ! seoo.oo : ... s10 oo ; .. _ _ s1,000 oo _ .................51? . so. l.. .. S650.oo .......... S9.4'l S944.oo : sa.oo J seoo.oo ; ,. S9.oo. L...... S900.oo
5 _ CONCRETE Cl.Re & GUTTER STD. 200: UN.FT.
~;'.:J····•--:· s~~'.~· i· :·:· . ·····~~~:~J=~~:·=~:mJ~·: ~~=::::JJ~:t:. 1·----·· . ..s2~::-t:~~~~~·=·::!~:~ ! . ~:~::::.: ; ~:: s2s:;:: i. ·. . :~ . ~· :~:. L=·:: ~:~::
6 CONCRE'rel:lttYE'-PJ'.STD.e- 28' SQ.YO.
7
ai..
CONCRETESUWAL.K4•
w.c:teE ORA01NG M001F1EO
r····g- PREPAREI)SOl."nEEDCl.A$SA I. .
. 7-40j' .
340i
SQ.FT.
U\I, FT.
SQ.YD.
.s~~:.~J=~:;~.:;;.~::.1~-~:=:=:=~.~~~. !-"······..-·.~~~::·" ...........·-· s~~~:L==:: : : ~: : !}:~!.~;;. L:·-••·~:.!6.L .: ::.::: .i
····t---$.···.'.loo.~oq. ·. . •. ··--·--.. $5.~.J_. .....s.. ~...~7.?.0? .L. ·.··-·-·-.··. S3.5"_..l.......... s1.200,60. rl....
s~:: _. . !!:::~J.:.~:~-~~~:~~.~;:}=::.:~:
t .. ·-···--·ss::,1.:io ~·'.9<1....i . s1 .• 350-00. $3-_7~·-+-.. . $6.50 . ··-·· $2,210,00 .l··-·-.·-·----~'..~.1.....-. .11,870. 00
-•~.]~:t:~: : :·t~~~~~-i==:: :- --~J~/-- ·•;!::T~i;~]:Ef :::f··s,.]~.;·. ~:::J:: ;~:~E::
[\~_ -REMCMNO~~:_!ORFACE. ,ss! so.Yo. . $8.:.00_L ____ $1,584.00 I.. ____ $9:9'?._:~
----- $4.80 I· .. $950.40 -·---"··-$11.80 . $2,336..40 . $12.00 .52.376,00. -- . •-- S3.00 l .___ .. 5594.00
' 11 REMOW«) CONCRETE DRIVE APP 38i SQ.YD. .. s1e.'.oo.L....... $684.00 L.............. S~:.OOJ.."··- ..---····-S·~2.00 S~4,00 ;.... . . ." $532:00 ;. ·- ... _S23.60 , . $896.80; S20.00. $760.00: ...• _..... $4.50.L._.. _ ..S171.00
;- 12 -tRalOVI'«)CONCRETE an &. GUTTER • 151 i LIN.FT.
:--,.1-
~-,3-·/REMOVWGCONCRETEIC>E'WAUi:
~~- +:::::::: ____ -___ ·:
IWL """1 ""?'"""'
SUBTOTAl.
•
:
0
500t
i
SO.FT.
EACH.
•···-----·--r···-··.......................,."··-·"-·•"·"·• ............ _________ .. 1._.......... .~---- . . . I ................
RAIL ROAD REMOVAL
GRAND AVENUE
ENGINEER'S ESTIMATE JUNE 30. 2000
ENGINEER'SESTIMATE LAKESIOECONSTRUCTlON FELCO .. OIVERSCO . LINK C&OHUGHES
l~::IJ~)~.:f:·~~~.~~--:~.::~··· }au~~! .5~~~; . ·:·~:~-::1~:~:[=:::::~~:~~:ooJ- 1 PRI~ ~T~~.~~{f~-~. f~ -PR1~;~ ; . _!.<?.~~~=~~. F~~~:~~;:~.J.~~.r:,:~:'~J PR1~· 40 ···!~.~~~~:1~e[.·~~~~.1~jil~j~=~st~:1~e.
2 . :e1T, LEVEUN01MX«s8 O m..-s.v.. . L.__. ..25" TON ........... sso,OC)... s1.,.2so.oo ..1...... _........ s~.:~...L.-...---••·~·2. . ~.~.;9()..1.,.... __ ....s.1.c?lrpo.L $2,500.00.. .. $94.00 1 $2,350.00 ' $112.80 $2,820.00 1 .. . $94.00 j s2..3:50.oo
~=-fJB1fT~-~~0..!~:'!':. _ _--- 25i TON _··--~:~+-··-~1.500.00 .' -·- ... s100.00.J__,..,... _.~,!~~OO...i ......... __s._1~ ..oo j .. S3,000.00 ,---·---~110.00., ....... S2,750.00. $132.00 .... ~.300.00 r:~~·. .
s1~o;oo~C~)2.,7so.oo
:--.-.•.·
..... s·--.LBORROW···.·
. · ·.·.·.· .... -.. '.-"'-.···---·-..
.......l~.~ .. . . .
.& GUTl(R STD.
·····- 1_001. -.- cu.Yo..
. .. 200; . LIN.FT.
·-- -~~~....J--..
. ......s12:.oo ssoct.oo..
...!-·-·-·-·!2,400.00 ..._ .. ·- ..... SJ
.............. s.•.·5···.'·oo·"·.J_.....
..3:.()().J." ___ .s~!~:~:~;i:"'f .•..•-......
_"·-·-·~~:.~:~]_._ "-··•ss
........ . . . .".,.oo.··.··.'.1.
S..1.~:.(:)(;) .$2,400.00
...$..500..:oo ·.·-'__
;,·-·-·-.. ·-·$20.00 s1:000.00 .il
s~.o.oo ii ·.·-··- $4,000.00 s1.20 __
$21.60 l -. $4.,320:oo l =-·=:=
s.. 10. 00.!='.s. .•
.sno.oo. 1. _ ... s1o){ • ooo.... oo
·--... sr110,oo.
r·~·::~]~=~ . . .. . s~:~:n· ~·~:.-:·~:~: . . .s~::~.l:.· ·---~~~~~~ -:.~.;~~:·~~.! ::: l . $~~:: }·· --~:. ~:.: ~!:~ .t·:~-.~t:~::
! 6 \CONCRETEDRIVEAPP.STD.r 28! SQ.YO. $28.00: $784.00 $32.00 $896.00 $30.00 I $840.00' $45.00 i $1,260.00: $2.6C I $73.92 1 $26.15 . $732_20·
1
:i · ·::::. ·s 2
~:: : --·~:: r: ... ~:~::;
tf~i~~~~.~ £--
r---,._._
==.Et~-:liE : :~[E.~f.-: :-:~~i=~==::~~ ;:.~.-.r.:-~.:. :-~~ijl
".sooool ___ ~1:::i -~-'~:::
~ R A L ~ ~. . : 2 . ~H .: ::53;20000
~.··.·1
S2,ooooo
;;~i:·:=:=.·.-.·.$.~lo.:f.:r::~~i.
s..00000:~_::oo; se,10000
~?,· __:s~~f: ~~~lf~t;~~~
ssoo.oo ~1.20000: __ S2.B75001- ss.1sooo
•·--~UB!O.TAL:t- ·---·-- ·-·---·· _.......... j --+--"~.8_9tClQ.. $28,020.00 .......J2.3:.~.2:.90.' : ~1.l_~.00 ____ S18!.5!'.00.!J_' S2_!,.~~
~-~--------- -- --' I
Commission Meeting Date: Tuesday, February 13, 2001
Date: February 5, 2001
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Demolition of existing structure at 1706 Jarman
and the construction of a single-family unit in
replacement
SUMMARY OF REQUEST: To direct the Community and
Neighborhood Services department and the Inspections department to
obtain bids to demolition the six-unit City-owned tax-reverted structure at
1706 Jarman also know as Castenholtz subdivision of blks 100, 101, &
103 to 120 including lots 6& 7 block 108. After demolition is completed
the CNS department is proposing to constructed a new single family unit
home on the lot. After construction of the home is completed the
structure will be sold to an eligible low or moderate-income family under
the guidelines of the city's HOME program.
FINANCIAL IMPACT: The cost of the demolition and the construction of
the new home will be funded through the City's FY 2000 HOME
program, by placing the property back on the tax rolls after completion of
construction the city will be relieved of the continued maintenance cost
and will begin receiving tax revenues from the site.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to begin solicitation for
demolition services and once completed to solicit for building contractors
to complete the construction of a new home.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
approved this request on January 16, 2001.
Page 1 of2
file://\\Muskdata\data\CNS\Griffin\pics\Jarman.jpg 2/5/01
.
_J II 11 11 11 I I I _ti 11111
MCILWRAITH ST
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m
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.
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111111111 111111111111 ~ --~
L.'+-1vv-,vv ,.,...,...,.., ~-
24-31-29-457-005 · COMMERCIAL AND INDUSTRIAL APPRAISAL CARD
1706 JARMAN ST
ADDRESS OF PROPERTY 170 6 Jarman st NO. OF CARDS CARD NO .
..,...,-v,.1..vu~ DESCRIPTION
CASTENHOLZ SUBDIVISION OF BLKS 100, 101 & 103 to 120 INCL
'th.eeEler:e W Ha,rernans Lots 6 and 7 Blk 108
222 ~ Slade 8 t 2.1. 2.1 ,-(ct',oQ.1 F\ I. JIR
-+.htskegen MI 4944ts
BUILDING SKETCH
I ->fS
• · I ,··1 LAND
@§
. ..
n.·····~··: EEB' . Dl'il':LAN:~1s•s1
: ' ':'.: .; !i i . ' ',-f-+···.-+·••j-+-
~ 1-; I . I I' '
·-t- '. I 1-·"1 '. VALUE
"'"'I "''°I 11 "'-'I/Cl'..'.)l/,l/?f"{~•ui I._,,- I I l'""'I
S?f;.;;. I I I I I I I I I I 4""-r I ?'.!!' "'~ I
-
~ PICTURE INSIDE
G•
DIRT ASSESSMENT B/R
REMARKS
GRAVEL ROLLING
+r- ,,
X I
PAVED
CURB
LOW
HIGH
:~~
SIDEWALK LANDSCAPED
~ I
---
WATER SWAMP
~
lie
y
I SEWER
ELECTRIC
GAS
LAKEFRONT
PERSON INTERVIEWED
EXAMINED BY
'"li-/-ax e.,
-~·~-,--~~
TOTAL
~;
ASSESSOR'S OFFICE CITY OF MUSKEGON.
Date: February 13, 2000
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Final Amendments to 2000 Budget
SUMMARY OF REQUEST: Adoption of the attached year-end amendments to the
City's 2000 Budget to assure compliance with the State Unifonn Budget Act. This act
requires that budgets for "governmental-type" funds (i.e. general fund, special revenue funds,
and debt service funds) be amended so that expenditures are not reported in the City's audit
as exceeding legal appropriations.
FINANCIAL IMPACT: These budget amendments establish the final 2000 authorized
revenue estimates and spending limits for the various City departments and funds. The
attached schedule shows how the amended budget varies from the original budget (and
subsequent budget reforecasts) previously approved by the City Commission. The attached
memorandum discusses the budget situation in more detail.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
9/18197
Finance
Administration
Memo
To: City Comm,:)
From: Finance If~
Date: February ~01
Re: 2000 Final Budget Amendments
Attached is a copy of the city's final 2000 amended budget. Remember that 1999 was a
year in which it seemed everything that could go wrong did go wrong. The "big three"
revenues (income tax, property tax and state-shared revenue) all produced less than in 1998
while at the same time expenses grew at a rapid rate. As a result, the City ended 1999 with
a fund balance of only $1,498,875 well below our 10% target balance. In contrast, I'm happy
to report that 2000 was a year in which everything seems to have gone right. Following are
some highlights of the 2000 budget.
Revenues
Three primary general fund revenue sources, when taken together, account for more than
three-quarters of total general fund income: income tax, property tax, and state shared
revenues. All three of these revenue sources produced substantially more revenue in 2000
than in 1999 and exceeded our budget projections.
City income tax - Income tax revenues were up more than $600,000 from 1999 and
surpassed the $7 million mark for the first time. The strong economy during the year was the
big factor but receipts were also enhanced by the diligent collection efforts of Income Tax
department staff. This effort is most readily seen in the interest and penalties category that
increased from $45,901 in 1999 to $70,290 in 2000.
Property tax - 2000 property taxes totaled $5,483,577 or $392,348 more than was collected
in 1999. There was no millage increase so this growth is fully attributable to economic
O:IFINANCE\PAUL\MyDocuments\MEMO - CITY COMMISSION 2000 BUDGET REVIEW.doc
activity and the administrative improvements achieved with transfer of assessing
responsibilities to the County Equalization Department.
State-shared revenue- The state overhauled the revenue sharing distribution formula in
1999. Because the city's fiscal year is different from the state's (and from most other cities),
timing of the new formula implementation caused 1999 revenues to fall dramatically and
2000 revenues to be higher than would be expected. Thus, the large growth in state shared
revenues (from $4,863,361 in 1999 to $5,486,700 in 2000) cannot be expected in the future.
Indeed we were recently informed to expect cutbacks in this revenue source during 2001.
In addition to the three major revenue sources, most other general fund revenues were
strong performers in 2000.
Expenditures
General fund expenditures totaled $22,048,560 through December 31 which is $70,137 less
than projected during the 3rd quarter budget reforecast and only $36,681 more than was
spent in 1999. Expenses were controlled by implementing a number of measures including
contracting out seasonal labor, eliminating large general fund capital expenses, and cutting
general fund transfers to the major and local street funds. In addition, departments generally
responded well to need for belt-tightening as indicated by the number of departments that
came in under budget and/or spent less in 2000 than in 1999.
Summary
2000 was unquestionably a good financial year for the general fund. While ii is unrealistic to
expect results to again be as favorable in 2001, the fact that we effectively responded to our
problems and put our financial house in order during 2000 puts the City in a favorable
position to deal with the significant challenges that lie ahead:
• Economic slowdown - Both local and national economies have slowed down in recent
months. To what extent the slowdown impacts the City's budget is unknown, but clearly
with more than 50% of revenues coming from two highly sensitive sources (income tax
and state-shared sales taxes), we can expect some negative impact.
• 2000 Census - Projections indicate the city will lose population, which will erode state
and federal funding sources. We expect to have 2000 census figures in April.
• Rising healthcare costs - The City receives a double jolt from rising health costs since it
provides generous health benefits not only to active employees but also for 300+ city
retirees and their beneficiaries. We have been told to expect double-digit rate increases
for the foreseeable future.
• Phase-out of federal police grants - Fourteen police positions have been added in recent
years through the assistance of generous federal grant programs. The grants do not
provide recurring funding beyond three years and are rapidly phasing out.
Thank you and if you have any questions please let me know.
• Page2
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 23,745,700 22,299,000 2,945,575
City of Muskegon
Final Amended 2000 Budget• General Fund
General Fund Revenue Summary By Source
Last Budget
Original Budget Reforecast Actual Thru Final 2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Amended Budget Latest Reforecast
Available Fund Balance - BOY $ 2,059,875 $ 1,824,058 $ 1,498,876 $ 1,498,876 $ 1,498,876 $
Taxes
City income tax $ 6,425,149 $ 6,600,000 $ 6,750,000 $ 7,026,532 $ 7,026,500 $ 276,500
Property taxes - general 3,601,411 3,789,655 3,789,655 3,853,086 3,853,000 63,345
Property taxes - sanitation 1,489,818 1,603,967 1,603,967 1,630,491 1,630,400 26,433
Industrial facilities taxes 353,151 335,741 361,607 362,676 362,600 993
Payments in lieu of taxes 71,608 80,000 80,000 69,148 69,100 (10,900)
Delinquent chargeback collected 19,886 10,000 10,000 3,769 3,700 (6,300)
$ 11,961,023 $ 12,419,363 $ 12,595,229 $ 12,945,702 $ 12,945,300 $ 350,071
Licenses and permits
Business licenses $ 25,008 $ 45,000 $ 35,000 $ 32,363 $ 32,300 $ (2,700)
Liquor licenses 28,458 35,000 35,000 35,511 35,500 500
Cable TV franchise fees 338,325 230,000 280,000 326,504 326,500 46,500
Housing licenses 66,147 115,000 65,000 62,965 62,900 (2,100)
Burial permits 94,955 110,000 100,000 104,160 104,100 4,100
Building permits 285,865 200,000 250,000 368,333 368,300 118,300
Electrical permits 77,375 70,000 75,000 87,692 87,600 12,600
Plumbing permits 38,448 35,000 45,000 45,147 45,100 100
Heating permits 57,326 60,000 70,000 62,847 62,800 (7,200)
Franchise fees 2,100 1,100 1,100 (1,000)
Police gun registration 3,870 4,000 4,000 1,879 1,800 (2,200)
$ 1,015,777 $ 904,000 $ 961,100 $ 1,128,501 $ 1,128,000 $ 166,900
Federal grants
Federal operational grant $ 423,208 $ 500,349 $ 473,961 $ 522,111 $ 522,100 $ 48,139
$ 423,208 $ 500,349 $ 473,961 $ 522,111 $ 522,100 $ 48,139
State grants
State operational grant $ $ $ $ $ $
$ $ $ $ $ $
State shared revenue
Single business tax $ $ $ $ $ $
State sales tax 4,863,361 5,225,000 5,481,147 5,486,712 5,486,700 5,553
$ 4,863,361 $ 5,225,000 $ 5,481,147 $ 5,486,712 $ 5,486,700 $ 5,553
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Revenue Summary By Source
Last Budget
Original Budget Reforecast Actual Thru Final 2000 Change From
Actual 1999 Estimate 2000 (913012000) December 2000 Amended Budget Latest Reforecast
Other charges for sales and services
Tax administration fees $ 213,714 $ 219,000 $ 219,000 $ 224,399 $ 224,300 $ 5,300
Utility administration fees 172,998 166,032 166,032 166,032 166,000 (32)
Reimbursement for elections 10,459 20,000 57,000 30,568 30,500 (26,500)
Indirect cost reimbursement 840,034 825,000 925,008 925,008 925,000 (8)
SiteMplan review fee 4,000 4,000 1,800 1,800 (2,200)
Sale of cemetery lots 12,923 20,000 15,000 24,269 24,200 9,200
Sale of columbarium niches 3,000 1,325 1,300 (1,700)
Sale of Harbortown dockominiums 80,500 6,534
Police miscellaneous 68,663 65,000 65,000 67,711 67,700 2,700
Police impound fees 11,000 38,576 38,500 27,500
Fire protectionMstate property 75,055 75,000 80,000 83,093 83,000 3,000
Zoning fees 12,305 7,500 7,500 9,325 9,300 1,800
Clerk fees 604 7,000 1,000 2,586 2,500 1,500
IFT application fees 6,369 5,000 5,000 9,917 9,900 4,900
Treasurer fees 4,374 1,500 3,000 26,654 26,600 23,600
False alarm fees 17,727 10,000 10,000 16,439 16,400 6,400
Miscellaneous cemetery income 25,599 23,000 23,000 21,224 21,200 (1,800)
Housing commission reimbursement 16,750 10,000 23,503 23,503 23,500 (3)
Senior transit program fees 8,521 8,000 8,000 8,261 8,200 200
Fire miscellaneous 9,311 40,000 40,000 25,798 25,700 (14,300)
Sanitation stickers 36,519 35,000 35,000 40,774 40,700 5,700
Lot cleanup fees 121,148 75,000 65,000 96,998 96,900 31,900
Reimbursements for mowings 62,525 20,000 20,000 107,400 107,400 87,400
Recreation program fees 115,817 135,000 125,000 139,426 139,400 14,400
$ 1,911,915 $ 1,777,566 $ 1,911,043 $ 2,091,086 $ 2,090,000 $ 178,957
Interest and rental income
Interest $ 314,639 $ 375,000 $ 320,000 $ 353,605 $ 353,600 $ 33,600
Flea market 25,418 29,000 27,000 25,269 25,200 (1,800)
Farmers market 20,905 20,000 20,000 22,040 22,000 2,000
City right of way rental 6,400 4,400 4,400 6,400 6,400 2,000
Parking ramp rentals 27,266 35,000 49,000 46,819 46,800 (2,200)
McGraft park rentals 43,270 52,703 50,000 55,518 55,500 5,500
Other park rentals 27,851 45,000 30,000 31,919 31,900 1,900
$ 465,749 $ 561,103 $ 500,400 $ 541,570 $ 541,400 $ 41,000
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Revenue Summary By Source
Last Budget
Original Budget Reforecast Actual Thru Final 2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Amended Budget Latest Reforecast
Fines and fees
Income tax- penalty and interest $ 45,901 $ 35,000 $ 50,000 $ 70,290 $ 70,200 $ 20,200
Late fees on current taxes 7,192 15,000 34,515 40,167 40,100 5,585
Interest on late invoices 17,519 1,200 1,200 (29) (1,200)
Civil infraction fines (983) 3,000 3,000 (3,000)
Property transfer affidavit fines 30,000 10,000 6,400 6,400 (3,600)
Parking fines 82,772 60,000 60,000 41,829 41,800 (18,200)
Court fines 124,968 150,000 150,000 179,662 179,600 29,600
$ 277,369 $ 294,200 $ 308,715 $ 338,319 $ 338,100 $ 29,385
Other revenue
Sale of !and and assets $ 2,650 $ 3,000 $ 3,000 $ 350 $ 300 $ (2,700)
Police sale and auction proceeds 3,991 6,000 6,000 3,214 3,200 (2,800)
CDBG program reimbursements 254,279 273,000 303,122 396,167 396,100 92,978
Contributions 64,165 5,000 47,000 63,343 63,300 16,300
Muskegon County Community Foundation 5,400 4,650 5,650 5,600 950
Miscellaneous reimbursements 3,000 3,000 (3,000)
Miscellaneous and sundry 30,786 20,000 20,000 13,625 13,600 (6,400)
$ 355,871 $ 315,400 $ 386,772 $ 482,349 $ 482,100 $ 95,328
Other financing sources
Operating transfers in $ 177,408 $ 150,000 $ 180,000 $ 212,070 $ 212,000 $ 32,000
Operating transfers in -LDFA 11 pass-thru 102,000 102,000 (102,000)
$ 177,408 $ 252,000 $ 282,000 $ 212,070 $ 212,000 $ (70,000)
Total _2.eneral fund revenues and other sources $ 21,451,681 $ 22,248,981 $ 22,900,367 $ 23,748,420 $ 23,745,700 $ 845,333
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
last Budget Actual As
Original Budget Reforecast Actual Thru %of Final 2000 Change From
Actual 1999 Estimate2000 (9/30/2000) December 2000 Revised Amended Budget latest Reforecast
I. Customer Value Added Activities
40301 Police Department
5100 Salaries & Benefits $ 5,371,889 $ 5,256,058 $ 5,549,086 $ 5,421,663 98% $ 5,422,000 $ (127,086)
5200 Operating Supplies 127,053 120,000 120,000 148,156 123% 149,000 29,000
5300 Contractual Services 725,960 820,000 820,000 940,086 115% 941,000 121,000
5400 Other Expenses 47,181 30,300 45,000 53,924 120% 54,000 9,000
5700 Capital Outlays 88,075 15,000 140,000 171,358 122% 172,000 32,000
5900 Other Financing Uses NIA
$ 6,360,158 $ 6,241,358 $ 6,674,086 $ 6,735,187 101% $ 6,738,000 $ 63,914
40333 Police Narcotics Unit
5100 Salaries & Benefits $ 351,830 $ 346,968 $ 355,343 $ 403,645 114% $ 404,000 $ 48,657
5200 Operating Supplies 7,914 5,000 8,000 11,381 142% 12,000 4,000
5300 Contractual Services 14,831 10,000 10,000 13,899 139% 14,000 4,000
5400 Other Expenses 39 300 318 106% 1,000 700
5700 Capital Outlays 22,171 19,672 35,000 36,195 103% 37,000 2,000
5900 Other Financing Uses NIA
$ 396,785 $ 381,640 $ 408,643 $ 465,438 114% $ 468,000 $ 59,357
$ 6,756,943 $ 6,622,998 $ 7,082,729 $ 7,200,625 102% $ 7,206,000 $ 123,271
- ---·-· -
50336 Fire Department
5100 Salaries & Benefits $ 2,673,009 $ 2,568,305 $ 2,663,471 $ 2,708,005 102% $ 2,709,000 $ 45,529
5200 Operating Supplies 113,467 98,000 98,000 97,561 100% 98,000
5300 Contractual Services 156,160 150,000 140,000 133,101 95% 134,000 (6,000)
5400 Other Expenses 20,291 20,000 15,000 10,051 67% 11,000 (4,000)
5700 Capital Outlays 153,098 25,997 15,000 38,636 258% 39,000 24,000
5900 Other Financing Uses NIA
$ 3,116,025 $ 2,862,302 $ 2,931,471 $ 2,987,354 102% $ 2,991,000 $ 59,529
50387 Fire Safety Inspections
5100 Salaries & Benefits $ 314,896 $ 611,159 $ 624,511 $ 623,329 100% $ 624,000 $ (511)
5200 Operating Supplies 8,585 26,500 26,500 17,135 65% 18,000 (8,500)
5300 Contractual Services 96,770 213,661 213,661 247,418 116% 248,000 34,339
5400 Other Expenses 4,877 15,000 15,000 11,070 74% 12,000 (3,000)
5700 Capital Outlays 16,029 20,000 10,000 9,838 98% 10,000
5900 Other Financing Uses NIA
$ 441,157 $ 886,320 $ 889,672 $ 908,790 102% $ 912,000 $ 22,328
$ 3,557,182 $ 3,748,622 $ 3,821,143 $ 3,896,144 102% $ 3,903,000 $ 81,857
Sanitation
60523 General Sanitation
5100 Salaries & Benefits $ 60,002 $ 106,968 $ 83,442 $ 66,335 79% $ 67,000 $ (16,442)
5200 Operating Supplies 401 1,500 1,500 690 46% 1,000 (500)
5300 Contractual Services 1,490,600 1,416,989 1,380,000 1,308,314 95% 1,309,000 {71,000)
5400 Other Expenses 6 1,000 1,000 0% (1,000)
5700 Capital Outlays 25,000 25,000 24,360 97% 25,000
5900 Other Financing Uses NIA
$ 1,551,009 $ 1,551,457 $ 1,490,942 $ 1,399,699 94% $ 1,402,000 $ (88,942)
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru %of Final 2000 Change From
Actual 1999 Estimate 2000 (913012000) December 2000 Revised Amended Budget Latest Reforecast
60528 Recycling
5100 Salaries & Benefits $ $ $ $ NIA $ $
5200 Operating Supplies NIA
5300 Contractual Services 300,392 285,086 260,000 263,478 101% 264,000 4,000
5400 Other Expenses NIA
5700 Capital Outlays 1,500 1,500 0% (1,500)
5900 Other Financing Uses NIA
$ 300,392 $ 286,586 $ 261,500 $ 263,478 101% $ 264,000 $ 2,500
60524 Composting
5100 Salaries & Benefits $ 12,468 $ $ $ NIA $ $
5200 Operating Supplies NIA
5300 Contractual Services 43,237 NIA
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financing Uses NIA
$ 55,705 $ $ $ NIA $ $
60448 Streetlighting
5100 Salaries & Benefrts $ 12,685 $ 6,140 $ 5,367 $ 10,601 198% $ 11,000 $ 5,633
5200 Operating Supplies NIA
5300 Contractual Services 505,839 510,000 510,000 507,599 100% 508,000 (2,000)
5400 Other Expenses NIA
5700 Capital Outlays 600 10,000 10,000 0% (10,000)
5900 Other Financing Uses NIA
$ 519,124 $ 526,140 $ 525,367 $ 518,200 99% $ 519,000 $ (6,367)
60707 Senior Citizen Transit
5100 Salaries & Benefits $ 39,821 $ 37,364 $ 42,434 $ 44,554 105% $ 45,000 $ 2,566
5200 Operating Supplies 75 75 0% (75)
5300 Contractual Services 4,810 5,571 5,571 5,450 98% 6,000 429
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financing Uses NIA
$ 44,631 $ 43,010 $ 48,080 $ 50,004 104% $ 51,000 $ 2,920
60446 Community Event Support
5100 Salaries & Benefits $ 17,953 $ 88,097 $ 59,963 $ 113,420 189% $ 114,000 $ 54,037
5200 Operating Supplies 200 2,500 14,743 590% 15,000 12,500
5300 Contractual Services 1,270 7,000 18,000 45,757 254% 46,000 28,000
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financing Uses NIA
$ 19,223 $ 95,297 $ 80,463 $ 173,920 216% $ 175,000 $ 94,537
$ 2,490,084 $ 2,502,490 $ 2,406,352 $ 2,405,301 100% $ 2,411,000 $ 4,648
70751 Parks Maintenance
5100 Salaries & Benefits $ 594,245 $ 685,000 $ 456,884 $ 410,877 90% $ 411,000 $ (45,884)
5200 Operating Supplies 101,986 87,500 110,000 188,503 171% 189,000 79,000
5300 Contractual Services 369,196 341,933 540,000 509,593 94% 510,000 (30,000)
5400 Other Expenses 2,338 7,000 7,000 2,939 42% 3,000 (4,000)
5700 Capital Outlays 42,206 18,000 55,000 53,703 98% 54,000 (1,000)
5900 Other Financing Uses NIA
$ 1,109,971 $ 1,139,433 $ 1,168,884 $ 1,165,615 100% $ 1,167,000 $ (1,884)
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru % of Final 2000 Change From
Actual 1999 Estimate 2000 {9/30/2000) December 2000 Revised Amended Budget Latest Reforecast
70757 Mc Graft Park Maintenance
5100 Salaries & Benefits $ 34,953 $ 30,000 $ 18,523 $ 10,522 57% $ 11,000 $ (7,523)
5200 Operating Supplies 9,527 5,000 5,000 3,862 77% 4,000 {1,000)
5300 Contractual Services 27,393 16,000 25,000 43,985 176% 44,000 19,000
5400 Other Expenses 434 1,703 1,703 210 12% 1,000 (703)
5700 Capital Outlays 283 283 100% 1,000 717
5900 Other Financing Uses N/A
$ 72,307 $ 52,703 $ 50,509 $ 58,862 117% $ 61,000 $ 10,491
70775 General Recreation Programs
5100 Salaries & Benefits $ 132,298 $ 138,535 $ 141,376 $ 117,149 83% $ 118,000 $ (23,376)
5200 Operating Supplies 35,928 26,000 26,000 31,912 123% 32,000 6,000
5300 Contractual Services 118,418 85,642 90,000 115,122 128% 116,000 26,000
5400 Other Expenses 4,244 3,000 4,000 2,969 74% 3,000 (1,000)
5700 Capital Outlays 208 1,250 500 4,344 869% 5,000 4,500
5900 Other Financing Uses N/A
$ 291,096 $ 254,427 $ 261,876 $ 271,496 104% $ 274,000 $ 12,124
70776 Inner City Recreation Programs
5100 Salaries & Benefrts $ 103,019 $ 114,999 $ 123,775 $ 135,718 110% $ 136,000 $ 12,225
5200 Operating Supplies 11,214 18,346 18,000 10,781 60% 11,000 (7,000)
5300 Contractual Services 30,297 35,573 35,000 29,995 86% 30,000 (5,000)
5400 Other Expenses 2,397 6,000 5,000 2,896 58% 3,000 (2,000)
5700 Capital Outlays N/A
5900 Other Financing Uses N/A
$ 146,927 $ 174,918 $ 181,775 $ 179,390 99% $ 180,000 $ (1,775)
70276 Cemeteries Maintenance
5100 Salaries & Benefits $ 330,496 $ 342,251 $ 162,305 $ 184,070 113% $ 185,000 $ 22,695
5200 Operating Supplies 21,166 11,000 16,000 13,440 84% 14,000 (2,000)
5300 Contractual Services 110,984 86,648 260,000 246,091 95% 247,000 {13,000)
5400 Other Expenses 216 1,000 1,000 568 57% 1,000
5700 Capital Outlays 33,200 20,250 28,000 19,930 71% 20,000 (8,000)
5900 Other Financing Uses N/A
$ 496,062 $ 461,149 $ 467,305 $ 464,099 99% $ 467,000 $ (305)
70585 Parking Operations
5100 Salaries & Benefits '$ 12,979 $ 13,067 $ 12,859 $ 13,182 103% $ 14,000 $ 1,141
5200 Operating Supplies 2,146 2,000 2,500 2,316 93% 3,000 500
5300 Contractual Services 28,692 34,179 34,179 27,501 80% 28,000 (6,179)
5400 Other Expenses N/A
5700 Capital Outlays 8,000 N/A
5900 Other Financing Uses N/A
$ 43,817 $ 57,246 $ 49,538 $ 42,999 87% $ 45,000 $ (4,538)
70771 Forestry
5100 Salaries & Benefits $ 90,283 $ 126,301 $ 105,671 $ 89,755 85% $ 90,000 $ (15,671)
5200 Operating Supplies 10,467 6,000 15,000 9,852 66% 10,000 (5,000)
5300 Contractual Services 12,898 14,000 18,000 16,843 94% 17,000 (1,000)
5400 Other Expenses 2,940 1,700 1,700 818 48% 1,000 (700)
5700 Capita! Outlays 6,572 2,000 3,000 3,207 107% 4,000 1,000
5900 Other Financing Uses N/A
$ 123,160 $ 150,001 $ 143,371 $ 120,475 84% $ 122,000 $ (21,371)
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru %of Final 2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Revised Amended Budget Latest Reforecast
70863 Farmers' Market & Flea Market
5100 Salaries & Benefits $ 36,984 $ 31,038 $ 29,717 $ 27,185 91% $ 28,000 $ (1,717)
5200 Operating Supplies 503 1,000 1,000 591 59% 1,000
5300 Contractual Services 8,236 6,844 11,844 15,000 127% 15,000 3,156
5400 Other Expenses N/A
5700 Capital Outlays N/A
5900 Other Financing Uses N/A
$ 45,723 $ 38,882 $ 42,561 $ 42,776 101% $ 44,000 $ 1,439
$ 2,329,063 $ 2,328,759 $ 2,365,819 $ 2,345,712 99% $ 2,360,000 $ (5,819)
80799 Weed and Seed Program
5100 Salaries & Benefits $ 20,949 $ 16,843 $ $ N/A $ $
5200 Operating Supplies 2,860 4,000 N/A
5300 Contractual Services 9,784 27,247 112 112 100% 1,000 888
5400 Other Expenses 127 2,000 NIA
5700 Capital Outlays N/A
5900 Other Financing Uses N/A
$ 33,720 $ 50,090 $ 112 $ 112 100% $ 1,000 $ 888
80387 Environmental Services
5100 Salaries & Benefits $ 439,362 $ 217,239 $ 154,342 $ 150,456 97% $ 151,000 $ (3,342)
5200 Operating Supplies 12,785 12,200 12,200 9,525 78% 10,000 (2,200)
5300 Contractual Services 328,371 158,376 190,000 265,250 140% 266,000 76,000
5400 Other Expenses 2,674 1,000 1,000 333 33% 1,000
5700 Capital Outlays 3,569 2,000 3,000 4,135 138% 5,000 2,000
5900 Other Financing Uses N/A
$ 786,761 $ 390,815 $ 360,542 $ 429,699 119% $ 433,000 $ 72,458
$ 820,481 $ 440,905 $ 360,654 $ 429,811 119% $ 434,000 $ 73,346
10875 Other
Contributions To Outside Agencies $ 117,369 $ 143,115 $ 142,115 $ 115,930 82% $ 116,000 $ (26,115)
$ 117,369 $ 143,115 $ 142,115 $ 115,930 82% $ 116,000 $ (26,115)
Total Customer Value Added Activities $ 16,071,122 $ 15,786,889 $ 16,178,812 $ 16,393,523 101% $ 16,430,000 $ 251,188
As a Percent of Total General Fund Expenditures 73.0% 72.2% 73.1% 74.4% 73.7%
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru % of Final2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Revised Amended Budget Latest Reforecast
II. Business Value Added Activities
10101 City Commission
5100 Salaries & Benefits $ 50,488 $ 52,116 $ 56,637 $ 56,917 100% $ 57,000 $ 363
5200 Operating Supplies 11,732 12,000 14,000 11,861 85% 12,000 (2,000)
5300 Contractual Services 26,636 50,000 40,000 30,541 76% 31,000 (9,000)
5400 Other Expenses 7,106 9,600 9,600 8,813 92% 9,000 (600)
5700 Capita! Outlays 1,534 91 91 100% 1,000 909
5900 Other Financing Uses N/A
$ 97,496 $ 123,716 $ 120,328 $ 108,223 90% $ 110,000 $ (10,328)
10102 City Promotions & Public Relations
5100 Salaries & Benefits $ $ $ $ N/A $ $
5200 Operating Supplies 9,000 3,000 0% (3,000)
5300 Contractual Services 29,000 18,241 14,791 81% 15,000 (3,241)
5400 Other Expenses N/A
5700 Capital Outlays N/A
5900 Other Financing Uses N/A
$ $ 38,000 $ 21,241 $ 14,791 70% $ 15,000 $ ~6,241)
10172 City Manager
5100 Salaries & Benefits $ 163,409 $ 169,629 $ 173,188 $ 172,284 99% $ 173,000 $ (188)
5200 Operating Supplies 2,531 3,000 3,000 2,564 85% 3,000
5300 Contractual Services 2,645 8,777 5,000 2,962 59% 3,000 {2,000)
5400 Other Expenses 2,601 5,000 3,000 4,247 142% 5,000 2,000
5700 Capital Outlays 82 4,000 2,000 1,814 91% 2,000
5900 Other Financing Uses N/A
$ 171,268 $ 190,406 $ 186,188 $ 183,871 99% $ 186,000 $ (188)
10145 City Attorney
5100 Salaries & Benefits $ $ $ $ N/A $ $
5200 Operating Supplies 400 400 480 480 100% 1,000 520
5300 Contractual Services 341,368 350,000 350,000 384,201 110% 385,000 35,000
5400 other Expenses N/A
5700 Capital Outlays N/A
5900 Other Financing Uses N/A
$ 341,768 $ 350,400 $ 350,480 $ 384,681 110% $ 386,000 $ 35,520
$ 610,532 $ 702,522 $ 678,237 $ 691,566 102% $ 697,000 $ 18,763
20173 Administration
5100 Salaries & Benefits $ 124,412 $ 125,398 $ 137,316 $ 137,659 100% $ 138,000 $ 684
5200 Operating Supplies 4,482 3,950 3,950 2,295 58% 3,000 (950)
5300 Contractual Services 24,701 30,862 23,000 15,871 69% 16,000 (7,000)
5400 Other Expenses 16,200 11,860 11,860 12,278 104% 13,000 1,140
5700 Capital Outlays 298 1,500 1,500 581 39% 1,000 {500)
5900 Other Financing Uses N/A
$ 170,093 $ 173,570 $ 177,626 $ 1~8,681__ _95% $_ 171,000 $ (6,626)
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru % of Final 2000 Change From
Actual 1999 Estimate 2000 {9/30/2000) December 2000 Revised Amended Budget Latest Reforecast
20228 Affirmative Action
5100 Salaries & Benefits $ 63,526 $ 60,704 $ 67,500 $ 69,370 103% $ 70,000 $ 2,500
5200 Operating Supplies 517 500 500 506 101% 1,000 500
5300 Contractual Services 2,109 5,000 3,500 2,334 67% 3,000 (500)
5400 Other Expenses 3,295 6,000 3,000 2,801 93% 3,000
5700 Capital Outlays 400 400 118 30% 1,000 600
5900 Other Financing Uses N/A
$ 69,447 $ 72,604 $ 74,900 $ 75,129 100% $ 78,000 $ 3,100
20744 Julia Hackley Internships
5100 Salaries & Benefits $ 1,714 $ 5,400 $ 4,650 $ 7,482 161% $ 8,000 $ 3,350
5200 Operating Supplies 718 N/A 1,000 1,000
5300 Contractual Services 711 N/A 1,000 1,000
5400 Other Expenses N/A
5700 Capital Outlays N/A
5900 Other Financing Uses NIA
$ 1,714 $ 5,400 $ 4,650 $ 8,911 192% $ 10,000 $ 5,350
20215 City Clerk & Elections
5100 Salaries & Benefits $ 190,040 $ 211,190 $ 234,190 $ 218,883 93% $ 219,000 $ (15,190)
5200 Operating Supplies 28,908 16,500 16,500 32,549 197% 33,000 16,500
5300 Contractual Services 34,857 25,000 25,000 28,284 113% 29,000 4,000
5400 Other Expenses 6,875 4,000 4,000 5,420 136% 6,000 2,000
5700 Capital Outlays 5,006 1,200 2,551 213% 3,000 1,800
5900 Other Financing Uses N/A
$ 265,686 $ 256,690 $ 280,890 $ 287,687 102% $ 290,000 $ 9,110
20220 Civil Service
5100 Salaries & Benefits $ 125,385 $ 126,045 $ 128,371 $ 130,015 101% $ 131,000 $ 2,629
5200 Operating Supplies 15,052 6,700 6,700 6,339 95% 7,000 300
5300 Contractual Services 71,530 40,137 40,137 39,839 99% 40,000 (137)
5400 Other Expenses 7,890 8,000 38,000 42,287 111% 43,000 5,000
5700 Capital Outlays 220 500 500 762 152% 1,000 500
5900 Other Financin Uses N/A
$ 220,077 $ 181,382 $ 213,708 $ 219,242 103% $ 222,000 $ 8,292
$ 727,017 $ 689,646 $ 751,774 $ 759,653 101% $ 771,000 $ 19,226
30202 Finance Administration
5100 Salaries & Benefits $ 245,121 $ 255,058 $ 261,803 $ 259,785 99% $ 260,000 $ (1,803)
5200 Operating Supplies 8,336 7,233 9,450 9,334 99% 10,000 550
5300 Contractual Services 61,633 68,200 64,450 64,594 100% 65,000 550
5400 Other Expenses 3,280 2,800 3,200 2,385 75% 3,000 (200)
5700 Capital Outlays 2,359 2,400 3,500 4,586 131% 5,000 1,500
5900 Other Financing Uses N/A
$ 320,729 $ 335,691 $ 342,403 $ 340,684 99% $ 343,000 $ 597
30209 Assessing Services
5100 Salaries & Benefits $ 240,204 $ 6,000 $ 6,176 $ 5,013 81% $ 6,000 $ (176)
5200 Operating Supplies 3,131 N/A
5300 Contractual Services 114,601 341,500 341,500 340,213 100% 341,000 (500)
5400 Other Expenses 3,900 100 80 80% 1,000 900
5700 Capital Outlays 633 N/A
5900 Other Financing Uses N/A
$ 362,469 $ 347,500 $ 347,776 $ 345,306 99% $ 348,000 $ 224
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actual As
Original Budget Reforecast Actual Thru %of Final 2000 Change From
Actual 1999 Estimate 2000 {9/30/2000) December 2000 Revised Amended Budget Latest Reforecast
30205 Income Tax Administration
5100 Salaries & Benefits $ 186,659 $ 201,349 $ 216,466 $ 212,880 98% $ 213,000 $ (3,466)
5200 Operating Supplies 24,897 26,076 26,076 18,875 72% 19,000 (7,076)
5300 Contractual Services 34,271 40,000 35,000 34,550 99% 35,000
5400 Other Expenses 1,003 3,000 3,000 1,288 43% 2,000 (1,000)
5700 Capital Outlays 7,375 3,000 3,000 2,180 73% 3,000
5900 Other Financing Uses NIA
$ 254,205 $ 273,425 $ 283,542 $ 269,773 95% $ 272,000 $ (11,542)
30253 City Treasurer
5100 Salaries & Benefits $ 266,436 $ 262,642 $ 268,780 $ 251,881 94% $ 252,000 $ (16,780)
5200 Operating Supplies 28,340 24,710 24,710 38,165 154% 39,000 14,290
5300 Contractual Services 44,557 39,543 39,543 55,546 140% 56,000 16,457
5400 Other Expenses 1,096 1,211 1,211 1,264 104% 2,000 789
5700 Capital Outlays 6,259 3,957 5,019 7,298 145% 8,000 2,981
5900 Other Financing Uses NIA
$ 346,688 $ 332,063 $ 339,263 $ 354,154 104% $ 357,000 $ 17,737
30248 Information Systems Administration
5100 Salaries & Benefits $ 131,588 $ 160,663 $ 168,848 $ 167,381 99% $ 168,000 $ (848)
5200 Operating Supplies 4,832 3,778 7,665 6,695 87% 7,000 (665)
5300 Contractual Services 42,033 51,057 44,041 38,925 88% 39,000 (5,041)
5400 Other Expenses 18,650 14,000 10,076 10,689 106% 11,000 924
5700 Capital Outlays 67,921 41,232 49,275 52,283 106% 53,000 3,725
5900 Other Financing Uses NIA
$ 265,024 $ 270,730 $ 279,905 $ 275,973 99% $ 278,000 $ (1,905)
$ 1,549,115 $ 1,559,409 $ 1,592,889 $ 1,585,890 100% $ 1,598,000 $ 5,111
60265 City Hall Maintenance
5100 Salaries & Benefits $ 63,925 $ 57,664 $ 60,706 $ 63,273 104% $ 64,000 $ 3,294
5200 Operating Supplies 13,874 13,315 13,315 11,926 90% 12,000 {1,315)
5300 Contractual Services 161,699 177,034 177,034 184,471 104% 185,000 7,966
5400 Other Expenses 67 500 500 395 79% 1,000 500
5700 Capital Outlays 8,607 11,377 11,377 3,422 30% 4,000 (7,377)
5900 Other Financing Uses NIA
$ 248,172 $ 259,890 $ 262,932 $ 263,487 100% $ 266,000 $ 3,068
$ 248,172 $ 259,890 $ 262,932 $ 263,487 100% $ 266,000 $ 3,068
80400 Planning, Zoning and Economic Development
5100 Salaries & Benefits $ 370,871 $ 390,174 $ 408,569 $ 395,554 97% $ 396,000 $ (12,569)
5200 Operating Supplies 31,621 19,200 19,200 16,283 85% 17,000 (2,200)
5300 Contractual Services 102,933 79,000 79,000 78,924 100% 79,000
5400 Other Expenses 10,591 12,162 9,500 7,746 82% 8,000 (1,500)
5700 Capital Outlays 2,146 2,000 1,588 3,018 190% 4,000 2,412
5900 Other Financing Uses NIA
$ 518,162 $ 502,536 $ 517,857 $ 501,525 97% $ 504,000 $ {13,857)
$ 518,162 $ 502,536 $ 517,857 $ 501,525 97% $ 504,000 $ (13,857)
Total Business Value Added Activities $ 3,652,998 $ 3,714,003 $ 3,803,689 $ 3,802,121 100% $ 3,836,000 $ 32,311
As a Percent of Total General Fund Expenditures 16.6% 17.0% 17.2% 17.2% 17.2%
City of Muskegon
Final Amended 2000 Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget Actua!As
Original Budget Reforecast Actual Thru %of Final 2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Revised Amended Budget latest Reforecast
II. Fixed Budget Items
30851 General Insurance $ 222,763 $ 225,000 $ 270,000 $ 249,757 93% $ 250,000 $ (20,000)
30906 Debt Retirement 340,604 308,812 430,000 407,835 95% 408,000 (22,000}
10891 Contingency and Bad Debt Expense 212,696 450,000 250,000 0% 150,000 (100,000)
30999 Transfers To Other Funds 1,108,742 1,215,000 1,161,196 1,170,390 101% 1,200,000 38,804
90000 Major Capital Improvements 402,954 175,000 25,000 24,934 100% 25,000
Total Off-Budget Items $ 2,287,759 $ 2,373,812 $ 2,136,196 $ 1,852,916 87% $ 2,033,000 $ (103,196)
As a Percent of Total General Fund Expenditures 10.4% 10.9% 9.7% 8.4% 9.1%
Total General Fund $ 22,011,879 $ 21,874,704 $ 22,118,697 $ 22,048,560 100% $ 22,299,000 $ 180,303
Recap: Total General Fund By Expenditure Object
5100 Salaries & Benefits $ 12,873,899 $ 12,820,364 $ 12,782,269 $ 12,678,843 99% $ 12,695,000 $ (87,269)
5200 Operating Supplies 644,655 570,683 610,821 719,038 118% 732,000 121,179
5300 Contractual Services 6,002,539 6,3TT,974 6,508,928 6,417,038 99% 6,583,000 74,072
5400 Other Expenses 170,318 167,836 194,750 185,789 95% 198,000 3,250
5700 Capital Outlays 871,122 414,035 430,733 469,627 109% 483,000 52,267
5900 All Other Financing Uses 1,449,346 1,523,812 1,591,196 1,578,225 99% 1,608,000 16,804
Total General Fund $ 22,011,879 $ 21,874,704 $ 22, 118,697 $ 22,048,560 100% $ 22,299,000 $ 180,303
City of Muskegon
2000 Final Amended Budget - Other Budgeted Funds
last Budget
Original Budget Reforecast Actual Thru Final 2000 Change From
Actual 1999 Estimate 2000 (9/30/2000) December 2000 Ameded Budget Latest Reforecast
Other Budgeted Funds - Revenues
Special Revenue Funds:
202 Motor Vehicle Highway • Major $ 3,269,329 $ 13,598,325 $ 3,068,325 $ 3,535,939 $ 3,535,900 $ 467,575
203 Motor Vehicle Highway - Local 1,382,791 1,220,034 1,350,034 1,614,336 1,614,300 264,266
254 LC Walker Arena 845,915 877,000 861,370 855,101 855,100 (6,270)
211 Police Training Fund 18,621 30,000 30,000 36,286 36,200 6,200
230 Enterprise Community Fund 413,835 561,717 200,000 (200,000)
257 Budget Stabilization Fund
260 Land Reutilization Fund 1,030 1,000 1,000 1,264 1,200 200
255 Westshore Pavillion Fund 23,000 23,000 23,000
285 Tree Replacement Fund 2,953 2,700 2,700 5,223 5,200 2,500
264 Criminal Forfeitures Fund 114,680 75,000 75,000 94,897 94,800 19,800
289 Local Development Finance Authority I 503 100 100 36 (100)
288 Local Development Finance Authority II 536,134 550,000 550,000 522,128 522,100 (27,900)
$ 6,585,791 $ 16,915,876 $ 6,138,529 $ 6,688,210 $ 6,687,800 $ 549,271
Debt Service Funds:
305 TIFA Debt Service $ 268,302 $ 190,000 $ 190,000 $ 144,807 $ 144,800 $ (45,200)
394 Downtown Development Authority 874,279 630,000 630,000 972,239 972,200 342,200
399 Downtown Development Authority SF 47,373 220,000 220,000 223,618 223,600 3,600
306 Special Assessment Debt 480,493 200,000 200,000 329,118 329,100 129,100
$ 1,670,447 $ 1,240,000 $ 1,240,000 $ 1,669,782 $ 1,669,700 $ 429,700
TOTAL OTHER BUDGETED FUND REVENUES $ 8,256,238 $ 18,155,876 $ 7,378,529 $ 8,357,992 $ 8,357,500 $ 978,971
Other Budgeted Funds - Expenditures
Special Revenue Funds:
202 Motor Vehicle Highway• Major $ 4,071,148 $ 8,915,501 $ 4,845,324 $ 4,135,613 $ 4,136,000 $ (709,324)
203 Motor Vehicle Highway- Local 1,489,951 1,371,673 1,431,586 1,574,117 1,575,000 143,414
254 LC Walker Arena 842,782 876,844 861,232 854,666 855,000 {6,232)
211 Police Training Fund 18,621 30,000 30,000 36,286 37,000 7,000
230 Enterprise Community Fund 413,835 561,717 200,000 633 1,000 (199,000)
257 Budget Stabilization Fund
260 Land Reutilization Fund 1,000 1,000 (1,000)
255 Westshore Pavillion Fund 1,764 2,000 2,000
285 Tree Replacement Fund 3,100 3,100 (3,100)
264 Criminal Forfeitures Fund 112,154 75,000 75,000 88,317 89,000 14,000
289 Local Development Finance Authority I 14,152 357 357 17 1,000 643
288 Local Development Finance Authority II 147,137 1,000,000 1,000,000 164,700 1,000,000
$ 7,109,780 $ 12,835,192 $ 8,447,599 $ 6,856,113 $ 7,696,000 $ (751,599)
Debt Service Funds:
305 TIFA Debt Service $ 203,775 $ 204,000 $ 204,000 $ 187,975 $ 188,000 $ (16,000)
394 Downtown Development Authority 955,286 632,000 632,000 869,350 870,000 238,000
399 Downtown Development Authority SF 60,598 5,000 5,000 132,572 133,000 128,000
306 Special Assessment Debt 350,751 280,540 280,540 297,646 298,000 17,460
$ 1,570,410 $ 1,121,540 $ 1,121,540 $ 1,487,543 $ 1,489,000 $ 367,460
TOTAL OTHER BUDGETED FUND EXPENDITURE $ 8,680,190 $ 13,956,732 $ 9,569,139 $ 8,343,656 $ 9,185,000 $ (384,139)
Commission Meeting Date: February 13, 2001
Date: February 6, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (:N'./
RE: Purchase of 420 W. Delano - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 420 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Edward and Patricia Shappee, 420 W. Delano Street,
Muskegon, Michigan on February 6, 2001. The purchase price is $62,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 420 W.
Delano Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
2/6/2001
Resolution No. 2001-17 ( j)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 420 W. DELANO STREET
FOR$62,000
WHEREAS, the City of Muskegon and Edward and Patricia Shappee have entered into a
purchase agreement for property located at 420 W. Delano Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 420 W. Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 420 W. Delano Street, Muskegon, Michigan for the amount of
$62,000.
Adopted this 13th day of February 2001 .
AYES: Schweifler, Shephe r d, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
NAYS: None
ABSENT: None
BY:
ATTEST:
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 February 13, 2001. ~ ~µ)
Gail Kundinger, Clerk
2/6/01 2
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made Fcc_s12.-~,r2-·i L3 , 2001, by and between
Edward Shappee and Patricia Shappee, Husband and Wife, of 420 W. Delano Ave.,
Muskegon, MI 49444., (collectively "Seller"), and the CITY OF MUSKEGON, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises"), in the City of Muskegon, Muskegon County, Michigan,
specifically described as:
Lot 11, Block 1 of Young & Williams Addition
Subject to reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Sixty two thousand Dollars ($62,000.00) Dollars, payable in cash or city check to Buyer
at Closing.
3. Partial Waiver of Public Acquisition and Relocation Requirements. Seller
understands that this sale constitutes an acquisition for a public purpose, and that Buyer may be
subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, as well as the Uniform Condemnation Procedures Act of the State of
Michigan. Seller has received a copy of the city's appraisal, and is,fully aware of the market
value of the property and believes the price and terms of this sale, which exceed the appraised
value as shown, reflect that value. Seller waives any further written notice of value or fiuther
written offer. Seller and Buyer acknowledge entitlement to relocation assistance payments to
Seller and/or Tenants as may be required and appropriate. Seller has received a copy of the
publication: "Your Rights and Benefits When Displaced by a Transportation Project," published
by the Michigan Department of Transportation, which accurately sets forth the relocation
benefits applicable to this project. Further, Sellers acknowledge that they have agreed to
Relocation costs of$10,567.00 and fixed moving costs of$1,150.00, to be paid at closing or at
the time costs are incurred.
4. Taxes and Assessments. All taxes, assessments, interest, fees or penalties
thereon which are due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable after Closing shall be
the responsibility of Buyer.
5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
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disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable, the
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title to remedy such objections. If
Seller resolves such restrictions and remedies to the title (by obtaining satisfactory title insurance
or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If the Seller fails to resolve such restrictions
or remedy the title within the time above specified or fails to obtain satisfactory title insurance,
this Agreement will be terminated at the Buyer's option. The premium for the owners title policy
shall be paid by Buyer.
5. Personal Property and Fixtures. All personal property and fixtures which the
Seller wishes to remove shall be removed on or before Closing. The parties are aware that the
Buyer intends to demolish any improvements on the property . Any personal property which is
left on the Premises shall be the property of Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
tennination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from enviromnental contamination of any kind.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by
Seller as of the Closing .. Seller agrees to indemnify Buyer and hold it harmless from and against
any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses,
including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or
breach of the warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.
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8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO THE EXPRESS
COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS
PURCHASE AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT
NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT BUYER HAS PERSONALLY INSPECTED THE PREMISES AND
IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for any real estate
commission or expenses of a broker or real estate consultant retained, employed, or utilized by
Seller. Seller agrees to indenmify and hold the Buyer harmless from any liability, including
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such
real estate commission or expenses arising from this transaction.
11. Closing. The closing date of this sale shall be on or before _ _ _ _ _ __
2001, ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. The parties shall execute an IRS Closing
Report at the Closing as needed.
12. Delive1y of Deed. Seller shall execute and deliver a warranty deed to Buyer at
Closing for the Premises.
13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
15. Costs. Buyer shall be responsible to pay the Michigan and County transfer taxes
in the amounts required by law. Seller shall be responsible to pay for the recording of any
instrument which must be recorded to clear title to the extent required by this Agreement. Buyer
shall pay for the cost of recording the warranty deed to be delivered at Closing, and all other
costs of closing, except for taxes, assessments, interest, fees or penalties thereon required to be
paid by Sellers.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
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b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
c Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be amended ·
except by a writing signed by Seller and Buyer.
The paiiies have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: BUYER: CITY OF MUSKEGON
BydP-L~?~
J. Fred N~ , Mayor;
~lb'-'"' K~\4-w~ lL ·By ~l, Q_ ~"'~~
0o~A>,.> !""-.,v/c'.ows/l; Gail A. Kundinger, Clerk
j
.:
.'\; ' < , ' ~,
Edward Shappee
- ~_ _ _ (SS#
/~!{,, ,:,r / i
Patricia Shappee
C:IWINDOWS\TEMPISHAPPEE.SEAWAY.PA.DOC
-4-
Commission Meeting Date: February 13, 2001
Date: February 13, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Purchase of Norwood Property - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase vacant property (commonly known as the Norwood Property) along
Seaway Drive and Hackley Avenue. This request is consistent with the City of
Muskegon goal to develop the Seaway Industrial Park and pursuant to a purchase
agreement signed by Ernest K. and Ernest R. Norwood , Muskegon, Michigan on
February 10, 2001. The purchase price is Two Hundred and Forty-Six Thousand Two
Hundred Dollars ($246,200).
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly and U.S. Economic Development
Administration grant funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of the
"Norwood Property" for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
2/13/2001
Resolution No. 2001- 17 ( k)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF NORWOOD PROPERTY FOR $246,200
WHEREAS, the City of Muskegon and Ernest R. and Ernest K. Norwood have entered into a
purchase agreement for property commonly known as the Norwood Property, Muskegon, Ml to
wit:
Parcel One: Easterly 200 feet of West 426.07 feet of South 546.5 feet of Southeast
¼ of Northwest¼ Section 31, T10N, R16W, except South 49.5 feet
thereof.
Parcel Two: Commencing at intersection of East line of Glade Street and North line
of Lyman Street in Plat of Albert and Holthe Subdivision, thence East
172.3 feet to Westerly right-of-way line of Pere Marquette Railroad, said
point beginning hereinafter referred to as Point A Recommence at
place of beginning, thence South along the East line of Glade Street
(being also the West line of the Southeast ¼ of the Northwest fractional
¼) 499 feet, thence East 506.6 feet more or less to Westerly right-of-
way line of Pere Marquette Railroad, thence NWly along the Wly r-o-w
line of C&O railroad which is due East from SE corner Lot 9, Block 2 of
Albert and Holthe subdivision, thence SEly along said railroad r-o-w 150
feet, thence Swly at right angle to said r-o-w line 17 feet, thence Nwly at
a distance of 17 feet from measured at right angle and parallel to said
r-o-w 160 feet more or less to a point of beginning, Section 31 T10N
R16W
Parcel Three: All that part of the North ½ of the SE ¼ of the NW ¼, Section 31, T1 ON,
R 16W, described as beginning at a point on the East line of Glade
Street at the NE corner of Lyman Street extended Ely and Glade Street,
thence Nly along said East line of Glade Street to a point on a line which
is 50 feet Swly of, and measured at right angles and parallel to
centerline of Pere Marquette Railroad main track, thence Sely and
parallel to centerline to said main track to a point which is directly
opposite and East of point of beginning, thence West to point of
beginning
2/13/01 2
WHEREAS, the purchase of the Norwood property, Muskegon, Michigan, is consistent with the
City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
and U.S. Economic Development Administration grant funds for the purchase of the subject
property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property commonly known as the Norwood Property, Muskegon, Michigan for the
amount of $246,200.
Adopted this 13th day of February 2001 .
AYES: Sheph erd, Si eradzki , Spat aro , As l akso n , Ben ed i ct , Niel sen , Sc hwe ifl er
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
meeting held on February 13, 2001. ~ LJ..__..r
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
Gail Kundinger, Clerk
2/13/01" 3
02 : 09 : 01 16:32 FAX 616 728 2206 PARMENTER OTOOLE @002 .- 007
(proposed 2/9/01 (p.m.)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made hec;2...-A,111:.'t 13 , 2001, by and between
Ernest R. Norwood a mnrded man, and Ernest I{, Nonvood 1 a married man, of 420 Carmen
Drive, Spring Lake, Ml 49456, (collectively 11Seller"), holding as joint tenants with full right of
survivorship and not as tenants in common, and the CITY OF MUSKEGON, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer'1).
1. General Agreement nud Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate1 and all improvements.thereon) with all
beneficial easements and leases, and with all of Seller1s right, title and interest in all adjoining
public ways, the real property ("Pren1ises 0 ) , in the City of Muskegon, Muskegon County,
Michigan, specifically described as:
The legal description of the property is attached as Exhibit A
Subject to reservations~ restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
sam.e, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment; Earnest Money. The purchase price
for the Premises shall be Two Hundred Forty Six Thousand Two Hundred and no/100
($2.46,200.00) Dollars, payable in cash or city check to Buyer at Closing. Upon execution of this
agreement by both parties, Buyer shall deposit with Transnation Title Insurance Co. earnest
money in the amount of $10,000.00, which shall be credited against the money required for
purchase at closing.
a. Earnest Money. Buyer shall pay Seller $10,000 as earnest money payable upon
the signing of this Agreement ("Earnest Money'1). The Earnest Money shall be deposited
with the Title Insurance Company and held in accordance v-:ith a letter of instructions
reflecting this agreement from Buyer. It is expressly understood and agreed that the
Earnest Money shall be returned to Buyer if Seller is unable to comply with the terms of
th.is Agreement, or if the transaction is cancelled because of Buyer's decision as a result of
the environmental investigation referred to in this agreement. Otherwise, the Earnest
Money shall be applied to the purchase price at closing. In the event Buyer shall faH to
close this Agreement for any reason other than the environmental investigation, which
reason constitutes a breach of this agreement, Seller may retain the Earnest Money as
liquidated damages and its sole remedy.
3. Partial Waiver of Public Acquisition and Relocntion Reguirements. Seller
understands that this sale constitutes an acquisition for a public purpose, and that Buyer may be
subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, as well a.s the Uniform Condemnation Procedures Act of the State of
G:\COMMON\5\GT JIC-11LE:$'N!ORWOODPA.DCC y 1_
02:09101 16:.1,1 FAX 616 i28 2206 PARMENTER OTOOLE 14] 003 1 OIJi
Michigan. Seller has received a copy of the city's appraisal, and is fully aware of the market
value of the property and believes the price and tenns of this sale, which exceed the appraised
value as shown, reflect that value. Seller waives any further written notice of value or further
v.-titten offer. Seller and Buyer acknowledge entitlement to relocation assistance payntents to
Seller and/or Tenants as may be required and appropriate, however the property is vacant, except
for the billboard which is subject to a lease, which is being assigned to the Buyer. Seller has
received a copy of the publication: "When a Public Agency Acquires Your Property," published
by the United States Department of Housing and Urban Development, and Seller and Tenants
have received a copy of the publication: "Your Rights and Benefits When Displaced by a
Transportation Project," published by the Michigan Department of Transportation, which
accurately sets forth the relocation benefits applicable to this project.
4. Taxes and Assessments. All taxes, assessments, interest, fees or penalties
thereon which are due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable after Closing shall be
the responsibility of Buyer.
5. Title Insurance. Seller agrees to deliver to Buyer's attorney, three (3)
businessdays prior to closing, a commitment for title insurance, issued by Transnation Title
lnsurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment are, in the sole discretion of Buyer,
deemed unreasonable, the Seller shall have forty.five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title to remedy such
objections. If Seller resolves such restrictions and remedies to the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (IO} days of written notification thereof. If the Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be tem1inated at the Buyer's option. The premium for the
owners title policy shall be paid by Buyer.
6.. Pel'sonal Property and Fixtures, All personal property and fixtures which the
Seller wishes to remove shall be removed on or before Closing. The parties are aware that the
Buyer intends to demolish any improvements on the property . Any personal property which is
left on the Premises shall be the property of Buyer who may dispose of same_, except to the extent
that the billboard, subject to the lease being assigned to the buyer, is the property of the billboard
company/lessee.
7. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
G:\COMMON\5\GTJ\C,RLEST\NORWOODF'A.DOC • 2.
02,-0911)1 16: -H FAX 616 728 2206 PARMENTER OTOOLE
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
8. Environmental Matters, Seller represents to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment during Seller's ownership.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, to the best of Seller's knowledge, except filJ sand was deposited on part of the
property which may or may not have contained contamination, unknown to Seller.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal law. Seller knows
ofno such installation during its ownership or occupancy of the property.
d. Due Diligence by Buyer, Buyer may elect to have perfonned a Baseline
Environmental Assessment (BEA) before closing, and for that purpose is granted the right
of entry on the property for the performance of any and all investigations and testing by
consllltants of Buyer's choice. Said election shall be commumcated in writing to Seller
by any reasonable means. Buyer may, as a result of the findings from such investigation
and testing, detennine in its sole discretion to terminate this agreement without further
liability for either party,
The above representations shall be deemed to have been made again by Seller as
of the Closi11g.
9. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRA.t\JTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER ExPRESSL Y WANES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO THE EXPRESS
COVENANTS, CONDITIONS AND/OR EXPRESS REPRESENTATIONS CONTAINED IN
THIS PURCHASE AGREEMENT; ALSO SUBJECT TO THE REPRESENTATION OF
SELLER THAT,TO THE BEST OF SELLER'S KNOWLEDGE, NO HAZARDOUS
SUBSTANCES HA VE BEEN PLACED ON THE PREMISES DURING ITS OWNERSHIP OR
OCCUPANCY. BUYER FURTHER SAYS THAT BUYER BAS PERSONALLY
INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE
LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON.
10. Real Estate Co111mission, Seller shall be solely responsible for any real estate
commission or expenses of a broker or real estate consultant retained, employed, or utilized by
Seller. Seller agrees to indemnify and hold the Buyer harmless from any liability, including
! ~ 11!_/;J, l_l<J I
02,00,01 1B:3J FAX 616 728 2206 PARMENTER IJllJULt,
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such
real estate commission or expenses arising from this transaction.
11. Closing. The final closing date of this sale shall be on or before April I, 200 I,
("Closing"). The Closing shall be conducted at Transnation Title Insurance Company, 570
Seminole Road, Ste. I 02, Muskegon, MI 49444, The parties shall execute an IRS Closing
Report at the Closing as needed, Prior to the final closing date, the parties shall close this
transaction ID escrow, at Trnnsnation Title Insurance Co., by the deposit of the purchase price and
all necessary documents, no later than March 7, 2001. All funds deposited in escrow shall be
returned to Buyer in the event Buyer determines, in its sole discretion, that the environmental
investigations it has performed indicate that the property is not appropriate for Buyer to acquire.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
Closing for the Premises.
13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
14. Date of Possessiog. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing, subject to the billboard lessee rights,
15. ~ - Buyer shall be responsible to pay the Michigan and County transfer taxes
in the amounts required by law. Seller shall be responsible to pay for the recording of any
instrwnent which must be recorded to clear title to the extent required by this Agreement Buyer
shall pay for the cost of recording the warranty deed to be delivered at Closing, and all other
costs of closing, except for taxes, assessments, interest, fees or penalties thereon required to be
paid by Sellers.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. J\'lerger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
c Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors, All tenns and conditions of this Agreement shall be binding
upon the parties, their successors and assigns,
e. Severability, In case any one or more of the provisions contained in this .
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
~ .;,~, .. ~._,,,.L.1.,J;\ ,_,.,_,_,,_,L.,.1., lfL:llJ!.Jt)itJIJ/
of th.is Agreement, and this Agreement shall be construed as if such invalid, illegal, or
tmenforceable p!'Ovision(s) had never been contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and contiriue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be amended
except by a ,...-riting signed by Seller and Buyer.
h. Billboard Lease, The billboard lease shall not be negotiated for renewal
during the period before closing except on terms that are at least equivalent in price as the
previous agreement, and for no longer term than Buyer approves.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: BUYER: CITY OF MUSKEGON
ckn@ ~
9 LI'- k'1~+cOJ0 ~t,
-~ D Ann ~,rv k:o t,1:>ll.t' j
SELLER(S)
G:ICOMMON\5\GTJ\C-RLESTINORWOODPA.OOC - 5-
lg,_] 1_11.I / ' !} <.> I
t'AH~lhNlht< U1U 1•1Lt·,
1_12:1.l{J,'!Jl 1u::_15 FA.\ tlltl 7l,'J ~ll.lU
Exhibit A
Legal Descriptions of the Property
PARCEL 61-31-31-100-016: New Parcel # 61-24-131-100-{1015-00
Easterly 200 feet of West 426.07 feet of South 546.5 feet of Southeast 1/4 of Northwest
1/4, Section 31, Tl ON, R16W, except South 49.5 feet thereof.
PARCEL 61-31-31-100-006: New Parcel ii Gl-24-131-100-0007-00
Commencing at intersection of East line of Glade Street and North line of Lyman Street
in Plat of Albe11 and Holthe Subdivision, thence East 172.3 feet to Westerly right-of-way
line of Pere Marquette Railroad, ~id point being hereinafter referred to as point A.
Recommence at place of beginning, thence South along the East line of Glade Street
(being also the West line of Southeast l/4 of Northwest fractional 1/4) 499 feet, thence
East 506.6 feetlgiore or less to Westerly right-of-way line of Pere Marquette Railroad,
thence Northwesterly along westerly right-of-way line of said railroad to point A, except
commencing at a point on Northwesterly dght-of-way line of C&O Railroad which is due
East from Southeasfcomer Lot 9, Block 2 of Albert & Holthe Subdivision, thence
Southeasterly along said railroad right•of-way 150 feet, thence Southwesterly at right
angle to said right-of-way line 17 feet, thence northwesterly at a distance of 17 feet from
measured at right angle and parallel to said right-of-way 160 feet mote or Jess to a point
which is due West from place of beginning, thence due East to place of beginning,
Section 31 TlON Rl6W.
PARCEL 61-31-31-100-005: New Parcel # 61-24-131-100-0006-00
All that part of the North 1/2 of the Southeast 1/4 of the Northwest 1/4, Section 3 I,
T ION, RI 6W, described as beginning at a point on the East line of Glade Street at the
Northeast comer of Lyman Street extended Easterly and Glade Street, thence Northerly
along said East line of Glade Street to a point on a line which is 50 feet Southwesterly of,
and measured at right angles and parallel to centerline of Pere Marquette Railroad m~in
track, thence Southeasterly and parallel to said niain track to a point which is directly
opposite and East of point of beginning, thence West to point ofbegioning.
Seaway Industrial Park - Property Acquisition
(as of February 12, 2001)
------ 420 W. Delano
Norwood Property
/ \ Seaway Industrial Park Boundary-
- Property Acquired
D Currently Industrial
D Future Acquisition~
FEB709-2001 12: 32 FROM MUSKEGON CHRONICLE TO 7244178 P. 01/04
February 9, 2001
City of Muskegon
City Council
Attn: Gail Kundinger
Dear Gail:
I am writing this letter to request the consideration of the council regarding a resolution
for a charitable gaming license for The West Michigan Children's Museum.
On March 31; 2001 we are planning to hold a raffle during the last home game of The
Muskegon Fury at the L.C. Walker Arena. We will be awarding a vintage 1975 Schwinn
Sting-ray bicycle, valued at between $300 and $500. The proceeds will benefit the West
Michigan Children's Museum.
The State Gaming License Board requests a resolution from the local body of government
stating recognition of our organization as a local non-profit group. Enclosed please find a
copy of our 501(C)(3) information.
Thank you for your time and consideration. We will look forward to hearing from you.
Sincerely,
11~~·~
· 1r
arty ttson
oard reside t RECEnV &
.
u cu
· -1 '.
FEB - 9 2001
City Clerks Ottice
West Michigan Children's Museum
P.O. Box 1786, Muskegon, Michigan 49443-1786
Phone: (231) 722-1425
FEB-09-2001 12:33 FROM MUSl<EGON CHRONICLE TO 7244178 P.02/04
, I' .
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
DISTRICT DlRECTOR
p. O, )30X' 2508
C1NCINNATl 0 OH 45201
Employer Identifica~iqn Number:
Date: fl 7 OCT 1997 DLNt
38-3071925
17053137755'007
WEST MICHIGAN CHILDRENS MUSEUM contact Persori:
p, O, BOX 1786 PETER KICZEK ,
MUSKEGON, MI 49443-178G Contact Telephone Number:
( 718.) 488-297 5
Our Letter Dated:
February 1993
Addendum Applies:
·No
Dear Applicant:
This modifies our Letter of the above date in which we ~tated that you
would be treated as an organization that is no't a private foundation until the
expiration of your advance ruling period.
Your ~xempt status under section 501(a) of the Internal Revenue Code as an
organization· described in section 50l(c){3) is still in effect, Based on the
informaii6n you submitted, we have determined that you are not a private
foundatio~ within the meaning of section S09(a) of the Code because you' are an
organiza.ti~n or the type desoribed'in section 509(a)(l) and l70(b)ll)IA)(vi).
-·-· -- . ,..___ -. .. .... ,. - -~ ... ~. ~
Granters and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your. section 509(a)(l) status, a grantor or tontributor may not rely on
this determination if he or $he was in part responsible for, or was aware of,
the act or failure to act, or the substantial or material change on the part of
the organization that resulted-in your loss of such status, or if he or she
acquired Knowledge that the Internal Revenue Service had given notice that you
would no longer be classified as a section S09(aH 1) orgnnization.
As of January 1, 1934, you are liable for taxe~ under the Federal
Insurance Contributions Act (~ocial security taxes) on remuneration of $100
or more ybu pay to each cf your empfoyees during a calendar y~ar. You are
not liable' for· the tax imposed under the Federal Unemployment Tax Act (FUTA),
You are required to file Form 99U only if your gross receipts each year
are normally more than $25,000. For guidance in determining whether your gross
receipts a~e "normally" more than $25,000, see the· instructions for Form 990,
If a return is required, it must be filed by the 15th day of the fifth month
after the end of your annual accounting period. A penalty of $20 a day is
charged when a return is filed late', hn!ess t'here is reasonable cause for the
delay, . However, the maximum penalty \:!J.arged cannot. exceed Sl0,000 or 5 percent
of your gross receipts for the year;·ftichever is. less, For organii~tions with
gross reciipts exceiding $1,000,000 i~-iny year, the perialty is $100 per day
per return, unless there is reasonable cause for the delay. The maximum
Penalty for an organization with gros~ receipts etceeding'$1,000,00t shall
not exceed $50,000. This penalty may also be charged if a return is not
complete, ~o please be sure your returri is complete before you ffle it.
Letter !050 (bO/CG)
FEB-09-2001 12:33 FROM MUSl<EGON CHRONICLE TO 7244178 P.03/04
:,
.
-WSST MICHIGAN ClHt.DRENS MUSEUM
If we have indicated in the heading cf this letter that an addendum
:applies, the addendum enclosed is an integral' part of this letter.
Because this letter could help resolve any questions about your private
foundation status, please keep it in your p~rmanent records.
If you have, any questions, please contact the person whose name and
telephone number are shown above,
~istrict Director
\
I
Letter J050 (DO/CO)
FEB-09-2001 12:34 FROM MUSKEGON CHRONICLE TO 7244178 P.04/04
] iifiiii CHARITABLE GAMING DMSION
1C1 E. HILLSDALE, BOX 30023
l.ANSINO, MICHIGAN 8000
(517) 0115-5700
•
www.at1lll.ml.ua/mllottery
2001-18(a)
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(9))
At a __R_e_,.g_u_l_ar-=.,.,,..,.,..,,..,..=------- meeting of the _ __;:;C~i~t.,__y~C"-'o: .:.;m. :;.:m.:. ;.i. : ,s,; . ~, ;.,io:..;n.:_...........,..,,.,....-
REGu1AR OR Gl'ECIIIL TOWNSl11P, CITY, OA \IILLAOE COUNCIIJIIOAIIO
calledtoorderby Mayor Nielsen on February 13, 2001
0ATE
at._ __,;5;.,;,:~3,,;-0_ _ l$)m./p.m. the following resolution was offered:
TIM&
Moved by Commissioner Shepherd and suppomcH~y Cammi ss i oner As 1ak son
that tharequestfrom. West Michig an Children's of Mu skegon
· NAME OF 0R(.WlllATI0N CITY
Museum
county of -~M..u:.;;;s.;.;.k;..eg;i.:o::.:.n.:.........,,.,,.,= .,......,,....------• asking that they be recognized aa a
COUMTYNAME
nonprofit organization oparating in the community for the purpose of obtaining a charitable
gaming license, be considered for _......,Aili',pn~r~o;;..:v,.:;:a,...l-..,,.,,...,.,....--
APPR01WJD1SAPP1UML
APPROVAL DISAPPROVAL ·
Yeas: 7 Yeas:
Nays: 0 Nays:
.\ Absent: __o___ Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered·and
adoptedbythe Clli Commission
'f6WNIHIP,CIJY, aJivll.l.AO.SCOUNCMIQAAD
sta Regular
_ _ _ _.._RE,_G_UI.AA_O..,R-61'_1!._t::IAL
_ _ __
meelingheldon. February 13 ~
SIGNl!O: ~ D ... ~
'TOWNIIHlr,c~ ~ C W K
Gail A. Kundinger, City Clerk
933 Terrace PO Box 536, Muskegon, MI 49443 -0536
-'0DREGG
COMPIJ;l10N;R9qv~911
P!MAI.TY: Pot1lblt dtnl• I af • ppl!tallon.
8SL·C<M153(R8/llo)
TOTAL P.04
City of Muskegon
Muskegon County, Michigan
ORDINANCE NO. 2040
The City Commission of the City of Muskegon hereby ORDAINS:
Appendix B of the Code of Ordinances of the City of Muskegon concerning the General
Employees Retirement System is amended as follows:
1. Voluntary Retirement Conditions:
Section 5.1. A person may retire upon satisfaction of each of the following requirements:
(I) The person has filed written application for retirement with the board of trustees
not less than 30 days nor more than 90 days prior to the date retirement is to be effective;
(2) The person terminates all city employment prior to the date retirement is to be
effective;
(3) The person has met an applicable age and service condition for retirement.
The age and service conditions for voluntary retirement are as follows:
( 1) Benefit group general. The person has either:
(i) If represented by a labor organization at the time ofretirement or
separation from service, attained age sixty (60) years or older and has ten (10) or more
years of credited service in force, or
(ii) If not represented by a labor organization at the time of retirement or
separation from service, attained age sixty (60) years or older and has five (5) or more
years of credited service in force, or
(iii) Attained age fifty-five (55) years or older and has thirty (30) or more years
of credited service in force, or
(iv) Attained age fifty-four (54) years and has twenty-six (26) or more years of
credited service in force. A person may only qualify under this subsection if the person is
a non-bargaining unit employee that retires prior to December 31, 1987; or
(v) Effective January 1, 1995, attained age sixty (60) years or older and has
five (5) or more years of credited service in force and is represented by the Public
Employees of the Southwestern Michigan Clerical and Technical Union (clerical and
technical employees) at the time ofretirement or separation from service; or
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(vi) Effective January 1, 2001 and if not represented by a labor organization at
the time of retirement or separation from service, attained age fifty-five (55) years or
older and has twenty-five (25) or more years of credited service in force.
Upon retirement as provided in this section a person shall be paid a pension computed
according to Section 6.
This ordinance adopted:
Ayes: Spataro, Aslakson, Schweifler, Shepherd
Nays: Benedict Nielsen, Sieradzki
Adoption Date: - -=2--_13_-__.:.0_1_ __
Effective Date: - -
3-3-01
- -- - - -
First Reading: _ _12_-_1_2_-_00_ __
Second Reading: _1_-9_-_0_·1_ _ __
Third Reading: 2-13-01
By:_~~~~~~~~~~
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 13th day of Febru ar y , 2001, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I fmiher certify that the meeting was conducted, and public notice was
given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: February 13, 2001
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on February 13 , 2CD1 , the City Connnission of the City of
Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the
General Employees Retirement System, sunnnarized as follows:
1. Section 5.1 shall be amended to provide for voluntary retirement for non-union
employees after fifty-five (55) years of age with twenty-five (25) years of credited
service.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during reglar business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published February 21 , 2001 By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
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