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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 8, 2000
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL MEETING TO ORDER:
:i PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• PRESENTATION:
• HONORS ANO AWARDS:
• CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a, Approval of Minutes. CITY CLERK
b, Terminate Easements (Terrace Lots). CITY ATTORNEY
c. FIRST READING - Seat Belt Ordinance. CITY CLERK
d. 2000-2001 Rock Salt Offer. PUBLIC WORKS
e. Lighthouse Park. LEISURE SERVICES
f. Request for permission to donate Engine #21 to Ahmeek Fire
Department. FIRE
g. Video Taping of City Commission Meetings. ASSISTANT CITY
MANAGER
h. Purchase of 423 W. Delano St. {Seaway Industrial Pork). PLANNING
& ECONOMIC DEVELOPMENT
I. Sale of Vacant Non-Bulldable Lot in Marquette. PLANNING &
ECONOMIC DEVELOPMENT
j. Sale of Vacant Non-Bulldable Lot in Nelson. PLANNING &
ECONOMIC DEVELOPMENT
k. Sale of Vacant Buildable Lot in Marquette. PLANNING &
ECONOMIC DEVELOPMENT
I. Consideration of Bids - ESCO Watermain. E. End of Barney to C.E.
Easement. ENGINEERING
m. Renaissance Zone Policy. PLANNING & ECONOMIC DEVELOPMENT
n. CDBG - Citizens District Council. LEGISLATIVE POLICY COMMITTEE
• PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District
- Harwoods. Inc. PLANNING & ECONOMIC DEVELOPMENT
b. Request for an Industrial Development Certificate - Harwoods, Inc.
PLANNING & ECONOMIC DEVELOPMENT
c. Request for an Industrial Development Certificate - American Coil
Spring. PLANNING & ECONOMIC DEVELOPMENT
d. Spreading of the Special Assessment Roll Sidewalk Replacement
Program for 1999 (Area W3). ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Concurrence with Housing Board of Appeals Finding and Order for
1212 Jefferson. (From July 11, 2000 meeting). INSPECTIONS
DEPARTMENT
• NEW BUSINESS:
a. Brownfield Redevelopment Plan - Fee Amendment. PLANNING &
ECONOMIC DEVELOPMENT
b. Arena Contract Changes. LEISURE SERVICES
c. Police Department Grant. POLICE
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed 1O 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 1WENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: August 1, 2000
To: Honorable Mayor and City Commission
From: Gail A. Kundinger, City Clerk
RE: Minutes
SUMMARY OF REQUEST: To approve the minutes of the regular city
commission meeting held on July 25, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: No recommendatlon.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 8, 2000
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 5:30 p.m., Tuesday, August 8,
2000.
Mayor Nielsen opened the meeting by introducing Reverend Fred Halde, First
Presbyterian Church in Glenside. Reverend Halde offered the opening prayer
after which members of the City Commission and the members of the public
joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John
Aslakson, Robert Schweifler, Clara Shepherd, Lawrence Spataro
Absent: None
Tardy: Commissioner Jone Wortelboer Benedict (arrived at 6:00 p.m.)
2000-076 CONSENT AGENDA: Items listed under the Consent Agenda have
been considered to be routine in nature and will be enacted in one
motion. No separate discussion will be held on these items. If dis-
cussion of an item is required, it will be removed from the Consent
Agenda and be considered separately.
a. Approval of Minutes.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular City Commis-
sion Meeting held on July 25, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
d. 2000-2001 Rock Salt Offer.
PUBLIC WORKS
SUMMARY OF REQUEST: Current rock salt vendor, Morton Salt, has offered to
extend price of $26.00/ton delivered through April 15, 2001. Request accep-
tance of offer.
FINANCIAL IMPACT: $54,393, based on 2092.03 tons purchased at same price
during 1999/2000 winter.
BUDGET ACTION REQUIRED: None, funds provided in highway budgets.
STAFF RECOMMENDATION: Accept offer.
h. Purchase of 423 W. Delano St. (Seaway Industrial Park).
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 423 W. Delano
Street pursuant to the City of Muskegon goal of creating the Seaway Industrial
Park. This request is pursuant to a purchase agreement signed by Mr. John Lar-
son, 423 W. Delano Street, Muskegon, Michigan on July 18, 2000. The purchase
price is $32,000.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be
used to purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to
the purchase of 423 W. Delano Street for the development of the Seaway Indus-
trial Park.
i. Sale of Vacant Non-Buildable Lot in Marquette.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant lot designated as
map number 24-31-21-203-010 to Mr. John Morrison of 1241 Adams Drive. The lot
has 45 feet of frontage and will serve to "square off" Mr. Morrison's property. The
parcel is being offered to Mr. Morrison for $100. The adjacent buildable 50-foot
parcel will be sold to another Adams Drive resident who has agreed to pay
market value for the lot.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed
back on the city's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None
AUGUST 8, 2000 2
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign said resolution.
j. Sale of Vacant Non-Buildable Lot in Nelson.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant lot designated as
map number 24-31-21-251-007 to Ms. Laura L. Hammer of 718 Mills Avenue. The
lot dimensions are 66 x 83 feet. The sale will allow a place for parking in the rear
of the apartment complex adjacent to the vacant lot. Ms. Hammer has been
advised that the parcel will have to be paved pursuant to the zoning ordinance
for the parking. The parcel is being offered for $100. There is no other interested
adjacent property owner.
FINANCIAL IMPACT: The sale for this lot will allow the property to be placed
back on the City's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the City Clerk to sign said resolution.
k. Sale of Vacant Buildable Lot in Marquette.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot des-
ignated as map number 24-31-21-403-025 to Mr. Lawrence Baker of Artistic
Builders. The subject parcel is located on Lawrence Avenue and has a total
frontage of approximately 320 feet. Mr. Baker will build 3 single-family homes
with not less than 1,600 square feet of living space (excluding the basements)
and two-stall garages. The appraised value of the land is $21,000 and Mr. Baker
submitted the only bid of $21,001.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed
back on the City's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign said resolution. The Land Reutilization Commit-
tee recommended this sale at their June 20 meeting.
AUGUST 8, 2000 3
I. Consideration of Bids - ESCO Watermain. E. End of Barney to
C.E. Easement.
ENGINEERING
SUMMARY OF REQUEST: The contract to construct a 12" watermain be
awarded to Jackson Merkey Contractors, lnc.,since they were the lowest, re-
sponsible bidder with a bid rice of $51,185.00. Furthermore, we respectfully re-
quest that this award be contingent upon reaching an agreement with ESCO
Corporation.
FINANCIAL IMPACT: The City would pay one-halt of the total cost and ESCO
would pay the other halt. The anticipated total cost is $51,185.00 plus related
engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contrac-
tors, Inc.
m. Renaissance Zone Policy.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the policy governing the expansion of
existing or the creation of new subzones within the City of Muskegon's Renais-
sance Zone Program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the policy. The Legislative & Policy
Committee at their regularly scheduled meeting on July 26, 2000 recommended
approval.
n. CDBG - Citizens District Council.
LEGISLATIVE POLICY COMMITTEE
SUMMARY OF REQUEST: To approve the recommendations of the Legislative
Policy Committee to the CDBG - Citizen's District Council. The recommenda-
tions are:
- Allow the CDBG - Citizen District Council to a set regularly scheduled
monthly meeting date instead of meeting upon demand,
- To eliminate a member of the Planning Commission as part of the compo-
sition of the CDBG - Citizen District Council.
FINANCIAL IMPACT: None
AUGUST 8, 2000 4
BUDGET ACTION REQUIRED: None
STAFF RECFOMMENDATION: Staff recommends approval.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to
approve the Consent Agenda with the exception of items (b), (c), (e), (f), (g).
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: None
Absent: Benedict
ADOPTED
2000-077 ITEMS REMOVED FROM CONSENT:
b. Terminate Easements (Terrace Lots).
CITY ATTORNEY
SUMMARY OF REQUEST: To adopt the resolutions terminating public and pri-
vate utility easements in vacated streets and alleys located in Blocks 556 and
557 in the City of Muskegon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Appmval of the request. The resolutions pre-
sented here concern the easements that are still present in the streets and al-
leys, which have long since been vacated in the "Terrace Lots". "Terrace Lots"
are across the street from the mall along Terrace between Western Avenue,
Terrace Street, the present railroad and Shoreline Drive. Now it is necessary to
terminate the utilities. The utilities involved have all been contacted and indi-
cate that there are no live gas, electric or telephone lines in the former streets
and alleys. In addition, there are some public sewer, water and storm sewer
lines, which still need to be dealt with, and the utility companies have some pri-
vate easements, which they also appear willing to release. Therefore, as part of
the process it is necessary that the city take action along with other releases
and responses by the utility companies, to terminate these street and alley utility
easements.
NO ACTION TAKEN ON THIS ITEM
c. FIRST READING - Seat Belt Ordinance.
CITY CLERK
SUMMARY OF REQUEST: To adopt the ordinance amending the City Code of
Ordinances, Chapter 20, Section 20-6 amending the Uniform Traffic Code con-
cerning mandatory safety belt usage.
AUGUST 8, 2000 5
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Adoption of the ordinance.
Motion by Commissioner Aslakson, second by Commissioner Spataro to
adopt the ordinance amending the City Code of Ordinances, Chapter 20, Sec-
tion 20-6 amending the Uniform Traffic Code concerning mandatory safety belt
usage.
ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Spataro
Nays: Sieradzki
Absent: Benedict
REQUIRES SECOND READING
e. Lighthouse Park.
LEISURE SERVICES
SUMMARY OF REQUEST: The Beachwood/Bluffton Neighborhood Association
has requested that the property within Pere Marquette that is across from Elliott
Park be named Lighthouse Park with appropriate signage.
FINANCIAL IMPACT: None, except the cost of the sign.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve. The Leisure Services Board recom-
mends approval.
Motion by Commissioner Aslakson, second by Commissioner Spataro to refer
this item back to staff for further study.
ROLL VOTE: Ayes: Nielsen, Schweifler, Sieradzki, Spataro, Aslakson
Nays: Shepherd
Absent: Benedict
ADOPTED
f. Request for permission to donate Engine #21 to Ahmeek Fire
Department. FIRE
SUMMARY OF REQUEST: The Fire Department is requesting City Commission
permission to donate Engine #21 to Ahmeek Fire Department, Ahmeek, Michi-
gan.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
AUGUST 8, 2000 6
STAFF RECOMMENDATION: Staff recommends approval of donation of En-
gine #21 to Ahmeek Fire Department.
Motion by Vice Mayor Sieradzki, second by Commissioner Schweifler to ap-
prove the donation of Engine #21 to Ahmeek Fire Department, Ahmeek, Michi-
gan.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent: Benedict
ADOPTED
At this time the Mayor took a moment to welcome visitors from Russia. Viktor
Yevdokimovich Sibiryakov, Head of Administration, lgarki City Administration and
Aleksandr Mikhaylovich Vorotnikov, Minister of Economy, Ministry of Economy of
Chuvashia Republic were here to visit our schools. They presented the Mayor
with some souvenirs from Russia.
g. Video Taping of City Commission Meetings.
ASSIST ANT CITY MANAGER
SUMMARY OF REQUEST: The current contract with the vendor for video taping
the City Commission meeting expires on August 18, 2000.
The City of Muskegon recently completed the bid process for this service for
the next contract period, which is set at one-year with the option of extending
for a second year at the agreement of both parties. The results of the bid proc-
ess produced 3 bids.
Creative Video Productions - Grand Haven, Ml. Cost: The bidder stated a
per meeting cost of $849 based on 26 meetings. However, the RFP stated 2
meetings per month at a contract duration of 12 months, which equals 24
meetings. This would bring the adjusted per meeting cost to $919.75.
P. A. Entertainment, Inc. - Muskegon Heights, Ml. Cost: The bidder submitted
a per meeting cost of $800.00 with a lump sum bid for the year of $24,000. How-
ever, this equals 30 meeting per year. As stated above, 2 meetings per month
for 12 months equals 24 meetings. The adjusted per meeting cost for this bidder
would be $1,000.00.
Advanced Video Presentations - North Muskegon, Ml. Cost: The bidder
submitted a per meeting cost of $1,170.00 which is a lump sum of $28,080 for the
year. This is based on the 24 meetings per year schedule.
Based on the specifications outlined in the RFP and the quality of the re-
sponses from the bidders, staff recommends awarding the contract to the high-
est bidder, Advanced Video Presentations. Attached, please find information
AUGUST 8, 2000 7
further discussing the proposals and a copy of the original Request for Proposal
that outlined the City's requirements for bidders. Copies of the videotapes sub-
mitted by each bidder along with their proposals are available in the City Man-
ager's Office for your review.
FINANCIAL IMPACT: $28,080
BUDGET ACTION REQUIRED: None at this time. Funds are currently budgeted
for this contractual service. Award the contract for video taping of City Com-
mission Meetings to Advanced Video Presentations at a cost of $28,080 per
year. Incidentally, it is worth mentioning that the lump sum on this company's
first contract with the City of Muskegon was $14,032 for 6 months; at a 12-month
cost of $28,064. This equates to a mere $16.00 increase from the company's first
bid to their current bid.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to
concur with staff and award the contract to Advanced Video Presentations.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Aslakson, Benedict, Nielsen
Nays: Schweifler, Spataro
ADOPTED
2000-078 PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development
District - Hardwoods, Inc.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Hardwoods, Inc., 1885 E. Laketon Avenue, Muskegon, Michigan, has requested
the establishment of an Industrial Development District for property located at
1885 E. Laketon Avenue, Muskegon, Michigan. The project will result in the crea-
tion of l O new jobs and $506,400 in private investment.
FINANCIAL IMPACT: Certain additional income and property taxes will be
collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Indus-
trial Development District for Hardwoods, Inc.
The Public Hearing opened at 6: 15 p.m. to hear and consider any comments
from the public on the establishment of an Industrial Development District for
property located at 1885 E. Laketon Avenue, Muskegon, Michigan. No com-
ments were heard.
AUGUST 8, 2000 8
Motion by Commissioner Aslakson, second by Commissioner Schweifler to
close the Public Hearing at 6:17 p.m. and establish an Industrial Development
District for property located at 1885 E. Laketon Avenue, Muskegon, Michigan.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
b. Request for an Industrial Development Certificate - Hard-
woods. Inc.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Hardwoods, Inc., 1885 E. Laketon Avenue has requested the issuance of an In-
dustrial Facilities Exemption Certificate. Total capital investment for this project is
$506,400 in personal property. The project will result in the creation of l O em-
ployment opportunities. Hardwoods, Inc. is a start up company with no current
labor force.
FINANCIAL IMPACT: The City will capture certain additional property and in-
come taxes generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 8 years.
The Public Hearing opened at 6:18 p.m. to hear and consider any comments
from the public regarding the issuance of an Industrial Facilities Exemption Cer-
tificate. Phillip Pierce, President of Hardwoods, Inc. addressed the Commission.
No other comments were heard.
Motion by Commissioner Benedict, second by Commissioner Aslakson to
close the Public Hearing at 6:22 p.m. and issue an Industrial Facilities Exemption
Certificate to Hardwoods, Inc.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
AUGUST 8, 2000 9
c. Request for on Industrial Development Certificate - American
Coil Spring.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended,
American Coil Spring Company, 1041 E. Keating Avenue has requested the issu-
ance of an Industrial Facilities Exemption Certificate. Total capital investment for
this project is $2,861,600 in personal property. The project will result in the crea-
tion of 6 employment opportunities while retaining 22 jobs. American Coil
Spring's current workforce is 145.
FINANCIAL IMPACT: The City will capture certain additional property and in-
come taxes generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 7 years.
The Public Hearing opened at 6:23 p.m. to hear and consider any comments
from the public. Tim Zwit, Vice President and General Manager of American
Coil Spring Company addressed the Commission. No other comments were
heard.
Motion by Commissioner Aslokson, second by Commissioner Shepherd to
close the Public Hearing at 6:24 p.m. and to issue on Industrial Facilities Exemp-
tion Certificate to American Coil Spring Company.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslokson
Nays: None
ADOPTED
d. Spreading of the Special Assessment Roll Sidewalk Replace-
ment Program for 1999 (Area W3). ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the
special assessment for the 1999 Sidewalk Replacement Program and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $524,990.06 will be assessed against 623 par-
cels.
STAFF RECOMMENDATIONS: To approve the special assessment roll and
adopt the resolution.
The Public Hearing opened at 6:26 p.m. to hear and consider any comments
from the public. John Marshall, 1405 Barclay St. opposes the spreading of the
special assessment. John Kowalski, 776 Washington opposes the assessment.
AUGUST 8, 2000 10
Ilene McCormick, 1405 Lakeshore Dr. opposes the assessment. Ed Winicki, 1826
Crowley, opposes the assessment. Paul Omness, 1261 W. Southern ( 1383 Lake-
shore Dr.) opposes the assessment. Mike Jenkins, 1291 Fifth St, inquired if city in-
come tax could be used for this project.
Motion by Commissioner Aslakson, second by Commissioner Spataro to
close the Public Hearing at 6:48 p.m. and to spread the special assessment for
the 1999 Sidewalk Replacement Program and to adopt the resolution confirming
the special assessment roll,
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
ADOPTED
UNFINISHED BUSINESS:
a. Concurrence with Housing Board of Appeals Finding and Or-
der for 1212 Jefferson. (From July 11. 2000 meeting).
INSPECTIONS DEPARTMENT
SUMMARY OF REQUEST: This is to request City Commission concurrence with
the findings of the Housing Board of Appeals that the structure located at 1212
Jefferson is unsafe, substandard and a public nuisance and that it be demol-
ished 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 bid-
der.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: This property had a fire in the basement on Octo-
ber 16, 1998. A police report was issued to the Inspections Department on Feb-
ruary 13, 1999 and a Board Up Letter was sent on February 13, 1999.
A Notice and Order was sent out on June 18, 1999. The case was discussed
at the Housing Board of Appeals on August 5, 1999. An audiotape of the meet-
ing can be obtained in the Inspections Department.
According to the title search done in June of 1999, County taxes are due for
1995, 1996, 1997, 1998 and 1999. Special assessment due to the City of
Muskegon as well. Please see Title Search page for taxes and special assess-
ments.
The estimated cost to repair the structure is $11,000.00.
AUGUST 8, 2000 11
NO ACTION TAKEN ON THIS ITEM
2000-079 NEW BUSINESS:
a. Brownfield Redevelopment Plan - Fee Amendment.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To amend the Master Fee Schedule to include the
fee of $2,500 for a Brownfield Redevelopment Plan Amendment for a Single-
Business Tax Credit (SBT) and $2,500 plus expenses for an Amendment that in-
cludes an SBT and a tax capture.
FINANCIAL IMPACT: The City will receive the fee for the amendment process.
Currently, the City is financing these costs, which include City staff time, two
public notices in the Muskegon Chronicle, letters mailed to taxing jurisdictions,
and the costs associated with our Brownfield consultant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment to the Master Fee
schedule for amendments to the Brownfield Plan.
Motion by Commissioner Benedict, second by Commissioner Spataro to
amend the Master Fee Schedule to include the fee of $2,500 for a Brownfield Re-
development Plan Amendment for a Single-Business Tax Credit and $2,500 plus
expenses for an Amendment that includes a SBT and a tax capture.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict, Nielsen
Nays: None
ADOPTED
b. Arena Contract Changes.
LEISURE SERVICES
SUMMARY OF REQUEST: To decrease the payment to Arena Management
Group to the 1999 - 2000 management fee and to increase the maintenance
fee by$ .25.
FINANCIAL IMPACT: Management fee drops from $687,000 to $667,000.
Maintenance fee will generate about $40,000 in additional revenue.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Spataro, second by Commissioner Aslakson to de-
crease the payment to Arena Management Group to the 1999 - 2000 manage-
ment fee and to increase the maintenance fee of$ .25.
AUGUST 8, 2000 12
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: Benedict
ADOPTED
c. Police Department Grant.
POLICE
SUMMARY OF REQUEST: Staff requests that the City Manager be authorized to
negotiate an agreement with the County of Muskegon due to a Disparate
Funding Certification and then submit the FY 2000 Local Law Enforcement Grant
Application in the amount of up to $141,599. This grant requires local cash
match up to $15,733. This would be the amount of match assuming no sharing
with the County of Muskegon. The funds must be used for law enforcement
purposes and may be used for personnel or equipment. The exact amount to
be placed in each category has not yet been determined. The grant requires
that establishment of an Advisory Board to make recommendations prior to the
grant funds being released. However, it would be our intent to continue the
funding of an information systems person as well as a record's division person
that we began funding under a previous block grant. We would be looking at
using the remainder of the funds for much needed equipment due to our in-
creased staffing.
The exact amount the City of Muskegon would receive and the correspond-
ing match will not be known until negotiations with the County are finalized.
However, due to the entire system being online, the Bureau of Justice Assistance
is only allowing 30 days from the time of the grant announcement until all nego-
tiations, hearings and applications are completed. Therefore, staff is asking for
Commission approval at this time.
FINANCIAL IMPACT: $141,599 maximum to be received from the U. S. De-
partment of Justice. $15,733 maximum required as a local cash match and
must be placed in the same interest bearing account as the federal grant funds.
Note that the grant covers a 2-year period.
BUDGET ACTION REQUIRED: A local cash match is required. If there were no
sharing with the County the total match would be $15,733. If there is sharing
with the County of Muskegon, our required cash match would go down. This is a
10% cash match. These funds must be placed in the same interest bearing ac-
count as the federal grant funds and all interest earned must be spent on items
allowable under the grant.
STAFF RECOMMENDATION: Staff recommends authorizing the City Manager
to negotiate an agreement with the County Administrator and to then submit
the FY 2000 Local Law Enforcement Block Grant Application.
NO ACTION TAKEN ON THIS ITEM
AUGUST 8, 2000 13
ANY OTHER BUSINESS:
Commissioner Benedict asked if Department Heads were to be present at
the Monday Worksession. Discussion followed.
PUBLIC PARTICIPATION:
Mike Jenkins, 1291 Fifth Street reported that a house was burned on Seventh
Street and has been demolished. When will the rubble be taken care of? Also,
Mr. Jenkins inquired if the City Income Tax is a permanent tax.
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 7:35 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/ AAE
City Clerk
AUGUST 8, 2000 14
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: August 2 2000
SUBJECT: 2000/2001 Rock Salt Offer
SUMMARY OF REQUEST:
Current rock salt vendor, Morton Salt, has offered to extend price of $26.00/ton
delivered through April 15, 2001. Request acceptance of offer.
FINANCIAL IMPACT:
$54,393, based on 2092.03 tons purchased at same price during 1999/2000 winter.
BUDGET ACTION REQUIRED:
None; funds provided in highway budgets.
STAFF RECOMMENDATION:
Accept offer.
COMMITTEE RECOMMENDATION:
Affirmative Act ion
23 11724-6703
FA X/722- 1214
Assl'ssor
23 11724-670R
FAX1726-5 18 1
C e metery
23 1/724-6783
FAX/72/,-% 17
(_ ' ivil Scrvirc
23 1/724-67 16
FAX/724-4055 West MJchJgan's Shoreline CJty
Clerk
2J I /724-67115
FAX/7 24-4 178
Comm. ...~ Neigh. Date: July 24, 2000
Scr vicl's
23 1/724- 671 7
FAX/72(,-25111 To: ity Co mission!~ Manager
E.11gin ccring
23 I /724-6707
l'r\ X/727-690 4
From:
o ert H. Kuhn, Pubic Works Director
f-i 11a111.:l'
23 1/724-67 13
FA X/724-6768 Subject: Rock Salt Bid
f'i r l' Drpl.
2.l 11724-/,792
FA\1724-6985
lncumc Ta.,
23 11724-6770
l'A X/724-6768 For the 1999/2000 winter, bids to provide rock salt were sought through The
Info. Systl'm s
Muskegon Chronicle and notices were mailed to known vendors. Three bids
231/72 4-6744 were received: Morton Salt at $26.00/ton delivered; Cargill, Incorporated at
FAX/722 -4301
$33.98/ton delivered; and IMC Salt at $26.98/ton delivered. Morton Salt was
Lcisu re Scn•icc
23 1/724-67114
awarded the bid, as was the case the previous year.
FAX/724- 1196
l\Ianagcr' s Office
This past winter 2092.03 tons of rock salt were purchased at a cost of $54,393
23 1/724-6724 based on $26.00/ton. Current highway budgets-local, majors, and state
FA\ 1722- 12 14
trunkline- cover rock salt purchases up to $82,440._
i\layor's Office
23 1/724-670 1
FAX/722- 12 14 Morton Salt has offered to extend their $26.00/ton delivered price through April
Neigh . & Cun.st.
15, 2001. We are requesting acceptance of this offer.
S rrvicl's
23 1/724-67 15
F,\,\/72 (,-250 1 pmb
Pl:t1111i111,!/Zoni n~
23 1/724-67112 (RockSalt 20002001)
l'A \ /72.1-Gn11
Pulici:• De pt.
23 I /724-67511
F.-\:\/72 2-5 1411
Pu blic \ Vorks
23 1/72 4--1100
FA :\/722-4188
Trcas11 rcr
23 11724-6720
FA\/7 24-6768
W a1 ,.,. Billi11~ Dept.
23 1/724-/, 718
FA:\/72 4-/,768
\ Valer Filtra tion
23 1/724-4 I 06
FA :\1755-52 90
Department of P ublic Works, 1350 E. Keat ing, M uskegon, Ml 49442
Commission Meeting Date: August 8, 2000
Date: July 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJliv
RE: Purchase of 423 W. Delano St. - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 423 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Mr. John Larson, 423 W. Delano Street, Muskegon,
Michigan on July 18, 2000. The purchase price is $32,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 423 W.
Delano Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
7/21/2000
Resolution No. 2000 76 ( h )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
423 W. DELANO STREET FOR $32,000
WHEREAS, the City of Muskegon and John H. Larson have entered into a purchase
agreement for property located at 423 W. Delano Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 423 W. Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 423 W. Delano Street, Muskegon, Michigan for the amount of
$32,000.
Adopted this 8th day of August 2000.
AYES: Sier adzki , Spataro , Aslakson , Nielsen, Schweifler, - Shepherd
NAYS: None
ABSENT: Benedict
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan , at a regular
meeting held on August 8, 2000. ~_ . /
. . .Jc ~ k v .~o,.J
Gail Kundinger, Clerk
7/21/00 2
REAL ESTATE PURCHASE AGREEMENT
ENT is made 07-11('.-00 , 2000, by and
~M.!-'.1.----!.,.Q.~U:,..,,;"1._and_-----:---,----,,~-.--•
~'-;'LJ-"9---'-~~=~"'-'-:' of q 2.,i' y)
CJ v1 O LJ.R.J
uske n, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
' ( o -~G. ': C,.C:.'-'-=___...s p,.DD=a,,_\ I
.._,..J.z.~ ~o \?T: oF 1.....0~ S ~o ~ B\...C~· ~ ;
"'.l'.'"'""'' I' I",. & ..,.;;,..1•,,..)~'LS -s,. '/A<...A"T"i..D ,o,.DJ.
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be ,-..,=,..., -~.....,, u --r-.... ~- .,,.....,_,J:;:;,
($ 32 _,600) Dollars, payable in cash or city check to Buyer 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 discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies 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
= - - - - - - - - ~ 2000 ("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 _ _ _ _ _ __
14. Costs. Seller 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
£
SE. LLER:
~2¥ Q'S-d"'-t-(t,/~ I ) 4-
/ (SS#_ _ _ _ _ _ _~
I
rm]11 UJ
h1ru1mlTL
_0[[E rITIJJ J
>!,-----------,UIIllJ [ TI.I -~
llirrn [Lil
1 -- [Irl
..
•Cl),
00
-~-=--~ tf1 Hackley Avenue
A
A ffirn1ali \'c .\ctio11
23 1/724-6703
F. \'1:/722-12 14
,\SSt.'!->~0 1"
23 1/724-C, 711S
F.-\.'\/726-5 18 1
(\•11H•kr., ·
2J I /724-6 783
F.-\:\/72(,.:,G 17
Ci,·il St.•n ·kl'
2.l l/724 -67 16
F.- \ .'\/7 24-4405 August 31, 2000 West Mlcltlgan's Shoreline City
C ier i<
2J 1/72 4-6705
FA.\172-1-41 78
Mr. John Larson
("0 111111. & .'\~igh. 423 W. Delano Avenue
23 1/724-(,7 17 Muskegon,MI 49444
F.-\:\/7U,-250 I
E.11~inct.·rin ~ RE: Acquisition of Property at 423 W. Delano Avenue
23 I /724-6707
F.-\.'\/727-6904
Dear Mr. Larson:
Fill :Hlt.:l'
23 l/724-l,7 1J
I' \.'\/7 24-(,7(18 As discussed at our meeting on July 17, 2000, the following represents the terms
Fin· lll'pt. agreed upon for the acquisition of your prope1ty located at 423 W. Delano Avenue.
23 11724-6 7'!2
F. \ .\/724-WSS
1. Purchase Price: $32,000
l 1H:om t.· T :n
2J 1/71 4-6770
2. Relocation Costs: $14,267
F.\.\ /724-6768 3. Fixed Moving Costs : $825
l11 fu. Sys1e111s Total: $47,092
23 1/724-6744
F. \:\/722-4311 1
The City of Muskegon is also paying the closing costs associated with the
Ll· is ure Sl'r,·in·
23 1/7 24-6704
purchase of your property in the amount of $160. Please countersign this letter, in the
Fr\:\/724- 11% space provide at the bottom of the page indicating your agreement with these terms.
., 1:1 11 a}.!l'•-·~ omn-
2J 1/724 -6724 If you have any comments or questions, please do not hesitate to contact me at
F.\:\ /722- 1214
(231) 724-6702 .
.\ Ja yor\ O ffi c l'
23 1/724-C,711 I
F.-\:\/722- 12 14
Best Regards,
~·~
lJ l/724-/,715
F.-\:\/726-2511 1
Pla1111i11g,/Zu11 i11g
23 11724-1, 702 Matthew Dugener
Fr\.'\/7H-C,7'JII
Business Development Specialist
Poli n-' lk p l.
2J 1/724-(,7511
F.-\:\/722-, 1411
P11hlic \ \' orl,~
2.ll /724-rnio
F.-\:\17Z2-4 I 88
T n :1\ llrl' r
U l /724-6 720
F.-\:\/72 4-6768
By my signature I ce1tify that I agree with the terms outlined in this letter.
\\' a ler Uilling D,·pl.
23 1/724-67 18
FA:\/724-6768
\\ alt.'r Filtration
2J 11724-4 106
FA.\/7'5-5290
City of Muskegon, 933 Terrace Street, P.O. Bo x 536, Muskegon, Ml 49443-0536
REAL ESTATE PURCHASE AGREEMENT
ENT is made 07-15"'-00 , 2000, by and
~ ----~-t.~..........,.,_,.,.~_and _ _ _ _____,___ ..-_,
~ r.....=.L.=f..L.___- - ',____._..-...,:;........_, ofqz.a
Y.) &IJ 0 0-£/o
uske n, Michigan 49444 ("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:
'( o - ,-, ~ ·.. ...,..a...._ '- ,I.,::,...,--.. '5. p,,D D~,-.l ;
....,..)t. <r t£,O ~ oF '--0-,-:; 5 ii.,..o '-1 BI..C:>~ '-1 ;
~..,..41;,, I I F,. & v-l .....""'-"'-1:.'5 "5°'. '-/AC-.A--.--u::> ,ADJ.
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 --r'"'-::nrr--, - ~ ~ ~__,...,:D --r-t-+ . . -
($ 32 ,ooo ) Dollars, payable in cash or city check to Buyer 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 discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies 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
Issued with Policy No.
SCHEDULE A
Amount $32,000.00 Policy No. 411825
Premium$ Order No.
Date: September 5, 2000 or the date of recording of the instrument(s) creating
the estate or interest insured herein, whichever is later.
INSURED
City of Muskegon, a Municipal Corporation
1. The estate or interest in the land described or referred to in this schedule
covered by this policy is fee simple.
2. Title to the estate or interest covered by this policy at the date hereof is
vested in:
City of Muskegon, a Municipal Corporation
3. The land referred to in this policy is situated in the City of Muskegon,
County of Muskegon, State of Michigan, and is described as follows:
The West 60 feet of Lots 3 and 4, Block 4, Young and Williams Addition,
according to the recorded Plat thereof in Liber 3 of Plats, on Page 39,
including the East 11 feet of vacated Waalk's Street adjacent thereto.
TRANSNATION TITLE INSURANCE COMPANY
Counters~"
By_ _ _ _ _ _ _ _ _ _ _ _ _~
Authorized Officer or Agent
Page 1
Policy No. 411825 File No.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown of record.
2. Unrecorded water, mineral and oil rights, unrecorded easements and
claims of easement, boundary line disputes not disclosed of record and
any matters which would be disclosed by an accurate survey and
inspection of the premises.
3. Mechanics' liens not of record.
4. The dower or homestead rights, if any, of the wife of any individual
insured or of any individual shown herein to be a party in interest.
5. Building and use restrictions not appearing in the record chain of
title, but omitting restrictions, if any, based on race. color,
religion or national origin.
ksd
Page 2
OWNER'S COVERAGE STATEMENT
Issued By
TRANSNATION TITLE INSURANCE COMPANY
POLICY NUMBER
Transnation
411825
This policy insures your title to the land described in Schedule A - if that land
is a one-to-four family residential lot or condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the
Policy Date shown in Schedule A.
Your insurance is limited by the following:
* Exclusion on page 2
* Exceptions in Schedule B
;'( Conditions on page 6
We insure you against actual loss resulting from:
,, any title risks covered by this Policy - up to the Policy Amount
and
* any costs, attorneys' fees and expenses we have to pay under this Policy
COMPANY'S DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in any court case as to that part of the case that is
based on a Covered Title Risk insured against by this Policy.
We will pay the costs, attorneys' fees, and expenses we incur in that defense.
We can end this duty to defend your title by exercising any of our options listed
in Item 4 of the Conditions.
TRANSNATION TITLE INSURANCE COMPANY
Countersigned:
~dcaL
By _ _ _ _ _ _ _ _ _ _ _ _ _ __
Authorized Officer or Agent
This Policy is not complete without Schedules A and B.
Page 3
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: September 5, 2000
Escrow Number: 411825
Property Address: 423 W. Delano
Muskegon, Michigan 49444
P U R CHASER' s STATEM E N T
DEBIT CREDIT
Purchaser Price I• 32,000.00 I•
I I
I I
I I
I I
Rent Adjustment I I
CLOSING FEES I 150.00 I
Recording Fees I 10.00 I
Sub Total I• 32,160.00 I•
Due from Purchaser I I• 32,160.00
TOTALS $ 32 160.00 $ 32 160.00
**********************************************************************************************************************************
The undersigned Purchasers acknowledge Receipt of a copy of
this statement and agree to the correctness thereof, and
authorizes and ratifies the disbursement of the funds as stated
therein.
Purchaser(s) Si gnature(s):
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Oate: September 5, 2000
Escrow Number: 411825
Property Address: 423 \.1. Delano
Muskegon, Michigan 49444
P U R CHASER' s STATEMENT
DEBIT CREDIT
Purchaser Price I• 32,000.00 I•
I I
I I
I I
I I
Rent Adjustment I I
CLOSrnG FEES
Recording Fees
I
I
150.00
10.00
I
I
,,
Sub Total I• 32,160.00 I•
Due from Purchaser I I• 32,160.00
TOTALS $ 32 160.00 $ 32 160.00
**********************************************************************************************************************************
The undersigned Purchasers acknowledge Receipt of a copy of
this statement and agree to the correctness thereof, and
authorizes and ratifies the disbursement of the funds as stated
therein.
Purchaser( s) Si gnature(s):
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 fo1m is NOT CONFIDENTIAL.
11. Street Address of Property 12. County I 14. Date of Transfer (or land contract was signed)
I 423 ~/. Delano I Muskegon I I 09/05/00
I Muskegon, Michigan 49444 I I
13. City/TO\'mship/Village of Real Estate lXl City I 15. Purchase Price of Real Estate
I Muskegon u Township I I 1 jz_ QQ0
1
I V11la 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 description. Iusually includes hyphens and sometimes includes
I 61-24-895-004-0003-00 Iletters. It is on the property tax bill and o?i the
assessment notice.
17. Sell er' s (Transferor) Name I 1a. Buyer's {Transferee) Name and Mailing Address
I John Harold Larson I I City of Muskegon
I I I
~~-,-~--~~--,---,-,-,--~ I Muskegon, MI 49440
Items 9 - 13 are optional. Hm~ever, by completing I 933 Terrace
them you may avoid further correspondence. I__________________________
Transfers include deeds, land contracts. transfers 19, IYP.e of Transfer _
i nvo l vi ng trusts or ~,ills. certain 1ong- term 1eases I U land Contract U Lease
and interest in a business. See the back for a I U Deed U Other (specify} _ _ _ _ _ _ _ __
complete list. !_____________________
110. U Yes ! Ill. Amount of 0mm Payment
l~~Is~th~e~tr~a~n~sf~e~r~b~e~tl~,e~e~n~r~el~a~t~ed~pe~r~s~on~s~?_ _ _ _Jl~I~N~o_ _ _ l !_________________
112. If you financed the purchase. U Yes I [13. Amount Financed (Borrowed)
l__d~1~d~y~o~uJo~a~v~m~a~rk~e~t~r~a~t~e~o~f~1~n~te~r~es~t~'-----~l~I~N~o_ _ _ l I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _J
Exemptions ____~ - - ~ - ~ - - - - ~ - ~ - ~ - - ~ - - - ~ - ~ - - ~ ~ ~ - - - - - - -
The Michigan Constitution limits how much a property's taxable value can increase while it is evmed by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the follm·1ing 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.
U transfer from one spouse to the other spouse
U change in O\'lflership 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 O\'mership 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 corm1on control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other. specify:
Certification~-~-~~-~~-~-~~~~~~~-~~~--------------
I certify that the information above is true and complete to the best of m,~k~n~rM~l~e~d~e~·--------------
IOt/ner's Signature ;---t-~ I Date I I If signer is other than the owner. print name and 1
: ' : oq / o{({fl} : : title. Oss.r-pww1w-Ci'h1 f l/lJ,Jie&'--A
o- op
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE # 411825
DATE: September 5th 2000
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 the~eto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Compan~
to file the form on their behalf. ·
L 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:
X_ 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
WARRANTY DEED
STATUTORY FORM FOR INDIVIDUALS 411825
Form No. M-960
KNOW ALL MEN BY THESE PRESENTS: That John Harold Larson, a sing~e man
whose street number and post office address is 423 W. Delano
Muskegon, Michigan 49444
Convey and Warrant to City of Muskegon, a Municipal Corporation
whose street number and post office address is 423 W. Delano
933 Terrace
the following described premises situated in the City of Muskegon County of Muskegon and
State of Michigan, to-wit:
The West 60 feet of Lots 3 and 4, Bloc~ 4, Young and Williams Addition, according
tO the recorded Plat thereof in Liber 3 of Plats, on Page 39, including the East 11
feet of vacated Waalk's Street adjacent thereto,
61-24-895-004-0003-00
More commonly known as: 423 W. Delano, Muskegon, Michigan 49444
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;
Dated this 5th day of September, 2000
Signed and Sealed in presence of Signed and Sealed:
STATE OF MICHIGAN }
} ss.
COUNTY OF Muskegon }
The foregoing instrument was acknowledged before me this 5th day of September, 2000
by John Harold Larson, a single man
KIMBERLY s. DURNELL bf11d4CJ4 -s ~1,t,L.,G/
Notary Public, Muskegon County, Ml ~-"-'-'~~-~-+--~~-"'-.!i-==~=-~
My Commission expireMy Commission Expire,s 6-8-2004Notary Public, _ _ _ _ _ _ __ County, Michigan
County Treasurer's Certificate City Treasurer's Certificate
After recording return to: Drafted By:
City of Muskegon John Larson
Muskegon, MI 49440 423 W. Delano
933 Terrace Muskegon, MI 49444
TERMITE INSPECTION WAIVER
Date: September 5. 2000
RE: 411825
To: TRANSNATION TITLE INSURANCE CO Property Address:
570 SEMINOLE ROAD. SUITE 102 423 W. Delano
MUSKEGON MI 49444 Muskegon. Michigan 49444
County: Muskegon
We. the undersigned. being the buyers and sellers of the above captioned property, herein
acknowledge and certify that we have chosen to eliminate the requirement of a termite
inspection for this property.
We herein agree to hold harmless Transnation Title Insurance Company and/or TRANSNATION
TITLE INSURANCE CO. from any liability for loss or damage resulting from the fact that a
termite inspection was not done at the time of closing of the above captioned property.
BUYER(S): SELLER(S):
City of Muskegon
~rol~)/£~
SURVEY WAIVER
Date: September 5, 2000
RE: 411825
To: TRANSNATION TITLE INSURANCE CO Property Address:
570 SEMINOLE ROAD. SUITE 102 423 W. Delano
MUSKEGON MI 49444 Muskegon. Michigan 49444
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. 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
encroachments.
PURCHASER(S): SELLER(S):
City of Muskegon
~~zfL~
rnHari}arson
REAL ESTATE PURCHASE AGREEMENT
ENT is made 07- I ?-00 , 2000, by and
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2 V...R./ ell
uske n, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a
o o
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:
l O _,__.G, ·: l.,.,--f1.'-'--.:I:..-~'5. p,,.DD~-l ;
'-"'>t. s- il,,:,O V.: oF .._.,..._.,, s ;;....o '-I BLC>d<- '--1 ;
-;::,0....,'T I 1 N. & c,,.),.,,,...J,"-,:_"S '50. "A<...A,-.;,.D ADJ':
subject to the reservations, restrictions and easements of record, provided said
reservations, restricJions 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 _-....-:i:s=-::, - ~ u - i.... ~- ,,....,.._,J;:,
($ 32 ,ooo) Dollars, payable in cash or city check to Buyer 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 discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies 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 t_itle 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 ~state commission or expenses arising from this
transaction.
1O. Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ _ , 2000 ("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 _ _ _ _ _ __
' 14. Costs. Seller 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
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SELLER:
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(SS#_ __ _ _ __,
CLOSING AGREEMENT
Property Address: 423 W. Delano, Muskegon, Michigan 49444
Escrow No.: 411825
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT I/we, as Seller(s), for valuable
consideration, receipt of which is acknowledged, have bargained and
sold and do grant and convey to the Buyer(s), in an 11 AS !S 11 condition
with no warranty, either expressed or implied, the following goods and
chattels:
ACCEPTING PROPERTY "AS IS"
Buyer(s) understand and acknowledge, that he/she (they) is/are buying
the property in an 11 AS 18 11 condition and that neither the Seller(s) nor
Realtor make any warranties as to the structure(s) located upon the ~
land purchased or the condition thereof. We agree to hold harmless the
listing and selling broker, and/or their agents and Transnation Title
Insurance Company from any liability concerning this matter.
BUY AND SELL RESOLUTION
It is agreed, between the Buyer(s} and Seller(s) of this property that
all contingencies and addendums to the Offer to Purchase thereto, have
been met or are hereby resolved or removed to the satisfaction of the
parties concerned. We agree to hold harmless the listing and selling
broker, and/or their agents and Transnation Title Insurance Company
from any liability concerning this matter.
SELLER'S AFFIDAVIT
The undersigned Seller(s) represent and warrant to the Buyer(s) and
Transnation Title Insurance Company, that I/we have no knowledge on any
proceedings instituted or taken by anyone which will result in a lien
or special assessment upon the premises. That we have no knowledge of
any delinquent taxes, special assessment, water bills, utility bills,
furnished and financed insulation, or Homeowner's Association feeS
covering subject property, except as follows:
NONE
Seller (s) further agr·ee that in the event it is determined there are
unpaid fees for any of the above specified items for amounts which are
due or become due prior to and including the date of closing or which
become due after the date of closing, and which.are payable prior to
and including the date of closing or become payable after the date of
closing, and which are the responsibility and obligation of .Seller(s),
that Seller(s) shall pay any and all amounts as so charged as their
obligation and responsibility during the time they had possession of
said property, and shall provide proof of payment of same to
Transnation Title Insurance Company and Buyer(s) of said property.
Seller(s) further agree to pay any final water and/or sewer bills
charged as their obligation and responsibility during the time they had
possession of said property and shall hold harmless Transnation Title
Insurance Company from any liability concerning this matter.
Seller(s} have not undertaken, within the past three (3) months, to
have any work performed or materials furnished to the premises, which
would give rise to any claim of a construction lien against the
premises.
CLOSING AGREEMENT· continued
Property Address: 423 W. Delano, Muskegon, Michigan 49444
Escrow No.: 411825
The foregoing closing agreements are hereby accepted and approved.
Closing Date: Septembers, 2000 Seller(s):
/ohnHarold Larson
Witness
Buyer(s),
City of Muskegon
Witness
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: September 5, 2000,
Office of Phone REALTOR, MUSKEGON. MI
1. Addendum to Buy Sell Agreement dated covering property at 423 W. Delano,
Muskegon, Michigan 49444 and legally described as:
The West 60 feet of Lots 3 and 4, Block 4. Young and Williams Addition. according
to the recorded Plat thereof in Liber 3 of Plats. on Page 39, including the East
11 feet of vacated Waalk's Street adjacent thereto.
2. This Addendum to be an integral part of attached Buy and Sell Agreement. which i~
amended as follows:
The date of close is to be September 5, 2000. Buyer is to pay the closing fee to
Transnation Title.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
~1n;lit1;l1,,1 6 b1,vvvC,tl City of Muskegon
W1 t ess
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
JJ!mt4~t1-t ,-5 ~10~1
Witness
~" #iraattJd ~ ~
)°r,aro17lrson
Commission Meeting Date: August 8, 2000
Date: July 24, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Non-Buildable Lot in Marquette
SUMMARY OF REQUEST:
To approve the sale of the vacant lot designated as map number 24-31-21-203-
010 to Mr. John Morrison of 1241Adams Drive. The lot has 45 feet of frontage
and will serve to "square off" (please refer to map) Mr. Morrison's property. The
parcel is being offered to Mr. Morrison for $100. The adjacent buildable 50-foot
parcel will be sold to another Adams Drive resident who has agreed to pay
market value for the lot.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/31/00 1
Resolution No. 2000-76 ( i )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN MARQUETTE
NEIGHBORHOOD FOR $100.
WHEREAS, Mr. John Monison has paid $100 for the east 45 feet of map# 24-31-21-203-010,
located on Adams;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
NOW THEREFORE BE IT RESOLVED, that the east45 feet of map# 24-31-21-203-010 be
sold to the above-mentioned buyer.
(Urban Renewal Plat No. 4 East 45 feet of Lot 789)
Adopted this -8th_ day of August, 2000
Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: None
Absent Benedict
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 8, 2000. · _ - /
By: -+~~-~~ ~ ~ ~~::_
Gail Kundinger, lerk
City-Owned Property Map
8/8/00 ~E
s
17~ I I
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/ MORGAN AV
I
Map# 24-31-21-203-010 ADAMS AV
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation ,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to John Monison and Genevieve Morrison, husband and wife of2136 Garland,
Muskegon, MI 49441
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
Urban Renewal Plat No. 4 East 45 feet of Lot 789
for the sum of One hundred ($100) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this cft6 day of August 2000
Signed in the presence of:
CITY OF MUSKEGON
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this .LJidday of August 2000, by 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 /...- I t?dtt .5. /707/-I'•"
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 9- rx s--
o ,,2._
Muskegon, MI 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Commission Meeting Date: August 8, 2000
Date: July 28, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development ()J!;:_
RE: Sale of Vacant Non-Buildable Lot in Nelson
SUMMARY OF REQUEST:
To approve the sale of the vacant lot designated as map number 24-31-21-251-
007 to Ms. Laura L. Hammer of 718 Mills Avenue. The lot dimensions are 66 X
83 feet. The sale will allow a place for parking in the rear of the apartment
complex adjacent to the vacant lot. Ms. Hammer has been advised that the
parcel will have to be paved pursuant to the zoning ordinance for the parking.
The parcel is being offered for $100. There is no other interested adjacent
property owner.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/28/00 1
Resolution No. 2000-76 ( j)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN NELSON
NEIGHBORHOOD FOR $100.
WHEREAS, Mr. Laura L. Hammer has paid $100 for map# 24-31-21-203-010, located on Fifth
Street for Parldng;
WHEREAS, Ms. Hammer has been advised that as the intended is for parldng, the lot will have
to paved pursuant to the zoning ordinance
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
NOW THEREFORE BE IT RESOLVED, that map # 24-31-21-203-010 be sold to the above-
mentioned buyer.
(Lot 13 Blk 348)
Adopted this -8th day of August, 2000
Ayes: Si er adzki, Spataro, Asl akson, Nielsen, Schweifler, Shepherd
Nays: None
Absent Benedict
CERTIFICATION
I hearby certify thatthe foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 8, 2000.
- - - - - - - - - -
V
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to Laura Hammer of718 Mills, North Muskegon, MI 49445
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
Lot 13 Blk 348
for the sum of One hundred ($100) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this f.;J, day of August 2000
Signed in the presence of:
CITY OF MUSKEGON
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me th is ./_Uday of August 2000, by 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 L /11da. ..s·. /Jc1fr-er
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: '/ - ol 15- - 0 J,
Muskegon, MI 49443-0786
Telephone: (231) 722- 162 1 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Commission Meeting Date: August 8, 2000
Date: July 28, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development c.J!J./
RE: Sale of Vacant Buildable Lot in Marquette
SUMMARY OF REQUEST:
To approve the sale of the vacant buildable lot designated as map number 24-
31-21-403-025 to Mr. Lawrence Baker of Artistic Builders. The subject parcel is
located on Lawrence Avenue and has a total frontage of approximately 320 feet.
Mr. Baker will build 3 single-family homes with not less than 1,600 square feet of
living space (excluding the basements) and two-stall garages. The appraised
value of the land is $21,000 and Mr. Baker submitted the only bid of $21,001.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
The LRC recommended this sale at their June 20 meeting.
07/28/00 1
Resolution No. 2QQ0-76 ( k)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT IN MARQUETTE
NEIGHBORHOOD FOR $21,001.
WHEREAS, Mr. Lawrence Baker has placed a $200 earnest deposit for map # 24-31-21-403-
025, located on Lawrence Avenue;
WHEREAS, Mr. Baker submitted the single bid for the construction of 3 single-family houses
with not less than 1600 square feet and two stall garages;
WHEREAS, the LRC recommended the sale the property to Mr. Baker at their June 20 meeting;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots;
NOW THEREFORE BE IT RESOLVED,# 24-31-21-403-025 be sold to the above-mentioned
buyer for the construction of 3 single-family houses with not less than 1600 square feet and two
stall garages.
(Urban Renewal Plat No. 1 All of Lots 124-127 and the West 56.8 feet oflot 128)
Adopted this ___8th_ day of August, 2000
Ayes: Sieradzki , Spataro, ASlakson, Nielsen, Schweifler, Shepherd
Nays: None
Absent Benedict
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 8, 2000.
Gail Kundinger,
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace
Street, Muskegon, Ml 49440,
QUIT CLAIMS to Lawrence Baker of835 Stevens, Muskegon, MI 49442, a married man.
The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Urban Renewal Plat No 1 All of lots 124-127 and the West 56.8 feet of lot 128
for the sum of Twenty-one thousand and one ($21,001.00) Dollars.
PROVIDED, HOWEVER, Grantee, or his/her assigns, shall commence construction of two homes with not less than 1,600 square feet
(excluding the basement) and two-stall garages on the premises herein conveyed within eighteen ( 18) months and a third home with
the aforementioned amenities within 24 (twenty-four) months of the date of sale. In default of such construction, title to the premises
herein conveyed shall revert tot the City of Muskegon free and clear of any claim of Grantee or her assigns; and, in addition thereto,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or her assigns.
"Commence construction" means I) the issuance of a residential building permit by the City of Muskegon; and 2) in the sole opinion
of the City of Muskegon's Director of Inspections, twenty-five (25%) percent completion of the dwelling described in the said
building permit.
In the event ofreversion of title of the above described premise, improvements made thereon shall become the property of the
Grantor.
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 _.tfili_ day of August 2000
Signed in the presence of:
CITY OF MUSKEGON
~~Hd~<:,L
"fo /:::i.nn KrvKows)Li
~da g() . &o;z
?-//1tla. s: /lo f 'j-t'/'
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this /0/,
day of August 2000, by 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
cdda~-
i//J dei s.
&tdu /oirf",,,.
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 'l·· d..S-,,.. CJ.:i.
Muskegon, Ml 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made August 8, 2000 by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and Lawrence Baker, of 835 Stevens,
Muskegon, Ml 49442 ("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, the real property located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
Urban Renewal Plat No
1 Lots 124-127 & the W.
56.8 ft of Lot 128
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 Twenty-one thousand and one Dollars ($21,001) payable in cash
or certified funds, 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 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 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
owners title policy shall be paid by Seller.
9. 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.
1o·. Closing. The Closing date of this sale shall be on or before October 8 1 2000 -
("Closing"). The closing shall be conducted at Transnation Title Insurance Company, 570
Seminole Road, Ste 102, Muskegon, Ml 49444. If necessary, the parties shall execute
an IRS closing report at Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim 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
on the date of closing.
14. Costs. Seller 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 deed to be delivered at Closing.
15. 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.
3
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
the 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,
warranties, convenants 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.
h. Modifications 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
By\
~~ ~
FredJ.Jelsen, Mayor
BUYER: LAWRENCE BAKER
By:Cb:!\U-J~ Q 1)o..l~ ,
It's:
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Social Security No.~ -S ~ -'l 8 7-.7
Drafted by: Business Address:
PARMENTER OTOOLE 175 W. Apple Ave, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
4
5'70 SEMINOLE ROAD
SUITE 102
MUSKEGON, l\lII 49,14.-4
0164262
TRANSNATJON LAND TirtE INSURANCE CmvIPANY No 164262
?!Li= l\lO. 4 11 4 0 9 K l:},,a;;:i)w ;1LccQu~rr DAT@8/14/QQ .
TWENTY THOUSAND THREE: HUNDRED FIFTY SEVEN AND 00/100
{'.')/,!'\r'
J 'i'L DOLLARS :$., 20357.00
,---, VOID AFTER 90 DAYS
1 I COMERICA BANK
l_ __j
TO
The City of Muskegon
ul . , 720·}1758 . r·
MU.SK.. E•·· G···.•. N.·.'MI49441
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L~ ·•·•· .lJlt,/j['(f@'Ef((';ll£!12s:ctT;; ,s"
THI'.:
OHDER
oi=:·
20443/20453
11• lit.I., 2t. 211• 1:0 7 20000"1t.•: 1.81.,0:15 :I 1,1.,g,11•
DA.TE DESCRIPTION AMOL't.JT
Bani< 5344 Check 164262
Order No 411409 Closed by l<D2 Property V/L
411409
Buyer Lawrence Baker Seller City of Muskegon
08/14/00 Net proceeds to seller(s) 20357.00
$20357.00
'I'RANSNATION LAND TITLE INSURANCE COMPANY
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: August 14, 2000
Escrow Number: 411409
Property Address: V/L Lawrence
Muskegon, Michigan 49442
S E LLER'S s A T E M E N T
DEBIT CREDIT
Purchase Price I• I• 21,,001.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I ~00.00 I
CLOS I NG FEES I 250.00 I
0\.1!-IERS PREMIUM I 194.00 I
Real Estate Corrmission I I
Sub Total I• 644,00 I• 21,601.00
Amount due Sel !er $ 20 357.00
TOTALS $ 21 001.00 $ 21 001.00
*********"************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Sel ler(s) Si gnature(s):
AFFIDAVIT OF TITLE
!
STATE OF MICHIGAN Title Commitment# 411409
COUNTY OF Muskegon
That The 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:
VIL Lawrence
Muskegon, Michigan 49442
ANO
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 bonafide 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 etc. shall be immediately paid by affiant(s) as soon as informed O'f such.
Seller(s):
The City of Muskegon
"-
Subscribed and sworn to, before me a Notary Public. this 14th day of August. 2000
Notary Public _______ County
My Commission Expires:
KIMBERLY S. DURNELL
Notary Public, Muske~on Co~~i{)~I
My Commission Expires 6- -
Date: August 8, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
ESCO Watermain, E. End of Barney to C.E. Easement
SUMMARY OF REQUEST:
The contract to construct a 12" watermain be awarded to Jackson Merkey Contractors,
Inc. since they were the lowest, see bid tabulation, responsible bidder with a bid price of
$51,185.00. Furthermore, we respectfully request that this award be contingent upon
reaching an agreement with ESCO Corporation.
FINANCIAL IMPACT:
The City would pay one-half of the total cost and ESCO would pay the other half. The
anticipated total cost is $51,185.00 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Jackson Merkey Contractors, Inc.
COMMITTEE RECOMMENDATION:
BID TABULATION FOR:
W-608 ESCO WATERMAIN
EAST END BARNEY TO CONSUMER ENERGY R.O.W.
ENGINEER'S ESTIMATE JACKSON-MERKEY : NORTHEREN PLUMING FELCO
DESCRIPTION QUANTITY: UNIT U. PRICE T. PRICE U. PRICE T. PRICE ! U. PRICE T. PRICE U. PRICE T. PRICE
BENDS D.C.I. 8" 11 1/4° M.J. 1 EACH $500.00 $500.00 : $215.00 $215.00 $185.00 $185.00 $350.00 $350.00
2 'BENDS D.C.l.12"45"M.J. 41 EACH 1500.00 $2.000.00 i $375.00 $1,500.00 $310.00 $1,240.00 $295.00 $1,180.00
3 °HYORANT STD. 1 EACH $1,300.00 $1,300.00 j $1,165.00 $1,165.00 $1,050.00 $1,050.00 $1,900.00 $1,900.00
4 PLUG 12" M.J. W/2" TAP 2i EACH $200.00 $400.00 ' $135.00 $270.00 $85.00 $170.00 $200.00 $400.00
5 REDUCER 12"TO 6" D.C.I. M.J. EACH $400.00 · J;400.00; $240.00 $240.00 $236.00 $236.00 $400.00 $400.00
6 'SAND REFILL 1000: C YD $5.00 $5,000.00 . $4.75 $4,750.00 $7.25 $7,250.00 $3.00 $3,000.00
7 !SLEEVES LONG 12" D.C.!. M.J. 2)' EACH $400.00 $800.00 : $345.00 $690.00 $1,250.00 $2,500.00 $500.00 $1,000.00
8 ]TAPPING SLEEVE & VALVE 6"X 6" W/BOX 1 EACH $2,000.00 : $2,000.00 : $1,680.00 $1,680.00 $1,800.00 $1,800.00 $2,000.00 $2,000.00
9 !TAPPING SLEEVE & VALVE 30" CONG. X 12" W/BOX 1i EACH $10,000.00 : $10,000.00 i $6,975.00 $6,975.00 $9,750.00 $9,750.00 $7,000.00 $7,000.00
i 10 !TEE D.C.I. 12" x 12" x 6" M.J. 1 i EACH $450.00 ! $450.00 \ $360.00 $360.00! $425.00i $425.00 $500.00 $500.00
'
11 'TEE D.C.I. 12" x 12" x 8" M.J. 2 EACH $475.00 : $950.00 , $390.00 $780.00 $425.00 $850.00 $600.00 $1,200.00
12 :TRENCH REPAIR MAJOR STREET TYPEIII 30: LIN. FT. $50.00 j $1,500.00 : $42.00 $1,260.00 $38.00 $1,140.00 $60.00 $1,800.00
750' LIN. FT 1
13 TRENCH REPAIR SPECIAL $10.00 $7,500.00 · $4.00 $3,000.00 $5.00 $3,750.00 $11.00 $8,250.00
14 .VALVE 6" GATE M.J. W/BOX 11 EACH $600.00 $600.00 $525.00 $525.00i $436.50' $436.50 $575.00 $575.00
15 ]VALVE 8" GATE M.J. W/BOX : 2, EACH $750.00 $1,500.00 $660.00 $1.320.00 $565.00 $1,130.00 $600.00 $1,200.00
:
16 !WATERMAIN 6" D.CJ. CL 52 11' LIN. FT.
---- --1----
$40.00 $440.00 $23.00 $253.00 $21.60 $237.60 $40.00 $440.00
17 WATERMAIN 8" D.CJ. CL. 52 6 LIN. FT. ' $40.00 $240.00 $27.00 $162.00 $23.60 $141.60 $40.00 $240.00
18 WATERMA!N 12" D.C.I. CL. 52 775 ! LIN. FT. $40.00 $31,000.00 I $33.60 $26,040.00 $29.50 $22,862.50 $40.00 $31,000.00
TOTAL $66,580.00 $51,185.00 $55,154.20 $62,435.00
Commission Meeting Date: August 8, 2000
Date: August 1, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C/3(_
RE: Renaissance Zone Policy
SUMMARY OF REQUEST:
To approve the attached policy governing the expansion of existing or the creation of new sub-
zones within the City of Muskegon's Renaissance Zone Program.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached policy.
COMMITTEE RECOMMENDATION:
The Legislative & Policy Committee at their regularly scheduled meeting on July 26, 2000
recommended approval.
8/1/2000
FINAL
CITY OF MUSKEGON
DEVELOPMENT AGREEMENT POLICY
2000-76(m)
POLICY FOR EXPANDING EXISTING OR ESTABLISHING
NEW RENAISSANCE SUB-ZONES
I. Background
In 1999, the Cities of Muskegon and Muskegon Heights were jointly designated as a
Renaissance Zone. The City of Muskegon selected two areas of the city as sub-zones.
The City of Muskegon Heights designated 4 sub-zones. These sub-zones are identified as
development zones that are viltually tax-free for fifteen years. The goal of the program is
to encourage investment and create jobs while re-utilizing vacant, contaminated, and
underutilized properties in blighted portions of the community. As of the effective date
of this policy, over $25 million of private investment has been committed in the zone.
The community (all taxing jurisdictions) is currently investing more than $43,000 in
forgiven taxes in both the City of Muskegon and the City of Muskegon Heights.
In 2000, the State of Michigan approved legislation, permitting the Muskegon/Muskegon
Heights Renaissance Zone to apply to the Michigan Economic Development Corporation
to expand existing zones contiguously and designate up to four new sub-zones.
Application can be made quarterly to the Michigan Economic Development Corporation
until December 31, 2002.
n. Goals
The City's goals in expanding the Renaissance Zone are:
1. To create jobs
2. To encourage private investment
3. To revitalize and reutilize vacant and underutilized properties
4. To provide development incentives in conjunction with building and site
development requirements
5. To use the four new zones strategically in a way that maximizes goals one
through four
I
FINAL
Ill. Intent
The intent of this policy is to provide an opportunity for businesses and developers to
submit proposals to the City for adding properties in Muskegon to the City's Renaissance
Zone. Applications will be accepted to add parcels located contiguously to an existing
sub-zone and to create new zones as permitted. Applications will be evaluated on the
basis of the criteria identified in this policy. The new areas would become effective on
January 1 of the year following their approval by the State. This policy identifies the
requirement for concrete development commitments and no sub-zone shall be expanded
or created for speculative purposes.
IV. Process
Proposal Content: All proposals must demonstrate that the project cannot
reasonably be facilitated in an existing Renaissance Zone. It must identify the
parcels being proposed for addition to the Zone or for inclusion in a new zone, the
amount of real or personal property tax currently assessed to the site(s), and verify
that the property meets the required number of threshold criteria (Section IX).
Also, proposals should describe the use, amount of investment, jobs to be
created/retained, detailed preliminary site plan and other pertinent information
about the project.
Proposal Review: Proposals will be reviewed by the City's Renaissance Zone
Committee (composed of City Staff) based on the extent to which the project
addresses the evaluating factors cited in this policy. Recommendations will then
be made to the City Commission, which on a case-by-case basis will review the
capacity, if any, of the $50,000 Revenue Investment Cap to absorb additional
Renaissance Zone requests. Once approved by the City Commission, projects·
will be submitted to the Michigan Economic Development Corporation for final
approval.
V. Tax Revenue Investment Cap
This policy establishes a cap of $50,000 as the amount of City of Muskegon tax
revenues to be invested in the City's Renaissance Zone program.
Projects will be evaluated on a case-by-case basis to determine whether the
project is cap neutral or adds to or reduces available cap volume. Upon the
completion of each project the available cap capacity will be adjusted
accordingly.
2
FINAL
Cap capacity will be determined by analyzing the annual value of income tax
receipts from new jobs created witbin the City's Renaissance Zone. The value
will be used to calculate the available cap capacity as follows:
EXAMPLE:
$50,000 Tax Revenue Investment Cap (Base Cap)
(minus)
$8,200 Existing Cap Capacity Utilized
$41,800 Existing Cap Capacity (before Income Tax Factor)
(plus)
$1,000 Total 1999 Job Value (from new jobs created in Ren. Zone)
$42,800 Total Remaining Cap Capacity
Where:
Base Cap = The cap of $50,000 established by the City
Commission
Utilized Cap Value = The estimated amount of actual property and
income tax abated as of January 1999
Existing Cap Capacity = The difference between the Base Cap and
the Utilized Cap Value
Job Value = The total number of jobs created by all
projects in the City's Renaissance Zone
multiplied by an estimated income tax value
of $300 per job
Remaining Cap Capacity Amount of City public revenue remaining to
be invested in Renaissance Program
VI. Development Agnement Parameters
Successful applicants will be required to enter into a development agreement with
the City committing to the investment and/or job creation it has proposed and
posting a performance bond or other guarantee of performance acceptable to the
City. The development agreement will be drafted on a case by case basis but shall
include, at a minimum, the following:
1. Jobs Created/Retained
2. Investment in Dollars
3. Site/Building Improvements
4. Other Conditions Deemed Necessary on a Case by Case Basis
3
FINAL
VU. Site/Building Requirements
The Renaissance Zone Program is intended to provide incentives for the
rehabilitation of vacant, obsolete, or otherwise underutilized property in the City
of Muskegon. As such, any development agreement to expand or create a sub-
zone will include improvements to project buildings and/or sites. The following
areas of improvements will be considered:
1. Rehabilitation, demolition, construction or other means of
structural improvements to the site including but not limited to
historical/architectural detail (e.g. windows, building materials,
etc.)
2. Landscaping/Screening Improvements
3. Interaction with Public Areas
4. Environmental Conditions (vegetation, rubbish, litter,
toxic/hazardous substances, etc.)
5. Parking
6. Lighting
7. Vehicular/Pedestrian Access Management
8. Setbacks, Bulk, Height, and Area Considerations
9. Surrounding Area Settings (i.e. downtown, waterfront, industrial)
10. Utility Installation
VIU. Evaluation Factors
Proposals for adding parcels adjacent to an existing sub-zone areas or creating
new zones which meet the threshold criteria (listed in Section 9) will be
considered based upon the projects ability to achieve the following primary
evaluation factors. If all of the primary factors cannot be met, the project will be
considered ineligible. A project that meets the primary factors will then be
further considered based on the extent to which a project addresses the following
secondary evaluation factors. A project may not have to meet all of the secondary
factors, however, these factors will provide a measure of the projects ability to
meet the objectives of the Renaissance Zone program and will serve as critical
input in any recommendation to expand existing or create new sub-zones.
Primary:
1. All applicants must demonstrate that projects cannot be reasonably
facilitated in an existing Renaissance Zone.
2. Projects to be considered for designation must have full
commitment from property owner(s), developers, and businesses.
3. Projects to be considered for designation must meet certain
threshold criteria, depending on their location.
4
Secondary:
1. The amount of income tax to be generated by new jobs relative to
the amount of local City taxes to be abated.
2, The amount of investment in buildings and equipment
3. The project allows a business to expand in the City, retains a
significant number of jobs in the City, and/or will add jobs
4. The project includes other investment in neighborhood
revitalization or public infrastructure improvements or utilizes
other public and private financing tools to maximize
redevelopment benefits
5. In the case of residential property, the extent to which the project
provides incentives for housing that will create mixed use
redevelopment (or develops downtown housing).
6. The amount of tax loss for all projects does not exceed the amount
the City Commission identifies for support of Renaissance Zones
7. The extent to which designation may adversely affect DDA or
other City financial/legal obligations
8. The project will enhance an area of the City and/or cause
additional investment
9. The project will rehabilitate existing historical structures consistent
with the Historic District Ordinance
10. If a project is industrial in nature, the extent to which the project is
consistent with the State Certified Industrial Park Regulations
11. The project is consistent with City plans
12. Compliance with the following City ordinances and policies:
a) All applicants must be current with all taxes
b) All applicants must not be under written orders for
violations of City ordinances
c) All applicants must not be under written orders for
violations of City building codes
d) All applicants must be current with all City
financial obligations including special assessments,
and water/sewer fees
l!X. Threshold Criteria
Number of Criteria
Proiect Location That Must be Met
• Contiguous to Existing Zone One
(expansion of existing zone)
• In the General Target Area But Not
Contiguous with Existing Zone Two
(new sub-zone designation)
• Outside the General Target Area Three
(new sub-zone designation)
5
FINAL
Threshold Criteria
1. Property has been vacant or fifty percent ofbuilding(s)
unoccupied, for at least one year.
2. Project will be a catalyst for a major development or for
multiple redevelopment opportunities in the City
3. Property is a contaminated site or functionally obsolete, as
defined by current Michigan law
4. Property shows other evidence of under-utilization or
disinvestment
5. Project results in market rate housing in Central Business
District
X. Other Conditions
The City reserves the right to not award Renaissance Zone status to any or all proposals,
nor is it obligated to abate taxes to the limit of capacity available. It may also decide to
exceed the cap, if it is deemed that the benefits of a project to the City warrant doing so.
No property or proposal that is currently deemed properly utilized by the City will be
considered for expansion of existing or creation of new sub-zones. Expansion of existing
and creation of new Renaissance Zone designations are contingent on City Commission
approval, and then must also be endorsed by the Michigan Economic Development
Corporation and finally approved by the State of Michigan Administrative Board.
Adopted August 8 , 2000 .
Ayes: Si er adzki , Spatar o , As lakson, · Niel sen , Schweifler, Shepherd
Nays : None
Absent: Benedi ct
Gai l A. Kundinger, Ci ty,
6
Resolution No. 2000-76(m)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING A POLICY FOR THE EXPANSION OF EXISTING OR
ESTABLISHMENT OF NEW SUB-ZONES WITHIN THE CITY'S RENAISSANCE ZONE
PROGRAM
WHEREAS, the City of Muskegon is committed to the economic development and
revitalization of the community; and
WHEREAS, the City Renaissance Zone Program is an important element of
community revitalization; and
WHEREAS, the City of Muskegon wishes to provide tax incentives to spur development
within the community; and
WHEREAS, the existing Renaissance sub-zones are nearly filled with new development.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves the
Policy for Expanding Existing or Establishing New Sub-Zones Within the City's
Renaissance Zone Program.
BE IT FURTHER RESOLVED, that the Muskegon City Commission directs staff to
form a Renaissance Zone Comn:,ittee to make recommendations to the City
Commission regarding possible expansion or creation of sub-zones.
Adopted this 8th day of August 2000.
AYES: Sier adzki , Spatar o , Aslakson , Ni elsen, Schweif ler, Shepherd
NAYS: None
ABSENT: Benedict
BY:
ATTEST:
8/1 /00 2
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 August B, 2000. ~~
Gail Kundinger, Clerk
&GLJJ
8/1/00 3
Date: August 2, 2000
TO: Honorable Mayor and City Commissioners
FROM: Legislative Policy Committee
C/O Ken James, Affirmative Action Director
RE: CDBG - Citizen's District Council
Summary ofRequest:
To approve the recommendations of the Legislative Policy Committee
to the CDBG- Citizen's District Council. The recommendations are:
- Allow the CDBG - Citizen District Council to a set regularly
scheduled monthly meeting date instead of meeting upon demand,
- To eliminate a member of the Planning Commission as part of the
composition of the CDBG- Citizen District Council.
Financial Impact:
NONE
Budget Action Required:
NONE
Staff Recommendation:
Staff recommends approval
Committee Recommendation:
The City Commission will decide this issue on 8/8/00
Date: August1,2000
To: Honorable Mayor and City Commission
From: Gail A. Kundinger, City Clerk
RE: Resolutions terminating public & private utility
easements in vacated streets and alleys.
SUMMARY OF REQUEST: To adopt the resolutions terminating public
& private utility easements in vacated streets and alleys located in
Blocks 556 and 557 in the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request. The resolutions
presented here concern the easements that are still present in the
streets and alleys, which have long since been vacated in the "Terrace
Lots". "Terrace Lots" are across the street from the mall along Terrace
between Western Avenue, Terrace Street, the present railroad and
Shoreline Drive. Now it is necessary to terminate the utilities. The
utilities involved have all been contacted and indicate that there are no
live gas, electric or telephone lines in the former streets and alleys. In
addition, there are some public sewer, water and storm sewer lines,
which still need to be dealt with, and the utility companies have some
private easements which they also appear willing to release. Therefore,
as part of the process it is necessary that the city take action along with
other releases and responses by the utility companies, to terminate
these street and alley utility easements.
COMMITTEE RECOMMENDATION: No recommendation.
J\'';
;1 ) ,:
. \'',./ !J u
CITY OF MUSKEGON
NOTICE OF INTENT TO TERMINATE UTILITY EASEMENTS
TO: Michigan Consolidated Gas Company
Attn: Mr. Paul Larson
Mr. Tom Dahlman
2359 Olthoff Drive
Muskegon,MI49444
PLEASE TAKE NOTICE that the City of Muskegon will consider the passage of the
attached proposed resolution terminating public, public service and private easements in rights of
way (streets and alleys) in the following parcel:
Blocks 556 and 557, Lot 1 and part of Lots 2 and 3 of Block 558, part of vacated Water
Street and vacated Market Street, of the Revised Plat of the City of Muskegon as recorded in
Liber 3 of Plats, Page 71, described as: Commencing at the South most corner of said Block 556
for point of beginning, thence North 62°44'00" West along the Northeasterly line of Terrace
Street as extended a distance of 1248.69 feet; thence Northwesterly along said Northeasterly line
of Terrace Street as extended on the arc of a 302.48 foot radius curve to the left a distance of
80.01 feet to the Southerly right of way line of the C & 0 Railroad (the long chord of said curve
bears North 70°18'32" West 79.78 feet, the central angle of said curve is 15°09'20"); thence
Northeasterly along said Southerly right of way line on the arc of a 715.00 foot radius curve to
the right a distance of 150.10 feet (the long chord of said curve bears No11h 55°32'54" East
149 .83 feet, the central angle of said curve is 12°01 '40"); thence Northeasterly along said
Southerly right of way line on the arc of a 570.00 foot radius curve to the right a distance of
533.06 feet to the Northwesterly line of vacated Water Street (the long chord of said curve bears
North 88°22'02" East 513.84 feet, the central angle of said curve is 53°34'57"); thence South 50°
56'50" East 33.03 feet to the intersection of the two centerlines of said vacated Water Street;
thence South 62°44'00" East along the centerline of vacated Water Street 981.47 feet to the
Northwesterly line of Western Avenue; thence South 56°56' 42" West along said No1thwesterly
line of Western A venue 417 .83 feet to point of beginning.
This parcel ofland is located on the Northeasterly boundary of Terrace Street, between
Western Avenue and Shoreline Drive in downtown Muskegon. The outer boundary of the parcel
is roughly bounded by the CSX railroad tracks, and then vacated Water Street to its intersection
with Western Avenue.
The resolution does not purport to affect or terminate any private easements or easements
which are not in rights of way in streets or alleys.
Your response and comment are invited and anticipated concerning this proposed action
of the City Commission of the City of Muskegon. The meeting at which the resolution will be
considered will be at the following time and place:
G:\COMMON\5\GTJ\SHLINE3\C-MAC1 .NOT
Muskegon City Hall
933 Terrace Street
Muskegon, MI 49440
Date and time of the meeting: August 8, 2000 at 5:30 p.m.
The resolution is summarized as follows:
The city commission intends to terminate all public service and private utility
rights and easements in the streets and alleys located in the above parcel, generally
described as vacated Water Street, Market Street, and the alleys in Blocks 556,
557 and pat1s of Block 558. Patt of Water Street is shown on some maps as
"Pine Street," but this resolution concerns only that pot1ion westerly of Western
Avenue.
The City requests your release of these easements, since it appears that there are no live facilities
owned or operated by your company in the streets or alleys of the property, and utility easements
or franchise rights will be afforded or exist in new public streets or rights of way which will be
constructed in the property.
This notice is given pursuant to the direction of the city manager.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
G:\COMMON\5\GTJ\SHLINE3\C-MAC1 .NOT
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution terminating public and private utility easements in vacated streets and alleys
located in Blocks 556 and 557, Revised Plat of the City of Muskegon.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon vacated certain streets and alleys in the following area:
Blocks 556 and 557, Lot I and part of Lots 2 and 3 of Block 558, part of
vacated Water Street and vacated Market Street, of the Revised Plat of the
City of Muskegon as recorded in Liber 3 of Plats, Page 71, described as:
Commencing at the South most corner of said Block 556 for point of
beginning, thence North 62°44'00" West along the Northeasterly line of
Terrace Street as extended a distance of 1248.69 feet; thence
Northwesterly along said No1iheasterly line of Terrace Street as extended
on the arc of a 302.48 foot radius curve to the left a distance of 80.01 feet
to the Southerly right of way line of the C & 0 Railroad (the long chord of
said curve bears North 70°18'32" West 79.78 feet, the central angle of said
curve is 15°09'20"); thence Northeasterly along said Southerly right of
way line on the arc of a 715.00 foot radius curve to the right a distance of
150.10 feet (the long chord of said curve bears North 55°32'54" East
149.83 feet, the central angle of said curve is 12°01 '40"); thence
Northeasterly along said Southerly right of way line on the arc of a 570.00
foot radius curve to the right a distance of 533.06 feet to the Northwesterly
line of vacated Water Street (the long chord of said curve bears North
88°22'02" East 513.84 feet, the central angle of said curve is 53°34'57");
thence South 50° 56'50" East 33.03 feet to the intersection of the two
centerlines of said vacated Water Street; thence South 62°44'00" East
along the centerline of vacated Water Street 981.47 feet to the
N01ihwesterly line of Western Avenue; thence South 56°56' 42" West
along said Northwesterly line of Western Avenue 417.83 feet to point of
beginning.
G:ICOMMON\5\GTJ\SHLINE3\C-MAC1 .RE2
Said vacations occurred at various times, including, without limitation, city resolutions
recorded in the Muskegon County Register of Deeds as follows:
(1) Resolution dated May 23, 1945, recorded at Liber 89 Page 575.
(2) Resolution dated July 11, 1945, recorded at Liber 89 Page 538.
(3) Resolution dated February 23, 1971, recorded at Liber 956 Page 557.
2. In all of the said resolutions the city reserved from the vacation of the streets and alleys, a
continuing easement in the said street and alley areas for utility rights acquired by the city
or by any public service utility in the city operating in, over and upon said portions of the
streets and alleys thereby vacated.
3. It has become necessary to terminate the said easement rights. Notice of the meeting at
which this resolution would be considered has been given to all the private or public
service utility companies including GTE or its successors, Consumers Energy
Corporation, Michigan Consolidated Gas Company.
4. That the city staff has considered the presence of public city utilities in the said easements
and made determinations which are accounted for in this resolution.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
I. That as to all public service or privately owned utilities in the streets and alleys located in
the above described lands, the said utility and easement rights are hereby terminated.
2. That as to all public sewer, water and storm sewer utilities in the said streets and alleys,
the same are terminated with the following exceptions:
2.1 The sanitary sewer easement found in former Water Street, running northerly from
the north line of Terrace Street is retained, until such time as the sewer line
located in the said easement is moved from the easement to a new right of way,
easement, street or alley.
2.2 The sanitary sewer line located in former Water Street along the northeasterly
boundary of the above parcel shall be retained until said line can be moved to an
alternative right of way easement, street or alley, or, in the alternative, may remain
in the event they are located in City owned lands or they do not materially
encroach on private lands.
2.3 All public or private easements or utilities or public service utilities in the
property above servicing Muskegon Mall.
3. That the termination of easements for private and public service utilities shall not include
any requirement that the facilities located in the said easements be removed, as long as
the said facilities are not "live."
G:ICOMMON\5\GTJISHLINE3\C-MAC1 .RE2
4. This resolution does not purport to terminate easements granted to utility companies or
utilized by the city which are not located in the vacated streets and alleys in the above
parcel. Said separate easements shall be dealt with or resolved by the city in addition to
the action taken by this resolution.
This resolution passed.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
_ _ _ _ _ _ _ _, 2000. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
PREPARED BY AND WHEN
RECORDED RETURN TO:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:ICOMMON\5\GTJ\SHLINE3\C-MAC1 .RE2
CITY OF MUSKEGON
NOTICE OF INTENT TO TERMINATE UTILITY EASEMENTS
TO: Consumers Energy Company
Attn: Deborah A. Kile
Sue E. Rakowski
212 W. Michigan Avenue
Jackson,MI 49201-2236
PLEASE TAKE NOTICE that the City of Muskegon will consider the passage of the
attached proposed resolution terminating public, public service and private easements in rights of
way (streets and alleys) in the following parcel:
Blocks 556 and 557, Lot I and part of Lots 2 and 3 of Block 558, part of vacated Water
Street and vacated Market Street, of the Revised Plat of the City of Muskegon as recorded in
Liber 3 of Plats, Page 71, described as: Commencing at the South most comer of said Block 556
for point of beginning, thence North 62°44'00" West along the Northeasterly line of Terrace
Street as extended a distance of 1248.69 feet; thence Northwesterly along said Northeasterly line
of Terrace Street as extended on the arc of a 302.48 foot radius curve to the left a distance of
80.01 feet to the Southerly right of way line of the C & 0 Railroad (the long chord of said curve
bears North 70°18'32" West 79.78 feet, the central angle of said curve is 15°09'20"); thence
Northeasterly along said Southerly right of way line on the arc ofa 715.00 foot radius curve to
the right a distance of 150.10 feet (the long chord of said curve bears North 55°32'54" East
149.83 feet, the central angle of said curve is 12°01 '40"); thence Northeasterly along said
Southerly right of way line on the arc of a 570.00 foot radius curve to the right a distance of
533.06 feet to the Northwesterly line of vacated Water Street (the long chord of said curve bears
North 88°22'02" East 513.84 feet, the central angle of said curve is 53°34'57"); thence South 50°
56'50" East 33.03 feet to the intersection of the two centerlines of said vacated Water Street;
thence South 62°44'00" East along the centerline of vacated Water Street 981.47 feet to the
Northwesterly line of Western Avenue; thence South 56°56' 42" West along said Northwesterly
line of Western Avenue 417.83 feet to point of beginning.
This parcel of land is located on the Northeasterly boundary of Terrace Street, between
Western Avenue and Shoreline Drive in downtown Muskegon. The outer boundary of the parcel
is roughly bounded by the CSX railroad tracks, and then vacated Water Street to its intersection
with Western Avenue.
The resolution does not purport to affect or terminate any private easements or easements
which are not in rights of way in streets or alleys.
Your response and comment are invited and anticipated concerning this proposed action
of the City Commission of the City of Muskegon. The meeting at which the resolution will be
considered will be at the following time and place:
Muskegon City Hall
933 Terrace Street
Muskegon, MI 49440
Date and time of the meeting: August 8, 2000 at 5:30 p.m.
The resolution is summarized as follows:
The city commission intends to terminate all public service and private utility
rights and easements in the streets and alleys located in the above parcel, generally
described as vacated Water Street, Market Street, and the alleys in Blocks 556,
557 and parts of Block 558. Part of Water Street is shown on some maps as
"Pine Street," but this resolution concerns only that portion westerly of Western
Avenue.
The City requests your release of these easements, since it appears that there are no live facilities
owned or operated by your company in the streets or alleys of the property, and utility easements
or franchise rights will be afforded or exist in new public streets or rights of way which will be
constructed in the property.
This notice is given pursuant to the direction of the city manager.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
G:ICOMMON\5\GTJISHLINE31C-MAC 1.NOT
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution terminating public and private utility easements in vacated streets and alleys
located in Blocks 556 and 557, Revised Plat of the City of Muskegon.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon vacated certain streets and alleys in the following area:
Blocks 556 and 557, Lot 1 and part of Lots 2 and 3 of Block 558, part of
vacated Water Street and vacated Market Street, of the Revised Plat of the
City of Muskegon as recorded in Liber 3 of Plats, Page 71, described as:
Commencing at the South most corner of said Block 556 for point of
beginning, thence North 62°44'00" West along the Northeasterly line of
Terrace Street as extended a distance of 1248.69 feet; thence
Northwesterly along said N01theasterly line of Terrace Street as extended
on the arc of a 302.48 foot radius curve to the left a distance of 80.01 feet
to the Southerly right of way line of the C & 0 Railroad (the long chord of
said curve bears North 70°18'32" West 79.78 feet, the central angle of said
curve is 15°09'20"); thence Northeasterly along said Southerly right of
way line on the arc of a 715.00 foot radius curve to the right a distance of
150.10 feet (the long chord of said curve bears North 55°32'54" East
149.83 feet, the central angle of said curve is 12°01'40"); thence
Northeasterly along said Southerly right of way line on the arc of a 570.00
foot radius curve to the right a distance of 533.06 feet to the Northwesterly
line of vacated Water Street (the long chord of said curve bears North
88°22'02" East 513.84 feet, the central angle of said curve is 53°34'57");
thence South 50° 56'50" East 33.03 feet to the intersection of the two
centerlines of said vacated Water Street; thence South 62°44'00" East
along the centerline of vacated Water Street 981.47 feet to the
Northwesterly line of Western Avenue; thence South 56°56' 42" West
along said Northwesterly line of Western Avenue 417.83 feet to point of
beginning.
G:ICOMMON\5\GTJISHLINE3\C-MAC1 .RE2
Said vacations occurred at various times, including, without limitation, city resolutions
recorded in the Muskegon County Register of Deeds as follows:
(1) Resolution dated May 23, 1945, recorded at Liber 89 Page 575.
(2) Resolution dated July 11, 1945, recorded at Liber 89 Page 538.
(3) Resolution dated February 23, 1971, recorded at Liber 956 Page 557.
2. In all of the said resolutions the city reserved from the vacation of the streets and alleys, a
continuing easement in the said street and alley areas for utility rights acquired by the city
or by any public service utility in the city operating in, over and upon said portions of the
streets and alleys thereby vacated.
3. It has become necessary to terminate the said easement rights. Notice of the meeting at
which this resolution would be considered has been given to all the private or public
service utility companies including GTE or its successors, Consumers Energy
Corporation, Michigan Consolidated Gas Company.
4. That the city staff has considered the presence of public city utilities in the said easements
and made determinations which are accounted for in this resolution.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That as to all public service or privately owned utilities in the streets and alleys located in
the above described lands, the said utility and easement rights are hereby terminated.
2. That as to all public sewer, water and storm sewer utilities in the said streets and alleys,
the same are terminated with the following exceptions:
2.1 The sanitary sewer easement found in former Water Street, running northerly from
the north line of Terrace Street is retained, until such time as the sewer line
located in the said easement is moved from the easement to a new right of way,
easement, street or alley.
2.2 The sanitary sewer line located in former Water Street along the northeasterly
boundary of the above parcel shall be retained until said line can be moved to an
alternative right of way easement, street or alley, or, in the alternative, may remain
in the event they are located in City owned lands or they do not materially
encroach on private lands.
2.3 All public or private easements or utilities or public service utilities in the
property above servicing Muskegon Mall.
3. That the termination of easements for private and public service utilities shall not include
any requirement that the facilities located in the said easements be removed, as long as
the said facilities are not "Jive."
G:\COMMON\5\GTJ\SHUNE3\C-MAC1 .RE2
4. This resolution does not purport to terminate easements granted to utility companies or
utilized by the city which are not located in the vacated streets and alleys in the above
parcel. Said separate easements shall be dealt with or resolved by the city in addition to
the action taken by this resolution.
This resolution passed.
Ayes, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
_ _ _ _ _ _ _ _, 2000. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
PREPARED BY AND WHEN
RECORDED RETURN TO:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\SHLINE3\C-MAC1 .RE2
CITY OF MUSKEGON
NOTICE OF INTENT TO TERMINATE UTILITY EASEMENTS
TO: Ms. Mary Wiggers
GTE North
860 Terrace St.
Muskegon,MI49440
PLEASE TAKE NOTICE that the City of Muskegon will consider the passage of the
attached proposed resolution terminating public, public service and private easements in rights of
way (streets and alleys) in the following parcel:
Blocks 556 and 557, Lot 1 and part of Lots 2 and 3 of Block 558, part of vacated Water
Street and vacated Market Street, of the Revised Plat of the City of Muskegon as recorded in
Liber 3 of Plats, Page 71, described as: Commencing at the South most comer of said Block 556
for point of beginning, thence North 62°44'00" West along the Northeasterly line of Terrace
Street as extended a distance of 1248.69 feet; thence Northwesterly along said Northeasterly line
of Terrace Street as extended on the arc of a 302.48 foot radius curve to the left a distance of
80.01 feet to the Southerly right of way line of the C & 0 Railroad (the long chord of said curve
bears North 70°18'32" West 79.78 feet, the central angle of said curve is 15°09'20"); thence
Northeasterly along said Southerly right of way line on the arc of a 715.00 foot radius curve to
the right a distance of 150.10 feet (the long chord of said curve bears North 55°32'54" East
149.83 feet, the central angle of said curve is 12°01 '40"); thence Northeasterly along said
Southerly right of way line on the arc of a 570.00 foot radius curve to the right a distance of
533 .06 feet to the Northwesterly line of vacated Water Street (the long chord of said curve bears
North 88°22'02" East 513.84 feet, the central angle of said curve is 53 °34'57"); thence South 50°
56'50" East 33.03 feet to the intersection of the two centerlines of said vacated Water Street;
thence South 62°44'00" East along the centerline of vacated Water Street 981.47 feet to the
Northwesterly line of Western Avenue; thence South 56°56' 42" West along said Northwesterly
line of Western Avenue 417.83 feet to point of beginning.
This parcel of land is located on the Northeasterly boundary of Terrace Street, between
Western Avenue and Shoreline Drive in downtown Muskegon. The outer boundary of the parcel
is roughly bounded by the CSX railroad tracks, and then vacated Water Street to its intersection
with Western Avenue.
The resolution does not purport to affect or terminate any private easements or easements
which are not in rights of way in streets or alleys.
Your response and comment are invited and anticipated concerning this proposed action
of the City Commission of the City of Muskegon. The meeting at which the resolution will be
considered will be at the following time and place:
G:\COMMON\5\GTJ\SHLINE3\C-MAC1 .NOT
Muskegon City Hall
933 Terrace Street
Muskegon,MI 49440
Date and time of the meeting: August 8, 2000 at 5:30 p.m.
The resolution is summarized as follows:
The city commission intends to terminate all public service and private utility
rights and easements in the streets and alleys located in the above parcel, generally
described as vacated Water Street, Market Street, and the alleys in Blocks 556,
557 and parts of Block 558. Part of Water Street is shown on some maps as
"Pine Street," but this resolution concerns only that portion westerly of Western
Avenue.
The City requests your release of these easements, since it appears that there are no live facilities
owned or operated by your company in the streets or alleys of the property, and utility easements
or franchise rights will be afforded or exist in new public streets or rights of way which will be
constructed in the property.
This notice is given pursuant to the direction of the city manager.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
G:\COMMON\5\GTJ\SHLINE3\C-MAC 1.NOT
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution terminating public and private utility easements in vacated streets and alleys
located in Blocks 556 and 557, Revised Plat of the City of Muskegon.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon vacated certain streets and alleys in the following area:
Blocks 556 and 557, Lot 1 and part of Lots 2 and 3 of Block 558, part of
vacated Water Street and vacated Market Street, of the Revised Plat of the
City of Muskegon as recorded in Liber 3 of Plats, Page 71, described as:
Commencing at the South most corner of said Block 556 for point of
beginning, thence North 62°44'00" West along the Northeasterly line of
Terrace Street as extended a distance of 1248.69 feet; thence
Northwesterly along said Northeasterly line of Ten-ace Street as extended
on the arc of a 302.48 foot radius curve to the left a distance of 80.01 feet
to the Southerly right of way line of the C & 0 Railroad (the long chord of
said curve bears North 70°18'32" West 79.78 feet, the central angle of said
curve is 15°09'20"); thence Northeasterly along said Southerly right of
way line on the arc of a 715.00 foot radius curve to the right a distance of
150.10 feet (the long chord of said curve bears North 55°32'54" East
149.83 feet, the central angle of said curve is 12°01'40"); thence
Northeasterly along said Southerly right of way line on the arc ofa 570.00
foot radius curve to the right a distance of 533.06 feet to the Northwesterly
line of vacated Water Street (the long chord of said curve bears North
88°22'02" East 513 .84 feet, the central angle of said curve is 53 °34'57");
thence South 50° 56'50" East 33.03 feet to the intersection of the two
centerlines of said vacated Water Street; thence South 62°44'00" East
along the centerline of vacated Water Street 981.47 feet to the
Northwesterly line of Western Avenue; thence South 56°56' 42" West
along said Northwesterly line of Western Avenue 417.83 feet to point of
beginning.
G:ICOMMON\5\GTJISHLINE3\C-MAC1 .RE2
Said vacations occurred at various times, including, without limitation, city resolutions
recorded in the Muskegon County Register of Deeds as follows:
(1) Resolution dated May 23, 1945, recorded at Liber 89 Page 575.
(2) Resolution dated July 11, 1945, recorded at Liber 89 Page 538.
(3) Resolution dated February 23, 1971, recorded at Liber 956 Page 557.
2. In all of the said resolutions the city reserved from the vacation of the streets and alleys, a
continuing easement in the said street and alley areas for utility rights acquired by the city
or by any public service utility in the city operating in, over and upon said portions of the
streets and alleys thereby vacated.
3. It has become necessary to terminate the said easement rights. Notice of the meeting at
which this resolution would be considered has been given to all the private or public
service utility companies including GTE or its successors, Consumers Energy
Corporation, Michigan Consolidated Gas Company.
4. That the city staff has considered the presence of public city utilities in the said easements
and made determinations which are accounted for in this resolution.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
I. That as to all public service or privately owned utilities in the streets and alleys located in
the above described lands, the said ntility and easement rights are hereby terminated.
2. That as to all public sewer, water and storm sewer utilities in the said streets and alleys,
the same are terminated with the following exceptions:
2.1 The sanitary sewer easement found in former Water Street, running northerly from
the north line of Terrace Street is retained, until such time as the sewer line
located in the said easement is moved from the easement to a new right of way,
easement, street or alley.
2.2 The sanitary sewer line located in former Water Street along the northeasterly
boundary of the above parcel shall be retained until said line can be moved to an
alternative right of way easement, street or alley, or, in the alternative, may remain
in the event they are located in City owned lands or they do not materially
encroach on private lands.
2.3 All public or private easements or utilities or public service utilities in the
property above servicing Muskegon Mall.
3. That the termination of easements for private and public service utilities shall not include
any requirement that the facilities located in the said easements be removed, as long as
the said facilities are not "live."
G:\COMMON\5\GTJISHLINE3\C-MAC1 .RE2
4. This resolution does not purport to terminate easements granted to utility companies or
utilized by the city which are not located in the vacated streets and alleys in the above
parcel. Said separate easements shall be dealt with or resolved by the city in addition to
the action taken by this resolution.
This resolution passed.
Ayes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
_ _ _ _ _ _ _ _ , 2000. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
PREPARED BY AND WHEN
RECORDED RETURN TO:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\SHLINE3\C-MAC1 .RE2
AGENDA ITEM
The city is in a lawsuit with MAC!, one of the entities developing the mall. It is
necessary, in order to comply with a 1994 contract signed with the mall developer, that we
terminate any easements in the property known as the "Terrace Lots," which are across the street
from the mall along Terrace between Western Avenue, Terrace Street, the present railroad and
Shoreline Drive.
The resolutions presented here concern the easements that are still present in the streets
and alleys which have long since been vacated in the "Terrace Lots." Now it is necessary to
terminate the utilities. The utilities involved have all been contacted and indicate that there are
no live gas, electric or telephone lines in the former streets and alleys. In addition, there are some
public sewer, water and storm sewer lines, which still need to be dealt with, and the utility
companies have some private easements which they also appear willing to release.
Therefore, as part of the process it is necessary that the city take action along with other
releases and responses by the utility companies, to terminate these street and alley utility
easements.
G:ICOMMON\5\GT J\SHL1NE3\C·MAC 1.LTR
law offices of PARMENTER O'TOOLE
17 5 W. Applr-. Avenue • P.O. Box 786 • Muskegon, Michigon • 49443-07B6
Phone 131.722.1621 • Fox 231.722.7866or72B.2206
July 28, 2000
Ms. Gail A. Kundinger
City Clerk
City of Muskegon
Muskegon, MI 49443-0536
Dear Gail:
I would appreciate your signing the enclosed :t·,fotices and returning them to me for immediate
mailing to the utility companies. Enclosed are copies of the Resolution and Notices for your
records.
sed is an Agenda Item.
G. omas Johnson
Dir ct Dial: 231/722-5400
E- ail: gtj@pannenterlaw.com
GTJ/mmf
Enclosures
c: Mr. Bryon L. Mazade
G. Thomas Johnson John C. Schrier Jomes R. Scheuerle OfC01111.re/ Retired Poul T. Sorensen
George D. Von Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, Ill Lindo S. Koore Anno K. Urick Eric J. Fouri Arthur M. Rude George A Parmenter
Michael L. Rolf Philip M. Staffon Scott R. Sewick 1903-1993
Harold M. Street
George W. Johnson Willi om J. Meier Jennifer L. Hyllond Cyrus M. Poppen
W. Brod Groom Jeffery A Jacobson 1903-1996
G:\COMMON\5\GTJ\SHLINE3\C-MAC1.LTR
AGENDA ITEM
CITY COMMISSION MEETING
August 8, 2000
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk
DATE: August 1, 2000
SUBJECT: Seat Belt Ordinance - FIRST READING
SUMMARY OF REQUEST: To adopt the attached ordinance amending the City Code
of Ordinances, Chapter 20, Section 20-6 amending the Uniform Traffic Code
concerning mandatory safety belt usage.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Adoption of the ordinance.
COMMITTEE RECOMMENDATION: None.
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: ORABLE MAYOR AND CITY COMMISSION
FROM:
hief
DATE: July 31, 2000
SUBJ: Request for Permission to Donate Engine #21 to Ahmeek Fire
Department
SUMMARY OF REQUEST:
The Fire Department is requesting City Commission permission to donate Engine #21 to
Ahmeek Fire Department, Ahmeek, Michigan
FINANCIAL IMP ACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION
Staff recommends approval of donation of Engine #21 to Ahmeek Fire Department.
COMMITTEE RECOMMENDATION:
July 31, 2000
Honorable Mayor and City Commission
Through the City Manager
Dear Commissioners:
Engine #21, a 1974 American Lafrance 1500 gpm pumper, is going from reserve to
surplus status with the delivery of the new 2000 American Lafrance 100' aerial. I would
ask that this pumper be donated by the City of Muskegon to the Ahmeek Fire Department
in Ahmeek, Michigan.
This pumper is 26 years old and has been run on !O's of thousands of calls in Muskegon.
It has only salvage yard value for the City of Muskegon, but with some body work and
mechanical work would serve Ahmeek for several years replacing a 1950's unit now in
service.
This act of generosity on your part will better protect lives and property for citizens of
Ahmeek for some time to come.
Patrick Simpson
Fire Chief
Ahmeek Volunteer Fire Department
Ahmeek, Michigan 49901
October 12, 1999
Patrick Simpson, Fire Chief
Muskegon Fire Department
75 W. Walton
Muskegon, MI 49940
Re: America La France
1974 Fire Truck
Dear Chief Simpson:
pus is a written request to be placed on the list of departments interested in obtaining
your 1974
/ fire truck, per our conversation. I can be reached at (906) 337-1890 or my e-mail address:
tfspagnotti@portup.com . Thank you for your consideration in this matter.
Sincerely, ~ ",....
I ()~'-~L~~ t '/?5' -
Tony Spagnc~r U </Ok,-337-/ 6 :z 7
Fire Chief
Ahmeek Volunteer Fire Department
/$ 0 '(
Date: May 30, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for Case # 99-24, aka, 1212
Jefferson
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1212 Jefferson
is unsafe, substandard and 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.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This property had a fire in the basement on 10/16/98, see attached
report for damages and pictures. A police report was issued to the
Inspections Dept on 2/13/99 and a Board up Letter was sent on 2/13/99.
A Notice and Order was sent out on 6/18/99. The case was discussed
at the Housing Board of appeals on 8/5/99. An Audiotape of the
meeting can be obtained in the Inspections Department.
According to the title search done in June of 99, County taxes are due
for 1995, 1996, 1997, 1998, and 1999. Special assegsment due to the
City of Muskegon as well. Please see attached Title Search page for
taxes and special assessments.
The estimated cost to repair the structure is: $11,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
)'
Fire Department Date amend
MusRegon Fire ·oepartment
MFIRS·A
Heather Temp Hind Dir and Velodty Chante
Incident Re}oi:t Dele ed
) Dldent Incident Ho. lilo. Year Day O! Week .Alan Time Ti111e Arrive
6110 3478 J~ 10 ft 98 6 Friday 08:59 09:00
Time Clrd. jsta.
10:41 1
Incident Location: No., Street, City Apt. /Suite zi; Code Census Tract
1212 Jefferson 4 441 602
Occupant: Last, First, Mi. Phone . Contact Person
several I )
Owner: Last, -First, Mi. ~hone Mdress
McMillan 1616)122·1199 838 W. Grand
Ty~ of Situation FQund ¥pe of Action Taken Mutual Aid
1 Structure fire Extinguishment Recv Given
Fixed Pro~rty Use , Probable Act or Omission Fire Dept Use
4 2 2 J-6 apartment units 54 Short circuit E
Method of Alarm from Public Fire Dept. Use 1st Co. in Shift Alarms
7 911 95 1 1
! Fire Serv Pen on Resp. Kngines, Pu~rer Mini· Pumpers Aerials,Ladders Squadslescues Tankers Incl. Grass Fire Other F,D.
to Incident Loe 14 Respond Respond Respond Respon 2 Trailers Rigs Veh. 3
I PERSONS INJUREDJ Fire Serv 1 Non-Fire ServJI FATALITIES) Fire Servi Non-Fire Serv 1 Pers Rscd
General Profertt Use(Complex) Mobile Proberty Class Eljl!iigient Involved in Ignition
4 2 Apar men complex 8 Mobile property type n/a 9 No equipment involved
Area Of Origin Form Of Heat Causing Ignition Tyr,e Of Material First Ignited
4 o Basement 2 2 Arc cmecb. damage 6 3 Sawn wooil
Form Of Material lgnited Level Of Fire Origin Method Of JMinguishment
1 7 Structural membr 8 Below ground level 6 Hose:precon. to hydr
Building, Vehile or Other· Insurance Co. if known) Amount of Insurance Est Property Value Est Proper~ Loss
None 0.00 0.00 1 000.00
Contents · Insurance Co. (if known) Amount of Insurance Est Contents Value Est Contents Loss
none 0.00 0.00 2500.00
Number Of Stories Construction Ttpe txtent Of flame Da1Uage Extent Of Smoke Damage
2 2 stories. 8 Unprotec ed wood frame 6 Structure of origin 6 Structure of origin
Tyr Auto. Extinguisbment System Extinguishment System Performance
' No system present a No equipment present
Detector Type !Detector Power Supply Detector Performance
l 2 smoke-photoelectric prin. 1. Battery
...
only, ..
4 Not at origin-did not opr
''
IF SMOKE SPREAD
R BEYOIID ROOM OF ORIGIN
~P!
Material Gen. Most Smoke Form Of Material Gen Most Smoke
Multiple types 9 7 Multiple forms
Avenue of Smoke Travel
8 No significant avenue
IF NOBILE Year Make Model Vehicle Number License Nulllber
3 PROPERTY
IF EiU!PMENT Year Brand Name Model Serial Number
r INVO VBD
Ho. of Gal. of Mo. and Feet of Hose
Water Used Boorer l· /2' 2-112• J:f 2' Feet\ O\,er
u No. Feet 1 No.] FeetJ No. Feed No, No Feet
V 1
to.
lind ~o.Use~ ~ind .. Used Kind !"o.Used Kind !No '.Used Kind INo. Used Kind /~·Used Hnd _ to.~sed
lind 110.1Jsed !ind Ro.Used !ind Ro.1Jsed lind Ro.1Jsed lind 110.1Jsed lind Ho.1Jsed I ind IRo :Used
\ 1 1 1 1 1 1
aae,and iank of Officer in Charge at Incident /Person Making Report, If different fro1 Officer in charge
Dennis Duff, Battalion Chief
REMARKS
Muskegon Fire Department
For Incident: 3478 Exposure: 00 DATE: 10/16/98 TIME: 08:59
On 95 arrival smoke showing roof area vents.
Qn 91 arrival working fire state~.Occupants stated fire was
in balilement and eveD7one was out_s;i.de except occupant +ront
upstairs apai;tment. I ordered a primary search. Capt. Tim
Rosema and F/F Pete Hughes entered front door going up to
front apartment and relilcuing occupant.(Marvin Carey)EMS
personnel from Professional Amb.transQorted to Hackley
Hosp.24 9rew backup rescue team.Secona floor was laddered
and ventilation set up.71 & 45 entered through back door
into basement extinguishing fire.All crews cfiecked for
extension and ventilated.
Origin of fire wAs in center basement area.
Fire Inspector M.Metcalf investigating.
Batt. Chief Dennis Duff
Investigation revealed that the fire started from the
improper use of an extension cord to power a light fixture.
The cord was plugged into an outlet at one end and wrapped
around a structural member. From there the cord ran to the
east and was utilized to provide power to a light fixture.
There is evidence of electrical arcing along tfie cord where
it was wrapped around the 2x4. It is the opinion of this
investigator based on the evidence found at the scene and
statements made by the tenants that the cord had lost it's
insulation and was arcing for a period of time. This caused
pyrolisis to occur to the wood member and allowed it to
ignite at a lower ignition temperature than would normally
be required. Photographs were taken and the wire was
gathered and will be stored in our evidence locker. This
case is closed.
Robert B. Grabinski
Fire Marshal
Page 1
)
I'nci. d en t R epor t MUSKEGON POLICE DEPARTMENT 99 - 003329 -I
Inciaent No/ Date & Time Reportea Orrense: :;9uu9
99-003329-I 02/13/1999 11:12 GENERAL NON-CRIMINAL
Occurrea From: I
Occurrea Unti.L: Inciaent Location
02/13/1999 11:12 02/13/1999 11:25 1212 JEFFERSON
Current Disp I Disposea To Municipa.Lity District
CLOSED CLOSED PARKER MUSKEGON 111
Disposition Date
02/13/1999
Juveniles On.Ly?
NO
TTY Sent? I Cance.led?
NO
I
TTY numoer
Photos? I Consent? Affioavit? Optional Date/Time
NO NO NO I I ,
Officer Assigned Investigating Officer
10429 ADDICOTT, MICHAEL B
N Assisting Ofer C. Martinez Open Door
0
T
E
s coPv to Inspections
Name/Annress/Pnone I Description
p NO PERSONS
Description/Name/Comments IMake/Model;Statl Serial No./Qty/Value
NO PROPERTY
Status/P.Late Tvoe/VIN I Req/Evin1Va.Lue1 Descriotion
NO VEHICLES
Cateqory I Description
NO M.O. INFORMATION
{/J91
rpt_revt.c 1.41 Date Printea: 02/13/1999 Page 1
Continued MUSKEGON POLICE DEPARTMENT 99-003329-I
Incident No
99-003329-I
I Date & Time Reportea
02/13/1999 11:12
I ULfense: 9~u09
GENERAL NON-CRIMINAL
N TAKEN FROM WORDPERFECT DOCUMENT 99003329.001
A Officers were dispatched to 1212 JEFFERSON. The door to the upper
R rear Apartment off the landing was unsecured. The house has boards
R covering the doors & windows due to a house fire.
A
T We checked the interior. No one was located but the strong odor of
I rotting trash was over powering. Garbage from a refrigerator was
V all over a kitchen. Litter was all about the apartments.
E
We could not lock the door. Unknown who the owner of the property
is. Request a copy of this report be sent to Inspections - the
owner should be notified to again cover the door.
Cleared at ll:25A M. Addicott #61
rpt_revt.c 1.41 Date Printed: 02/13/1999 Page 2
Amrmauve Action
.,wm-6103
Assessor
6161724-6708
Cemelery
6 I61724-6783
Clvll Service West MJddgan's Sllordlne 0ty
6161724•6716 NOTICE AND ORDER
Clerk June 18, 1999
616/724·6705
C. N. Services Michael DeWald
6161724·6717
P. 0. Box 741
Warsaw, In. 46580
Engineering
6161724•6707
Dear Property Owner:
Finance
6161724•6713 Subject: 1212 Jefferson
N ½ Lot 2, Block 384
Fire Dept.
6161724•6792 The City of Muskegon Building Official has recently inspected the subject property and has
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Income Tax Code.
6161724-6770
As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
Inspections structures within thirty (30) days.
616/72.f.6715
If you elect to repair the structures, you must secure all required permits and physically ·
Leisure Sen'ice
6161724•670.f
commence the work within thirty (30) days from the date ofthis order.
Should you have any questions concerning this matter, please do not hesitate to contact our
\lanager's Office
6 16/72.f•672.f Building Official, Jerry McIntyre at 724-6715.
\layor·s Office
Sincerely yours,
6161724-6701
Plannlng/Zonlng
616172+6702
Daniel Schmelzinger
Director, Neighborhood and Construction Services
Police Dept.
6161724•6750
Public Works
616/726•4 786
Treasurer
616/724·6720
Water Depl.
616172.f-6718
City of \luskegon. 933 Terrace Street. P.O. Box 536. Muskegon. Michigan 49443·0536
.\rrtrmallve Acllon
6161724-6703
Assessor
6161724-6708
Cemetery
6161724-6783
Clvll Service Wrst Mlcbl@an's Shorellne Oty
616/724-6716
CITY OF MUSKEGON
Clerk
6161724-6705 NOTICE OF HEARING ON
DANGEROUS AND UNSAFE CONDITIONS
C. N. Services
6161724-6717
DATE: July 20, 1999
Engineering
6161724-6707
TO: MikeDeWald
Finance
6161724•67 i 3
SUBJECT: Dangerous Building Case #99-24 - 1212 Jefferson
Fire Dept.
6161724•6792
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
~n1ci,~~}~~70 of Muskegon will be held on August 5, 1999 at 5:30 p.m. at the Muskegon City Hall
Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.
Inspections
6161724-6715
The structure has been inspected by officials from the Neighborhood and Construction
Services Department and it is alleged that it has defects as listed on the attached page(s).
Leisure Service
616172-1·6704
The defects are violations of Section 4-23 of the Muskegon City Code which defines
:-.tanager's Office
dangerous buildings.
6161724·672-l
At the hearing, the Neighborhood and Construction Services Department will present
:O.layor's Office testimony regarding the alleged defects. You are advised that you or your representative
616172-1·6701
may cross examine the City's witnesses and you may present testimony in your own behalf
and call witnesses in your own behalf. We encourage you to attend the meeting since it is
Plannlng/Zonlng always better if someone is available to answer any questions the Board may have.
6161724•6702
Neighborhood and Construction Services
Police Dept.
616172-t-6750
City of Muskegon
Public Works
6161726·4 786
Treasurer
616172-1·6720
Water Dept.
6161724•6718
City of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon, Michigan 49443-0536
.,,.
For The Inspection Dept. 407274
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Donald McMillan, 1212 Jefferson Apt 2, Muskegon, MI
Michael DeWal~ 836 W. Grand, Muskegon, MI 49441
PROPERTY 1212 Jefferson S,.c.. \o.J.. '? P.j~
PLATE# 05812
DESCRIPTION North 1/2 of Lot 2, Block 384
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 1427
PAGE: 254
DATE OF DEED: October 2, 1987
GRANTOR: Mary Frances Cloetingh
GRANTEE: William G. Zimmerman
LIENS OR MORTGAGES: Land Contract - Liber 1472, Page 857
Memorandum of Land Contract - Liber 1621, Page 695
DATE: June 4, 1999 at 8:00 AM
Connie Johnson
ABSTRACTED BY:
TRANSNATION TITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and
not to be relied upon as evidence of title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
File Number - 407274
TRANSNATION TITLE INSURANCE COMPANY
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
The North 1/2 of Lot 2. Block 384. Revised Plat (of 1903) of the City of
Muskegon. as recorded in Liber 3 of Plats. Page 71. Muskegon County Records.
Permanent Property No. 31-30-278-005
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special l1Iprovement Assessments unpaid, sold, subject to rederrption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the City of Muskegon after said information has been received by the Treasurer in the form of an
assessment roll. This report also includes, but without any representation by Transnation Title Insurance
Corrpany as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if
any, are not included in this report.
CITY OR VILLAGE TAXES
No 1999 City taxes.
STATE AND COUNTY TAXES
1995 County tax due in the amount of $1,049.33. plus penalties and
interest.
1996 County tax due in the amount of $1,034.29. plus penalties and
interest.
1997 County tax due in the amount of $1,121.58, plus penalties and
interest.
1998 County tax due in the amount of $1,004.44. plus penalties and
interest.
SPECIAL ASSESSMENTS
City of Muskegon invoice due in the amount of $240.00. plus penalties
and interest.
City of Muskegon infraction(s) due in the amount of $276.00. plus cost
and penalties. Contact District Court for payoff.
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
.. v, ,u.rU/t I • continued Page 2
ffe Number • 407274
Delinquent water usage due in the amount of $331.15. plus penalties and
interest.
TAX SALES
State Equalized Value $18,900.00.
Taxable Value $18,486.00.
Tax Code No. 24-0005812.
NOTE: No Homestead filed.
Connie Johnson
By-co_n_n-ie~L-.-J-o-nn_s_o_n_________
Date• June 4. 1999 at 8:00 AM
CLJ/dej
The above information is to be used for reference purposes only and not to be
relied upon as evidence of title and/or encumbrances. Accordingly, said
information is furnished at a reduced rate. and the Company's liability shall in
no event exceed the amount paid for said information. Should evidence of title
and/or encumbrances be desired. application for title insurance should be placed
with Insurance Company.
MEMBER OF MICHIGAN I.AND TITLE ASSOCIATION AND AMERICAN I.AND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
/DI
Date: August 1, 2000
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf_,r:,,
RE: Brownfield Redevelopment Plan- Fee Amendment
SUMMARY OF REQUEST: To amend the Master Fee Schedule to
include the fee of $2,500 for a Brownfield Redevelopment Plan
Amendment for a Single-Business Tax Credit (SBT) and $2,500 plus
expenses for an Amendment that includes an SBT and a tax capture.
FINANCIAL IMPACT: The City will receive the fee for the amendment
process. Currently, the City is financing these costs, which include City
staff time, two public notices in the Muskegon Chronicle, letters mailed
to taxing jurisdictions, and the costs associated with our Brownfield
consultant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the amendment to the
Master Fee schedule for amendments to the Brownfield Plan.
COMMITTEE RECOMMENDATION: The City Commission Work
Session will consider this at their August 7, 2000 meeting.
City of Muskegon
Brownfield Redevelopment Authority
Brownfield Plan Amendments
General Information & Procedures
DRAFT
July 27,2000
What are the advantages of being included in the Muskegon Brownfield Plan?
Inclusion in the Brownfield Plan will enable your business to become eligible to claim 10% of the cost of
your property improvements (demolition, construction, restoration, alteration, renovation, or improvement
of buildings, and the addition of machinery, equipment, and fixtures) as a credit toward your Michigan
Single Business Tax liability, up to a $1,000,000 tax credit. This credit is subject to the approval of the
State Treasurer.
Inclusion in the Brownfield Plan also provides the City with the option of using tax increment financing to
reimburse you for "eligible activities". These may include:
I) Environmental Response Activities, including Baseline Environmental Assessments, Due
Care Plans, and other response activities.
2) Demolition
3) Infrastructure Improvements
4) Site Preparation
5) Lead and Asbestos Abatement
Do you want to be in the City of Muskegon Brownfield Plan?
First, you need to ask yourself the following questions:
1) Does my business pay the Michigan Single Business Tax?
2) Is my site a "facility"? ("Facility" is defined by Part 201 ofNREPA as property where the
concenh·ation of a hazardous substance in soil or groundwater exceeds the applicable
Michigan Generic Cleanup Criteria.)
3) Is my property considered "Blighted"? Blighted is defined by P.A. 381 of 1996, as amended,
as property that meets any of the following criteria:
a) Has been declared a public nuisance in accordance with a local housing, building,
plumbing, fire, or other related code or ordinance;
b) Is an attractive nuisance to children because of physical condition, use, or
occupancy;
c) Is a fire hazard or is othe1wise dangerous to the safety of persons or property;
d) Has had the utilities, plumbing, heating, or sewerage pennanently disconnected,
destroyed, removed, or rendered ineffective so that the property is unfit for its
intended use.
4) Is my property considered "Functionally Obsolete"? Functionally Obsolete is defined by P.A.
3 81 of I 996, as amended, as "unable to be used to adequately perform the function for which
it was intended due to a substantial loss in value resulting from factors such as overcapacity,
changes in technology, deficiencies or superadequacies in design, or other similar factors that
affect the property itself or the property's relationship with other surrounding property."
Ifyou answer yes to any of the questions above, the following steps should be taken.
1) Contact the City of Muskegon Planning & Economic Development Depmtment (Cathy Brubaker-
Clarke, Director; 231-724-6702) to discuss your project. lfthe project is feasible (appropriate
development, proper zoning, eligible according to the applicable statute, etc), you will be referred to
our Brownfield Consultant.
2) Contact Muskegon's Brownfield Consultant to discuss project eligibility and feasibility from the
company's standpoint (does it make sense for your company to pursue this incentive, or are other
avenues more appropriate?)
3) Once the decision is made to proceed, you will work with both the consultant and the City of
Muskegon to provide the appropriate documentation for the Plan amendment. The City and our
consultant will determine whether the project is eligible for reimbursement of eligible activities
through tax increment financing, is eligible for the Single Business Tax (SBT) Credit, or is eligible for
both. If eligible for the tax-captnre element of the Plan (i.e., ifnot within a current area of the City
where taxes are being captnred and the use of the property is appropriate for the area), the Brownfield
Consultant and the City will determine what eligible activities may be reimbursed through tax
increment financing. The amendment to the Brownfield Plan will be presented to the Brownfield
Redevelopment Authority for approval, then to the City Commission for a public hearing.
4) If approved by the Muskegon City Commission, the Plan will be amended to include your property.
The City will notify the County Assessor in order to make the necessary changes (if needed) to the
property tax information.
5) It will be the company's responsibility to work with your accountant and the Michigan Department of
Treasury to take advantage of the SBT Credit authorized by the Brownfield Authority Plan.
6) If eligible and approved for a tax capture on your property, it will be necessary for your company to
pay the initial costs for environmental clean up and improvements to your property. The County
Assessor will supervise the captnre of taxes, which will be used to pay the company back for the
eligible costs incurred.
Note. There is an administrative fee for inclusion in the Brownfield Plan. These costs include mailings to
taxing jurisdictions, two publications in the Muskegon Chronicle announcing the public hearing and the
consultant's expenses. The fee for inclusion in the Brownfield Plan is $2,500 if only a Single-Business
Tax Credit is requested. If a tax-capture is involved, any costs that exceed the $2,500 fee will be
included in the tax-capture amount.
AGENDA ITEM
CITY COMMISSION MEETING August 8, 2000
HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Lee Slaughter, Assistant City Manager
DATE: August 1, 2000
Video Taping of City Commission Meetings
SUMMARY OF REQUEST
The current contract with the vendor for Video Taping the City Commission meetings
expires on August 18, 2000.
The City of Muskegon recently completed the bid process for this service for the next
contract period, which is set at one-year with the option of extending for a second year at
the agreement of both parties. The results of the bid process produced 3 bids:
Creative Video Productions - Grand Haven, Ml. Cost: The bidder stated a per meeting
cost of $849 based on 26 meetings. However, the RFP stated 2 meetings per month at a
contract duration of 12 months, which equals 24 meetings. This would bring the adjusted
per meeting cost to $919.75
P.A. Ente1iainment, Inc. - Muskegon Heights, Ml. Cost: The bidder submitted a per
meeting cost of $800.00 with a lump sum bid for the year of $24,000. However, this
equals 30 meetings per year. As stated above, 2 meetings per month for 12 months
equals 24 meetings. The adjusted per meeting cost for this bidder would be $1000.00.
Advanced Video Presentations - North Muskegon, Ml. Cost: The bidder submitted a per
meeting cost of $1170.00, which is a lump sum of $28,080 for the year. This is based on
the 24 meetings per year schedule.
Based on the specifications outlined in the RFP and the quality of the responses from the
bidders, staff recommends awarding the contract to the highest bidder, Advanced Video
Presentations. Attached, please find information further discussing the proposals and a
copy of the original Request For Proposal that outlined the City's requirements for
bidders. Copies of the video tapes submitted by each bidder along with their proposals
are available in the City Manager's Office for your review.
FINANCIAL IMPACT
$28,080
BUDGET ACTION REQUIRED
None at this time. Funds are currently budgeted for this contractual service.
STAFF RECOMMENDATION
To award the contract for video taping of City Commission meetings to Advanced Video
Presentations at a cost of $28,080 per year. Incidentally, it is worth mentioning that the
lump sum on this company's first contract with the City of Muskegon was $14,032 for 6
months; at a 12-month cost of $28,064. This equates to a mere $16.00 increase from the
company's first bid to their current bid.
CITY OF MUSKEGON
AGREEMENT FOR VIDEOTAPING AND PRODUCTION
OF CITY COMMISSION MEETINGS
THIS AGREEMENT is made and entered into ·fultj k 5 +
:L I , 2000, by and
between the CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan ("CITY"), and ADVAN CED VIDEO PRESENTATIONS, INC., a
Michigan corporation of2305 Ruddiman Drive, North Muskegon, Michigan 49445
("CONTRACTOR"), with reference to the following facts:
A. On July 17, 2000, CONTRACTOR submitted a proposal for videotaping and
production services for the City of Muskegon and to perform such other services as may be
incidental thereto ("the Services").
B. On August 8, 2000, CITY approved CONTRACTOR's proposal for the Services
for one year to commence on August 22, 2000.
THEREFORE, in consideration of the following mutual agreements and covenants, it is
understood and agreed by and between CITY and CONTRACTOR as follows:
I. STATEMENT OF SERVICES PROVIDED. CONTRACTOR shall furnish all
supervision, technical personnel, labor, materials, equipment, and services, and perform and
complete in a good and workmanlike manner all the Services required to be performed pursuant
to this Agreement, NAMELY: the videotaping and production and post production services, in
accordance with the scope of services set forth in Exhibit A and in accordance with Exhibit B,
consisting of CONTRACTOR'S proposal and attached description of services, for the
videotaping, production and post production of the City Commission meetings.
2. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to
accept, in full consideration for the faithful and complete performance of CONTRACTOR'S
obligations under this Agreement, the sum of Twenty-eight Thousand Eighty ($28,080.00)
Dollars, the said lump sum price being based on a per meeting price of One Thousand, One
Hundred Seventy ($1,170.00) Dollars per City Commission meeting. Payments shall be made
on a monthly basis.
3. CONTRACT. The contract between the parties shall consist of this document
··-and-aUsc:hedules, exhibits and attachments; in:cludingthe:tesp,mse·by:CONTRACTOR to•
CITY'S request for proposals.
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This contract, together with other documents enumerated in this paragraph 3,
which said other documents are as fully a part of the Agreement as if they were attached or
repeated in this document, form the contract between the CITY and CONTRACTOR.
4. EQUIPMENT. All equipment and facilities used by CONTRACTOR shall be
subject to inspection for safety and subject to approval or rejection by CITY at any time.
Rejected equipment must be replaced by CONTRACTOR as soon as reasonably possible.
5. TERM AND COMMENCEMENT. The term of this contract shall be August
22, 2000 to August 22, 2001. The CITY shall be under no obligation to renew this term.
CONTRACTOR shall commence work on the City Commission meeting on August 22, 2000,
and shall perform in accordance with the terms and conditions set forth in the attached exhibits.
6. OWNERSIDP OF COPYRIGHT. The entire right, title, and interest in the
production and in the copyright, when completed, shall, subject to other provisions of this
Agreement, remain in the CITY, and the CITY shall be entitled to assign the copyright with all
its rights and obligations under and pursuant to this Agreement.
7. TECHNICAL DETAILS. CONTRACTOR shall conform to any reasonable
request or technical advice furnished by the CITY from time to time for the purpose of improving
the quality of the Services.
8. STORAGE OF THE NEGATIVE. The production of each City Commission
meeting shall be deemed completed when CONTRACTOR delivers to the CITY one (1)
completed videotape. The negative or master tape of the production shall be retained by
CONTRACTOR at all times in its vault. CONTRACTOR shall be under no obligation to insure
the negative or master tape, and shall hold the same at the CITY's risk.
9. ADDITIONAL PRINTS. After the production for each City Commission
meeting is completed, if the CITY desires additional prints, the CITY shall order the same from
CONTRACTOR, and CONTRACTOR shall furnish such prints to the CITY in a quality
substantially equal to that furnished by CONTRACTOR at the time of delivery of the production,
at CONTRACTOR's then usual per foot charge for similar prints. CONTRACTOR may not
release additional prints to anyone except the CITY without the written consent of the CITY.
10. CITY'S OPTIONS ON CONTRACTOR'S DEFAULT IN PERFORMANCE.
In the event CONTRACTOR fails to perform the videotaping and production services described
in this Agreement, in the sole judgment of CITY, or fails to perform the work in the manner
r~guired by this Agreement and by th\l reasonablerequirements of CITY, and provided such · : -
failure is not due to war, insurrection, riots, act of God, or any other cause reasonably beyond
CONTRACTOR'S control, the CITY may: (1) at its option, after written notice to the
CONTRACTOR, take over and operate any or all of CONTRACTOR'S equipment used in the
performance of this Agreement; (2) use and operate the same itself until such matter is resolved
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and CONTRACTOR is again able to carry out its operation under this Agreement; or (3)
terminate this Agreement. Any and all expenses incurred by CITY in such substituted
performances may be deducted by CITY from the compensation due CONTRACTOR.
During such period, the liability of CITY to CONTRACTOR for loss or damage
to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being
specifically exempt from such liability. ·
If CONTRACTOR is unable for any cause to resume performance at the end of
thirty (30) calendar days after the first recognized failure to perform, all liability of the CITY
under this Agreement to CONTRACTOR shall cease and the CITY shall be free to negotiate
with other contractors for the performance of the Services. Any contract entered into with
another contractor shall not release CONTRACTOR of its liability to CITY for such breach of
this.Agreement.
11. NON-ASSIGNMENT. CONTRACTOR shall not assign or transfer, whether by
an assignment or novation, any of its rights, duties, benefits, obligations, liabilities or
responsibilities under this contract without the written consent of the CITY.
12. TERMINATION OF CONTRACT. In addition to the termination provisions
set forth above, the CITY may terminate the contract under the following circumstances:
12.1 If CONTRACTOR refuses or fails to perform the Services with such
diligence as will ensure its completion within the time, in the manner or with the required
quality specified, or as amended, in these contract documents, the CITY may, by written
notice, terminate CONTRACTOR'S right to proceed with the Services.
12.2 CONTRACTOR shall be liable to the CITY for additional cost incurred by
the CITY in its continuation of the Services during the balance of the term.
12.3 In the event of any termination, the Contract price shall be limited to the
services performed to the date of termination, utilizing the per meeting price set forth
above.
13. OBEYING LAWS. CONTRACTOR shall, in performing its work, obey all
statutes, regulations and ordinances of any governmental authority, including, but not limited to,
the United States Government, the State of Michigan, the County of Muskegon or the City of
Muskegon.
14. INSURANCE & INDEMNITY. CONTRACTOR will be required to comply
with the following insurance and indemnity requirements:
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14.1 Hold Harmless Agreements: To the fullest extent permitted by law,
CONTRACTOR agrees to defend, pay in behalf of, indemnify, and hold harmless the
CITY, its elected and appointed officials, employees, volunteers and others working on
behalf of the CITY against any and all claims, demands, suits, or loss, including any costs
connected therewith, and for any damages which may be asserted, claimed or recovered
against or from the CITY, its elected and appointed officials, employees, volunteers, or
others working on behalf of the CITY, by reason of personal injury, including bodily
injury and death, property damage, including loss of use thereof, and/or the effects of or
release of toxic and/or hazardous material which arises out of or is in any way connected
or associated with this contract. The obligation to defend and hold harmless extends to
CONTRACTOR'S employees, agents, subcontractors, assigns and successors.
14.2 Contractor Insurance Requirements: CONTRACTOR shall not commence
work under this contract until obtaining the insurance required under this paragraph. All
coverage shall be with insurance companies licensed and admitted to do business in the
State of Michigan and Best Rated A VIII. All coverages shall be with insurance caiTiers
acceptable to the CITY.
I 4.2.1 Workers' Compensation Insurance: CONTRACTOR shall procure
and maintain during the life of this contract, Workers' Compensation Insurance,
including Employer's Liability coverage, in accordance with all applicable
Statutes of the State of Michigan.
14.2.2 General Liability Insurance: CONTRACTOR shall procure and
maintain during the life of this contract, commercial General Liability Insurance
on an "Occurrence Basis" with limits of liability not less than One Million
($1,000,000) Dollars per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall include the
following extensions: (a) Contractual Liability; (b) Products and Completed
Operations; (c) Independent Contractor's Coverage; (d) Broad Form General
Liability Extensions or equivalent; (e) an Endorsement Covering CITY Liability
for Defamation, Libel, Slander, and Invasion of Privacy; and, (f) an Endorsement
Covering CITY Liability for Copyright Infringement.
14.2.3 Motor Vehicle Liability: CONTRACTOR shall procure and
maintain, during the life of this contract, Motor Vehicle Liability Insurance,
including Michigan no-fault coverage, with limits of liability of not less than Five
Hundred Thousand ($500,000) Dollars per occurrence or combined single limit
·- -=-~-__ Bodily Injury and Property Damage:~CovetageshaU-iiic1ude all owned vehicles,
all non-owned vehicles and all hired vehicles.
14.3 Additional Insured: Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement stating the
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following shall be "Additional Insured:" The CITY OF MUSKEGON, all elected and
appointed officials, all employees and volunteers, all boards, commissions and/or
authorities and board members, including employees and volunteers thereof.
14.4 Cancellation Notice: Workers' Compensation Insurance, General Liability
Insurance, and Motor Vehicle Liability Insurance, as described above, shall include an
endorsement stating the following: "It is understood and agreed that thirty (30) days
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or Material
Change shall be sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT.
14.5 Proof ofinsurance Coverage. CONTRACTOR shall provide the CITY at
the time the contracts are returned by him for execution, certificates and policies as listed
below:
14.5.1 Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance
14.5 .2 Two (2) copies of Certificate oflnsurance for Commercial
General Liability Insurance
14.5.3 Two (2) copies of Certificate ofinsurance for Vehicle Liability
Insurance
14.5.4 If so requested, certified copies of all policies mentioned above
will be furnished.
If any of the above coverage expires during the term of this contract,
CONTRACTOR shall deliver renewal certificates and/or policies to CITY at least
ten days prior to the expiration date.
15. LEGAL COMPLIANCE: EMPLOYMENT. CONTRACTOR shall comply
with all federal, state and local laws and regulations concerning equal opportunity, affirmative
action, hiring of handicapped and Vietnam War Veterans, and all civil rights laws in connection
with the performance of its contract in the hiring of employees.
16. NOTICES. All communications concerning the performance of
CONTRACTOR shall be sent, either by hand delivery, electronic transmission, or first-class mail
to the following persons:
Ms. Lee J. Slaughter
Assistant City Manager
City Hall
933 Terrace Street
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Muskegon, MI 49440
Phone: (231) 724-6724
Fax: (231)/722-1214
Mr. Andy Maciejewski
Advanced Video Presentations, Inc.
2305 Ruddiman Drive
North Muskegon, Michigan 49445
Phone: (231) 744-7009
Fax: (231) 744-4659
17. NO THIRD PARTY BENEFICIARY. This Agreement shall benefit only the
parties to this Agreement, and not any third party.
18. COUNTERPARTS. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts shall constitute one and the
same Agreement. ·
19. ENTIRE AGREEMENT. This Agreement and the exhibits attached constitute
the entire agreement and supersede all prior agreements and understandings, both written and
oral, with respect to the subject matter hereof.
Signed in the presence of: CITY OF MUSKEGON,
a Michigan municipal corporation
B~~ ~1~«11
Fred J.N' ~, Mayor ,
And~Q_L~
Gail A. Kundinger, Clerk
ADVANCED VIDEO PRESENTATIONS, INC.,
_:zj_f. lL,th //>-! ,&,wttce..Jd"
·, Vice-President
,/
(~~lx' ,,,{tif">u!. .,
//
,J;,/
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Commission Meeting Date: August 8, 2000
Date: July 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Public Hearing - Request for the Establishment of an
Industrial Development District - Hardwoods, Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Hardwoods, Inc. 1885 E. Laketon
Avenue, Muskegon, Michigan, has requested the establishment of an Industrial
Development District for property located at 1885 E. Laketon Avenue, Muskegon,
Michigan. The project will result in the creation of 10 new jobs and $506,400 in private
investment.
FINANCIAL IMPACT:
Certain additional income and property taxes will be collected.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing the Industrial Development District for
Hardwoods, Inc.
COMMITTEE RECOMMENDATION:
None
7/21/2000 1
Resolution No. 2000-78 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING REQUEST
FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT
HARDWOODS, INC.
WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, the City
of Muskegon has the authority to establish an "Industrial Development District" within
the City of Muskegon; and
WHEREAS, Hardwoods, Inc. 1885 E. Laketon Avenue, Muskegon, Michigan, has
requested the City of Muskegon to establish an Industrial Development District on
property located at 1885 E. Laketon Avenue, Muskegon, Muskegon hereinafter
described; and
WHEREAS, Hardwoods, Inc. will locate production facilities within the Industrial
Development District; and
WHEREAS, construction, acquisition, alterations, or installation of proposed machinery
and equipment has not commenced at the time of filing the request to establish this
district; and
WHEREAS, written notice has been given by mail to all owners of real property located
within the proposed district, and to the public by newspaper advertisement in the
Muskegon Chronicle and public posting of the hearing on the establishment of the
proposed district; and
WHEREAS, a public hearing on the establishment of an Industrial Development District
was held on August 8, 2000, at the regular City Commission meeting at the Muskegon
City Hall at which time all of the owners of real property within the proposed district, all
residents and taxpayers of the City of Muskegon, and the affected taxing jurisdictions
were afforded an opportunity to be heard thereon.
NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission deems
it to be in the best interest of the City of Muskegon that the following described land
situated in the City of Muskegon, Muskegon County, and the State of Michigan, to wit:
South 660 feet of the North 726 feet of the West 660 feet of the East 1/2 of the NW 1/4 of
Section 34 T10N R16W, except that part lying Northerly of a line 50 feet Southerly ofand
parallel to the centerline of Laketon Avenue, except the W 342.5 feet thereof.
Be and here established as an Industrial Development District pursuant to the
provisions of Act 198 of the Public Acts of 1974 to be known as Hardwoods, Inc.
Development District No. 2000-78(a)
7/21/00
BE IT FURTHER RESOLVED that the Industrial Development District will be rescinded
following the completion of capital acquisition and/or improvement activities.
Resolution declared adopted.
Ayes: Shepher d , Sier adzki , Spatar o, Aslakson, Benedict, Nielsen , Schweifler
Nays: None
Absent: None·
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, Cou ty of Muskegon,
Michigan, at a regular meeting held on August 8, 000.
7/21/00
mTtltttttti I 1·· CIJ __Li L ) v
Laketon Avenu_~ --
-------------
Commission Meeting Date: August 8, 2000
Date: July 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ)_,c_
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate - Hardwoods, Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Hardwoods, Inc., 1885 E. Laketon
Avenue has requested the issuance of an Industrial Facilities Exemption Certificate.
Total capital investment for this project is $506,400 in personal property. The project
will result in the creation of 10 employment opportunities. Hardwoods, Inc. is a start up
company with no current labor force.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of (8) years.
COMMITTEE RECOMMENDATION:
None
7/21/2000
Resolution No. ?000- 78 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
HARDWOODS, INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing
held on August 8, 2000, this Commission by resolution established an Industrial
Development District as requested by Hardwoods, Inc. 1885 E. Laketon Avenue,
Muskegon, Michigan 49442; and
WHEREAS, Hardwoods, Inc. has filed an application for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to a new machinery and equipment to be
installed within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a public
hearing on August 8, 2000, at the Muskegon City Hall in Muskegon, Michigan at 5:30
p.m. at which hearing the applicant, the assessor and representatives of the affected
taxing units were given written notice and were afforded an opportunity to be heard on
said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months
before July 21, 2000, the date of the acceptance of the application for the issuance of
an Industrial Facilities Tax Exemption Certificate; and
WHEREAS, installation of machinery and equipment is calculated to and will have the
reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon,
Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City
of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit,
plus the SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate
considered together with the aggregate amount of certificates previously granted
and currently in force under Act No. 198 of the Public Act of 1974 as amended and
Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the
City of Muskegon. ·
2) The application of Hardwoods, Inc., for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment
on the following described parcel of real property situated within the City of
Muskegon to wit:
7/21/00 2
South 660 feet of the North 726 feet of the West 660 feet of the East 1/2 of the NW
1/4 of Section 34 T10N R16W, except that part lying Northerly of a line 50 feet
Southerly of and parallel to the centerline of Laketon Avenue, except the W 342.5
feet thereof.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain
in force and effect for a period of eight (8) years on personal property.
Adopted this 8th Day of August 2000
Ayes: Spataro, Aslakson, Benedict, · Nielsen, Schweifler; Shepherd,
Sieradzki
Nays: None
Absent: None
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 r gular meeting held
on August 8, 2000.
7/21/00 ' 3
City of Muskegon
Industrial Development District
Summary Sheet
Company Summary:
Hardwoods, Inc. 1885 E. Laketon Avenue has requested the issuance of an Industrial
Facilities Exemption Certificate. Hardwoods is installing $506,400 in personal property and is
creating 10 new employment opportunities within the City of Muskegon. Hardwoods is a newly
formed company that will manufacture hardwood floors for application in class "A" freight trailers.
Due to the fact that the company is creating 10 new employment opportunities, it is eligible for a
two (2) year employment bonus in addition to the standard six (6) year exemption for personal
property.
Employment Information:
Racial Characteristics:
White 0
Minority 0
Total 0
Gender Characteristics:
Male 0
Female 0
Total 0
Total No. of Anticipated New Jobs: 10
Investment Information:
Real Property: $0
Personal Property $506,400
Total: $506,400
Property Tax Information: (Annual) All Jurisdictions City Only
Total New Taxes Generated $13,672 $2,557
Value of Abatement $6,836 $1 ,279
Total New Taxes Collected $6,836 $1,279
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $1872
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full e No
i : 6riate Zoning Yes No
7J)7/4 -~
Matthew Dugener KenJ:£ •~
Business Developmen Affirmative Action
·"-•-·----··-- -· ··-,. -·-
1012 (- . MIil L-4380
,
APPUCATION FOR INDUSTRIAL FACIUTIES_EXEIIPTION CERTIFJCATE
This fonn is issued as provided by P.A. 198 of 1974. as amended. Section ·references on this farm a,e to specific sections of the act that
explain or require the data. Filing of this fonn is voluma,y. The application should be flied after the cftstrictis established and no
later than (within) six months after the commencementof the pro;ect. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this fonn and
the required attachments (five complete sets) with the clerk of the local govemment unit. (The State Tax Commission
requires four complete sets (one original and three copies)). One copy is retained by the cleric.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR use BY THE OFFICE OF
Clerk must also complete sections 19 and 20. page 3. THE STATE TAX COMMISSION
Signa1ure Applicanon No.
Date Recerved Date Received J Written Agreemen1?
Ap,,licant. do no, . . -abcwe this lin11. Begin en1n11s at 1below.
• YES ONO
la. Applicanl (Company) Nam11 (Applicant nwst bit Ille occupanl/OC)IIUllrot lie lacility)
b. Standlld Industrial Classifica1ion Code (Sec. 2(10))
Hardwoods Inc. -' Four 091 Code q> 2 I 4 12 16
c. CompanyMail11)9 Address (No. and Slreltt. P.O. Box, City, S!allt. ZIP)
And time applicants attach copy of Worlltr's
1270 Figge Road, Muskegon, MI 49445 Comptt1Mtion policy dl1playing workers codQ
d. Location of Facili!y (No. and Street. Ci!y, State. ZIP) (Allzfl L119al OIISCnpUOII) e. City/Twp.Millage f. County
1885 E. Laketon Ave., Muskegon, MI 49442 City of Muskegon Muskegon
2. Type of Approval Reques1ed · See
attachment #1 for legal. 3. School Oislrict Wht118 FaatitV is locate<! a. School Code
[xj NEW (SEC. 2(4)) •
SPECULATIVE BUR.DING (SEC. 3(8)) Orchard View 61190
D TRANSFER (ol aisling cenifieate) (1 copy only) 4. How Many YltalS at Exemp11>11 Reques1ea? (See note m box 19 regarding
• REHABILITATION (SEC. 3(1)) •RESEARCH and OEVB.OPMENT (SEC. 2(9))
5. Explain Apphcanl's Pnnc1pal Type of Busmess (Deiaueo d ~ ol aper.wons)
inclusion of the woros "altercompletion.") 12
Hardwoods, Inc. will manufacture hardwood floors for applicaiton in
Class II A II trailers within the U.S.A.
6a. Rehabil~aliOn Applicants Only: Gen11ra1 Oescripuon and Useol Exislingf'acility (Number of buildings, iype, S1Z1t, use. produas manufactured, lyplt of resaarcn or develOpmenL)
"NA"
b. Explain Degree and Type of Obsotescence Atf~mg Exisnng Faciticy.
"NA"
7. Oescnbe P10jecl for Which Exempllon IS Sough! (TYPII ol lmpl'Oftfflltl'IIS 10 Land, Building; Sile ol Addilion; P1trsonal Property Acquired• Explain New· Used, Transfered from
Ou1-of-Sta1e. e1c.) and Proposed Use ol Faciury
This is a start-up company with new or rebuilt equipment. (Rebuilt
equipment purchased out-of-state -- never been taxed in Michigan.)
..
a. a. Cost of land improvements (Itemize) Excluding costof land ---·----·-·---···----·· $ ::I
0.00
b. Cost of building improvements. (List major types &cost on attachment.)
Building permit required (See instructions on page 4, item 4) ------············ b 0.00
c. Cost of machinery and equipment. (Itemize: month, day & year and total
on attachment; see instructions on page 4, item 2) ------·--·-·---· ................. C 506,000.00
d. Cost of furniture and fixtures. (Itemize: month, day & year on
attachment; see instructions on page 4, item 2) - - - - ·-·---·-..··--------··········· d 0.00
TOTAL PROJECT COST_______ .............. .......... - --··-- ..._...._............. $ 506,400 ._00
Continue on Page 2
10t2(PIOll2)
9. List Time Schedule for Start and Finish of Construction Stages and Equipment lnstaUation. Project dates must be projected and completed
·within a two year period. (Sea Instructions, page 4, ttems 2 and 4.) . · .
NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than •.•
6 months before this application is filed. Estimate dates when applicable.
Bagin(MIDN) End(MIDN)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL OATES. (REFERENCE TO Real Property Improvements: NA NA
SEE ATTACHMENTS NOT ACCEPTABLE).
Personal P"""""" lmorovements: 8/10/00 1?/MI00
108 Are the Buildings 0wned or Leased by the Operator al Iha FaclUty? 0 OWNED Qg LEASED ,.....,.,.... _,
b. Is Applicant Liable far Payment al Ad Valaram Taxes an This Property? IKJ YES • NO
c. Are Machlneiy and Equipmen~ Fumltura and Fixtures 0wned or
Leased bv the Operator of this Facility?
11. Will the Property for Which This Application is Filed be Included In an:
OWNED • [5ll LEASED,.....,.-~ ..,..,,..,._,
a. State Enterprise Zone or State Renaissance Zone
Clerk's Certfficalilln
•0 YES
YES
Ix] NO
!Kl NO
b. 307 Sile Contaminated Property File Number
12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. ~
a. Enter total number of employees at site prior to start of project. 0
b. Number of existing jobs that can be identified at this site 1hat will be retained as a result of this project? ······-- 0
c. Number of new jobs at this site expected to be created within 2 years of project completion? •. 10
.. ·eel caused or will ii cause, a relocation of employmentfrom one or more
Michigan govern •~ •he unit in which the project is or will be located?
a. 0 YES • NO I b. Nu..,., ol J - Involved in • , ' s Location ct Facility (City, Township, Village)
.
I
d. Attach a certilie" , ~solution passed by the governmental unit from which employmen, 1,
. erred consentina to the transfer of emplovment. Date resolution was adopted
14. Rehabllttation applications: Complete a, b and c. Attach assessor's statement of valuation for the entire plant rehabilitation distric1
a. SEV of Real Property (Exctude Land) b. SEY 01 Personal Property (Exclude Inventory) c. TotalSEV as of Dec. 31, 19_ _
NA I
15a The Facility is Located in the following Type of
I To be created
District Established by the Local Governing Unit: b. Name of Governing Untt that Established District c. Date District was Established
~ INDUSTRIALDEVELOPMENT DISTRICT City of Muskegon August 8, 2000
Attach certified copy of resolution
• PLANT REHABILITATION DISTRICT and drawing of district.
NOTICE AFTER DEC. 31, 1983: Section 9(2)(b) pmvides lhat a written requesl (Date s1amped by local unit) to establish the district MUST ba filed prior to
the commencement of any Improvements or construction. Please furnish a copy of the written request
16a. Is This Application for a Speculative Building (Sec. 3(8))? Ga 0
YES - Complete b, c and d
NO- Goto 17below
b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c, Oate of Resolution (Attach copy)
d. Date of Construction Commenced (See page 4, item 4)
e. A'1ach a Certtfied statement from the buildlng owner and assessor that the building
has not been ocaJpied since comptetion of constructton. (See page 4, item 13.) Downer 0 Assessor
17. complete this section if appllcaUon is for a replacement facility which will not be located on the same site or contiguous to the obsolete faclity.
The obsolete facility will be disposed al as follows:
NA
,
Continue on Page 3
APPUCANT'SCERTIACATION
;The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no
information contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
property for which this application is being submitted.
It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of govemmentand the issuance of an Industrial Faciltties Exemption Certtticate by the State Tax Commission.
18. Name of Person to Contact for Further Information Tlllo Phone
Philip M. Pierce President 231/206-6632
Mailing Address
270 Figge Road, Muskegon, MI 49445
Type Name of Company Officer
Phili M. Pierce
TIiie
President
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting application to the
State Tax Commission
19. Action Takan PPGVMENTS REOVJBEP
• 1. Application plus attachments. (See inst. pg. 4, # 1•7)
• ABATEMENT APPROVED FOR Years • 2.. Notice to the public prior to hearing to establish district.
• 3. Resolution establishing district•.
Ending December 30, • 4. Notice to taxing authorities prior to hearing to approve
application.
(not to exceed 12 years after project completion)
There are circumstances in which the words •after completion• could • 5. List of taxing authorities notified.
extend the length of the exemption by 2 to 3 years. Please call the • 6. Resolution approving application.
Property Tax Division at (517) 373•2408 If a further explanation is • 7. (a) Letter of Agreement (Signed by local unit and
applicant) per PA. 334 of 1993.
needed.
(b) Affidavit of Fees (Bulletin 3, 1/16/98).
• DISAPPROVED
0
0
8. 3222 (fonnertyT-1044A) (If applicable).
9. Sceculative buildino resolution & affidavits.
20. Name of Local Government Body oite of Action on This Application
Attached hereto is a copy of the application and all documents required.
Signature ot Clerk Data Phone
Clerk's Mailing Address C1ly ZIP Code
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
A ..nlications received after October 31 will be acted uoon in the followina vear.
Mail completed application and all attachments to:
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Michigan 48909-7971
If you have any questions,please call (517) 373-2408 or 373·3302.
Laketon Avenue
;s;
~----cm
:::i Port C ty lndustria Par
N
A
Commission Meeting Date: August 8, 2000
Date: July 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C'(}/2---
RE: Public Hearing • Request for an Industrial Facilities
Exemption Certificate • American Coil Spring
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, American Coil Spring Company,
1041 E. Keating Avenue has requested the issuance of an Industrial Facilities
Exemption Certificate. Total capital investment for this project is $2,861,600 in
personal property. The project will result in the creation of 6 employment opportunities
while retaining 22 jobs. American Coil Spring's current workforce is 145.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of (7) years.
COMMITTEE RECOMMENDATION:
None
7/21/2000 1
Resolution No. 2QQQ- 78 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
AMERICAN COIL SPRING
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
December 23, 1975, this Commission by resolution established an Industrial Development
District as requested by American Coil Spring Company, 1041 E. Keating Avenue,
Muskegon, Michigan 49442; and
WHEREAS, American Coil Spring Company has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to a new machinery and equipment to be
installed within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
August 8, 2000, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
July 20, 2000, the date of the acceptance of the application for the issuance of an Industrial
Facilities Tax Exemption Certificate; and
WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered .
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of American Coil Spring Company, for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to installation of new machinery and equipment on
the following described parcel of real property situated within the City of Muskegon to wit:
Commence at the NW corner SE 1/4 of NW1/4 section 33 10 16 thence N 89 degrees 51
minutes E 214. 8 feet thence SO degrees 48 minutes W 30 feet for POB; thence S 89
degrees 51 minutes E 61 0 feet; thence SO degrees 48 minutes W 729.1 feet; thence N 56
degrees 26 minutes W 23.9 feet; thence NW/y 320 feet to a point 50 feet E of E line of R-O-
W of MR&N Co.; thence 0 degrees 48 minutes E 302. 8 feet to POB
7/21/00 2
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of seven (7) years on personal property.
Adopted this 8th Day of August 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,· Aslakson
Nays: None
Absent: None
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 meetin held on August 8,
2000.
7121100 · 3
MUSKEGON
i
I
City of Muskegon
Industrial Development District
Summary Sheet
Company Summary:
American Coil Spring Company, 1041 E. Keating Avenue has requested the issuance of
an Industrial Facilities Exemption Certificate. American Coil Spring is installing $2,861,600 in
personal property and is adding 6 new employees. American Coil Spring manufactures custom
precision metal products such as coiled springs, flat springs, wire forms, and small stampings.
This company has either met or exceeded all of their previous IFT goals. American Coil Spring
has historically been a stable company and employer for the Muskegon area. Due to the fact that
the company is adding 6 new employees, it is eligible for a one (1) year employment bonus in
addition to the standard six (6) year exemption for personal property.
Employment Information:
Racial Characteristics:
White 137
Minority 8
Total 145
Gender Characteristics:
Male 106
Female 39
Total 145
Total No. of Anticipated New Jobs: 6
Investment Information:
Real Property: $0
Personal Property $2,861 ,600
Total: $2,861 ,600
Property Tax Information: (Annual) All Jurisdictions City Only
Total New Taxes Generated $77,263 $14,451
Value of Abatement $38,632 $7,226
Total New Taxes Collected $38,632 $7,226
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $1123
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full No
Ap No
Matthew Dugene
Business Development Affirmative Action
•M~_.,~otTreeaurv,STC
·.-1012(2-!ffl
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
· This form is issued as provided by P.A. 198 of 1974, as amended. Section references on this form are to specific sections of the act that
,lain or require the data. Filing of this fonn is voluntaty. The appllcatlon should be flied after the dllltrtct Is establlahed and no
,_,er than (within) alx months after the commencement of the project. This project will not receive tax benefits until approved by the
State Tax Commission. ·
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this fonn and
the required attachments (five complete sets) with the clerk of the local government untt. (The State Tax Commission
requires four complete aata (one ortglhal and three coplea)). Ona copy la retained by Iha clarlc.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION
Signll!Uro AppllcatlonNo.
Date Received Date Received .,Written~
Applicant. do not write abow this line &,g;n entJies at 1 ,,,,_
Oves • No
1a App41cant (Company) Name (Appticant must be tho oc:cupantloperaw of tho facitity) b. S1aJmrd lnclJsu1Bl Classillcalion Code (Sec. 2(10))
American Coil Spring Caapany 3490
c. Company Mailing AddnJss (No. and Sln>et. P.O. Box. City, Stats, 21P) First _ _ . _ _ copy otWCXQnl
1041 E. Keating Ave., P.O. Box 388, Muskegon, MI 49443-0388 Compw11llllon pollcy dleplaytng worbrs codos
d. Location of Faallty (No. and Stroer. Cl!y, Stats, ZIP) (Allach ~ lleecriptio<I) •. Cily(Twp.Nilago f, COI.W1ty
1041 E. Keating Ave., ·Muskegon, MI 49442-5996 Muskegon Muskegon
2. Typo of Approval~ 3. School District Where Facility is Located a. School Code
IX] NEW (SEC. 2(4)) • SPECULATIVE BUILDING (SEC. 3(8)) Muskegon Public 61010
0 TRANSFER (of existing certiflcato) (1 copy only) 4. How Many Veers of Exemption R_,.rl
• REHABILITATION (SEC. 3(1)) • RESEARCH and DEVELOPMENT (SEC. 2(9)1
5. Explain App41cant's Principal Typo of Business (Detailed desalplion of operations)
12
Custom production of precision cold-formed metal products: coiled springs including
compression, extension, torsion, double torsion, garter, and coil expanders; flat springs;
wire forms; and small stampings. Some light assembly of components per customer
requirements.
\
6a. Rehabili1ation App41cants Only: Geoeral Oesaiption and Use of Existing Facility (Numbet of buildings, typo, size, use, products manufactued, typo of rosoatth or development.)
NA
b. Explain Degree and Typo of Obsolescenc:o Affe<:tlng Existing Faciily.
NA
7. Describe Project for Which Exam~ is ~ (Type o1 lmpra.-ements to Land, Building; Size of Addition; Persona! Property Acquired - ExJ>'ain New - Used, Transfered from
Out-of-State, etc.) and Proposed se o1 Facdity
Project includes personal property improvements. Personal property improvements include
new CNC springmaking machinei:y and.are estimated at $2,861,600. The machinei:y is required
to support significant new sales growth at key ACS accounts.
a. a. Cost of land improvements (itemize) Excluding cost of land $ ~
b. Cost of building improvements. (List major types & cost on attachment.)
Building pannlt required (See instructions on page 4, ttem 4) ........... ...
c. Cost of machinery and equipment. (Itemize: month, day & year and total
on attachment: see instructions on page 4, ttem 2) .................... .. ~ 2,861,600
d. Cost of furniture and fixtures. (Itemize: month, day & year on
,i
attachment: see instructions on page 4, ttem 2) ....................................
TOTAL PROJECT COST .......................................................................... .... $ 2,861,600
Continue on Page 2
1012(page2)
9. List nme Schedule for Start and Finish of Construction Stages and Equipment Installation. Project dates must be projected and complet)
within a two year period. (See Instructions, page 4, items 2 and 4.)
NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not ear1ier than
6 months before this appliC'!tion is Hied. Estimate dates when applicable. .
Begin (MID/Y) End (M/0/Y)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements:
SEE ATTACHMENTS NOT ACCEPTABLE).
Personal Pro="" Improvements: 4/1/00 3i31/02
10a Are the Buildings Owned or Leased by the Operator of the Facility?
OWNED 0 ixJ LEASED_,...,.,.,._>
b. Is Applicant Liable for Payment of Ad Valorem Ta,ces on This Property?
fxl YES • NO
c. Are Machinery and Equipmen~ Furniture and FtxbJres Owned or
Leased by the Operator of this Facility? fxl OWNED 0 LEASED '"""""•-·"'"°""""'-'
11. Will the Property for Which This Appicalion is Filed be Included in an:
a. Enterprise Zone or Empowennent Community 0 YES Qg NO
Cletk's Cer1ifk:atlon Qg NO
b. 307 Site Contaminated Property File Number 0 YES
12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. ~
a. Enter total number of employees at site prior to start of project.
145
b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? ___,,_ 22
c. Number of new jobs at this site expected to be created within 2 years of project completion? 6
13. Has the project caused or will it cause, a relocation of employment from one or more
Michigan governmental units to the unit in which the project is or will be located?
(
a. 0 YES [xi I
NO b. N1.mber of Jobs Involved ;n Facility Reloca1ion I c. Prevk>us Location of Facility (City, Township, Vlllage}
d. Attach a certified copy of the resolution passed by the governmental unit from which employment is
to be transferred consenting to the transfer of employment. Date resolution was adopted
14. Rehabilitation applications: Complete a, b and c. Attach assessor's statement of valuation for the entire plant rehabilitation district
a. SEV of Real Property (Exclude Land) b. SEV of P - Property (Exclude lnvento<y) c. Total SEV as of Dec. 31, 19_ _ _
NA
1Sa The Facility Is Located in the following Type of
I I ~
District Established by the Local Governing Unrt: b. Name of Governing Unit that Established District c. Date District was Established
Ix] INDUSTRIAL DEVELOPMENT DISTRICT
City of Muskegon 12/23/75
Attach certified copy of resolution
• PLANT REHABILITATION DISTRICT and drawing of district.
NOTICE AFTER DEC. 31, 1983: Section 9(2)(b) provides tha1 a written request (Dale stamped by local untt) to establish the dlslricl MUST be filed prior to
the commencement of any improvements or construction. Please furnish a copy of the written request.
6a. ls This Application for a Speculative Building (Sec. 3(8))? [xi NO - Go to 17 below 0 YES • Complete b, c and d
b. Name of Governmental Unit Which Passed Resolution to E~ish a Speculative Building. c. Date of Resolution (Attach copy)
d. Date of Construction Commenced (See page 4, ttem 4)
e. Attach a Certified statement from the building owner and local governing unit that the building
has not been occupied since completion of construction. (See page 4, ttem 13.) D Owner 0 Assessor
17. -Compklte this section if application is for a replacement facility which wtll not be located on the same site or contiguous to the obsolete facility.
The obsolete facility Will be disposed of as follows:
(
NA
Continue on Page 3
\
1012 (Pao- J)
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no
irmation contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
,.., operty for which this application is being submitted.
It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the State Tax Commission.
1e. Name ot Person to Contact ror Fwthet lnfonnation
Timothy A. Zwit I~) 726-4021 Ext. 261
-Maillng Address
American Coil Spring c.o., P.O. Box 388, Muskegon, MI 49443-0388
Type Name of Company Officer Signatute
Timothy A. Zwit --;-;:-...,;ti;; A).,:-:-
•
Trtlo
Executive Vice President and General Mgr.
Date
June 28, 2000 '
LOCAL GOVERNMENT ACTION
This section Is to be completed by the cleric of the local governing unit before submitting application to the
State Tax Commission
19. Action Taken DOCUMENTS REQUIRED
• ABATEMENT APPROVED FOR Years 0
0
1.
2.
Application plus attachments. (See inst. pg. 4, # 1•7)
Notice to the public prior to hearing to establish district.
0 3. Resolution establishing district.
Ending December 30, 0 4. Notice to taxing authorities prior to hearing to approve
(not to exceed 12 years after project completion) application.
0 5. List of taxing authorities notified.
0 6. Resolution approving application.
• DISAPPROVED 0 7. letter of Agreement (Signed by local unit and applicant)
per P.A. 334 of 1993.
0 8. T-1044A (if applicable)
0 9. Speculative buildin11 resolution & affidavits
20. Name of Local Govemment Body Date of Ac1ioo on This AppUca!ion
City of Muskegon
-
Attached hereto is a copy of the application and all documents required.
Signature of Clerk Phone
(231) 724-6705
Clerk's Mailing Address City ZIP Code
933 Terrace Street Muskegon 49440
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
Applications received after October 31 will be acted upon In the following year.
Mail completed application and all attachments to:
'>late Tax Commission
.dichlgan Department of Treasury
P.O. Box 30471
Lansing, Michigan 48909-7971
If you have any questions, please call (517) 373-2408 or 373-3302.
g~-abj-Eli~§ gg §@ EJ II. ------,-
-!!
.80
0::
Industrial
.._ Park
...........
NORTH
Date: August 8, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Spreading of the Special Assessment Roll
Sidewalk Replacement Program for 1999 (Area W3)
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for the 1999 Sidewalk
Replacement Program and to adopt the attached resolution confirming the special assessment .
Roll.
FINANCIAL IMPACT:
A total of $524,990.06 will be assessed against 623 parcels.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
This request will be reviewed by the Committee of the Whole on their meeting of August 7,
2000.
CITY OF MUSKEGON
Resolution No. -~2-P=P-P~-~7=8~(d-l~
Resolution Confirming Special Assessment Roll
for THE 1999 SIDEWALK REPLACEMENT PROGRAM
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on March 23, 1999, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at
the rate of 5.00% per annum to be paid in addition to the principal payments on the
special assessment.
Continued...
3. The Clerk is directed to ·endorse the certificate of this
confirmation resolution and the Mayor may endorse or attach his warrant bearing the date
of this resolution which is the date of confirmation.
This resolution passed.
Ayes: _ __.N-"-'iu:e;;.J.J...:::Scc;P.LLO..-,_.S..l.LC..1.bwWu:::,PCLi.Lf.1.J)e;:;.Jr__,,,_....SlUhcc;e.µpbUceCJr...1.d.L,,--'-'S'-Li,:..Prwa:uduz....,,k....i.i...., ->-lJSpµ,a:;ut..,:;au.r..i....04-,- - - - - -
Asl aks on Benedict
Nays:_--'-"-'..£.1...ll:'-------- - - - - - - - - - -- - - - - - - - - - -
City of Muskegon
Byd~ &-~ Fre~ ~ lsen, Mayor
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held ori August 8, 2000. 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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being August 8, 2000.
City of Muskegon
By~~Q~-~L
~~~-~
· Gail A. Kundinger, City
-
THE 1999 SIDEWALK REPLACEMENT PROGRAM
(Area W3)
MAYOR'S ENDORSEMENT AND WARRANT
I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUSKEGON; HEREBY ENDORSE
THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY
TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGON
BY: 0~
' .~~I
. F J. NIELSEN
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE
IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT ON THE 28TH DAY OF
JULY, 2000 THE CITY COMMISSION ADOPTED A RESOLUTION OF ITS INTENTION
TO CREATE THE FOLLOWING SPECIAL ASSESSMENT NUMBER AND TITLE:
H-1491 SIDEWALK REPLACEMENT PROGRAM FOR 1999
A COPY OF SAID RESOLUTION BEING ATTACHED HERETO; AND THAT A NOTICE
OF HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF MUSKEGON ON JULY 29,
2000. A COPY OF SAID NOTICE IS ATTACHED HERETO.
DEPONENT FURTHER SAYS THAT A LETTER OF NOTIFICATION WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTIES TO BE ASSESSED IN THE
SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX
ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE
IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE
PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE
ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS, WHICH SAID
HEARING WAS TO BE HELD ON AUGUST 8, 2000. THIS DEPONENT SAYS THAT IN
SO SERVING SAID NOTICES SHE CHECKED ALL OF THE ENVELOPES CONTAINING
THE NOTICES AND DID DETERMINE THAT THERE WAS A PROPERLY ADDRESSED
ENVELOPE FOR EACH PROPERTIES DESCRIPTION, AS SHOWN ON SAID TAX
ASSESSMENT RECORDS, AND THAT BEFORE SEALING OF SAID ENVELOPES SHE
DID DETERMINE THAT THERE WAS A PROPER NOTICE INSERTED IN EACH
ENVELOPE AND THAT THE ENVELOPES WERE THEN SEALED AND DELIVERED TO
THE UNITED STA TES POST OFFICE IN THE CITY OF MUSKEGON OR DEPOSITED TN
AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 28tL OF ~Y, 2000.
~ 0. ~
GAIL A. KUNDINGER,CI
~µ.)
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ Ytl/ DAYOF ~ ,2000.
~ L2~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9c• o?iJ:- o~
SPECIAL
0 EX!JIBITA
ASSESSMENT
DISTRICT
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July 28, 2000
Property Parcel Number:
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
H-1491 Sidewalk Replacement Program for 1999
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
August 8, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED ON AUGUST 8, 2000, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.
The total cost of the project will be paid by special assessment to property owners. If the special
assessment is confirmed, your property will be assessed _ _ for the work performed. Following are
the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5.00%
First installment:
Due Date: October 9, 2000
103
The total assessment may be paid in full any time prior to the due date shown above without interest
being charged. After this date, interest will be charged at the rate shown above on the outstanding
balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you
pay your assessment in installments, your annual installment (including interest) will be included as a
separate item on your property tax bill each year. Therefore, if you pay your property taxes through a
mortgage escrow agent, you should notify them of this change. Early payments may be made at any time
and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU
WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR
INITIAL BILLING IF YOU WISH TO PAY IN FOLL PRIOR TO THE DUE DATE AND AVOID INTEREST
COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH
THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL.
If you have any specific questions about the work done please call the Engineering Department at 231
724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on
the payment options available.
Sincerely,
,,
- ~ - ~ d,/4,,f,d,t:✓(
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below. --
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
SIDEWALK REPLACEMENT PROGRAM FOR 1999
The location of the special assessment district and the properties
proposed to be assessed are:
THOSE PROPERTIES PREVIOUSLY IDENTIFIED AS HAYING SIDEWALK DEFICIENCIES
IN WIDCH THE OWNERS HAVE NOT COMPLETED THE REQUIRED IMPROVEMENTS IN
THE FOLLOWING LOCATIONS: AREA W3 BOUNDED BY MUSKEGON LAKE, SEAWAY
DRIVE, LAKETON A VENUE, NOLAN AVENUE, ROILSON STREET AND FRISBIE STREET;
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district shall be held in the
City of Muskegon Commission Chambers on August 8, 2000 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment roll which has been prepared and submitted for the purpose of said hearing and for
exaipination by those persons to be assessed. The special assessment roll is on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays. ·
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The purpose of
this hearing is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City. Clerk
Publish: July 29, 2000
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(616) 724-6705 of TDD (616) 724-6773
CITY OF MUSKEGON
Resolution No. 99-2 7 ( a)
Resolution At First Hearing Creating Special Assessment District
For The 1999 Sidewalk Replacement Program
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
A hearing has been held on March 23, 1999 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 23, 1999, there were 2. 58 % objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each properties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
engineer's survey, inspection, recommendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of
bond proceedings.
3. The City Commission herebf appoints a Board of Assessors consisting of City
Commissioners Sieradzki and Shepherd and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon
actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Michalski, Nielsen, Pleimling, Shepherd, Sieradzki,
Benedict
Nays, None
CITY OF MUSKEGON
By~O.L~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 23, 1999. 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
EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR 1999
SPECIAL ASSESSMENT DISTRICT
The location of the special assessment district and the properties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements or have not obtained the required permits by May I, 1999
to complete the work themselves
AREA W3 BOUNDED BY MUSKEGON LAKE, SEAWAY DRIVE, LAKETON A VENUE, NOLAN
A VENUE, ROILSON STREET AND FRISBIE STREET
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 23 RD DAY OF MARCH, 1999 THE CITY COMMISSION
ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING SPECIAL
ASSESSMENT DISTRICT:
THOSE PROPERTIES IDENTIFIED IN THE AREA LISTED BELOW AS HAVING
SIDEWALK DEFICIENCIES IN WHICH THE OWNERS HAVE NOT COMPLETED
THE REQUIRED IMPROVEMENTS OR HAVE NOT OBTAINED THE REQUIRED
PERMITS BY MAY 1, 1999 TO COMPLETE THE WORK THEMSELVES.
AREA W3 BOUNDED BY MUSKEGON LAKE, SEAWAY DRIVE,
LAKETON A VENUE, NOLAN A VENUE, ROILSON STREET,
AND FRISBIE STREET;
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON MARCH 13, 1999.
DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITEDSTATESMAILRECEPTACLEONTHE 11TH D A Y L , 1999.
~Q- .
GAIL A. KUNDINGER, CITuiERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
o20uz DAY OF 72.l~ 1999. ,
~ J. kftvt
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
/_,',7c/q 5. /o j-;l-t' ,-
MY COMMISSION EXPIRES ;1 - ci,? S---0 ..'.<
RECl::iVED
City Clerks Office
Jeffrey D. Smith
1586 Jefferson St.
Muskegon, MI
49441-2457
Home (231) 726-3975 or (231) 722-4008 Work (231) 759-3330
July 31, 2000
Re: Sidewalk Replacement Program
Muskegon City Commission:
I would like to protest the assessment on parcel Number 24-205-487-0011-00, at
834 West Southern for several reasons.
1. The sidewalk in question was perfectly functional.
2. There were no complaints made by me, neighbors, tenants, or anyone other
than the city, about the condition of the sidewalk that was replaced.
3. I have been in desperate financial shape for a year and a half I am not in any
position to take on new debts or make new promises.
4. The city's decision to replace my sidewalk is based on cosmetics as well as
function, and any replacement that is made for cosmetic reasons should be the
responsibility of those who feel a need for it. The city should not have an
ability to bill me for optional expenses that do not relate to :function or public
safety.
Jeffrey D. Smith
1586 Jefferson St.
Muskegon, MI
49441 ·,
or contact me by telephone at work: (616) 759 3330, between 11am and 7pm.
/2,f/JlJ.~
'
Affirmative Action
231/724 6703
•
F.\\/", 2-1214
obJec1 w
.-\SSl'SSOf
231/724-67 8
F. \\/72(,-5181
~ 5 1deLu~1-) ft
l'l'nwtl'ry
23\/72-1-6783
F.-\\/726-5(, 17 July 28, 2000
Ci,·il Senicl'
231/724-6716
F.-\.\./724--1-105
{ ·il•rk
231/724-(,705 POLLACK MICHAEL/MATTHEWS MICAH
F.\.\172-1--1178 -747 WLARCH AVE
MUSKEGON, Ml 49441 437
2Jl/72-l-<,i17
F \.\/721,-2501
Enginl'l'ring
2J I /724-6 707
F.\\/727-690-1
FilWUCI' NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
231/72-1-(,713
FA\172-1-676.'I
Firl' Dl'IIC- Dear Property Owner:
231/72-1-67')2
F.-\X/72-1-6985
The Muskegon City Commission has previously approved the project described below and will now
Income Ta:,, consider final confirmation of the special assessment roll:
231/72-1-6770
F.--\X/724-6768
H-1491 Sidewalk Replacement Program for 1999
Info. Systems
2J 1/72-1-67-1-l Public Hearings
F.-\\1722--IJOI
Ll•i.~ure Senice A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
2J l /72-1-(, 70-1 August 8, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
F.-\\/72-1-1196
writing to express your opinion, approval, or objection concerning the special assessment. Written
, lanager"s Office appearances or objections must be made at or prior to the hearing.
Z31172-l-67H
F\\m2-121-l
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
, Ll~or'., Office EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
231/72-l-67UI CONFIRMED ON AUGUST 8, 2000, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
F.-\\/722-121-1
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING. YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
231172-l-1,71:'i
F .\\:t?U,-2501
BE LOST.
Planning/Zoning
2.\ 11724-(, 702
The total cost of the project will be paid by special assessment to property owners. If the special
F.\\/72-l-tt7'JO
assessment is confirmed, your property will be assessed $850.82 for the work performed. Following are
l'olin• lkpt. the terms of the special assessment:
231172-l-(,75IJ
F.\\/722-51-IU
Assessment Period: Ten (10) Years
l'uhlic Works Interest Rate: 5.00%
2.ll/724--1\llO First installment: $85.08
F.\\/722--11.'18
Due Date: October 9, 2000
Trea~urcr
231172-1-6 72()
F.-\\/72-1-(,768
Water mlling Dcjlt.
231/72-1-6718
FA\172-l-li768
\\':11cr Filtration
231/72-1--1106 -)3-:-:
F.-\X/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
RECEIV
August 4, 2000 CITY OF MUSKEGON
r',u.,,, ", LAOOiJ.
To whom it may concern:
I have an issue to raise with the sidewalk replacement project in
front ofmy home. According to your records (attached), 62 sq.
feet of sidewalk was replaced on my property. The sidewalk
replacement was assessed prior to my taking occupancy in August,
1998. At that time, I had a driveway poured and some of the slated
sidewalk: blocks replaced at my expense. According to my records,
observations and measurements, only 52 sq. feet of sidewalk: was
replaced by the city. Those 52 sq. feet @ $5 .11 per foot comes to
$265.72 not the $316.82 for62 sq. feet as stated. Please remeasure
or reassess and adjust your paperwork to subtract $51.10 for the
added 10 sq. feet.
Sincerely yours,
/2#1 J?o~~
Beth Rodewald
1771 Davis
Muskegon,MI49441
Map# 24-30~25-387-009
Parcel# 24-205-513-0003-00
BRIAN BELLAMY
1329 Lakeshore Dr. · ....... ·························
Muskegon. Michigan
-19-141-0536
231-755-8686 property parcel# 2-l-205--196-0008-00
H-1-191 Sidewalk Replacement 1999·
August 3, 2000
REC EI V :_ ~J
CITY OF M!iSKEG,, ;-1
Muskegon Engineering Depi.
933 Terrace St. r 't.JI ....~l,
/·, ',·' ?OAu·J
c..
p.o. box 536
ivluskegon, iviichigan
49443-0536
Dear Muskegon Engineering Dept,.
This letter is in response to the 110tice of the special assessment that I received regarding U1e
sidewall<. repairs. I would lil<.e to dispute that sidewall<. assessment I received in the mail. Not only
was I not noiified of this procedure to which I am about to be billed a very high amow1t, I could
have had it done by some-one I know ,who is bonded, for much less Uian that price. I thought Uiat
a percenage of our tax money went to sidewalk replacement {asper attached City financial -
report]. - {note highlighted area }.I pay city income tax, and I pay property tax that has gone up
this year. I want a nice looking neighborhood, and rm all for improvements, but I was unhappy
with the work that was done even when I thought that the city was covering the cost. I had to dig
out chunks of concrete in my yard, and re-landscape a pretty good section of my front yard that is
just now coming around. I try hard to keep my property looking good , but it gels really frustrating
lo get tax hikes. and then also get these hidden surprises like this sidewalk assessment that I would
assume a part of our taxes pay for. To my knowledge I wasn't even aware of my sidewalk being
that bad in the first place.
sincerely,
Brian Bellamy.
I am writing this letter to protest my special assessment for the sidewalk
replacement program. There are several reasons why I should not have to
pay this assessment. First of all, I pay property taxes to the city and I pay
taxes for working in the city and taxes for living in the city. Where does all
this tax money go? It should go for things to improve the city, such as
sidewalk improvements. Does this mean if you repave the road I live on I
should expect a bill? Second, I have only lived at this address since May
26, 1998, therefore I am not responsible for the damage or "wear and tear" of
the sidewalks. Third, the residents of the city did not choose or vote to have
the sidewalks replaced. It was approved by the Muskegon City
Commission and should be paid for by the city. As matter of fact, there
were many city residents including myself at the City Council meeting in
the summer of 1998 to protest the sidewalk assessment. The Council had to
cut the discussion short because there were "other things to discuss".
Fourth, I should not be held responsible for a sidewalk just because it is in
front of my house. I can't stand by the new sidewalk that you expect me to
pay for and stop people from using it. And if the sidewalk is mine then how
come I was given a parking ticket for blocking the sidewalk that crosses my
driveway?
I reside on a corner lot so it is like I am getting double penalized. Not
only do I have twice as much sidewalk, but the city added some large sloped
sidewalks that go down to the road. These pieces of sidewalk were not
there before and I should not be expected to pay for them. If when
everything is settled I am still billed for the sidewalks I will expect someone
to come to my residence and show me and explain exactly what I am paying
for. I am being billed for 152.50 sqare feet of sidewalk for a total of
$779.28. This seems awful high for the work that was done. It seems to me
that the city could have gotten a better price than $5 .11 per square foot.
Either the city got ripped off or they are making money from the residents
for this project, which would be very wrong. I also don't like the payment
options that the city offers. I personally will not be able to come up with an
extra $780 in 60 days. Because of this my bill will be added to my taxes for
the next 10 years at 5% interest. The 5% interest sounds low, but for me to
pay any interest on this money is ridiculous. It is not like I said "hey I want
to borrow some money from the city to repair the sidewalks in front of my
house". I appreciate you taking the time to read this letter and hope you will
take it into consideration.
Thank You,
C~y~
City Resident
1453 Montgomery Ave.
RECEIVE Li Muskegon, MI 49441
CITY OF MUSKEG ,,1
/-.• ·~....1 ',' 'c..i'u•Au,J
RECEIVED
July 18, 2000 JUL 19 2000
MUSKEGON
CIIY: MANAGEll'S
City of Muskegon !)FFICE
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
ATTENTION: Mohammed Al-Shatel, P.E.
Dear Sir:
I am all for improving the City of Muskegon.
I do not feel the people who have sidewalks in front of their
homes are being treated fairly. We are not asked if we want
deteriorated sidewalks replaced - we are TOLD that they are
going to be replaced, either by our private contractor or the
City of Muskegon. Why, then, are some who do not have side-
walks ASKED if they want a sidewalk in front of their homes?
Why aren't ·they TOLD there is going to be one?
A sidewalk has been installed a couple houses down from me on
the same side of the street, but across the street there is no
sidewalk. Also, on Madison Street just south of Evanston Ave.
there is no sidewalk on the west side of the street.
Let's be consistent. I feel ALL property in the City of Muske-
gon should have sidewalks, Why should a person walk on side-
walks in part of a block and have to use the street in another
part? It also presents a difficult situation for students as
many go to school.
I am pleased to cooperate and pay for work done in front of my
home, butI would appreciate a fair criteria for all.
Res~e tfully, A. ,1 • -1!·
~ ,v !J?-7. ,qc/u..,_Lf/Lr1<,J
iJtJ:iry M. Schuitema
1138 E. Dale Avenue
Muskegon, MI 49442
Copies: Mayor Fred Niels.en _,./'
City Manager Bryon Mazade
8-8-2000
Dear Sirs,
I a.'ll protesti.n.g this special assessment for the approach at my property at 890
W. Laketon Ave. I was not informed of the need to have this section of
approach replaced. If I would have known I would have had it repaired by my
own contractor at a much reduced price. My contractor gave me an approxarnate
price of $300 dollars.
I also question the measurements on the bill. I measure the actual approach as
18 ft.by 6.5 ft. or 13 sq.yds. Some concrete was poured to repaired the turning
lane. The measurement on the bill must of added this extra concrete to the total.
I do not believe I am responsable for the cost of road repair.
Thank You for time and cosideration on this matter.
RECE\VED
CITY OF MUSKEGON
\Sbl~
Peter J. dison
r-.u:; ;; 200J
SIDEWALK REPLACEMENT PROGRAM FOR 1999
DETAILS BY PARCEL
OLD PARCEL 611025481049
MAP NUMBER 24-30-25-481-049
NEW PARCEL 24-205-505-0013-09
CONCRETE DRIVE APPROACH (9 S YD @ $ 28.00 / S YD $445.51
REMOVING CONCRETE DRIVE APPROACH 15.91 SYD@$10.00/SYD $159.11
REMOVING CONCRETE CURB 0.00 L FT@$ 5.00 / L FT $0.00
EXCAVATION 0.00 C YD @ $ 6.00 / C YD $0.00
BORROW FILL 0.00 C YD @ $ 15.00 / SYD $0.00
TOTAL FOR DRIVE APPROACH $604.62
ENGINEERING FEES FOR DRIVE APPROACH $54.11
CONCRETE SIDEWALK 0.00 S FT @ $ 5.11 / S FT $0.00
,;>1)00 . / 4
Date: July 31, 2000
To: Honorable Ma~~::,and City Commissioners
From: Ric Scott /(Ai¾q'/-
RE: Arena Contract Changes
SUMMARY OF REQUEST:
To decrease the payment to Arena Management Group to the
1999-2000 management fee and to increase the maintenance
fee by $ .25.
FINANCIAL IMPACT:
Management fee drops from $687,000 to $667,000.
Maintenance fee will generate about $40,000 in
additional revenue
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
.·\ffin11ath'(' A c tiu11
23 1172• -6 7113
F,\ \ /722- 12 1•
.--\ SS l'S!iOI'
23 I /7l• -6 7118
F.-\\ /726-5 18 1
Cl'llll'll' l'Y
!JI /72 • -<•783
F.\ \/726-56 17
Ci \'il Sl" l"\'iC l'
23 1/7U -G7 1<,
F.-\\172• -H05
West Michigan's Shoreline City
Cil' r k
23 1172• -6 7115
F,\ \/72 • -• 178
Date: July 31, 2000
Co mm. & :\°L·igh.
To: Honorable ~Y~_'l~~ City Commissioners
23 I /72• -<•7 17
F. \ \/7l 6-2511 1
From: Ric Scott ff~
En:;.im'l'rin g
2.l I /72• -<,7 0 7 Re: Arena Contract Changes
F. \ \172 7-(,9114
In an effort to reduce the general fund contribution to
Fi llilll l'l'
23 1/72 4-6 7 IJ
the arena, staff has negotiated two changes to the
F..\\172 • -67(,X contract, which should increase revenue and decrease
Fir,· Dept. expenses.
2.l l/72 • -6792
F.-\ \ /72 • -<,985 Tony Lisman has volunteered to keep the management f ee
l1h' Ullll' T :t\
for operating the arena at the 1999- 2000 fee of
2J 1172• -<• 7711 $667,000, as compared to the contract price of $687,000.
F,\\/72 • -6768
This will be a net saving of $20,000 to the ge neral
Info . Sp lcm~ fund.
23 1172• - (, 7H
F.-\\ /722-HU I
Further, we have agreed that we will increase the
l. ci~ ul'l ' Sl•n ·in• maintenance fee on all ticketed events by $.25. This
23 1172• -6 70 •
F.-\ \ /72 • - l 1%
will make the fee $.50. This should generate about
$40,000 in new revenues to the facility. This doe s
.\ l a 11;1g t·r'!, Ot'fi n·
2J l/7 H -<,7H include Fury tickets.
F.-\\/722- 12 1•
We continue to look at other ways of increasing revenues
1\ layur•~ Ortit' l'
23 11724-6 7(11
to the building and adding additional events.
F.-1\/722- 12 1•
I would ask that you approve in the two changes to the
contract.
2.l 1172• -(,7 I 5
F.-\\/72 6- 25111
Thank you for your consideration.
Pla1111i11g/Zoninl,!
23 1/72• -67112
F. \\/72 • -6 7'JO
Pu lice Ol·p l.
2J 1172 • -6750
F.\ \ /722-5 1• 11
Pu hlic \ V11 rl,s
2J I/72 • -4 I OIi
F.-\ \ /722-• 188
Trc a~u r l'r
23 1/72 • -6 7211
Fr\X/7H -6 768
\\';llr r Hillin ~ l>l'p l.
23 1/72 • -l,7 18
F.-\X/72 4-6 768
\\'a ll'!' Filtral iu n
23 1/72 4-4 1116
F.I X/755-52')11
C ity of M uskegon, 933 T errace Street, P .O. Box 536, Muskegon, Ml 49443-0536
AGENDA ITEM NO.
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commissioners
FROM: Tony Kleibecker, Chief of Police
DATE : July 17,2000
SUBJECT: FY 2000 Local Law Enforcement Block Grant
SUMMARY OF REQUEST:
Staff requests that the City Manager be authorized to negotiate
an agreement with the County of Muskegon due to a Disparate Funding
Certification and then submit the FY 2000 Local Law Enforcement Grant
Application in the amount of up to$ 141,599. This grant requires
local cash match u p to$ 15,733. This would be the amount of match
assuming no sharing with the County of Muskegon. The funds must be
used for law enforcement purposes and may be used for personne l or
equi pment. The exact amount to be placed in each category has not yet
been determined . The grant requires the establishment of an Advisory
Board to make recommendations prior to the grant funds being released .
However, it would be our intent to continue the funding of an
information systems person as well as a record's division person that
we began funding under a previous block grant . We would be looking at
using the remainder of the funds for much needed equipment due to our
increased staffing .
The exact amount the City of Muskegon would receive and the
corresponding match will not be known until negotiations with the
County are finalized. However, due to the entire system being online,
the Bureau of Justice Assistance is onl y allowing 30 days from the
time of the grant announcement until all negotiations, hearing and
application are completed. Therefore, staff is asking for Commiss ion
Approval at this time .
FINANCIAL IMPACT:
$141,599 maximum to be received from the U.S . Dept . of Justice
$15,733 maximum required as a local cash match and must be
placed in the same interest bearing account as the federal grant
funds .
Note that the grant covers a 2-year period.
BUDGET ACTION REQUIRE D:
A local cash match is required. If there were no sharing with
the County the total match would be $15,733. I f there is sharing with
the County of Muskegon, our required cash match would go down. This
is a 10% cash match . These funds must be placed in the same interest
bearing account as the federal grant funds and all interest earned
must be spent o n items allowabl e under the grant.
STAFF RECOMMENDATION:
Staff recommends autho rizing the City Manager to negotiate an
agreement wi th the County Administrator and to then submit the FY 2000
Local Law Enforcement Block Grant Application.
COMM ITTEE RECOMMENDATION:
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