City Commission Packet Archive 04-24-2001

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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
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                                                                                         INSURER D:
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    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
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                                                                                                                                PERSONAL & ADV INJURY
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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
                                                                ;R
                                                             I (/lJ/4
                                                                             }
                                                                       Jf'.( / ✓
                                                                                      o'-1½
                                                                                 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(:,
   -:S-o~,.,. 1-<'.rvk'.cws)( i

                                                SELLER:


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                                                                                          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___
       1
       1
              ~~      !- 7- , - / I;',, ✓
         !1. · · · " I// <t:~ c'?; ·
       "~, I! /20' ' ' ½ "', , ,. , " ./1f
           ''   . ·.
                       ',iv
                        0      .   '   .   .. .    '        ',, /




ti
,~             ~II .·1··",";. . . I;I ,
                       i.
                              I
£ s (·; . . "'"•.,, .· •. I J •,,, ',
                                                       I,           '   /




ai~   • l!/J('                    . .
ii
i:J~   I .. · . . ·           •. '·~----_-_------=-=-~
                                                   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 . ···.·..
                                                                    ..

                                                                            :~




                     ,.




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




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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



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                                                    400                                      800 Feet
                                                                                                                                                                            r::
           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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                                           \                      A<(JSK£GON   I.AK£




 ,\
                                                  \
 ',   \                                                <-....
      \\                                                        ··~   - · ·-···"-··· - · · · ~
          \\           HARTSHORN       MARINA   PROPERTY
                               l?>I -10-l!I- 200-006
           \\
            ' \\

              ',,~;:::::::;::=========~"·;·;•2~7~•,:··~·~''~';·';';:'========7==~
                             HOl•:31'-M-"\ol
                                Hi.00'
                                                                                       16' WIOE STRIP
                                                                                       FOR   81KE PATH




                                                                                                                   MOl•Jl' ""l"V
                                                                                                                     :u .a:i. ·
                                                                                                                              I'.   o. 8.
                                                                           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
                 I                                                                                                                 ·,,.
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                I'"'
                 "'       -----
                       "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
                                                                                   I
                                                                                   I
                                                                                   I
                                                                         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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