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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 24, 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:
o PRESENTATIONS:
o CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Annual Taxicab License Renewal. CITY CLERK
c. Purchase of 2026 Waalkes Street (Seaway Industrial Park)
PLANNING & ECONOMIC DEVELOPMENT
d. Sale of Buildable Vacant Lots on Erickson Street. PLANNING &
ECONOMIC DEVELOPMENT
e. Approve the City of Muskegon 2001 Action Plan. COMMUNITY
AND NEIGHBORHOOD SERVICES
f. Consideration of Bids - Houston, Sanford to First. ENGINEERING
g. City - MDOT Agreement for: Sherman Blvd., Glenside to Lincoln.
ENGINEERING
h. City -MDOT Agreement for Laketon Avenue, Wood to Peck.
ENGINEERING
i. Purchasing of Computer Equipment. POLICE
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
a. Report on Special Assessment Notification.
o UNFINISHED BUSINESS:
a. Concurrence with Housing Board of Appeals Notice & Order to
demolish:
1) 15 E. Muskegon
• NEW BUSINESS:
a. First Quarter 2001 Budget Reforecast. FINANCE
b. Street Vacation. Watson Avenue. East of Nelson. PLANNING &
ECONOMIC DEVELOPMENT
c. Alley Vacation. bounded by Beach. Nelson. Rodaers and Lake.
PLANNING & ECONOMIC DEVELOPMENT
d. Muskegon County Gasoline Prices. CITY MANAGER
e. Condemnation of Land for Lakeshore Bike Path {Waterfront Centre
Property). PLANNING & ECONOMIC DEVELOPMENT
f. Request for Permission to apply for two {2) FEMA Grants for Fire
Protection. CITY MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: April24,2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, April 9, 2001 and the Regular
Commission Meeting that was held on Tuesday, April 10, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 24,2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, April 24, 2001.
Mayor Fred J. Nielsen opened the meeting by introducing Dr. M.J. Bender, of
Conquering Faith Fellowship, who offered the prayer after which the 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 COMMISSIONE MEETING:
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioner
John Aslakson; Jone Wortelboer Benedict; Robert Schweifler; Clara Shepherd;
Lawrence Spataro.
2001-44 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, April 9, 2001 and the Regular Commission Meeting
that was held on Tuesday, April l 0, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Annual Taxicab License Renewal. CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wake-
field Leasing, whose office is located at 770 W Sherman Blvd., Muskegon, Ml. Mr.
Wakefield is requesting approval of a license to operate 20 taxicabs for both
Port City Cab and Yellow Cab Company. He has 16 taxicabs at this time and
plans on adding 4 more. The Muskegon Police Department has inspected 16 of
the taxicabs and approves this request. Staff recommends approval of the 16
taxicabs.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of 16 taxicabs.
c. Purchase of 2026 Waalkes Street (Seaway Industrial Park)
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 2026 Waalkes Street
pursuant to the City of Muskegon goal of creating the Seaway Industrial Park.
This request is pursuant to a purchase agreement signed by Henry Herbst, 4127
Deerrun, Muskegon, Michigan on April 13, 2001. The purchase price is
$43,000.00.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly or U.S. EDA funds
will be used to purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the attached resolution con-
senting to the purchase of 2026 Waalkes for the development of the Seaway In-
dustrial Park.
d. Sale of Buildable Vacant Lots on Erickson Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the four (4) vacant buildable lots
on Erickson Street (designated as parcel numbers 24-205-141-0012-10, 24-205-
141-0012-00, 24-205-141-0013- l 0, and 24-205-141-113-00) described as Lots 12 &
13, Block 141, Revised Plat of 1903 to Douglas and Jeanette Moore, of 1232
Chestnut Street, Muskegon, Ml. the combination of the four buildable lots results
in a lot that is 132 X 132 feet. The lot is being offered to Mr. and Mrs. Moore for
$3,500.00. They plan to use the land for the construction of a 1,366 sq. ft. single-
family home with a two stall attached garage. The Moore's are participants in
the City's Infill Program. The price of the lot is set through Jackson Hill Marketing
Plan at $3,500.00 and the Moore's submitted the only bid of $3,500.00.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will gen-
erate additional tax revenue for the City and will place the property back on
the tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached resolution and to authorize
both the Mayor and City Clerk to sign said resolution.
COMMITTEE RECOMMENDATION: The LRC recommended approval at their
March 20, 2001 meeting of these four lots for the construction of one single fam-
ily home through the city's In-Fill Program.
e. Approve the City of Muskegon 2001 Action Plan.
COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the 2001 Community Development/HOME
Action Plan for the 2001-2002 fiscal year. It is further requested that the Commis-
sion authorize the Mayor and City Clerk to sign the 2001-2002 Action Plan, so the
-Community and Neighborhood Services can request the U.S. Department of
Housing and Urban Development to release the 2001-2002 City of Muskegon
CDBG/HOME Funding.
FINANCIAL IMPACT: The total CDBG/HOME funding is approximately $1.8 million
dollars.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve both items.
h. City-MDOT Agreement for: Laketon Avenue. Wood to
Peck. ENGINEERING
SUMMARY OF REQUEST: To approve the attached contract with Michigan De-
partment of Transportation for the Milling & Resurfacing as well as the construc-
tion of a left turn lane on Laketon Ave. from Wood to Peck and to approve the
attached resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: Michigan Department of Transportation participation is
about $150,000. The estimated total cost of the project is $350,000.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the attached agreement and resolution be
approved.
i. Purchase of Computer Equipment. POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of FY 2001 Weed and Seed grant money to purchase new
computer hardware and supporting software for the narcotics team. The cur-
rent hardware ranges in age from 4-6 years. This request includes an upgrade
that will allow easy access to our county-wide records system, photo retrieval
and reproduction and instant access to the Law Enforcement Information Net-
work.
FINANCIAL IMPACT: No impact on general fund monies.
BUDGET ACTION REQUIRED: $16,886.31 in grant money to be utilized for this pur-
chase. Dell submitted the low bid(per attached quote from Information Serv-
ices).
STAFF RECOMMENDATION: In order to increase the efficiency of the narcotics
unit, staff recommends that the Commission authorize the purchase of the
computer system.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to ap-
prove the consent agenda as read with the exception of items f,g, which were
removed.
ROLL VOTE: AYES: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
NAYS: None
MOTION ADOPTED
2001-45 ITEMS REMOVED FROM CONSENT AGENDA:
f. Consideration of Bids - Houston, Sanford to First.
ENGINEERING
SUMMARY OF REQUEST: To award the contract for the construction of Houston
between Sanford and First to Felco Contractors since they were the lowest re-
sponsible bidder with a bid price of $98,088.25.
FINANCIAL IMPACT: The construction cost of $98,088.25 plus related engineer-
ing expenses.
BUDGET ACTION REQUIRED: None, this project will be funded from the money
that was budgeted for Division Street.
STAFF RECOMMENDATION: Award the contract to Felco Contractors.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Aslakson to
award the contract for construction of Houston between Sanford and First to
Felco Contractors.
ROLL VOTE: A YES: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradski,
Spataro
NAYS: None
MOTION ADOPTED
g. City - MDOT Agreement for: Sherman Blvd. Glenside to
Lincoln. ENGINEERING
SUMMARY OF REQUEST: To approve the attached contract with Michigan De-
partment of Transportation for the Milling & Resurfacing of Sherman Blvd. From
Glenside to Lincoln and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: Michigan Department of Transportation participation is
about $560,000 but not to exceed 81.85% of eligible cost. The estimated total
cost of the project including engineering and water services which are not a
participating cost is $850,000.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street and Water Fund as was budgeted.
STAFF RECOMMENDATION: That the attached agreement and resolution be
approved.
Moved by Commissioner Asiakson, seconded by Commissioner Spataro to ap-
prove the contract with MDOT for Milling and Resurfacing of Sherman Blvd. From
Glenside to Lincoln.
ROLL VOTE: AYES: Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
NAYS: Benedict,
MOTION ADOPTED
PUBLIC HEARINGS: None
COMMUNICATIONS: None
2001-46 CITY MANAGER'S REPORT:
a. Report on Special Assessment Notification.
Discussion was held on Special Assessment Notification. No action was taken at
this time.
2001-47 UNFINISHED BUSINESS:
a. Concurrence with Housing Board of Appeals Notice & Or-
der to demolish 15 E. Muskegon INSPECTIONS (From April 10 meeting)
(Staff requests that this item be delayed until the next regular meeting unless
items are worked out with the property owner prior to that date (then it will not
need to be on the agenda).
SUMMARY OF REQUEST: This is to request that the City Com m1ss1on
Concur with the findings of the Housing Board of Appeals that the structure lo-
cated at 15 E. Muskegon. Muskegon Ml is unsafe, substandard, a public nui-
sance and that it be demolished within thirty (30) days. It is further requested
that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
Item postponed until the May 8th meeting.
Moved by Commissioner Benedict, seconded by Commissioner Schweifler to
postpone this item until the May 8th meeting of the Regular Commission.
ROLL VOTE: A YES: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict,
NAYS: None
MOTION ADOPTED
2001-48 NEW BUSINESS:
a. First Quarter 2001 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2001
Budget Reforecast which outlines proposed changes to the original budget that
have come about as a result of changes in policy priorities, labor contracts, up-
dated information, or other factors. For the next meeting, an action item will be
placed on the agenda for adoption of the proposed first quarter budget re-
forecast together with any additional changes deemed necessary by Commis-
sioners.
FINANCIAL IMPACT: The first quarter 2001 Budget Reforecast reflects only very
minor changes. The primary adjustments are in the area of capital improve-
ments. We're pleased to report that two major budgetary challenges (2000
census and healthcare costs) have been surmounted with no real damage to
the budget.
BUDGET ACTION REQUIRED: Self-explanatory
STAFF RECOMMENDATION: The City Commission should review the Reforecast to
ensure it reflects their policy initiatives. At the next City Commission meeting,
staff will request formal approval of the Reforecast and related budget
amendments.
No vote necessary at this time.
b. Street Vacation. Watson Avenue. east of Nelson.
PLANNING
SUMMARY OF REQUEST: Request for vacation of Watson Ave., east of Nelson St.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Planning Commission recommended approval
of the alley vacation at their April 12th meeting. The vote was unanimous.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to ap-
prove the vacation of Watson Ave, east of Nelson Street.
ROLL VOTE: A YES: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler,
NAYS: None
MOTION ADOPTED
c. Alley Vacation. bounded by Beach. Nelson. Rodgers and
Lake. PLANNING
SUMMARY OF REQUEST: Request for vacation of both the north/south and the
east/west alleys in Block 753 (bounded by Beach St., Nelson St., Rodgers Ave.,
and Lake Ave.).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Planning Commission recommended approval
of the alley vacation at their April 12th meeting. The vote was unanimous.
Moved by Commissioner Schweifler, seconded by Commissioner Aslakson to
approve the vacation of both the north/south and east/west alleys in Block 753.
ROLL VOTE: A YES: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd,
NAYS: None
MOTION ADOPTED
d. Muskegon County Gasoline Prices. CITY MANAGER
SUMMARY OF REQUEST: To approve a resolution to support Muskegon County's
investigation into why gasoline prices are more expensive that those of area
counties.
FINANCIAL IMPACT: Reduction in gasoline prices could save the City significant
money.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached resolution.
COMMITTEE RECOMMENDATION: This resolution was requested by the City
Commission at their meeting of April 10, 2001.
Moved by Commissioner Shepherd, seconded by Commissioner Aslakson to
approve the resolution to support Muskegon County in their investigation into the
gasoline prices.
ROLL VOTE: A YES: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki,
NAYS: None
MOTION ADOPTED
e. Condemnation of land for Lakeshore Bike Path (Waterfront
Centre property). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval of resolution to initiate eminent domain (con-
demnation) proceedings against Fifth/Third Bank for a parcel of land required
for the construction of the Lakeshore Trail. Fifth/Third has been offered
$22,000.00 for the subject property, which was based upon an independent ap-
praisal. The condemnation would constitute a "partial take" of the property,
amounting to approximately 15,000 square feet. No response to this offer has
been received from Fifth/Third Bank.
FINANCIAL IMPACT: $22,000.00 plus any jury verdict in excess of this amount,
plus litigation costs. The funds will come from the proceeds of the sale of the
Chase Hammond Golf Course.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of this request and for
the Mayor and City Clerk to sign the Declaration of Taking and Resolution.
Moved by Commissioner Benedict, seconded by Commissioner Schweifler to
approve the resolution to initiate eminent domain proceedings against
Fifth/Third Bank for a parcel of land required for the construction of the Lake-
shore Trail.
ROLL VOTE: A YES: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro,
NAYS: None
MOTION ADOPTED
f. Request for Permission to apply for two (2) FEMA Grants for
Fire Protection. FIRE
SUMMARY OF REQUEST: The Fire Department is requesting City Commission per-
mission to apply for two (2) Federal Emergency Management Agency grants for
fire protection for the City of Muskegon.
FINANCIAL IMPACT: $70,000 from Public Improvement Fund
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of grant applications to
Federal Emergency Management Agency for a fire training tower and rescue
boat.
Moved by Commissioner Benedict, seconded by Commissioner Aslakson to ap-
prove the request for permission to apply for 2 Federal Emergency Management
Agency grants for fire protection.
ROLL VOTE: A YES: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson,
NAYS: None
MOTION ADOPTED
2001-49 ANY OTHER BUSINESS:
a. Reports on Tax abatements:
Moved by Commissioner Spataro, seconded by Commissioner Schweifler to ta-
ble the issue on tax abatements for the next work session agenda for the May 7th
work session.
ROLL VOTE: A YES: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict,
NAYS: None
MOTION ADOPTED
2001-50 PUBLIC PARTICIPATION:
Various comments were heard from the general public.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to refer
the issue of leaves on vacant city lots to the Land Reutilization Committee.
ROLL VOTE: A YES: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen,
NAYS: None
MOTION ADOPTED
ADJOURNMENT:
The Regular Commission Meeting for the City of Muskegon was adjourned at
6:55pm.
Respectfully submitted;
Gail Kundinger, CMC/AAE
City Clerk
GK/do
Date: April 24, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Annual Taxicab License Renewal -
Port City Cab Company & Yellow Cab Company
SUMMARY OF REQUEST: This request is from Thomas Wakefield,
owner of Wakefield Leasing, whose office is located at 770 W. Sherman
Blvd., Muskegon, Ml. Mr. Wakefield is requesting approval of a license
to operate 20 taxicabs for both Port City Cab Company and Yellow Cab
Company. He has 16 taxicabs at this time and plans on adding 4 more.
The Muskegon Police Department has inspected the taxicabs and
approves this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of 16 taxicabs.
-:1(5<) - 7 'j
ACORD. CERTIFICATE OF LIABILITY INSURANC~j~3JW I 02/28/01
DATE (MM/00/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MOURER-FOSTER, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
615 N. CAPITOL AVE. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LANSING, MI 48933
Phone:517-371-2300 INSURERS AFFORDING COVERAGE
INSURED INSURER A: American Country Insurance
INSURERS:
Wakefield Leasi~ Corp INSURERC:
DBA Port City C Co.
770 W. Sherman
COVERAGES
:-iuskegon MI 49441
INSURER D:
INSURERE: M::il, UlL."K
11 WVVI
i'"I. .. l" ....J
.,LI \\,J "4 .JJ
II
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN·REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE POLICY NUMBER b2f!f~iil&BmYE Pi?}+<g1:~~tim?N LIMITS
~NERAL LIABILITY EACH OCCURRENCE $
7 CLAIMS MADE •
COMMERCIAL GENERAL LIABILITY
OCCUR
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
PERSONAL & ADV INJURY
$
$
-
---
GENERAL AGGREGATE '
$
n'LAGGREnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $
PRO-
POLICY JECT LOG
AUTOMOBILE LIABILITY
1 COMBINED SINGLE LIMIT
(Ea accident) $
A ~
ANY AUTO TCA0002908 07/01/00 07/01/01
ALL OWNED AUTOS
BODILY INJURY
' (Per person) , 100,000
~ SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
' NON-OWNED AUTOS (Per accident) • 300,000
'--
~ PROPERTY DAMAGE
(Per accident) $ 50,000
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO EAACC $
OTHER THAN
AUTO ONLY: AGG $
n EXCESS LIABILITY
OCCUR • ~LAIMS MADE
EACH OCCURRENCE
AGGREGATE
$
$
R DEDUCTIBLE
RETENTION $
$
$
$
julH·
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I TORY'LIM1Ts I ER
E.L. EACH ACCIDENT $
E.l. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
'
$
OTHER
DESCRIPTION OF OPERATIONS/L0CATI0NSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
SEE ATTACHED VEHICLE SCHEDULE
CERTIFICATE HOLDER 7N- ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
MUSK003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Muskegon DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3_Q____ DAYS WRITTEN
Attn: Bruce Dodge NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE.LEFT, BUT FAILURE TO DO SO SHALL
PO Box 536
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AG~NTS OR
933 Terrace St.
Muskegon 1 MI 49440 REPRESENTATIVES,
Al ,~:;c-fi'
AUTHORIZED REPRESEN-~IVE
' Adam Hirsc~L~' ,,,..
.
ACORD 25-S (7/97) ,
(/ ©ACORD CORPORATION 1988
APPLICATION FOR TAXICAB OPERATOR
in the
C I'IY OF MUSKEGON,
Name of Company (d,b,a.) ~(A!.!::...::.l.~='l-'=L..::!(_.!fl-"""'
Address of Office _ _ _ _ _ _ _ _ _.:__ _ __!:__ _;~~'Jt.~iz~~2!!:!:!!!!:l~---
Name & Residence of ) ---=-~---...-,.--~---,.,----,.-,,-;---. Age._ _ __
each person interested ) q~ /
1J /1 , ,,...,..,.
in or connected with the ) ~ - f.M_It.fl.. Age =>::J
above, individual, firm or)
corporation. ) - - - - - - - - - - - - ' - ' - - - - - - - Age_ _ __
Age._ _ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __
Present Business of. each person
connected with the above application.
Give experience of. applicant in taxicab
business in this City or elsewhere.
12.w~
Number of cabs applicant proposes to use_ _ __ 2.D '-\~'
Are there any unpaid or unbonded judgments pt/.. _ ~
\)
o:f record against the applicant -------#"4f.~~=--------------- J..O
Have any oI the persons connected with the
7orporation been charged with or conyi_r;t~
it so, state date and Court. /,Ir. .S.,
Name 0£ insuxance company with which
applicant is insured and amount of coverage.
Name o:f local agent or. representative, --'::.I
Is 1:he above applicant
proposed to be used?
State liens, mortgages other including conditional sales
contracts on such taxicabs.
Attached hereto is a list or the automobiles with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.
The applicant's annual :financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application. . , ,j
Signature /4rr-w-4 LJ~~
Subscribed and sworn to before me . . d ~ h 7
a Not~-.Public in a.n .or Mus~egon
County, Michigan, this C:tJ..
day or , ;' / , 11'- ;)._oo I "
./I
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f:.6.'J-4 /, ..V{
Notary Public
Application Approved
Chief of Pol1.ce
APPLICATIOO FOR TAXICAB OPERATOR
in the
CITY CF MUSKEGON, MICHIGAN
Name of Company ( d 'b 'a.) po,,,i,f C;'{! C1r..b
. I
Address of Office -------1--1-:.D....l.lL~~~n'.!.tl:.-:c;.~--------------
Name & Residence of ) _ _..::.f..::z:t_.L,'-i..:::...al.L.I-=...:......,.--,,.---- A g e ~
each person interested )
in or connected with the ? ,V
) _ _/..JZ.._¢:;t...,if::J~:/::;.:_i;'[l;;,t:.,t_'.J__ _ _ _ _ Age._.,..,._'-'-2'.__
above, individual, firm or)
corporation. ) ....:L;t:~'.,Q.az!i.,!.lj..;\e.-LJ..l::::.,,t:::J.2:!.'-L..----Age_ __
-4~'--'--'--..!:f!.~!J4~'fo:...:::::;.;,:;,m)!a._L--_ _ _ _ Age_ _
y9f"f/ Age_ _
Present Business of each person
connected with the above application. ~
·
/J1ii/y ,{__ d-_ lkL
f,"tJfbJc/1-t, e1;v74- 1f/b1J
Give experience of applicant in taxicab
business in this City or elsew ere.
· 1fZ, i/e,1.- <;;,/IICl2 c. • ., (, l
Number of cabs applicant proposes to use,__.~-1-=v~h:;;..,~/::,...,____________
Are there any unpaid or unbonded judgments, la,-.
'------~___,
of record against the applicant -----~f.;:...V~(C~✓----------------
Have any of the persons connected with the above as individual, firm or
t:;orporation been charged with or convi_ctru:i o:f any crime o~ __misd~meanor,'
i:f so, state date and Court. l/ &C-{'ii.,, , · ~ tv'
Name 0£ insurance company with which ,i ., r::!,_ / .., /t~?;l·~/~~"
applicant is insured and amount of Coverage. /JJO?/ 112.e-c CJ?i'~ :> c:0,1
Name of local agent or representative.--Ll,.~D~{µ:µ,ij~--,,ifc
;,;,;"::t~·~c~/,cA?if----------
Is the above applicantSthe sole owner of all the automobiles
proposed to be used? ---+~-e~.....__________________,____
contracts on such taxicabs. . / a.1,/ t,. £ es
State liens, mortgage~ or othe~:ybrances inc+fhfg c;&q_itional sales
b½ ~-111 <'; 7c
Attached hereto is a list of the automo~iles with name of make, bly-styl~,
year, serial and engine number, state license plate number~ seating
capacity, weight of car which is considered a part of this application.
The applicant 1 s annual financial and profit·and loss statements covering
his operations during the last preceding fiscal year shall to
this application. /1
Signature L/Z,r;. ✓,~,
Subscribed and sworn to before me a Nota~r Public in an - or .Muskegon .
County, Michigan, this /f) tA day of IJCI / , ~ ,;L.uo /.
My commission expires
9-;,?S;-o a
ciia1.&Notary/2.Public
rf/,tfr~.
Application Approved
Chief of Police
APPLICATIOO FOR TAXICAB OPERATOR
in the
CITY OF MUSKEGON, MICHIGAN
Name of Company (d,b,a.)
A
,r:irr ,-L
I I ,l
Address of Office 7 70 L,v -5 ,7 r r w, "',,.,
Name & Residence of ) ------'5'-·... +_.f,::.N.s:;..,;;;!:'.;;;.-_.,_f.....::q,_,_,-'-n.:-.Cibf._·._1.,,_,;;.:...__ Age J./5'
each person interested ) 0
in or connected with the ) _ _ _.;:/..;.'3;.•_a:;?_(;.'_;._·_.1;fl:;.·;,~..:·,_/,:;.'te;·c"."°"-l-:;.K<_«-'f"-.-_;,'_____ Age._ _ __
above, individual, firm or)
corporation. ) ---~!1~)_';:.'•w.l~f~. .
•~t1:;.··_.r:...:;..l1c.·~,--~~(_..'l_S_·_c..;~_3_ _ Age._ __
_ _ _ _ _ _ _? ____________ Age._ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ _ __
Present Business o£ each person
connected with the above application.
Give experience o£ applicant in taxicab
business in this City or elsewhere. /:,-1.",-r'
.
✓
L<
I
f//
/
Number of cabs applicant proposes to use,____...;;;2:;c..______________
Are there any unpaid or unbonded judgments 1
of record against the applicant ______....;r:;.-1..;•.....;:C~J_ _ _ _ _ _ _ _ _ _ _ _ _ __
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of any crime or misdemeanor,
if so, state date and Court.-----''-"--'!~)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name o.f insurance company with which ,n .-,"" -I
applicant is insured and amount of coverage. /-t!Jt,~-~..,1{.'t:'l,0 (__1;ip-11 ~ ~"l/
Name o-£ local agent or representative. /)'{ fj £4 ( f ~- f--0 j t' e J'~-
Is the above applicant the sole owner of all the automobiles
proposed to be used? / .2
-----"¥-=--'-------------------------
State liens, mortgages or conditional sales
contracts on such taxicabs.
Attached hereto is a list oft e automobiles wi h name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.
The applicant's annual financial and profit- and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.
Signature __________________
Subscribed and sworn to before me a Notary Public in and for Muskegon
County, Michigan, this ____ day of _____________ , 19____
My commission expires
Notary Public
Application Approved
Chief of Police
Commission Meeting Date: April 24, 2001
Date: April16,2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ!j'/
RE: Purchase of 2026 Waalkes Street • Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 2026 Waalkes Street pursuant to the City of Muskegon
goal of creating the Seaway Industrial Park. This request is pursuant to a purchase
agreement signed by Henry Herbst, 4127 Deerrun, Muskegon, Michigan on April 13,
2001. The purchase price is $43,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly or U.S. EDA 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 2026
Waalkes for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
4/16/2001 1
Resolution No. 2001 -44 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 2026 WAALKES STREET
FOR$43,000
WHEREAS, the City of Muskegon and Henry Herbst have entered into a purchase agreement
for property located at 2026 Waalkes Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 2026Waalkes 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 or
U.S. EDA 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 2026Waalkes Street, Muskegon, Michigan for ihe amount of
$43,000.
Adopted this 24th day of April 2001.
AYES: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
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 April 24, 2001. ~ . / _
, I ' ~~dft-'---'
Gail Kundinger, Clerk
4/16/01 2
REAL ESTATE PURCHASE AGREEMENT
I
,·) , ,
THIS AGREEMENT is made l ..c::>i1..L• // , 2001, by and
,' -·I ·/ i f i
b etween_Jih.d1/?l.1 -~!-- ,AL'L.l:.,,,:1.-f-;'7,', anc;t . ,
.
---------~'
,. of .l_/,1 :.i .-;,
/ r .;_..,,;.. /
/1 .· i _. " '!
'4--,:c---'J(.,./2-.,...,.(.j..._,.,-
,,,
MUSkegOn, Michigan 4944@,("Seller"), and the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
Lots 12&13, Block 1 of Young & Williams Addition, City of Muskegon
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be Forty-Three Thousand ($43,000) Dollars, payable in cash
or city check to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments 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.
. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole dis_cretion 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 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 the house.
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 termination 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:
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.
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 environmental contamination of
any kind.
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.
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 IT 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 indemnify
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.
10. 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,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than 30 days from the date of closing.
14. Costs. Buyer shall be responsible to pay the Michigan transfer tax
in the amount 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.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
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 parties have executed this Real Estate Purchase Agreement the day
and year first above written.
WITNESSES: BUYER: CITY OF MUSKEGON
5&~ Cl.Vi\_ 1-(R.v-K~, ,d(:,
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SELLER:
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This House
2026 Waalkes Street
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LEGEND:
SeawaylP-lots
LJ PropertyAcquited
LJ C1Jrrenlly lr1dusb1al
SEAWAYINDUST~ALPARK D Fulure Purchase
City of Muskegon, Michigan LJ Property 8 uywlg
- SeawaylP-bounda,y
Ptt ~ rtd b;-;
P IIM'ng 01pu11'111M
Q lyofUIISk~I\ MI
Datt: FtbNII)' 2001
Stafl.ffllchltl '#.
R•:ml!ltpj'Ojllu ... 1)'4'. l?f
SURVEY WAIVER
Date: May 8, 2001
RE: 414492
To: Transnation Title Insurance Co. Property Address:
2026 Waalkes St.
Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers. of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release Transnation Title Insurance Co. and, its employees and/or agents, from
any responsibility and/or liability concerning or pertaining to survey matters, including,
but not limited to size of lot or land, location of boundary line, location of building and
eRcroachments.
PURCHASER(S):
City of Muskegon
'Reiir: ers·~ V
~Q.-~
Arlene J. Herb!!'t'
anner
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 414492
COUNTY OF Muskegon
jss
That Henry F. Herbst, Jr. and Arlene J. Herbst, husband and wife being first duly
sworn on oath says that they are the true and lawful owner(s) of the premises located
at:
2026 Waalkes St.
Muskegon, Michigan 49442
AND
1,. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked. unknown. or misquoted taxes, special assessments. water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
I"
/\
Subscribed .and sworn to, before me a Notary Pub(c, this : ~ 2 0 0 1
Notary Public _______ County
My Commission Expires:
AMYB. FETT
,,10,a,y 1°ubllo, Muskegon County, Michigan
• Mv Comm!ss1(in Elq)lres 4-19-2003
Michigan Department of Treasury
l•4258 (Rev, 9/94)
REAL EST ATE TRANSFER TAX VALUATION AFFIDAVIT
This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended.
<c••
This form must be filed when you choose not to enter the amount paid for real estate on the
deed. It is required whether the transfer is taxable or not. It is not necessary when the amount
paid is entered on the deed. This form must be completed and signed by either the seller or
his/her authorized agent.
I1. County I I2. City or Township
I Muskegon I I Muskegon
13. Seller's Name and Mailing Address I /4. Purchaser's Name and Mailing Address
I Henry F. Herbst. Jr. I I City of Muskegon
I Arlene J. Herbst I I
I 4127 Deerrun Lane I I 933 Terrace Street
I Muskegon, Michigan 49442 I I Muskegon, Michigan 49443
15, Type and Date of Document I /6. Cash Payment I 17, Amount of County Tax
I I I I I $47.30
I Land Contract Date: I ~------------~ ~--------~
I I 18, Amount of Mortgage/Land Contract I 19. Amount of State Tax
I -"- Deed Date: 05/08/01 I I I I $322.50
110. If consideration is less than market value. I Ill, Total Consideration(add lines 6&8) I 112. Total Revenue Stamps
I state market value I I 143.ooo.oo I I $369.80
13. Legal Description of Real Estate Transferred:
Lots 12 and 13, Block!, Young and Williams Addition to Muskegon Heights. as recorded in Liber 3 of Plats. Page 39,
Muskegon County Records.
State of Michigan }
}ss.
County of Muskegon }
I certify that the information above is true and complete to the best of my knowledge and
that the value stated is the full market value of the property.
Datep3s 8th day of May, 2001 Signed:
Su~fcrib~d and sworn to before me this 8th day of May, 2001
( j'~(;/bJJJL
Nota'fy Puilf c
My Commission Expires
AMYS. FETT
Notary Public, Muskegon County, Michigan
My Commission Expires 4-19-2003
WARRANTY DEED
STATUTORY FORM FOR INDIVIDUALS 414492
Form No. M-960
I<NOW ALL MEN BY THESE PRESENTS: That Henry F. Herbst, Jr. and Arlene J.
Herbst, husband and wife
whose street number and post office address is 4127 Deerrun Lane
Muskegon, Michigan 49442
Convey and Warrant to City of Muskegon, a Michigan Municipal
Corporation
whose street number and post office address is 933 Terrace Street
Muskegon, Michigan 49443
the following described premises situated in the City of Muskegon County of Muskegon and
State of Michigan, to-wit;
Lots 12 and 13, Block l, Young and Williams Addition to Muskegon Heights, as
recorded in Liber 3 of Plats, Page 39, Muskegon County Records.
61-24-895-001-0012-00
More connnonly known as: 2026 Waalkes St., Muskegon, Michigan 49442
Affix Revenue Stamps after Recording
for the sum of ONE AND 00/100, (•••$1.00*) Dollars
subject to easements, use, building and other restrictions of record, if any;
Dae this 8th day of May, 2001
of Signed and Sealed:
STATE OF MICHIGAN }
} ss.
COUNTY OF Muskegon }
I
The foregoing instrument was acknowledged befoie me thi
by Henry F. Herbst, Jr. and Arlene J. Herbst, husb
I
AMYS. FETT
Notary Publlc, Muskegon Coun", Michigan
Connni s s ion
M "" . . i:-, ,,,
e,'{pi~~SS/On '-"!"res 4-19-2003,
My Notary Public, County, Michigan
---------
County Treasurer's Certificate I City Treasurer's Certificate
I.
I
I
c - : ; , - - - - c - ; - - - - - - - - - - -Drafted
After recording return to:
- - ' -By:
~~~-------------
City of Muskegon Henry Herbst
933 Terrace Street 4127 Deerrun Lane
Muskegon, Michigan 49443 Muskegon, MI 49442
l-4260
Michigan Department of Treasury This form is issued under authority of
2766 (9-97) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal proptir,ty are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property 1s assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
I1. Street Address of Property J2. County J J4. Date of Transfer (or land contract was signed)
I 2026 Waalkes St. J Muskegon I I 05/08/01
l~~M~us""k"'eg~o~n~.~M~ic"'h~ig~accn_4""9-'-44-'-'2~~~--~~-1-______ I
13, City/Township/Village of Real Estate ill City I J5._)llrchase Price of Real Estate
I Muskegon U Township I I '-13 /)00
I Villa e I
16, Property Identification Number (PIN) If you don't have a PIN, I PIN. This number ranges From 10 to 25 digits. It
I attach legal descript'lon. I usually includes hyphens and so111et·l111es includes
I 61-24-895-001-0012-oo I letters. It is on the property tax bill and on the
assessment notice.
J7. Seller's (Transferor) Name I J8. Buyer's (Transferee) Name and Mailing Address
I Henry F. Herbst, Jr. I I City of Muskegon
I Arlene J. Herbst I I
I 933 Terrace Street
Items 9 - 13 are optional. However, by completing I Muskegon, Michigan 49443
them you may avoid further correspondence. I
Transfers include deeds, land contracts. transfers J9. I.)!Qe of Transfer _
involving trusts or wills, certain long-term leases I U Land Contract U Lease
and interest in a business. See the back for a I U Deed U Other (specify) _ _ _ _ _ _ _ __
complete list. I____________________
J!O. U Yes I Ill. Amount of Down Payment
l:-;;---,-'Isc-'"th~e_t~r~an~s~fe~rc--"'be~t~we~e~n~r~e~la~t~ed"---"p~er~s~on~s~?_ _ _ _~I....Ll~No"----1 I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Jl2. If you financed the purchase, U Yes I 113. Amount Financed (Borrowed)
l_~d~i~d_y~o~u~p~ayl.--"'~~r~k~et"--'-r~at~e~o~f-'-'in~t~er~e~st~?_ _ _ _ ___[I....Ll~No"----1 J_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Exemptions__= ~ - - , - - ~ - ~ - - - - - - ~ - ~ - - - - - = - - - - ~ - ~ - - - - ~ -
The Michigan Constitution limits how much a property's taxable value can increase ,ihile it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descr·lptions arc In MCL SecVlon 211.27a(7)(,1-111). If you believe th·ls transfer Is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information
!Q__support your claim.
U transfer from one spouse to the other spouse
U change in ownership solely to exclude or include a spouse·
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust where the settler or the settlor's spouse conveys property to the trust and is also the sole
_ beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spousE
U transfer to establish or release a security interest (collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under common control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other. specify:
Certification
,-,---c-c,---,-,--.,...---,-~-~-~--~---~~~------------
I certify that the information above is true and complete to the best of m:·,Y~k,,-n~ow,. ,l.:,ced,sg,,e"-.- ~ - - , - - - - - - - - - - -
!Owner's ·gnature I Date I J If signer is other than the owner, print name and
/~"--1::..-'--~._L:~.l&6.,"-=---i S- JJ, 0 I i i title.A:ss;sf ~ P/ d-->, J-Qr
414492 Q_ ~ 0,-p Vl'\.c. -.114~
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 414492
DATE: May 8th 2001
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of th~ dat~ of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form (Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
~lfase check one of the following:
l The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER ( S) :
City of Muskegon
Mich!a~n DGportment a£ .T~Ubau~y
z~o2 cn~v. 6~9,>
1'0;,:;1m:,.:ly ?~ 106 7
I.G:rnod undin.• P.A • .za7 Q'f 1??1.o.
P'i:!.1.n 15 ii:! a::equiracl if ycu wish to odju~t:. .llir1
l
m1mption,
INIIEQ!IJIE.ST TO iRIESC81NfD/W!TiHlDRA11/iJ' iH!OMEST!:AD IEXIEMIPTiON
Th/.s form ,111u5t i,,, filed with rhe 1Jsses:;or /or the cirv or tow,whip where th@ property is located.
iil'roperty i11fom11iitil:m (Always complete tlhis s0ctio111.I .,.
I• 2, ZIP Coda
49442
Straot address of prop0rty I i.:..J4moo of Township or City S. CoYM'/
2026 Yaall,o, st, I .L-1 lownohlp Muskegon
M aka on :,,fchi ian 49442 ll e1 t o-f NlJ~ko on
)> ~~ Uame oi 01:1nor(flr!3t, rntddlia, lost)
Wenr• f, 1-lorbst Jr.
I> G~ Name of co..O!.!ner(firet, mh:ldl0, l05t) I> 9, Co·01mar 1 s Social seeurity thm1bar
A loni:, J~ llerbst
PART A: Chango lim 1Eulstin9 E:<@mption
Compfefu, !hi$ porllow "" ,,,,,,;;,.., or .:Ji1Dnge ?h<J p'1vca,u "f lh9 ax<Jmptian cum:,ntfr,r ;,. piece.
1 L choc!e thla boil H you hove aold~ t:r-llln$forr'<ld al" cGn.v<:rt,od thl'll J'l'OJ;Jorw fr~rn yaur pririci~ol r~ehforit.:o
Co gnc1hor uao oveh as r@ntul proporty commotcial ~raporty or proporty wciting to bo aold ~ •• , ••
0
ll. 11 t~o portion of ihu praporty In ~~r 1 abQvo thot ycu own and qccupy
a~ your prlncipc! residence hes eho~god, ~ntar the neu perccntngo hero. .. ,1z._4 _.,__,_%.
Month oa 'loa':J:
n. Entor- the effet:ti\/E? dett1 of tho cflenge l fat.ed in sithor 11 or 12 • ~ • , .,1;;. j_J:_.I () 1.--atl
j 1-4. NeH Ownerae rnun11 I 15. New co-ownor•s Norn~
I Cit af uale on
I'ART B: Wlthdrawlll
Compl,;le /Ms por/JtJ,o if /he propflitV }$ vo,:;,;i11li,g "" exemption in '9m/V /!Inti did not quo/ify.
16. Enter the 'first y~ar the e~emptfon wns rc~aivod in error______ Off'le.a Uao Onl
C®rtificatoon
,,,;,,,
I Date 11B. Co-owner'£ Slgnetur~ I Dat~
I , ,p,,: tP J_I I
eity and Zip)
120. Cloi.h'19 Agent or Pre):.l11re-r~3 M81M' S ~ailif19 Addrez~
I
I 570 Somlnolo Rd S<JH• 10<
I
Commission Meeting Date: April 24, 2001
Date: April 11, 2001
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf,C-
RE: Sale of Buildable Vacant Lots on Erickson Street
SUMMARY OF REQUEST:
To approve the sale of the four (4) vacant unbuildable lots on Erickson Street (designated as
parcel numbers 24-205-141-0012-10, 24-205-141-0012-00, 24-205-141-0013-10, and 24-
205-141-113-00) described as Lots 12 & 13, Block 141, Revised Plat of 1903 to Douglas
and Jeanette Moore, of 1232 Chestnut Street, Muskegon, Ml. The combination of the four
unbuildable lots results in a lot that is 132 x 132 feet. The lot is being offered to Mr. and Mrs.
Moore for $3,500. They plan to use the land for the construction of a 1,366 sq. ft. single-
family home with a two-stall attached garage. The Moore's are participants in the City's In-
Fill program. The price of the lot is set through the Jackson Hill Marketing Plan at $3,500
and the Moore's submitted the only bid of $3,500.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
The LRC recommended approval at their March 20, 2001 meeting of these four lots for the
construction of one single family home through the city's In-Fill Program.
4/24/01
Resolution No. 2001 -44 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF FOUR (4) UNBUILDABLE LOTS IN
JACKSON HILL NEIGHBORHOOD FOR $3,500.
WHEREAS, Douglas and Jeanette Moore has placed a $200 deposit for the parcels designated as
parcel numbers 24-205-141-0012-10, 24-205-141-0012-00, 24-205-141-0013-10 and 24-205-
141-0013-00, located on Erickson Street;
WHEREAS, Douglas and Jeanette Moore have submitted the only bid of $3,500 for the parcel
designated as parcel numbers 24-205-141-0012-10, 24-205-141-0012-00, 24-205-141-0013-10
and 24-205-141-0013-00, located on Erickson Street;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
fiuther maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel numbers 24-205-141-0012-I 0, 24-205-
141-0012-00, 24-205-141-0013-10 and 24-205-141-0013-00, located on Erickson Street be sold
to the above-mentioned buyer.
LOTS 12 & 13, Block 141, Revised Plat of 1903;
Adopted this 24th day of April, 2001
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, l.VIichigan at a regular
meeting held on April 24, 2001. /
0 1
By: ~J,.,""c:iiv
Gail Kundinger, rk
ll___
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1
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to DOUGLAS MOORE and JEANETTE MOORE, husband and wife, of 1232 Chestnut Street, Muskegon, MI
49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
LOTS 12 AND 13 OF BLOCK 141, OF THE REVISED PLAT OF 1903;
for the sum of Three TI1ousand Five Hundred Dollars($3,500).
PROVIDED, HOWEVER, Grantees, or their assigns, shall commence construction to code of one (I) single family home on the
premises herein conveyed within eighteen (! 8) months after the date hereof. In default of such constrnction, title to the premises shall
revert to the City of Muskegon free and clear of any claim of Grantees or their assigns; and, in addition thereto, the City of Muskegon
may retain the consideration for this conveyance free and clear of any claim of Grantees or their assigns. Buyer shall remove only
those trees necessary for construction of the home. The home shall be owner occupied for five (5) years after the closing. In the
event ofreversion of title of the above described premises, improvements made thereon shall become the property ofGrantor.
Provided, further, that Grantees covenant that the parcel described above shall be improved with not more than one (I) single family
home. These covenants shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this 28th day ofJune, 2001.
Signed in the presence of: CITY OF MUSKEGON
elm~ /odz
Linda Potter,) ~
~n~w~~
STATE OF MICHIGAN
~~~
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 28th day of June, 2001, FRED J. NIELSEN and GAIL A.
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
G. Thomas Johnson, Parmenter O'Toole
d//lUfc; ,J 'f7odvc
Linda S. Potter
175 W. Apple Ave., Muskegon, Ml 49443-0786 Notary Public, Muskegon County, Michigan
Telephone: 231/722-1621 My commission expires: ~9'----'2"'5'----'0'"2~---------
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:ICOMMON\5\GTJ\C-RLEST\C-MOORE. QCD2.DOC
law fJjJias of PARMENTIER O'TOOLE
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.712.1621 • Fax 231.712.7866 or 718.2206
June 26, 2001
Ms. Linda Potter
City Clerk's Office
City Hall
Muskegon, MI
Re: City/Moore
Lots 12 and 13 of Block 141
Dear Linda:
Pursuant to your phone conversation this morning with Mary, enclosed is a duplicate of the quit-
claim deed to Douglas and Jeanette Moore. Please obtain the signatures of Gail and the Mayor,
and see that the names of the witnesses and the notary are typed beneath their respective
signatures. Please return the deed to our office as soon as possible in the envelope provided for
your convenience.
This deed replaces one signed on April 30, 2001, by Gail and the Mayor to the Moores. Tom
Olson of Transnation Title has requested the enclosed deed be executed at this time to satisfy
HUD requirements. Thank you.
Yours truly,
~ ~~~~~~'{___
G. Thomas Johnson ?:/"' ~'- ·
Direct Dial: 231.722-5400
Fax: 231. 728-2206
Internet Address: gtj@parmenterlaw.com
GTJ/mh
Enclosures
cc: Mr. Thomas U. Olson
G. Thomas Johnson John C Schrier Keith L. McEvoy Of Co11nsel Retired Paul T. Sorenson, 1920-1966
George D. Van Epps Christopher L. Kelly Anno K. Urick Thomas J. O'Too!e Robert L Forsythe George A. Parmenter, 1903-1993
John M. Briggs, HI Undo S. Koore Scott R. Sewick EricJ. 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. Brad Groom Jomes R. Scheuerle
G:\COMMON\5\GTJ\c-moore.ofson.ltr.doc
Affirmative Actinn
6161714-'6703,
Fi\Xl722-i-214.
Assessor
616/724-6708
r, AX/724-•! 178
Cemetery
616/724-67!13
FAX/726-5617
Ciyil Service
616/7.24-6716
F AXn24-4055
Clerk
616/724-6705
FAX1724-4178
Comm, & Neigh,
Services
616/724-6717
F AX/726-250 I
lfogineering
616/724-6707
FAXn27-6904
June 28, 2001
Finance
616/724-6713
FAX/724-6768
Fire Dept.
616/724-6792 lVIr. G. Thomas Johnson
F AX/724-6985 Parmenter O'Toole
· Income Tax 175 W. Apple
616/724-6770
F AX/724-6768
P.O. Box 786
l\liuskegon,J\III 49443-0786
Info. Systems
6I6n24-6706
FAXn22-4301 Dear Tom:
Leisure Service
616/724-6704
FAX/724-lI96
Enclosed is the signed quit-claim deed to Douglas and Jeanette Moore.
Manager's Office Thank you,
616/724-6724
FAX1722-1214
Mayor's Office
616/724-6701
FAX/722-1214
Linda Potter
Neigh. & Const.
,Services
616/724-6715 Enc.
FAX/726-2501 ·
Planning/Zoning
616/724-6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
T"reasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/.7J4-4106
F A-X~'iS:i-5290 City of Jl,foskegon, 933 1l'errnee §!reel, l'.O. Rox 536, Muskegon, Ml ~9443--0536
,;2_tJC!/· '/1/ {cf)
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to DOUGLAS MOORE and JEANETTE MOORE, husband and wife, of 1232 Chestnut Street, Muskegon, MI
49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
LOTS l2 AND 13 OF BLOCK 141, OF THE REVISED PLAT OF 1903;
for the sum of Three Thousand Five Hundred Dollars($3,500).
PROVIDED, HOWEVER, Grantees, or their assigns, shall commence construction to code of one(]) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such ·construction, title to the premises shall
revert to the City of Muskegon free and clear of any claim of Grantees or their assigns; and, in addition thereto, the City of Muskegon
may retain the consideration for this conveyance free and clear of any claim of Grantees or their assigns. Buyer shall remove only
those trees necessary for constrnction of the home. The home shall be owner occupied for five (5) years after the closing. In the
event of reversion of title of the above described premises, improvements made thereon shall become the property of Grantor.
Provided, further, that Grantees covenant that the parcel described above shall be improved with not more than one (l) single family
home. These covenants shall run with the land.
This deed is exempt frmn real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this JO+/, day of April, 2001.
Signed in the presence of: CITY OF MUSKEGON
~ ~ 1<'.~IA.k'!r-N sK·
s\O~ V\ l,:::'.,i., !Cow ~)Lj
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was aclmowledged before me this 30 t/2 day· of April, 2001, FRED J. NIELSEN and GAIL A.
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.
PREPARED BY:
G. Thomas Johnson, Parmenter O'Toole
dc/?da ~ .&-di
L.;JJJ,,, S. /off</'
175 W. Apple Ave., Muskegon, Ml 49443-0786 Notary Public, Muskegon County, Michigan
Telephone: 231/722-1621 My commission expires: _ _9'---""d,._,,,,r_-__,,0'--"',;2"-------~
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:ICOMMON\5\GTJ\C-RLEST\041101.C-MOORE.QCD.DOC
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made d '1 .Ap,, /
, 2001, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan
49440 ("Seller"), and DOUGLAS MOORE and wife, JEANETTE MOORE, of 1232 Chestnut
Street, Muskegon, Michigan 49442 ("Buyer").
1. General Agreement and Description of Prem.ises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
Lots 12 and 13 of Block 141 of the Revised Plat of 1903;
subject to the 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 Three Thousand Five Hundred Dollars ($3,500), payable, in cash, to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and.Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home. The
home shall be substantially completed by that time and, in the event said substantial completion
has not occurred, or the restriction of this paragraph relating to tree removal is violated, in the
G \COMf,lOMS\GTJ\C,RLEST\041101.C-MOORE PA OOC
sole judgment of the City, the property and all improvements then installed shall revert in title to
the City, without any compensation or credit to Buyer. Buyer further covenants that the home
shall be owner occupied for five ( 5) years after the closing. The covenants in this paragraph shall
survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THEWARRANTY OF BUYER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS
A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closfog. The closing date of this sale shall be on or before c~cJ"L }·'-/
2001 ("Closing"). The Closing shall be conducted at Transnation Title Insurance7Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
2
G \COMM01115\GTJ\C-RLESM41101 C·MOORE PA DOC
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
Buyers are purchasing the Premises under the Jackson Hill Marketing Plan and
using the following incentives:
Two-story $2,000
Decorative Windows $ 200
Window Shutters $___JQQ
Total $2,300
The total amount of these incentives, Two Thousand Three Hundred Dollars ($2,300), will be
deducted from the amount due at closing pursuant to the In-Fill Program.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
wananties, 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
3
G ICOMMON\SIGTJIC-RlEST\041101 C-MOORE PA DOC
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
DJ o_ -K.,~~,
FredJ.Ni. s ;;, Mayo~ }
Gail A. Kundinger, Clerk
BUYER:
CJGrv,. fjr2, /~ S)~~ 1'frv.,,.,y;,
(;LJ,_ (3~ C ,-,••
Jer.tte Moore
•
_ . . __ ,., .-
Social Security No. 3 7 3 ·-6 rf--5 :?,56 •
Drafted by:
G. Thomas Johnson
PARMENTER OTOOLE
175 W. Apple Avenue
P.O. Box 786
Muskegon, Michigan 49443-0786
Telephone: 231/722-1621
4
G \COMMON\5\GT J\C-RlEST\041101.C-MOORE.PA.DOC
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 414811
jss
COUNTY OF Muskegon
That City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
V/L Erickson
Muskegon, Michigan 49442
AND
l, That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc, other
than the contract with the grantees in a certa·in deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only a_nd have no other interest in the premises whatsoever,
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
sbon as informed of such.
Seller(s):
City of Muskegon
Subscribed and sworn to. before me a NPt ary Public, this 10th day of May. 2001
Notary Public _______ County
i"ty Commission Expires:
KIMBERLY S, DURNELL
J"tary Public, Muskegon County, Ml
[· iy Commission Expires 6-8-2004
SURVEY WAIVER
Date: May 10. 2001
RE: 414811
TRANSNATION TITLE INSURANCE CO Property Address:
570 SEMINOLE ROAD. SUITE 102 V/L Erickson
MUSKEGON MI 49444 Muskegon. Michigan 49442
County: Muskegon
the undersigned, purchasers and sellers. of the above captioned property, acknowledge
we•have been strongly advised by you to obtain a land survey showing the dimensions of the
0e pertY and the location of all buildings situated thereon.
ro
p have decided. completely of our own volition, not to obtain a survey and wish to
we piete the transaction without the recommended survey.
corn
ereby release TRANSNATION TITLE INSURANCE CO, its employees and/or agents. from any
we 5 phonsibility and/or liability concerning or pertaining to survey matters. including, but
re 7imited to size of lot or land, location of boundary line. location of building and
riotroachments.
enc
SELLER(S):
City of Muskegon
Michigan Department of Treasury
L-4258 IRev. 9/941
RE.ll,l EST A TE TRANSFER TAX VALUATION AFFIDAVIT
This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended.
This form must be filed when you choose not to enter the amount paid for real estate on the
deed. It is required whether the transfer is taxable or not. It is not necessary when the amount
paid is entered on the deed. This form must be completed and signed by either the seller or
his/her authorized agent.
I1. County I 12, City or Township
I Muskegon I I Muskegon
13. Seller's Name and Mailing Address I 14. Purchaser's Name and Mailing Address
I City of Muskegon I I Doug 1as Moore
I I I Jeanette Moore
I 933 Terrace St. I I 1232 Chestnut Street
I Muskegon. Ml 49440 I I Muskegon, MI 49442
15. Type and Date of Document I 16, Cash Payment I 17. Amount of County Tax
I I I I I $3.85
I Land Contract Date: I ~-------------~ ~--------~
I I 18, Amount of Mortgage/Land Contract I 19. Amount of State Tax
I L Deed Date: 05/10/01 I I I I $26 .25
110. If consideration is less than market value, I Ill. Total Consideration(add lines 6&8) I 112. Total Revenue Stamps
I state market value I I $3,soo.oo I I $30.10
13. Legal Description of Real Estate Transferred:
Lots 12 and 13, Block 141, Revised Plat (of 1903) of the City of Muskegon. as recorded in Liber 3 of Plats. Page 71,
Muskegon County Records.
State of Michigan
}ss.
County of.Muskegon }
I certify that the information above is true and complete to the best of my knowledge and
that the value stated is the full market value of the property.
Dated this 10th day of May, 2001 Signed:
Subscribed and sworn to before me this 10th day of May, 2001
City of Muskegon
· My Cammi ss ion Expires
K:VIBERct S. DURNELL
Notarv Public, Muskegon County, Ml
My Commission Expires 6-8-2004
FILE# 414811
DATE: May 10th 2001
PROPERTY ADDRESS: V/L Erickson
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER (S) :
City of Muskegon
,,
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 (9-97) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
11 Street Address of Property 12. County I 14, Date of Transfer (or land contract was signed)
I V/L Erick son I Muskegon I I 05/10/01
I Muskegon. Michigan 49442 I I
13, City/Tov,nship/Village of Real Estate lXl City I 15- Purchase Price of Real Estate
I Muskegon u Township I I 3) 500,ao
I Village I
16, Property Identification Number (PIN) If you don't have a PIN, PIN. This number ranges from 10 to 25 digits. It
I
I attach legal description. usually includes hyphens and sometimes includes
I
I 61-24-205-141-0012-10 letters. It is on the property tax bill and on the
I
assessment notice.
17. Seller's (Transferor) Name I 1s. Buyer's (Transferee) Name and Mailing Address
I City of Muskegon I I Douglas Moore
I I I Jeanette Moore
~ - - - - - - - - - - - - - ~ 1 V/L Erickson
Items 9 - 13 are optional. However, by completing I Muskegon. Michigan 49442
them you may avoid further correspondence. I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Transfers include deeds. land contracts, transfers 19. :u,i:,e of Transfer _
involving truSts or wills, certain long-term leases I U Land Contract U Lease
and interest in a business. See the back for a I U Deed U Other (specify) _ _ _ _ _ _ _ __
complete list. I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
110. U Yes I Ill, Amount of Down Payment
l_~Is~t~he~t~ra~n~s~fe~r~be~t~w~ee~n~re~l~a~te~d~pe~r~s~on~s~?_____l~l~N~o~_ _ II __________________
112. If you financed the purchase. U Yes I 113, Amount Financed (Borrowed)
l_~d~id~y=ou~p~ay~m~ar~k~e~t~r~a=te~o~f~i~nt~e~r~e~st~'------Ll~I_N~o~_ _ II _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Exemptions
.---------------------------------------
The Michiglln Constitution limits how much a property's taxable value can increase while it is rn·med by the same person. Once
the property is transferred. the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a(7)(a-m). If you believe this transfer is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption. your assessor may request more information
!Q_support your claim.
lJ. transfer from one spouse to the other spouse
U change in ownership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust ~.,,here the settlor or the settlor's spouse conveys property to the trust and is also the sole
beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
U transfer to establish or release a security interest (collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under common control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other. specify:
Certification
--------------------------------------
y:t~
I certif that the information above is true and com lete to the best of m.~k~n~ow~l~e~dg~e~·---------------
~ i OS/ i D / i ,_~~-·t_::_g_n_e_ri_s_o_t_he-r-th_a_n_t_h_e_o_"_"_er_._p_r_i-nt-n-am_e_a-nd-'-
: ON
414811 + 0 \
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 414811
DATE: May 10th 2001
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form (Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
,,
:i_ The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER ( S) :
~~~/
Dougls Moore
~?Uzti //Jm;tp ✓
J ~ t e Moore
ACKNOWLEDGEMENT JF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 414811
DATE: May 10th 2001
The undersigned hereby acknowledge that once construction of their
principle residence on the above referenced property is completed, it is
their responsibility to file for homestead exemption with the property
municipality for the property taxes. Failure to do so will result with
the higher property taxes being charged on the tax bill.
The undersigned further agree to hold Transnation Title Insurance Company
harmless for any loss or damage that may occur in the event the exemption
is not properly filed.
Dougla Moore
Commission Meeting Date: April 24, 2001
Date: April 17, 2001
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services CJ, & ·
Department
RE: Approve of the City of Muskegon 2001 Action Plan
SUMMARY OF REQUEST: To approve the 2001 Community
Development/HOME Action Plan for the 2001-2002 fiscal year. It is
further requested that the Commission authorize the Mayor and the City
Clerk to sign the 2001-2002 Action Plan, so the Community and
Neighborhood Services can request the U. S. Department of Housing
and Urban Development to release the 2001-2002 City of Muskegon
CDBG/HOME funding.
FINANCIAL IMPACT: The total CDBG/HOME funding is approx. $1 .8
million dollars.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve both items.
COMMITTEE RECOMMENDATION: None
Action Plan
COMMUNITY DEVELOPMENT BLOCK GRANT
FISCAL YEAR 27: June 1, 2001 thru May 31, 2002
MISSION STATEMENT & NARRATIVE SUMMARIES
To provide its residents with the ability to live in safe, decent, sanitary and attractive housing and to
assure the preservation and enhancement of the City's neighborhoods, public facilities and
infrastructure are examples of annual activities undertaken by the City of Muskegon to promote the
overall well-being of this community. This section of the Consolidated Housing & Community
Development Plan will describe eligible programs, projects and activities to be undertaken with funds
expected to be made available during the above program year and their relationship to housing and
non-housing community development needs outlined in previous sections.
PURPOSE & INTENT
In accordance with the National Affordable Housing Act of 1990, the City of Muskegon must submit
an Annual Action Plan to the U. S. Department of Housing & Urban Development pursuant to its
approved Consolidated Housing & Community Development Plan (CHCDP), which identifies
proposed actions toward meeting housing and non-housing priorities. Affected programs include,
but are not limited to the Community Development Block Grant (CDBG), the HOME Investment
Partnership (HOME), the Emergency Shelter Grant (ESG), Homeless Assistance, Youth Build, and
the Housing Opportunities for Persons Living with AIDS (HOPWA) Programs.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ANNUAL STATEMENT OF PRIORITIES & PROPOSED PROJECTS
The City's Community Development Block Grant (CDBG) program is annually funded to address the
City's shoti and long-term goals, needs and priorities. These goals, needs and priorities are translated
into the City's Annual Action Plan and Statement of Priorities and Proposed Projects for each
program year period. If a determination is made not to implement an activity, to carry out an activity
not previously described, or to substantially change the purpose, scope, location, or beneficiaries of
an activity, an Amendment to the active program year Action Plan will be enacted. The City's
Statement of Priorities and Proposed Projects for this period follows the Summary of Resources
below:
Projected Resources & Activity Summary:
$1,387,000 FY 2000 HUD/CDBG Entitlement
$1,387,000 Total Available CDBG Resources
Summary of Priorities and Proposed Projects
The City of Muskegon proposes to undertake activities during the 2001 - 2002 program year described as follows:
Housing Priorities & Proposed Projects
Proposed projects will aid in the elimination of substandard housing conditions which are detrimental to life, health,
and safety by providing assistance to owners of single-family residential housing units as follows:
$122,400 Housing Rehab - Emergency Repair Program. Continued assistance to very low-income
homeowners for the repair of single-purpose housing deficiencies which pose a serious threat to
life, health, or safety.
Locations: City/Community Wide
Targeted Outcome: 40 Housing Units
$280,500 Housing Rehab - Paint/Siding Program. Continued assistance to provide free paint to low-income
owner-occupants of single-family housing units, or vinyl siding to very low-income, owner-occupants.
Locations: City/Community Wide
Targeted Outcome: 80 Housing Units
$98,546.33 Housing Rehab - Service Delivery Costs. Funding for the administration of housing rehab programs
and incidental costs associated with the housing rehab activities such as credit reports and recording
fees.
$85,000 Residential Clearance. Continued funding for the board-up and demolition of vacant, substandard
residential structures which are not suitable for rehabilitation.
Locations: Census Tract 2 - Jackson Hill; 3 - Angell; 5 - McLaughlin; and 6.02 Nelson
Neighborhood
Targeted Outcome: 15 Housing Units
$45,000 Code Enforcement. Funding for the enforcement of City ordinances with respect to property
maintenance and neighborhood blighting influences.
Locations: Census tract 3 - Angell Neighborhood, Census tract 5 - McLaughlin, Census tract 2 -
Jackson Hill, Census tract 1 - Marquette, Census tract 6.02 Nelson Neighborhood
Targeted Outcome: 75 Households
Non"Housing Priorities & Proposed Projects
Proposed projects will encourage commercial and retail development by taking maximum advantage a variety of
resources, to promote business expansion and investment in order to create a balanced recreationai commercial,
residential, educational and industrial economic climate as follows:
$240,000 Shoreline Drive Bond Repayment. Funding for payment of bond authority funds toward completion
of the Shoreline Drive project, to be used for real property acquisition of affected properties.
Location: Census Tract 7 - Central Business
Targeted Outcome: Area Redevelopment
Public Improvements Proposed Projects
Proposed projects will provide the impetus to insure the continued maintenance and upgrading of the City's
infrastructure and transportation resources as follows:
$100,000 Sidewalk Asssessment Program. Continued funding of sidewalk replacement costs for low-income
homeowners, as identified by the sidewalk replacement program.
Location: Census Tracts - Nelson Neighborhood
Targeted Outcome: 75 Households
$75,000 Public Rehabilitation/Clean-ups. Funding to be used for maintenance of City-owned residential
lots and other future public rehabilitation projects.
Public Services & Proposed Projects
Proposed projects will support community-based organizations by promoting neighborhood self-sufficiency and meet
the under-served needs of special needs populations such as youth, the elderly, persons with disabilities and the
homeless. Innovative programs to meet these needs are proposed as follows:
$70,000 Recreation Programs. Continued funding of core-city youth recreation programs. Activities include
summer/winter swimming, gym activities, basketball, family recreation, indoor soccer, and summer
playground programs.
Location: Census Tract 2 - Jackson Hill; 3 - Angell; 4 - East Muskegon; 5 - McLaughlin
Targeted Ontcome: 500 Youth
$47,000 Sr. Citizen Transit. Continued funding to provide low-cost transportation services for elderly
residents to medical facilities, shopping centers, educational/recreational activities and other related
destinations.
Location: City/Community Wide
Targeted Outcome: 100 Elderly
$35,000 Special Projects/Community-Based Organizations. Continuation of grant program for local non-
profit organizations to provide various services to low-income community residents.
Location: City/Community Wide
Targeted Outcome: 8 Community-Based Organizations
$155,000 Management & Coordination. General management, oversight and coordination of CDBG
activities. Funding includes cost of staff salaries and fringe benefits, office supplies, equipment and
contingency; Contract Compliance/EO and Indirect Costs.
$10,000 Contingency. Additional funding to be used for over runs and or other unforeseen occurances.
$1,387,000 - CDBG PROJECTS/ACTIVITIES - 2001
FY27- 2001 - 2002 ACTIVITIES - By RANKING
REHABILITATION - HOUSING 510,400 37%
Emergency Repair
Paint/Siding
Administration
BOND REPAYMENT 240,000 17%
Shoreline Drive
PUB. FACILITIES -ASSESSMENTS 100,000 7%
Sidewalks
GENERAL ADMINISTRATION 170,000 12%
General Admin.
Affirm. Action
PUBLIC SERVICES 152,000 11%
Recreation Programs
Sr. Transit
CBO Grants Program
CODE ENFORCEMENT- HOUSING 45,000 3%
Code Inspections
2001 HOME INVESTMENT PARTNERSHIPS PROGRAM
CITY OF MUSKEGON
COMMUNITY & NEIGHBORHOOD SERVICES
PROGRAM DESCRIPTION
2001 ALLOCATION OF FUNDS $572,000
HOME Community Housing Development Organizations (CHDOs) $170,000
As a participating jurisdiction, the City of Muskegon is required to provide opportunities for Community Housing
Development Organizations to utilize HOME funds to produce affordable housing within the city of Muskegon.
Funding will include the provision of technical assistance to assist in building the capacity of CHDOs to produce
affordable housing and for administrative support of the organizations within the regulatory guidelines. Eligible
activities include the acquisition of vacant land or existing structures, the construction or rehabilitation of these
properties for occupancy by low to moderate income individuals.
Distribution of Funds
The City of Muskegon will publish a Request for Proposals based on the priorities set in the City of Muskegon's
FY2001 Consolidated Housing & Community Development Action Plan. Priority will be given to organizations
which plan to undertake activities that will promote neighborhood revitalization through new residential development,
homeownership and increased leveraging of private sector funds in core city neighborhoods. Eligible projects may
include new construction or rehabilitation of single family units or multi-family units for homeownership or rental.
Proposals for continuance ofhomebuyer education and downpayment assistance programs will also be considered
as a high priority.
Distribution of Administrative Sup_port
The CHDO administrative support will be awarded on a competitive basis with the funds being awarded to one
organization whose proposal best meets the priorities. A portion of the CHDO administrative support will go towards
capacity-building to enable CHDOs to improve their ability to develop affordable housing and provide housing-
related services.
HOME Infill Housing
The City of Muskegon will utilize HOME funds to construct single fumily and/or multi-family housing units within
the regulatory cost limits, preferably in areas not currently accessible to low to moderate income families. The units
will be marketed to low to moderate income families for occupancy as their principal place of residence.
Downpayment assistance will be available to assist potential buyers to assist them in acquiring the homes. The
amount of downpayment assistance provided to the homeowner will be held as a deferred second mortgage repayable
upon transfer of the property before the end of the applicable affordability period. The length of the affordability
period will be determined by the amount of HOME funds used as downpayment assistance to the homeowner.
Mortgage financing must be within the HUD 203(b) single-family mortgage limits prescribed for the area.
HOME Rental Rehabilitation - NOT FUNDED THIS FISCAL YEAR
Eligible Properties
This program is proposed to provide assistance to rental property owners in the rehabilitation of single or multi-
family rental properties to bring them up to code. This program will be available for properties with four or less rental
units in the building. Priority will be given to single family rental units in need of major system repairs. The maximum
assistance available per project will be $30,000.
Program Requirements
Properties must be occupied by low to very-low income tenants, preferably those with incomes at or below 60% of
area median income. Properties receiving assistance must be primarily rental in use (51% of the rentable floor space
used for residential rental purposes). After rehabilitation, the properties must meet all applicable local codes and
rehabilitation standards.
Program Marketing
The City of Muskegon will actively market this program with the local rental property owners association, area
lenders, other non-profit organizations, neighborhood associations and other housing and community development
related entities.
Recapture provisions
The City elects to adopt the recapture of the homebuyer subsidy. The homebuyer subsidy will be forgiven by the City
at a rate of 1/180 per month throughout the term of the affordability period. Upon sale of the property by the
homeowner within the affordability period, the homeowner will be required to repay a prorated portion of the HOME
funds used to subsidize the purchase of the home.
The property owners return on investment at the point of sale will include:
The amount of the homebuyer's downpayment made from their own resources
The amount of mortgage principle repaid at the time of resale
The appreciated value of the property (Appraised value at resale less the appraised value of the property at
the time of purchase by the homeowner).
The homeowner will receive the full amount of the fair return only if sufficient sale proceeds remain after all
outstanding debt (including repayable HOME subsidy amounts) and closing costs are paid. Any proceeds remaining
after payment of the outstanding debt, closing costs, fair return, and any HOME subsidy repayment will be shared
50/50 between the homeowner and the City. Any funds repaid to the City will be returned to the HOME trust fund.
Repayment of the HOME subsidy amount will not be required is the resale does not provide sufficient net proceeds
to satisfy other outstanding debt, pay closing costs, and offer a fair return on investment to the property owner.
Partial repayment may be required based on the amount of sales proceeds received by the homeowner.
II. Rental Rehabilitation Program -NOT FUNDED THIS FISCAL YEAR
This program will provide funding for the rehabilitation of existing rental units located in the City of Muskegon
occupied by families whose annual incomes do not exceed 60 percent of the median family income for the area,
adjusted for family size. The City will provide a maximum of$30,000 by matching the owner's contribution to the
rehabilitation. The property owner must contribute the remaining development costs. Properties rehabilitated under
this program must meet applicable local building codes at the completion of the project.
Property owners will be eligible for assistance under the City's Rental Rehabilitation programs only if there are no
outstanding legal actions pending against them for chronic outstanding violations. Landlords who have already
received assistance under the lillD Rental Rehab program, the MSHDA HOME Rental Rehab program, or the City's
HOME Rental Rehab program will not be eligible for additional assistance to the same properties. Qualifying
propetiy owners must be current on all taxes and debts owed to the City of Muskegon prior to submitting their
application for assistance, and throughout the HOME affordability period.
Tenant Occupancy
For properties receiving HOME Rental Rehabilitation assistance, the units must be occupied by families with incomes
at or below 80% of area median income, adjusted for family size. Income determinations will be made at the time
of application. Tenant occupancy and income will be re-certified annually for the length of the applicable affordability
period.
RELEVANT NARRATIVE STATEMENTS
Issue: Continuum of Care Strategy for the Homeless
Muskegon County's Continuum ofCare 1 can be viewed as four interconnected phases. Phase One is an
outreach and entry phase. The homeless, near-homeless, and the working poor at risk of homelessness are identified
by organizations that provide life-sustaining assistance ... shelter, food and financial support. These entities include
the Salvation Army, City Rescue Mission, Red Cross, Community Action Against Poverty, Every Woman's Place,
Catholic Human Development Outreach and the COGIC Center of Trinity Village. Their obligation to this strategic
plan is to identify and perform an initial assessment. This process allows referral to safe shelter for the homeless and
to case management services for the near homeless to prevent the loss of home.
Phase Two is a barrier identification and case management phase. During this phase, client issues are
explored more intensely, and individual, client-driven case management plans are designed. Additional services from
the community are then "wrapped around" the client that addresses the barriers to safe housing and economic
stability. These may include employment assessment and training, substance abuse treatment, support services
education, health and dental care provisions, legal support, individual and family counseling and movement into a
transitional living situation. The near-homeless continue to be monitored and supported to prevent their loss of
home. Organizations involved at this time include Family Centers, Legal Aid, Treatment Centers, County
Employment and Training sites, Health Care providers, and mental health specialists. It should be noted that even
with expensive services in this Phase, a lack of transitional housing can result in a "revolving door" situation, with
clients returning into Phase One.
Phase Three continues the case management plan, with additional emphasis on self-supporting skills such
as gaining and retaining a life sustaining wage, budgeting, parenting, permanent housing education and nutrition.
Clients in this phase are moved toward permanent housing, if previously homeless, or toward greater stability if
identified originally as near homeless. Housing education stresses home ownership as a preferred strategy over
renting. In this phase, Housing Commissions, financial institutions, neighborhood associates and the faith based
community are included.
Clients in Phase Four are supported in their efforts to gain and maintain a permanent residence, both
physically and financially. Section 8 housing vouchers, city renovation project grants, and low or no-cost reclamation
loans are sought for this purpose. Support services are offered as required to continue the development and stability
of the family toward self-sufficiency and economic sustainability. Case management services taper off as clients
become more self-reliant.
Priorities in Muskegon County include support for emergency shelters, additional transition housing units,
and a computerized case management system for data collection and analysis.
Issue: Fair Housing Needs Impediments
The City of Muskegon, in partnership with the Cities of Muskegon Heights and Norton Shores, The Housing
Commissions of Muskegon and Muskegon Heights and several members of the local non-profit community have
contracted with the Grand Rapids Fair Housing Center. To conduct a Housing Impediment study to be completed
sometime this summer in order to meet this statutory requirement.
1 "Muskegon County Homeless Coalition/ABSTRACT" -March, 1999
Issue: Welfare Reform Impact
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 represents significant changes in
perceptions of 'welfare reform'. The challenges represented are critical to all segments of a given community, and
the City of Muskegon is no exception. The Dept. of HUD is promoting a three-pronged response to begin addressing
this issue, and the City of Muskegon will make every attempt to expand its partnerships with HUD, the State of
Michigan, and community organizations to provide viable services to its residents affected by the legislation by
promoting the following endeavors:
* Support for the creation of job opportunity through economic development activities;
« Support and monitoring of innovative uses of tenant-based rental assistance linking welfure
recipients to jobs;
« Support and continued promotion of the family self-sufficiency concept;
« Provide supportive technical assistance when needed, to help welfare recipients make the
transition from dependency to work through expansion initiatives, funding for supportive
services and encourage initiatives which provide access to education and job training.
The City acknowledges several area agencies which provide assistance and supportive services with these common
goals, and will continue to expand its role and partnerships, as debate on this issue and its impact continue to be
assessed.
Issue: Lead Paint Hazard Reduction
The City will continue to coordinate actions toward reduction oflead hazards in housing units with the Muskegon
County Health Department, particularly in homes occupied by children under the age of seven(?), and with elevated
blood lead levels. Although, the number of homes rehabilitated under the City's housing programs remain a small
portion of units suspected to have lead hazards, the County Health Department continues to focus on the existence
of hazards in the community and employees various strategies through area social service agencies for abatement,
education, screening and coordination.
The City's actions toward eradication of this particular hazard to the community involves the following:
• Continued support and coordination with the Muskegon County Health Department;
• Priority consideration under housing programs to households with children with elevated blood lead levels;
• Allocation of CDBG funding for lead hazard abatement and remediation in previously rehabilitated homes;
and
• Provision of the most current information, data analysis, and prevention methods to the general public
through brochures, pamphlets and other education materials on the risks oflead poisoning.
Under the City's HOME Program, certain activities involve the acquisition and/or sale of single-fiunily properties and
investor-rehabilitation assistance for rental properties. Under this program, the following actions apply for purchase,
rental, and renovation of pre-1978 housing units:
• Investor/Landlords must disclose known information on lead-based paint hazards before leases take effect;
Date: April 24, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
Laketon Ave. Wood to Peck
SUMMARY OF REQUEST:
To approve the attached conErc! with MOOT for the Milling & Resurfacing as well as
11
the construction of a left turnfon taketon Ave. from Wood to Peck and to approve the
attached resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT participation is about $150,000. The estimated total cost of the project is
$350,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2001-44 ( h)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF LAKETON AVE. BETWEEN WOOD & PECK; INCLUDING THE
CONSTRUCTION OF A LEFT TURN LANE AS WELL AS ALL NECESSARY RELATED WORK.
AND AUTHORIZATION FOR MAYOR, FRED J . NIELSEN, AND CITY CLERK, GAIL A KUNDINGER,
TO EXECUTE SAID CONTRACT
Moved by Comm is s ioner Schwe ifler and supported by
Commissioner Sp at ar o that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 01-5136 between the Michigan
Department of Transportation and the City of Muskegon for the MILLING & RESURFACING OF
LAKETON AVE. FROM WOOD TO PECK within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 01-5136 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 24th day of April , 2001.
BY
Fred J. Nielsen, Mayor
ATTEST ~ a , ~~
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on Apr i l
24 , 2001. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
FMUSKEGON
.. ,~PORTATION STATE OF MICHIGAN
COMMISSION
BARTON W. LaBELLE, Chairman
JACK L GINGRASS, Vice Chairman
LOWELL 8. JACKSON
BETn' JEAN AWREY
TEDB.WAHBY
JOHN W. GARSIDE JOHN ENGLER, GOVERNOR
LH 0-0 (-4199) DEPARTMENT OF TRANSPORTATION
TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
PHONE: (517) 373-2090 FA,'{: (517) 373-0167 WEB SITE: http:J/www.mdot.state.mLus
GREGORY J. ROSINE, DIRECTOR
April 5, 2001
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street, P.O, box 536
~\t:CEIVtu
CITY OF MUSKfr,ON
Muskegon,MI49443-0536
,::,PR 1 0 2001
Dear Ms. Kundinger:
RE: MDOTContractNo.: 01-5136
Control Section EDF 61577
; : ~l~£ERING O(PT.
1
Job Number 55839
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.
Inclnde a certified resolution. The resolution should specifically name the officials
who are authorized to sign 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,
~~
Jackie Burch
Contract Processing Specialist
Enclosure Design Division
TED (F) CAB
NON FED Job Number 55839
Control Section EDF 61577
Contract No. 01-5136
THIS CONTRACT is made and entered into this date of 7- (p - c)_ o o I , by and
between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter refen-ed to as the
"DEPARTMENT;" and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter
refen-ed to as the "REQUESTING PARTY;" for the purpose of fixing the rights and obligations of
the parties in agreeing to the following improvements, in the City of Muskegon, Michigan,
hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I," dated March 19,
· 2001, attached hereto and made a part hereof:
Milling and resurfacing work along Laketon Avenue from Wood Street to Peck Street;
including left-tum lane construction work; and all together with necessary related work.
WITNESSETH:
WHEREAS, the State of Michigan is hereinafter referred to as the "State;" and
WHEREAS, the PROJECT has been approved for financing in part with funds from the State
approp1iated to the Transportation Economic Development Fund, hereinafter refen-ed to as "TED
FUNDS," qualifies for funding pursuant to PA 231, Section 11(2)(b); Public Act of 1987, as
amended, and is categorized as:
CATEGORY "F" FUNDED PROJECT
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
contract.
NOW, THEREFORE, in consideration of the premises and ofthe mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall_ undeliake and complete the PROJECT in accordance with
the te1ms of this contract.
2. The term "PROJECT COST," as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
2/8/01 TEDADIR.FOR 3/21/01 1
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform, at no
cost to the PROJECT, such administration of PROJECTS covered by this contract as is necessary
to assist the REQUESTING PARTY to qualify for funding. Such administration may include
performing such review, legal, financing, any other PROJECT related activities as are necessary to
assist the REQUESTING PARTY in meeting applicable State requirements.
The DEPARTMENT shall provide the REQUESTING PARTY with a notice to proceed with
the award of the construction contract for the PROJECT.
The DEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary
to ensure the PROJECT meets State requirements. Failure to comply with State requirements may
result in forfeiture of future distributions of the Michigan Transportation Fund as described in
Section 6. No charges will be made by the DEPARTMENT to the PROJECT for any inspection
work or construction engineering.
4. The REQUESTING PARTY, under the terms of this contract, shall advertise and
award the PROJECT work in accordance with the following:
A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
PROJECT, design, or cause to be designed, the PROJECT, and shall accept
full responsibility for that design. Any review undertaken by the
DEPARTMENT is for its own purposes and is not to nor does it relieve the
REQUESTING PARTY of liability for any claims, causes of action or
judgments arising out of the design of the PROJECT.
B. TheREQUESTINGPARTY,hereby,certifiestotheDEPARTMENTthatthe
plans, specifications, and estimates for the PROJECT have been prepared in
compliance with applicable State laws, local ordinances, and State and local
standards and regulations.
C. TheREQUESTINGPARTY,hereby,certifiestotheDEPARTMENTthatthe
contracting procedures to be followed by the REQUESTING PARTY in
connection with the solicitation of the construction contract for the PROJECT
shall be based on an open competitive bid process. It is understood that the
proposal for the PROJECT shall be publicly advertised and the contract
awarded on the basis of the lowest responsive and responsible bid in
accordance with applicable State statutes, local ordinances, and State and
local regulations.
2/8/01 TEDADlR.FOR 3/19/01 2
(1) The REQUESTING PARTY shall not award the construction contract
prior to receipt of a notice to proceed from the DEPARTMENT.
(2) Upon verification that contractor selection by the REQUESTING
PARTY was made in accordance with the terms of this contract and
upon receipt of the "Request for Payment" form from the
REQUESTINGPARTY,theDEPARTMENTwillauthorizepayment
to the REQUESTING PARTY for the eligible amount in accordance
with Section 5.
D. The REQUESTING PARTY, at no cost to the PROJECT or the
DEPARTMENT, will comply with all applicable State statutes, local
ordinances, and State and local regulations, including, but not limited to,
those specifically relating to construction contract administration and obtain
all permits and approvals with railway companies, utilities, concerned State,
Federal, and local agencies, etc., and give appropriate notifications as may be
necessary for the performance of work required for the PROJECT.
The REQUESTING PARTY agrees to comply with all applicable
requirements of Part 91, Soil Erosion and Sedimentation Control of the
Natural Resources and Environmental Protection Act, 1994 PA 451 as
amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all
PROJECT work performed under this contract, and the REQUESTING
PARTY shall require its contractors and subcontractors to comply with the
same.
E. All work in connection with the PROJECT shall be performed in
conformancewith the DEPARTMENT'S current Standard Specifications for
Construction, special provisions, and the supplemental specifications and
plans pertaining to the PROJECT. All materials furnished and used in the
construction of the PROJECT shall confonn to the aforesaid specifications.
The REQUESTING PARTY shall neither seek nor receive reimbursement
from the DEPARTMENT for any extra work. Any changes in the scope of
work for the PROJECT will require approval by the DEPARTMENT.
F. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall appoint a project engineer who shall administer the
PROJECT and ensure that the plans and specifications are followed, and shall
perform or cause to be performed the construction engineering and inspection
services necessary for the completion of the PROJECT.
Should the REQUESTING PARTY elect to use consultants for construction
engineering and inspection, the REQUESTING PARTY shall provide a full-
2/8/01 TEDADIR.FOR 3/19/01 3
time project manager employed by the REQUESTING PARTY who shall
ensure that the plans and specifications are followed.
G. The REQUESTING PARTY shall require the contractor who is awarded the
contract for the construction of the PROJECT to provide, as a minimum,
insurance in the amounts specified in and in accordance with the
DEPARTMENT'S current Standard Specifications for Construction, and to:
(1) Maintain bodily injury and property damage insurance for the
duration of the PROJECT.
(2) Provide owner's protective liability insurance naming as insureds the
State of Michigan, the Michigan State Transportation Commission,
the DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other party with jurisdiction for the
roadway being constructed as the PROJECT, and their employees, for
the duration of the PROJECT and to provide copies of certificates of
insurance to the insureds. It is understood that the DEPARTMENT
does not assume either ownership of any portion of the PROJECT or
jurisdiction of any REQUESTING PARTY highway as a result of
being named as an insured on the owner's protective liability
insurance policy.
(3) Complywith the requirements of notice of cancellation and reduction
of insurance set forth in the current Standard Specifications for
Construction and to provide copies of notices and reports prepared to
those insured.
H. TheREQUESTINGPARTYshallnotifytheDEPARTMENTthirty(30)days
prior to the anticipated opening of the PROJECT to traffic and certify that the
PROJECT has been constructed in accordance with the PROJECT plans,
specifications, and construction contract.
5. The PROJECT COST shall be met by contributions by TED FUNDS. TED FUNDS
Category F shall be applied to the eligible items of the PROJECT COST up to an amount not to
exceed the lesser of: (1) the approved and responsible low bid amount, or (2) $150,000, the grant
an10unt. The balance, if any, of the PROJECT COST, after deduction of TED FUNDS, is the sole
responsibility of the REQUESTING PARTY.
The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
incurred in the performance of PROJECT work.
2/8/01 TEDADlR.FOR 3/19/01 4
6. The REQUESTING PARTY shall establish and maintain adequate records and
accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three
(3) years after completion of construction of the PROJECT and shall be available for audit by the
DEPARTMENT. In the event of a dispute with regard to allowable expenses or any other issue
under this contract, the REQUESTING PARTY shall continue to maintain the records at least until
that dispute has been finally decided and the time after all available challenges or appeals of that
decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any
reasonable time after giving reasonable notice.
The REQUESTING PARTY, within six (6) months of completion of the PROJECT and
payment ofall items of PROJECT COST related thereto, shall make a final reporting of construction
costs to the DEPARTMENT.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
adjustment to the costs reported under this contract or questions the allowability of an item of
expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of
Audit Results and a copy of the audit report which may supplement or modify any tentative findings
verbally communicated to the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING
PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating
whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written
explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as
the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting
documentation necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply
appropriate excerpts and make alternate arrangements to conveniently and reasonable make that
documentation available for review by the DEPARTMENT. The RESPONSE shall refer to and
apply the language of the contract. The REQUESTING PARTY agrees that failure to submit a
RESPONSE within the sixty(60) dayperiod constitutes agreement with any disallowance of an item
of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no
opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and
RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If
the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY,
the REQUESTING PARTY shall repay that amount to the DEPARTMENT or reach agreement with
the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice
from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach
agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the
2/8/01 TEDADIR.FOR 3/19/01 5
REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the
overpayment from any funds then or thereafter payable by the DEPARTMENT to the
REQUESTING PARTY under this contract or any other agreement, or payable to the
REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on
any partial payments or repayment schedules based on the unpaid balance at the end of each month
until the balance is paid in full. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the
DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common
cash funds interest earnings. The REQUESTING PARTY expressly consents to this withholding
or offsettting of funds under those circumstances, reserving the right to file a lawsuit in the Court
of Claims to contest the DEPARTMENT'S decision only as to any item ofexpense the disallowance
of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 998-502
and applicable State laws and regulations relative to audit requirements.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
cause to be enacted and enforced such ordinances or regulations as may be necessary to prohibit
parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, State and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
9. If, subsequent to execution ofthis contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
2/8/01 TEDADIR.FOR 3/19/01 6
either State or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediatelynotifytheDEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and to determine the eligibility, for
reimbursement, of the remediation costs. The REQUESTING PARTY shall pay all costs associated
with such remediation, including all delay costs of the contractor for the PROJECT. If the
REQUESTING PARTY refuses to participate in the cost ofremediation, the grant shall be forfeited
back to the DEPARTMENT.
10. If State funds administered by the DEPARTMENT are used to pay the cost of
remediating any hazardous substances discovered after the execution of this contract and if there is
a reasonable likelihood ofrecovery, the REQUESTING PARTY, in cooperation with the Department
ofEnvironmental Quality and the DEPARTMENT, shall make a diligent effort to recover such costs
from all other possible entities. Ifrecovery is made, the DEPARTMENT shall be reimbursed from
such recovery for the proportionate share of the amount paid by the DEPARTMENT and the
DEPARTMENT shall credit such sums to the appropriate funding source.
11. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the State.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEP ARTMENTpursuant to the terms of this contract are done to assist the REQUESTING PARTY
in meeting program guidelines in order to qualify for available funds. Such approvals, reviews,
inspections and recommendations by the DEPARTMENT shall not relieve the REQUESTING
PARTY and the local agencies, as applicable, of their ultimate control and shall not be construed as
a warranty of their propriety or that the DEPARTMENT is assuming any liability, control or
jurisdiction.
The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY and the local agencies, as applicable, of their exclusive jurisdiction of the
highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT is performing a governmental function, as that term is defined in MCL 691.1401;
MSA 3.996(101), which is incidental to the completion of the PROJECT.
12. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
2/8/01 TEDADIR.FOR 3/19/01 7
13. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
14. In addition to any protection afforded by a policy of insurance, the REQUESTING
PARTY agrees to indemnify and save harmless the State of Michigan, the Michigan State
Transportation Commission, the DEPARTMENT and all officers, agents, and employees thereof:
A. From any an all claims by persons, firms, or corporations for labor, materials,
supplies or services provided to the REQUESTING PARTY in connection
with the contract which the REQUESTING PARTY shall perform under the
terms of this contract; and
B. From any and all claims for injuries to, or death of, any an all persons, for
loss of or damage to property, environmental damage, degradation, response
and cleanup costs, and attorney fees or other related costs, arising out of,
under, or by reason of the Agreement, including the design of the PROJECT,
except claims resulting from the sole negligence or wilful acts or omissions
of said indemnitee, its agents or employees.
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontractors or any other person not a party to this contract
without its specific consent and notwithstanding its concurrence in or approval of the award of any
contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the REQUESTING PARTY shall take no action
or conduct which arises either directly or indirectly out ofits obligations, responsibilities, and duties
under this contract, which results in claims being asserted against or judgments being imposed
against the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation
Commission.
In the event that the same occurs, for the purpose of this contract, it will be considered as a
breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
Michigan State Transportation Commission a right to seek and obtain any necessary relief or remedy,
including but not by way of limitation, a judgment for money damages.
15. In connection with the performance of PROJECT work under this contract the parties
hereto (hereinafter in Appendix "A" refetTed 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
2/8/01 TEDADIR.FOR 3/19/01 8
42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will require similar covenants on
the part of any contractor or subcontractor employed in the performance of this contract.
16. The REQUESTING PARTY and other local agencies, as applicable parties,
understand and agree that the highway( s) or street( s) being improved under the terms of this
agreement and funded with Transportation Economic Development Funds, shall not be subject to
any restriction by local authorities in using certain commercial vehicles on such highway(s) or
street(s). Such restrictions are in conflict with the basic concept of the Transportation Economic
Development Program and Funding. The REQUESTING PARTY, by signing this agreement, agrees
to obtain concurrence from other local governmental agencies within whose jurisdiction or control
the highway(s) or street( s) are being improved.
2/8/01 TEDADIR.FOR 3/19/01 9
17. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereofby the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolution approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract; 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
Bf/&&1-~+1!4•
Mayor
By
b4e
l
By~,!Q,,,!.2:c:_O~--:,._1_~~~~~
Title: Gail A. ·Kundinger
City Clerk 4/>/•I
\.
.
:~
f . ···.·..
..
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,.
2/8/01 TEDADIR.FOR 3/19/01 10
March 19, 2001
EXHIBIT I
JOB NUMBER 55839
CONTROL SECTION EDF 61577
ESTIMATED COST
Estimated PROJECT COST
Contracted Work $350,000
ESTIMATED COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $350,000
Less TED FUNDS* $150,000
BALANCE (REQUESTING PARTY'S SHARE) $200,000
NO DEPOSIT
* TED FUNDS are limited to the lesser of: (I) the approved and responsible low bid amount, or (2)
$150,000, the grant amount.
2/8/01 TEDADIR.FOR 3/21/01 11
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 ofl976, 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 I of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfofthe 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' represent~tive 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 of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to 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 be 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
City of Muskegon
Information Systems
Memorandum
To: Steve Waltz, Detective RECEIVED
From: Jim Maurer, Information Systems Director
;'. 03 2001
Cc: Tony Kleibecker, Police Chief
MUSKEGON POLICE DEPT.
Date: 4/02/2001 CHIEF of POLICE
Re: Computer and Equipment Quote
Steve,
Attached are quotes from two vendors. Dell and Gateway are both known for great customer support and
quality products, the choice is yours. Also consider equipment, such as:
Networking hubs: To connect PC's and Printers
Network Cable
Printer Cable (parallel if not using network cable)
Modem - Analog or ISDN
Uninterruptible power supplies (UPS) for equipment - power outages and spikes
Virus software for PC's
CD-ROM burner or ZIP drives for easy transport of large files or offline storage
Backups: Software, tape drive and tapes for nightly backups if systems store large amounts of data, etc.
Let me know if you need more information,
Thanks,
Jim Maurer
• Page 1
$1,417.00 Dell Pentium Ill 1 Ghz 20 GB 7200 128 MB 17" 3 Year $14,170.00
$1,443.00 Gatewav Pentium Ill 1 Ghz 20GB 128 MB 1711 3 Year $14,430.00
$1,466.31 HP LaserJet 4050N $1,466.31
HP Officejet G85 Color Printer, Scanner, Fax $800.00
45 Shinnino $450.00
Total Cost $17,146.31
CITY COMMISSION MEETING
Tuesday, April 24, 2001
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Chief of Police ~ L · I~
DATE: April 18, 2001
SUBJECT: Purchase of Computer Equipment
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve the use of FY 2001 Weed
and Seed grant money to purchase new computer hardware and supporting software for
our narcotics team. The current hardware ranges in age from 4;~ years. This request
. . ivI e
mcludes an upgrade that will allow easy access to our county-s1 e records system, photo
retrieval and reproduction and instant access to the Law Enforcement Information
Network.
FINANCIAL IMPACT:
No impact on general fund monies.
BUDGET ACTION REQUIRED:
$16,886.31 in grant money to be utilized for this purchase. Dell submitted the low bid
(per attached quote from Information Services).
STAFF RECCOMENDATIONS:
In order to increase the efficiency of the narcotics unit, staff recommends that the
Commission authorize the purchase of the computer system.
Date: April 24, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Houston, Sanford to First
SUMMARY OF REQUEST:
To award the contract for the construction of Houston between Sanford and First to Felco
Contractors since they were the lowest (see attached bid tabulation) responsible bidder
with a bid price of $98,088.25.
FINANCIAL IMPACT:
The construction cost of $98,088.25 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None, this project will be funded from the money that was budgeted for Division street
STAFF RECOMMENDATION:
Award the contract to Felco Contractors.
COMMITTEE RECOMMENDATION:
H-1533 HOUSTON AVENUE- FIRST TO SANFORD
BID TABULATION
ITEM DESCRIPTION ENGINEERS ESTIMATE GRANT TOWER LINK DOMRES FELCO
ITEM IJESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UN!T PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
1 ABANDON WATER SERVICE 4.00 EACH $300.00 $1,200.00 $240.00 $960.00 $115.00 $460.00 $120.00 $480,00 $400.00 $1,600.00
2 ADJUST MANHOLE CASTING 9.00 EACH $300.00 $2,700.00 $420.00 $3,780.00 $415.00 $3,735.00 $200.00 $1,800.00 $400.00 $3,600.00
3 ADJUST VALVE BOX 1.00 EACH $300.00 $300.00 $210.00 $210.00 $200.00 $200.00 $160.00 $160.00 $300.00 $300.00
4 AGGREGATE BASE COURSE 22A@ 8" COMPACTED 220.00 SYD $6.00 $1,320.00 $5.00 $1,100.00 $9.50 $2,090.00 $13.00 $2,860.00 $7.00 $1,540.00
5 B!TUMINOUS LEVELING MIXTURE 3C@ 165#/ SYD 155.00 TON $40.00 $6,200.00 $57.00 $8,835.00 $50.00 $7,750.00 $47.55 $7,370.25 $52.00 $8,060.00
6 BITUMINOUS TOP MIXTURE 4C@ 165#/ SYD 155.00 TON $47.00 $7,285.00 $57.00 $8,835.00 $55.00 $8,525.00 $47.55 $7,370.25 $50.00 $7,750.00
7 BORROWF!LL 80.00 CYD $5.00 $400.00 $9.00 $720.00 $8.00 $640.00 $10.00 $800.00 $7.00 $560.00
8 CATCH BASIN CASTING E.J. 7045 OR EQUAL 1.00 EACH $500.00 $500.00 $320.00 $320.00 $475.00 $475.00 $400,00 $400.00 $500.00 $500.00
9 CATCH BASIN CASTIN E.J. 5105 OR EQUAL 1.00 EACH $500.00 $500.00 $275.00 $275.00 $475.00 $475.00 $400.00 $400.00 $500.00 $500.00
10 CATCH BASIN, FLATTOP SPECIAL DETAIL 2.00 EACH $1,500.00 $3,000.00 $1,300.00 $2,600.00 $550.00 $1,100.00 $1,500.00 $3,000.00 $1,600.00 $3,200.00
11 CEMENT 4.00 TON $200.00 $800.00 $180.00 $720.00 $110.00 $440,00 $25,00 $100.00 $220.00 $880.00
12 COLD MILLING B!TUMINOUS, 3" DEEP 5.37 STA $500.00 $2,685.00 $800.00 $4,296.00 $1,200.00 $6,444.00 $600.00 $3,222.00 $800.00 $4,296.00
13 CONCRETE BASE, 8" 80.00 SYD $50.00 $4,000.00 $33.00 $2,640.00 $42.00 $3,360.00 $45.00 $3,600.00 $36,00 $2,880.00
14 CONCRETE CURB AND GUTTER, F-4 MODIFIED 1,102.00 L FT $9.00 $9,918.00 $11.00 $12,122.00 $17.50 $19,285.00 $11.00 $12,122.00 $8.50 $9,367.00
15 CONCRETE DRIVE APPROACH, 6" 398.00 SYD $30.00 $11,940.00 $25.00 $9,950.00 $34.00 $13,532.00 $33.00 $13,134.00 $26,00 $10,348.00
16 CONCRETE DRIVE APPROACH, 8" 29.00 SYD $35.00 $1,015.00 $33.00 $957.00 $40.00 $1,160.00 $48.00 $1,392.00 $33.00 $957.00
17 CONCRETE SIDEWALK, 4" 1,070.00 S FT $4.00 $4,280.00 $3.00 $3,210.00 $2.00 $2,140.00 $2.75 $2,942.50 $2.00 $2,140.00
18 CONCRETE SIDWALK, 6" 125.00 S FT $4.75 $593.75 $4.00 $500.00 $2.50 $312.50 $4.00 $500.00 $5.00 $625,00
19 CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL 8.00 EACH $300,00 $2,400.00 $130.00 $1,040.00 $45.00 $360.00 $100.00 $800.00 $400.00 $3,200.00
20 CURB STOP W/BOX, 1" MUELLER# 15150 OR EQUAL 5.00 EACH $275.00 $1,375.00 $180.00 $900.00 $75.00 $375.00 $275.00 $1,375.00 $400.00 $2,000.00
21 MANHOLE CASTING E.J. # 1000 OR EQUAL 5.00 EACH $400.00 $2,000.00 $300.00 $1,500.00 $36.00 $180.00 $275.00 $1,375.00 $400.00 $2,000.00
22 METER PIT, COMPLETE 3.00 EACH $600.00 $1,800.00 $600.00 $1,800.00 $400.00 $1,200.00 $400.00 $1,200.00 $700.00 $2,100.00
23 PAVEMENT PREPARATORY WORK 5.37 STA $200.00 $1,074.00 $700.00 $3,759.00 $1,200.00 $6,444.00 $600.00 $3,222.00 $600.00 $3,222.00
24 RECONSTRUCT MANHOLE 9.00 VFT $200.00 $1,800.00 $215.00 $1,935.00 $80.00 $720.00 $300.00 $2,700.00 $100.00 $900.00
25 RELOCATE HYDRANT 1.00 EACH $1,300.00 $1,300.00 $1,095.00 $1,095.00 $300.00 $300.00 $650.00 $650.00 $1,000.00 $1,000.00
26 REMOVING CONCRETE CURB AND GUTTER 13.00 L FT $5.00 $65.00 $14.00 $182.00 $9.00 $117.00 $3.00 $39.00 $25.00 $325.00
27 REMOVING CONCRETE SIDEWALK 1,115.00 S FT $2.00 $2,230.00 $1.00 $1,115.00 $0.85 $947.75 $0.80 $892.00 $1.55 $1,728.25
28 REMOVING DRIVE APPROACH 401.00 SYD $5.00 $2,005.00 $4.00 $1,604.00 $12.00 $4,812.00 $10.50 $4,210.50 $8.00 $3,208.00
29 REMOVING PAVEMENT INCLUDING CURB 530.00 SYD $3.00 $1,590.00 $4.00 $2,120.00 $12,00 $6,360.00 $2.50 $1,325.00 $9.00 $4,770.00
30 REPAIR SANITARY SEWER 10.00 LFT $30.00 $300.00 $264.00 $2,640.00 $45.00 $450.00 $70.00 $700.00 $55.00 $550.00
31 STORM SEWER, 12" C-76 CL V 40.00 L FT $25.00 $1,000.00 $30.00 $1,200.00 $35.00 $1,400.00 $35.25 $1,410.00 $26.00 $1,040.00
32 TERRACE GRADING 537.00 L FT $5.00 $2,685.00 $8.00 $4,296.00 $7.50 $4,027.50 $6.30 $3,383.10 $6.00 $3,222.00
33 TRAFFIC CONTROL 1.00 LUMP $2,500.00 $2,500.00 $3,840.00 $3,840.00 $4,200.00 $4,200.00 $15,500.00 $15,500.00 $4,000.00 $4,000.00
34 WATER VALVE BOX, COMPLETE 1.00 EACH $300.00 $300.00 $240.00 $240.00 $230.00 $230.00 $270.00 $270.00 $600.00 $600.00
35 WATER SERVICE, 1" TYPE "K'' COPPER 320.00 L FT $20.00 $6,400.00 $27.00 $8,640.00 $12.00 $3,840.00 $7.65 $2,448.00 $16.00 $5,120.00
TOTALS $89,460.75 $99,936.00 $108,086.75 $103,152.60 $98,088.25
12
4/17/013:37 PMH-1533 HOUSTON AVENUE- FIRST TO SANFORD BID TABULATION.xis
Date: April 24, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Sherman Blvd., Glenside to Lincoln
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the Milling & Resurfacing of
Sherman Blvd. from Glenside to Lincoln and to approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT participation is about $560,000 but not to exceed 81.85% of eligible cost. The
estimated total cost of the project including engineering & water services which are
not a participating cost is $850,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and Water Funds as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2001-45 ( g)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING AND
RESURFACING, SIDEWALK AND ALL NECESSARY RELATED WORK ON SHERMAN BLVD.
FROM GLENSIDE TO LINCOLON (EXCEPT THAT SECTION AT WICKHAM). AND
AUTHORIZATION FOR MAYOR, FRED J. NIELSEN, AND CITY CLERK, GAIL A KUNDINGER, TO
EXECUTE SAID CONTRACT
Moved by Commissioner Aslakson and supported by
Commissioner Spataro that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 01 -51 13 between the Michigan
Department of Transportation and the City of Muskegon for the MILLING & RESURFACING OF
SHERMAN BETWEEN GLENSIDE AND LINCOLN within the City is in the best interests of the City of
Muskegon. .
RESOLVED, that entry by the City into Contract Agreement Number 01 -5113 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 24th day of Apri 1 , 2001.
BY
200·1 _45 ( g)
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
Apr i 1 24 , 2001. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
Gail A. Kundinger,
TRANSPORTATION
COMMISSION
STATE OF MICHIGAN
BARTON W. LaBELLE, Chainnan
JACK L GINGRASS, Vice Chairman
LOWELL B. JACKSON
BETTY JEAN AWREY
TEOB. WAHBY
JOHN W. GARSIDE JOHN ENGLER, GOVERNOR ,
LH 0-0 (4199) 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; h1tp://www.mdot.state.mi.us
GREGORY J, ROSINE, DIRECTOR
April 5, 2001
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Tenace Street, P.O. Box 536
Muskegon, MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract No.: 01-5113
Control Section STUL 61407
Job Number 50016
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 sign 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,
q-;_ . ow~
o· .u(J.uu D
Jackie Burch
Contract Processing Specialist
Enclosure Design Division
STP DIR
Project STP 0161 (214)
Job Number 50016
Control Section STUL 61407
Fed Item# HH2789
Contract No. 01-5113
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made and entered into this date of 5-1'1- ;Ile> j , by and between the MICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated March 23, 2001, attached hereto
and made a part hereof:
PART A-FEDERAL PARTICIPATION
Bituminous pavement work along Sherman Boulevard from Glenside Boulevard to Lincoln
Street; including pavement removal, grading, drainage structures, and curb and gutter work;
and all together with necessary related work.
PART B - NO FEDERAL PARTICIPATION
Water service~ work along Sherman Boulevard from Glenside Boulevard to Lincoln Street;
and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
09/06/90 STP.FOR 3/23/01 1
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
contract.
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 parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction enginee1ing and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and inspection
services necessary for the completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trnnkline intersection, without prior issuances
09/06/90 STP.FOR 3/23/01 2
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transportation Funds shall be applied to the eligible items of the
PART A portion ofthe PROJECT COST atthe established Federal participation ratio
equal to 81.85 percent up to a amount not to exceed $560,000. The balance of the
PART A portion of the PROJECT COST, after deduction of Federal Funds, shall be
charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
PARTB
The PART B portion of the PROJECT COST is not eligible for Federal participation
and shall be charged to and paid I 00 percent by the REQUESTING PARTY in the
manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt ofprogress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days ofreceipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
09/06/90 STP.FOR 3/23/01 3
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it perfonned a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
10. If, subsequent to execution ofthis contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediatelynotifytheDEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine ifit is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
09/06/90 STP.FOR 3/23/01 4
Any andall approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
16. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State Transportation Commission, the
09/06/90 STP.FOR 3/23/01 5
DEPARTMENT and its officials, agents and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result of being named as an insured
on the owners protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
09/06/90 STP.FOR 3/23/01 6
17. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereofbythe duly authorized officials for the parties hereto and upon the adoption
of the necess_ary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
~
Title: Fred J, Nie
·"7
By·_J,;;t:~~1ac1'c~:'::or~·o~·~,c__'~~~:!?.O~-,g,&~ ·.. "''I >/"I
r- I "
I~
Title: Ga i 1 A, Kundinger s
I
City Clerk .
..
-~- ,
.
09/06/90 STP.FOR 3/23/01 7
March 23, 2001
EXHIBIT I
PROJECT STP 0161 (214)
JOB NUMBER 50016
CONTROL SECTION STUL 61407
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $686,500 $60,800 $747,300
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $686,500 $60,800 $747,300
Less Federal Funds* $560,000 $ - 0- $560,000
BALANCE (REQUESTING PARTY'S SHARE) $126,500 $60,800 $187,300
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a patticipation ratio
equal to 81.85 percent up to an amount not to exceed $560,000.
NO DEPOSIT
09/06/90 STP.FOR 3/23/01 7
\
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
S~CTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADJ:vfINISTRATION AND SUPERVISION
SECTION ill ACCOUNTING AND BILLING
SECTION N MAINTENANCE AND OPERATION
SECTION V _SPECIAL PROGRAM AND PROJECT CONDITIONS
1
SECTION I
. COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 of the Code ofFederal Regulations (CFR), and
all supplements and amendments thereto.
1. Engineering
a. F APG (23 CFR 140G): Payroll & Related Expense of Public Employees;
General Administration and Other Overhead; and Cost Accumulation
Centers and Distribution Methods
b. F APG (6012.1): Preliminary Engineering
c. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
d. FAPG (23 CFR 635A): Contract Procedures
2. Constru,.ction
a. FAPG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
c. FAPG (23 CFR 140G): Reimbursement for Employment of PublJ.,c
Employees on Federal-Aid Projects
d. F APG (23 CFR 17): Recordkeeping and Retention Requirements for
Federal-Aid Highway Records of State Highway Agencies ·
e. FAPG (23 CFR 635A): Contract Procedures
£ FAPG (23 CFR 635B): Force Account Construction
g. FAPG (23 CFR 645A): Utility Relocations, Adjustments and
03-15-93 2
Reimbursement
. h. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
i. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 1401): Reimbursement for Railroad Work
b. F APG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political
subdivisions party to this contract, on those Federally funded projects which exceed a
total cost of$100,000.00 stipulate the following with respect to their specific
jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this
contract is not listed on the Environmental Protection Agency (EPA) List of
Violating Facilities issued pursuant to the requirements of the Federal Clean Air
Act, as amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control
Act, ap.d all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be
utilized in performance under or to benefit from this contract is under
consideration to be listed on the EPA List of Violating Facilities.
t·;•,;
D. "
Ensure that the PROJECT is constructed in accordance with and incorporates ali
committed environmental impact mitigation measures listed in approved environmental
documents unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is
required by the PROJECT in order to facilitate the obtaining of available federal and/o.r
state funds.
B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT
work. Prior to advertising of the PROJECT for receipt of bids, the REQUESTING
PARTY may delete any portion or all of the PROJECT work. After receipt of bids for
the PROJECT, the REQUESTING PARTY shall have the right to reject the amount bid
for the PROJECT prior to the award of the contract for the PROJECT only if such
amount exceeds by twenty percent (20%) the final engineer's estimate therefor. If such
rejection of the bids is not received in writing within two (2) weeks after letting, the
DEPARTMENT will assume concurrence. The DEPARTMENT may, upon request,
readvertise the PROJECT. Should the REQUESTING PARTY so request in writing
within the aforesaid two (2) week period after letting, the PROJECT will be cancelled
and the DEPARTMENT will refund the unused balance of the deposit less all costs
incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work
performed by the REQUESTING PARTY with its own forces as is required to ensure
compliance with the approved plans & specifications.
,.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be
required secure from the FHWA approval of plans and specifications, and such cost
estimates for FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance·:with the
Michigan Department of Transportation Standard Specifications for Construct!$µ, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT
and all materials furnished and used in the construction of the PROJECT shall conform to
the aforesaid specifications. No extra work shall.be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authori,::ed by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency, firm,
person, or corporation, under a subcontract with the REQUESTING PARTY at
PROJECT expense, such subcontracted arrangements will be covered by formal written
agreement between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable
1
and the basis of payment; provide for the maintenance of accounting records in
accordance with generally accepted accounting principles, which clearly document the
actual cost of the services provided; provide that costs eligible for reimbursement shall be .
in accordance with clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 31,
23 CFR Part 140, 0MB Circular A-87, etc. as applicable; provide for access to the
department or its representatives to inspect and audit all data and records related to the
agreement for a minimum of three years after the department's final payment to the local
unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts
less than $25,000 for preliminary engineering and testing services executed under and in .
accordance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172),
which do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of
the subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted. ·
,,
G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall
make such arrangements with railway companies, utilities, etc., as may be necessary for
the performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMEN;T, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway
companies, the Railroad Safety & Tariffs Division of the DEPARTMENT and other
. concerned governmental agencies other than the FHWA, and will forward same to the
DEPARTMENT for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of the work it agrees to undertake and perfonn.
K. The REQUESTING PARTY shall pay directly to the party perfonning the work all
billings for the services performed on the PROJECT which are authorized by or through
the REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for
which reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as
well as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions. •
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable
Federal and State requirements and regulations, neither assumes nor becomes liable for
any obligations undertaken or arising between the REQUESTING PARTY and any other
party with respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire
PROJECT or piirtions thereof, the DEPARTMENT, prior to advertising or issuing
authorization for work performance, may cancel the PROJECT, or any portion thereof,
and upon written notice to the parties this contract shall be void and of no effect with
respect to that cancelled portion of the PROJECT. Any PROJECT deposits previously
made by the parties on the cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all ti\ftes by
the DEPARTMENT and the FHWA.
03-15-93 6
SECTION ill
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
•
1. The REQUESTING PARTY shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment of Federal Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable
expenses or any other issue under this contract, the REQUESTING PARTY shall
thereafter continue to maintain the RECORDS at least until that dispute has been
finally decided and the time for all available challenges or appeals of that decision
has ·expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT
indicates an adjustment to the costs reported under this contract, or questions the
allowability of an item of expense, the DEPARTMENT shall promptly submit to
the REQUESTING PARTY, a Notice of Audit Results and a copy of the audit
report which may supplement or modify any tentative findings verbally.·
copununicated to the REQUESTING PARTY at the completion of an a~dit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or q~estioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
03-15-93 7
supply appropriate excerpts and make alternate arrangements to conveniently and
reasonably make that documentation available for review by the DEPARTMENT.
_The RESPONSE shall refer to and apply the language of the contract. The
REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
(60) day period constitutes agreement with any disallowance of an item of expense
and authorizes theDEPARTMENT to finally disallow any items of questioned or no
opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Atidit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. Ifthe DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by th~ DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
Tl;i.e REQUESTING PARTY shall comply with the Single Audit Act of;J984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
- 03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant numbers(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 reqirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work- All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent F APG Directives and Guidelines of the FHWA.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no biHof a lesser
amount than $ I ,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number _ _ _", or
"Final Billing".
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies, the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments ofFederal funds, and where applicable, State
Critical Bridge. funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as· work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments wiWbe made ·
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
. completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the contracted, and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
1. The DEPARTMENT, in accordance with its procedures in existence and covering
. '
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT.· The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount.thereof, and, if such default is not cured by payrnen_t within ten (10) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fac;t.
('.{·;;
'.,!
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l).
5. The costs of engineering and other services·performed on those projects involving
specific program funds and one hundred percent (100%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT: ''
1. All Projects:
Properly maintain and operate each partoftheproject, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d),
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid proj eels and pursuant to F APG (23 CFR 645B): Occupancy
of non-limited access right-of-waymay be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic ha'.rdship, the
unavailability of practicable alternatives or other extenuating circti'.)nstances.
C. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, ifrequired.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to aliow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
( •. ;•,;
\/
03-15-93 14
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
. close of the tenth (10th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT ortheDEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000Jt16 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. · ·
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
. 'PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, 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, becanse 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 of1980 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 of a particular job or position. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination;
· rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant publis.hed 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.
r -;:;
... ,
8, a
In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part ofits 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 ofinstitutions of higher education, until the contractor complies with said order of
the Civll 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 be 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 Regulati6ns relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
so certify to the Michigan Department of Transportation, or the Federal Highway Administration as
appropriate, ancf"shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance \vith 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 contraltlfr complies,
and/or ·
(b) Cancellation, termination, or suspension of the contract, in wh.ole or in part.
6. Incorporation of Provisions: The contractor shall inclnde 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 1"1ichigan 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 ofits 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
enforcj!ment under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assuranfe:
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.
City of Muskegon
City Manager's Office
Memo
To: Mayor Nielsen and City Commissioners
From: Bryon L. Mazade, City Manager
Date: 04/18/01
Re: Special Assessment Notices
At the last City Commission meeting I was asked to provide a report on the cost and
the positive and negative aspects of converting the special assessment notice
process to certified mail with return receipt requested. Currently the City sends all
special assessment notices by first class mail.
For street special assessments the City sends two notices for the public hearings
(one to create the district and one to spread the special assessment roll). The City
also sends a self addressed stamped envelope for the property owner to return the
response card for the hearing to create the district. For sidewalk assessments there
are also three mailings, one for the initial notification that the sidewalk needs to be
repaired and then two for the special assessment hearings. These mailings
generally cost $.34 each, although some cost as much as $.55 each, depending on
how many sheets of paper is sent. Sending these notices by certified mail with return
receipt requested would cost $3.74 each and could go as high as $3.95 each. On
average the City sends out special assessment notices for approximately 1,000
properties annually (650 for sidewalks and 350 for streets). This equates to 3,000
notices. For first-class mail this costs $1,020.00. The same notices would cost
$11 ,220.00 for certified mail. If the City uses certified mail this would have to be in
addition to the first class mail that is required by law. Therefore, the mailing cost
would be approximately $12,240.00 for 1,000 properties.
The increased cost (well over 1,000%) for converting the notification process to
certified mail is prohibitive. This does not include the increased staff time it will take
sending and receiving certified mail, which will be significant and could require the
use of a temporary worker.
• Page 1
Kum:linger, Gaiff
From: Mazade, Bryon
Sent: Tuesday, April 24, 2001 7:39 AM
To: Kundinger, Gail
Subject: FW: 15 E. Muskegon
FYI
-----Original Message----
From: Grabinski, Bob
Sent: Tuesday, April 24, 2001 8:20 AM
To: Mazade, Bry~m
Subject: 15 E. Muskegon
Bryon,
We have received no schedule of repairs ai this time. Due to the requirement to ensure certified mailing of the inspection
results and a return the two week period between commission meetings was not enough. Unless the owner responds with
an acceptable schedule, I will bring this back to commission on May 8. If more information is needed for tonight I will be
happy to provide it.
Thanks,·
Bob
1
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:00-100; Address: 15 E.
Muskegon, Muskegon Ml.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at 15
E Muskegon. Muskegon Ml is unsafe, substandard, a public nuisance and that
it be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: 00-100 - 15 E Muskegon, Muskegon Ml
Location and ownership: This single-family rental unit is located on E. Muskegon
in the Jackson Hill Neighborhood, HUD census tracking number 2. The owner is
Alfonzo Farmer and Jerri Oakes of Muskegon Ml.
Staff Correspondence attachments: A dangerous building inspection was
conducted on 12/4/00. A Notice and Order to repair was issued on 1/10/01. A
Notice of HBA Hearing was sent on February 13,,2001. The Board's issued an
Order to Demolish on March 7, 2001. Letter to Mr. Farmer dated 3/21/01.
Owner Contact: Mr. Alfonzo Farmer came to the inspection department with
copies of quit claim deeds that were not in the title search, It appears that he is
part owner with Jerri Oakes. Mr. Farmer was given until April 4, 2001 to comply
with the letter dated 3/21/01. There has been no contact from the owner since
then.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $10, 800.00
Estimated cost to repair: $7, 500.00 plus cost of required interior repairs.
F:\Inspections\Everett\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.doc page 1 of2
Staff Recommendation: To Concur with the Housing Board of Appeals decision
to Demolish.
City Commission Recommendation: The Commission will consider this item at
it's meeting on Tuesday, April 10, 2001.
F:\lnspections\Everctt\WORD\CC MEETlNGS\AGENDA - 15 E MUSKEGON.doc page 2 of2
Date: April 24, 2001
To: Honorable Mayor and City Commissioners
from: Finance Director
RE: First Quarter 2001 Budget Reforecast
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2001 Budget
Reforecast which outlines proposed changes to the original budget that have come about as result of
changes in policy priorities, labor contracts, updated information, or other factors. For the next meeting,
an action item will be placed on the agenda for adoption of the proposed first quarter budget reforecast
together with any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: The first quarter 2001 Budget Reforecast reflects only very minor
changes. The primary adjustments are in the area of capital improvements (pp. 28-30). We're pleased
to report that two major budgetary challenges (2000 census and healthcare costs) have been
surmounted with no real damage to the budget:
• Census - Projections had indicated the City might lose between 1,200 - 2,000 in population count.
The official loss was 178 as the City's total population went from 40,283 to 40,105. The count used
for state revenue sharing purposes (adjusted for institutional populations) went from 38,492 to
38,166, a decrease of only 326. Accordingly, it appears at this time that the original estimate for
state shared revenues will hold.
• Healthcare - We have been notified that healthcare premiums will increase 15.4% for the 2001-
2002 policy year. While this is by far the largest annual increase seen in many years, it is in line
with the original 2001 budget estimate and, thus, no adjustment is required at this time.
The remaining challenge is, of course, the health of the state and local economies. To this point we
have not noticed any significant change in local income tax receipts and hold to the original budget
estimate for this revenue source.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast to
ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal
approval of the Reforecast and related budget amendments.
COMMITTEE RECOMMENDATION: There is no committee recommendation at this
time.
9/18/97 1
CITY OF MUSKEGON
GENERAL FUND
HISTORICAL SUMMARY
Revenues & Expenditures & Fund Balance
Year Transfers In Transfers Out at Year-End
1991 $ 10,389,328 $ 10,584,427 $ 1,523,740
1992 11,297,076 11,282,444 1,538,372
1993 13,990,266 13,231,208 2,297,430
1994 15,301,973 15,572,689 2,026,714
1995 16,633,179 16,337,586 2,322,307
1996 17,666,214 18,018,159 1,970,362
1997 20,437,646 20,358,321 2,049,687
1998 21,643,855 21,634,467 2,059,075
1999 21,451,681 22,011,881 1,498,875
2000 23,685,516 22,232,657 2,951,734
Fiscal 2001 Budget Summai:y - First Quarter Reforecast
FUND BALANCE AT START OF YEAR $ 2 951 734
MEANS OE FINANCING:
Taxes 13,142,817 57%
Licenses and Permits 983,000 4%
Federal Grants 456,005 2%
State Grants 0%
State Shared Revenue 5,441,651 23%
other Charges 1,841,457 8%
Interest & Rentals 525,843 2%
Fines and Fees 289,200 1%
Other Revenue 362,650 2%
Other Financing Sources 180,000 1%.
23,222,623 100%
ESTIMATED REQUIREMENTS:
Customer Value Added Activities 16,570,554 71%
Business Value Added Activities 3,937,856 17%
Fixed Budget Items 2 701 098 12%
23,209,508 100%
ESTIMATED FUND BALANCE AT END OF YEAR $ 2 964 849
OPERATING SURPLUS (DEFICIT) $ 13,115
I
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Revenue Summary By Source
% Change
Original Budget Actual Thru Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 2001 2000 Original Original Comments
Available Fund Balance - BOY $ 2,059,875 $ 2,059,875 $ 2,280,546 $ 2,951,735 $ 2,951,735 $ 671,189
Taxes
City income tax $ 6,425,149 $ 7,078,571 $ 7,000,000 $ 1,805,229 $ 7,000,000 $ 0% HOLD ESTIMATE FOR NOW. MONITOR CLOSELY
Property taxes - general 3,601,411 3,686,780 3,967,591 3,967,591 0%
Property taxes - sanitation 1,489,818 1,630,491 1,680,226 1,680,226 0%
Industrial facilities taxes 353,151 362,676 405,000 405,000 0%
Payments in lieu of taxes 71,608 69,148 80,000 80,000 0%
Delinquent chargeback collected 19,886 3,769 10,000 5,521 10,000 0%
$ 11,961,023 $ 12,831,435 $ 13,142,817 $ 1,810,750 $ 13,142,817 $ 0%
Licenses and permits
Business licenses $ 25,008 $ 32,363 $ 45,000 $ 960 $ 37,000 $ (8,000) -18% LOWER BASED ON 2000 EXPERIENCE
liquor licenses 28,458 35,511 35,000 7,054 35,000 0%
Cable TV franchise fees 338,325 327,004 250,000 250,000 0%
Housing licenses 66,147 62,965 115,000 15,805 115,000
\'-I Burial permits 94,955 104,160 100,000 19,121 100,000
0%
0%
Building permits 285,865 368,333 250,000 40,771 250,000 0%
Electrical permits 77,375 87,692 75,000 22,030 75,000 0%
Plumbing permits 38,448 45,147 45,000 5,736 45,000 0%
Heating permits 57,326 62,847 70,000 13,197 70,000 0%
Franchise fees 1,100 2,000 2,000 0%
Police gun registration 3,870 1,879 4,000 760 4,000 0%
$ 1,015,777 $ 1_,_1;29,001 $ 991,000 $ 125,434 $ 983,000 $ (8,000) -1%
Federal grants
Federal operational grant $ 423,208 $ 522,111 $ 456,005 $ $ 456,005 $ 0%
$ 423,208 $ 522,111 $ 456,005 $ $ 456,005 $ 0%
State grants
State operational grant $ $ $ $ $ $ N/A
$ $ $ $ $ $ N/A
State shared revenue
State sales tax $ 4,863,361 $ 5,486,712 $ 5,441,651 $ $ 5,441,651 $ 0% HOLD ESTIMATE FOR NOW. MONITOR CLOSELY
$ 4,863,361 $ 5,486,712 $ 5,441,651 $ $ 5~651 $ 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Revenue Summary By Source
% Change
Original Budget Actual Thru Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 2001 2000 Original Original Comments
Other charges for sales and services
Tax administration fees $ 213,714 $ 224,399 $ 225,000 $ 26 $ 225,000 $ 0%
Utility administration fees 172,998 166,032 175,215 43,804 175,215 0%
Reimbursement for elections 10,459 30,568 12,000 12,000 0%
Indirect cost reimbursement 840,034 925,008 908,242 227,064 908,242 0%
Site•plan review fee 1,800 4,000 520 4,000 0%
Sale of cemetery lots 12,923 24,269 15,000 3,700 15,000 0%
Sale of columbarium niches 1,325 3,000 3,000 0%
Sale of Harbortown dockominiums 80,500 NIA
Police miscellaneous 68,663 67,711 65,000 5,399 65,000 0%
Police impound fees 38,576 6,000 13,975 20,000 14,000 233% MORE ACTIVITY THAN ANTICIPATED
Landlords alert 1,070 1,500 1,500 NIA
Fire protection-state property 75,055 83,093 80,000 80,000 0%
Zoning fees 12,305 9,325 7,500 3,220 7,500 0%
Clerk fees 604 2,586 5,000 902 5,000 0%
IFT application fees 6,369 9,917 5,000 5,000 0%
w Treasurer fees
False a!arm fees
4,374
17,727
26,934
16,439
2,500
10,000
3,215
815
4,000
10,000
1,500 60%
0%
Miscellaneous cemetery income 25,599 21,224 23,000 1,510 23,000 0%
Housing commission reimbursement 16,750 23,503 l,J/A
Senior transit program fees 8,521 8,261 8,000 1,693 8,000 0%
Fire miscellaneous 9,311 25,798 40,000 1,082 40,000 0%
Sanitation stickers 36,519 43,280 35,000 5,007 35,000 0%
Lot cleanup fees 121,148 96,998 50,000 9,118 50,000 0%
Reimbursements for mowings and demolitions 62,525 107,400 20,000 (172) 20,000 0%
Recreation program fees 115,817 138,866 125,000 5,615 125,000 0%
$ 1,911,915 $ 2,093,312 $ 1,824,457 $ 327,563 $ 1,841,457 $ 17,000 1%
Interest and rental income
Interest $ 314,639 $ 411,444 $ 325,000 $ 128,761 $ 350,000 $ 25,000 8% NO COMPENSATING BALANCES
Flea market 25,418 25,269 27,000 27,000 0%
Farmers market 20,905 22,040 20,000 180 20,000 0%
City right of way rental 6,400 6,4o'O 4,400 2,400 4,400 0%
Parking ramp rentals 27,266 46,819 40,000 18,568 40,000 0%
McGraft park rentals 43,270 55,518 54,443 2,995 54,443 0%
Other eark rentals 27,851 31,918 30,000 7,820 30,000 0%
$ 465,749 $ ~~,408 $ 500,843 $ 160,724 $ s2s,a43 L 25,000 5%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget~ General Fund
General Fund Revenue Summary By Source
% Change
Original Budget Actual Thru Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 2001 2000 Original Original Comments
Fines and fees
Jncome tax - penalty and interest $ 45,901 $ 70,290 $ 50,000 $ 21,476 $ 50,000 $ 0%
Late fees on current taxes 7,192 40,167 15,000 (36) 15,000 0%
Interest on late invoices 17,519 328 1,200 1,200 0%
Civll infraction fines (983) 3,000 3,000 0%
Property transfer affidavit fines 6,400 5,000 4,200 5,000 0%
Parking fines 82,772 41,829 65,000 36,625 65,000 0%
Court fines 124,968 179,662 150,000 30,275 150,000 0%
$ 277,369 $ 338,676 $ 289,200 $ 92,540 $ 289,200 $ 0%
Other revenue
Sale of fand and assets $ 2,650 $ 350 $ 3,000 $ $ 3,000 $ 0%
Police sale and auction proceeds 3,991 3,214 6,000 6,000 0%
CDBG program reimbursements 254,279 -391,573 315,000 3,152 315,000 0%
Contributions 64,165 63,343 11,000 1,062 11,000 0%
Muskegon County Community Foundation
-t:. Miscellaneous reimbursements
5,650 4,650
3,000
4,650 0%
3,000 0%
Miscellaneous and sundry 30,786 13,095 20,000 601 20,000 0%
$ 355,871 $ 477,225 $ 362,650 $ 4,815 $ 362,650 $ 0%
Other financing sources
Operating transfers in
Cemetery Perpetual Care 60,551 63,858 62,600 $ 15,810 62,600 0%
Criminal Forfeitures Fund 83,000 75,000 75,000 75,000 0%
Police Training Fund 18,621 36,286 10,000 10,000 0%
ODA for Administration 30,000 30,000 30,000 0%
Reese Playfield Fund 3,967 1,827 1,800 1,800 0%
RLF for Administration 10,000 NIA
Hackley Park Improvement Fund 1,269 51 NIA
Hackley Park Memorial Fund 614 600 600 0%
LDFA II pass-thru NIA
$ 177,408 $ 207,636 $ 180,000 $ 15,810 $ 180,000 $ 0%
Total general fund reven_ues and other sources $ 21,451,681 $ 23,685,516 $ 23,188,623 $ 2,537,636 $ 23,222,623 $ 34,000 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
I. Customer Value Added Activities
40301 Police Department
5100 Salaries & Benefits $ . 5,371,889 $ 5,421,663 $ 5,585,525 $ 1,236,926 22% $ 5,585,525 $ 0%
5200 Operating Supplies 127,053 148,156 123,000 31,755 26% 123,000 0%
5300 Contractual Services 725,960 940,086 850,000 206,319 24% 850,000 0%
5400 Other Expenses 47,181 53,924 30,700 11,011 36% 30,700 0%
5700 Capital Outlays 88,075 171,358 55,000 8,808 16% 55,000 0%
5900 Other Financing Uses NIA NIA
$ 6,360,158 $ 6,735,187 $ 6,644,225 $ 1,494,819 22% $ 6,644,225 $ 0%
40333 Police Narcotics Unit
5100 Salaries & Benefits $ 351,830 $ 403,645 $ 471,552 $ 79,543 17% $ 471,552 $ 0%
5200 Operating Supplies 7,914 11,381 5,150 1,612 31% 5,150 0%
5300 Contractual Services 14,831 13,899 10,700 1,957 18% 10,700 0%
5400 Other Expenses 39 318 NIA NIA
5700 Capital Outlays 22,171 36,195 20,941 0% 20,941 0%
5900 Other F!nancing Uses NIA NIA
$ 396,785 $ 465,438 $ 508,343 $ 83,112 16% $ 508,343 $ 0%
$ 6,756,943 $ 7,200,625 $ 7,152,568 $ 1,577,931 22% $ 7,152,568 $ 0%
50336 Fire Department
5100 Salaries & Benefits $ 2,673,009 $ 2,708,005 $ 2,738,873 $ 629,549 23% $ 2,738,873 $ 0%
5200 Operating Supplies 113,467 97,561 98,000 15,576 16% 98,000 0%
5300 Contractual Services 156,160 133,101 150,000 21,715 14% 150,000 0%
5400 Other Expenses 20,291 10,051 20,000 4,293 21% 20,000 0%
5700 Capltal Outlays 153,098 38,636 25,000 11,808 47% 25,000 0%
5900 Other Financing Uses NIA NIA
$ 3,116,025 $ 2,987,354 $ 3,031,873 $ 682,941 23% $ 3,031,873 $ 0%
50387 Fire Safety Inspections
5100 Salaries & Benefits $ 314,896 $ 623,329 $ 658,792 $ 136,759 21% $ 658,792 $ 0%
5200 Operating Supplies 8,585 17,135 31,050 3,868 15% 26,050 (5,000) -16% MOVE TO 5700
5300 Contractual Services 96,770 247,418 226,759 50,989 22% 226,759 0%
5400 Other Expenses 4,877 11,070 15,000 2,801 19% 15,000 0%
5700 Capital Outlays 16,029 9,838 5,600 215 2% 10,600 5,000 89% ADDT'L COMPUTER EQUIPMENT REQ'D
5900 Other Financing Uses NIA NIA
$ 441,157 $ 908,790' $ 937,201 $ 194,632 21% $ 937,201 $ 0%
$ 3,557,182 $ 3,896,144 $ 3,969,074 $ 877,573 22% $ 3,969,074 $ 0%
Sanitation
60523 General Sanitation
5100 Salaries & Benefits $ 60,002 $ 66,335 $ 62,422 $ 12,648 20% $ 62,422 $ 0%
5200 Operating Supplies 401 690 1,400 35 3% 1,400 0%
5300 Contractual Services 1,490,600 1,308,314 1,390,508 208,799 15% 1,390,508 0%
5400 Other Expenses 6 1,000 0% 1,000 0%
5700 Capital Outlays 24,360 25,000 0% 25,000 0%
5900 Other Financing uses NIA NIA
$ 1,551,009 $ 1,399,~~~- $ 1,480,330 $ 221,482 15% $ 1,480,330 $ 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru % Of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Orig(nal Original Comments
60528 Recycling
5100 Salaries & Benefits $ $ $ N/A $ $ NIA
5200 Operating Supplies NIA NIA
5300 Contractual Services 300,392 263,478 261,207 42,528 16% 261,207 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays 1,500 0% 1,500 0%
5900 Other Financing Uses NIA NIA
$ 300,392 $ 263,478 $ 262,707 $ 42,528 16% $ 262,707 $ 0%
60524 Composting
5100 Salaries & Benefits $ 12,468 $ $ $ NIA $ $ NIA
5200 Operating Supplies NIA NIA
5300 Contractual Services 43,237 NIA NIA
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 55,705 $ $ $ NIA $ $ NIA
60448 Streetlighting
5100 Salaries & Benefits $ 12,685 $ 10,601 $ 7,064 $ 2,173 31% $ 7,064 $ 0%
5200 Operating Supplies NIA NIA
5300 Contractual Services 505,839 507,599 515,000 85,163 17% 515,000 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays 600 10,000 0% 10,000 0%
5900 Other Financing Uses NIA NIA
$ 519,124 $ 518,200 $ 532,064 $ 87,336 16% $ 532,064 $ 0%
60707 Senior Citizen Transit
5100 Salaries & Benefits $ 39,821 $ 44,554 $ 42,998 $ 9,712 23% $ 42,998 $ 0%
5200 Operating Supplies NIA NIA
5300 Contractual Services 4,810 5,450 5,850 1,350 23% 5,850 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 44,631 $ 50,004 $ 48,848 $ 11,062 23% $ 48,848 $ 0%
60446 Community Event Support
5100 Salaries & Benefits $ 17,953 $ 113,420 $ 75,382 $ 8,162 11% $ 75,382 $ 0%
5200 Operating Supplies 14,743 2,500 149 6% 2,500 0%
5300 Contractual Services 1,270 45,757 20,000 274 1% 20,000 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 other Financing Uses NIA NIA
$ 19,223 $ 173,920 $ 97,882 $ 8,585 9% $ 97,882 $ 0%
$ 2,490,084 $ 2,405,301 $ 2,421,831 $ 370,993 15% $ 2,421,831 $ 0%
70751 Parks,"Maintenance
5100 Salaries & Benefits $ 594,245 $ 410,877 $ 528,153 $ 82,837 16% $ 528,153 $ 0%
5200 Operating Supplles 101,986 188,503 125,155 9,439 8% 125,155 0%
5300 Contractual Services 369,196 509,593 515,000 66,663 13% 515,000 0%
5400 Other Expenses 2,338 2,939 7,000 765 11% 7,000 0%
5700 Capital Outlays 42,206 53,703 80,000 28,105 35% 80,000 0%
5900 Other Financing Uses NIA NIA
t 1,109,971 $ 1,165,615 $ 1,255,308 $ 187,809 15% $ 1,255,308 $ 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Origi:1~I Original Comments
70757 Mc Graft Park Maintenance
5100 Salaries & Benefits $ 34,953 $ 10,522 $ 18,278 $ 594 3% $ 18,278 $ 0%
5200 Operating Supplies 9,527 3,862 5,000 1,028 21% 5,000 0%
5300 Contractual Services 27,393 43,985 30,165 2,810 9% 30,165 0%
5400 Other Expenses 434 210 1,000 0% 1,000 0%
5700 Capital Outlays 283 NIA NIA
5900 Other Financing Uses NIA NIA
$ 72,307 $ 58,862 $ 54,443 $ 4,432 8% $ 54,443 $ 0%
70775 General Recreation Programs
5100 Salaries & Benefits $ 132,298 $ 117,149 $ 175,398 $ 10,991 6% $ 175,398 $ 0%
5200 Operating Supplies 35,928 31,912 25,300 13,350 53% 25,300 0%
5300 Contractual Services 118,418 115,122 88,675 13,879 16% 88,675 0%
5400 Other Expenses 4,244 2,969 4,000 462 12% 4,000 0%
5700 Capital Outlays 208 4,344 NIA NIA
5900 Other Financing Uses NIA NIA
$ 291,096 $ 271,496 $ 293,373 $ 38,682 13% $ 293,373 $ 0%
70776 Inner City ReCreation Programs
5100 Salaries & Benefits $ 103,019 $ 135,718 $ 132,319 $ 25,122 19% $ 132,319 $ 0%
5200 Operating Supplies 11,214 10,781 21,710 685 3% 21,710 0%
5300 Contractual Services 30,297 29,995 36,400 0% 36,400 0%
5400 Other Expenses 2,397 2,896 3,000 259 9% 3,000 0%
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 146,927 $ 179,390 $ 193,429 $ 26,066 13% $ 193,429 $ 0%
70276 Cemeteries Maintenance
5100 Salaries & Benefits $ 330,496 $ 184,070 $ 175,746 $ 39,959 23% $ 175,746 $ 0%
5200 Operating Supplies 21,166 13,440 25,000 716 3% 25,000 0%
5300 Contractual Services 110,984 246,091 270,000 9,471 4% 270,000 Oo/o
5400 Other Expenses 216 568 1,000 364 36% 1,000 0%
5700 Capital Outlays 33,200 19,930 22,500 9,577 43% 22,500 0%
5900 Other Financing Uses NIA NIA
$ 496,062 $ 464,099 $ 494,246 $ 60,087 12% $ 494,246 $ 0%
70585 Parking Operations
5100 Salaries & Benefits $ 12,979 $ 13,182 $ 12,584 $ 3,233 26% $ 12,584 $ 0%
5200 Operating Supplies 2,146 2,316 2,000 375 19% 2,000 0%
5300 Contractual Services 28,692 27,50~ 35,572 6,208 17% 35,572 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 43,817 $ 42,999 $ 50,156 $ 9,816 20% $ 50,156 $ 0%
70771 Forestry
5100 Salaries & Benefits $ 90,283 $ 89,755 $ 134,355 $ 21,445 16% $ 134,355 $ 0%
5200 Operating Supplies 10,467 9,852 9,581 980 10% 9,581 0%
5300 Contractual Services 12,898 16,843 14,000 3,169 23% 14,000 0%
5400 Other Expenses 2,940 818 1,700 675 40% 1,700 0%
5700 Capita! Outlays 6,572 3,207 2,000 0% 2,000 0%
5900 Other Financing Uses NIA NIA
$ 123,160 $ 120,4_75 $ 161,636 $ 26,269 16% $ 161,!~~6 $ 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget General Fund
M
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
70863 Farmers' Market & Flea Market
5100 Salaries & Benefits $ 36,984 $ 27,185 $ 30,669 $ 3,111 10% $ 30,669 $ 0%
5200 Operating Supplies 503 591 1,000 0% 1,000 0%
5300 Contractual Services 8,236 15,000 7,623 1,718 23% 7,623 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 45,723 $ 42,776 $ 39,292 $ 4,829 12% $ 39,292 $ 0%
$ 2,329,063 $ 2,345,712 $ 2,541,883 $ 357,990 14% $ 2,541,883 $ 0%
80799 Weed and Seed Program
5100 Salaries & Benefits $ 20,949 $ $ $ NIA $ $ NIA
5200 Operating Supplies 2,860 NIA NIA
5300 Contractual Services 9,784 112 NIA NIA
5400 Other Expenses 127 NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 33,720 $ 112 $ $ N/A $ $ NIA
80387 Environmental Services
5100 Salaries & Benefits $ 439,362 $ 150,456 $ 172,208 $ 42,942 25% $ 172,208 $ 0%
5200 Operating Supplies 12,785 9,525 4,700 894 19% 4,700 0%
5300 Contractual Services 328,371 265,250 160,950 13,309 8% 160,950 0%
5400 Other Expenses 2,674 333 1,000 9 1% 1,000 0%
5700 Capital Outlays 3,569 4,135 4,700 0% 4,700 0%
5900 Other Financing Uses NIA NIA
$ 786,761 $ 429,sgg $ 343,558 $ 57,154 17% $ 343,558 $ 0%
$ 820.481 $ 429,811 $ 343,558 $ 57,154 17% $ 343,558 $ 0%
10875 Other
Contributions To Outside Agencies $ 117,369 $ 115,930 $ 141,640 $ 55,104 39% $ 141,640 $ 0% MATS- $80,500; NEIGH GRANTS- $40,000; MEMORIAL
$ 117,369 $ 115,930 $ 141,640 $ 55,104 39% $ 141,640 $ 0% DAY COMMITTEE- $10,000; OTHER- $11,140
Total Customer Value Added Activities $ 16,071,122 $ 16,393,523 $ 16,570,554 $ 3,296,745 20% $ 16,570,554 $ 0%
As a Percent of Total General Fund Expenditures 73.0% 73.7% 71.5% 73.7% 71.4%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
II. Business Value Added Activities
10101 City Commission
5100 Salaries & Benefits $ 50,488 $ 56,917 $ 58,589 s 12,371 21% $ 58,589 $ 0%
5200 Operating Supplies 11,732 11,861 16,000 318 2% 16,000 0%
5300 Contractual Services 26,636 30,541 47,059 4,930 10% 47,059 0%
5400 Other Expenses 7,106 8,813 11,000 540 5% 11,000 0%
5700 Capital Outlays 1,534 91 NIA NIA
5900 Other Financing Uses NIA NIA
$ 97,496 $ 108,223 $ 132,648 $ 18,159 14% $ 132,648 $ 0%
10102 City Promotions & Public Relations
5100 Salaries & Benefits $ $ $ $ NIA $ $ NIA
5200 Operating Supplies 10,000 0% 10,000 0%
5300 Contractual Services 14,791 24,000 2,380 10% 24,000 0%
5400 Other Expenses NIA NIA
5700 Capita! Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ $ 14,791 $ 34,000 $ 2,380 7% $ 34,000 s 0%
10172 City Manager
' 5100
5200
5300
Salaries & Benefits
Operating Supplies
Contractual Services
$ 163,409
2,531
2,645
$ 172,284
2,564
2,962
$ 177,056
3,500
5,500
$ 41,872
74
225
24% $
2%
4%
177,056
3,500
5,500
$ 0%
0%
0%
5400 Other Expenses 2,601 4,247 4,500 656 15% 4,500 0%
5700 Capital Outlays 82 1,814 3,500 0% 3,500 0%
5900 Other Financing Uses NIA NIA
$ 171,268 $ 183,871 $ 194,056 $ 42,827 22% $ 194,056 $ 0%
10145 City Attorney
5100 Salaries & Benefits $ $ $ $ N/A $ $ NIA
5200 Operating Supplies 400 480 480 0% 480 0%
5300 Contractual Services 341,368 384,201 370,194 94,761 26% 370,194 0%
5400 Other Expenses NIA NIA
5700 Capital Outlays N/A NIA
5900 Other Financing Uses NIA NIA
$ 341,768 $ 384,681 $ 370,674 $ 94,761 26% $ 370,674 $ 0%
$ 610,532 $ 691,566 $ 731,378 $ 158,127 22% $ 731,378 $ 0%
20173 Administration
5100 Salaries & Benefits $ 124,412 $ 137,659 $ 141,029 $ 33,972 26% $ 131,029 $ (10,000) -7% MGT ASS'T POSITION VACANCY
5200 Operating Supplies 4,482 2,295 3,950 81 2% 3,950 0%
5300 Contractual Services 24,701 15,871 23,000 339 1% 23,000 0%
5400 Other Expenses 16,200 12,278 11,860 2,107 18% 11,860 0%
5700 Capiti3I Outlays 298 581 1,500 933 62% 1,500 0%
5900 Other Financing Uses NIA NIA
_$__ 170,093 $ 168,684 $ 181,339 $ 37.432 22% _$_ _171,339 $ (1(_),_Q00l -6%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
20228 Affirmative Action
5100 Salaries & Benefits $ 63,526 $ 69,370 $ 70,485 $ 15,673 22% $ 70,485 $ 0%
5200 Operating Supplies 517 506 1,000 80 8% 1,000 0%
5300 Contractual Services 2,109 2,334 3,300 788 24% 3,300 0%
5400 Other Expenses 3,295 2,801 4,000 331 8% 4,000 0%
5700 Capital Outlays 118 500 0% 500 0%
5900 Other Financing Uses NIA NIA
$ 69,447 $ 75,129 $ 79,285 $ 16,872 21% $ 79,285 $ 0%
20744 Julia Hackley Internships
5100 Salaries & Benefits $ 1,714 $ 7,482 $ 4,650 $ 0% $ 4,650 $ 0%
5200 Operating Supplies 718 NIA NIA
5300 Contractual Services 711 NIA NIA
5400 Other Expenses NIA NIA
5700 Capital Outlays NIA NIA
5900 Other Financing Uses NIA NIA
$ 1,714 $ 8,911 $ 4,650 $ 0% $ 4,650 $ 0%
20215 City Clerk & Elections
5100 Salaries & Benefits $ 190,040 $ 218,883 $ 209,842 $ 39,962 19% $ 209,842 $ 0%
5200 Operating Supplies 28,908 32,549 15,000 2,437 16% 15,000 0%
5300 Contractual Services 34,857 28,284 32,850 3,605 11% 32,850 0%
5400 Other Expenses 6,875 5,420 3,250 1,561 48% 3,250 0%
5700 Capital Outlays 5,006 2,551 3,350 0% 3,350 0%
5900 Other Financing Uses NIA NIA
$ 265,686 $ 287,687 $ 264,292 $ 47,565 18% $ 264,292 $ 0%
20220 Civil Service
5100 Salaries & Benefits $ 125,385 $ 130,015 $ 153,025 $ 18,290 12% $ 153,025 $ 0% PERSONNEL ANALYST TO FULL-TIME. ADDT'L COST
5200 Operating Supplies 15,052 6,339 5,000 2,023 40% 5,000 0% VVILL BE OFFSET BY ELIMJNATION OF PIT ANALYST
5300 Contractual Services 71,530 39,839 31,000 4,055 13% 31,000 0% POSITION AND LOWER THAN BUDGETED SALARY
5400 Other Expenses 7,890 42,287 8,000 177 2% 8,000 0% FOR NEW DIRECTOR.
5700 Capital Outlays 220 762 957 0% 957 0%
5900 Other Financing Uses NIA NIA
$ 220,077 $ 219,242 $ 197,982 $ 24,545 12% $ 197,982 $ 0%
$ 727,017 $ 759,653 $ 727,548 $ 126,414 18% $ 717,548 $ (10,000) ~1%
30202 Finance Administration
5100 Salaries & Benefits $ 245,121 $ 259,785 $ 267,683 $ 65,939 25% $ 267,683 $ 0%
5200 Operating Supplles 8,336 9,334 10,900 1,015 9% 10,900 0%
5300 Contractual Services 61,633 64,594 69,400 37,228 42% 88,000 18,600 27% NO LONGER USING COMPENSATING BALANCES
5400 Other Expenses 3,280 2,385 3,000 413 14% 3,000 0% TOPAYBANKFEES
5700 Capital Outlays 2,359 4,586 3,500 30 1% 3,500 0%
5900 Other Financing Uses NIA NIA
$ 320,729 $ 340,684 $ 354,483 $ 104,625 28% $ 373,083 $ 18,600 5%
30209 Assessing ser\lices
5100 Salaries & Benefits $ 240,204 $ 5,013 $ 7,731 $ 821 11% $ 7,731 $ 0%
5200 Operating Supplies 3,131 NIA NIA
5300 Contractual Services 114,601 340,213 365,835 884 0% 365,835 0%
5400 Other Expenses 3,900 80 100 45 45% 100 0%
5700 Capital Outlays 633 NIA NIA
5900 Other Financing Uses NIA NIA
$ 362_.__4__6~ $ 345,306 $ 373,666 $ 1~ 0% $ 373,§66 $ 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
30205 Income Tax Administration
5100 Salaries & Benefits $ 186,659 $ 212,880 $ 223,951 $ 52,543 23% $ 223,951 $ 0%
5200 Operating Supplies 24,897 18,875 24,073 7,028 29% 24,073 0%
5300 Contractual Services 34,271 34,550 39,500 1,596 4% 39,500 0%
5400 Other Expenses 1,003 1,288 1,500 88 6% 1,500 0%
5700 Capital Outlays 7,375 2,180 3,000 0% 3,000 0%
5900 Other Financing Uses NIA NIA
$ 254,205 $ 269,773 $ 292,024 $ 61,255 21% $ 292,024 $ 0%
30253 Ci{y Treasurer
5100 Salaries & Benefits $ 266,436 $ 251,881 $ 275,462 $ 52,228 19% $ 275.462 $ 0%
5200 Operating Supp!les 28,340 38,165 28,400 6,658 23% 28,400 0%
5300 Contractual Services 44,557 55,546 41,399 8,073 20% 41,399 0%
5400 Other Expenses 1,096 1,264 1,211 0% 1,211 0%
5700 Capital Outlays 6,259 7,298 3,957 201 5% 3,957 0%
5900 Other Financing Uses NIA NIA
$ 346,688 $ 354,154 $ 350.429 $ 67,160 19% $ 350,429 $ 0%
30248 Information Systems Administration
5100 Salaries & Benefits $ 131,588 $ 167,381 $ 176,942 $ 41,151 23% $ 176,942 $ 0%
5200 Operating Supplies 4,832 6,695 9,000 99 1% 9,000 0%
5300 Contractual Services 42,033 38,925 45,000 8,490 19% 45,000 0%
5400 Other Expenses 18,650 10,689 12,000 6,720 56% 12,000 0%
5700 Capital Outlays '67,921 52,283 42,000 9,911 24% 42,000 0%
5900 Other Financing Uses NIA NIA
$ 265,024 $ 275,973 $ 284,942 $ 66,371 23% $ 284,942 $ 0%
$ 1,549,115 $ 1,585,890 $ 1,655,544 $ 301,161 18% $ 1,674,144 $ 18,600 1%
60265 City Hall Maintenance
5100 Salaries & Benefits $ 63,925 $ 63,273 $ 61,204 $ 14,666 24% $ 61,204 $ 0%
5200 Operating Supplies 13,874 11,926 15,370 2,757 18% 15,370 0%
5300 Contractual Services 161,699 184,471 189,895 34,614 16% 210,000 20,105 11% UNANTICIPATED ELEVATOR REPAIRS
5400 other Expenses 67 395 500 0% 500 0%
5700 Capital Outlays 8,607 3,422 6,287 0% 6,287 0%
5900 Other Financing Uses NIA NIA
$ 248,172 $ 263,487 $ 273,256 $ 52,037 18% $ 293,361 $ 20,105 7%
$ 248,172 $ 263,487 $ 273,256 $ 52,037 18% $ 293,361 $ 20,105 7%
80400 Planning, Zoning and Economic Development
5100 Salaries & Benefits $ 370,871 $ 395,554 $ 415,475 $ 87,676 21% $ 415,475 $ 0%
5200 Operating Supplies 31,621 16,283 14,050 3,435 24% 14,050 0%
5300 Contractual Services 102,933 78,924 79,400 19,581 25% 79,400 0%
5400 Other Expenses 10,591 7,746 8,500 1,454 17% 8,500 0%
5700 Capital Outlays 2,146 3,018 4,000 1,136 28% 4,000 0%
5900 other Financing Uses NIA NIA
$ 518,162 $ 501,525 $ 521,425 $ 113,282 22% $ 521,425 $ 0%
$ 518,162 $ 501,525 $ 521,425 $ 113,282 22% $ 521,425 $ 0%
Total Business Value Added Activities $ 3,652,998 $ 3,802,121 $ 3,909,151 $ 751,021 19% $ 3,937,856 $ 28,705 1%
As a Percent of Total General Fund Expenditures 16.6% 17.1% 16.9% 16.8% 17.0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - General Fund
General Fund Expenditure Summary By Function
Actual As % Change
Original Budget Actual Thru %of Revised Change From From
Actual 1999 Actual 2000 Estimate 2001 March 2001 Revised Estimate 2001 2000 Original Original Comments
JI. Fixed Budget Items
30999 , Transfers To Other Funds
Major Street Fund $ $ $ $ NIA $ $ NIA
Local Street Fund 620,000 620,000 820,000 205,000 25% 820,000 0%
Budget Stabilization Fund 100,000 25,000 25% 100,000 0%
L.C. Walker Arena Fund 325,000 346,000 301,000 75,250 25% 301,000 0%
Public Improvement Fund 150,000 220,000 150,000 37,500 25% 150,000 0%
MOD State Rehab Loan Fund 22,810 22,809 NIA NIA
TIFA Debi Service Fund 12,000 NIA NIA
State Grants 1,742 NIA NIA
Tree Replacement 2,723 NIA NIA
$ 1,108,742 $ 1,211,533 $ 1,371,000 $ 365,559 27% $ 1,371,000 $ 0%
30851 General Insurance $ 222,763 $ 249,757 $ 270,000 $ 0% $ 270,000 $ 0%
30906 Debt Retirement 340,604 407,835 365,098 59,189 16% 365,098 0%
10891 Contingency and Bad Debt Expense 212,696 142,954 450,000 0% 450,000 0%
90000 Major Capital Improvements 402,954 24,934 245,000 1,586 1% 245,000 0%
Total Fixed-Budget Items $ 2,287,759 $ 2,037,013 $ 2,701,098 $ 426,334 16% $ 2,701,098 $ 0%
As a Percent of Total General Fund Expenditures 10.4% 9.2% 11.7% 9.5% 11.6%
Total General Fund $ 22,011,879 $ 22,232,657 $ 23,180,803 $ 4,474,100 19% $ 23,209,508 $ 28,705 0%
Recap: Total General Fund By Expenditure Object
5100 Salaries & Benefits $ 12,873,899 $ 12,678,843 $ 13,265,442 $ 2,822,870 21% $ 13,255,442 $ (10,000) 0%
5200 Operating Supplies 644,655 719,038 637,269 106,467 17% 632,269 (5,000) -1%
5300 Contractual Services 6,002,539 6,559,992 6,817,381 1,012,974 15% 6,856,086 38,705 1%
5400 Other Expenses 170,318 185,789 154,821 34,731 22% 154,821 0%
5700 Capital Outlays 871,122 469,627 569,792 72,310 13% 574,792 5,000 1%
5900 All Other Financing Uses 1,449,346 1,619,368' 1,736,098 424,748 24% 1,736,098 0%
Total General Fund $ 22,011,879 $ 22,232,657 $ 23,180,803 $ 4,474,100 19% $ 23,209,508 $ 28,705 0%
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
202 Major Streets and State Trunklines Fund
Available Fund Balance. BOY $ 4,386,989 $ 3,585,170 $ 1,808,171 s 2,989,718 $ 2,989,718 $ 1,181,547
Revenues
Special assessments $ 208,386 $ 221,610 $ 100,000 $ $ 100,000 s 0%
Federal grants 29,033 3,154,271
State grants 92,678 1,150,000 1,150,000 0%
State shared revenue 2,346,730 2,590,185 2,209,194 175,582 2,209,194 0%
Interest income 237,805 214,103 60,000 27,668 60,000 0%
Operatfng transfers in 170,720 155,000 155,000 0% CDBG $65M: EDA S70M
i:',; Other
s
183,977
3,269,329 $
514,262
6,694.431 $
75,000
3,749,194 s
3,287
206,537 $
75,000
3,749,194 s
0%
0%
60900 Operating Expenditures
5100 Salaries & Benefits $ 608,646 $ 649,222 $ 737,485 $ 200,593 27% $ 737,485 s 0%
5200 Operating Supplies 151,749 105,439 166,200 60,628 36% 166,200 0%
5300 Contractual Services 688,313 915,522 723,401 200,754 28% 723,401 0%
5400 Other Expenses 5,239 5,545 4,000 225 6% 4,000 0%
5700 Capital Outlays NIA
5900 Other Financing Uses 664,840 905,964 810,523 0% 810,523 0% DEBT SERVICE: $200M TRANSFER TO LOCAL
2,118,787 s 2,581,692 s 2,441,609 $ 462,200 19% s 2.441,609 $ 0%
90000 Project Expenditures
5200 Operating Supplies $ $ s $ NIA s $
5300 Contractual Services 1,731,347 4,708,191 2,960,000 85,478 3% 2,866,000 (94,000) -3% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700 Capital Outlays 221,014 NIA
1,952,361 s 4,?D8,191 $ 2,960,000 $ 85,478 3% $ 2,866,000 $ (94,000) -3%
4,071,148 s 7,289,883 $ 5.401,609 $ 547,678 10% $ 5,307,609
Available Fund Balance• EOY $ 3,585,170 s 2,989,718 $ 155,756 $ 2,648,577 $ 1,43'1_,303 $ 1;2"75}i4i
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 20000riginal Original Comments
203 Local Streets Fund
Available Fund Balance. BOY $ 107,336 $ 176 $ {81,376) $ 122,966 $ 122,966- $-~4i
Revenues
Special assessments $ 70,128 $ 76,570 $ 75,000 s $ 75,000 $ 0%
Federal grants 31,073 31,073
...
~
State grants
State shared revenue
Interest income
Operating transfers in
621,506
10,329
680,000
48,467
639,505
11,210
870,000
648,300
10,000
48,467
49,963
49
648,300
10,000
0%
0%
1,090,000 205,000 1,090,000 0% GENERAL FUND TRANSFER $S2DM: EDA S70M; MAJOR S200M
Other 828 20.082 20,000 12 20,000 0%
$ 1,382,791 $ 1,696,907 s 1,843,300 $ 334,564 s 1,843,300 $ 0%
60900 Operating Expenditures
5100 Salaries & Benefits $ 484,756 $ 437,738 $ 402,118 $ 91,506 23% s 402,118 $ 0%
5200 Operating Supplies 73,457 107,551 84,000 13,919 17% 84,000 0%
5300 Contractual Services 484,784 589,182 554,501 97,631 18% 554,501 0%
5400 Other Expenses 1,234 2,236 1,000 0% 1,000 0%
5700 Capital Outlays NIA
5900 Other Financing Uses 63,143 NIA
$ 1,044,231 s 1,199,850 $ 1,041,619 s 203,056 19% $ 1,041,619 $ 0%
90000 Project Expenditures
5200 Operating Supplies $ s $ $ NIA $ $
5300 gc,intractus_l Services 445,720 374,267 700,000 24,404 4% 652,000 [48,000) -7% SEE "BUDGETED CAPITAL IMPROVEMENT!," FOR DETAIL
s 445,720 s 374,267 $ 700,000 $ 24,404 4% $ 652,000 $ (48,000) •7%
$ 1,489,951 s i.574,117 $ 1.741,619 $ 227,460 13% $ 1,693,619
Available Fund Balance - EOY s 176 s 122,966 $ _ 2Q.305 $ 230,070 _ $ 272,647 s 252~342
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
230 Enterprise Community Fund
Available Fund Balance. BOY $ $
Revenues
$
' $ $
Special assessments $ $ s s
Federal grants 336,525 633 180,000 180,000 0%
State shared revenue
Charges for services 77,310
Interest income
'"i Operating transfers in
Other
$ 413,835 s 633 $ 180,000 $ s 180,000 $ 6%
60900 Operating Expenditures
5100 Salaries & Benefits $
5200
5300
Operating Supplies
Contractual Services 413,835
' 633
$
180,000
$ NIA
NIA
0%
' 180,000
' 0%
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financin Uses NIA
$ 413,835 $
90000 Project Expenditures
633
' 180,000 $ 0% $ 180,000 $ 0%
5200 Operating Supplies $ $
5300 Contractual Services
$
' $ NIA
NIA ' $
's'
$ $ NIA
s 413,835 $ 633 180,000 $ 0% $ 180,000
Available Fund Balance - EDY $ $ $ $ $
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
254 LC. Walker Arena Fund
Available Fund Balance - BOY $ 3,426
Revenues
294
' ' 3,564
' 3,861
' 3,861
' 297
Special assessments $ $
. '
State grants
State shared revenue
' $
Charges for services 518,703 505,229 560,000 246,280 560,000 0%
Interest income 24 288
'
,.;--.
Operating transfers in
other
325,000
2,212
346,000
3,848
301.000 75,250
804
301,000 0% GE;:NERAL FUND OPERATING SUBSIDY
70805 Operating Expenditures
' 845,915
' 855,101
' 861,000
' 322,622
' 861,000
' 0%
5100 Salaries & Benefits
5200
5300
Operating Supplies
Contractual Services
' 11,112
831,671
$ 11,120
842,086
' 11,416
850,000
' 3,025
236,632
26%
NIA
28%
' 11,416
850,000
' 0%
0%
5400 Other Expenses NIA
5700 Capital Outlays 1,460 242 NIA
5900 Other Financing Uses NIA
$ 842,783 $ 854,666 861.416
' 239,899
$ 28%
90000 Project Expenditures
$ 881.416
' 0%
5200 Operating Supplies $ $
'
$ NIA $
5300 Con_!@.ctual Services NIA
$ $ $ NIA
''
$ $
942,783
Available Fund Balance - EOY
' $ 854,666 $ 961.416
' 239,899 29% 861.416 0%
' 3_,:!26 $ 3~-- 3,146
' 86~_
' 3,445 $ 297
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
403 Sidewalk Improvement Fund
Available Fund Balance - BOY $ 982,400 s 63,295 $ 701,009 $ 613,738 $ 613,738 $ (87,271}
Revenues
Speda! assessments $ 200,592 $ 459,927 $ 450,000 $ $ 450,000 $ 0%
Federal grants
Stats shared revenue
Charges for services
Interest income 67,211 39,198 15,000 4,758 15,000 0%
Operating transfers in 97,219 100,000 100,000 0%
Other 826,068
' $ 267,803 s 1.422,412 $ 565,000 $ 4,758 $ 565,000 $ 0%
" 30906
5100
5200
Operating Expenditures
Salaries & Benefits
Operating Supplies
s $ $ $ NIA
NIA
$ $
5300 Contractual Services NIA
5400 Other Expenses NIA
5700 Capital OuUays NIA
5900 Q!her Financin!,J Uses 734,847 143,014 412,413 128,595 31% 412.413 0% OEST SERVICE
$ 734,847 $ 143,014 s 412,413 $ 128,595 31% $ 412,413 $ 0%
90000 Project Expenditures
5200 Oper.;iling Supplies $ $ s s NIA $ $
5300 Contractual Services 452,061 568,030 850,000 8,215 1% 850,000 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5400 Other Expenses 6,520 NIA
5900 _9_!h~r Financing Uses 154,405 NIA
$ 452,061 $ 728,955 $ 850,000 $ 6,215 1% $ 850,000 $ 0%
$ 1,186,908 $ 871,989 $ 1,262,413 $ 134,810 11% $ 1,262.413
Available Fund Balance - EOY $ 63,295 613,738 s
' $ 3~ $ 483,686 (83,675) $ (~7.2711
Clty of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget• Non-Geni::ral Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 ActualZOOO Estimate 2001 2001 Revised 2001 2000 Original Original Comments
404 Public lmprovem-ent Fund
Available Fund Balance - BOY
Revenues
' 679,356 5 1,354,812 $ 206,812 $ 421,441 5 421,441 $ 214,629
Special assessments
' $ $
$ 5
Federal grants 570,600 570,600 0% EDA GRANT FOR SEAWAY INDUSTRIAL PARK
Contributions 5,000 5,000 0%
Sales of Property 247,361 148,053 100,000 7,125 100,000 0%
Interest income 43,424 51,375 25,000 3,895 25,000 0%
Operating transfers in 150,000 220,000 150,000 37,500 150,000 0%
Other 1,312,964 35,643
'
~ 30936 Operating Expenditures
' 1,753.749
' 455,071 5 850,600
' 48,520
' 850,600 $ 0%
5100 Salaries & Benefits $ 5 $ $ NIA
5200
5300
Operating Supplies
Contractual Services
NIA
NIA
'
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financing Uses 876,900 105,000 240,000 0% 240,000 0% TRANSFERS TO STREETS, WATER, SEWER FOR SEAWAY IP
90000 Project Expenditures
876.900
' 105,000 $ 240,000 $ 0% 5 240,000 $ 0%
5200 Operating Supplies
5300
5400
Contractual Services
Other Expenses
$
15,779
31,301
' 696,960
$
' 3,140
NIA
NIA
NIA
$
5700 C;;ieital Outlais 154,313 586,482 475,600 333,074 70% 474,168 (1.432) 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" fQR DETAIL
s 201.393 $ 1,283,442 $ 475,600 $ 336,214 71% $ 474,168 $ 11.432l 0%
Available Fund Balance. EOY
$
$
1,078,293
1,354,812
'
$
1,388,442
421,441
$
$
715,600
341,812
$
$
336,214
133,747
47% $
$
714,168
557,873 $ 218~061
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
482 State Grants Fund
Available Fund Balance - BOY $
Revenues
' $ $ $ $
Special assessments $ $ $ $ $ $
State grants 255,069 275,965 2,335,000 2,335,000 0%
Federal grants 73,386
Sales of Property
Interest income
Operating transfers in 1,743 601,173 200,000 200,000 0% LOCAL MATCH FROM GOLF COURSE FUND (TRAIL PROJECTS)
Other
'
~ $ 256,812 $ 950,524
' 2,535,000 s
' 2,535,000 $ 0%
30936 Operating Expenditures
5100 Salaries & Benefits
5200
5300
Operating Supplies
Contractual Services
' ' ' ' NIA
NIA
NIA
' '
5400 Other Expenses NIA
5700 Capital Outiays NIA
5900 Other Financin Uses NIA
s
90000 Project Expenditures
' $ $
' NIA
'
5200 Operating Supplies
5300
5700
Contractual Services
Caeital Outla)'.s
' 256,812
$
950,524 ' 2,535,000
' 372,317
77,061
NIA
NIA
3%
' 2,535,000
' 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAI~_
256,812
'
$ 256,812 '
$
950,524
950,524 '
$
2,535,000
2,535,000 '
$
449,378
449,378
18%
18% '
$
2,535,000
2,535,000 ' 0%
Available Fund Balance - EOY
' $ $ $ (449,378)
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
594 Marina & Launch Ramp Fund
Available Cash Balance - BOY 37,205 s
Revenues
' 62,225
' 26,725
' 2,292
' 2,292
' (24.433)
Special assessments s s $ $ $ $
State grants
State shared revenue
Charges for services 258,159 273,456 270,000 99,793 270,000 0%
Interest income 3,915 5,1S4 5,000 309 5,000 0%
Operating transfers in
Other 13,229 10,797
$ 275,303 s s
\\.
<:, 70756 Operating Expenditures
' 289,437 275,000 $ 100,102 275,000 $ 0%
5100 Salaries & Benefits
5200
5300
Operating Supplies
Contractual Services
' 95,973
12,073
93,287
$ 74,283 $
17,771
143,006
91,579
10,300
92,379
$ 10,033
14,171
11%
0%
15%
$ 91,579
10,300
92,379
$ 0%
0%
0%
5400 Other Expenses 44S 2,307 1,000 60 6% 1,000 0%
5700 Capital Outlays 1,223 1,350 4,000 0% 4,000 0%
5900 Other Financing Uses 74,54S (841) NIA
Other Cash Uses (e.g .. Debt
Princi al (30,900) NIA
s 246,646 $ 237,876 $ 199,258 $ 24,264 12% 199,258 s
90000 Project Expenditures
' 0%
5200 Operating Supplies $ $ $ s s
5300
5700
Contractual Services
Capital OuUays
3,637 111,494 ' 57,641
NIA
NIA
NIA
3,637 s s s
250,283 '
s
111,494
349,370 's 57.641 NIA
s
Available Cash Balance - EOY $ 62.225 s 2,292
'
§
199,258 81.905 41%
s
199,258
s
102.467
' 20,489 78,034 (24.433)
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
584 Municipal Golf Course Fund
Available Cash Balance - BOY s
Revenues
' 1,531,324
' 1,564,213 $ 1,108,216 $ 1,151,296 $ 1,151,296 43,080
Special assessments s s $ $ $ $
State grants
State shared revenue
Charges for services
Interest income 81,345 86,159 40,000 11,357 40,000 0%
Operating transfers in
Other
$ 81,345 $ 86,159 s 40-,ooo s 11,35i $ 40,000 $ 0%
N
...... 70542 Operating Expenditures
5100 Salaries & Benefits $ $ $ $ NfA $ $
5200 Operating Supplies NIA
5300 Contractual Services 9,208 2,903 NIA
5400 Other Expenses NIA
5700 Capital Outlays NIA
5900 Other Financing Uses 496,173 200,000 0% 200,000 0% LOCAL MATCH FOR TRAIL PROJECT GRANTS
Other Cash Uses {e.g .. Debt
Principal) 39,248 WA
$ 48,456 $ 499,076 $ 200,000 $ 0% $ 200,000 $ 0%
90000 Project Expenditures
5200 Operating Supplies $ $ $ $ NIA $ s
5300 Contractual Services NIA
5700 Capital Outlays NIA
s s $ $ NIA - $
~
$ 4B.456 $ 499,076 $ 200,000 $ 0% $ 200,000
Available Cash Balance - EOY s 1,564,21~ s 1,151~_$_ _ _ 948,216 $ 1,182,653 $ 991,296 $ --43,080
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
661 Equipment Fund
Available Cash Balance• BOY $ 620,607 $ 499,092 $ 420,818 $ 380,984 $
Revenues
380,984
' (39,834}
Special assessments $ $ $ $
State grants
State shared revenue
' $
Charges for services 1,670,497 1,950,310 1,900,000 474,393 1,900,000 0%
Interest income 30,203 27,193 40,000 4,339 40,000 0%
Operating transfers in
Other 159,597 193,377 100.000 20 798 100,000 0%
\\J $ 1,860,297 $ 2,170,860 s 2,040.000 $ 499,530 $ 2,040,000 $ 0%
\" 50932 Operating Expenditures
5100 Salaries & Benefits $ 388,008 $ 364,899 $ 361,498 $ 99,799 28% $ 361,498
5200
5300
Operating Supplies
Contractual Services
469,989
363,568
606,768
393,192
437,599
431,060
114,134
72,141
26%
17%
437,599
431,060
' 0%
0%
0%
5400 Other Expenses 3,537 3,357 3,000 0% 3,000 0%
5700 Capital OuUays 679,073 872,983 746,000 360 0% 746,000 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5900 Otller Financing Uses NIA
Other Cash Uses (e.g .. Debt
Princi al 77,637 47,789 N/A
1,981,812
90000 Project Expenditures
' ' 2,288,988
' 1,979,157 $ 286,434 14% $ 1,979,157
' 0%
5200 Operating Supplies
5300
5700
Contractual Services
Capital Outlays
' $ $ $ N/A
N/A
N/A
$
$ $ $ $ N/A $ $
1,981,812
Available Cash Balance - EOY
'
$ 499_,_0~2
$
!
2,288,988
380,984
'
$
1,979,157
481,661
$
$
286,434
594~
14% $ 1.979,157
(39,834)
' 441~__§
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
642 Public Service Building Fund
Available Cash Balance - BOY $ 114,901 $ 34,173 $ (287,200) $ (200,038) $ (200,038) $ 87,162
Revenues
Special assessments $ s $ $ $ s
State grants
State shared revenue
Charges for services 379,095 460,000 460,000 139,265 460,000 0%
Interest income 3,995 1,000 1,000 0%
Operatlng transfers in
Other 30 427
$ 383,120 $ 460,427 $ 461,000 $ 139,265 $ 461,000 $ O'!!,
N
w 60442
5100
Operating Expenditures
Salaries & Benefits $ 152,957 $ 174,399 $ 168,307 $ 40,225 24% $ 168,307 s 0%
5200 Operating Supplies 21,236 19,767 26,950 4,334 18% 26,950 0%
5300 Contractual Services 1g1,1a? 215,070 201,418 44,228 22% 201,416 0%
5400 Other Expenses 12,210 10,956 10,000 4,723 47% 10,000 0%
5700 Capital Outla)ls 19,747 18,961 150,430 15,179 10% 150,430 0% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAlL
5900 Other Financing Uses NIA
Other Cash Uses and Adjustments
(e.jl .. Debt Princieal) 66,531 (21,076) NIA
463,848 $ 418,077 $ 557,103 $ 108,68g 20% $ 557,103 $ 0%
90000 Project Expenditures
5200 Operating Supplies $ s $ $ NIA $ s
5300 Contractual Services 276,561 NIA
5700 Capital Outlays NIA
$ s 276,561 $ $ NIA $ s
$ 463,848 s 694,638 s 557,103 $ 108,689 20% $ 557,103
Available Cash Balance - EOY $ 34,173 _§ (200,038} $ (383,303} $ (169,462) $ (296,141) $ 87562
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget. Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual 2000 Estimate 2001 2001 Revised 2001 2000 Original Ori~inar Comments
643 EngineerillQ-Services Fund
Available Cash Balance. BOY $ 83,696 $ 86,178 $ 176,286 $ 117,697 s 117,697 $ (58,589)
Revenues
Special assessments $ $ s $ s
State grants
State shared revenue
Charges for services 472,211 478,738 620,000 107,637 620,000 0%
Interest income 4,364 5,749 25,000 1,088 25,000 0%
Operating transfers in
Other _ 29,171 24,762
s 505,746 s 509,249 $ 645,000 $ 108,725 $ 645,000
' 0%
""
...... 60447
5100
5200
Operating Expenditures
Salaries & Benefits
Operating Supplies
$ 372,095
15,050
$ 348,155
15,188
$ 459,501
19,005
$ 74,963
5,403
16%
28% ' 459,501
19,005
$ 0%
0%
5300 Contractual Services 75,567 107,040 130,602 27,104 21% 130,602 0%
5400 Other Expenses 3,109 3,964 4,200 645 15% 4,200 0%
5700 Capital Outlays 10,585 22,025 24,000 9,438 39% 24,000 0%
5900 Other Financing Uses NIA
Other Cash Uses and Adjustments
(e.f;! .. Debt Princieal) 21,412 (19,413) NIA
497,838 s 476,959 s 637,308 $ 117,553 18% s 637,308 $ 0%
90000 Project Expenditures
5200 Operating Supplies $
5300
5700
Contractual Services
Capital Outla):'s
5,426
$
771 ' $
"'
NIA
NIA
NIA
' $
5,426 $ 771 $ $ 376 NIA $ s
503,264 477,730 637,308
'
$ $ 117,931 19% 637,308
Available Cash Balance - EOY $ 86~ 117,697 $ 183~ 108~
'
$ 125,389 S-(58,589t
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget• Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual2000 Estimate 2001 2001 Revised 2001 20000riginal Original Comments
677 General Insurance Fund
Available Cash Balance - BOY $ 963,422 $ 1,193,782 $ 1,139,024 $ 935,251 $ 935,251 $ {203,773)
Revenues
Special assessments s $ $ $ $
State grants
State shared revenue
Charges for services 2,081,027 1,978,797 2,170,000 506,466 2,170,000 0%
Interest income 39,317 55,393 40,000 8,389 40,000 0%
Operating transfers in 1,110,799 784,995 1,100,000 1,100,000 0%
Other 4,801 117,275 75,000 75,000 0%
$ 3,235,944 $ 2,936,460 $ 3,385,000 $ 514,855 $ 3,385,000 $ 0%
""
\,._ 30851
5100
5200
Operating Expenditures
Salaries & Benefits
Operating Supplies
$ 400,953
510
$ 5,712
475
52,354
1,000
$ 4,952
238
S%
24%
52,354
1,000
$ 0% NEW POSITION WC/RISK MANAGER
0%
5300 Contractual Services 2,684,902 3,072,981 3,365,165 852,025 25% 3,365,165 0%
5400 Other Expenses 50 461 1,500 178 12% 1,500 0%
5700 Capital OuUays 1,000 0% 1,000 0%
5900 Other Financing Uses NIA
Other Cash Uses and Adjustments
(e.lJ .. Debt Princieall (80,831) 115,362 WA
$ 3,005,584 $ 3,194,991 $ 3,421,019 $ 857,393 25% $ 3,421,019 .- 0%
90000 Project Expenditures
5200 Operating Supplies s $ $ $ NIA $
5300 Contractual Services NIA
§_i'9Q_ Capital Outlays NIA
$ $ $ NIA $ $
3,005,584 $ 3,194,991 $ 3,421,019 $ 857,393 25% $ 3,421,019
Available Cash Balance• EOY $ 1,193,762 $ 9~5,251 $ 1,103,005 $ 592,713 $ 899~232
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed.Budget• Non-General Funds
Actual As % Change
Original Budget Actual Thru March %of Revised Estimate Change From From
Actual 1999 Actual2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
591 Water Fund
Available Cash Balance - BOY $ 839,769 $ 6,094,347 $ 5,325,121 $ 5,982,941 $ 5,982,941 $ 657,820
Revenues
Special assessments $ $ $ $ $ $
State grants
State shared revenue
Charges for services - City 3,139,639 3,531,540 3,200,000 3,200,000 0%
Charges for services - Township 420,000 420,000 0%
Hydrant Rental-Township
Interest income 248,487 320,696 140,000 79,077 140,000 0%
Operating transfers in 77.155 54,000 54,000 0% EDA$54M
Other 9,537,128 84,101 50,727
13,002.409 $ 3,936,337 $ 3,814,000 $ 129,804 $ 3,814,000 $ 0%
30548 Operating Expenditures Administration
5100 Salaries & Benefits $ $ $ $ NIA $ $
5200 Operating Supplies NIA
5300 Contractual Services 375,765 359,581 478,667 99,141 21% 478,667 0% INSURANCE/INDIRECT COSTS/UTILITY AOMININISTRATION FEE
5400 Other Expenses 7,431 NIA
5700 Capital Outlays 45 45 NIA
5900 Other Financing Uses 409,391 495,727 449,405 5,349 1% 449,405 0% INTEREST
Other Cash Uses and Adjustments
(e,:J .. Debt Princieal) 3,722,862 302,213 370,000 0% 370,000 0% PRINCIPAL
$ 4,508,053 1,154,997
60559 Operating Expenditures Maintenance - City
' $ 1,298,072
' 104,490 8% $ 1,296,072
' 0%
5100 Salaries & Benefits s
N 5200
5300
Operating Supplies
Contractual Services
' 655,282
97,019
233,897
698,628
237,968
293,031
' 550,690
100,200
258,933
' 148,309
12,319
60,421
27%
12%
23%
5 550,690
100,200
258,933
' 0%
0%
0%
~ 5400 Other Expenses 125,838 71,680 60,000 2,495 4% 60,DOO 0%
5700 Capital Outlays 21,693 5,129 14,400 1,080 8% 14,400 0%
5900 Qthe:,_r Financing Uses NIA
$ 1,133,729 $ 1,306,436 $ 984,223 $ 224,624 23%
60660 Operating Expenditures Maintenance - Township
' 984,223
' 0%
5100 Salaries & Benefits
5200
5300
Operating Supplies
Contractual Services
' ' 3,190
863
47
' 256,805
11,900
113,002
' 41,379
22,048
16%
0%
20%
$ 256,855
11,900
113,002
$ 0%
0%
0%
5400 Other Expenses 151,420 360 0% 151,420 0%
5700 Capital Outlays 4,350 0% 4,350 0%
5900 Other Financing 1,)§_l;l~ NIA
$ 4,100 $ 537,527 $ 63,787 12% $ 537,527 $ 0%
60558 Operating Expenditures Filtration
5100 Salaries & Benefits s
5200
5300
Operating Supplies
Contractual Services
' 459,135
122,342
312,641
469,642
121,252
285,375
$ 477,607
101,815
399,800
' 103,241
17,503
50,901
22%
17%
13%
$ 477,607
101,815
399,800
' 0%
0%
0%
5400 Other Expenses 2,684 3,546 4,150 341 8% 4,150 0%
5700 Capital Outlays 55,608 27,339 28,939 NIA
5900 Other Financing Uses NIA
s 952,410 $ 907,154 s 983,372 s s
90000 Project Expenditures
' 200,925 20% 983,372 0%
5200 Operating Supplies
5300
5700
Contractual Ser.rices
Capital Outla s
' 4,159
248,251
901,219
$
665,056
$
3,545,810
$
9,745
NIA
0%
NIA
3,586,810 41,000 1% SEE "BUDGETED CAP ITAl IMPROVEMENTS" FOR DETAll
1,153,629 665,056
'' 3,545,810
$ $ 9,745 0%
7,747,831 $ 4,047,743 7 349,004 s 603,571 8% '' 3,586,810
7,390,004
$ 41,000 1%
Available Cash Balance - EOY 6,094,347 s
' $ ~J82,941
'
1,790,117 5,509,174
' 2,406,937
' 616,820
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget - Non-General Funds
Actwal As % Change
Original Bwdget Actwal Thru March %of Revised Estimate Change From From
Actual 1999 Actwal 2000 Estimate 2001 2001 Revised 2001 2000 Original Original Comments
590 Sewer fund
Available Cash Balance - BOY $ 405,280 s 787,448 $ 482,811 s 1,445,721 s 1,445,721 $ 982,910
Revenues
Special assessments $ $ $ $ s $
State grants
State shared revenue
Charges for seivices 3,649,614 3,989,052 4,200,000 4,200,000 0%
Interest income 27,684 54,362 40,000 40,000 0%
Operating transfers in 87.474 46,000 46,000 0% EDA$46M
Other _ 62,881 45,967 30,000 30,000 0%
3,827,653 s 4,089,381 $ 4,316,000 s $ 4,316,000 $ 0%
30548 Operating Expenditures Administration
5100 Salaries & Benefits s $ s $ NIA $ s
5200 Operating Supplies NIA
5300 Contractual Ser.ices 278,848 269,957 683,649 61,529 9% 683,649
\\..) 0% INSURANCE/INDIRECT COSTS/UTILITY ADMININISTRATION FEE
5400 Other Expenses 3,060 13,098 NIA
'-I 5700 Capital OuUays 45 45 NIA
5900 Other Financing Uses 237,637 216,TTS 197,228 102,585 52% 197,226 0% INTEREST
Other Cash Uses and Adjwstments
(e.lJ·· Debt Principal) 191,244 714,619 400,051 0% 400,051 0% PRl!'!CIPAL
$ 710,834 5 1,214,495 $ 1,280,928 164,114 s
60559 Operating Expenditures Maintenance
' 13% 1,280,928 $ 0%
5100 Salaries & Benefits $ 523,426 $ 551,757 689,031
5200
5300
Operating Supplies
Contractual Services
48,439
1,561,003
50,955
1,346,297
' 55,252
1,737,935
$ 141,720
4,031
184,664
21%
7%
11%
$ 689,031
55,252
1,737,935
$ 0%
0%
0%
5400 Other Expenses 2,617 3,992 2,800 145 5% 2,800 0%
5700 Capital Outlays 334 8,380 15,000 3,593 24% 15,000 0%
5900 Other Financing Uses NIA
$ 2,135,821 $ 1,961,381 s 2,500,018 $ 334,153 13% $ 2,500,018 $ 0%
90000 Project Expenditures
5200
5300
Operating Supplies
Contractual Ser.ices
$
596,630
$
255,232
• 490,000
s
2,655
N'A
1%
$
481,000 ' (9,000) -2% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
5700 Capital Owtlays NIA
598,830 s 255,232 $ 490,000 $ 2,655 1% s 481,000 s (9,000) -2%
3,445,485 s 3,431,108 $ 4,270,946 $ 500,922 12% s 4,261,946
Available Cash Balance - EOY $ 787~~ $ 1,445,721 S 527,865 $ 944,799 $ 1,499,775 $ 971,910
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget
Budgeted Capital Improvements
1st Quarter 3rd Quarter
Responsibility Original Budget Budget Budget Comments
Reforecast Reforecast
2001 PROJECTS
1.Q1 General fund
99015 City Hall Tuckpointing Al-Shat el $ 25,000 $ 32,000
90023 Police Department Parking Lot AI-Shatel 35,000 28,000 Favorable Bids
90012 Stormwater Management Mandates Kuhn 50,000 50,000
90024 Treasury Management Software Smith 35,000 35,000
99012 Geographic lnformatlon System (GIS) Maurer 25,000 25,000
99019 Restlawn Office Renovation (Phase I} Scott 75,000 75,000
245,000 245,000
;IQ,! Public Improvement fund
99020 Seaway-Hackley Industrial Park Property Acquisition Brubaker-Clarke 425,600 425,600
Fire Inspector's Car Simpson 25,000 24,284
Fire Chiefs Car Simpson 24,284
Hovercraft Simpson 25,000
N 475,600 474,168
"11
2.!12 Major Streets
90020 Barney, Valley to Roberts AJ-Shate! 300,000 300,000
99035 Sherman, Glenside to Lincoln A!-Shate) 850,000 850,000 $560,000 Grant
97036 Laketon, Wood to Peck A!-Shatel 350,000 350,000 $150,00C Grant
90011 Barclay, Sherman to Hackley A!-Shatel 600,000 600,000 $366,C0C Grant
90019 Division, Laketon to Southern (1535') A!-Shatel 200,000 8,000 Project Cancelled- Special Assessment Not Approved
96017 Shoreline Dr (incl Terrace Extension, Spring & Western) AI-Shatel 300,000 300,000
96059 Handlcap Sidewalk Ramps Al-Sh ate I 50,000 50,000
State's Job (US31 and Bridges/City Share) Al-Sh ate I 125,000 ProJects 90033/90036 (Below)
90036 M120- Over Muskegon River Al-Sh ate I 100,000
90033 Marquette Over US31 Al-Sh ate I 11,000
90021 Sixth, Houston to Muskegon AI-Shatel 85,000 Project Cancelled- Special Assessment Not Approved
90034 Houston, Sanford to First AI-Shalel 120,000 Replaces Sixth, Houston to Muskegon
98042 RR Crossing Removals AI-ShateJ 77,000 S36,0D0 Siate Grant Funding
99020 Seaway-Hackley Jndustrla! Al-Shatel 100,000 100,000 $70,000 EDA Grant
2,960,000 2,866,000
203 Local Streets
99048 Wlnsdor, Barcl;;:iy to Henry A!-Shatel 250,000 210,000
Unspecified Projects Al-Shatel 300,000
90015 Millard, Lake Dunes to West End A!-Shatel 13,000 Project Cancelled - Special Assessment Not Approved
90018 Nelson, Waton & Rogers Al-Shat el 210,000
99020 Seaway-Hackley Industrial A!-Shatel 100,000 100,000 $70,000 EDA Grant
98042 RR Crossing Removals A!-Shatel 69,000 $28,000 State Grant Funding
96059 Handicap Sidewalk Ramps Al-Shat el /;iOQQQ /;iQ QQQ
700,000 652,000
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget
Budgeted Capital Improvements
1st Quarter 3rd Quarter
Responsibility Original Budget Budget Budget Comments
Reforecast Reforecast
2001 PROJECTS
403 Sidewalks
96059 2001 Sldewalk Replacement Program AI-Shatel 850,000 850,000 Financed With Special Assessment Bonds
~ State Grants Fund
98080 Lakeshore Trail Phase lll (Consumers) Scott 455,000 455,000
99080 Lakeshore Trail Phase JV (Lakeshore Drive) Scott 400,000 400,000
99050 Campbell Park Renovation Scott 95,000 95,000
98022 Cole's Expansion Brubaker-Clarke 70,000 70,000
96096 Site Assessment Projects Brubaker-Clarke 265,000 265,000
99010 Clean Michigan Initiative {Amazon Building) Brubaker-Clarke 450,000 450,000
90014 Clean Michigan Initiative (feledyne Property) Brubaker-Clarke 800,000 800,000
2,535,000 2,535,000
N 590 s.-
'-ti 99035 Sherman, G!enslde to Llncoln Al-Shatel 10,000 10,000 $600,000 Grant
97036 Laketon, Wood to Peck Al-Shat el 10,000 10,000 $150,000 Grant
90011 Barclay, Sherman to Hackley . Al-Shale! 50,000 50,000
90019 Division, Laketon to Southern (1535') Al-Shale! 10,000 1,000 Project Cancelled - Special Assessment Not Approved
96017 Shoreline Dr (incl Terrace Extension, Spring & Western) Al-Shale! 100,000 100,000
Unspecified Projects AI-Shate! 50,000 50,000
90020 Industrial Park Liflstatlon Al-Shale! 150,000
90020 Barney Street Liflstation AI-Shatel 150,000
90025 Sanitary Sewer Jnvestlgation (under car dealership) Kuhn 50,000 50,000
99020 Seaway-Hackley lndustria! AI-Shatel 60,000 60,000
-
$46,000 EDA Grant
490,000 481,000
ill
97041 Water Filtration Plant Improvements Kuhn 2,815,810 2,815,810 Fin.anced With 1999 Water Improvement Bonds
90021 Barney, Valley to Roberts AI-Shatel 200,000 200,000
99035 Sherman, Gtenside to Lincoln Al-Shale! 10,000 70,000 $600,000 Grant
97036 Laketon, Wood to Peck Al-Sh ate! 10,000 5,000 5150,000 Grant
90019 Division, Laketon to Southern (1535') Al-Sh ate I 10,000 Project Cancelled - Special Assessment Not Approved
96017 Shoreline Dr (incl Terrace Extension, Spring & Western) AJ-Shatel 200,000 200,000
99048 Winsdor, Barclay to Henry AJ-Shatel 140,000 140,000
Unspecified Projects A!-Shatel 60,000
90035 Water Service Replacement~ CO. Forcemain Project Al-Shatel 50,000
90018 Nelson, Waton & Rogers AJ-Shatel 6,000
99020 Seaway-Hackley Industrial AI-Shatel 70,000 70,000 S54,000 EDA Grant
90026 Water Distribution Computer Modeling A!-Shatel 30,000 30,000
3,545,810 3,586,810
City of Muskegon
Quarterly Budget Reforecast and 2001 Proposed Budget
Budgeted Capital Improvements
1st Quarter 3rd Quarter
Responsibility Original Budget Budget Budget Comments
Reforecast Reforecast
2001 PROJECTS
~ Public Service Building
99040 Public Service Building Renovation Kuhn 130,000 130,000
.§.§1 Equi~ment fund
Patrol Car Replacements (6) Kuhn 129,000 129,000
Plow Truck Replacements (1} Kuhn 70,000 70,000
Sign Truck (1) Kuhn 25,000 25,000
Vactor Truck (1) Kuhn 175,000 175,000
Pickup Trucks 3/4 Ton (4) Kuhn 72,000 72,000
Box Paver (1) Kuhn 40,000 40,000
Loader721 (1) Kuhn 70,000 70,000
Backhoe Hoe 4x4 Replacement (1) Kuhn 40,000 40,000
Sunbird Cars (4) Kuhn 45,000
~ 80,000
45,000
Radios and Various Other Minor Equipment Kuhn 80,000
I:,
746,000 746,000
$ · 1D!Q?2.410 $ 9~§~,410 $
AGENDA ITEM NO. _ __
MUSKEGON CITY COMMISSION MEETING-April 24, 2001
To: Honorable Mayor an<tG~.·it Commissioners
From: Planning Department/ ·'3
Date: April 17, 2001 -~'
Subject: Street vacation
SUMMARY OF REQUEST
Request for vacation of Watson Ave., east of Nelson St.
FINANCIAL IMPACT
None
BUDGET ACTION REQUIRED
None
RECOMMENDATION
th
The Planning Commission recommended approval of the alley vacations at their April 12
meeting. The vote was unanimous.
RESOLUTION# 2001-48(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO VACATE PORTION OF A PUBLIC STREET
WHEREAS, the City received a petition to vacate and discontinue the following portion of
public street: -
Watson Ave., from the easterly line of Nelson St. to its terminus
WHEREAS, the Planning Commission held a public hearing on April 12, 2001, to consider the
petition, recommending vacation; and
WHEREAS, due notice was given of said hearing; and
WHEREAS, the City Commission met on the 24th day of April, 2001 to consider the
recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue said portion of street;
BE IT FURTHER RESOLVED that the City Commission does hereby declare said po1tion of
street be vacated and discontinued contingent, however, that 1) said vacation shall take effect
after the assessment roll has been spread, and 2) adequate fire access is maintained and this
action on the part of the City Commission shall not operate so as to conflict with the utility rights
heretofore acquired by the City or by any public service utility in the City of Muskegon,
operating in, over and upon said po1tion of street hereby vacated, and it is hereby expressly
declared that such rights shall remain in full force and effect.
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: None
By v~L ~
Fred J. Niel s~ ayor
.,..
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, o /higan, at a regular
meetingheldonApril24,2001 . ~~&.u.,.... $2-0
. Gail Kundinger, CMC/AAE ] .
Clerk, City of Muskegon
City c nuskegon
Planning Commission ~E
Cases #2001-12 & #2001-13 s
Muskegon Lake Channel "s-<.
1-.J\.°'o / = Subject Alley/Street
) If 1il~~
RODGERS AV
~
WATSON AV
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. SIMPSO/'{ AV '--------.
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400 0 400 800 Feet
~~~~;;;;.;;;~~~~~3mm_,,;,;..;;;;;;;;.,;;.;;;;~
AGENDA Item No.
MUSKEGON CITY COMMISSION MEETING - April 24, 2001
To:
From:
Date:
Planning Department
April 17, 2001
'v
Honorable Mayor andJ?!!
. ~y'yommissioners
Subject: Alley vacation
SUMMARY OF REQUEST
Request for vacation of both the n01th/south and the east/west alleys in Block 753 (bounded by
Beach St., Nelson St., Rodgers Ave., and Lake Ave.).
FINANCIAL IMPACT
None
BUDGET ACTION REQUIRED
None
RECOMMENDATION
The Planning Commission recommended approval of the alley vacations at their April 12th
meeting. The vote was unanimous.
RESOLUTION #2001-48 (c)
MUSKEGON CITY COMMISSION
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate both the north/south and the east/west alleys
in Block 753 (bounded by Beach St., Nelson St., Rodgers Ave., and Lake Ave, City of
Muskegon; and,
WHEREAS, the Planning Commission held a public tearing on April 12, 2001 to consider the
pe_tition and subsequently recommended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the April 24, 2001 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alleys;
BE IT FURTHER RESOLVED that the City Commission does hereby declare said alley vacated
and discontinued provided, however, that 1) said vacation shall take effect after the assessment
roll has been spread, and 2) this action on the part of the City Commission shall not operate so as
to conflict with fire access or the utility rights heretofore acquired by the City or by any public
service utility in the City of Muskegon, operating in, over and upon said portion of alley hereby
vacated, and it is hereby expressly declared that such rights shall remain in full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere
with the repair or maintenance of utilities in the easement, public or private."
Adopted this 24th day of April , 2001.
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweif'ler, Shepherd
Nays: None
Absent: None
2001-48(c)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on April
24, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 oftpe Public Acts of 1976.
CITY OF MUSKEGON
City of Muskegon
1
Planning Comnission
Cases #2001m12 & #2001-13 -<!r,
s
\
Muskegon Lake Channel
~ / = Subject Alley/Street
,0~ ~ / ,I
Pi I IC I/1, !'
I I
I I
I I
I I I
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) II
/
.
l:1
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SIMPSON AV
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l..ake-Mchigan
400 800 Feet
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400 0
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 4/24/01
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 16, 2001
RE: Muskegon County Gasoline Prices
SUMMARY OF REQUEST:
To approve a resolution to support Muskegon County's investigation into why gasoline prices
are more expensive than those of area counties.
FINANCIAL IMPACT:
Reduction in gasoline prices could save the City significant money.
,
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
This resolution was requested by the City Commission at their meeting of April 10, 2001.
O:COMMONIDEPTMENT\ADMIN\AGNDAFRM
JMS - O: (GASOLINE PRICES RESOLUTION)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2001-48 ( d)
A Resolution Supporting Muskegon County's Investigation
Into Gasoline Prices Compared to the Prices in Area Counties
WHEREAS, the County of Muskegon has expressed its concerns over the cost of gasoline in
Muskegon County compared to gasoline prices in area counties; and
WHEREAS, the County of Muskegon has announced their intent to investigate the causes for
the difference in gasoline prices; and
WHEREAS, the City of Muskegon is also concerned about the gasoline prices discrepancy.
THEREFORE, BE IT RESOLVED, that the City of Muskegon hereby supports the efforts of the
County of Muskegon in investigating the gasoline prices in Muskegon County.
BE IT FURTHER RESOLVED, that the City of Muskegon supports the County of Muskegon in
its efforts and ability to reduce gasoline prices in Muskegon County and generate
equity with area counties.
This resolution adopted:
AYES: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
NAYS: -~:,__
None ____________________________
CITY OF MUSKEG~N/ .
By ~ Q. \<,. ,_7
Gail A. Kundinger, City Cle
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
th
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 24 day of
April, 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 Michigan, 1976.
Gail A. Kundinger, City Cl k
Commission Meeting Date: April 24, 2001
Date: April4,2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CfJf.,,
RE: Condemnation of land for Lakeshore Bike Path {Waterfront
Centre property)
SUMMARY OF REQUEST:
Approval of resolution to initiate eminent domain (condemnation) proceedings against
Fifth/Third Bank for a parcel of land required for the construction of the Lakeshore Trail.
Fifth/Third has been offered $22,000.00 for the subject property, which was Qased
upon an independent appraisal. The condemnation would constitute a "partial take" of
the property, amounting to approximately 15,000 square feet. No response to this offer
has been received from Ffith/Third Bank.
FINANCIAL IMPACT:
$22,000.00 plus any jury verdict in excess of this amount, plus litigation costs. The
funds will come from the proceeds of the sale of the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of this request and for the Mayor and Clerk to sign the
Declaration of Taking and Resolution.
COMMITTEE RECOMMENDATION:
None.
4/4/2001
lac,of(iffsof I PARMENTER O'TOOLE
17 5 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866or728.2206
March 30, 2001
Ms. Cathy Brubaker-Clarke
City of Muskegon
P.O. Box 536
Muskegon,MI 49443-0536
Dear Cathy:
Enclosed please find the Resolution determining necessity and the Declaration of Taking for the
Waterfront Center Trail Property. You will see that there are several entities shown with an
interest as a result of the title work, and we are attempting to cover them all.
In this case the taxes owed on the entire property, being for two tax years, far exceed the amount
of just compensation, and therefore we must figure a way for the assessor to separate out the trail
property once the declaration of taking is recorded (after we start the lawsuit), so that we can
obtain this property free and clear of any tax liens. That process may proceed as we go, and
therefor !vrecommend that you present these documents for adoption by the city commission at
th arlies possible time.
I
2 t r u y ·ours,
. Thomas ohnson
. Direct Dia . 231/722-5400
E-mail: j@parmenterlaw.com
GTJ:mmf
Enclosures
c: Gail A. Kundinger (w/encls) /
Bryon Mazade (]tr only)
G. Thomas Johnson John C Schrier Keith L. McEvoy ryr:tm11.1d lfrtirnl Paul T. Sorenson, 1920-1966
George D. Van Epps ,I Christopher L. Kelly Anno K. Urick Thomas J. O'Toole Robert L. Forsythe George A. Parmenter, 1903-1993
John M. Briggs, Ill Linda S. Koare Scott R. Sewick Eric J. Fauri 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 James R. Scheuerle
G:\EOS!\FILES\00100\105817\L TR\9F2815.DOC
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2001-48 ( e)
A resolution determining the necessity to acquire land for public purposes by eminent
domain, for the City's non-motorized vehicle and pedestrian path adjacent to Waterfront
Center.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon is presently engaged in developing and acquiring a property
located in Block 574 of the Revised Plat of 1903 of the City of Muskegon for the purpose
of constructing a non-motorized vehicle and pedestrian path.
2. It appears that it is necessary to begin eminent domain proceedings because of the status
and results of negotiations that have been carried on by the City.
3. The establishment of the said improvements at the said location will be advantageous to
the development of the recreational, transportation and pedestrian needs and development
of the City of Muskegon, and it is in the best interests of the City to establish the said
improvements. Plans have been prepared and developed to sufficiently indicate the
location of the improvements and their effect on the land to be acquired.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. The City Commission hereby declares and determines that it is in the public interest and
constitutes a public purpose to acquire the property set forth in Schedule A attached to
this resolution for the purpose of acquiring sufficient land to construct the non-motorized
vehicle and pedestrian path.
2. The City Commission further declares and determines that it is necessruy to construct the
said improvements in Block 574 of the Revised Plat of the City of Muskegon, and the
said improvements ru·e necessary for the use and benefit of the public.
3. It is further declared and determined that it is necessary to acquire and take the fee simple
estate in real property, fully described in Schedule A, without the consent of the owners
thereof, for the purpose of constructing the said improvements. The said described parcel
is necessary for the use and benefit of the public and a good faith written offer to
purchase said parcel has been made. The City Attorney is directed to institute
condemnation proceedings against the owners and any other parties in interest in the said
described parcel that has been deemed necessary for the acquisition and construction of
the said improvements.
G:\EDS IIFILES\001001105817\RESOLUT\9F2670.DOC
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Declaration of Taking in the form attached to this resolution.
This resolution passed.
Ayes As l akson, Benedict, Nielsen, Schweifler, Shep herd , Sieradzki, Spataro
Nays None
BY-1..:::::..::::==--:~!'......J.~~~~ "'""'
Gail A. Kundinger, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
April 24 , 2001. The meeting was properly held and noticed pursuant to the Open
Meetings Ac! of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSK.EGL
By ~o
Gail A. Kundinger, City Clerk
~
d
G:\EDSI\FILES\00100\105817\RESOLUT\9F2670. DOC
SCHEDULE A
Legal Description and Map
G:\EDSI\FILES\00100\ 105817\RESOLUT\9F2670. DOC
LEGAL DESCRIPTION OF TAKING
Description of property for a proposed Bike Path across property
owned by Waterfront Center. (Parcel !.D. 61-10-25-200-004)
That part of Block 574 of the ftevised Plat of 1903 of the
City of Muskegon, described as conwencing at the
Southeast corner of said Block 57 4; thence North 88
degrees 13 minutes 54 seconds West 270,33 feet to a point
on the North right-of-way line of Western Avenue; thence
North 83 degrees 55 minutes 00 seconds West along said
North right-of-way line 456. 97 feet; thence North 01
degree 31 lftinutes 44 seconds Nest 470. 34 feet to the
point of beqinning; thence North 46 degrees 32 minutes 44
seconds West 257 .11 feet; thence South 88 degrees 27
minutes 16 seconds West 684.39 feet; thence North 01
degrees 31 minutes 44 seconds West 16.00 feet; thence
North 88 degrees 27 minutes 26 seconds East 691.04 feet;
thence South 46 degrees 32 minutes 44 seconds East 247.70
feet; thence South 01 degree 31 minutes 44 seconds East
22.62 feet to the point of beginning.
SURVEY SKETCH
\
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\\ HARTSHORN MARINA PROPERTY
l?>I -10-l!I- 200-006
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16' WIOE STRIP
FOR 81KE PATH
MOl•Jl' ""l"V
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Jr'A TERFRIJNT CENTER PROPER TY
~-- - - - ~ - - - - - - - - - - - - ~I ~ - - - - -- - - - -- ---- - -
I
I
I
City of Muskegon
Muskegon County, Michigan
DECLARATION OF TAKING
2001-48(e)
WATERFRONT CENTER TRAIL PROPERTY
Land located in Block 574 City of Muskegon.
A statement of necessity has been made by the City Commission of the City of Muskegon setting
forth that the construction of a non-motorized vehicle and pedestrian path is necessary. As a
result, it is necessary to acquire certain property for said purpose, and a good faith written offer
to purchase said parcels of property has heretofore been made.
Therefore, by virtue of the authority vested in the City of Muskegon by the Home Rule Act of
the State of Michigan, MCL 117.4e, and the laws and constitution of the State, and pursuant to
1980 PA 87, MCLA 213.51, MSA 8.265(1), it is now declared that by the filing of the Complaint
and this Declaration in the Circuit Court for the County of Muskegon, title to the property
hereinafter described is taken in the name of the City of Muskegon for the purpose of
constructing a non-motorized vehicle and pedestrian path.
A description of the property taken sufficient for its identification, the names of the persons
interested in said property so far as known, a statement of the estate or interest being taken, and
statement of the sum of money estimated by complainant to be just compensation for the part to
be taken is as follows:
Legal Description
See attached Schedule A
Estate to be acquired: Fee Simple
Owner and other persons interested in the property:
Fifth Third Bank, f/k/a AmeriBank, a Michigan corporation
AmeriBank, a Michigan corporation
United Riggers & Erectors Co., Inc., a Michigan corporation
Asphalt Paving, Inc.
Verplank Trucking Co., a Michigan corporation
DePree Electric Co., a Michigan corporation
Estimated Just Compensation: $22,000.00
CITY OF MUSKEGON
Dated: April 24, 2001
G:\edsi\Files\00100\105817\MISC\9F2679.O0C
SCHEDULE A
Legal Description and Map
G:\COMMON\5\GT J\C-TRAIL\WATRFRT\WATERFRONT TAKING RESOL.DOC
LEGAL DESCRIPTION OF TAKING
Description of property for a proposed Bike Path aeross property
owned by Waterfront Center. (Parcel I.D. 61-10-25-200-004)
That part of Block 574 of the Revised Plat of 1903 of the
City of Muskegon, described as connencing at the
Southeast corner of said Block 57 4; thence Korth 88
degrees 13 minutes 54 seconds West 270, 33 fee"t to a point
on the North right-of-way line of Western Avenue; thence
North 83 degrees 55 minutes 00 seconds West along said
Korth right-of-way 1 ine 456. 97 feet; thence llorth 01
degree 31 minutes 44 aeconds \lfeat 470. 34 feet to the
point of beginning; thence North 46 degrees 32 minutes 4 •
seconds West 257 .11 feet; thence South 88 degrees 27
minutes 16 seconds West 684.39 feet; thence North OJ
degrees 31 Minutes 44 seconds West 16.00 feet; thence
North 88 degrees 27 minutes 26 seconds East 691,04 feet;
thence South 46 degrees 32 minutes 44 seconds East 247.70
feet; thence South 01 degree 31 minute5 44 5econds East
22.62 feet to the point of beginning.
SURVEY SKETCH
\
\ Mf.JSK£60N LAKE
HARTSHORN MARINA PROPERT'r'
-··-··----'---··· -- --------... ...
«1-10-~-zoo-ooe
16' WIOf.: STRIP
fOR ill<E PATH
~--- - - - - - - - - - - - - - - - - - iI r----------
I
I
I
law offices of PARMENTER O'TOOLE
17 5 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866ar728.2206
August 6, 2001
Ms. Ms. Gail A. Kundinger
City Clerk
City Hall
Muskegon, MI
Re: City of Muskegon v Fifth Third Bank, et al
Case No. 01-40889-CC
Dear Gail:
Enclosed for the City's files is the recorded original ofmy Affidavit dated July 26, 2001,with
regard to the captioned matter.
Yours truly,
A ,~~ c111-~l_
G. Thomas Johnson ?J' ~
Direct Dial: 231.722-5400
Fax: 231.728-2206
Internet Address: gtj@parmenterlaw.com
GTJ/mh
Enclosure
cc: Mr. Richard L. Scott
Mr. J. Scott Timmer
G. Thomas Johnson John C. Schrier Keith l. McEvoy Of Co1111sel Retired Poul T. Sorenson, 1920-1966
George 0. Von Epps Christopher l. Kelly Anno K. Urick Thomas J. O'Tao!e Robert L. Forsythe George A. Parmenter, 1903-1993
John M. Briggs, !II Undo 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. Brad Groom Jomes R. Scheuerle
G:\EDSI\FILES\00100\1 05817\LTR\9O2218.DOC
UHER 3 2 3 q~4Uf b OI
STATE OF MICH;rAN
COUNT'! OF MU\,,·IC;C:N
Rt.CEtVED FOR r{,J.+D
STATE OF MICHIGAN
ZOO\ JUL 27 PM 3: 52
IN THE CIRCUIT COURT FOR THE COUNTY Of MUSKEGu}{,,,..., ,
,-,1,Jtj / :'r../- . l/R
// J!M.e.,./ / atfc/:tu'r.,
In the Matter of the Complaint and Petition by the City of REGISTER 'OF DEEDS
Muskegon to Condemn private property for public
purposes in the County of Muskegon, Michigan
CITY OF MUSKEGON,
a Michigan Municipal Corporation, File No. 01 - 40889-CC
Plaintiff, Hon. James M. Graves, Jr.
Circuit Judge
v.
HeREBY CER.TIFY !11is lo be a true
and correc! ocµ,y of !he orlglool on file
FIFTH THIRD BANK, f/k/a AMERIBANK,
AMERIBANK, a Michigan Corporation,
UNITED RIGGERS & ERECTORS CO.,
VERPLANK TRUCKING CO., ASPHALT
r
1
N!"ih th@ oiflcs of COUNrr CLERK.
T!'iis Cerllftoo Cc,p-y VALID
Only Whm1 SEAL tll'ld RED
SIGNATliFW:: Are Afilm,d. -
'
j
f,
1
1
PAVING, INC., DEPREE ELECTRIC CO., H
I tf,,,,; ./·:, , ,.
✓ ~,A~~,,~?J
all Michigan corporations i ~~✓-J"7l, , ., • tt.~V ~-,,, j·
I..____MUSKEGOM COUNTY CLER!( .
..
Defendants.
Attorneys for Plaintiff Attorneys for Defendant
G. Thomas Johnson (P-15523) Great Lakes Dock & Materials, LLC
Parmenter O'Toole J. Scott Timmer (P-31855)
175 W. Apple Avenue Lague, Newman & Irish
P.O. Box 786 600 Terrace Plaza
Muskegon,MI49443-0786 P. 0. Box 389
Telephone: 231/722-1621 Muskegon, MI 49443-0389
Telephone: 231/725-8148
AFFIDAVIT OF G. THOMAS JOHNSON
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I, G. Thomas Johnson, of the Law Firm of Parmenter O'Toole, attorneys for Plaintiff,
City of Muskegon, state that:
G:\EDSI\FILES\00100\ 105817\AFF\9N 1297.DOC
,,,t._ ___ tJ
UBER 3 2 3 qPKUE b O2
1. Resolution 2001-48( e), determining the necessity to acquire land for public
purposes by emiuent domain for the City of Muskegon's non-motorized vehicle and pedestrian
path adjacent to Waterfront Center was adopted by the City Commission on April 24, 2001, and
is attached hereto as Exhibit A.
2. A Declaration of Taking, whereby the City of Muskegon acquired the land
necessary for said non-motorized vehicle and pedestrian path, was also adopted and approved by
the City Commission on April 24, 200 I, and is attached hereto as Exhibit B. It covers the
following described premises:
That part of Block 574 of the Revised Plat of 1903 of the City of Muskegon,
described as commencing at the Southeast comer of said Block 574, thence North
88 degrees 13 minutes 54 seconds West 270.33 feet to a point on the North right-
of-way line of Western Avenue; thence North 83 degrees 55 minutes 00 seconds
West along said North right-of-way line 456.97 feet; thence North 01 degrees 31
minutes 44 seconds West 470.34 feet to the point of beginning; thence North 46
degrees 32 minutes 44 seconds West 257.11 feet; thence South 88 degrees 27
minutes 16 seconds West 684.39 feet; thence North 01 degrees 31 minutes 44
seconds West 16.00 feet; thence North 88 degrees 27 minutes 26 seconds East
691.04 feet; thence South 46 degrees 32 minutes 44 seconds East 247.70 feet;
thence South 01 degrees 31 minutes 44 seconds East 22.62 feet to the point of
beginning, City of Muskegon, Muskegon County, Michigan. (Parcel I.D. 61-10-
25-200-004)
3. On June 1, 2001, a Complaint was filed with the Muskegon County Circuit Court
(Case No. 01-40889-CC) for the condemnation and taking of the land described in the attached
Exhibit B.
4. Attached as Exhibit C is a copy of the Summons issued in the captioned matter on
June 1, 200 I.
5. The title of the said land, taken by the City, passed to the City of Muskegon on
June 1, 2001, the date that the suit which is the sub· ct oft · Affidavit was filed.
Further, affiant saith not.
l I :-HEREBY CERTIFY lhis to be a irne .
Subscribed and sworn to before me and corr.sci ocpy o! lha mlginal on Ille
this d& 9½ day of July, 2001. with ihe offi-!~e of COUNn1 CLERI(.
TMs CarUfleci Cnpy VALID
On!y VVh0n SE:AL and RED
SIGNATUl'lE Arn illiixed.
, Notary Public, Muskegon Co., MI
·ssion expires: 09/23/03
G:IEDSIIFILESIC010011058171AFF\9N1297.DOC
UBfRJZJqplfiFb03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTIONNO. 2001-48(e)
A resolution determining the necessity to acquire land for public purposes by eminent
domain, for the City's non-motorized vehicle and pedestrian path adjacent to Waterfront
Center.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon is presently engaged in developing and acquiring a property
located in Block 574 of the Revised Plat of 1903 of the City of Muskegon for the purpose
of constructing a non-motorized vehicle and pedestrian path.
2. It appears that it is necessary to begin eminent domain proceedings because of the status
and results of negotiations that have been carried on by the City.
3. The establishment of the said improvements at the said location will be advantageous to
the development of the recreational, transportation and pedestrian needs and development
of the City of Muskegon, and it is in the best interests of the City to establish the said
improvements. Plans have been prepared and developed to sufficiently indicate the
location of the improvements and their effect on the land to be acquired.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. The City Commission hereby declares and determines that it is in the public interest and
constitutes a public purpose to acquire the property set forth in Schedule A attached to
this resolution for the purpose of acquiring sufficient lan:d to construct the non-motorized
vehicle and pedestrian path.
2. The City Commission further declares and determines that it is necessary to construct the
said improvements in Block 574 of the Revised Plat of the City of Muskegon, and the
said improvements are necessary for the use and benefit of the public.
~
.) . It is further declared and determined that it is necessary to acquir1: n ·
1
estate in real property, fully described in Schedule A, without the\t<1Ms8iwlff~e,~Jf.~s 10 . bol 0\ r1~:
. . . ~nd -'<9l1>ff<l CU!i!'L Ql Iha ongina
thereof, for the purpose of constructmg the said improvements. i~·t1i'\"1i'e'll1~ft1e''IF.'cf2!1JAt;iv CLERK.
is necessar~ for the use and benefit of the p~blic and a g~od _faith rri~elil~f~ei;i~l'.;;1}-;~py \\;-~
purchase said parcel has been made. The City Attorney is d!fecteti to 1nstitiife_(•~-n ~c.A_~ ·~7,'.' "·
l£ 9
conde!flilation proceedings against the owners and any other parti~s in Rt\'@f'ifgf fh~\~af~::·md. I
descri~ed parcel that has been deemed necessary for the acquisitiqn andjbnstruc1!i\lo/lf/ ),~ d'. ,r!; I
the said improvements. \_ ~ii&X?l i') · ~;;, ;£ · I' j
l ·\,1l 1~KEGON COLli..ffY CLER!<
,J..., ·------
G:IEDSIIFILES\00100\105817\RESOLUT\9F2670.DOC •'/ J
. --
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Declaration of Taking in the form attached to this resolution.
This resolution passed.
Ayes_----'-'A"-s-'-1a"-'k-'--'s'-"o'-'-n'-' ----"B-"e-'-'n-=-e-=-d_,_ic"-t"-'-,'"'N~i-"e'--'1-"s-=-e,.,.n.,_,-'S"-'c'-'h-'-'w,. ,e'--'i'"'f'"'l_,,e_,_r_,_.---"-Shcce,,..p'-'h,..,e~r~d4 .~S_,_ie~r~a~d~z~k,._,i_,,~S.,p,.a_,.t,.._a'-'ro"--
Nays_~No~n_e~------------------------------
CITY OF MUSKEGON
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
Apri 1 24 , 2001. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By_f'.~~::...2'.D~.c.....!_~~~~
Gail A. Kundinger, City Clerk
G:IEDSI\FILES\00100\ 105817\RESOLU1\9F2670. DOC
UBER 3 2 3 qPKUf b O5
SCHEDULE A
Legal Description and Map
Description of property for a proposed Bike Path across property
owned by Waterfront Center. (Parcel I.O. 61-10-25-200-00 •)
That part of Block 574 of the ~•vised Plat of 1903 of the
City of Huske9"on, described as cotinencing at the
Southeast corner of said Block 574; thence Korth 88
de9"reea 13 minutes 54 second• West 270. 33 feet to a point ·
on the North right-of-way line of Western Avenue; thence
North 83 d99rees 55 minutes 00 seconds West along said
North right-of-way 1 ine 456. 97 feet; thence Korth Ol
degree 31 fflinutea 44 seconds West 470. 34 feet to the
point of beginning; thence North 46 degrees 32 minutes ••
seconds West 257 .11 feet; thence South 88 degrees 27
minutes 16 seconds West 684.39 feet; thence North 01
de9"ree11 31 minutes 44 seconds West 16.00 feet; thence
North 88 degrees 27 minutes 26 seconds East 691.04 feet;
thence l!louth 46 de,.rees 32 minutes 4 • seconds East 2'47. 70
feet; thence South 01 degree 31 minutes 44 5econds East
22.62 feet to the point of beginning.
, •Lc>Gl'DILiTv.
1l'L' [:'::1'1\()i . I ' ' o.u.E
.
10 POOH ORIGINAL
r
'
t/HfR3 :Z 3 qPAflf b Db
SURVEY SKETCH
\
\ MVSKE<iON LAKE
\
(_ · · ~ · · · - - · . """-··· - ... -----------
HARTSHORN MARINA PROP£Rrr
61-10-~-200-006
·~.
f'. 0 .11 .
.VA T£RAUNT Cl:NTER PRC.Pe'RTY
61-10-Z::S..ZQO-o:H;
/f'ESTEIW AVE. i
---------- ---------7I~ ~
~-
I -----------
I <;; I
I I
HF0 3 ...,/ _,i qp;oc
ll--H 1 fl l
,NOL o· ""' ,
City of Muskegon
Muskegon County, Michigan
DECLARATION OF TAKING
2001-48(e)
WATERFRONT CENTER TRAIL PROPERTY
Land located in Block 574 City of Muskegon.
A statement of necessity has been made by the City Commission of the City of Muskegon setting
forth that the construction of a non-motorized vehicle and pedestrian path is necessary. As a
result, it is necessary to acquire certain property for said purpose, and a good faith written offer
to purchase said parcels of property has heretofore been made.
Therefore, by virtue of the authority vested in the City of Muskegon by the Home Rule Act of
the State of Michigan, MCL l l 7.4e, and the laws and constitution of the State, and pursuant to
1980 PA 87, MCLA 213.51, MSA 8.265(1), it is now declared that by the filing of the Complaint
and this Declaration in the Circuit Court for the County of Muskegon, title to the property
hereinafter described is taken in the name of the City of Muskegon for the purpose of
constructing a non-motorized vehicle and pedestrian path.
A description of the property taken sufficient for its identification, the names of the persons
interested in said property so far as known, a statement of the estate or interest being taken, and
statement of the sum of money estimated by complainant to be just compensation for the part to
be taken is as follows:
Legal Description
See attached Schedule A
Estate to be acquired: Fee Simple
I HEP.-£8Y CERTIFY !his lo be ffi true
and correct oo11y of !he original on !ile
with ttrcl ofiice o·f COUNTY CLERK.
Ii
1hi-o Certified Copy \!AUD
Owner and other persons interested in the property: Only Wi1en SEAL and RED
SIGNATURE Ar-~., Affoi;ect.
Fifth Third Bank, f/k/a AmeriBank, a Michigan corporation
AmeriBank, a Michigan corporation
United Riggers & Erectors Co., Inc., a Michigan corporation
Asphalt Paving, Inc.
Verplank Trucking Co., a Michigan corporation
DePree Electric Co., a Michigan corporation
Estimated Just Compensation: $22,000.00
CITY OF MUSKEGON
Dated: April 24, 2001 By /1-+-~' Lf4, e-.r)
Fred l N i e l s M a y ~
~~A~gCityCl~k d
G:\edsi\Flles\001 00\105817\MISC\9F2679. DOC
t!RFD]
~ u_l\ 2 -:i n n,~r
· .) , h flv 0o
rnur ,_,
CERTIFICATION
2001-48(e)
Attached is a true copy of the Declaration of Taking that was adopted at a regular
meeting of the City Commission, held on April 24, 2001. The meeting was properly held
and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the
Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, City C rk
-H!::P.'-EBY CERTIFY this to be a irue
r;(! corrsct oopy of the ortgim:sl on file '
~
~witl'1 th::1 0Mc0 of COUNTY CLERK
Thls C0rm10-rJ Cop}' VALiD ,
Only V\fhen SEAL ;:.md HCD ,
SIGMATUF!E Are Affixed.
UBER3 2 3 9Ptllf b OG
SCHEDULE A
Legal Description and Map
Description of property for a proposed Bike Path across property
owned by Waterfront Center. (Parcel I.D. 61-10-25-200-004)
That part of Block 574 of the ftevised Plat of 1903 of th~
City of Muskegon, described as comencing at the
Southeast corner of said Block 574; thence !forth 88
degrees 13 minutes 54 seconds West 270. 33 fee·t to a point
on the !forth right-of-way line of Western Avenue; thence
North 83 d99rees 55 minutes 00 seconds Heat along said
!forth right-of-way line 456.97 feet; thence North 01
degree 31 minutes 44 seconds Heat 470.3 feet to the •
•
point of beginning; thence !forth 6 degrees 32 minutes -4 •
seconds West 257 .ll feet; thence South 88 degrees 27
minutes 16 seconds West t'i8'4. 39 ·feet; thence North Ol
degrees 31 minutes •"4 seconds West 16.00 feet; th,mce
North 88 degrees 27 minutes 26 seconds East 691.04 feet;
•
thence South 6 degrees 32 minutes 44 seconds East 247. 70
feet; thence South 01 degree 31 minutes 44 seconds East
22.62 feet to the point of beginning.
CERTIFY lhis io 00 ~ 'ru•
1~.::8Y
~~~~rrect
,:. •
~ . ~'1
~ , 1." f ,he or,g/naJ on fi!a ,
1
' ~7
wrth tne
..,.. toffh'}e Of COUi\rrv• c1 1::·o•,--
I .._ iH ,
1 ,.,,;; ;:;~rtlfiv<J Copy \/AUD
i LL \E Gi iB I L!TY DLil E Only \IV:1en GEAL artd HED
'-'IGN"'
"" 'C'J"'"'
• r\' , r.ff1.xed.
t 1--n::: r.r.3 , ·
TCJ pflOR ORlGiMAL
G:\COMMON\5\GT J\C-TRAIL\WA TRFRnWATERFRONT TAKING RESOL.DOC
, D
SURVEY SKETCH
\
\ MI./SKEGON LAKE
HA/ffSHORN MARINA PROPERTY
11.10-2'-200-ooo
I 16' WIOE STRIP
I FOR 111(.£ PATH
I
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I
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I f'. O. II. 11<-:-"'
I '••,"-
I I '•,:--
I 1
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I'"'
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"I-.. --------------
------ ---- ------
.-CST MIC11IGAN STEEL PR01'£R::--- ......__ ------
61-10-2~-200-001
r---=--=--=-
I - --,.._
- ,-.._---..-,.__ _--l../' .
--I-_ -J.--..---
1. ¼--------.. ;---..-,.__
. V \ .__--.. ""..1c,:;y,.-:-- ---.
I -- --~lv'K - - -
I ______________ _:=---=:-_-Ji_ __
----------
~------- --7
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UBER 3 2 3 9 PABE b
Original - Court 2nd copy - Plaintiff
1st copy - Defendant 3rd copy - Return
:o,;TATE OF MICHIGAN CASE NO.
JUDICIAL DISTRICT
14TH JUDICIAL CIRCUIT
COUNTY PROBATE
SUMMONS AND COMPLAINT
01-forrcr. -cc
:ourtaddress 990 Terrace St., Muskegon, MI 49442 Court telephone no.
(231) 724-6333
ainliff name(s), address(es), and telephone no(s). Defendant name(s), address(es), and telephone no(s).
ITY OF MUSKEGON, v· FIFTH THIRD BANK, f/k/a AMERIBANK,
Michigan Municipal Corpora,tion, AMERIBANK, UNITED RIGGERS &
ERECTORS CO., VERPLANK TRUCKING
CO. , ASPHALT PAVING, INC. , and DE
PREE ELECTRIC CO., all Michigan
,aintiff attorney, bar no., address, and telephone no . Corporations,
. Thomas Johnson (P15523)
armenter O'Toole Serve On:
75 W. Apple Ave. Fifth Third Bank
uskegon, MI 49443-0786 THIS CASE ASSIGNED TO
231) 722-1621
RIETTI
UM MONS! NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:
You are being sued.
YOU HAVE 21 DAYS after receiving this summons to file an answer with the court and serve a copy on the other party or to take
other lawful action (28 days if you were served by mail or you were served outside this state).
, If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded
in the complaint
s$ued f This summons expires
It?'-- -0 r-:3/-o/
his summons is invalid unless served on or before its expiration date.
:>MPLAINT I Instruction: The fol/owing is information that Is required to be in the caption of every complaint and is to be completed
'the plaint/fl Actual a/legations and the claim for relief must be stated on additional complaint pages and attached to this form.
,mily Division Cases
There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family
members of the parties.
An action within the jurisdiction of the family division of the circuit court involving the family or family members of the parties
has been previously filed in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ court.
-e action D remains D is no longer pending. The docket number and the judge assigned to the action are:
ocket no. IJudge Bar no.
neral Civil Cases
There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complai~t/
A civil'action between these parties or other parties arising out of the transaction or occurrence alleged in the complainthas
been previously filed in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Court. '
e action D remains Dis no longer pending. The docket number and t~~~g~~.fil~.~d to the actio~;are:
:NUE
aintiff(s) residence (include city, township, or village)
1ske on Count Michi an
1ce where action arose or business conducted
eclare that the complaint information above and attached is true71·1ht bes .,rlfi@~~~~i1~~:~ii'c1 b.rief.
(( - I - C' I ...· ' \ (\"{,l,i / ',.V ____j
, . Signature of attorn~y/plainliff G. Thomas Johnson ( P15523)
/
::iu require special accommodations to use the court because of disabilities, contact
,. the court immediately to make arrangements.
01 (9/98) SUMMONS AND COMPLAINT MCR 2.102(8)(1 1), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a), (b), MCR 3.206(A)
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO:
FROM:
DATE: April 18, 2001
SUBJ: Request for Permission to Apply for 2 FEMA Grants for Fire
Protection
SUMMARY OF REQUEST:
The Fire Department is requesting City Connnission permission to apply for 2 FEMA
grants for fire protection for the City of Muskegon
FINANCIAL IMPACT:
$70,000 from Public Improvement Fund
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION
Staff recommends approval of grant applications to FEMA for a fire training tower and
rescue boat.
COMMITTEE RECOMMENDATION:
April 18, 2001
Honorable Mayor and City Commission
Through the City Manager
Dear Mayor and Co111111issioners:
I am requesting permission to apply for 2 FEMA grants for fire protection for the City of
Muskegon.
The first application is for $500,000 for a four-story fire training and bum tower. This
tower would provide firefighters the ability to train using live bums, do high angle rescue
work, and practice various training evolutions in a fully certified strncture.
The second application is for $200,000 for a Zodiak 25' rescue boat with fire pump and
jet drive. This boat will permit firefighters to handle shipboard fires and rescue and dive
platfom1 functions in drowning and near drowning emergencies.
In each grant our cost would be 10% of the total grant, or $50,000 for the tower and
$20,000 for the rescue boat.
esp ctfully,
Patrick Si'--m,.-p,(...so£-n<A.,
Fire Chief
~
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