City Commission Packet Archive 09-12-2000

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                          SEPTEMBER 12, 2000
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                      AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
                 a. Civil Rights Act of 1964
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. FY 1998 Local Law Enforcement Block Grant Expenditures. POLICE
                 c. Muskegon/Muskegon Heights Renaissance Zone Cooperation
                    Agreement. PLANNING & ECONOMIC DEVELOPMENT
                 d. Six Month Extension to Complete Construction                     of    Home.
                    PLANNING & ECONOMIC DEVELOPMENT
                 e. Sale of Vancant Non-Buildable Lots in East Muskegon. PLANNING
                    & ECONOMIC DEVELOPMENT
                 f. MDOT/City of Muskegon State Highway Maintenance Contract.
                    PUBLIC WORKS
•   PUBLIC HEARINGS:
                 a. 2001 Budget. FINANCE
                 b. Request for an Industrial Facilities Exemption Certificate - SAPPI
                    Fine Paper. PLANNING & ECONOMIC DEVELOPMENT
                 c. Request for Time Extension for IFT Certificate No. 97-534 Neway
                    Anchorlok International.
                 d. Create the Special         Assessment   District   for   Irwin        Avenue.
                    ENGINEERING
                 e. Spreading the Special Assessment Roll for Morton Avenue.
                    ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. SECOND READING, Danaerous Building Ordinance.                                  INSPECTION
                           SERVICES DEPARTMENT
                       b. Lighthouse Park. LEISURE SERVICES
•   NEW BUSINESS:
                       a. FY 2000 Local Law Enforcement Block Grant. POLICE
                       b. Walker Arena Compressors. LEISURE SERVICES
                      c. Whittaker Electric Renaissance Zone Expansion, Parker Plastics.
                         PLANNING & ECONOMIC DEVELOPMENT
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limif of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724"4172.
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   ··"· , ·' WHEREAS, by Act of Congress of the United States dated July 2, 1964, the
             'j. · · ·        Civil Rights Act of 1964 was adopted banning discrimination
                       ·· . · becaus.e of a person's color, race, national origin, religion, or sex;
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                                                    by''Act of Congress of the United States dated December 6,
                                                   ·1'865, the 13th Amendment of the Constitution of the United
                                                    States was adopted abolishing slavery; and

                                                   by Act of Congress of the United States dated July 9, 1868, the
                                                   14th Amendment of the Constitution of the United States was
                                                   adopted giving all persons born or naturalized in the United
                                                   States the right to due process and equal protection under the
                                                   law: and

            ---~-~-        WHEREAS,                by resolution of the National League of Cities, we declare racism
                                                   unjust and advocate equal rights for all.
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                          THEREFORE, I, Fred J. Nielsen, Mayor of the City of Muskegon,
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                              Michigan, on behalf of the entire City Commission, do hereby
,,,ff ffJ}                    proclaim September 20, 2000 as "Undoing Racism Day" in the City
      \, ,,,;.                of Muskegon, Michigan, and urge all citizens to join together
    _   . ./
                              today for the first annual UNDOING RACISM DAY to reaffirm
                              our commitment to ensure equality and freedom for all the people
                              regardless of race, religion, sexual preference, or gender.

                                                                                                IN WITNESS WHEREOF, I hereunto
                                                                                                set my hand and cause the seal of the
                                                                                                City to be affixed this 12th day of
                                                                                                September, 2000.



                                                                                                -!!::rft;,,~
Date:     September 12, 2000
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, August 22, 2000.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                       SEPTEMBER 12, 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 Pastor John Evans from the
Greater Joy Outreach Church. Pastor Evans 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 Jone
         Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Lawrence Spataro
Absent: None
Tardy: Commissioner John Aslakson (arrived at 5:36 p.m.)


HONORS AND AWARDS:
    Mayor Nielsen presented Patrick Simpson, Fire Chief with an award from Scent-Lok
for their outstanding efforts in protecting the company and most importantly con-
taining a fire which broke out in the structure they were leasing during the 1998
Thanksgiving Holiday.
   Mayor Nielsen presented Anthony Kleibecker, Police Chief with an award from
Scent-Lok for their protective services during their extended residency in a building
that left much to be desired in it's security attributes.
  September has been declared National Alcohol & Drug Addiction Recovery
Month.
    There was a resolution proclaiming September 20, 2000 as "Undoing Racism Day"
in the City of Muskegon, Michigan, and urging all citizens to join together for the first
annual UNDOING RACISM DAY to reaffirm our commitment to ensure equality and
freedom for all people regardless of race, religion, sexual preference, or gender.
2000-086    CONSENT AGENDA: Items listed under the Consent Agenda have been
            considered to be routine in nature and will be enacted in one motion.
            No separate discussion will be held on these items. If discussion of an
            item is required, it will be removed from the Consent Agenda and be
            considered separately.
               a. Approval of Minutes.
                  CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meet-
ing that was held on Tuesday, August 22, 2000.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the minutes.


               b. FY 1998 Local Law Enforcement Block Grant Expenditures.
                  POLICE
    SUMMARY OF REQUEST: Police Department staff request that the Commission ap-
prove the use of Fiscal Year 1998 Local Law Enforcement Block Grant (LLEBG) money
to purchase 3 Panasonic Toughbook Ruggedized laptop computers. This purchase
includes additional hardware, which will allow the laptops to be mounted in the po-
lice cruisers. This would replace the current configuration of having a Mobile Data
Terminal and a laptop in each cruiser. The Panasonic laptop will be dual function,
allowing officers to run computer queries and complete reports in the field.
    BUDGET ACTION REQUIRED: $18,494.00 in grant money to be utilized for this pur-
chase. Information Systems staff have assisted us in preparing this package. Funds
from the Fiscal Year 1998 Local Law Enforcement Block Grant must be expended no
later than September 30, 2000.
    FINANCIAL IMPACT: Will reduce costs associated with maintaining two computers
in each cruiser.
  STAFF RECOMMENDATION: To grant approval for the use of Local Law Enforce-
ment Block Grant funds for this project.


               c. Muskegon/Muskegon Heights Renaissance Zone Cooperation
                  Agreement.
                  PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: To approve the resolution entering into an agreement with
the City of Muskegon Heights to share (equally) the number of sub-zones available to
each community (5 per community) and agreeing that the City of Muskegon will not
withhold support for the expansion of existing, or the creation of, new Renaissance
sub-zones by the City of Muskegon Heights. This agreement will only be valid upon




SEPTEMBER 12, 2000                                                                2
receipt of a resolution from the Muskegon Heights City Council agreeing to the same
terms.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To approve the resolution.


               d. Six Month Extension to Complete Construction of Home.
                  PLANNING & ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: To approve a six-month extension to allow Mr. Juan & Mrs.
Antoinette Ware to complete construction of a single-family home on Meeking
Street. The original agreement between the City and the Wares stipulated that con-
struction of the home was to be completed within 18 months. The City has customar-
ily granted extensions to persons who have shown that they are dedicated to com-
pleting construction and worked with staff to select a competent builder to construct
the home and feel that the six month extension will allow them enough time to build
their home.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Staff recommends approval of the time extension, as
well as, authorization for both the Mayor and the Clerk to sign the resolution and
deed.
   Motion by Commissioner Benedict, second by Commissioner Aslakson to approve
the Consent Agenda with the exception of items {e) and {f).
  ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
                    Nielsen
             Nays: None
ADOPTED


2000-087    ITEMS REMOVED FROM CONSENT:
               e. Sale of Vacant Non-Buildable Lots in East Muskegon.
                  PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: To approve the sale of the vacant lots designated as map
numbers 24-31-33-106-021 & 022 to Mr. Eddie Whisler of 1993 Austin. Each lot has ap-
proximately 33 feet of frontage but combined would meet the definition of a build-
able lot. Staff and the Land Reutilization Committee agreed that the likelihood of
someone purchasing the two lots for the construction of a new home was very low,
and consequently recommended approval of the sale to Mr. Whisler. The parcels
are being offered for $100 each. The other adjacent property owner showed no in-
terest in purchasing any of the lots.



SEPTEMBER 12, 2000                                                                 3
   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 Committee rec-
ommended this sale at their October 1999 meeting.
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap-
prove the sale of the vacant lots to Mr. Eddie Whisler of 1993 Austin.
  ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
                   Schweifler
             Nays: None
ADOPTED


               f.   MDOT/City of Muskegon State Highway Maintenance Contract.
                    PUBLIC WORKS
    SUMMARY OF REQUEST: The Michigan Department of Transportation (MOOT) de-
sires to renew its contract with the City of Muskegon for road maintenance on State
Highways located within the City of Muskegon.
   The City of Muskegon designates Robert Kuhn, its Public Works Director, as the
Maintenance Superintendent on state trunkline highways, and authorizes him and
the City Clerk to execute this contract on the City's behalf.
   This is a three-year renewable contract.
   FINANCIAL IMPACT: Our annual contract with MOOT is approximately $204,000 per
year.
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Recommend approval of three-year contract, with the
designation of Robert Kuhn as the Maintenance Superintendent, and authorizes him
and the City Clerk to execute the contract on the City's behalf.
   Motion by Commissioner Shepherd, second by Commissioner Aslakson to renew
the contract with the Michigan Department of Transportation for road maintenance
on State highways located within the City of Muskegon and authorize Robert Kuhn,
Public Works Director and the City Clerk to execute the contract on the City's behalf.
  ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
                   Shepherd
             Nays: None
ADOPTED




SEPTEMBER 12, 2000                                                                  4
2000-088    PUBLIC HEARINGS:
               a. 2001 Budget.
                  FINANCE
   SUMMARY OF REQUEST: This is the time set for a public hearing on the City's pro-
posed budget for the year 2001. The proposed 2001 budget has been available for
public inspection at City Hall and at the Hackley Public Library since September l st •
At this time the City Commission may take action to adopt the 2001 budget with
whatever changes or adjustments it deems necessary. In any event, City Charter re-
quires the 200 l budget be adopted no later than September 25, 2000.
    FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2001. As proposed, the budget includes no property tax in-
crease.
   BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the legal
appropriation authority necessary for City departments to conduct operations in
2001.
    STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2001 City of Muskegon Budget resolution. Also, approval
of the 3rd quarter 2000 Budget Reforecast as shown in the Budget Book is recom-
mended at this time. The Commission met in a Worksession Monday, September 11 th
to review the budget.
   The Public Hearing opened at 5:53 p.m. to hear and consider any comments from
the public. Tim Paul, Finance Director gave an overview of the item. Comments
were heard from the Commission, no comments were heard from the public.
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to close
the Public Hearing at 6:00 p.m.
  ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
                   Sieradzki
             Nays: None
ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Spataro to adopt the
2001 Budget.
  ROLL VOTE: Ayes: Aslakson, Schweifler, Sieradzki, Spataro
             Nays: Benedict, Nielsen, Shepherd
ADOPTED


                b. Request for an Industrial Facilities Exemption Certificate - SAPPI
                   Fine Paper.
                   PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, SAPPI
Fine Paper, 2400 Lakeshore Drive, has requested the issuance of an Industrial Facilities



SEPTEMBER 12, 2000                                                                    5
Exemption Certificate. Total capital investment for this project is $9,493,520 in per-
sonal property. The project will not create any new employment opportunities.
SAPPl's current workforce is 735.
   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 resolution granting an Industrial Facili-
ties Exemption Certificate for a term of 9 years.
   The Public Hearing opened at 6:12 p.m. to hear and consider any comments from
the public. Matt Dugener gave an overview of the item. No comments were heard.
  Motion by Commissioner Spataro, second by Commissioner Shepherd to close the
Public Hearing at 6:21 p.m. and to approve the issuance of an Industrial Facilities Ex-
emption Certificate for SAPPI Fine Paper, 2400 Lakeshore Drive.
  ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                   Aslakson
             Nays: None
ADOPTED


               c. Request for Time Extension for IFT Certificate No. 97-534, Neway
                  Anchorlok International.
                  PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Neway
Anchorlok International, 1950 Industrial Boulevard, Muskegon, Michigan has re-
quested a time extension of Industrial Facilities Exemption Certificate No. 97-534.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the resolution granting a time extension on
Industrial Facilities Exemption Certificate No. 97-534 for a term of 1 year.
   The Public Hearing was opened at 6:22 p.m. to hear and consider any comments
from the public. Matt Dugener gave an overview of the item. No comments were
heard.
  Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to close the
Public Hearing at 6:24 p.m. and to approve a time extension of Industrial Facilities Ex-
emption Certificate No. 97-534 for Neway Anchorlok International, 1950 Industrial
Boulevard, Muskegon, Michigan.
  ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
                   Benedict
             Nays: None
ADOPTED



SEPTEMBER 12, 2000                                                                    6
                d. Create the Special Assessment District for Irwin Avenue.
                   ENGINEERING
    SUMMARY OF REQUEST: To hold a public hearing on the proposed special assess-
ment of Irwin Avenue from Peck Street to Wood Street project, and to create the
special assessment district and appoint two City Commissioners to the Board of Asses-
sors if it is determined to proceed with the project. Furthermore, if the district is cre-
ated to award the contract to Felco Contractors since they were the lowest respon-
sible bidder with a bid price of $344, 113.03.
   FINANCIAL IMPACT: The construction cost of $344, 113.03 plus related engineering
expenses.
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: To approve the creation of the special assessment and
assign two City Commissioners to the Board of Assessors by adopting the resolution.
Also, if the district is created to award the contract to Felco Contractors.
   The Public Hearing opened at 6:25 p.m. to hear and consider any comments from
the public. Mohammed AI-Shatel, City Engineer gave an overview of the item.
Ciggzree Morris, 311 W. Muskegon is opposed. Kevin McCloud, 196 Irwin is opposed.
Russ Reagen, 211 Irwin is opposed. Janet Johnson, 191 Irwin is opposed.
   Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to close the
Public Hearing at 6:44 p.m. and create the special assessment district and appoint
two City Commissioners to the Board of Assessors, and to award the contract to Felco
Contractors.
  ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
                    Nielsen
             Nays: None
ADOPTED
   Mayor Nielsen appointed Vice Mayor Sieradzki and Commissioner Shepherd to
the Board of Assessors.



                e. Spreading the Special Assessment Roll for Morton Avenue.
                   ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Morton Avenue, Torrent Street to Bourdon Street, and to adopt the
resolution confirming the special assessment roll.
  FINANCIAL IMPACT: A total of $35,288.18 will be spread against the twelve parcels
abutting the project.



SEPTEMBER   12, 2000                                                                    7
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
  The Public Hearing opened at 6:46 to hear and consider any comments from the
public. Mohammed AI-Shatel, City Engineer gave an overview of the item. No
comments were heard.
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to close
the Public Hearing at 6:51 p.m. and to spread the special assessment for Morton Ave-
nue, Torrent Street to Bourdon Street and to adopt the resolution confirming the spe-
cial assessment roll.
  ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
                   Schweifler
             Nays: None
ADOPTED


CITY MANAGER'S REPORT:
   A worksession for the Smart Zone Project/High Tech Park will have to be planned.
The Commissioners will be notified of when the meeting will take place.


2000-089    UNFINISHED BUSINESS:
               a. SECOND READING. Dangerous Building Ordinance.
                  INSPECTION SERVICES DEPARTMENT
  SUMMARY OF REQUEST: To adopt the ordinance, which is meant to clean up the
dangerous building procedure. The procedure has proven to be somewhat cumber-
some and troublesome in Circuit Court. This will give us a better chance in Circuit
Court to overcome due process difficulties.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To adopt the ordinance.
   Motion by Commissioner Benedict, second by Commissioner Shepherd to adopt
the ordinance to clean up the dangerous building procedures.
  ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
             Nays: Sieradzki
ADOPTED




SEPTEMBER 12, 2000                                                                  8
               b. Lighthouse Park.
                  LEISURE SERVICES
   SUMMARY OF REQUEST: The Beachwood/Bluffton Neighborhood Association has
requested that the property within Pere Marquette that is across from Elliot 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 recommends ap-
proval.
   Motion by Commissioner Aslakson, second by Commissioner Benedict to approve
the property within Pere Marquette that is across from Elliot Park be named Lighthouse
Park with appropriate signage.
  ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
             Nays: None
             Absent: Sieradzki (left the room momentarily)
ADOPTED


2000-090 NEW BUSINESS:
               a. FY 2000 Local Law Enforcement Block Grant.
                   POLICE
     SUMMARY OF REQUEST: Staff requests that the City Manager be authorized to ne-
gotiate an agreement with the County of Muskegon due to a Disparate Funding Cer-
tification and then submit the Fiscal Year 2000 Local Law Enforcement Grant Applica-
tion in the amount of up to $137,311. This grant requires local cash match up to
$15,257. This would be the amount of match 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 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 only allowing
30 days from the time of the grant announcement until all negotiations, hearings and
applications are completed. Therefore, staff is asking for Commission approval at this
time.
   FINANCIAL IMPACT: $137,311 maximum to be received from the U.S. Department
of Justice, $15,257 maximum required as a local cash match and must be placed in
the same trust account as the federal grant funds.


SEPTEMBER 12, 2000                                                                    9
   Note that the grant covers a 2-year period.
   BUDGET ACTION REQUIRED: A local cash match is required. If there were no shar-
ing with the County the total match would be $15,257. 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 account 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 Fiscal
Year 2000 Local Law Enforcement Block Grant Application.
   Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
the City Manager to negotiate an agreement with the County of Muskegon due to a
Disparate Funding Certification and then submit the Fiscal Year 2000 Local Low En-
forcement Grant Application in the amount of up to $137,311.
  ROLL VOTE: Ayes: Aslokson, Benedict, Nielsen, Schweifler, Shepherd, Sierodzki,
                    Spataro
             Nays: None
ADOPTED


               b. Walker Arena Compressors.
                  LEISURE SERVICES
   SUMMARY OF REQUEST: To authorize the expenditure of up to $20,000 for repairs to
the Arena compressors.
   FINANCIAL IMPACT: Not to exceed $20,000.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approve
    Motion by Commissioner Schweifler, second by Commissioner Spataro to author-
ize the expenditure of up to $20,000 for repairs to the Arena compressors.
  ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sierodzki, Spataro,
                   Aslokson
             Nays: None
ADOPTED


               c. Whittaker Electric Renaissance Zone Expansion. Porker Plastics.
                  PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: Pursuant to Public Act 376 of 1996, as amended, Parker
Plastics is requesting the approval of the resolution expanding the Whittaker Electric
Renaissance Zone to incorporate a portion of the former Federal Mogul (Piston Ring)
facility located on Laketon Avenue near Fairview Street. The proposed project will
create 52 new permanent full-time jobs and result in the investment of $2 million in


SEPTEMBER 12, 2000                                                                  10
equipment and machinery as well a more than $440,000 in improvements to the site
and buildings. This request will utilize approximately $1,430 of the City Revenue In-
vestment Cap for the Renaissance Zone program.
   FINANCIAL IMPACT: Certain real and personal property taxes will be exempt from
collection for a period of 14 years beginning January 1, 2001. Additional income
taxes will be collected as a result of this project.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To approve the resolution upon condition that Parker
Plastics posts a performance bond equal to the amount of local taxes to be ex-
empted over a period of 14 years.
   Motion by Commissioner Shepherd, second by Commissioner Aslakson to ap-
prove the resolution expanding the Whittaker Electric Renaissance Zone to incorpo-
rate a portion of the former Federal Mogul facility located on Laketon Avenue near
Fairview Street.
  ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
                   Benedict
             Nays: None
ADOPTED


2000-091    ANY OTHER BUSINESS:
   Vice Mayor Sieradzki inquired about the Worksession on the Community Center.
He also spoke regarding curb cuts in the Oakview Neighborhood. He reported that
MichCon tore up sidewalks that were recently repaired.
  Motion by Vice Mayor Sieradzki, second by Commissioner Benedict to make sure
we can arrange to do the curb cuts, contact the schools regarding the cuts and lo
spend all available funds on the project.
   Amendment by Commissioner Shepherd, second by Commissioner Spataro to ta-
ble this request and discuss it at the next Regular Commission Meeting.
  ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
                   Schweifler
             Nays: None
ADOPTED


PUBLIC PARTICIPATION:
    Various comments were heard from the public.
   Motion by Vice Mayor Sieradzki to allow Victor Sieradzki additional lime to speak.
No second was recognized by the Mayor.
    CLOSED SESSION: To consider a personnel performance evaluation.




SEPTEMBER 12, 2000                                                                11
   Motion by Commissioner Spataro, second by Commissioner Benedict to adjourn to
Closed Session at 9:28 p.m. to consider a personnel performance evaluation.
  ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
                   Shepherd
             Nays: None
ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Spataro to return to
the Regular Commission Meeting at 10:29 p.m.
  ROLL VOTE: Ayes: Aslakson, Schweifler, Sieradzki, Spataro
             Nays: None
             Absent: Benedict, Nielsen, Shepherd
ADOPTED


ADJOURNMENT:
  The Regular Commission Meeting was adjourned at 10:30 p.m .
                                          Respectfully submitted,




                                          Gail A. Kundinger, CMC/AAE
                                          City Clerk




SEPTEMBER 12, 2000                                                            12
                                 AGENDA ITEM
                          CITY COMMISSION MEETING
                                September 5, 2000

TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker, Chief of Police

DATE:         August 16, 2000

SUBJECT:      FY 1998 Local Law Enforcement Block Grant



SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of FY 1998 Local Law Enforcement Block Grant (LLEBG) money to
purchase 3 Panasonic Toughbook Ruggedized laptop computers. This purchase includes
additional hardware which will allow the laptops to be mounted in the police cruisers.
This would replace the current configuration of have a Mobile Data Terminal and a
laptop in each cruiser. The Panasonic laptop will be dual function, allowing officers to
run computer queries and complete reports in the field.

BUDGET ACTION REQUIRED: $18,494.00 in grant money to be utilized for this
purchase. IS staff have assisted us in preparing this package. Funds from the FY 1998
LLEBG must be expended no later than September 30, 2000.

FINANCIAL IMPACT: Will reduce costs associated with maintaining two computers
in each cruiser.

STAFF RECOMMENDATION: To grant approval for the use ofLLEBG funds for
this project.
                           Muskegon Police Department
                                  Anthony L. Kleibecker
                                     Chief of Police




TO:            Honorable Mayor and City Commissioners

FROM:          Anthony L. Kleibecker, Chief of Police ~ L . I ~

DATE:          August 16, 2000

SUBJECT:       FY 1998 Local Law Enforcement Block Grant


Attached you will find bids from 3 companies in regards to this proposed purchase.
When all of the costs are tabulated, Office Machines Company of Muskegon comes in
with the low bid. The Muskegon County Sheriffs Depaitment has assisted us in this
project and is using the same supplier.

If you have any questions, please don't hesitate to contact me.
                                                                   City of Muskegon
                                                                   Information Systems




Memorandum
  To:     Anthony Kliebecker


  CC:     Jim Maurer
  From:   Wayne B. Peterson
  Date:     08/15/00
  Subject: Multipurpose Laptops




         Multipurpose Laptops for the Muskegon Police Department patrol cars. Jeff Lenartowitz has
  managed to get the CLUES software to work in a WINDOWS environment. Jeff has purchased
  Panasonic Toughbooks, Ruggedized, Model CF-27 to replace the current configuration of having two
  PC's in the County cars, One MDT and an additional PC for CLUES reporting. Here is a breakdown of
  the cost for three Laptops to be used in the MUPD patrol cars.

 Description                        Model                  Price      Quantity      Total

 CF-27 PII 333 Laptop computers CF-27FCCKFAM               $ 5034.00 3              $15,102.00

  Backlit Keyboard                  CF-WMKB271             $ 322.00 3               $   966.00

 Keyboard Integration Charge                               $   30.00 3              $   90.00

 AC Auto Adapter                    PA-1540-201            $   95.00 3              $ 285.00

  Port Replicator for floor mount   CF-WEB273              $ 363.00 3               $ 1,089.00

 Gamber/Johnson Pan                 GJ-PAN-CF27            $    75.00 3             $   225.00

 Gamber/Johnson Pole                DS Pole                $    75.00 3             $   225.00

 Gamber/Johnson Clevis              DS Clevis              $    66.00 3             $ 198.00

 24XCD-Rom                          CF-VDD271               $ 314.00 1              $ 314.00

                                                                                    $18,494.00




 • Page 1
The Toughbook™ 27:                                            CPU                        • Intel• Pentium• II 300MHz processor
                                                                                         • 512KB L2 cache (Plpellne Burst)


Fully Ruggedized.                                             Storage & Memory           •
                                                                                         •
                                                                                         •
                                                                                             64MB SDRAM standard, expandable to 192MB
                                                                                             6,3GB HDD standard (up to 12GB HOD avallable)
                                                                                             Removable HOD Is mounted In shock•absorblng gel and encased In stainless steel

The Ultimate in                                                                          •
                                                                                         •
                                                                                             Quick-access battery/HOD cover for easy HDD replacement
                                                                                             1.44MB FDD

Durability and                                                Dlsplay                    •
                                                                                         •
                                                                                             12.1" 800 x 600 TFT Active Matrix Color LCD with Touchscreen
                                                                                             Sealed LCD Is splll-reslstant and dust•reslstant, IPX1 compllant
                                                                                         •   uoayBrlte™ ARX" anti-reflective LCD for viewing even In bright sunlight
Performance.                                                                             •
                                                                                         •
                                                                                             Magnesium LCD case Is 20x stronger than ABS plastlc cases
                                                                                             NeoMaglc..,. NM2200 video controller, 2.5MB VRAM
                                                                                         •   External video support up to 1024 x 768 at 16M colors

                                                              Audio                      • Yamaha YMF74416-blt Sound Blaster Pro..,. compatlble audio controller
  Full Magnesium Case                                                                    • Integrated speaker
                                                                                         • Convenient keyboard volume controls {Fn+F5/F6 keys)
• Splll-resistant Keyboard, LCD
  and Touchpad                                                PC Cards                   •   Type II x2orType Ill X1
                                                                                         •   Sealed, reinforced Alumlnum Alloy PC Card door
• Shock-mounted HOD                                                                      •   Positive-lock PC Card door for rellablllty
• Ready for Wireless Communications                                                      •   ZV (Zoomed Video) Port and Cardbus Support

                                                              Multimedia Pocket          •   Holds 3.5" FDD (standard)
                                                                                         •   Accepts optlonal 24X {max) CD-ROM Drive {CF-VCD271)
                                                                                         •   CD-ROM and FDD can be used slmultaneously {w/FDD cable CF-VCF271)
                                                                                         •   Accepts optional SuperDlsk..,. Pack (CF-VFS271)
                                                                                         •   Sealed, reinforced Alumlnum Alloy Multimedia Pocket (MP) door
                                                                                         •   Positive-lock MP door for rellablllty

                                                              Keyboard & Input           •   87-key, Wlndows•9S-ready keyboard
                                                                                         •   Enhanced pressure sensitive touchpad
                                                                                         •   Touchscreen LCD
                                                                                         •   Sealed, spill-resistant keyboard, LCD and touchpad for protection against dust,
                                                                                             moisture and spllls

                                                              Interface                  •   Infrared                                    4Mbps lrDA
                                                                                         •   Serlal                                      0-sub 9 pin
                                                                                         •   Parallel                                    0-sub 25 pin
                                                                                         •   External Video                              0-sub 15 pin
                                                                                         •   External FDD Connection                     via parallel port with optional FDD cable
                                                                                         •   External Keyboard/Mouse                     Mini-DIN 6 pin
                                                                                         • use                                           4 pin
                                                                                         • Port Repllcator                               80 pin (Reinforced)
                                                                                         • Headphones/Speaker                            Mini-Jack Stereo
                                                                                         • Microphone/Line In                            Mini-Jack

                                                              Power Supply               •   Lithium Ion battery (10,8V, 3450mAh)
                                                                                         •   AC Adapter: AC 100V·240V 50/60Hz, Auto Sensing/Switching for worfdwlde power suppfy
                                                                                         •   Quick access battery/HOD cover for easy battery replacement
                                                                                         •   Battery charging time: approxlmately 2.5 hours/OFF, 4.5 hours/ON
                                                                                         •   Pop-up on-screen battery status reporting

                                                              Power Management           • Suspend/Resume Function, Hibernation, ECO Mode, APM BIOS

                                                              Software                   • Preloaded Microsoft• Windows• 95 standard (Windows• NT avallable)
                                                                                         • Setup, Diagnostics, DMI Viewer, Phoenix.Card Manager™, On-llne Reference Manual,
                                                                                           Adobe• Acrobat• Reader, Panasonic• Hand Writing

                            Now with                          Security Features          • Password Security: Supervisor, User, Coffee Break
                                                                                         • Integrated Kensington Lock Slot
                    Intel® Pentium® II
                                                              Warranty                   • 3 year limited warranty, parts & lal>or
                         300MHz CPU
                                                              Dimensions & Weight        • 2.3"(H) x 9.5"(0) X ll.S"(W)
                                                                                         • 8.2 lbs., Including battery, FDD and handle

                                                              Accessories*               •   Preloaded Microsoft• Windows• NT          CF27•NT
                                                                                         •   12GB HOD                                  CF-VHDE120GB
                                                                                         •   24X (max) CD-ROM Drive                    CF-VCD271
                                                                                         •   SuperDlsk™ Drive Pack                     CF-VFS271
                                                                                         •   DVD-ROM Drive Pack                        CF-VDD272M
                                                                                         •   Desktop Port Replicator                   CF-VEB272
                                                                                         •   Vehicle Mounting Port Replicator          CF-WEB273
                                                                                         •   High-gain Antenna Pass-thru Cable         CF-WEW275
                                                                                         •   Vehicle Mounting Port Repllcator with     CF·WEB273CBL
                                                                                             Integrated High-gain Antenna Pass-thru Cable
                                                                                         •   FDD Cable                                 CF•VCF271

               Panasonic•                                                                •
                                                                                         •
                                                                                         •
                                                                                             Battery Charger
                                                                                             Battery Pack
                                                                                             AC Adapter
                                                                                                                                       CF·VCB251
                                                                                                                                       CF-VZSU04
                                                                                                                                       CF-AA1639M

     IITOUGHBUi]                                                                         •   Integrated Wireless Solutions
                                                                                             - American Moblle (DataTAC) Network
                                                                                             - CDPD Network
                  TAKE IT.i'j'                                                               - BellSouth {Mobltex) Network
                                                                                         •   Backlit Keyboard Upgrade                  CF-WMKB711
        1-800-662-3537                                                                   •   Memory Cards
  www.panasonic.com/toughbook                                                                Pentium• II configurations (SDRAM)
                                                                                             - 16MB                                    CF-WM BA 7116
                                                                                             - 32MB                                    CF-WM BA 7132
                                                                                             - 64MB                                    CF-WMBA7164
Panasonic Is constantly enhancing product specifications                                     - 128MB                                   CF-WMBA 71128
and accessories. To find the most up-to-date Information on                                  Pentium• MMX..,. configurations (EDO RAM)
the Toughbook 27, please visit our web site. Specifications                                  - 16MB                                    CF-BA6116
subject to change without notice, All other trademarks are                                   - 32MB                                    CF-BA6132
property of their respective owners.                                                         - 64MB                                    CF-BA6164
                                                                                             - 128MB                                    CF-BA61128

                                                              • Accenorles may vary depending on your notebook configuration,
SS27 1/31/00
                                                                Please consult your reseller or Panasonic representative before purchasing accessories.
      AUG-14-2000           16'08        FROM                                TO                  97224301         P,01/01




OMC
OFFICE MACHINES COMPANY, INC.
Digiral Cnpiers/PrillJers • IAser Facsimile
         Computers • Networks
     Computer ApplicatWns Training




                                                    AUGUST 14. 2000

           CITY OF MUSKEGON


          ATTN: WAYNE PETERSON

          OUOTE FOR MUSKEGON POLICE DEPT.

          PANASONIC TOUGHBOQli MQDEL X7 OUOTE;

          DESCRIPTION

          CF-Pll 333/13.3" XGA/128MB RAM/12GB HARD DRIVE                                              $ 5,034.00
          56K MODEM/ WIN95
          CF-27FCCKFAM

           OPTIONS:

           CF-VCDD271 24X CD ROM                                                                         $ 314.00

          CF-WMKB271 BACKLIT KEYBOARD                                                                    $ 322.00

          KEYBOARD INTEGRATION CHARGE                                                                     $ 30.00

          PA 1540-201 AC AUTO ADAPTER                                                                     $ 95.00

           CF-WEB273 PORT REPLICATOR FOR THE FLOOR MOUNT                                                 $ 363.00

          IN-THE-BOX PRICES
          NO SHIPPING CHARGES
          NOTE: PAYMENT IS DUE IN 5 DAYS AFTER DELIVERY


          ERNIE UHLBECK




                                       1171 E. Sherman Blvd.• Muskegon, Michigan 49444
               (231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachlnes.com
                                                                                                              TOTAL P.01
 Item Page                                                                  Page I of 1


                                    View :YQ._ur Shopping Cart

                                    Item Display Page

 CF-27FCCKFAM
 Vendor :      Panasonic
 Panasonic Notes
 Description : Toughbook 27, PII 333 MHz, 13.3"XGA/TOUCH, 128RAM, 12GB HD, 24x
               Optiona!CD-ROM, Win 95
 Price :       5,012.96
 Updated:      Updated 8/9/00 11:26:22 AM
 Quantity    I     Adc(to Cart ·.




http://www.mieuc.com/products/itempage.asp?item_id=29l03                    8/14/2000
Cart                                                                                                  Page 1 of l



                                      EDS Shopping Cart

I       Part#
                   II
                              Description
                                                  II
                                                         Price
                                                                   II Quantity II Line Total II Delete I
    CF-VCD271W          Internal 24X CD ROM
                        Drive (for Pocket Slot)
                                                       ,31223      I ~ >lJpd~te       i LJDele<ol
                        for TB-27

    CF-
    27FCCK.FAM98
                        Toughbook 27, PU 333,
                        13.3
                                                  1

                                                  1 I r$5.012.96           ··upd~te
                                                                                      I
                                                                                      I
                                                                                          $15,038.88   I I
                                                                                                        Delete

    CF-WEB273           Full PlateNehcl Port
                        Rep, all ports + 2nd
                                                       $351.36
                                                                    13    ·• Update
                                                                                      I   $1,054.08     Delete

                        Serial for TB-27, Needs


                   I
                        3rd party mo

I   CF-WMKB271          BackLit Keyboard for
                        TB-27                     EJI r                    Update     IEJI I
                                                                                      I                 Delete

Quote Subtotal: $17,352.74
*Price good for 30 days*

EmaiLyQurQuote.




http://www.mieuc.com/products/display_cart.asp                                                         8/14/2000
                                                                                                                            Page I of 2



                                      Panasonic•
                          All notebooks are BRAND NEW only! We don't sell refurbished computers or open boxes. To purchase,
                          use our secure on-line ordering system that will also help you to learn about upgrade options and
                          shipping costs. Just click on the details or order button of the Item of your interest. You can also
                          purchase separately accessories and upgrades for notebooks, Just click on accessories link under the
                          name of the model of your Interest. If you have any questions, please send us e-mail inquiry to
                          sales@euclidcomputers.com about the items you are interested in or call us toll-free: 877-EUCLIDl (877-




       Model,
   (Part Number)
                       BB~[filB
                          382-5431)



                                      Display     -
                                                  RAM
                                                           __
                                                           DVD
                                                                  Modem Dimensions
                                                                          ---
                                                                              Weight
                                                                                             Warranty
                                                                                              ---
                                                                                             Comments
                                                                                                             Usually
                                                                                                              Ships
                                                                                                                        [:] $4495
                                                                                                                                         ..
                                      B~EJB
  Tough book CFM17
         {CF-                                                                9x7.4x1. 7        3 year                           .       ·
   17TR42AEMRAM)
                        Ce!eron
                                                                               ---            ---            delayed        details .
                        300MHz                                                                               shipping
    specifications
     accessories
                                                                               3.8Ibs      W98 ruggedized
                                                                                                                             orde:t''       .


                                        ··'"BB
    Toughbook 27                                                                               3 years                      $4849
   {CF-27EB6GCAM)       Pentium                                             ll.8x9,5x2.3
    specifications         II
                                        TFT
                                                  -     optional optional
                                                                                                            within 3-       details
                                      12.1inch                                             W95 ruggedized    4 days
     accessories        300MHz                   64/192                        8.2Ibs        Ask about
        review                                                                              special price                    order

                                                                                                                            $4849



                                       ~EJEJ
   Toughbook 27                                                                                3 years




                                                      B
 {CF-27EB6GCAM98)       Pentium
                                        TFT
                                                                            11.8x9.5x2.3      ---                           details
                           II                                                              W98 ruggedized
                                      12.1inch
    specifications      300MHz                                                 8.2Ibs        Ask about
     ~ccessories                                                                            special price                    order

                                                                                               3 years
   Toughbook 27                                                                                                             $4970



                                           BB
                                                                                              ---
 (CF-27EB6GCAMNT)       Pentium                   6.0G                      11.Bx9.5x2.3
                           II
                                        TFT                                                    NT4.0        within 3-       details
                                      12.1inch                                             ruggedlzed Ask    4 days
    specifications      300MHz                   64/192                        8.2Ibs
                                                                                            about special
     accessories                                                                                                             ~
                                                                                                price

   Toughbook 27
  (CF-27E86GDAM)
   specificat,l()ns
    accessori~-~
                        Pentium
                           II
                        300MHz
                                        TFT
                                           EJEJ""~"'' B
                                      12.1inch
                                                  -
                                                 64/192
                                                  0.%
                                                        optional optional      ---
                                                                               8.2Ibs
                                                                                               3 years

                                                                                           W95 ruggedized
                                                                                             Ask about
                                                                                            special price
                                                                                                                            $5199
                                                                                                                            details

                                                                                                                             order

                                                                                                                            $5749
                                                                                                                                            ·.




                                       ~EJEJB
   Toughbook 27
                        Pentium                                                               ---
 {CF-27FCCKFAM98)
                           II
                                        TFT                                                                 delayed         details
   specifications                     13.3inch                                             W98 ruggedized   shipping
                        333MHz                                                                                                               .
    ~.t:_cessorie$                                                                                                           order               .




   Toughbook 27                                                                                                             $5835



                                       ~EJEJ
                                                                                               3 years




                                                      B
       {CF-
                        Pentium                                             11.8x9.5x2.3
 27EB6GCAM98CDP)
                           II
                                        TFT                                                                                 details
                                      12.1inch                                             W98 ruggedized
                        300MHz
                                                                                                                             order ·•·
   specifications                                                              8.2Ibs        Ask about
    accessories                                                                             special price               .




                                          Fir$t Previou~ Showing 21-27 of 27

This site is created for online purchasing only, That allows us to provide you with best prices on the market, Please note that you
will be receiving all pre and post sales support from us by E-mail. With all questions please write to sale_~@_~uclidcomputers.com, or
call us toll-free: 877-EUCL!Dl (877-382-5431).


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http://www.euclidcomputers.com/compu terpage.c gi ?Panasonic_20                                                              8/14/2000
OMC
OFFICE MACHINES COMPANY, INC.
Digital Copiers/Pn'nters • Laser Facsimile
         Computers • Networks
     Computer Applications Training




          APRil. 17. 2000


          MUSKEGON COUNTY SHERIFF DEPT.



          ATTN: JEFF



          PANASONIC TOUGHBOOK MODEL 27 QUOTE:


          DESCRIPTION                                                                           INVESTMENT



          CF-PII 333/13.3" XGA/128MB RAM/12GB HARD DRIVE                                             $ 4,900.00
          56K MODEM/ WIN95
          CF-27FCCKFAM
          (WIN98 NOT AVAILABLE YET)




          OPTIONS:

          CF-VCDD271 24X CD ROM                                                                        $ 314.00

         CF-WMKB711 BACKLIT KEYBOARD                                                                   $ 322.00

          KEYBOARD INTEGRATION CHARGE                                                                   $ 30.00

         CF-27 CAR MOUN'r PORT REPLICATOR                                                              $ 363.00
         CF-AA1639 AC ADAPTER                                                                           $ 89.00
         CF-VDD-272M DVD ROM                                                                           $ 369.00



         IN-THE-BOX PRICES
         NO SHIPPING CHARGES


         ERNIE UHLBECK


                    ,,              1171 E. Sherman Blvd.• Muskegon, Michigan 49444
            (231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachines.com
;_"='




        OMC
        OFFICE MACHINES COMPANY, INC.
        Digital Copiers/Printers • Laser Facsimile
                 Computers • Networks
             Computer Applications Training




                                                           JULY 27 « 2000


                CENTRAL DISPATCH



                ATTN: TIM KOENS

                QUOTE FOR MUSKEGON TOWNSHIP POLICE DEPT.


                PANASONIC TOUGHBOOK MODEL 27 QUOTE;


                DESCRIPTION                                                                            INVESTMENT



                CF-PII 333/13.3" XGA/128MB RAM/12GB HARD DRIVE                                             $5,059.00
                56K MODEM/ WIN95
                CF-27FCCKFAM


                OPTIONS:

                CF-VCDD271 24X CD ROM                                                                         $ 314.00

                CF-WMKB711 BACKLIT KEYBOARD                                                                   $ 322.00

                KEYBOARD INTEGRATION CHARGE                                                                    $ 30.00


                PA 1540-201 AC AUTO ADAPTER                                                                    $ 89.00
                CF-VDD-272M DVD ROM                                                                           $ 369.00

                IN-THE-BOX PRICES
                NO SHIPPING CHARGES
                NOTE: PAYMENT IS DUE IN 5 DAYS AFTER DELIVERY


                ERNIE UHLBECK




                           ··•              1171 E. Sherman Blvd. • Muskegon, Michigan 49444
                    (231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachines.com
Special ShippiRg                                                                                                Page 1 of 1



                                                              Shipping
                                                     Emergency Shipping
                                               Transportation of Goods - Freight
                                              Michigan Commodity Code - 962-86

Overnight and second day shipping are available under the State of Michigan End User Computing
contract. Special shipping is only available on products that are not constrained by the manufacturer and
in stock at the EDS warehouse, and is intended for emergency situations only. Once the order is placed
with EDS and the order meets the above requirements, the order will be shipped to the customer either
overnight or 2-day.

All purchase orders specifying overnight delivery will be charged $83.00. The charge is for processing
the order - freight/shipping charges are in addition to the processing fee. Second day delivery is
available with no additional surcharge. However, customers will be charged for the actual
freight/shipping costs associated with the second day delivery.

When you have an emergency business need necessitating overnight and/or second day shipment, please
contact the EDS Customer Assistance Center (l-800-777-8923). To ensure product availability and
timely receipt of the emergency order, please do the following:

     • Verify the contents of the purchase order are STOCKED at the EDS Warehouse.

     • FAX the purchase order to the EDS Customer Assistance Center by 2:00 P.M. Eastern Time (1-
       800-989-7765).

     • Make sure the expedited delivery options are properly included on the purchase order.

     • Please indicate your desire for EDS to ship goods overnight by placing the following information
       on the purchase order:

                                    EDS Part Number Description             Price
                                    904-23270       Overnight Air Surcharge $83.00

Purchase orders must indicate the F.0.B. shipping point.

Special Deliveries include products sent to a "Ship To" address without a loading dock or personnel
specifically assigned to receiving equipment. In order for EDS to successfully deliver a special delivery,
instructions must be noted in the "Ship To" field on the purchase order. In addition, a call should be
placed to the appropriate EDS customer assistance center representative, to let he/she know that they can
expect to receive a special delivery order. These steps will help to ensure that special deliveries will be
handled appropriately.

Last Revised: 09-July-99
Copyright© 1997 EDS. All rights reserved.

Send comments to: Nikki Rileyor if your web browser ca1111ot ,mid mail, send directly to 11ikki.riley@eds.com




http://www.mieuc.com/information/shipping.htm                                                                    8/14/2000
                  Commission Meeting Date: September 12, 2000


Date:          August 31, 2000
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Muskegon/Muskegon Heights Renaissance Zone Cooperation
               Agreement



SUMMARY OF REQUEST:

To approve the attached resolution entering into an agreement with the City of Muskegon
Heights to share (equally) the number of sub-zones available to each community (5 per
community) and. agreeing that the City of Muskegon will not withhold support for the expansion
of existing or the creation of new Renaissance sub-zones by the City of Muskegon Heights.
This agreement will only be valid upon receipt of a resolution from the Muskegon Heights City
Council agreeing to the same terms.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the attached resolution

COMMITTEE RECOMMENDATION:

None




8/31/2000
                  MUSKEGON/MUSKEGON HEIGHTS
      RENAISSANCE ZONE DESIGNATION COOPERATION AGREEMENT


WHEREAS, the Cities of Muskegon and Muskegon Heights were jointly designated by
    the State of Michigan as a Renaissance Zone beginning in the year 2000; and

WHEREAS, Public Act 376 of 1996, as amended, provides for the designation often
    (I 0) geographic areas as sub-zones within the larger Muskegon/Muskegon
    Heights Renaissance Zone; and

WHEREAS, upon initial designation of the Muskegon/Muskegon Heights Renaissance
    Zone in 2000, the City of Muskegon selected 2 geographic areas and the City of
    Muskegon Heights selected 4 geographic areas; and

WHEREAS, Public Act 376 of 1996, as amended, provides for the amendment of
    existing and creation of new geographic areas within the Muskegon/Muskegon
    Heights Renaissance Zone (up to a total often (10) distinct geographic areas); and

WHEREAS, it is in the best interest of the mutual redevelopment selected geographic
    areas within both the City of Muskegon and the City of Muskegon Heights that
    this agreement be executed.

NOW THEREFORE BE IT RESOLVED, that both the City of Muskegon and the City of
     Muskegon Heights agree that each community may select no more than 5 (for a
     total of 10) distinct geographic areas within their respective boundaries for
     designation as a Renaissance Zone.

BE IT FURTHER RESOLVED, that both the City of Muskegon and the City of
       Muskegon Heights agree not to withhold their support of the submission of
       selected geographic areas for designation as a Renaissance Zone within the other
       community.

IT IS FURTHER RESOLVED, that this agreement applies to the designation of a
       Renaissance Zone for both newly selected geographic areas as well as modified
       existing geographic areas


This agreement adopted this _ _ _ day of _ _ _ _ _ _ , 2000.




City of Muskegon                                   City of Muskegon Heights



Witness                                            Witness
               Commission Meeting Date: September 12, 2000




Date:         August 24, 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Six Month Extension to Complete Construction of Home


SUMMARY OF REQUEST:

To approve a six-month extension to allow Mr. Juan & Mrs. Antoinette Ware to
complete construction of a single-family home on Meeking Street. The original
agreement between the City and the Wares stipulated that construction of the home
was to be completed within 18 months. The City has customarily granted extensions to
persons who have shown that they are dedicated to completing construction and
contributing to the beautification of the City's residential areas. The Wares have
worked with staff to select a competent builder to construct the home and feel that the
six month extension will allow them enough time to build their home.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the time extension, as well as, authorization for both the
Mayor and the Clerk to sign the attached resolution and deed.

COMMITTEE RECOMMENDATION:

None.




8/24/2000
                                       • -, • • ~ -   ~;   ·1   ••




                                     Resolution No.                  2000-86 (d)

                              MUSKEGON CITY COMMISSION


RESOLUTION APPROVING SIX MONTH EXTENSION TO COMPLETE CONSTRUCTION
OF A SINGLE-FAMILY HOME ON MEEK.ING STREET.

WHEREAS, Juan and Antoinette Wm:e have submitted a request for a time extension; and

WHEREAS, Juan and Antoinette Ware have worked with staff to select a competent builder to
complete construction of their home; and

WHEREAS, the completion of the new home will further enhance the ambiance of the City's
residential area;

NOW THEREFORE BE IT RESOLVED, that Juan and Antoinette Ware be granted an
additional six months to complete construction of their single-family home on Me eking Street.


Adopted this 12t h day of September, 2000

Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedi ct, Nielsen

Nays: None

Absent    None




                                          CERTIFICATION

I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on September 12, 2000.                              ~           /            _
                                                                                              1



                                                                            By:    i:)g,J.,   ~
                                                                                       Gail Kundingd,c k
- __ _j - -   _______ l_


               .LS .L.L3NN38
            Commission Meeting Date: September 12, 2000


Date:       August 24, 2000

To:         Honorable Mayor & City Commissioners

From:       Planning & Economic Development

RE:         Sale of Vacant Non-Buildable Lots in E. Muskegon



SUMMARY OF REQUEST:

To approve the sale of the vacant lots designated as map numbers 24-31-33-
106-021 & 022 to Mr. Eddie Whisler of 1993 Austin. Each lot has approximately
33 feet of frontage but combined would meet the definition of a buildable lot.
Staff and the LRC agreed that the likelihood of someone purchasing the two lots
for the construction of a new home was very low, and consequently
recommended approval of the sale to Mr. Whisler. The parcels are being offered
for $100 each. The other adjacent property owner showed no interest in
purchasing any of the lots.

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 October 1999 meeting.

08/24/00                                                                 I
                                     Resolution No. 2000-87 ( e)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF TWO NON-BUILDABLE LOTS IN EAST
MUSKEGON NEIGHBORHOOD FOR $100 EACH.

WHEREAS, Mr. Eddie Whisler has paid $100 each for map numbers 24-31-33-106-021 and
022, located on Austin;

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 numbers 24-31-33-106-021 and 022, located
on Austin be sold to the above-mentioned buyer.

                             (Continental Add Lot 17 and 18 Blk 8)

Adopted this 12th day of September, 2000

Ayes:    Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweif l er

Nays:    None

Absent     None




                                       CERTIFICATION

I hearby certify that the foregoing constitutes a trne 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 September 12, 2000.                                              . /     1t


                                                                By: ---1:~~- ~~~:=:o:..v,-.
                                                                                     ~~~
                                                                          Gail Kundinger, lerk
- - -    -




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                            ··--~-~·                    m
                                                       QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,

QUIT CLAIMS to EDDIE WHISLER and wife, LEOLA WHISLER, of I 993 Austin, Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                     Lots 17 and 18 of Block 8 of CONTINENTAL ADDITION, to the City of Muskegon.

for the sum of Two Hundred Dollars ($200).

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   _/Jd_ day of __S_e,-P~l~e~m~J_f'_/'___ , 2000.

Signed in the presence of:                                   CITY OF MUSKEGON



~~-4,~                                                       ~;.d~                           :~
 iY CG""-- 1<~l< rrw Ju                                      and                    ,
                                                             Gail A. Kundinger, Its Clerk
                                                                                                           ~

      .:r o   ~ 1\/'"1   k' r ut. 11"" ._, IL i


STATE OF MICHIGAN
COUNTY OF MUSKEGON

         The foregoing instrument was acknow ledged before me this    day of  /J'l/2                S r7lem.be/'
                                                                                                   2000, FRED J.           ,
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MU KEGON, a municipal corporation, on
behalf of the City.


PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole                           L.,°l-1 d c,    S.       /Jofft'/'          Notary Public, Muskegon Co., MI
175 W. App le Ave., Muskegon, MI 49443-0786                  My commission expires:                  'l - o,?,C- o s;,2<


WHEN RECORDED RETURN TO: Grantee                             SEND SUBSEQUENT TAX BILLS TO: Grantee




        G:\COMMON\5\GTJIC-RLEST\WHISLER.PA
Date:       September 12, 2000
To:         Mayor and City Commissioners
From:       Robert Kuhn - Director of Public Works
RE:         Renewal of Maintenance Contract with MDOT
            Trunkline within the City of Muskegon


SUMMARY OF REQUEST: The Michigan Department of Transportation
(MOOT) desires to renew its contract with the City of Muskegon for road
maintenance on State Highways located within the City of Muskegon.

The City of Muskegon designates Robert Kuhn, its Public Works
Director as the Maintenance Superintendent on state trunkline
highways, and authorizes him and the City Clerk to execute this contract
on the City's behalf.

This is a three-year renewable contract

FINANCIAL IMPACT: Our annual contract with MOOT is approximately
$204,000 per year.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Recommend approval of three-year
contract, with the designation of Robert Kuhn as the Maintenance
Superintendent, and authorizes him and the City Clerk to execute the
contract on the City's behalf.

COMMITTEE RECOMMENDATION:




9/18/97
                               CITY OF MUSKEGON
                              MUNICIPAL RESOLUTION
                                    2000-87(£)


       Commissioner Shepherd offered the following resolution and moved for its
adoption.

        BE IT RESOLVED THAT the Municipal Trunkline Maintenance contract
between the MICHIGAN DEPARTMENT OF TRANSPORTATION and the City of
Muskegon for the period 10/1/2000 to 9/30/2004, is hereby accepted and Robert H. Kuhn
is designated as Maintenance Superintendent on sections of State Trunkline Highways as
shown on the Municipal Route Section Map and Budget Sheets.

The following City official Robert H. Kuhn, Director of Public Services is authorized to
sign the said maintenance contract.

       Supported by Commissioner Aslakson.

ADOPTED:       Yeas: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
               Shepherd

               Nays: None



                                            CERTIFICATION
       I hereby certify that the foregoing is a true and correct copy of a resolution made
                                                                                        th
and adopted at a regular meeting of the governing body of this municipality on the 12
day of September, 2000.



                                                            Q_
                                                    STATE OF MICHIGAN

TRANSPORTATION
  COMMISSION
Barton W. LaBelle
 Jack L. Gingrass
                                                     JOHN ENGLER, GOVERNOR
Lowell B. Jackson
 John W. Garside
                                         DEPARTMENT OF TRANSPORTATION
Betty Jean Awrey    TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
  Ted s. Wahby                 PHONE: (5171 373-2090 TDD NO.: (5171 373-0012 FAX NO.: 15171 373-0167


                                                   James R. DeSana, Director
                                                        August 28, 2000

           Bryon Mazade
           City of Muskegon
           933 Terrance Street
           P.O. Box 536
           Muskegon, Michigan 49443-0536

           Dear: Mr. Mazade:

           Re: State Trunkline Maintenance Contract: (Contract No,2000-0672)

          Enclosed is a copy of the Michigan Department of Transportation's Title VI/EEO Compliance
          Application (Fann 5013.) The compliance application must be completed and approved prior to the
          award of any contracts or grants.

          Title VI approval insures vendors contracting with MDOT have met the non-discrimination
          requirements of the Civil Rights Act of 1964. MDOT is a recipient of federal funds, therefore, the
          Department must comply with federal Title VI requirements. The purpose of the Title VI
          compliance application is to provide the Department with a method to ensure that all vendors
          receiving funds have a process in place to monitor equal opportwrity.

          If you have any questions regarding completing this form, please call Vanessa Bridges at
          (248) 967-0570, ext 15.
          Please mail the completed report to:
          Michigan Department of Transportation
          Office of Equal Opportunity
          P.O. Box 30050
          Lansing, MI 48909
          Attn: Melissa Davis

          If you have any questions regarding this letter or your contract, please call me at (517) 322-3306.
          Thank you for your assistance in this matter.
                                                      STATE OF MICHIGAN

TRANSPORTATION
  COMMISSION
 Barton W. LaBelle
 Jack L. Gingrass
                                                       JOHN ENGLER, GOVERNOR
Lowell B. Jackson
John W. Garside                           DEPARTMENT OF TRANSPORTATION
Betty Jean Awrey     TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
  Ted B. Wahby                   PHONE: 1517) 373-2090 TDD NO.: 1517) 373-0012 FAX NO.: 1517) 373-0167


                                                     James R. DeSana, Director
                                                          August 28, 2000


          Bryon Mazade
          City of Muskegon
          933 Terrance Street
          P.O. Box 536
          Muskegon, Michigan 49443-0536

          Dear: Mr. Mazade:

          Re: State Trunkline Maintenance Contract No. 2000-0672

          Enclosed is the original and one copy of the above described contract between your organization and
          the Michigan Department of Transportation (MDOT). Please take time to read and understand this
          contract. If this contract meets with your approval, please complete the following checklist:

                     Please do not date the contracts. The contracts will be dated when they are executed.
                     A contract is not executed unless it has been signed by all parties.

                     Secure necessary signatures on both contracts.

                     Include a certified resolution. The resolution should specifically name the officials who
                     are authorized to sign the contract.

                     Return both of the contracts to the Maintenance Division, 6333 Old Lansing Rd.,
                     Lansing MI 48917, for execution by MDOT. A copy of the executed contract will be
                     forwarded to you.

          You may begin incurring costs in accordance with the terms of the executed contract. It is important
          to note that costs outside of the term of the contract are not allowable.

          If you have any questions, please contact me at (517) 322-3306,

                                                                        ·nc_ ely,     ~           •
                                                                              ..£.
                                                                              ti --           (df<A
                                                                                                      '- _)

                                                                      ~
                                                                      Cheryl Cerqueira, Contract Administrator
                                                                      MDOT Maintenance Division
          Enclosures
    Michigan Department
     of Transportation
    Form 5013 (8 /00)
                           TITLE VI/EEO COMPLIANCE APPLICATION
Title VI of the Civil Rights Act of 1964, related statutes and regulations provide that no person shall on the ground of
race, color, national origin, gender, age, or disability, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial assistance. The Civil Rights
Restoration Act of 1987 amended Title VI to specify that entire Institutions receiving Federal funds, whether schools,
colleges, government entities, or private employers must comply with Federal civil rights laws, rather than just the
particular programs or activities that receive federal funds.

COMPANY NAME                                                                 TELEPHONE NUMBER

      City of Muskegon                                                         (231)724-6705
STREET ADDRESS                                                               FAX NUMBER

       933 Terrace                                                             (231)724-4178
P.O.BOX                                                                      CITY

       536                                                                    Muskegon
COUNTY                                                                       STATE                       ZIP CODE

       Muskegon                                                               MI                          49443-0536
TYPE OF COMPANY/ORGANIZATION (Check all that apply)

D     Prime Contractor     D    Supplier      0    Governmental         D   Consultant        D    University


Other (Identify) _ _ _ _ _ _ _ _ _ _ _ _ __


Procedures for monitoring and Implementing equal employment opponunity procedures include but are not limited
to the fotlowlng:

•    Employers/ contractors mus.t establish an Equal Opportunity Policy. Employers/contractors must accept as
      their operating policy the following: It is the policy of this Company to assure that applicants are employed,
     and that employees are treated during employment without regard to their race, religion, gender, color, or
     national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or
     recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
     training, including apprenticeship pre-apprenticeship, and/or on-the-job training.

•    The employer/ contractor must designate and make known to MOOT an Equal Opportunity Officer. The
     individual appointed must be capable of effectively administering and promoting an active program of
     equal employment opportunity and must be assigned adequate authority and responsibility to do so.

•    The employer's/ contractor's equal opportunity policies must be disseminated to .all staff members authorized
     to hire, supervise, promote, and, discharge employees, or who recommend such action. To ensure that the
     policy is known, periodic meetings of supervisory and personnel office employees must be conducted not
     less than once every six months. ·

•     All employees, prospective employees and potential sources of employees should be advised of the
      employer's / contractor's equal opportunity policy, Notices and posters setting forth the employer's equal
      opportunity policy must be placed in areas readily accessible to the aforementioned. The employer's I
      contractors equal employment opportunity and the procedures to implement the policy must be brought
      to the attention of employees by means of meeting, employee handbooks, or other appropriate means.

•     When advertising for employees, the employer/contractor must include, in all advertisements .for employees
      the notation: 'An Equal Opportunity Employer." All such advertisements must be published in newspapers
      or other publications having a large circulation among minority groups in the area from which the project
      woJk force would normally be .derived.
5013 ·2 (8/00)

 •       Employers/ contractors must establish a process to investigate all complaints of alleged discrimination and
         take appropriate corrective action, including a method to inform all complainants of their avenues of appeal.
        Complainants should be advised of their right to file a complaint with governmental agencies (i.e., the State_
        recipient, the Federal agency providing funds to the state recipient, the Department of Civil Rights, the
        Department of Justice, etc.).


 For additional information regarding the completion of this form, contact MDOT'S Office of Equal Opportunity
 at (517) 241· 4427. A copy at 23 CFR Appendix A to Subpart A of Part 230 Special Provisions is available
 upon request, it provides specific information regarding equal employment opportunity responsibilities.

 NAME AND TITLE OF THE EQUAL EMPLOYMENT OFFICER (this individual must be capable of effectively
 administering and promoting an active equal opportunity program and is assigned adequate authority and
 responsibility to carry out these duties.)                  ' '




 NAME ( Please Print)                                     COMPANY/ORGANIZATIONAL TITLE (Please P:int)               r-~        -ef>

                                                               ;+ -                        If,.._,. ,. ,., A<4,'w, lJ ~,

I certify that I will abide by the equal employment opportunity requirements outlined in this application, I also
understand the provisions of Title VI and related statutes, This certification is also my assurance that I will not
discriminate on the grounds of race, color, national origin, gender, age, or disability.


 AUTHORIZED CORP,ifRATE OR ORGANIZATIONAL OFFICER                       TITLE                          DATE
                    //                                                                                       "'·  - I
           (--.__[,-~ /l,_A1,?
                            /_;'.'.::\                                                                      lt - / 1J   .•   r-Y~
               1
             -; \       -~   h!/ jlf       I                                                                {   !   ,        ~



             I      •           (      /

NOTE: You must notify•MDOT within 45 days if ,iny of the information you provided on this application
changes,                                                                        ·

Please return this application to:

     Michigan Department of Transportation
     Office of Equal Opportunity
     P.O. Box 30050
     Lansing, Ml 48909

     Web Address: WWW.MOOT.STATE.Ml.US


                                               Do not wrtte In the area below




=====-=i:::::
                                                                          MDOT NO. 2000-0672
                                                                           ACCOUNT NO. 3841
                                                                             REGION: GRAND
                                                                               AGENDA:DAB


              MICHIGAN DEPARTMENT OF TRANSPORTATION

                                  CITY OF MUSKEGON

                 STATE HIGHWAY MAINTENANCE CONTRACT


THIS CONTRACT is made and entered into this date of _ _ _ _ _ _ _ _ _ _ _ by and
between the Michigan Department of Transportation, hereinafter referred to as the
"DEPARTMENT," and the City of Muskegon, a Michigan municipal corporation, hereinafter
referred to as the "MUNICIPALITY."

WITNESSETH:

WHEREAS, the DEPARTMENT has affirmatively found that contracting with this
MUNICIPALITY for the maintenance of state trunklines and bridges within its jurisdiction is in the
best public interest; and

WHEREAS, the DEPARTMENT and the MUNICIPALITY mutually agree to explorethepotential
for improving efficiency by the selective use of subcontracting materials and services with the
private sector; and

WHEREAS, 1925 PA 17 Section 2, MCL 250.61 et seq; MSA 9.902, authorizes the
DEPARTMENT to contract with the MUNICIPALITY for the construction, improvement, and/or
maintenance of State trunkline highways. The DEPARTMENT, subject to the approval of State
Administrative Board, will do all acts or things necessary to carry out the purpose of 1925 PA 17
supra: and

WHEREAS, the DEPARTMENT has so advised the State Transportation Commission and the
Appropriations Committees of the Senate and House ofRepresentatives in accordance with 1951
PA 51 Section Ile, MCL 247.661c; MSA 9.1097(llc);

NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties
hereto, it is agreed as follows:



08/16/00                                        I                                    MaintRegvl
Section 1.    ORGANIZATION, EQUIPMENT AND FACILITIES

       The MUNICIPALITY will provide personnel, equipment, and facilities to maintain the State
       trunkline highways and provide the services required under the terms of this Contract. The
       MUNICIPALITY will furnish the DEPARTMENT, upon request, with an organizational
       chart showing garage locations and names of supervisory personnel and any other
       information incidental to the performance of this maintenance contract.

Section 2.    SCOPE OF WORK

       a.     The MUNICIPALITY will perform maintenance work at the direction of the
              DISTRICTOPERATIONSENGINEERoftheDEPARTMENT,hereinafterreferred
              to as the "DISTRICT OPERATIONS ENGINEER," acting under the general
              direction ofthe Engineer ofMaintenance of the DEPARTMENT, hereinafterreferred
              to as the "ENGINEER OF MAINTENANCE," under the terms of this Contract and
              as covered by the Line Item Budget for each fiscal year, which is incorporated herein
              by reference. Work for the Maintenance Division, including permit issuance and
              inspection, under this Contract will be performed in accordance with accepted
              maintenance practices on those sections of State Trunkline Highway shown in the
              current Municipal Maintenance Route Section Atlas, which may be amended by
              mutual agreement of the parties and which is incorporated herein by reference.

       b.     Whenever the MUNICJP ALITY performs permit assistance and inspection on behalf
              of the DEPARTMENT:

              1.     The DEPARTMENTwill require as a condition ofthe issuance of all permits
                     as to which the MUNICIPALITY will perform services for the
                     DEPARTMENT, pursuant to this Contract, that the Permittee save harmless
                     the State of Michigan, the Transportation Commission, the Department of
                     Transportation, and all officers, agents, and employees thereof and the
                     MUNICIPALITY, its officials, agents, and employees against any and all
                     claims for damages arising from operations covered by the permit.

              11.    The DEPARTMENT, for all permit activities for which it wishes the
                     MUNICIPALITY to perform permit services for the DEPARTMENT
                     pursuant to this Contract, will further require that the Permittee, except as to
                     permits issued to govermnental entities and public utilities or unless
                     specifically waived by the MUNICIPALITY in writing, provide
                     comprehensive general liability insurance, including coverage for contractual
                     liability, completed operations, and/or product liability, X, C, & U, and
                     contractor's protective liability with a blasting endorsement when blasting is
                     involved or commercial general liability insurance that includes all the above,
                     naming as additional parties insured on all such policies the State of


08/16/00                                        2                                      MaintRegvl
                      Michigan, the Michigan Transportation Commission, the Department of
                      Transportation, and all officers, agents, and employees thereof, the
                      MUNICIPALITY, its officials, agents, and employees and that the Permittee
                      provide to the DEPARTMENT written proof of said insurance.

               iii.   The amounts of such insurance will be no less than the following:

                              Comprehensive General Liability:

                              Bodily Injury                        $500,000 each occurrence
                                                                   $500,000 aggregate

                              Property Damage                      $250,000 each occurrence
                                                                   $250,000 aggregate

                              Commercial General Liability Insurance:

                              $500,000 each occurrence and aggregate

               1v.    Special maintenance work, work not covered by the Line Item Budget, and
                      work for any other Division of the DEPARTMENT (non-maintenance work)
                      may be performed under the terms of this Contract only upon written
                      authorization approved by the DISTRICT OPERATIONS ENGINEER.
                      Emergency work may be performed based on verbal approval given by the
                      DISTRICT OPERATIONS ENGINEER or his authorized representative and
                      must be subsequently supported in writing. Work performed by the
                      MUNICIPALITY for any Division other than the Maintenance Division will
                      be supervised by the Division issuing a state trunkline work authorization.
                      The MUNICIPALITY and the DEPARTMENT may enter into separate
                      agreements for the shared.payment of installation, maintenance, and energy
                      costs for traffic control devices.

              v.      The DISTRICT OPERATIONS ENGINEER is hereby authorized to issue
                      written orders, as are necessary, for the performance of maintenance work
                      under the provisions of this Contract.

Se!!tion 3.   INTEGRATION OF STATE AND MUNICIPAL WORK

       The MUNICIPALITY will furnish sufficient personnel and equipment and approved material
       as needed to perform maintenance on state trunkline highways. Personnel and equipment will
       be used on municipal streets and state trunkline highways as conditions warrant.




08/16/00                                        3                                   MaintRegvl
· Section 4.    HIGHWAY MAINTENANCE SUPERINTENDENTS

         The MUNICIPALITY hereby designates _ _ _ _ _ _ _ _as Maintenance
         Superintendent on state trunkline highways, who will supervise all work covered by this
         Contract. In the event the MUNICIPALITY desires to replace the Maintenance
         Superintendent, the MUNICIPALITY will notify the DEPARTMENT in writing.

 Section 5.     WAGE SCHEDULE

         Wages paid by the MUNICIPALITY for work on state trunkline highways will be the same
         as on street work for the MUNICIPALITY.

         Premium Pay and Overtime Pay (specify under what conditions and percentage of regular
         rate paid if not specified in the attached labor agreement.)




         Pay for "show-up time" (Specify under what conditions and number of hours, if a minimum
         number is used and is not specified in the attached labor agreement).




         No "stand by at home" pay will be included in.charges for work on state trunkline highways.

         The DEPARTMENT will reimburse the MUNICIPALITY for Direct Labor Overhead costs
         on all labor costs properly chargeable to the DEPARTMENT, including, but not limited to,
         vacation, sick leave, separation sick leave, holiday pay, workers' compensation, retirement,
         social security, group life insurance, hospitalization, longevity, unemployment insurance, and
         military leave, hereinafter referred to as "EMPLOYEE BENEFITS," in accordance with
         Section 14.

 Section 6.     MATERIALS TO BE ACQUIRED AND SPECIFICATIONS

         Materials necessary for the performance of this Contract may, at the option of the
         MUNICIPALITY, be purchased by the MUNICIPALITY, unless otherwise directed by the
         DISTRICT OPERATIONS ENGINEER. The MUNICIPALITY will advertise and receive
         competitive bids when such purchases exceed Ten Thousand Dollars ($10,000.00) or if
         required by Federal or State Law.



 08/16/00                                          4                                      MaintRegvl
       The l\lIUNICIP ALITY will retain documentation that such bids were taken. Failure to retain
       documentation that such bids were taken may result in denial of reimbursement of the costs
       of such materials.

       The following materials: bituminous pre-mixed materials, bituminous materials, aggregates
       (except ice control saud), and traffic control devices used on state trunkline highways by the
       MUNICIPALITY will conform to current or supplemental specifications approved by the
       DEPARTMENT, unless otherwise approved in advance by the DISTRICT OPERATIONS
       ENGJNEER. The DISTRICT OPERATIONS ENGJNEER may require approval by the
       DEPARTMENT'S Materials aud Technology Division or by a laboratory approved by that
       Division. Copies of said approvals will be placed on file in the offices of the
       MUNICIPALITY aud the DISTRICT OPERATIONS ENGINEER. If DEPARTMENT-
       owned materials are stored jointly with MUNICIPALITY-owned materials, proper and
       adequate inventory records must be maintained by the MUNICIPALITY, clearly indicating
       the portion that is DEPARTMENT-owned.

Section 7.     PRICE SCHEDULE OF MATERIALS AND SERVJCES

       Materials supplied by the MUNICIPALITY, including aggregates aud bituminous materials
       using raw materials either partially or wholly obtained from municipally owned property,
       municipally leased (in writing) property, or by written permit from state or privately owned
       property, may be furnished at a firm unit price, subject to approval of source and price by the
       DISTRICT OPERATIONS ENGJNEER. Firm unit prices are not subject to unit price
       adjustment by audit.

       The DEPARTMENT may audit all records necessary to confirm accuracy of quautities for
       which reimbursement is requested. Reimbursement for all materials supplied by the
       MUNICIPALITY that are not included in the firm unit price schedule will be in accordance
       with Subsection 14C. Firm unit prices may be changed, added, or deleted upon written
       request by the MUNICIPALITY aud approval by the DISTRICT OPERATIONS
       ENGJNEER at least sixty (60) days prior to the effective date of the change, addition, or
       deletion.


                                       FIRM UNIT PRICES

       PRICE
       ITEM                   KIND                    UNIT                    PER UNIT




08/16/00                                         5                                      MaintRegvl
       Listed items purchased from a vendor source or vendor stockpile for direct use on the
       trunklines are not eligible for firm unit price consideration and should be billed at vendor
       cost.

Section 8.    SUBCONTRACTS

       The DEPARTMENT, for cause and with prior notice to the MUNICIPALITY, may contract
       any portion of the work to be performed under this Contract. The MUNICIPALITY may
       subcontract any portion of the work to be performed under this Contract. Emergency work
       may be performed based on verbal approval given by the DISTRJCT OPERATIONS
       ENGINEER or his authorized representative and must be supported by the subsequent
       submission within seven (7) days of a subcontract (Form 426). All subcontracts in excess of
       Twenty Thousand Dollars ($20,000.00) must have the prior approval of the DISTRICT
       OPERATIONS ENGINEER and the State Administrative Board and will be advertised and
       awarded by competitive bid.

       T:hose subcontracts that are $20,000 or less, but greater than $10,000, must be approved by
       the DISTRICT OPERATIONS ENGINEER in writing on form 426. Bid, price, or rate
       quotations for these subcontracts must be solicited from an adequate number of qualified
       sources. Documentation of the solicitations will be retained.

       Failure to obtain the necessary approvals or to maintain documentation that bids, prices, or
       rate quotations were solicited, as required herein, may result in denial of reimbursement of
       the costs.

       Subcontracted work, including equipment rental, that is $10,000 or less does not require
       submission of form 426. However, an informational copy of the 426 may be required by the
       DISTRJCT OPERATIONS ENGINEER.

Section 9.    NON-DISCRIMINATION

       In connection with the performance of maintenance work under this Contract, the
       MUNICIPALITY (hereinafter in Appendix A referred to as the "contractor") agrees to
       comply with-the State of Michigan provisions for "Prohibition of Discrimination in State
       Contracts," as set forth in Appendix A, attached hereto and made a part hereof. The
       MUNICIPALITY further covenants that it will comply with the Civil Rights Act of 1964,
       being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-
       1975d, and 2000a-2000h-6, and will require similar covenants on the part of any contractor
       or subcontractor employed in the performance of this Contract.



08/16/00                                        6                                    MaintRegvl
Section 10.    ANTI-KICKBACK

       No official or employee of the MUNICIPALITY or of the State of Michigan will receive
       direct or indirect remuneration from purchases of materials, supplies, equipment, or
       subcontracts required for state trunkline highway maintenance purposes.

Section 11.    SCOPE OF CONTRACT·

       It is declared that the work performed under this Contract is a governmental function that the
        MUNICIPALITY performs for the DEPARTMENT. This Contract does not confer
      · jurisdiction upon the MUNICIPALITY over the state trunkline highways encompassed by
        this contract or over any other state trunkline highways. This Contract may not be construed
        to confer temporary or concurrent jurisdiction in the MUNICIPALITY over a state trunkline
        highway. Nothing inconsistent with the underlying statutory jurisdiction, duties; prerogatives,
        and obligations of the DEPARTMENT is herein intended. The parties hereto further declare
        that this contract is not made for the benefit of any third party.

Section 12.    INSURANCE

       a.     The MUNICIPALITY will furnish the DEPARTMENT with a certificate of
              automobile liability insurance, which will be in compliance with the No-Fault
              Automobile Insurance laws ofthe State ofMichigan. Insurance coverage will include
              owned, non-owned, and hired motor vehicles. Such insurance will be not less than
              Two Hundred Fifty Thousand Dollars ($250,000.00) for bodily injury or death of any
              one person. Coverage forpublic liability, property damage, and combined single limit
              will also be in compliance with MichiganNo-F ault Automobile Insurance laws. The
              MUNICIPALITY will also provide for thirty (30) days notice to the DEPARTMENT
              prior to cancellation, termination, or material change of the policy. The certificate of
              said insurance on DEPARTMENT Form 428 (Certificate of Insurance for State
              Highway Maintenance Contract) covering public liability and property damage,
              indicating thereon the policy number, the aforesaid thirty (30) days notice provisions,
              and the limits ofliability will be attached to this Contract.

              In the event the MUNICIPALITY is self-insured, a copy of the Secretary of State's
              certificate of self-insurance will also be attached to this Contract.

       b.     In the event that the MUNICIPALITY receives a Notice of Intent to File Claim
              and/or any complaint filed by a person seeking to recover damages from the
              MUNICIPALITY for its alleged acts or omissions on a state trunkline highway, the
              MUNICIPALITY will immediately provide a copy of such notice to the Assistant
              Attorney General in Charge ofthe Highway Negligence Division (hereinafterreferred
              to as the ASSISTANT ATTORNEY GENERAL), Transportation Building, 2nd
              Floor, Lansing, Michigan, 48913. Thereafter, the MUNICIPALITY will provide


08/16/00                                         7                                      MaintRegvl
                copies of pleadings and other information regarding the claims or lawsuits when
                requested by the ASSISTANT ATTORNEY GENERAL and will complywith all the
                obligations, duties, and requirements of the general liability policy provided herein.

 Section 13.    WORKERS' DISABILITY COMPENSATION

        The MUNICIPALITY will comply with the Michigan Workers' Disability Compensation
        Law as to all employees performing work under this Contract.

. Section 14.   REQUEST FOR REIMBURSEMENT

        The DEPARTMENT will reimburse the MUNICIPALITY for the following costs in the
        performance of routine maintenance, non-maintenance, and all other work covered by this
        Contract, except as set forth in Sections 15,16,17, and 18.

        a.      The DEPARTMENT share of actual cost of all direct labor employed in the
                perfom1ance of this Contract, including the expense of pennit inspection, and field
                and office engineering, and including auditing expense in connection with projects
                on force account work by subcontractors.

        b.      The DEPARTMENT share of the cost of EMPLOYEE BENEFITS as referred to in
                Section 5 as a percentage of payroll. Such percentage will be developed in
                confonnity with the general accounts of the MUNICIPALITY on the previous fiscal
                year's experience.

        c.      The DEPARTMENT share of the actual cost of MUNICIPALITY owned or
                purchased energy.

        d.      The cost, after deduction of all discounts or rebates in excess of two percent (2%),
                of materials furnished by the MUNICIPALITY for use in the performance of this
                contract. In addition to the above costs of materials furnished by the
                MUNICIPALITY and materials furnished by the DEPARTMENT, the following may
                be charged by the MUNICIPALITY at its option:

                1.     The direct expenses of handling, such as unloading, processing, stockpiling,
                       heating, or loading of materials in bulk, bags, or drums, such as aggregates,
                       bituminous materials, and chemicals, on condition that reimbursement of
                       such expenses is not provided elsewhere herein, provided that these costs can
                       be identified within the records of the MUNICIPALITY.

                11.    A five percent (5%) handling and storage charge may be added to the
                       purchase price of all materials other than those set forth in (i) above, provided
                       such materials are stocked in and distributed from approved storage facilities.


08/16/00                                          8                                       MaintRegvl
                     When reported by the MUNICIPALITY, charges for handling and storage in
                     excess of five percent ( 5%) will be reimbursed to the MUNICIPALITY upon
                     audit, provided that these charges can be identified and supported within the
                     records of the MUNICIPALITY.

      e.     The rental of equipment used in the performance of this Contract. The rental rates
             will be those established in the Table of Equipment Rental Rates issued by the
             DEPARTMENT for each year.

      f.     The amounts paid by the MUNICIPALITY to a subcontractor, as provided for in
             Section 8.

      g.     The cost to the MUNICIPALITY for labor, materials, and equipment rental incurred
             in connection with engineering, supervision, and inspection of subcontract work.

      h, ·   Overhead in Accordance with Attached Overhead Schedule. The approp1iate
             percentage will apply to the amounts payable under A, B,C, D, E, and F, plus the
             same percentage of the cost of materiahfurnished by the DEPARTMENT to the
             extent that such materials are placed on State trunldine highways by the
             IvIUNICIP ALITY. At the time of audit, overhead will be adjusted to the percentage
             on the attached chart, based on actual expenditures for the audit periods October 1,
             2000, through September 30, 2001; October I, 2001, through September 30, 2002;
             October 1, 2002, through September 30, 2003; and October I, 2003, through
             September 30, 2004.

      1.     The MUNICIPALITY will be responsible for reporting the costofthe operation,
             maintenance, and amortization (if provided for in the Chemical Storage Facility
             Contract) of all chemical storage facilities built with DEPARTMENT participation.

      The amount payable under Paragraph H isreimbursement to the MUNICIPALITY for all
      costs and expenses arising out of the performance of this Contract not elsewhere specifically
      covered herein and will be deemed to include salary and expenses (including transportation)
      of Maintenance Superintendents, salaries of clerical assistants, including radio
      communication staff, office expense, storage rentals on municipally owned property, and the
      cost of small tools, except that the MUNICIPALITY will be reimbursed for work performed
      by the Maintenance Superintendent making regular. inspections of state trunkline highways
      in accordance with written instructions from the DISTRICT OPERATIONS ENGINEER,
      when specifically recorded on daily time sheets and reported as a direct labor charge.

      It is further agreed that in smaller municipalities, the above designated Maintenance
      Superintendent may at times be engaged in tasks other than those of strictly supervisory
      nature, such as operator of a truck or other highway equipment, and that in all such cases the
      MUNICIPALITY may be reimbursed for such time worked on state trunklines, provided that


08/16/00                                        9                                      MaintRegvl
       all such time for non-supervisory work be specifically recorded on the daily time sheet and
       reported on the Maintenance Payroll Report Form 41 0A, indicating thereon the exact dates
       on which he so worked, the number of hours worked, and the number ofhours worked under
       each classification.

       To be eligible for reimbursement under this Section, costs must be submitted to the
       DEPARTMENT prior to the start of the audit for each respective year of the contract period.

Section 15.    WINTER MAINTENANCE

       The MUNJCIP ALITY will be compensated for winter maintenance on the basis of actual
       expenditures only. Snow hauling from state trunldines will be paid at the rate of
       _ __,percent L_%) of actual charges supported by proper documentation, but only upon
       authorization of the D ISTRJCT OPERATIONS ENGINEER. The frequency (annually, each
       storm, etc.) and method of authorization (written, verbal, etc.) will be at the discretion of the
       individual DISTRICT OPERATIONS ENGINEER. Snow hauling charges should be shown
       as Activity 149, "Other WinterMaintenance," on trunkline Maintenance Reports.

       The MUNJCIP ALITY agrees that it will prohibit additional snow from being deposited on
       the highway right of way from side · streets. The above percentage represents the
       DEPARTMENT'S share of snow removal from all trunklines in the MUNJCIPALITY,
       including that snow moved into the right of way from on-street parking areas and adjacent
       sidewalks by the MUNICIPALITY in non-residential areas.

Section 16.   PAVEMENT MARKING

       Compensation for the item of "Pavement Marking" will be made on the basis of actual
       expenditure only, except in no case will the MUNICIPALITY be compensated for a total
       expenditure in excess of the amount designated for pavement marking in the Field Activity
       Budget for the appropriate state fiscal year. Only painting authorized by the DISTRICT
       OPERATIONS ENGINEER will be compensated for, and in no case will curb painting be
       included in charges for state trunkline maintenance.

Section 17.   SWEEPING AND FLUSHING

       Compensation for the item of"Sweeping and Flushing" will be made on the basis of actual
       expenditures only, except that in no case will the MUNICIPALITY be compensated for a
       total expenditure for sweeping and flushing in excess of the amount designated for sweeping
       and flushing on the Summary of the Field Activity Budget for the appropriate State fiscal
       year.




08/16/00                                         10                                      MaintRegvl
Section 18.    TREES AND SHRUBS

       Charges to Activity 121, 'Trees and Shrubs," are to be shared equally by the
       MUNICIPALITY and the DEPARTMENT. If state and local forces combine efforts in tree
       trimming, this will be considered sharing equally. Dead tree removal charges to Activity 121
       will be paid entirely by the DEPARTMENT.

Section 19.    EQUIPMENT LIST

       The MUNICIPALITY will furnish the DEPARTMENT with a list of equipment to be used
       in the performance of the contract on DEPARTMENT Form 471.

Section 20.    RECORDS TO BE KEPT

       The MUNICIPALITY will:

       a.       Establish and maintain accurate records, in accordance with generally accepted
                accounting principals, of all expenses incurred for which payment is sought or made
              · under this Contract, said records to be hereinafter referred to as the "RECORDS.''
                Separate accounts will be established and maintained for all costs incurred under this
                Contract. The RECORDS include, but are not limited to:

               1.      Daily time cards for employees and equipment indicating the distribution to
                       route sections and work items that must be signed by the employee and his
                       immediate supervisor or by a timekeeper and the supervisor when a
                       timekeeper is employed. Those MUNICIPALITIES using crew day cards
                       may, if they prefer, retain.crew day cards backed by a time record for the pay
                       period signed as above in lieu of daily time cards detailing the distribution.

               11.     Properly signed material requisitions (daily distribution slips) showing type
                       ofmaterial, quantity, units, and date issued and indicating distribution thereof
                       to route sections and work items.

               111.   Such additional cost records as are necessary to support and develop unit cost
                      charges and percentages applied to invoice costs. No such cost records are
                      necessary in support of the overhead percentage or the five percent (5%)
                      handling charge.

      b.      Maintain the RECORDS for at least 3 years from the date of the DEPARTMENT's
              receipt of the statement of charges for the quarter ending September 30 of each year
              of this contract period. In the even of a dispute with regard to the allowable expenses
              or any other issue under this Contract, the MUNICIPALITY will thereafter continue



08/16/00                                         11                                      MaintRegvl
               to maintain the RECORDS at least until that dispute has been finally decided and the
               time for all available challenges or appeals of that decision has expired.

       c.      Allow the DEPARTMENT or its representative to inspect, copy, or audit the
               RECORDS at any mutually acceptable time. However, the MUNICIPALITY cannot
               unreasonably delay the timely performance of the audit.

Section 21.    CERTIFIED STATEMENT OF CHARGES

       The MUNICIPALITY hereby certifies that, to the best ofthe MUNICIPALITY' s knowledge,
       the costs reported to the DEPARTMENT for this Contract will represent only those items
       that are properly chargeable in accordance with the Contract. The MUNICIPALITY also
       hereby certifies that it has read the contract terms and is aware of the applicable laws,
       regulations, and terms of the Contract that apply to the reporting of costs incurred under
       terms of this Contract.

       Requests for reimbursement to be made under Section 14 will be made quarterly on the basis
       of certified statements of charges that will be prepared and submitted by the
       MUNICIPALITY within thirty (30) days from the end of each quarter on forms furnished by
       the DEPARTMENT or using an equivalent approved alternative format. Costs submitted
       beyond 60 (sixty) days from the end of each quarter will include written justification for the
       delay and will be paid only upon approval of the DISTRICT OPERATIONS ENGINEER.
       Upon written request to the DISTRICT OPERATIONS ENGINEER, payments may be made
       to the MUNICIPALITY on a monthly basis, after submission to the DEPARTMENT of
       certified statements of costs for each monthly payment period, only during the quarter
       beginriing January 1 through March 31 of each contract year.

Section 22.   AUDIT

       The MUNICIPALITY'S records will be subject to audit. Charges by the MUNICIPALITY
       for maintenance of state trunkline highways and authorized non-maintenance work
       performed under this Contract will not be adjusted (increased or decreased) by audit after
       twenty-four (24) months subsequent to the date of the DEPARTMENT's receipt of certified
       statement of charges for the quarter ending September 30 of each year of this contract period.
       This limitation will not apply in case of fraud or misrepresentation of material fact or if
       mutually agreed to in writing.

       The firm unit prices for aggregates and bituminous materials that are processed audfurnished
       by the MUNICIPALITY will not be subject to adjustment.

       If any adjustments are to be made, the MUNICIPALITY will be notified of the tentative
       exceptions aud adjustments within the above twenty-four(24) month period. The twenty-four
       (24) month period is intended only as a limitation of time for making adjustments and does


08/16/00                                        12                                     MaintRegvl
       not limit the time for payment of such amounts. In the event that an audit performed by or
       on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this
       Contract or questions the allowability of an item of expense, the DEPARTMENT will
       promptly submit to the MUNICIPALITY a Notice of Audit Results and a copy of the audit
       report, which may supplement or modify any tentative findings communicated to the
       MUNICIPALITY at the completion of an audit.

       Within sixty (60) days after the date of the Notice ofAudit Results, the MUNICIPALITY
       will (a) respond in writing to the responsible Bureau of the DEPARTMENT indicating
       whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
       disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a
       written explanation as to any questioned or no opinion expressed item of expense, hereinafter
       referred to as the "RESPONSE." The RESPONSE will be clearly stated and will provide any
       supporting documentation necessary to resolve any disagreement or questioned orno opinion
       expressed item of expense. Where the documentation is voluminous, the MUNICIPALITY
       may supply appropriate excerpts and make alternate arrangements to conveniently and
       reasonably make that documentation available for review by the DEPARTNIENT. The
       RESPONSE will refer to and apply the language of the Contract. The MUNICIPALITY
       agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes
       agreement with any disallowance of an item of expense and authorizes the DEPARTMENT
       to finally disallow any items of questioned or no opinion expressed cost.

       Unless extended by the DEPARTMENT within 120 days after the date of Notice of Audit
       Results, the MUNICIPALITY will have an opportunity to appear before the
       DEPARTMENT's Disputed Audit Review (DART) to exp lain and support the RESPONSE.
       Within 30 days after DART considers the appeal, the DEP ARTMENTwill make its decision
       regarding any disallowed or questioned or no opinion expressed items.

      The DEPARTMENT will make its decision with regard to any Notice of Audit Results and
      RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit
      Results. If the DEPARTMENT determines that an overpayment has been made to the
      MUNICIPALITY, the MUNICIPALITY will repay that amount to the DEPARTMENT or
      reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days
      after the date of an invoice from the DEPARTMENT. If the MUNICIPALITYfails torepay
      the overpayment or reach agreement with the DEPARTMENT on a repayment schedule
      within the (30) dayperiod, the MUNICIPALITY agrees that the DEP ARTMENTwill deduct
      all or a portion of the overpayment· from any funds then or thereafter payable by the
      DEPARTMENT to the MUNICIPALITY under this Contract or any other agreement or
      payable to the MUNICIPALITY under the terms of 1951 PA 51, as applicable. Interest will
      be assessed on any partial payments or repayment schedules based on the unpaid balance at
      the end of each month until the balance is paid in full. The assessment of interest will begin
      thirty (30) days from the date of invoice. The rate of interest will be reviewed armually by
      the DEPARTMENT and adjusted as necessary based on the Michigan Department of


08/16/00                                         13                                       MaintRegvl
       Treasury common cash funds interest earnings. The MUNICIPALITY expressly consents to
       this withholding or offsetting of funds under those circumstances, reserving the right to file
       a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only as to any
       item of expense the disallowance of which was disputed by the MUNICIPALITY in a timely
       filed RESPONSE.

Section 23.   TERM OF CONTRACT

       The term of this Contract is October 1, 2000, through September 30, 2004.

Section 24.   TERMINATION OF CONTRACT

       This Contract may only be terminated by either party during the months of April, May, or
       June. Written notice of termination must be given to the other party ninety (90) days prior
       thereto. This contract may be temporarily suspended bytheDEP ARTMENT when officially
       no"tified by the MTJNICIP ALITY that maintenance work can no longer be perfonned on a
       twenty four (24) hour, seven (7) day-a-week basis. At the time of suspension, the
       DEPARTMENT will assume all maintenance responsibilities with its own personnel,
       equipment, and materials.

Section 25.   STATE OF MICHIGAN ADMINISTRATIVE BOARD RESOLUTION

       The provisions of the State of Michigan Administrative Board Resolution of May 1, 1979,
       as amended, attached hereto, are hereby made a part of this Contract.

Section 26.   CONTRACT CONTENT

       In the event of any conflict between the Contract body and any Exhibit(s), Attachment(s),
       Appendices, or Authorizations hereto, the body of the Contract will govern.




08/16/00                                        14                                     MaintRegvl
Section 27.    EFFECTIVE DATE OF CONTRACT

       This Contract will become binding on the parties hereto upon signing by the duly authorized
       officials for the MUNICIPALITY and for the DEPARTMENT and upon the adoption of a
       resolution approving said contract and authorizing the signature(s) thereto of the respective
       official(s) of the MUNICIPALITY, a certified copy of which resolution will be attached to
       this contract, and with the approval of the State Administrative Board.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be awarded.




CITY OF MUSKEGON




BY   ~ Cl. LJ.,,-t'
       TITLE    C. ,1 'I   C '-- 16 R.\(,_




MICHIGAN DEPARTMENT OF TRANSPORTATION


BY:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
       TITLE          Department Director




08/16/00                                        15                                    MaintRegvl
                             MICHIGAN DEPARTMENT OF TRANSPORTATION

                                        CONTRACT MUNICIPALITIES

                                           OVERHEAD SCHEDULE

Following is the table of allowable percentages for Overhead, Supervision and Expense of small tools to be paid by
the Michigan Department of Transportation in connection with State trunkline highways maintenance contracts.
Small tool expense includes tarpaulin, barricades, hand sanders, torches, flags, picks, shovels, saws, axes,
wheelbarrows and other tools up to seventy five dollars in value for each tool, except for those units presently
classified in the Equipment Rental Rate Book.

                                Effective October 1, 2000, to September 30, 2004

Total amount paid under
this contract to include           Percent                   Percent                    Total
Non-Maintenance,                   Allowed                   Allowed                    Percent
Routine Maintenance &              for                       for Small                  Allowed
Heavy Maintenance                  Overhead                  Tools

         Up to $25000_ __          10.50                     .50_ _                     11.00
        25001 " 26000              10.40                      "                         10.90
        26001 "27000_ _            10.30                      "                         10.80
        27001 "28000_ _            10.20                                                10.70
        28001 "29000_ _            10.10                                                10.60
        29001 "30000_ _            10.00                      "                         10.50
        30001 "31000_ _             9.90 _ _                                            10.40
        31001 "32000_ _             9.80                      "                         10.30
        32001 "33000_ _             9.70                      "                         10.20
        33001 "34000_ _             9.60                      "                         10.10
        34001 "35000_ _             9.50                                                10.00
        35001 "38000_ _             9.40                      "                          9.90
        38001 "41000_ _             9.30 _ _                  "                          9.80
        41001 "44000_ _             9.20_ _                                              9.70
        44001 "47000_ __            9.10 _ _                                             9.60
        47001 "50000_ _             9.00                      "                          9.50
        50001 "53000_ _             8.90                      "                          9.40
        53001 " 56000- - -          8.80                      "                          9.30
        56001 " 59000_ _            8.70                      "                          9.20
        59001 " 62000- - -          8.60                      "                          9.10
        62001 " 65000_ _            8.50                                                 9.00
        65001 "70000_ _             8.28                                                 8.78
        70001 " 75000               8.07                                                 8.57
        75001 " 80000_ _            7.86                                                 8.30
        80001 "85000_ __            7.64_ _                                              8.14
        85001 " 90000               7.43                                                 7.93
        90001 " 95000_ _            7.21                                                 7.71
        9500land over               7.00                                                 7.50
                                     STATE OF MICHIGAN

                         ADMINISTRATIVE BOARD RESOLUTION

                                                 OF

                                           MAY 1, 1979

                      (As amended on December 2, 1980, April 7, 1981,
                        August 18, 1981, May 15, 1984, April 7, 1987,
           December 15, 1987, January 5, 1988, May 2, 1989 and September 17, 1996)

                       DEPARTMENT OF TRANSPORTATION
                  CONSTRUCTION AND MAINTENANCE CONTRACTS

WHEREAS, pursuantto the provisions of Section 2, Act 17, Public Acts of 1925, as amended, all
contracts entered into by the Michigan State Transportation Commission or the Michigan
Department of Transportation, hereinafter referred to as the "Commission" and the "Department"
respectively, require approval of the State Administrative Board, hereinafter referred to as the
"Board", except, the Commission or the Department, without the approval of the Board, is
authorized to contract for an amount not exceeding $20,000.00 for each contract, for toilet vault
cleaning, use of licensed sanitary landfills, pickup and disposal of refuse, pavement surfacing and
patching, rental of equipment for emergency repairs and maintenance operations, curb replacement,
maintenance of office equipment, installation of utility services and installation of traffic control
devices and without such approval, may authorize Boards of County Road Commissioners,
Township Boards, and Municipalities, under contracts for the maintenance oftrunkline highways,
to subcontract in amounts not to exceed $20,000.00 for each subcontract;

WHEREAS, modification of highway construction and maintenance contracts 1s sometimes
necessary;

WHEREAS, extra work is defined as any work which is determined to be essential to the
satisfactory completion of the contract but which neither appears therein as a specific item of work
nor is included in the price bid for other items in the contract;

WHEREAS, it is sometimes necessary in order to avoid delays and increased costs for the
Department to authorize extra work by modification of the contract without obtaining specific prior
approval of the Board for such modifications;

THEREFORE, BE IT RESOLVED by the State Administrative Board of the State of Michigan
as follows:

1.     Pursuant to applicable Public Acts, the Department, without obtaining the approval of this
       Board, in connection with any construction or maintenance contract, may contract for extra
       work or labor, or both, not exceeding $48,000.00 per contract for contracts having a value
       of$800,000.00 or less and not exceeding 6% per contract for contracts having a value over
       $800,000.00 under a contract with a private agency authorized by law, and for an amount not
       exceeding $800,000.00 under a contract with Boards of County Road Commissioners,
       Township Boards, and Municipalities of this State, except that each job for extra or
       additional work or labor, or both, in excess of $100,000.00 shall require approval of the State
       Administrative Board.

 2.    All agreements by the Department to pay for extra work on either a negotiated price or force
       account basis in excess of the amounts shown in paragraph 1 must be approved by the Board.

 3.    No extra work which may cause an increase in the contract price in excess of the amount
       shown in paragraph 1 shall be authorized by the Department prior to Board approval, unless
       and until the Attorney General has approved the authorization as being in compliance with
       all legal requirements. Provided, however, that extra work costing not more than $25,000.00
       may be authorized by the Department without prior approval of the Attorney General, if
       necessary to avoid construction delays or increased costs.

 4.    Department authorizations for extra work, requiring Board approval, given prior to Board
       approval shall be presented to the Board for subsequent approval or disapproval as quickly
       as possible, but in no case more than 60 days after the extra work has been authorized by the
       Department .

. 5.   The Department shall not pay nor agree to pay any disputed claim for extra compensation for
       work already commenced or completed without approval of the Board.

 6.    No payments for extra work requiring Board approval shall be made until such Board
       approval has been obtained.

 7.    The Department is authorized to balance budgets for extra work recommendations or
       authorizations previously approved by the Board, by decreasing, in any amount, or
       increasing, not in excess of 15 percent, the original estimated amount without additional
       approval by this Board.

 8.    No payments for increased contract quantities shall be made by the Department unless and
       until the Board has given prior approval for such payments, except that payments for
       overruns may be made without Board approval if such payments do not exceed the following
       per cent of the· original contract price: 10 percent on contracts of $50,000.00 or more; 15
       percent on contracts of$25,000.00 to $49,999.99; and 25 percent on contracts of less than
       $25,000.00.

 9.    "The Department shall deduct from payments, and retain 2.5 percent of the total amount
       earned by a contractor. When the project reaches 90 percent completion, the amount of
       retainage may be reduced. Local units of government, performing as contractors to the
       Department, may be excluded from these retainage provisions.
      In respect to contracts between the Department and Railroad companies, the 2.5 percent shall
      be retained until after final audit. The retainage provision may be waived for those Railroad
      companies the Department has determined to have had recent, acceptable history of both
      contract compliance and audit experience with the Department, and where there are no other
      circumstances indicating a need to maintain the retainage to reasonably protect the public
      interest."

10.   The Department shall assess damages against any contractor who fails to have the job open
      to traffic or completed by the dates specified in the contract unless the contractor has been
      excused for such failure by the Department. The Depaiiment may, without approval of the
      Board, extend the time for opening to traffic or completion of the contract because of delays
      from unforeseen causes beyond the control and without the fault or negligence of the
      contractor, including and restricted to: acts of God; acts of public enemy; acts of
      Government, acts of the State or any political subdivision thereof; fires; floods; epidemics;
      strikes; or extraordinary delays in delivery of materials.

      No excusal or waiver of dainages, except as above provided, shall be final and binding upon
      the State unless and until approved by the Board, except excusals and waivers granted by the
      Department prior to the effective date ofthis Resolution pursuant to applicable specifications
      and other contract provisions.

11.   The foregoing requirements established by the Board shall be made as express part of all
      construction and maintenance contracts entered into by the Commission, and the
      Department's standard and supplemental specifications shall be ainended to reflect such
      requirements.

12.   Policy Resolution A, approved by the Board on July 17, 1956, and the Resolutions of
      October 17, 1967, and May 6, 1975 as ainended May 4, 1976, are hereby repealed, except
      that all rights, causes of action, claims, proceedings and suits existing on the effective date
      of this Policy Resolution shall continue unaffected.

13.   Upon approval by the State Administrative Board, this Resolution shall be effective as of
      September 17, 1996.
                                  APPENDIX A
               PROHIBITION OF DISCRJMINATION IN STATE CONTRACTS

In connection with the performance of work under this contract; the contractor agrees as follows:

 1.    In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
       discriminate against an employee or applicant for employment with respect to hire, tenure,
       terms, conditions, or privileges of employment, or as a matter directly or indirectly related
       to employment, because ofrace, color, religion, national origin, age, sex, height, weight, or
       marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by
       Act No. 478, Public Acts ofl980 the contractor hereby agrees not to discriminate against an
       employee or applicant for employment with respect to hire, tenure, terms, conditions, or
       privileges of employment, or a matter directly or indirectly related to employment, because
       of a disability that is unrelated to the individual's ability to perform the duties of a particular
       job or position. A breach of the above covenants shall be regarded as a material breach of
       this contract.

2.     The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion
       of the work set forth in this contract is to be performed, shall contain a covenant the same
       as hereinabove set forth in Section 1 of this Appendix.

3.    The contractor will take affirmative action to insure that applicants for employment and
      employees are treated without regard to their race, color, religion, national origin, age, sex,
      height, weight, marital status or a disability that is unrelated to the individual's ability to
      perform the duties of a particular job or position. Such action shall include, but not be
      limited to, the following: employment, upgrading, demotion or transfer, recruitment
      advertising; layoff or termination; rates of pay or other forms of compensation; and selection
      for training, including apprenticeship.

4.    The contractor will, in all solicitations or advertisements for employees placed by or on
      behalf of the contractor, state that all qualified applicants will receive consideration for
      employment without regard to race, color, religion, national origin, age, sex, height, weight,
      marital status or disability that is unrelated to the individual's ability to perform the duties
      of a particular job or position.

5.    The contractor or his collective bargaining representative will send to each labor union or
      representative of workers with which he has a collective bargaining agreement or other
      contract or understanding, a notice advising the said labor union or workers' representative
      of the contractor's commitments under this appendix.

6.    The contractor will comply with all relevant published rules, regulations, directives, and
      orders of the Michigan Civil Rights Commission which may be in effect prior to the taking
      of bids for any individual state project.

7.    The contractor will furnish and file compliance reports within such time and upon such forms
     as provided by the Michigan Civil Rights Commission, said forms may also elicit
     information as to the practices, policies, program, and employment statistics of each
     subcontractor as well as the contractor himself, and said contractor will permit access to his
     books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for
     purposes of investigation to ascertain compliance with this contract and relevant with rules,
     regulations, and orders of the Michigan Civil Rights Commission.

8.   In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules,
     that a contractor has not complied with the contractual obligations under this agreement, the
     Civil Rights Commission may, as part of its order based upon such findings, certify said
     findings to the Administrative Board of the State ofMichigan, which Administrative Board
     may order the cancellation of the contract found to have been violated and/or declare the
     contractor ineligible for future contracts with the state and its political and civil subdivisions,
     departments, and officers, and including the governing boards of institutions of higher
     education, until the contractor complies with sard order of the Civil Rights Commission.
     Notice of said declaration of future ineligibility may be given to any or all of the persons with
     whom the contractor is declared ineligible to contract as a contracting party in future
     contracts. In any case before the Civil Rights Commission in which cancellation of an
     existing contract is a possibility, the contracting agency shall be notified of such possible
     remedy and shall be given the option by the Civil Rights Commission to participate in such
     proceedings.

9.   The contractor will include, or incorporate by reference, the provisions of the foregoing
     paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the
     rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in
     every subcontract or purchase order that said provisions will be binding upon each
     subcontractor or seller.

                                                                                         March, 1998
Date:      September 12, 2000

To:       Honorable Mayor and City Commissioners

From:       Finance Director

RE:       2001 Budget Adoption



SUMMARY OF REQUEST: This is the time set for a public hearing on the City's proposed
budget for the year 2001. The proposed 2001 budget has been made available for public inspection at
City Hall and at the Hackley Public Library since September 1st. At this time the City Commission may
take action to adopt the 2001 budget with whatever changes or adjustments it deems necessary. In
any event, City Charter requires the 2001 budget be adopted no later than September 25, 2000.

FINANCIAL IMPACT:                The budget sets forth the priorities and overall financial plan for
operations in the year 2001. As proposed, the budget includes no property tax increase.

BUDGET ACTION REQUIRED: Adoption of the attached budget resolution provides the
legal appropriation authority necessary for City departments to conduct operations in 2001.

STAFF RECOMMENDATION: After receiving comments, close the public hearing and
approve the proposed 2001 City of Muskegon Budget resolution that is attached. Also, approval of the
 rd
3 Quarter 2000 Budget Reforecast as shown in the Budget Book is recommended at this time.

COMMITTEE RECOMMENDATION: The Committee of the Whole met in a special
                                  th
work session, Monday, September 11 to review the budget.




9/18/97
                                CITY OF MUSKEGON
                           RESOLUTION OF APPROPRIATION
                                   2001 BUDGET
                                    2000-SS(a)
        WHEREAS, the City Manager has submitted a proposed Budget for 2001 in
accordance with the City Charter and Michigan Public Act 621 of 1978 known as the
"Uniform Budgeting and Accounting Act"; and,
        WHEREAS, the 2001 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT
RESOLVED that the Budget for the City of Muskegon for the fiscal year beginning January
1, 2001 is hereby determined and adopted as follows:

                                   GENERAL FUND
 FUND
ACTIVITY
NUMBER             FUND/ACTIVITY NAME                                       AMOUNT

101-10101           City Commission                                          132,648
101-10102           City Promotions & Public Relations                        34,000
101-10145           City Attorney                                            370,674
101-10172           City Manager                                             194,056
101-10875           Contributions to Outside Agencies                        141,640
101-10891           Contingency and Bad Debt Expense                         450,000
101-20173           Administration                                           181,339
101-20215           City Clerk & Elections                                   264,292
101-20220           Civil Service                                            197,982
101-20228           Affirmative Action                                        79,285
101-20744           Julia Hackley Internships                                  4,650
101-30202           Finance Administration                                   354,483
101-30205           Income Tax Administration                                292,024
101-30209           Assessment Services                                      373,666
101-30248           Information Systems Administration                       284,942
101-30253           City Treasurer                                           350,429
101-30851           Insurance Premiums                                       270,000
101-30906           Debt Retirement                                          265,098
101-30999           Transfers to Other Funds                               1,371,000
101-40301           Police                                                 6,644,225
101-40333           Police Narcotics Unit                                    508,343
101-50336           Fire                                                   3,031,873
101-50387           Fire Safety Inspections                                  937,201
101-60265           City Hall Maintenance                                    273,256
101-60446           Community Event Support                                   97,882
101-60448           Street Lighting                                          532,064
101-60523           Sanitation                                             1,480,330
101-60528           Recycling                                                262,707
101-60770           Senior Citizen Transit                                    48,848
101-70276           Cemeteries Maintenance                                   494,246
101-70585           Parking Operations                                        50,156
101-70751           Parks Maintenance                                      1,255,308
101-70752           Forestry                                                 161,636
101-70757           McGraft Park Maintenance                                  54,443
101-70775           General Recreation                                       293,373
101-70776           Inner City Recreation and Drug Education                 193,429
101-70863           Farmers' Market and Flea Market                           39,292
101-80387           Environmental Services                                   343,558
101-80400           Planning, Zoning and Economic Development                521,425
101-96000           Major Capital Improvements                               245,000
                    Grand Total General Fund Appropriations              $23,180,803




                                         94
                            OTHER BUDGETED FUNDS

 FUND
ACTIVITY
NUMBER           FUND/ACTIVITY NAME                              AMOUNT

202,204           Major Streets and State Trunklines                   5,401,609
203               Local Streets                                        1,741,619
230               Enterprise Community                                   180,000
254               L.C. Walker Arena                                      861,416
211               Police Training                                         30,000
264               Criminal Forfeitures                                    75,000
297               Local Development Finance Authority II                 650,000
260               Land Reutilization                                       1,000
285               Tree Replacement                                         3,000
305               TIFA Debt Service                                      181,093
306               Special Assessment Debt                                243,418
394               Downtown Development Authority Debt                    618,972


  BE IT FURTHER RESOLVED that the revenues and other financing sources (including
use of prior year balances) for Fiscal Year 2001 are estimated as follows:


                                 GENERAL FUND

                    FUND/ACTIVITY NAME                                 AMOUNT

                  Taxes                                             $13,142,817
                  Licenses and Permits                                  991,000
                  Federal Grants                                        456,005
                  State Grants                                                0
                  State Shared Revenue                                5,441,651
                  Charges for Sales & Services                        1,824,457
                  Interest & Rentals                                    500,843
                  Fines & Fees                                          289,200
                  Other Revenue                                         362,650
                  Other Financing Sources                               180,000


                  Total General Fund Revenue
                  Appropriations                                     $23,188,623


                            OTHER BUDGETED FUNDS

 FUND
ACTIVITY
NUMBER           FUND/ACTIVITY NAME                             AMOUNT

202,204           Major Streets and State Trunklines                   5,401,609
203               Local Streets                                        1,741,619
230               Enterprise Community                                   180,000
254               L.C. Walker Arena                                      861,416
211               Police Training                                         30,000
264               Criminal Forfeitures                                    75,000
297               Local Development Finance Authority II                 650,000
260               Land Reutilization                                       1,000
285               Tree Replacement                                         3,000
305               TIFA Debt Service                                      181,093
306               Special Assessment Debt                                243,418
394               Downtown Development Authority Debt                    618,972


                                       95
  BE IT FURTHER RESOLVED that the operating expense projections for the following
non-budget funds are hereby approved:

 FUND
ACTIVITY
NUMBER              FUND/ACTIVITY NAME                                         AMOUNT

404                  Public Improvement Fund                                   $715,600
403                  Sidewalk Improvement Fund                                 1,262,413
482                  State Grants Fund                                         2,535,000
584                  Municipal Golf Course                                       200,000
590                  Sewer                                                     4,270,947
591                  Water                                                     7,349,004
594                  Marina/Launch Ramp                                          199,258
661                  Equipment                                                 1,979,157
642                  Public Service Building                                     557,103
643                  Engineering Services Fund                                   637,308
677                  General Insurance Fund                                    3,421,019


   BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the
several amounts set forth above which, pursuant to the "Uniform Budget and Accounting
Act", define the City of Muskegon's appropriation centers, and

  BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and

   BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on
each dollar of taxable valuation for the purposes herein outlined, said levy to be applied
on all taxable real and personal property in the City of Muskegon as set forth in the
assessment roll dated May 24, 2000:

                         PURPOSE                                      MILLAGE (MILLS)

                     General Operating                                           7.0000
                     Sanitation Service                                          3.0000
                     Promotion                                                    .0859

                    Total                                                       10.0859

At a regular meeting of the City Commission of the City of Muskegon, on the Twelfth Day
of September 2000, the foregoing resolution was moved for adoption by Commissioner
 Aslakson . Commissioner Spataro                        supportedthemotion.

Resolution declared adopted.




                                                        Lo.L ·
                                                        yClerk          ~~




                                           96
               Commission Meeting Date: September 12, 2000




Date:          August 31, 2000
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic DevelopmentC.f?C.,,
RE:            Public Hearing - Request for an Industrial Facilities
               Exemption Certificate • SAPPI Fine Paper


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, SAPP! Fine Paper, 2400 Lakeshore
Drive, has requested the issuance of an Industrial Facilities Exemption Certificate.
Total capital investment for this project is $9,493,520 in personal property. The project
will not create any new employment opportunities. SAPPl's current workforce is 735.

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 (9) years.

COMMITTEE RECOMMENDATION:

None




8/31/2000
                                            Resolution No. 2000-SS(b)

                                      MUSKEGON CITY COMMISSION

                         RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                          OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                         SAPPI FINE PAPER

 WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
      December 14, 1983, this Commission by resolution established an Industrial Development
      District as requested by S.D. Warren Company, 2400 Lakeshore Drive, Muskegon,
      Michigan 49441; and

 WHEREAS, SAPPI Fine Paper 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
     September 12, 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 27, 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 detenmines 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 SAPPI Fine Paper, 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:

               Blks 598, 599,600,601,602, 603, & 604, excluding W/y 260 ft also Richards Street vacated
               from N line Lakeshore Drive to Shore of Muskegon Lake excluding C & 0 ROW a/so Lot 19
               Blk 597 excluding com @ SE comer said Lot 19 thence Nwly on Ely line said Lot 125 ft.
               thence !My 70 ft. thence Se/y 125 ft. to S line said Lot thence Ely 70 ft. to POB.


          3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
             and effect for a period of nine (9) years on personal property.




8/31/00                                                                                               '2
  Adopted this 1201 Day of September 2000


  Ayes: Benedict, Nielsen, Sc hweifler, 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 meeting held on ·September12,
  2000.




· 8/31/00                                                                                            3
                                 City of Muskegon
                                 Industrial Development Dist:irict
                                 Summary Sheet


Company Summary:
          SAPP! Fine Paper, 2400 Lakeshore Drive, has requested the issuance of an Industrial
Facilities Exemption Certificate. SAPP! is installing $9,493,520 to upgrade machinery and
equipment at the Muskegon plant. SAPP! manufactures high quality coated commercial printing
paper products. This company has been very consistent in meeting their previous IFT goals.
SAPPI Fine Paper (formerly S.D. Warren Co.) has historically been a stable company and
employer for the Muskegon area. Due to the fact that the company is investing more than $9
million, it is eligible for a three (3) year investment bonus in addition to the standard six (6) year
exemption for personal property.

Employment Information:
           Racial Characteristics:
                          White                    614
                           Minority                121
                          Total                    735

           Gender Characteristics:
                         Male                      643
                         Female                    92
                         Total                     735

          Total No. of Anticipated New Jobs:       0

Investment Information:
          Real Property:                           $0
          Personal Property                        $9,493,520
          Total:                                   $9,493,520

Property Tax Information: (Annual)                 All Jurisdictions         City Only
          Total New Taxes Generated                $256,325                  $95,885
          Value of Abatement                       $128,163                  $47,942
          Total New Taxes Collected                $128,163                  $47,942

Income Tax Information: (Annual)
          Total Additional Income Tax Generated:        $0

Company Requirements:
          Adopted Affirmative Action Policy                                               No
          Meeting w/ City Affirmative Action Director                                     No
          Signed Tax Abatement Contract                                                   No
          Taxes Paid In Full                                                              No
          Appropriate Zoning                                                              No

                  1/< ---
=,,,~_1'a;,,✓,;;i~-
                 ..
Matthew Dugener'
Business Development                               Affirmative Action
                        Muskegon Lake




Muskegon Country Club
             Commission Meeting Date: September 12, 2000




Date:         September 5, 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for Time Extension - IFT
              Certificate No. 97-534- Neway Anchorlok International


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, Neway Anchorlok International,
1950 Industrial Boulevard, Muskegon, Michigan has requested a time extension of
Industrial Facilities Exemption Certificate No. 97-534.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting a time extension on Industrial Facilities
Exemption Certificate No. 97-534 for a term of (1) year.

COMMITTEE RECOMMENDATION:

None
                                   Resolution No. 2000-88 ( c)

                              MUSKEGON CITY COMMISSION

   RESOLUTION APPROVING EXTENSION OF TIME TO COMPLETE TERMS OF IFT
       CERTIFICATE NO. 97-534 - NEWAY ANCHORLOK INTERNATIONAL


WHEREAS, pursuant to P.A. 198 of 1974, as amended, Neway Anchorlok International, has
     requested an extension of time to complete the installation of equipment abated under
     IFT Ce1tificate No. 97-534; and

WHEREAS, the original ce1tificate and Tax Abatement Contract between the City and Neway
     Anchorlok required that all equipment be installed by December 3 1, 1999; and

WHEREAS, Neway Anchorlok Intel'national has experienced several unexpected delays in
     the acquisition and installation of one component of the equipment listed in IFT
     Certificate No. 97-534 but expects that this equipment will be installed by December 31,
     2000;and

WHEREAS, Neway Anchorlok International requests an extension for installation of equipment
     until December 31, 2000.

NOW THEREFORE BE IT RESOLVED, the Muskegon City Commission agrees to extend the
     time for the installation of machine1y and equipment from December 31, 1999 to
     December 31, 2000 for IFT Certificate 97-534.

Adopted this Iih Day of September 2000.

Ayes:   Niel sen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Bened ict
Nays:   None

Absent:   None
                                                 By:


                                                 Attest:


I hereby ce1tify 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
September 12,2000.                                                ~

                                                    L
                                                 Gail Kundinger, Clerk          dw
                                                                                                                      ,_.,; '
                                                                                                                    f
                                                                                                                   -,-•--
                                                                                                                            \
                                                                                                                                .   --   ~   '




                                                                              NIEWAY ANCHORILOK
                                                                              INTERNATIONAL




l\fr. Matt Dugener
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443

RE:           Neway Anchorlok International, Inc
              Request for extension of due date for Industrial Facility Exemption Certificate #1997-534


Within our application, an "E-coat paint system" is listed with a total cost of$2,007,483. As of
December 31, 1999 this system was not yet completed. We therefore request that the due date to
complete the projects listed on the application be given a one-year extension to December 31,
2000,

While the other items listed on the application could be completed within the time frame
allowed, the E-coat paint system has yet to be completed. There are many factors into why
N eway Anchorlok missed the target date. First, there where major design options which needed
to be worked through and decided upon. Once this was done, the approval process took longer
than anticipated. Also, the system is a one of a kind system; it therefore took more engineering
hours and time to build than originally planned. In the middle of the project, there was a major
change in the project scope that pushed out the completion time several months. Finally, we
purchased the paint plant and material handling transporters from a vendor in the United .
Kingdom. The vendor had delays in their build schedule and we lost approximately four-six
weeks in US customs.

If you require further information or clarification, please call me at (231) 777-4351.

Sincerely,
/✓-~-~'(: I' ✓-. {)' ' .
                    (


"---Wl.-. ,LJv ~
ChrisD Cook
Assistant Contoller




                                                1950 INDUSTRIAL BOULEVARD. RO. BOX 425. MUSKEGON, Ml 49443-0425
                                                    TELEPHONE 6 l 6-773-3271 FAX 6 l 6-766-3893 • l-800-356-3929
   ,:~,,.....~,,-,-,..,,.. .,,,.,. ,,   ..   ,.,,...,....,.,,_,..   __ -- -
                 Muskegon Township



Laketon Avenue
                             CITY OF MUSKEGON
                                      LEGAL NOTICE


NOTICE IS HEREBY GIVEN that a public hearing will be held concerning a time extension of an
Industrial Facilities Exemption Certificate, as requested by Neway Anchorlok International, Inc., 1950
Industrial Boulevard, Muskegon, Michigan, as provided for by Act 198 of the Michigan Public Acts of
1974, as amended. The hearing will be held by the City Commission of the City of Muskegon on
September 12, 2000, at 5:30 p.m. at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan.
Owners of property and any residents or taxpayer of the City of Muskegon shall have the right to appear
and be heard.




Gail Kundinger, City Clerk




8/31/00                                                                                            4
Date:          September 12, 2000
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Public Hearing
               Create Special Assessment District& Bid Consideration on:
               Irwin, Peck to Wood




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment of the Irwin Ave. from Peck
Street to Wood project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.
Furthermore, if the district is created to award the contract to Felco Contractors since they
were the lowest responsible bidder with a bid price of $344,113.03 (see bid tabulation).



FINANCIAL IMPACT:

The construction cost of $344,113.03 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To approve the creation of the special assessment and assign two City Commissioners to
the Board of Assessors by adopting the attached resolution. Also, if the district is created to
award the contract to Felco Contractors.



COMMITTEE RECOMMENDATION:
                                      CITY OF MUSKEGON

                                    Resolution No. 2000-88( d)


               Resolution At First Hearing Creating Special Assessment District
     For IRWIN AVENUE FROM 38' EAST OF THE CENTERLINE OF PECK TO 234'
                  WEST OF THE CENTERLINE OF WOOD STREET.


                      Location and Description of Properties to be Assessed:
                             See Exhibit A attached to this resolution


RECITALS:

1.      A hearing has been held on SEPTEMEBR 12, 2000 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 SEPTEMBER 12, 2000, there were 19. 48 % objections by the
        owners of the property in the district registered at the hearing either in writing received
        before or at the hearing or by owners or agents present at the hearing, and the
        Commission has considered the advisability of proceeding with the project.

FINDINGS:

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 property to be assessed and the
        value of the benefit to be received by each property proposed to be assessed in the district
        after the improvements have been made. The City Commission determines that the
        assessments of costs of the City project will enhance the value of the properties to be
        assessed in an amount at least equivalent to the assessment and that the improvement
        thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.      The City Commission hereby declares a special assessment district to include the
        property set forth in Exhibit A attached to this resolution.

2.      The City Commission determines to proceed with the improvements as set forth in the
       feasibility study and estimates of costs, and directs the City Engineer to proceed with
       project design, preparation of specifications and the bidding process. If appropriate and
       if bonds are to be sold for the purposes of financing the improvements, the Finance
       Department shall prepare plans for financing including submission of application to the
       Michigan Department of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Si eradzk i                                 and - - Shepherd
                                                                           - - -- - -- - -
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 11.72 % of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes_ _ S_c_h_w_e_i_fl_e_r~,_S_h_ep~h_e_r_d~,_S_ie_r_a_d_z_k_i~,~Sp~a_t_a_r_o~,_A_s_l_a_k_s_o_n~, _B
                                                                                                          _e_n_e_d_i_ct~, _
               Nielsen

       Nays     None
             - --  -- - - - - - - - - - - - - -- -- - - -- - -- - -


                                                                            CITY OF MUSKEGON




                                             ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on September 12, 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
                                EXHIBIT A


                   Irwin Ave. from Peck Street to Wood

                      SPECIAL ASSESSMENT DISTRICT

All properties abutting that section ofIRWIN AVENUE FROM 38' EAST OF THE
CENTERLINE OF PECK TO 234' WEST OF THE CENTERLINE OF WOOD 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 12 TH DAY OF SEPTEMBER, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:            - - - .

    All parcels abutting Irwin Avenue from 38' east of the centerline of Peck
               Street to 234' west of the centerline of Wood 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 SEPTEMBER 2, 2000.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF SEPTEMBER, 2000.

                                             ~ o.L~~
                                           GAIL A. KUNDINGER, CITY CW,ERI(


SUBSCRIBED AND SWORN TO BEFORE ME THIS
    lfl-/2
        DAY OF ,,      5e,l)-le
                        m be c , 2000.
~            ,Jk . ,,J_   r    ~
NOTA Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES             L,. d ,C--o c2,
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                                                                                                                                                                                                                                                               FOO
                           ENGINEERING FEASIBILITY STUDY
                                    IRWIN AVE.
                                  PECK TO WOOD


The Milling & resurfacing as well as curb & gutter replacement on Irwin between Peck and
Wood was initiated by the City due to the conditions its in. The proposed resurfacing, we feel, is
necessary to prevent this section of roadway from deteriorating to a point where resurfacing
would not be a valid option and complete reconstruction would then be necessary, and
subsequently increasing the cost to the property owners as well as to the City.

A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.

The preliminary cost estimate of the project is $386,000.00. The total assessable amount is
$45,25.36 and the assessable footage on these improvement is2,653.98 lineal feet, which
translates into an estimated improvement cost of$145.44 per assessable foot. The assessment
amount will be at a cost not to exceed $17.05 per assessable front foot.
I MUSKEGON COlJNTY
I M   C H   G A N
                                                                    173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                                (231) 724-6386
                                                                                                           FAX (231) 724-1129



I   BOARD OF COMMISSIONERS
                                                                                           EQUALIZATION DEPARTMENT


    Kenneth J. Hulka, Chair
I   Bill Gill, Vice Chair
    Paul Baade
    Douglas Bennett
    Nancy G. Frye

I   Jacobo.Funkhouser
    James J. Kobza
    Louis McMurray                                                     August 29, 2000
    Clarence Start      h                       .         .
I                 Mo ammed Al-Shatel, City Engmeer
                  933 Terrace Street
                  Muskegon,MI49443
I
                  Mr. Al-Shatel:
I                 In accordance with your request, I have examined the proposed special
                  assessment district entailing the milling and resurfacing of Irwin Avenue located
I                 between Peck Street and Wood Street. The purpose of this analysis is to
                  document the reasonableness of this special assessment district by identifying
                  and quantifying any accrued benefits. It is subject to the normal governmental
I                 restrictions of escheat, taxation, police power and eminent domain. The effective
                  date is August 18, 2000.
I                 In conclusion, it is my opinion that the special assessment amounts justly and
                  reasonably represents the accrued benefits to the properties encompassed by this
I                 project. The amounts reflect the sum of the immediate estimated value
                  enhancement and the intrinsic value that will accrue from an overall increase in

I                 property values due to an improved quality of life created by the proposed
                  project. As previously presented, the proposed special assessment district
                  encompasses a mixture of properties, but the front foot rate of $17.05 appears
I                 reasonable in light of analysis that indicates a probable enhancement of $19.50.
                  The conclusions are based upon the data presented within this limited analysis in
I                 restricted format, and on supporting information in my files.


I                 Sipcerely,     J-'                C17
                  (/u>JV-f Ct. . >-:LA,r;--v•Jc'-L cX
I                 ferry NGroeneveld, CMAE 3
                 Senior Appraiser

I
I                                      TDD (231) 722-4103 • An EEO I ADA I AA Employer
                                                        recycled paper
Affirmative Action
616/724--6703
FAX/724-67-~0                                    MUSKEGON
Assessor
616n2-t..61os
FAX/724-6768
                     September 01, 2000
Cemetery
6I6n24-6783
FAxn22-4188

Civil Service
616/724-6716
F AXn24-6790                                     West ~Uchlgan's Shoreline City
Clerk
616/724-6705
F Axn24-6768
                     Parcel Number     -----:            at   -------
Comm. ~ Neigh.
   Services                             NOTICE OF HEARING ON SPECIAL ASSESSMENT
616/724-6717
FAxn24-6790
                     Dear Property Owner:
Engineering
616/724-6707
FAX/724-6790         The Muskegon City Commission is considering whether or not to create a special
Finance
                     assessment district which would assess your property for the following paving project:
616n24-6713
FAxn24-6768
                                               Irwin Avenue, Peck Street to Wood Street
Fire Dept.
616/724-6792
FAX/724-6985         The proposed special assessment district will be located as follows:
Income Tax
616/724-6770          All parcels abutting Irwin Avenue from 38' east of the centerline of Peck Street to 234'
FAX/724-6768
                                                west of the centerline of Wood Street
Info. Systems
616/724-6975
FAX/724-6768
                     It is proposed that a portion of the above improvement will be paid by special
                     assessment against properties in the aforementioned district. Following are conditions
Leisure Service
6t6n24-6704          of the proposed special assessment which are important to you.
FAX/724-6790

Manager's Office                                              Public Hearings
616/724-6724
FAX/724-6790
                     An initial public hearing to consider the creation of a special assessment district will be
Mayor's Office
616n24-6701
                     held at the City of Muskegon City Commission Chambers on September 12, 2000 at
FAXfl24-6790         5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
Neigh. & Const
                     in writing to express your opinion, approval, or objection concerning the proposed
   Services          special assessment. We are enclosing a Hearing Response Card for you to indicate
6t6n24-6715
FAXfl24-6790         your agreement or opposition to the special assessment. This card includes the
                     property identification and description, assessable footage per City policy, and the
Planninefloning
616/724-6702         estimated cost of the assessment. You may also appear, as above, in lieu of, or in
FAxn24-6790          addition to mailing your response card to the City Clerk. Written objections or
Police Dept.         appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
616/724-6750         ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
FAXfllZ-5140
                     IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
Public Works
616/724-4100
                     OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
FAX/722-4188

Treasurer
616/724-6720
FAX/724-6768

Water Dept
616/724-6718
FAX/724-6768

Water Filtration
616/724-4106
FAX/755-5290             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be mailed a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.

                                   Estimated Costs

The total estimated cost of the street portion of the project is $386,000 of which
approximately 11.72% ($45,250.36) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

Please refer to the enclosed sheet entitled Special Assessment Payment Options .for
more information on the payment options and financial assistance programs available.

I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
excef't holidays.

Sincerely,




Mohammed AI-Shatel, P.E.
City Engineer
                       Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I.  Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

         Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
         amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
         described below.

         Driveway, Sidewalk, and Approach Assessments -Ten (10) years equal annual principal payments
         plus applicable interest as described below.

         Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
         to complete the project for which you are assessed and has pledged you assessments for repayment of
         the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
         must pay on the borrowed money plus 1.00%.

Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

     •   Be 65 years or older or be totally or permanently disabled.

     •   Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
         being assessed for five (5) years or more.

     •   Be a citizen of the U.S.

     •   Have a total household income not in excess of $16,823.00

     •   Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year .
                       •
JV. 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
                                              IRWIN AVENUE H-1513
                                   REQUEST FOR WAIVER OF SPECIAL ASSESSMENT



Dear Resident:
      The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
      replacement program. City ordinances require that property owners be responsible for the repair/replacement
      of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
      paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
      Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
      qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓   Applicants must submit proof that their total household income does not exceed 65% of Area Median
    Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
    2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    income.
                                                         2000
                                               65% MEDIAN
                                                     , .  HOUSEHOLD
                                                           - ,. ,, _,.,.,_ '"',INCOME CHART '.
                                                                                  .·.,,,·s,.,s-··.   .t




                                                 FAMILY SIZE                INCOME LIMIT
                                                       1                           $22,800
                                                       2                            26,040
                                                       3                            29,340
                                                       4                            32,580
                                                       5                            35,160
                                                       6                            37,800
                                                       7                            40,380
                                                       8                            43,020
                                               For each extra, add                   3,240


✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
    Contract purchasers must obtain approval of titleholder prior to receiving assistance, Proof of ownership should be
    a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver~s license or other official
    document showing both your name and address.

✓   Applicants must submit proof of current property insurance.

Please complete the first"four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficier.
documentation. Sidewalk repairs must be completed by the City ofMuskegon. Costs incurredfrom repairs done by a private contractor orb.
doing them yourself. will not be reimbursed
                                  SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
                                 To have your vote count, please
                    Return This Card By: September 12, 2000

   Project Title:          Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


  INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:
   Parcel Number
   MAP Number:
   Assessable Frontage:
   Estimated Front Foot Cost:
   ESTIMATED TOTAL COST

   Property Description




                                       Your vote COUNTS!

   Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner
     1AM IN FAVOR

                          •
           _ _ _ _ _ _ _ _ _ _ _ _ _ Owner
                                                                 I AM OPPOSED



Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __
                                                                                       •
Address                                           Address
                                                                                EWSCH JILLEEN K
        Thank you for taking your time to vote on this important issue.
                                   CITY OF MUSKEGON
                               NOTICE OF PUBLIC HEARING
                              SPECIAL ASSESSMENT DISTRICT

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:

                               IRWIN AVE., PECK TO WOOD

The location of the special assessment district and the properties proposed to be assessed are:

  All properties abutting IRWIN A VENUE FROM 38' EAST OF THE CENTERLINE OF
          PECK TO 234' WEST OF THE CENTERLINE OF WOOD STREET.


It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON SEPTEMBER 12, 2000 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.

By City Chatier, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.


PUBLISH:       September 2, 2000                               Gail Kundinger, City Clerk
                                          ADA POLICY

The City will provide necessary appropriate auxiliary aids and services, for example, signers for
the hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want
to attend the meeting, upon twenty-four hours notice to the City. Contact:
                                  Gail A. Kundinger, City Clerk
                            933 Terrace Street, Muskegon, MI 49440
                             (616) 724-6705 or TDD (616) 724-6773
                                                    SPECIAL ASSESSMENT                                     Ji>~C~
                                                                                                                           1
                                             HEARING REsPoNsE cARo c ·
                                                                                                     lfy
                                                                                                           st'
                                                                                                              P    0
                                                                                                                  . 6 <a
                                                                                                                                v~D
                                                   To have your vote count, please                         C;'°            rlo
                                                                                                             '-7,f,S'
                              Return This Card By: September 12, 2000                                                   011,.
                                                                                                                           'ce
   Project Title:                        Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street



   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                                  1410                 PECK ST
   Parcel Number                                                      24-205--276-0001 -00
   MAP Number:                                                        24-31-29-301-001
   Assessable Frontage:                                               40.5       Feet
   Estimated Front Foot Cost:                                         $17.05             per Foot
   ESTIMATED TOTAL COST                                               $690.53
   Property Description
   VVLY 86 FT LOT 1 BLK 27 6 R&M EXEMPT!ON-95-ROOF-$500 AV.




                                                           Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner
     I AM IN FAVOR
                                        [8J
                                                             l\(!, tc
                                    ----!----+-:............+-....,________,..._ Owner
           o l . o l i , I ~ ~.......



Sig nature -~~...,;;-------------....:..---- Signature
                                                                                                I AM OPPOSED

                                                                                                                          •
Address                                                                    Address
                                                                                                                                      21
        Thank. you for taking your time to vote on this important issue.
                                                 SPECIAL ASSESSMENT
                                               HEARING RESPONSE CARD
                                                 To have your vote count, please
                                Return This Card By: September 12, 2000

            Project Title:                 Irwin Avenue, Peck Street to Wood Street
            Project Description: All parcels abutting hwin Avenue from 38' east of the centerline of
                                 Peck Street to 234' west of the centerline of 1/'/ood Street


            INSTRUCTIONS
            If you wish to have your written vote included as part of the tabulation of votes forwarded to
            the City Commission for the scheduled public hearing, please return this card by the date
            indicated above. To use this response card please indicate whether you Oppose or Favor
            this special assessment project, sign the form and return it to the City Clerk's Office. To
            return this card by mail, simply fold on the dotted lines so the address on the reverse side is
            showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

            Assessment Information
            Property Address:                                59           IRWINAVE
            Parcel Number                                    24-205-27 5-0001-00
            MAP Number:                                      24-31-29-302-001
            Assessable Frontage:                             33.5       Feet
            Estimated Front Foot Cost:                       $17.05    per Foot
            ESTIMATED TOTAL COST                             $571.18

            Property Description
            W 1/2 LOT 1 BLK 275




                                                      Your vote COUNTS!
                          "' in favor or opposed to the Special Assessment Street Paving Project.
             Please vote either




        Owner
               1AM IN FAVOR



        Signature ....;;;~l,;,!.~"1,,,/"--------- Signature
                                                                               1AM OPPOSED

                                                                                              •
                               . l'  · . ·J ·
                                                     'fs
11\ll.tl;ljAddress                                       Address
                                    ;...u
                      \.iA.s t<,e 0, (,h'l ,   .,., .
                Thank you for1aking your time to vote on this important issue.
                                                                                                              25
REC EI V EI)                  SPECIAL ASSESSMENT
 CITY OF MUSKEGON HEARING RESPONSE CARcR                                EC EI VE D
     SEP 1 '.~ 2000                                                    CITY OF MUSKEGON
                              To have your vote count, please
               n:,.nr""'""                .     ·· ·               SEP 11 2000
f.t-,;GINE[RINo'ttil!i"~   ;This Card By: September 12, 2000
Project Title:          Irwin Avenue, Peck Street to Wood Stree[NJINffRING DErr.
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                     Peck Street to 234' west of the centerline of Wood Street


INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

Assessment Information
Property Address:                         83             IRWINAVE
Parcel Number                             24-205-275-0017-10
MAP Number:                               24-31-29-302-004
Assessable Frontage:                      33.5         Feet
Estimated Front Foot Cost:                $17.05       per Foot
ESTIMATED TOTAL COST                      $571.18

Property Description
E i/2 OF vV 1i2 LOT 17 BLK 275




                                   Your vote COUNTS!
              "'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.

  1AM IN FAVOR


                                               Owner      C~---
                                                               I AM OPPOSED


                                                              ~·   A     t,,(
                                               Signature _ _ _ _ _ _ _ _ _ _ __
                                                                                 •
                                               Address
                                                                                                  5
   Thank you for taking your time to vote on this important issue.
   RE   CE\\JE.r)
    CliY Of MUSKEGON                      SPECIAL ASSESSMENT
          SEP 1 '.: 2000           HEARING RESPONSE CARD

    fJ1ij\t\££\\\l\MePufr~lfhisT~;;;~:~u~:;:ec:~n~~ P~~:s;ooo
   Project Title:               Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


   INSTRUCTIONS
   if you wish .to have y-our writts::n vote included as part of the tabulation of votes for..varded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                       77                  IRWINAVE
   Parcel Number                                           24-205-275-0017-00
   MAP Number:                                             24-31-29-302-003
   Assessable Frontage:                                    41.5      Feet
   Estimated Front Foot Cost:                              $17.05        per Foot
   ESTIMATED TOTAL COST                                    $707.58
   Property Description
   'vV 1/2 OF W 1/2 LOT 17 AND E 8 r:T OF LOT 1 BLK 275




                     .                           Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

     1AM IN FAVOR


o_wner .
Signature
            ==           ~~~~
            ,11:~;.:;.:.;:;.:.::;....~~~-"H-,~.,.c;.-·..,.;;~---
                                                                   Owner
                                                                   Signature
                                                                                  I AM OPPOSED

                                                                                                       •
                                                                               t): ;9,'4!¢F;p76.-a •s ut:-
Address       ~                                                    Address
                                                                                                             6
       Thank you for taking your time to vote on this important issue.
                                 SPECIAL ASSESSMENT
                            HEARING-RESPONSE CARD
                                 To have your vote count, please
                    Return This Card By: September 12, 2000
   Project Title:         Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


  iNSTRUCTIONS
   If you wish to have your written vote included as part of ihe tabuiation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lin.es so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                          181             IRWIN AVE
   Parcel Number .                            24-205-273-0002-00
   MAP Number:                                24-31-29-304-003
   Assessable Frontage:                       53          Feet
   Estimated Front Foot Cost:                 $17.05     per Foot
   ESTIMATED TOTAL COST                       $903.65

   Property Description
   \JV 53 FT LOT 2 BLK 273




                                       Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

    . I AM IN FAVOR

Owner                     •                   / 1 I
                                                    ~M OPPO~:_s,
                                                              . / I
                                                                       /0/ /(. .-'/ . JJ~__,,y
            _ _ _;,..,__ _ __ _ __ __ Owner /, , ,'/1✓-/}.:./' ,·'"' I fJ A ,1_//(
                                                                                                    lxf_      1
                                                                                                               •:;,
                                                                                                                          1 //
                                                                                                                        · ;



Signature   _ __ _ _ _ __ _ _ ___ Signature '.:?-<" .$,/4:;/ ,,-·<,j,~~/>«3~~~✓
Address                                             Address   / ;- -·/ J~~-iYe/..J{(A?:;( ,. < __::-~~~ ·-
                                                                 •.. - . ~ !ES   _._.-   ~ C                  )~
                                                               J,                         ~•:::El!~.•1,:,r<;'.:?. LLl)'i'f) L   /-   35
        Thank you for taking your time to vote on this important issue.
                                                             SPECIAL ASSESSMENT
                                              HEARING RESPONSE CARD
                                                         To have your vote count, please
                              Return This Card By: September 12, 2000

   Project Title:                        Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


   INSTRUCTIONS
   'f you wish to have your written vote included as part of the tabulntion of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                                             171                 IRWINAVE
   Parcel Number                                                                 24-205-273-0003-00
   MAP Number:                                                                   24-31-29-304-002
   Assessable Frontage:                                                          63            Feet
   Estimated Front Foot Cost:                                                    $17.05        per Foot
   ESTIMATED TOTAL COST                                                          $1,074.15

   Property Description
   !'J 84 1/? FT LOT 3 BLK 273




                             .                                    Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.



    ·
        I AM IN FAVOR
        ··   ~ .1 ·\ ...· .• ., • .
                                        UL          ,.       I;,:k11 i\wn,1 1•1i·t£!
                                                                                                        I AM OPPOSED


Owner (       ~G({l\!'IJ)vL~                             ·   !~    ·Hr'IJ(;i.,/'' t' Owner
Signature
                 ~.-..
                         ..,.,,,!'°ti/'.'.·.,,
                         I       '1 ,,•'
                                               ./    _ ' ·,         'I, /',-,   . - '\
                                                                                         Signature
                                                                                         1
Address          It\ . /.dl'UL            ;   /Vl(i;/L:,91-~.!/&k               c'frbi&~~ddress
                                         1                                                                             15
        Thank you for taking your time to vote on this important issue.
                                     SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
                                     To have your vote count, please
                       Return This Card By: September 12, 2000
     Project Title:           Irwin Avenue, Peck Street to Wood Street
     Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                          Peck Street to 234' west of the centerline of Wood Street


    INSTRUCTIONS
     If you wish to have your written vote included as part of the tabulation of votes forwarded to
     the City Commission for the scheduled public hearing, please return this card by the date
     indicated above. To use this response card please indicate whether you Oppose or Favor
     this special assessment project, sign the form and return it to the City Clerk's Office. To
     return this card by mail, simply fold on the dotted lines so the address on the reverse side is
     showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

     Assessment Information
     Property Address:                           191             IRWINAVE
     Parcel Number                               24-205-273-0001-00
     IVIAP Number:                               24-31-29-304-004
     Assessable Frontage:                        36.5        Feet
     Estimated Front Foot Cost:                  $17.05      per Foot
     ESTIMATED TOTAL COST                        $622.33

     ):rooerty_pe§cription
                                                                                C'C
                                                                                '--'I-   p•   11
                                                                                              •,_!   8. ''.flLJ"'[
                                                                                                        L- 1 /
     1\1 47 ,FT LOT 1 & E 10 FT OF N 47 FT OF LOT 2 BLK 273
                                                                            Cit'\( Clerks Otfice


                                          Your vote COUNTS!




                    • .
                  "' in favor or opposed to the Special Assessment Street Paving Project.
     Please vote either

       IAMINFAVOR                                                   I AM OPPOSED

 Owner

 Signature
. Address
                 ~Rw~
            '.J~/v't,T 0\2££ CK ( WnT) Jo.j-j NSO 10

                 rn      II~~)
                                                       Owner
                                                       Signature _ _ _ _ _ _ _ _ _ _ __

                                                       Address
                                                                                                                     43
         Thank you for taking your time to vote on this important issue.
                                          SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
                                          To have your vote count, please
                       Return This Card By: September 12, 2000

   F''roject Title:     Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street



   INSTRUCTIONS
   _If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                        211                   IRWINAVE
   Parcel Number                                            24-205-272-0004-00
   MAP Number:                                              24-31-29-326-001
   Assessable Frontage:                                     65.62     Feet
   Estimated Front Foot Cost:                               $17.05          per Foot
   ESTIMATED TOTAL COST                                     $1,118.82

   Property Description
                                                                                         Citv Clerks Office
   LOT 4 BLK 272




                                                  Your vote COUNTS!
                     4'
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

     1AM IN FAVOR



Signature
                               •
            _ _,:;::::l'1k!...l.l:'..2..4~2!::!'.l-~'w:::::!!'...:=.- Signature
                                                                                     I AM OPPOSED




Address     _..:::a::::::.......J...u......w::::r:.:.u.;11....._ _ _ _ Address
                                                                                                              44
      Thank you for taking your time to vote on this important issue.
                                                   SPECIAL ASSESSMENT
                                           HEARING RESPONSE CARD
                                                  To have your vote count, please

                              Return This Card By: September 12, 2000

      Projeci Title:                    Irwin Avenue, Peck Street to Wood Street
      Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                           Peck Street to 234' west of the centerline of Wood Street



     l.bJSTRUCTIONS
      If you v,ish tc, have,your vvrltten vote included as part of the tabulation of votes fonNarded to
      the City Commission for the scheduled public hearing, please return this card by the date
      indicated above. To use this response card please indicate whether you Oppose or Favor
      this special assessment project, sign the form and return it to the City Clerk's Office. To
      return this card by mail, simply fold on the dotted lines so the address on the reverse side is
      showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

      Assessment Information
      Property Address:                                               233                   IRWINAVE
      Parcel Number                                                   24-205-272-0002-00
      MAP Number:                                                     24-31-29-326-003
     Assessable Frontage:                                             55.62               Feet
                                                                                                      RE'C/E~V,.
                                                                                                            =-H . 11=0,·.
                                                                                                                     ii-. t1   1
      Estimated Front Foot Cost:                                      $17.05              per Foot
      ESTIMATED TOTAL COST                                            $948.32

      Property Description                                                                           City Cler/,s
                                                                                                               '
                                                                                                                  Qf1'·
                                                                                                                    , !Ce
     VJ 55 5/8 FT LOT 2 BLK 272




                                                           Your vote COUNTS!

                    " in favor or opposed to the Special Assessment Street Paving Project.
                                                                                                                 ®
       Please vote either

          I AM IN FAVOR                                                                          I AM OPPOSED


Owner JA::.l!.l.:!.....>;a.t;;.1....::=....,:.l:.!.,,~...;;:.;..:.i.:,.11;ao~1... Owner
Signature                                                             _     Signature

Address                                                               -     Address
                                                                                                                                   42
           Thank you for taking your time to vote on this important issue.
                                 SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
                                                                      ('·
                                 To have your vote count, please      -11i,-
                                                                            . C;,
                                                                                0r1,1
                      Return This Card By: September 12, 2000                       .s
                                                                                         0 lt;ce
Project Title:             Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                     Peck Street to 234' west of the centerline of Wood Street


INSTRUCTIONS
if you \Mish to have ','O'-!r written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

Assessment Information
Property Address:                           1377           TERRACE ST
Parcel Number                               24-205-266-0007-00
MAP Number:                                 24-31-29-162-012
Assessable Frontage:                        16.67       Feet
Estimated Front Foot Cost:                  $17.05      per Foot
ESTIMATED TOTAL COST                        $284.22
Property Description
LOT 7 BLK266




                                      Your vote COUNTS!
                 "'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.




                                                                                                      18
   Thank you for taking your time to vote on this important issue.
                              SPECIAL ASSESSMENT
                         HEARING RESPONSE CARD
                             To have your vote count, please
                  Return This Card By: September 12, 2000
Project Title:         Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                     Peck Street to 234' west of the centerline of Wood Street



!f'JSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

Assessment Information
Property Address:                         286               IRWIN AVE
Parcel Number                             24-205-267-0005-10
                                                                              RECEIVED
MAP Number:                               24-31-29-185-010
Assessable Frontage:                      39.25       Feet
Estimated Front Foot Cost:                $17.05      per Foot
ESTIMATED TOTAL COST                      $669.21

Property Description
ELY 30 FT LOT 5 & THE WLY 3 FT LOT 6 BLK 267




                                   Your vote COUNTS!
                 .,
 Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                     I AM OPPOSED

                                                          ·']0cl-/;9 /Ci:>
                                                                                     11    1
                                                                                               _
                                                                              L _/71 ,;' /2~/ {;
                                                Signature
                                                              _<,,   I '(
                                                Address      .:;_)
                                                                                                   26
    Thank you for taking your time to vote on this important issue.
                                                           SPECIAL ASSESSMENT

                                                HEARING RESPONSE CARD                                            Atc·1::1vr::
                                                          To have your vote count, please                         SEp 1 <?ao,?CD
                              Return This Card By: September 12, 2000                                          City Ct     .    ·
                                                  .                           .                                        erks O .
   Project Title:                           Irwin Avenue, Peck Street to Wood Street                                           ff1ce
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forNarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                                       196               IRWINAVE
   Parcel Number                                                           24-205-266-0004-00
   MAP Number:                                                             24-31-29-162-008
   Assessable Frontage:                                                    76.5      Feet
   Estimated Front Foot Cost:                                              $17,05        per Foot
   ESTIMATED TOTAL COST                                                    $1,304.33

   Property Description
   LOT 4 BLK266




                              .                                       Your vote COUNTS!




                                        •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                                                I AM OPPOSED
     I AM IN ~AVOR                                                   'i


Owner
Signature
            .K;. .,,-u. ...
                        r'_.'., _______
            ...e....·...v-_-_/J.
                                        /1__1c_~c
                                 __. _7_/'_c,_C..
                                             "'....L_.
                                                      A
                                                      ..
                                                   -~--·-----
                                                                e. . ___
                                                  ....~e_·v....,..               Owner
                                                                                 Signature
Address     1' -·:;r;;_, :ri,;_,{,-,; ;,'-'
                   --------------Address
                                                                                               l~ q,\I\   ~L       ,
                                                                                                           ·.[ \ii Ji 1✓
                                                                                                                                       24
        Thank you for taking your time to vote on this important issue.
                                   SPECIAL ASSESSMENT
                              HEARING RESPONSE CARD
                                   To have your vote count, please
                     Return This Card By: September 12, 2000

   Project Title:           Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes fol'\,varded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                           341             BAUER AVE
   Parcel Number                               24-205-270-0002-00
   MAP Number:                                 24-31-29-188-002
     '
   Assessable Frontage:                        37.5        Feet
   Estimated Front Foot Cost:                  $17.05      per Foot
   ESTIMATED TOTAL COST                        $639.38

   Property Description
   I.OT 2 EX S\NLY 3 FT BLK 270




                                        Your vote COUNTS!
                    ,.
   Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner
     1AM IN FAVOR

                          •         Owner
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature

Address                                              Address
         Thank you for taking your time to vote on this important issue.
                                  SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
                                 To have your vote count, please
                     Return This Card By: September 12, 2000

   Project Title:          Irwin Avenue, Peck Street to Wood Street
   Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                        Peck Street to 234' west of the centerline of Wood Street


  INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                          1396          PINE ST
   Parcel Number                              24-205-270-0001-00
   MAP Number:                                24-31-29-188-001
   Assessable Frontage:                       39.16     Feet
   Estimated Front Foot Cost:                 $17.05      per Foot
   ESTIMATED TOTAL COST                       $667.68
   Property Description
   LOT 1 & SVVLY 3 FT LOT 2 SLI< 270




                                       Your vote COUNTS!
                    "'
   Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner           •
     1AM IN FAVOR



           ------------- o~-
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature
                                                  Owner
                                                                 I AM OPPOSED

                                                               ;s:Ak~S
                                                                                 ~
                                                                                               ~

                                                                                     p~Ue-(2__.....,
                                                                                                               .
Address    ---,-----------Address                                     :::S'.f .(., £)\.-'.)£                          $..-1,
                                                                                 r,1u::;i< i.• 1('N•.:r,1!:;Jj;'"::. STO:\lf   ,~O
        Thank you for taking your time to vote on this important issue.
                                    SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
                                    To have your vote count, please
                         Return This Card By: September 12, 2000

    Project Title:            Irwin Avenue, Peck Street to Wood Street
    Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
                         Peck Street to 234' west of the centerline of Wood Street


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                            0             IRWINAVE
   Parcel Number                                24-205-270-0003-00 .
   MAP Number:                                  24-31-29-188-007
   Assessable Frontage:                         3·,r25    Feet
   Estimated Front Foot Cost:                   $17.05    per Foot
   ESTIMATED TOTAL COST                        $583.96

   Property Description
   PART OF LOT 3 COM AT SW COR LOT 3 THE ALONG N LINE IRWIN AVE.59.07 FT TH
   N TO NLY LINE LOT 3 AT A PT 40.4 FT SLY FROM NE COR LOT'3 TH SWLY TO NW
   COR LOT 3 TH SE TO BEG BKL 270


                                         Your vote COUNTS!
                     •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner
      1AM IN FAVOR

                            •
           _ _ _ _ _ _ _ _ _ _ _ _ _ Owner
                                                                   1AM OPPOSED



Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature ~~~:;;;:::::;;:;;;=~;::::::;;;::::=:::..-

Address                                             Address
                                                                                                     28
        Thank you for taking your time to vote on this important issue.
                                      H-1513 IRWIN, PECK TO WOOD

              PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION

                                                                                                                  total of 44-parcels
                                                                                                                  FOR"     OPPOSE'
                                                                                FEET                 PE8~5NTA~E
                                                                                                                       5           15
                                                                                                                       6           18
TOTAL ASSESSABLE FRONT FOOTAGE                                             2653.980                                   21           24
                                                                                                                      25           26
FRONT FEET OPPOSED                                                           517.070                     19.48%                    35
                                                                                                                                   42
RESPONDING FRONT FEET IN FAVOR                                               149.000                      5.61%                    43
                                                                                                                                   44
NOT RESPONDING· FRONT FEET IN FAVOR                                        1987.910                      74.90%                    29
                                                                                                                                   30
TOTAL FRONT FEET IN FAVOR                                                  2136,910                      80.52%                    28




* THE RESPONSE CARD NUMBER ON THE LOWER RIGHT CORNER
hearing was on created on September 12 & Sheppard & Seiradsci were appointed.




                                                                       TABULATED AS OF   09113/00   03:03 PM
                                                                                          BID TABULATION FOR:
                                                                        H-1513 IRWIN AVENUE- PECK TO WOOD 8/29/00

                                                                     ENGINEERS ESTIMATE                      FELCO                 GRANT TOWER            JACKSON-MERKEY                       K&R              LEE'S EXCAVATING             NASHVILLE
                    ITEM DESCRIPTION                UANTIT    UNIT    U. PRICE  T. PRICE        I u. PRICE       T. PRICE      U. PRICE   T. PRICE       U. PRICE  T. PRICE         U. PRICE    T. PRICE      U. PRICE   T. PRICE       U. PRICE   T. PRICE

1 ADJUST MANHOLE CASTING                                 34   EACH   $450.DD     $15,300.00    $250.00              $8,500.00    $520.00    $17,680.00      $380.DD    $12,920.00 $265.00         $9,010.00     $350.00    $11,900.00    $200.00     $6,800.00
2 AGGREGATE BASE COURSE 22A@ 8" COMPACTED              1325   SYD       $6.00     $7,950.00       $5.85             $7,751.25      $5.00     $6,625.00        $7.25     $9,606.25     $8.10      $10,732.50       $5.60     $7,420.00      $8.00    $10,600.00
3 BITUMINOUS LEVELING MIXTURE 3B@ 165#/ S YO            703   TON      $36.DD    $25,308.00      $40.00            $28,120.00     $42.00    $29,526.00       $36.25    $25,483.75    $36.24      $25,476.72      $41.DD    $28,823.00     $36.24    $25,476.72
4    BITUMINOUS TOP MIXTURE4B@ 165#/ SYD                703   TON      $40.DD    $28,120.00      $47.0D            $33,041.00     $43.DD    $30,229.00       $37.65    $26,467.95    S37.62      $26,446.86      $42.00    $29,526.00     S37.62    $26,446.86
5    BORROW FILL                                        200   C YD      $5.00     $1.000.00       S5.00             $1,000.00      $7.00     $1,400.00        $5.75     $1,150.00     $6.00       $1,200.00       $6.00     $1.200.00     S12.00     $2,400.00
6    CATCH BASIN CASTING E.J. 7045 OR EQUAL              16   EACH   $SOD.DD      $8,000.00    $400.00              $6,400.00    S220.DO     $3,520.00      $490.00     $7,840.00 $468.00         $7,488.00     $375.00     $6,000.00    $450.00     $7,200.00
7    CATCH BASIN CASTIN E.J. 5105 OR EQUAL                1   EACH   S500.00        $500.00    $425.00                $425.00    $250.00       $250.00      $490.00       $490.00 $435.00           $435.00     $375.00       $375.00    $400.00       $400.00
8 CATCH BASIN, STANDARD                                  17   EACH $1,500.00     $25,500.00 $1,100.00              $18,700.00 $1,145.00     $19,465.00    $1,275.00    $21,675.00 $1,290.00      $21,930.00   $1,500.00    $25,500.00 $1,200.00     $20,400.00
9 CEMENT                                                 10   TON    $200.00      $2,000.00    $200.00              $2,000.00    $168.00     $1,680.00      $175.00     $1,750.00 $125.00         $1,250.00      $20.00       $200.00    $150.00     $1,500.00
10 COLD MILLING BITUMINOUS, 3" DEEP                   24.02   STA    $SOD.DD     $12,010.00    $480.00             $11,529.60    $440.00    $10,568.80      $545.00    $13,090.90 $390,00         $9,367.80     $420.00    $10,088.40    $437.00    $10,496.74
11 CONCRETE BASE, 8"                                    279   SYD      $30.00     $8,370.00      $48.00            $13,392.00     $32.00     $8,928.00       $25.00     $6,975.00    $28.75       $8,021.25      $31.00     $8,649.00     $28.70     $8,007.30
12 CONCRETE CURB AND GUTTER, F-4 MODIFIED              4596   L FT      $9.00    $41,364.00       $9.00            $41,364.00      $9.50    $43,662.00        $8.20    $37,687.20    $11.25      $51,705.00      $12.00    $55,152.00      $7.55    $34,699.80
13   CONCRETE DRIVE APPROACH, 6"                       1056   SYD      $30.00    $31,680.00      S28.00            $29,568.00     $28.00    $29,568.00       $23.00    $24,288,00    $34.00      $35,904.00      $22.50    $23,760.00     S24.60    $25,977.60
14   CONCRETE SIDEWALK, 4"                             3996   S FT      $4.50    $17,982.00       $2.95            $11,788.20      $3.00    $11,988.00        $2.00     $7,992.00     $3.00      $11,988.00       $2.50     $9,990.00      $2.30     $9,190.80
15   CONCRETE SIDWALK, 6"                               250   S FT      $4.75     $1,187.50       $3.75               $937.50      $3.00       $750.00        $2.60       $650.00     $4.00       $1,000.00       $3.00       $750.00      $2.70       $675.00
16   CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL        29   EACH   $250.00      $7,250.00    $300.00              $8,700.00    $206.00     $5,974.00      $290.00     $8,410.00 $215.00         $6,235.00     $100.00     $2,900.00    $300.DO     SS.700.00
17 CURB STOP W/BOX, 1" MUELLER# 15150 OR EQUAL           23   EACH   $220.DD      $5,060.00    $275.00              $6,325.00    $280.00     $6,440.00      $270.00     $6,210.00 $215.00         $4,945.00     $450.00    $10,350.00    $150.00     $3,450.00
18 MANHOLE CASTING E.J. # 1000 OR EQUAL                  12   EACH   $400.00      $4,800.00    $400.00              $4,800.00    $224.00     $2,688.00      $480.00     $5,760.00 $400.00         $4,800.00     $350.00     $4,200.00    $350.00     $4,200.00
19 MANHOLE, STANDARD, 4' I.D., MO' DEEP                   1   EACH $1,500.00      $1,500.00 $1,600.00               $1,600.00 $1,577.00      $1,577.00    $1,370.00     $1,370.00 $1,450.00       $1,450.00   $2,500.00     $2,500.00 $1,200.00      $1,200.00
20 METER PIT, COMPLETE                                    7   EACH   $900.DD      $6,300.00    $550.00              $3,850.00    $880.00     $6,160.00      $735.00     $5,145.00 $375.00         $2,625.00     $450.00     $3,150.00    $500.00     $3,500.00
21 PAVEMENT PREPARATORY WORK                          24.02   STA    $200.DD      $4,804.00    $300.00              $7,206.00    $246.00     $5,908.92      $110.00     $2,642.20 $210.00         $5,044.20     $230.00     $5,524.60    $300.00     $7,206.00
22   RECONSTRUCT MANHOLE                                  6   VFT    $350.DD      $2,100.00    $100.00                $600.00    $640.00     $3,840.00      $445.00     $2,670.00 $325.00         $1,950.00      $60.00       $360.00    $300.00     $1,800.00
23   REDUCER, 2" X 1" BRASS                               3   EACH   $100.00        $300.00      $50.00               $150.00    $300.00       $900.00       $45.00       $135.00 $115.00           $345.00     S300.DO       $900.00    $100.00       $300.00
24   REMOVING CATCH BASIN                                15   EACH   $450.DD      $6,750.00    $500.00              $7,500.00    $650.00     $9,750.00      $520.00     $7,800.00 $388.00         $5,820.00   $1,500.00    $22,500.00    $300.00     $4,500.00
25   REMOVING CONCRETE CURB                              10   LFT      $12.DO       $120.00       $3.00                $30.00      $5.00        $50.00        $7.50        $75.00    $12.00         $120.00       $6.00        $60.00     $15.00       $150.00
26   REMOVING CONCRETE SIDEWALK                        4506   S FT      $2.DD     $9,012.00       $1.98             $8,921.88      $1.00     $4,506.00        $1.05     $4,731.30     $0.75       $3,379.50       $1.30     $5,857.80      $1.00     $4,506.00
27   REMOVING DRIVE APPROACH                           1056   SYD       $5.00     $5,280.00       $6.00             $6,336.00      $2.00     $2,112.00        $8.75     $9,240.00     $7.00       $7,392.00       $0.60       $633.60     $10.00    $10,560.00
28   REMOVING MANHOLE                                     6   EACH    $500.00     $3,000.00    $700.00              $4,200.00    $500.00     $3,000.00      $660.00     $3,960.00 $465.00         $2,790.00   $1,500.00     $9,000.00    $300.00     $1,800.00
29   REMOVING PAVEMENT INCLUDING CURB                  2430   SYD      $13.50    $32,805.00       $3.00             $7,290.00      $4.00     $9,720.00        $8.85    $21,505.50    $12.25      $29,767.50       $8.00    $19,440.00     $36.93    $89,739.90
30   STORM SEWER, 12" C-76 Cl II!                       614   L FT     $28.00    $17,192.00      $22.00            $13,508.00     $32.00    $19,648.00       $26.50    $16,271.00    $43.00      $26,402.00      $20.00    $12,280.00     $32.00    $19,648.00
31   TAP, 2" WITH VALVE                                   3   EACH    $450.00     $1,350.00    $600.00              $1,800.00    $773.00     $2,319.00      $420.00     $1,260.00 $350.00         $1,050.00     $600.00     $1,800.00    $400.00     $1,200.00
32   TERRACE GRADING                                   2402   L FT     $10.00    $24,020.01 I     $4.80            $11,529.60     $13.00    $31,226.00        $5.50    $13,211.00    $27.00      $64,854.00      $10.50    $25,221.00      $6.00    $14,412.00
33   TRAFFIC CONTROL                                      1   LUMP $15,000.00    $15,000.01l $10,300.00            $10,300.00 $13,384.00    $13,384.00   $16,865_00    $16,865.00 $7,700.00       $7,700.00   $7,500.00     $7,500.00 $11,750.00    $11,750.00
34   WATER VALVE BOX, COMPLETE                            9   EACH    $225.00     $2,025.01 I   $300.00             $2,700.00    $550.00     $4,950.00      $390.00     $3,510.00 $250.00         $2,250.00     $150.00     $1,350.00    $300.00     $2,700.00
35   WATER SERV!CE, 1"1YPE "K" COPPER                   940   L FT     $20.DD    $18,800.01 I    $20.00            $18,800.00     $20.00    $18,800.00       $16.75    $15,745.00    $14.00      $13,160.00      $30.00    $28,200.00     $16.50    $15,510.00
36   WATER SERV!CE, 2" lYPE "K" COPPER                  115   L FT     $30.00     $3,450.01 I    $30.00             $3,450.00     $42.00     $4,830.00       $23.50     $2,702.50    $19.00       $2,185.00      $35.00     $4,025.00     $20.00     $2,300.00

     TOTAL                                                                      $397,189.51 I                I   $344,113.03               $373,622.72                $347,284.55               $416,219.33               $387,085.40              $399,402.72
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          September 12, 2000

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               MORTON TORRENT TO BOURDON




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for MORTON
TORRENT TO BOURDON, and to adopt the attached resolution confirming the special
assessment roll.


FINANCIAL IMPACT:

A total of $35,288.18 will be spread against the Twelve (12) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               Resolution No.     2000-88( e)


                       Resolution Confirming Special Assessment Roll

                  For MORTON BETWEEN TORRENT AND BOURDON



Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on February 8, 2000, 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 (10) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                  FOR MORTON BETWEEN TORRENT AND BOURDON
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:     Shepherd, Sieradzk i, Spataro, Aslakson, Benedict, Nielsen,

          Schweifler

Nays:     None




                                                               City of M~s1jgon                ,

                                               By     ~          a.      K,_,_,._,L,._r
                                                     Gail A. Kundinger, City Cl            k

                                          CERTIFICATE

This resoluti9n was adopted at a meeting of the City Commission, held on September 12, 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 September 12, 2000.




                                               By
                                                      ~ City    ofQ z::,r.
                                                    Gail A. Kundinger, City C         rl
              MORTONBETWEENTORRENTANDBOURDON
               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

                                B~    ~~
                                 FRED ~ELSEN, MAYOR
                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 12 TH DAY OF SEPTEMBER, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT B ffiTRIC~ : (<o-U., .

      All parcels abutting Morton Avenue, East of the easterly right of way line
           of Torrent Street, to the westerly right of way of Bourdon 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 SEPTEMBER 2, 2000.

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 MUSK.EGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF SEPTEMBER,
2000.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
 IJ-t/2 DAY OF 5421:eazbec       , 2000.
~               L). ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES           9-ci? 0--- o,;
A\lirmarive Action
616n24-670J
FAX1724-6790                                       MUSKEGON
Assessor
616n24-67os
FAX1724-6768

Cemetery
616n24-67SJ
                     September 1, 2000
FAxn22-4188

Civil Service
6I6n24-6716
FAxn24-6790                                        West ~UcWgan's Shoreline Qty
Clerk
616n24-67os
                     Property Parcel Number: _ _ _ _ _ at _ _ _ __
FAxn24-6768

Comm. & Neigh.
  Services
616/724-6717           NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
FAX1724-6790

Engineering          Dear Property Owner:
616n24-6707
FAxn24-6790          The Muskegon City Commission has previously approved the project described below and will now
Finance
                     consider final confirmation of the special assessment roll:
616/724-6713
FAxn24-6768                                      Morton Avenue, Torrent Street to Bourdon Street
Fire Dept.
616/724-6792
                                                                 Public Hearings
FAxn24-6985
                     A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Income Tax.
616/724-6770
                     September 12, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
FAxn24-6768          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.
Info. Systems
616/724-6975
FAX/724-6768         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
Leisure Service      CONFIRMED SEPTEMBER 12, 2000 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
616/724-6704
FAxn24-6790          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
Manager's Office     BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
616/724-6724
FAX/724-6790         BE LOST.

Mayor's Office
616/724-6701
FAxn24-6790
                     The final projected cost of the street improvement portion of the project is $118,500.00 of which
Neigh. & Const.      $35,288.18 (29. 78%) will be paid by special assessment to property owners. If the special assessment is
  Services           confirmed, your property will be assessed ___ based on _ _ feet assessable front footage at
616/724-6715
FAX/724-6790
                     $33.40 per assessable foot for the street improvements. In addition, you will be assessed _ _ _ for
                     driveway approach and/or sidewalk improvements made to your property for a total special assessment
Planning/Zoning      cost of___ Following are the terms of the special assessment
616/724-6702
FAxn24-6790
                                                       Assessment Period: Ten (10) Years
Police Dept.                                               Interest Rate: 5% per year
6 I6n24-6750                                                 First Installment: _ _
FAX/721-5140
                                                         Due Date: November 13, 2000
Public Works
616nl4-4l00
FAxnU-4188

Treasurer
616n24-6720
FAX1724-6768

Water Dept.
616n24-6718
FAxn24-6768

Waler Fillration
6t6n24-4106
FAxnSS-5290               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
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 FULL 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 and financial assistance programs available.



Sincerely,


.Jrl,,Jav~             ai3-fl.JJ
Mohammed AI-Shatel, P.E.
City Engineer
                              CITY OF MUSKEGON
                           NOTICE OF PUBLIC HEARING
                    CONFIRMATION OF SPECIAL ASSESSMENT ROLL

                               SPECIAL ASSESSMENT DISTRICT:

                            MORTON TORRENT TO BOURDON
The location of the special assessment district and the properties proposed to be assessed are:

        All properties abutting MORTON BETWEEN TORRENT AND BOURDON

PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at
the City of Muskegon Commission Chambers on SEPTEMBER 12, 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 that has been prepared and submitted for the purpose of said
hearing and for examination 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: SEPTEMBER 2, 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
                                 (231) 724-6705 of TDD (231) 724-6773
                                    CITY OF MUSKEGON

                                 Resolution No.      2000-25 ( c)


              Resolution At First Hearing Creating Special Assessment District
                       For MORTON, TORRENT TO BOURDON

                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on FEBRUARY 8, 2000 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held FEBRUARY 8, 2000, there were 33 31¾ objections by the owners
     of the property in the district registered at the hearing either in writing received before or
     at the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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 property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

I.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners          Sieradzki                       and        Shepherd
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 17.78% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes     Nielsen, Schweifler, Shepherd, Sieradzki. Spataro. Aslakson,


       Nays._--'-'-'-ll.l.!O.-------------------------




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 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.

                                                    CITY OF MUSKEGON
                                         EXIHBIT A

                    Morton Avenue, Torrent Street to Bourdon Street
                         SPECIAL ASSESSMENT DISTRICT

   All properties abutting Morton Avenue from Torrent Street to Bourdon Street




S:IDATAIENG!NEERINGIKIRSCH\2000\H 1218
                Morton A venue
                                                                                     {
                                                                      IO
         Torrent Street to Bourdon Street

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     I
                                                            CITY OF MUSKEGON
                                                           MORTON AVENUE H-1218
                                                 REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Nii'te:· Yo,J:ma··'re~ive'ih1'§'1fr'""iication's~'e'tir~wllfi1t11ve.
 ',;,,,-,-:  .,,,,._lV,~"Jl>-,"if'~•-C.<((,.!J:<!r~~'.,,;-.;,*~'/·P.~,,,_,_. u.,,,,,,.._..,,"-"'''~:.........~!Mi,e,•..i,;c-.,!:t~~~J.!. '
              ·"'   • ct¥,'"''                                                                                                                                   ~~~'f./,;;;,-.,,.,,


Dear Resident:
      The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
      replacement program. City ordinances require that property owners be responsible for the repair/replacement
      of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
      paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
      Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
      qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓        Applicants must submit proof that their total household income does not exceed 65% of Area Median
         Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
         2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
         income.
                                                              2000
                                                                         , . ··c;,·,\ , ... ,· ';'-; :fJYc:·- .-       , '•>'0:IS_-~;:'i: ·;;-,;:"•41:!l,V'•:;,j,;}J,-:::. ·   ,.,..•)'.;
                                                                 65% MEDIAN HOlJSEHOLD:>:;INCOME
                                                                                   <         -·-' -~,-   • '   •
                                                                                                                  CHART
                                                                                            :·.-_,,:,_; . •'.-',~-•-. ·-'
                                                                                                                   •      .,
                                                                                                                           .,,,;
                                                                                                                                                                                       ,t

                                                                     FAMILY SIZE                                                   INCOME LIMIT
                                                                                       I                                                        $22,800
                                                                          2                                                                      26,040
                                                                           3                                                                     29,340
                                                                          4                                                                      32,580
                                                                           5                                                                     35,160
                                                                           6                                                                     37,800
                                                                           7                                                                     40,380
                                                                           8                                                                     43,020
                                                                  For each extra, add                                                             3,240


✓         Applicants must submit proof that they both own and occupy property at the time of application; Land
          Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
          a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
          document showing both your name and address.

✓         Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficier
documentation. Sidewalk repairs must be completed by the City ofMuskegon. Costs incurredfrom repairs done by a private contractor orb.
doing them yourself, will not be reimbursed
         NAME:
                            -------'----~---                                                           BIRTHDATE:. -~'-' ~ :·•·,'·-' ·: ·. ·.. ·.:
                                                                                                                                                           . '-.~    ·1 .
         SPOUSE'S NAME:. _ _...,;___ _ _ _ _ BIRTHDATE:--.:..'·'------':.....

         ADDRESS: _ _ _ _ _ _ _ _ __                                                                   PHONE:.~··'---'-----

         NUMBER OF UNITS: _ _ _ PARCEL#:. _ _ _ _ _ PLATE#:                                                                                                         ·: ,:·--   .
         (Single family or# of Apts) (If known)     (If known)

         ETHNIC CLASS: _ _ _ _ _ _ _ _ _ MARITAL STATUS:._ _ _ __
     (Asian, Black, Hispanic, Native American, White, etc)                                                                      (Married, Single, Divorced, Widowed, Separated)
                                                                                                                                            '..


     HANDICAPPED:( )Yes ( )No                             FAMILY,~IZE:.,..;..._ _ _ __
     (Are you or your spouse legally handicapped or disabled?)            people living in household)                      (Number of

         MONTIIl,Y HOUSEHOLD INCOME:                                                     $._ _ _ _ SOURCE: _ _ _ _ __
     (Must include all household income)
                                                                                                                          SOURCE: _ _ _ _ __

                                                                                                                          SOURCE: _ _ _ _ __

                                                                             Total:      $._ _ __                         OTHER: _ _ _ _ __
    .                  --        ..     ' -
I                       .
I              .        •


         OWNERSHIP:                             ( ) DEED                      ( ) MORTGAGE                           ( ) LAND CONTRACT

         HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE:. _ __

         PROPERTY TAXES: ( ) Current                                                  ( ) Delinquent                        Year(s) Due (if any) _ _
.r .. ···- . . ..                                                           . --
    ,.     •       •         t           •                                      JI                      • •
    ....~-~--.-.-!...._.                ·-                                      -                                                                     ..
         OWNER'S SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ Date:_ _ _ __
         By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
         information in this application, and                         all
                                                 information furnished in support of this application, is true and complete to the best of the
         Applicant/Owner's knowledge and belief. The property own~s s i ~ will l!e required prior to the application beiq processed
    ·~---....
     ,' , ,I.._,,..
     ..   ~-""·• ' .                                                            ...

    l-- ...;:,.,•:,
         ~~
           '- i•-~--

           '"'~ ....
                        #'




         APPROVED ( )                                DENIED ( )                           '
                                                                                       DATE·,; ...•. ·•:r.~sUSTRACTNO. _ __
                                              :-~,._;. • • - :_, i ·•·.. : :-r•-.
                                                                                                                 0


                                                                                                  ·-· ·..;·{' 1(: ;;1;'.}u.;·.·                                • · ·.1.; _ ~;,_ -·'    -,:-+
         STAFF SIGN.ATURE _::~___;,-=----'--'---,--=--.:...·..:,,'"..:.;',·TITI,E _ _ _ _ _ _ _ :,ir.o·, ,.-                                                                          ·. :, ; f


         COMMEl'ffS/REMARKS . . .. , .• ·                                                   ·. -.: ..... ,,......".\. .... ~ .., .. ; ...... ,1, ..
                                                             '.
                                                                                      *'ATTENTION APPLICANT** :                                              ', '-"·:;,••·;" •·
                                      Please see reverse side for instructions on providing proof of income; ownership, insurance, and property taxes.
                         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.
                                                                 H-1218
                                         Morton Avenue, Torrent Street to Bourdon Street
                                               SPECIAL ASSESSMENT ROLL
                                                                                                                    DR APP
PARCEL                @                                                                                  PAVING         /SW      TOTAL

24-777-002-0001-00    2209    ESTES ST   BOWMAN VICKI H       2209 ESTES         MUSKEGON    Ml 49441   $2,070.80     $0.00   $2,070.80


24-777-001-0001-00    1761    MORTON A FELLOWS CHAD M         1761 MORTON AVE    MUSKEGON    Ml 49441   $2,077.48   $801.48   $2,878.96


24-235-002-0017 -00   2192    TORRENTS FURST JOANNA M         2192 TORRENT ST    MUSKEGON    Ml 49441   $2,084.16 $1.439.94   $3,524.10


24-235-001-0017-00    2192    BLODGETT GAHAN M/DECKER J II    2192 BLODGETT      MUSKEGON    Ml 49441   $2,070.80   $851.69   $2,922.49


24-295-000-0013-00    2192    ESTES ST   MARTINEAU STEVE J    10364 DUTCH SETTLE MARCELLUS   Ml 49067   $2,070.80   $831.84   $2,902.64


24-777-003-0030-00    2208    TORRENTS MERCURIO SANDY/BLOD 2208 TORRENT ST       MUSKEGON    Ml 49441   $2,084.16 $1,089.21   $3,173.37


24-777-003-0001-00    2207    BLODGETT NOSES WILLIAM          2207 BLODGETT ST   MUSKEGON    Ml 49441   $2,070.80 $1,063.29   $3,134.09


24-235-002-0016-00    2191    BLODGETT ROLLIN JAYNE ET AL     2191 BLODGETT ST   MUSKEGON    Ml 49441   $2,070.80   $570.00   $2,640.80


24-295-000-0012-00    2191    BOURDON    SELBY SCOTT A        2191 BOURDON       MUSKEGON    Ml 49441   $2,077.48   $612.02   $2,689.50


24-235-001-0016-00        0   ESTES ST   SHUNTA DANIEL        2187 ESTES         MUSKEGON    Ml 49441   $2,070.80   $737.22   $2,808.02


24-777-002-0029-00    2214    BLODGETT SIMON JEFFREY/KOWAL    2214 BLODGETT STR MUSKEGON     Ml 49441   $2,070.80   $977.06   $3,047.86


24-777-001-0030-00    2208    ESTES ST   WOHLFARD SCOTT A/LIS 2208 ESTES         MUSKEGON    Ml 49441   $2,070.80 $1,424.75   $3,495.55




                                                                                                                                  ----- -
                                          H-1218
                  Morton Avenue, Torrent Street to Bourdon Street
                       SPECIAL ASSESSMENT ROLL
                                                                                            DR APP
PARCEL   @                                                                        PAVING      /SW        TOTAL


         TOTALS                                                                $24,889.68            $35,288.18

                                           PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT


                                  BOARD OF ASSESSORS



                       CLIFF TURNER DIRECTOR, COUNTY EQUALIZATION   DATE



                        SCOTT SEIRADZKI                             DATE



                        CLARA SHEPHERD                              DATE
Date:      August 22, 2000
To:        Honorable Mayor and City Commissioners
From:      Inspection Services Department
RE:        Dangerous Building Ordinance




SUMMARY OF REQUEST: To adopt the ordinance, which is meant to
clean up the dangerous buildings procedure. The procedure has proven
to be somewhat cumbersome and troublesome in circuit court. This will
give us a better chance in circuit court to overcome due process
difficulties.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To adopt the ordinance.
                                                            law offices of          PARM ENTER O'TOOLE
                                                        175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                              Phone 231.722.1621 • Fox 231.722.7866 or 728.2206




                     July 18, 2000

                                                                                                                                      RECEIVED
                                                                                                                                      JUL 1 9 2000
                     Ms. Gail A. Kundinger
                     City Clerk                                                                                                 City Clerks
                     City Hall                                                                                                                       Office
                     Muskegon,MI49443-0536

                     Re:              Dangerous Building Ordinance
                                      Our File 100-182(18)

                     Dear Gail:

                     Enclosed is a proposed Ordinance which is meant to clean up the Dangerous Buildings
                     procedure. The procedure has proven to be somewhat cumbersome and troublesome in circuit
                     court. This will give us a better chance in circuit comt to overcome due process difficulties.

                     This matter has been worked on with Bob Grabinski for several weeks. He has new forms all set
                     to go if this ordinance is passed. If there are any questions, please let me know.

                     Very truly yours,


                  1.Th~
                     Direct Dial: 231/722-5400
                                                        <;f-/~
                     E-mail: gtj@parmenterlaw.com

                     GTJ/mmf

                     Enclosure

                     cc:              Mr. Bryon L. Mazade
                                      Mr. Bob Grabinski




                       G. Thomas Johnson       John C. Schrier         Ja mes R. Scheuerle   O/Co1111sr./        Reti,rd               Poul T. Sorensen
                       George D. Van Epps      Christopher L. Kelly    Keith L. McEvoy       Thomas J. O'Toole   Robert L. Forsythe    1920-1966
                       John M. Briggs, Ill     Lindo S. Kaore          Anna K. Urick         Eric J. Fauri       Arthur M. Rude        George A. Parmenter
                       Michael L. Rolf         Philip M. Steffan       Scott R. Sewick                                                 1903-1993
                                                                                                                 Herold M. Street
                       George W. Johnson       William J. Meier        Jennifer L. Hylland                                             Cyrus M. Poppen
                       W. Brod Groom                                   Jeffery A. Jacobson                                             1903-1996

                               •
H:\LIBlEDSl\00100\018218\LTR\071 00
                                                                law offices of         PARMENTER O'TOOLE
                                                           175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                                 Phone 231.722.1621 • Fox 231.722.7866 or 728.2206




                       August 11, 2000

                       Mr. Robert B. Grabinski
                       Inspection Department
                       City of Muskegon
                       Muskegon, MI 49440

                       Dear Bob:

                      Enclosed please find a copy of the revised ordinance draft and the forms which contain several
                      revisions. I think these are clearer and should take care of the problem you raised in your voice
                      mail while I was gone. In essence, we are still starting out with an order to repair or remove.
                      Only one of the alternatives would be checked. If we deliver an order to repair and they fail to
                      take out the permits or commence within 30 days we would give them the second notice which is
                      a notice to go to the building board of appeals for demolition. You see that on the notice of
                      hearing to the building board of appeals it now provides for the opportunity to repair but the
                      HBA is in charge.

                      Then you see that the HBA may either order to demolish or order to demolish with the repair
                      opportunity. In either case, the only thing that goes to the city commission is a request to
                      demolish, in the first case after a failure to demolish, in the second case after botching the
                      opportunity to repair.

                      The search warrant forms are not changed.

                Please let me know if there are any problems. Gail will have this early in the week of August 14
                when you are back. I assume she will check with you to see whether you are ready to go to
              ~ s i o n with the ordinance. The forms don't have to be presented to the commission.

        ~ry                       trf ly yours,

                      G.          bon
                      D' ect Dial: 231/722-5400
                       -mail: gtj@parmenterlaw.com
                      GTJ/mmf
                      Enclosures

                      c:                Gail A. Kundinger (w/o encls)               ✓


                         G. Thomas Johnson        John C. Schrier         James R. Scheuerle    Of Counstl         R,1;nd               Paul T. Sorensen
                        George D. Von Epps        Christopher L. Kelly    Keith l. McEvoy       ThomasJ. O'Toole   Robert L. Forsythe   1920.1966
                        John M. Briggs, Ill       Linda S. Kaare          Anno K. Urick         Eric J, Fauri      Arthur M. Rude       George A Parmenter
                        Michael L. Rolf           Phillp M. Staffon       Scott R. Sewlck                                               1903-1993
                                                                                                                   Harold M. Street
                        George W. Johnson         William J. Meier        Jennifer L. Hyllond                                           Cyrus M. Poppen
                                                                          Jeffery A. Jacobson                                           1903-1996
                        W. Brod Groom

H\J.JBIEOSl\00100\016218\L ffi\081100
                                                             low offices of         PARMENTER O'TOOLE
                                                        175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                              Phone 231.722.1621 • Fax 231 .722.7866or728.2206




                     August 11, 2000


                     Ms. Gail A. Kundinger
                     City Clerk
                     City of Muskegon
                     P.O. Box 536
                     Muskegon,MI 49443-0536

                     Dear Gail:

                     At Bob Grabinski's request I have made changes in the ordinance and the notice of adoption for
                     the dangerous building ordinance. I would appreciate your substituting these for the ordinance
                     and n · e previously sent and placing it on the agenda at the appropriate time.




                     G.T om~          on
                     Dir ct Dial: 231/722-5400
                     E ail: gtj@pam1enterlaw.com

                     GTJ/mmf

                     c:               Robert B. Grabinski (w/encl)




                       G. Thomos Johnson       John C. Schrier         James R. Scheuerle     O/Co1111scl         Retired              Paul T. Sorensen
                       George D. Van Epps      Christopher L. Kelly    Keith L. McEvoy        Thomas J. O'Toole   Robert L. Forsythe   1920-1966
                       John M. Briggs, Ill     Linda S. Kaare          Anna K. Urick                              Arthur M. Rude       George A. Parmenter
                                                                                              Eric J. Fauri
                       Michael L. Rolf         Philip M. Staffon       Scott R. Sewick                                                 1903-1993
                                                                                                                  Harold M. Street
                       George W. Johnson       William J . Meier       Jennifer L. Hylla nd                                            Cyrus M. Poppen
                                                                                                                                       1903-1996
                       W. Brad Groom                                   Jeffery A. Jacobson

H:\UB\EOSl\00100\016218\LTR\081 100
                                      CITY OF MUSKEGON

                                      ORDINANCE NO. 2032

An Ordinance amending the City of Muskegon Ordinances concerning procedures in dangerous
building cases.

        THE CITY OF MUSKEGON HEREBY ORDAINS:

       Section 4-24 of the Code of Ordinances concerning proceedings, notices and orders in
dangerous building cases is amended in the following respects:

        1.     Section 4-24(b)(3) is amended to read as follows:

                               (3) A statement of the action required to be taken as determined by
                                   the building official:

                                       a. If the building official has determined that the building
                                       or structure must be repaired, the order shall require that all
                                       required permits be secured therefor and the work
                                       physically commenced within thirty (30) days from the date
                                       of the order and completed within the time limits of the
                                       building permit, which limits, for dangerous buildings,
                                       shall be determined by the building official, taking into
                                       account the condition of the building or structure, but not to
                                       exceed one year.

                                       b. If the building official has determined that the building
                                       or structure must be vacated, the order shall require such
                                       vacation within a reasonable time certain from the date of
                                       the order.

                                       c. If the building official determines the building must be
                                       demolished (removed) the order shall state the date by
                                       which removal must be accomplished.

       2.      Section 4-24( c) is amended to read in its entirety as follows:

                       (c)    Noncompliance. Where an order under this section is not complied
               within the time specified, the City shall institute proceedings to repair or demolish
               (remove) the strncture. Said proceedings shall be as follows:

                              (1) a hearing before the housing board of appeals shall be
                       scheduled;

G:ICOMMON\5\GTJ\C-DANGIC-REP-VA.ORD
                                (2) notice of the said hearing shall be sent by certified mail to all
                        owners shown on the tax assessment records, the holder of a recorded
                        mortgage, a tenant under any written lease which has been recorded, any
                        principal occupant and any owner otherwise known to the City, such as
                        Land Contract vendors and vendees (all called herein "interested
                        persons").

                                 The notice shall specify the time and place of the hearing, and
                notify all interested persons that they shall have the opportunity to show cause
                why the structure should not be demolished or repaired.

                                 The notice shall be mailed at least IO days before the hearing date.
                Personal service may be used in lieu of certified mail. In all cases a copy of the
                notice shall be posted upon a conspicuous part of the structure and shall constitute
                notice to all interested persons.

       3.    Section 4-25, regarding proceedings before the Housing Board of Appeals and
City Commission shall be amended to read as follows:

                Sec. 4-25. Hearings.

                       The Housing Board of Appeals shall take and record testimony of the
               inspection personnel, the owner of the property and any interested party. The
               Housing Board of Appeals shall make written findings of fact and conclusions
               concerning the applicability of the ordinance and render its decision, either
               dismissing the proceedings, ordering the building to be demolished or providing
               for an opportunity to repair or demolition.

                       If it is determined by the Housing Board of Appeals that the building or
               structure should be demolished, it shall so order, recommending a time or times
               to comply after City Commission final action. The Housing Board of Appeals
               may enter a conditional order giving an opportunity to repair, simultaneously
               ordering demolition if repairs are not timely accomplished.

                       A copy of the findings and order of the Housing Board of Appeals shall
               forthwith be served on the owner and other interested parties in the manner set
               forth in section 4-24.

                        Following such determination by the Housing Board of Appeals, it shall
               file a written report of its findings and its order with the City Commission for the
               City of Muskegon and request that the City Commission review and concur with
               its decision.



G:ICOMMON\5\GTJ\C-DANG\C-REP-VA.ORD
                        If demolition is ordered, or if the interested party or parties fail to comply
                with the requirements of an Opportunity to Repair, the City shall issue a notice
                giving the date and time the matter is to be heard by the City Commission and
                serve same on all interested parties at least 10 days prior to the hearing and in the
                manner provided in section 4-24.

                         City Commission Hearing. At the City Commission hearing, the owner
                 or other interested persons shall be given the opportunity to show cause why the
                 structure(s) should not be demolished but repaired, and the City Commission shall
                 either approve, disapprove or modify the order of the Housing Board of Appeals.
                After the hearing, the order of the City Commission shall be served on the owner
                and all interested parties in the manner provided in section 4-24. The City
                Commission may require a deposit of funds adequate for demolition in the event it
                allows an interested person to repair, and it may determine and attach any
                conditions to the permit. Any permit issued by the City in a dangerous building
                case shall be limited in time for completion during a period reasonably determined
                by the City, taking into account the condition of the building or structure, but not
                to exceed one year.

                       In the event the owner or other interested parties fail to comply with the
               order of the City Commission within the time limited or as conditioned, the City
               may cause the building or structure to be demolished or repaired first utilizing any
               funds deposited. The cost (in excess of the deposit) of the demolition or repair
               shall be collected by the City in the manner following:

               An interested party shall be notified of the amount of such costs by first class
               mail; if he or she fails to pay within 30 days after the mailing of the notice, the
               City may recover the costs from the owner, owners or person interested as a
               personal obligation by filing an action for recovery in the courts. The City may
               further, or alternatively, add the premises to the next tax roll of the City and
               collect the costs in the same manner in all respects as provided by law for the
               collection of taxes. Defendants in the personal action, if any, shall receive credit
               for all amounts collected through the tax collection procedure, but shall be liable
               for any uncollected amounts. In the event the City collects through the personal
               action any amount of the costs incurred, the tax lien shall be thus reduced .
                        (Ord. No. 931, § 1, 6-10-86; Ord. No. 1074, § 1, 5-24-94)

       4.      Section 4-27 concerning penalties is amended to read as follows:

               Sec. 4-27. Rights of action under this article aud penalties for violation.

                       Any violation of this ordinance concerning dangerous buildings shall
               constitute a civil infraction. The foregoing shall not preclude the City from


G:\COMMON\5\GTJ\C-DANGIC-REP-VA.ORD
                     making application to a court of competent jurisdiction for equitable or injunctive
                     relief

           5.        Section 4-28 concerning appeals to Circuit Court is amended to read as follows:

                     Sec. 4-28. Appeal from City Commission Order; Petition for Writ of
                     Superintending Control.

                                  An owner or interested person aggrieved by any final decision or order of
                     the City Commission may appeal the decision or order to the Circuit Court for the
                     County of Muskegon by filing a petition for an order of superintending control
                     within 21 days from the date of mailing of the City Commission decision. The
                     order of the City Commission shall be stayed pending the outcome of all court
                     proceedings if a petition is timely filed.

This ordinance adopted:

        Ayes: _S--'-p-'a"-t---"a_ro"-,'--A_;.s_l--ak-'s'--'o__n_,_,_B_e_n"""e_d_i_ct__,_,_N_i_;.e_ls--e_n.....,_,_S_ch_w_e_i_f_l_er__,_,_S_h_e_,_ph_e_r_d_ _
        Nays:__S_ie_r_a_d_z_k_i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __

Adoption Date: __
                9_-1_2_-_0_0_ _ __ _ __

Effective Date:            9-29-00
                     -----------
First Reading: __8_-_2_2---_o_o_ _ _ _ _ __

Second Reading: _9-_1_2_-_oo_ _ _ _ _ __
                                                                                    CITY OF MUSKE~

                                                                                    By:     LG.                                              ~
                                                                                    Gail A. Kundinger, CityClerk

                                                                CERTIFICATE

        This ordinance was adopted at a meeting of the City Commission, held on
  12th of September               , 20__lliL_. 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 MUSKEG~N/

                                                                                   By:        L
                                                                                   Gail A,Kundinger, City Clerk
                                                                                                               Q,--K,_,_.__~d,;_,
Publish:              Notice of Adoption to be published once within 10 days of final adoption.

G:\COMMON\5\GTJ\C-DANG\C-REP-VA.ORD
                                      NOTICE OF ADOPTION


      PLEASE TAKE NOTICE that on           September 12          , 20_QQ_, the City
Commission of the City of Muskegon passed an ordinance amending the Dangerous Building
Code of the City. The amendments are procedural in nature and are summarized as follows:

        1.      Sec. 4-24(b)(3). This section, concerning permits issued if a dangerous building
is ordered repaired, now limits the time a building permit for a dangerous building will be valid
to one year or such shorter time the building official deems reasonable, considering the condition
of the building.

        2.      Sec. 4-24(c). The procedure, including notice before the Housing Board of
Appeals, provides a hearing before the Housing Board of Appeals in the event of the failure to
comply with repair or demolition orders of the City. There are provisions regarding notice and
the interested persons to whom notice must be sent.

       3.       Sec. 4-25. Hearing, testimony, appeal, etc. The procedures after the Housing
Board of Appeals hearing are simplified. The ordinance provides that after decision of the
Housing Board of Appeals, its order and decision shall be placed before the City Commission
with notice to interested persons. The City Commission may concur in the Housing Board of
Appeals' decision, disapprove, or modify the decision.

               There is a provision for filing a petition for an order of superintending control
before the circuit court by an interested person aggrieved by the City Commission's final
decision. Upon filing any such petition, any City order regarding demolition is stayed.

               Full copies of the said ordinance amendments are on file and may be viewed and
purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street,
Muskegon, Michigan, during regular business hours.

        This ordinance amendment is effective ten (10) days from the date of this publication.

                                              CITY OF MUSKEGON

Published _S_e~p_t_e_m_b_er_·l_9_, 2000       By_ _ _ _ _ _ _ _ _ _ _ _ _ __
                                              Gail A. Kundinger, Its Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE.




G:\COMMON\5\GTJ\C-DANG\C-REP-VAORD
                                                    TABLE OF CONTENTS


                 1.         Ordinance Amendment

                 2.         Notice/Order from Inspector

                 3.         HBA Notice of Hearing

                 4.         HBA Order to Demolish

                 5.         HBA Order to Repair or Demolish

                 6.         Notice of Hearing before City Commission if Repair Not Accomplished

                  7.        City Commission Determination and Notice (where concurs with demolition)




G.ICOMMON\5\GT Ni-27 .MMF
                                      CITY OF MUSKEGON

     NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE


Address of the Property:
                                Muskegon, Michigan

Description of the Structure:


TO:
       [Name of Owner]


       [Address of Owner)




       [Names of Other Interested Parties]           [Addresses]

        The Building Inspection Department of the City of Muskegon has determined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of
the Dangerous Buildings Ordinance of the City.

        You are hereby notified that the City will proceed to demolish or cause the demolition
and removal of the said structure unless you accomplish the actions indicated below within the
time limits indicated (only one to be checked):

I.                    Obtain the issuance of all permits required to accomplish the repair of the
                      structure defects listed in the attached schedule within 30 days of this
                      notice. All repairs shall be accomplished within the times set forth in the
                      permits. All work must be physically commenced within 30 days of the
                      date of this notice.

2.                    Obtain the issuance of the appropriate permit for the demolition of
                      structures within 30 days, and accomplish the demolition thereof within
                      60 days of this notice.

       The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.



G:ICOMMON\5\GTJ\C-DANGIC-REP-VA.NOT
                                      FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with the above, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the
purpose of enforcing this notice and order and instituting City action to remove the structure.
You will receive notice of that hearing. You may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire. You will have
the opportunity to show cause why the structure shall not be ordered demolished.

                                       CITY OF MUSKEGON INSPECTION DEPARTMENT

                                       By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                                                               Position

                                       Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                               SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at _ _ _ _ _ _ _ _ _ _ ___,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.




                                       CITY OF MUSKEGON INSPECTION DEPARTMENT

                                       By_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ c _ _

                                                                          Position

                                       Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

              (Detailed records of inspections are attached for further information.)




G:\COMMON\5\GTJ\C-DANG\C-REP-VA.NOT
                               AFFIDAVIT OF MAILING AND POSTING

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       _ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she mailed the Notice and Order to
Repair or Demolish, dated                                 , 20_ _, the structure at _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ , Muskegon, Michigan, to the following persons by certified mail, addressed to
each of them at their last known address or the address shown on tax records. The said mailing occurred on
- - - - - - - - - - ' 20_~•

TO:
       [Name of Owner]


       [Address of Owner]




       [Names of Other Interested Parties]        [Addresses]


      The undersigned further states that the structure at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Muskegon, Michigan, was posted with a copy of the said notice on _ _ _ _ _ _ _ _ _ _ _ _ , 20 _ _ .




Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ , 20__ .



Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __




       G:\COMMON\5\GTJ\C-DANG\C-REP-VANOT
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                      NOTICE OF HEARING

Address of the Property:
                                Muskegon, Michigan

Description of the Structure:


TO:
       [Name of Owner]


       [Address of Owner]




       [Names of Other Interested Parties]           [Addresses]

        Please take notice that on _ _ _ _ _ _ _ _ _ , 20__, the City of Muskegon
Housing Board of Appeals will hold a hearing at _ _ _ _ _ _ _ _ _ _ _ at _ _ _ __
o'clock p.m, and at the said hearing consider whether or not the following structure should be
detem1ined to be dangerous and demolished, or demolished after an oppmiunity to repair.

       The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on _ _ _ _ _ _ _ _ _ _ _ _, 20_ _ .

       At the hearing on _ _ _ _ _ _ _ _ _ _ _ , 20 _ _ , at _ _ o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if
you desire, to show cause why the structure should not be allowed or ordered demolished.

                                       CITY OF MUSKEGON INSPECTION DEPARTMENT,
                                       ON BEHALF OF THE HOUSING BOARD OF APPEALS

                                       By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                                                               Position



G:\COMMON\5\GTJ\C-DANG\C-REP-VA.NO2
                       AFFIDAVIT OF SERVICE OR MAILING OF

       NOTICE OF HEARING BEFORE THE HOUSING BOARD OF APPEALS


STATE OF MICHIGAN
COUNTY OF MUSKEGON

        _ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or mailed
by certified mail a copy of the above Notice of Hearing before the Housing Board of Appeals
the owners and interested parties set forth in the notice, the said notice dated _ _ _ _ _ _ __
_ , 20_, by certified mail. The date of mailing was _ _ _ _ _ _ _ _ , 20__ . The
date of personal service (if any) w a s - - - - - - - - - ~ 20__ . Personal service was
made on the following persons:




Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ , 20__ .



Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __




G:\COMMON\5\GTJIC-DANGIC-REP-VA.N02
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS


                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on _ _ _ _ _ _ _ _ _ _ _ , 20_, does hereby order that the following
structure(s) located at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon the evidence
before the Board of Appeals, to be dangerous, substandard and a public nuisance.

                                  [Description of the structure(s)]

        The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is made, by
the City Commission. Demolition shall be accomplished no later than 60 days after a
concurrence by the City Commission.

        The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.

                    NOTICE TO OWNER AND INTERESTED PARTIES

        Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director of Inspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission ha~
considered the record and this order, and has concurred.

       The City Commission may concur with this order, or disapprove or modify the order.

                                              FOR THE HOUSING BOARD OF APPEALS:


                                              [Chairperson] or [Member]

                                              Dated: _ _ _ _ _ _ _ _ _ _ _ _ , 2000


G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N03             -I-
               NOTICE OF HEARING BEFORE THE CITY COMMISSION

TO:     All owners and interested parties:


        [Name of Owner]


       [Address of Owner]




       [Names of Other Interested Parties]            [Addresses]

       The City Commission will hold a hearing on _ _ _ _ _ _ _ _ _ , 20__ , to
consider the above decision of the Housing Board of Appeals. You may appear at the hearing on
_ _ _ _ _ _ _ _ _ _ _ , 20_, at _ _ _ _ p.m., at the Muskegon City Hall,
933 Tenace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant
evidence and arguments concerning the decision to demolish the above structures.

                                      CITY OF MUSKEGON INSPECTION DEPARTMENT,
                                      FOR THE HOUSING BOARD OF APPEALS

                                      By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                                                        Position

                                      Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2000




G:ICOMMON\5\GTJ\C-DANG\C-REP-VA.N03          -   2-
                          AFFIDAVIT OF SERVICE OR MAILING

STATE OF MICHIGAN
COUNTY OF MUSKEGON

        _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or mailed
by certified mail a copy of the attached order for demolition entered by the Housing Board of
Appeals with notice of City Commission hearing to the owners and interested parties set forth in
the order, the said order dated _ _ _ _ _ _ _ _ _ , 20_, by certified mail. The date of
mailing was _ _ _ _ _ _ _ _, 20__ . The date of personal service (if any) was
_ _ _ _ _ _ _ _ _ _, 20__ . Personal service was made on the following persons:




Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ _, 20



Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __




G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N03
                             CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS


                            ORDER TO REPAIR OR DEMOLISH


Address of the Property:
                               Muskegon, Michigan

Description of the Structure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


TO:
       [Name of Owner]


       [Address of Owner]




       [Names of Other Interested Parties]            [Addresses]



                                 OPPORTUNITY TO REP AIR


        The Housing Board of Appeals of the City of Muskegon has found that the abov~
structures are dangerous or substandard buildings and a public nuisance. However, it is
determined that the buildings are repairable, provided that permits are applied for and repairs
performed in a timely fashion. Therefore, it is ordered that the owner or interested parties shall
apply for all permits required to accomplish the repairs of the conditions found in the schedule
and record attached to this order within 30 days from the date of this order. All repairs shall be
accomplished in the time limited by the permits issued relevant to the said repairs, and physical
repair must be commenced within the said 30 days.




G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N04             -I-
                          AFFIDAVIT OF SERVICE OR MAILING

                          ORDER TO REP AIR OR DEMOLISH

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       _ _ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or
mailed by certified mail a copy of the attached Order to Repair or Demolish entered by the
Housing Board of Appeals to the owners and interested parties set forth in the order, the said
order dated _ _ _ _ _ _ _ _ _ _ , 20__ , by certified mail. The date of mailing was
_ _ _ _ _ _ _ _ _ _ _ , 20_, The date of personal service (if any) was
-----------
                              , 20__ . Personal service was made on the following persons:




Subscribed and sworn to before me this
_ _ _ day of _ _ _ _ _ _ _ , 20



Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __




G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N04
                     FAILURE TO COMPLY -DEMOLITION ORDER

                   TO BE SUBMITTED TO THE CITY COMMISSION

        In the event the owners or interested parties fail to apply for all permits required to
effectuate the said repairs or fail to commence physical repair within 30 days, then the above
order of the Housing Board of Appeals shall constitute an order to demolish the said structure.

        In such case, the Director oflnspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City Commission
with the decision of this board for demolition, and, further, to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission.


                                      CITY OF MUSKEGON
                                      HOUSING BOARD OF APPEALS

                                      By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                      _ _ _ _ _ _ _ _ _ _ _ _ ,Its _ _ _ _ _ __
                                                                           Position

                                      Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 20_




G:\COMMON\5\GTJIC-DANG\C-REP-VA.N04           •   2-
                                       CITY OF MUSKEGON


             NOTICE OF HEARING BEFORE THE CITY COMMISSION
          AFTER FAILURE TO COMPLY WITH OPPORTUNITY TO REPAIR,
                  AND SEEKING DEMOLITION AND REMOVAL

Address of the Property:
                               Muskegon, Michigan

Description of the Structure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


TO:
        [Name of Owner]


        [Address of Owner]




        [Names of Other Interested Parties]         [Addresses]

       On _ _ _ _ _ _ _ _ _ , 20__ , the Housing Board of Appeals ordered an
Opportunity to Repair the above structure, which required the issuance of appropriate permits
within 30 days of that order and the commencement of physical repair within the said 30 days.

        You have not satisfied the requirements for repair set forth in the Order of the Housing
Board of Appeals; therefore, the order of the Housing Board of Appeals constitutes an order to
demolish and remove the structure(s). You are hereby notified that on _ _ _ _ _ _ _ _ _,
20_, at _ _ o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, the City Commission will hold a hearing to determine whether to concur with the
Housing Board of Appeals decision to demolish and remove the structure. You may appear at
that time to show cause why the structure should not be demolished. You are entitled to have
counsel of your choice present, if you desire. City Commission may concur in demolition, or
disapprove or modify the Housing Board of Appeals decision.

                                        CITY OF MUSKEGON INSPECTION DEPARTMENT
                                       By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                       _ _ _ _ _ _ _ _ _ _ _ _ ,Its _ _ _ _ __



G:ICOMMON\5\GT J\C-DANGIC-REP-VA.N05
                  NOTICE OF CITY COMMISSION DETERMINATION


Address of the Property:
                                Muskegon, Michigan

Description of the Structure:


TO:
       [Name of Owner]


       (Address of Owner]




       [Names of Other Interested Parties]           [Addresses]


       Please take notice that on _ _ _ _ _ _ _ _ _ _ , 20__ , the City Commission
determined to concur with the order of the Housing Board of Appeals to demolish the above
stmcture. You are hereby notified that, unless you obtain the issuance of the appropriate
demolition permit and demolish the structure within 30 days, the City shall enter upon the
property and demolish the said structure.

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the date of mailing of this notice.

                                      CITY OF MUSKEGON INSPECTION DEPARTMENT

                                      By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                                                            Position




G:\COMMON\5\GTJ\C-OANG\C-REP-VA.N06
                                   AFFIDAVIT OF MAILING

        _ _ _ _ _ _ _ _ _ _ _ _ _ , being duly sworn states that he/she mailed the
above notice to the persons named therein at their last known addresses by certified mail. The
said notice was deposited in the United States mail, postage prepaid, on
- - - - - - - - - - - - ' 20__ .



Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ _, 20__




Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __




G:\COMMON\5\GT J\C-DANG\C-REP-VA.N06
Date:     July 26, 2000
To:       Honorable Mayor and City Commissioners
From:     Ric Scott   ;fi;:ff
RE:       Lighthouse Park


SUMMARY OF REQUEST:
The Beachwood/B1ufton Neighborhood Association has
requested that the property within Pere Marquette that
is across from E11iot Park be named Lighthouse Park with
appropriate signage


FINANCIAL IMPACT:
                                 /
None, except the cost of the sign


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
The Leisure Services Board Recommends approva1
Aflinua1i,·c .--\ction
23 1/7 2-1-6 7 03
F .-\ \/722-1 2 1-1

, \ .._~t·S~UI'
23 I /72-l-670R
F.-\ \/72/,-5 18 1

Ct' l11l'lt.."ry
23 I /7H-6 ?X3
F.-\ \ /72<,-% 17

C h·il St·rvicc
2J 1/72•1-(,7 I 6
F.-\\/72-1- HOS                                                   W~t Michigan's Shol'elh1e City

Clerk
2J 1/7 2-1-6711,
F.-\\/?H--11 78
                               Date :          July 26, 2000

lJ 1/72-1 -6 7 17
                               To:             Honor able      ~Y'ff' _a~~nd    Cit y Commi ssione r s
F..\\ /7 2<,-2501
                               Fr om :         Ric Scott        f/f/7;Y/7
E11 ~int·i:1·ing.
2J 1/72-1 -6 70 7              Re :            Lighthouse Par k
F .-\X /727-690-1
                               The Beachwood/Blufton Neighborhood Association has
Fi11:1nn·
2J 1/72-1-6 7 IJ
                               requested that the property across from Elliot Park,
F.-\ \ /7H-67(,8               which is within Pere Marquette Park, be name d Lighthouse
Fin· Dcpl.                     Park. A copy of their l e tter is attache d.
13 1/72 -1-67 92
F. \X /72-1-6'!85              At their meeting on July 17, 2000, the Le isure Ser vices
l n t ollll'   Ta~
                               Board r ecommended approval of the request.
231 /7 2-1-6 770
F.-\ X/72-1-67 (,8             This property is currently overgrown and not used,
Info. Sys h.• ms
                               except that a lift station is located on it . Staff
23 I /72 -1 -6 7 -1-1          would recommend approval of the request. Cur rent City
F. \ \/722--13111
                               policy requires that the City Commission approve the
Ll·is11 rt• ServiCl'           naming of any park.
23 1/7 H -<, 7 0-1
f-.-\ \/72 -1 - 1 I%           Thank you for your consideration.
.\ l:111:i~l' r ',,; Offitl'
2 31 /7 24-(,7 24
F.-\ \ / 722- 12 1-1

.\ la.\'o r 's Oflirc
23 I /72-1-6 711 1
F. \ \/72 2- 12 1-I

~ t•igh. ,._'\: Const.

2J l/7H-67 1'
F.\ \/72 6 - 25 01

l)la 11 ni111,!/Zo11i 111,:.
23 1/7H-<, 7112
F. \ \/72 -1-67'!11

Polin• lh •pl.
2J l/7H-67S11
F.-\\ /722-'1 -Ill

l'uh lic \\ o rk s
23 l/7H--1 I 110
F A\/722--11 8 8

Tn•as11n·r
23 1/72-1-6 720
h\X/72-1-67 68

\\'a tl•r Billini!, Dq1L
23 1/72-1-67 18
FA\ /72-1-6 768

\\ ;1tt· r Filtration
2.l 1/72-1 --1 1116
r-.-\ \ /75 5-52911

                                         C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon , MI 49443-0536
       <'The 1?:,eachwooc//1?:,(uffton                                                     2261 Surfwood Drive

                                                                                          Muskegon, Ml 49441

       Neiqhhorhool1/ssociafion                                                          Phone (231) 759-0551



June 26, 2000

Mr. Ric. Scott, Leisure Services Director
City of Muskegon
933 Terrace Street
Muskegon, MI 49443


Dear Mr. Scott,

The Beachwood/Bluffion Neighborhood Association is requesting a park sign for the area
bounded by Beach Street on the West, Fulton Street on the North, Nelson Street on the
East, and Sand Alley on the South.

We have researched the history of the site and determined that the first lighthouse and
lighthouse tender's house were located on this property. We would therefore suggest it be
named "Lighthouse Park" to commemorate its historic significance to Muskegon and the
neighborhood. We believe a sign will also generate interest. We are suggesting the sign
be similar in size and character the "Margaret Drake Elliot Park" sign.

The Neighborhood Association is currently working the city staff to adopt this portion of
Pere Marquette Park as a neighborhood project. Jon Colburn, the City's Horticulturalist,
is working with us to plan and develop this historic site. It is the Association's intent to
develop it as a natural/quiet site with birdhouses, benches, natural vegetation and some
pathways ... a place where citizens can come to reflect, observe, and enjoy.

We hope to begin our work this summer with cleaning and removing undesirable
vegetation as determined appropriate in the opinion of Mr. Colburn in consultation with
the neighborhood.

 Thank you for your interest and consideration of our request.

 Sincerely,       •

d&-Jco-~ &l~jlcvu                                    7(-. ~?
 Beachwood/Bluffion Neighborhood Association
                       AGENDA ITEM NO.

              CITY COMMISSION MEETING

TO:        Honorable Mayor and City Commissioners

FROM:      Tony Kleibecker, Chief of Police

DATE:      September 1, 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$ 137,311.     This grant requires
local cash match up to$ 15,257. 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 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 only allowing 30 days from the
time of the grant announcement until all negotiations, hearing and
application are completed. Therefore, staff is asking for Commission
Approval at this time.

FINANCIAL IMPACT:
     $137,3llmaximum to be received from the U.S. Dept.of Justice
     $15,257 maximum required as a local cash match and must be
      placed in the same trust 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 $15,257.    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 account 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.


COMMITTEE RECOMMENDATION:
Date:     August31,2000
To:       Honorable Mayor and City Commissioners
From:     Ric S c o t t ~ #
RE:       Walker Arena Compressors


SUMMARY OF REQUEST:
To authorize the expenditure of up to $20,000 for
repairs to the Arena compressors


FINANCIAL IMPACT:
Not to exceed $20,000


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
.-\ ffi rmali\'l' ..-\rlion
23 I /724-(, 703
F.-\.:'l:/722- 12 14

.\.sq•.s~or
2J I/724-6708
F,\X/72 6-518 1

CL'IIH'll'r~
23 1/724-6783
F.-\ X/71/,-561 7

Ci,·il Sl'l'\'iCl'
231/724-67 16
F,\X/7H-44U5                                                  West Michigan's Shoreline City
Clerk
231/72-4-67115
F.\ .\ /72.J . .j 178
                              Date:        August 31, 2000

2Jl/7H-67 17
                              To:          Honorable       M;~ ~~d         City Commissioners
F. \ \ /726-250 I
                              From:        Ric Scott / ~
Engi 11cL·ri11 g
2J 1/7H-6707                  Re:          Walker Arena Compressors
F. \ \/72 7-69114
                              There have been problems with the compressors at Walker
1:in:111n•
23 1/7 2-4-(,713
                              Arena since shortly after they were installed. Over the
F.-\ \ /72-4-6768             last year it has been discovered that they were never
Fi rl' Uq1t.
                              assembled correctly, and therefore, never operated
2J 1/724-6792                 properly. We have started the legal proceedings against
F.\ \/72 4-(,985
                              the installer.
l111.:0111l' Ta~
lJ 1/724-677()                In the meantime, we need to open two of the three
F,\ \ /724-6768
                              compressors to determine if there are any problems with
lufo. Sy!)l rms               them. The company currently performing the maintenance
2.1 1/724-6744
F.\X/722 -.JJIII              on the machines, who also discovered the problems, are
                              very sure that at least one compression spring needs to
Ll'is11 r c Scr\'itl'
2J 1/724-6704                 be replaced.
FAX/724- 11%
                              The total estimated cost if everything needed to be
.\1:111.tj!l·r\ O ffi cl·
23 1/724-6724                 fixed would not exceed $20,000 . The money to pay this
 I· \\ /722- 12 14            bill would come from litigation. I have enclosed a copy
:\ layor':,. Uffirc           of Tom Johnson's letter recommending that we do this
2.11/72-1-(,7111
F.-\\ /722- 1214
                              work.
                              I would recommend that you authorize staff to proceed
     Sl•r vicc.,              with this work.
231/724-6 715
I·.\ \/726-25111
                              Thank you for your consideration.
Plan 11 i11:,:/7.0 11i11g
23 1/724-(,7112
FA.\/72-4-67911

Polin llcpl.
2J 1/72.J-(, 7511
F..\.\/722-51 411

Public \Vorks
2J 1/724-41 11(1
F:\\/722-4188

·1·n ·a~urcr
231 /72-4-6 7211
F,\\/7H-(,768

\\'.ikr Hillin~ Dept.
23 l/72H , 7 18
 L\\/724-67(,X

\\'atl• r Filtrnlio11
23 1/724-4111(,
F.-\.\/755-52911

                                      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                                                                                                                             [ill 002/f)02
                 18:19        FAX 616 728 2206                                              PARl!E~TER OTOOLE
    li I)()




                                      _____ /ar,1 offi,:,,.s of       PARMENTER O'TOOLE
                                                             '-~-~--~-------'~-...-'~---'---=--=---
                                            175 W. Api,ls A.venue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                  Phon• 231.7121621 • Fax 231.722.7866 or /28.1206




                                                                       Fax 722 1214; 7241196
    August 21, 2000

    Mr. Bryon Mazade                                              Re: Arena Compressor claim v. Rink Systems ~t al.
    Mr. Ric Scott
    City of Muskegon

    Dear Bryon and Ric,

    ln reviewing for litigation to recover the cost of repairs to the compressors at the arena, I
    recommend that you. consider performing the repairs, so that as we sue for the cost, we will have
    a figure for the repair expenses to sue for. This saves expense and time in litigation, since we
    will have a reliable money amo\!nt we actually spent, and not have to rely on estimates and
    educated guesses.

    The estimate by Hurst, which RCI agrees to, is $8,424.00 per machine, plus the work (apparently
    nominal), to connect the piping, which has been installed ready for further connection. These
    estimates, and the news abom the pipe connections, are according to Neil Hawryliw. I do not
    know the dates of the estimates. If the commission were to authorize up to $20,000.00 for this,
    hopefully it could be timely completed.

    We would proceed to sue for the actual repairs to date, and the new repairs above, together for
    the loss ir1 extra electric costs estimated by the engineer from Hooker Delong.

    While it is better to ,tart suit after the repairs are completed, we can start before. lf it is possible
    to do them now, however, we should do that.




/




       C. lhomo, Johr1~cm      John C. s~hrior                  Jamri~ R. Scheue,l,;-       Oj'(,'flflrml       Rf.!ittd              Paul T. Sorcm~e-n
       Georae 0. V,rn t>'P3    Chri~tt,lph1u L Kelly            K,i~h L Mc:Evqy             Thom-is J. O'Took   f<Qbtirt L Foaythe    l!lZ0-1966
      John M, lkigg~, 111      ~Inda S. Krior~                  Anno K. l)ri~k               ~ric J. Fcrnri     Arth~r M, Rude        George A.. ?urmMt!#r
      Michai,I ~. f\9lf         i:,t-,ilij.) ~. 5to!f<':ln      ScQtt P. Stwitit                                                      190}- l!ilS!J
                                                                                                                H,;,irold M, Streer
       ~riQrvo W. Jotln~ofl    'Nif!it\l'l'r J. Mc11Jr          J&Miffr t HylJond                                                     c;yrus M. P<;ppen
                                                                                                                                      l90l•l'96
       W. lkod Groom                                            ,riffcry A Jo~t>b50;7   1
                   Commission Meeting Date: September 12, 2000


Date:           September 7, 2000
To:             Honorable Mayor and City Commissioners
From:           Planning & Economic Development c,f/--

RE:            Whittaker Electric Renaissance Zone Expansion - Parker Plastics



SUMMARY OF REQUEST:

Pursuant to P.A. 376 of 1996, as amended, Parker Plastics is requesting the approval of the
attached resolution expanding the Whittaker Electric Renaissance Zone to incorporate a portion
of the former Federal Mogul (Piston Ring) facility located on Laketon Avenue near Fairview
Street. (see attached map). The proposed project will create 52 new permanent full-time jobs
and result in the investment of $2 million in equipment and machinery as well as more than
$440,000 in improvements to the site and buildings. This request will utilize approximately
$1,430 of the City Revenue Investment Cap for the Renaissance Zone program.

FINANCIAL IMPACT:

Certain real and personal property taxes will be exempt from collection for a period of 14 years
beginning January 1, 2001. Additional income taxes will be collected as a result of this project.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the attached resolution upon condition that Parker Plastics posts a performance
bond equal to the amount of local taxes to be exempted over a period of 14 years (see attached
development agreement).

COMMITTEE RECOMMENDATION:

None




917/2000                                                                                     1
                                 Resolution No. 2000-90 ( c)

                            MUSKEGON CITY COMMISSION



         RESOLUTION APPROVING EXPANSION OF WHITTAKER ELECTRIC
                          RENAISSANCE ZONE

WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II
     Renaissance Zones have been enabled to modify existing and create new sub-
    zones (up to 10); and

WHEREAS, the City of Muskegon is committed to the economic growth and well being of
    its residents; and

WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance
    Zones and desires to utilize such zones for the revitalization of certain areas within
    the City and

WHEREAS, the City of Muskegon has adopted a policy governing the expansion of
    existing and the creation of new sub-zones; and

WHEREAS, Parker Plastics, LLC, has entered into a development agreement with the City
    of Muskegon governing the expansion of the Whittaker Electric Renaissance Zone;
    and

WHEREAS, the City of Muskegon wishes to amend the boundaries of the Whittaker
    Electric Sub-Zone to include the property commonly known as the Federal-Mogul
    property to wit:

              All of Block One of Dennis Smith and Company's Second Addition to the
              City of Muskegon according to the recorded plat thereof, together with the
              vacated alley 16 ft in width contiguous to said block 1 on the Swly side
              thereof and lying between said block 1 and the G.R. and I. Railroad R-0-W

              Also, Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 of Block 2 of the
              Dennis Smith and Company's Second Addition to the City of Muskegon
              according to the recorded plat thereof together with that portion of the
              vacated alley running North and South through said Block 2 lying S of the N
              line of Lot 4 extended Ely to meet the N line of Lot 17 also the vacated
              portion of Fairview Street lying S of the N line of Lot 8 Block 1, if extended
              Ely across Fariview Street to meet the N line of Lot 4 Block 2 of Dennis
              Smith and Company's Second Addition to the City of Muskegon and lying N
              of Alpha Avenue, also vacated portion of Alpha Avenue lying W of the E line
              of Lot 11 Block 2 of Dennis Smith and Company's Second Addition to the
              City of Muskegon and lying E of the G.R. and I. Railroad R-O-W

              And




9/5/00                                                                                   2
               Lot 1, 2, and the W 123. 08 feet of the N 19.41 feet of Lot 3 Block 8 of Erwin
               and Keating's Addition to the City of Muskegon according to the recorded
               plat thereof together with the vacated alley 16 feet in width adjacent thereto
               contiguous to said Block 8 on the Swly side thereof and lying between said
               Block 8 and the G.R. & I. Railroad R-O-W Except that part contained in the
               following desc: commence at the NE corner of Lot 1 Block 9 Erwin and
               Keating Addition to the City of Muskegon for POB, thence N 02 degrees 04
               Min 00 Sec W along W line of Sixth Street 457.46 ft to the N face of a brick
               wall, thence S 86 degrees 02 min 35 sec W 147.02 ft. along said brick wall,
               thence S 1 degrees 58 min 40 sec E 140. 37 feet along W face of a brick
               wall, thence S 87 degrees 57 mins 20 sec W 17. 87 feet along a brick wall,
               thence S 02 degrees 00 min 00 sec E along W face of a brick wall a
               distance of 168. 77 feet, thence S 88 degrees 07 min 10 sec W 123. 08 feet
               to Wly line of a 16 foot vacated alley, said line also being Ely line of Block G
               of Erwin & Keating's Addition, thence Sely along said line on the arc of a
               1362. 97 foot radius curve to the left a distance of 328. 17 feet (central angle
               of said curve is 13 degrees 47 min 44 sec and the long chord bears S 47
               degrees 37 min 10 sec E 327,33 ft), thence N 32 degrees 15 min 55 sec E
               97.05 feet to POB.

NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby
     approves the amendment of the Whittaker Electric Zone to include property
     commonly known as the Federal-Mogul Property.

BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
       P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied
       against all property located within or persons residing within the Federal-Mogul
       property and is aware that the following estimated property tax revenue forfeiture
       will result by placing said property in a Renaissance Zone during the first full year of
       operation.

                       1)     City of Muskegon:                      $1,429

                       2)     Muskegon County:                       $1,273

                       3)     Muskegon Community College:            $318

                       4)     Muskegon Area ISD:                     $399

                       5)     Muskegon Public Schools:               $4526

                       6)     State School Aid Millage:              $849

                       7)     Total of All Jurisdictions:            $8794



Adopted this 12th day of September 2000.




9/5/00                                                                                     3
AYES:     Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, As l akson,
          Benedict

NAYS:     None


ABSENT:     None


                             BY:


                             ATTEST:
                                            Gail Kundinger, Clerk

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 September 12, 2000.



                                            Gail Kundinger, Clerk




9/5/00                                                                                 4
                                               ~~l
                                        Laketon Avenue·    -
                                                                    l-j ····   L     7._.J
                                                                                       111   g   I   U,[IJJf1. ·
                                                                                                     -=:~j - . .
                                                                                   1
                                                                                   ,-]                      ··-1-

Brunswick Corp.
                  St. Mary's Cemetery
                                                                 , " ';.";~~ E~osio,                        J _ji
                                           I
                                           rn · · -
                                           i!:
                                           ~~-            __J
                               _ _j___[___J_i:-:-7 ....         L=:i,,,,~, ..
     1Parker
    r.
    ~ Plastics
                                                                          Parker Pb.sties, LLC • 80 I W. Norton • Muskegon, Ml 49+4 I
                                                                             616.8-42.9336 • Fu 616.8'12.9337 • parkerplut1csnc.com




                                                                  August 14, 2000




    Matthew Dugener, Business Development Specialist
    Planning & Economic Development Department
    933 Terrace Street
    Muskegon, MI 49440


            Re:     Green Mountain Plastics L.L.C. Renaissance Zone - Parker Plastics L.L.C.


    Dear Mr. Dugener:
    Thank you for your recent visit to our proposed Renaissance Zone property commonly referred
    to as the "Federal Mogul Building". As we showed you, our project should meet all of the City
    of Muskegon's requirements for Renaissance Zone approval. We are anticipating a long and
    successful relationship with the City of Muskegon.
    Parker Plastics L.L.C. ("Parker") has a patented process to recycle plastic waste into secondary
    resource material for existing companies. Our current products are cornerguard for the
    packaging industry and steel coil separators. The state-of-the-art technology allows us to process
    tons of plastic that would otherwise be disposed of in the state landfills. Parker is currently
    processing 250,000 pounds of plastic per week.
     To expand, Parker needs 100,000 square feet of manufacturing space and an additional 70,000
     square feet of storage in the second phase of development. The Federal Mogul building meets
     all current needs of expansion. There are no existing Renaissance Zone properties available for
     this size of an operation.
     There are two parcels being requested for Renaissance Zone approval: 1839 Sixth Street (Federal
     Mogul building) and 1713 Seventh Street (Howmett/Misco building). The Stat~ •.Equalized
     Values of the two properties currently are $145,800 and $64,900 respectively. ' '.:<\c;\:C,
                                                                                        ,..

     Parker proposes to bring state-of-the-art plastic manufacturing to the facility, usi~g'ext~sig!}il.nd
     compression molding technologies. The first line, anticipated to be in operation in May 2001,
     would be a metal and plastic molding line that would run 24 hours per day, a minimumoffi.ve
     days per week. The second line would be a manufacturing line building packaging prQdµcts,
     estimated to be in operation by June 2001.                                                · . i·•-·
     It is estimated that the total investment, beyond the original property cost, would be             two n'iillion
     dollars, including tooling and machinery purchased by customers of Parker.


I
The following site improvements have been scheduled with Muskegon contractors:
       I. New roof- Estimated cost $139,000
       2. New fascia- Estimated cost $90,000
       3. Tear down of interior building #3 and rebuild- Estimated cost $75,000
       4. New floor- Estimated cost $40,000
       5. Raising of roof- Estimated cost $50,000
       6. Interior painting and remodeling $20,000
       7. Paving of existing back yard area- Estimated $25,000
       8. Fence repairs- Estimated $5,000
Parker estimates 52 jobs to be created within the first two years. Our initial phase will have three
lines for three shifts utilizing three operators per shift, one supervisor per shift, two floor
technicians per shift, and one maintenance personnel per shift. In addition, two sales persons,
three engineers and a plant manager will be employed. In the second year, raw material
production would be started in Muskegon, adding 25 jobs to the existing 27.
Attached is our Engineer's drawings of the current layout for production at the new facility.
Currently the property is in disrepair. The roofs on all three buildings on the property leak. The
property is a Federal Superfund site that requires another 3 to 20 years to remediate, making it
difficult for the seller to dispose of the property. Parker has agreed to a working relationship
with the Seller, allowing its environmental equipment to remain on the property in a working
relationship with Parker. The building has low ceilings, making manufacturing difficult. The
exterior of the building is in disrepair and a "blight" on the community.
Parker is willing to introduce City of Muskegon officials to its customers, who have open
purchase orders for Parker products and raw materials, evidencing the viability of the project.
Parker will provide any letter of commitment required by city officials.
The property is in an industrial zone, contiguous to an existing Renaissance Zone property.
Improvements to the property will help enhance the current declining image of Laketon Avenue
businesses.
Parker is ready to complete its purchase of the building upon designation of Renaissance Zone
status. Parker is currently in operation and would transfer its technology to Muskegon
immediately. The only limitation currently in front of Parker is working around a vast amount of
equipment and underground wells currently being used for environmental remediation. Also, a
projected $21,000 to $700,000 cost of a BEA with the State of Michigan is currently at issue.
Engineering solutions to be presented to the State of Michigan within 30 days should bring final
resolution to this hurdle.
The request is to expand the existing Renaissance zone to the Federal Mogul building and to
create a new zone for the Misco property. The applicant, Green Mountain Plastics L.L.C., which
is purchasing the property, is a Michigan Limited Liability Company, which will lease the
property to Parker Plastics L.L.C. Both companies have common ownership. All City accounts,
if any, are current with the City of Muskegon.
This project is ready to begin immediately in Muskegon. We anticipate being a good corporate
citizen and anxiously await our arrival here. If you have any questions, please feel free to   0
contact the undersigned.


                                           Respectfully,



                                           Charle     . Luyendyk
                                                                                               r
                                                                                               tc
                                                                                               )]




                                                                                               )t




                                                                                               l(

                                                                                               I
                                                                                               d
                                                                                               r,
                                                                                               lt
                                                                                               it
                                                                                               :e




                                                                                               e,

                                                                                               s
Site/Building Requirements

The applicant has agreed to improvements to the site and buildings as outlined in the
Renaissance Zone Policy (see attached development agreement for details).

Evaluation Factors

       A.      Primary
                      I. The applicant cannot undertake this project in an existing
                         Renaissance Zone because all of the industrial property in
                         existing Renaissance Zone is being utilized.
                      2. The project has expressed full commitment from the prope1ty
                         owner and the business that will operate on the property.
                      3. The project meets the required number of threshold criteria for
                         the expansion of an existing zone.

       B.      Secondary
                     1. The amount of new income taxes based on the 52 at an average
                          manufacturing wage of $8 hour will result in an additional
                          $8,653 which is more than the current prope1ty taxes.
                     2. $2.5 million
                     3. The project recruits a new business into the City while creating
                          52 new permanent full-time jobs
                     4. The rehabilitation and reuse of this property should increase
                          the marketability of the surrounding area and subsequently
                          result in additional private development.
                     5. NIA
                     6. The amount of tax loss does not exceed the City Tax Revenue
                          Investment Cap
                     7. NIA
                     8. The redevelopment/reuse of the subject property will assist in
                          the redevelopment of the Laketon A venue corridor.
                     9. NIA
                     I 0. Based on agreed upon site improvements for this project the
                          project will be close to achieving State Certified Industrial Park
                          Standards. The buildings will likely not conform to State
                          Industrial Park Standards due to the type and time period of
                          construction.
                     11. The project is consistent with City plans
                     12. The applicant company is new to the City and therefore has not
                          been in violation of any city ordinance or policy. The attached
                          development agreement identifies that the buildings must be
                          brought to code and any back taxes will be paid at the time of
                          closing.

In surmnary the proposed project complies with nearly every aspect of the City of
Muskegon Renaissance Zone Policy.
                             DEVELOPMENT AGREEMENT
                        CITY OF MUSKEGON RENAISSANCE ZONE


       THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of933 Terrace Street, Muskegon, Michigan 49441 ("City") and PARKER
PLASTICS, LLC, and GREEN MOUNTAIN PLASTICS, LLC, both Michigan limited liability
companies, of 80 I W. Norton, Muskegon, Michigan 49441 ("Company").

                                             Recitals:

        A       The City has received and application from the Company and intends to consider
the location in a Renaissance Zone by the Company, and as a condition thereof this Agreement
must be approved and executed by the Company prior to the establishment and location of the
business in the Renaissance Zone. Upon approval of Renaissance Zone status for the Company,
the City will sign this Agreement. The City deems this Agreement to constitute a necessary
element in the City's determination regarding the location of Company in the Renaissance Zone,
and the City relies upon the undertakings of Company in this Agreement to allow and to continue
the Renaissance Zone status of the Company.

        B.      The Company intends to install the project set fmih in its letter of August 14,
2000 and its Application for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in this Agreement to
establish and to continue the Company's status as a Renaissance Zone Company.

       NOW THEREFORE THAT PARTIES AGREE:

      1.     DOCUMENTS ATTACHED. Included in this Agreement are the following
documents which have been collected and relied upon by the parties:

              1.1      The letter of August 14, 2000 from Charles W. Luyendyk on behalf of
       Parker Plastics, LLC.

               1.2     The Application prepared and filed by Parker Plastics, LLC.

               1.3     Copy of the Renaissance Zone Act, as amended to date.

              1.4    City of Muskegon Development Agreement Policy for Expanding
       Existing or Establishing New Renaissance Snb-Zones.

               1.5     Exhibit containing Site/Building requirements for this project applying
       Article VII of the Development Agreement Policy.

       2.       COMP ANY AGREEMENT. The Company agrees to the following commitments
which it shall perform in a timely and reasonably acceptable manner:


C:IMY DOCUMENTSIDEVELOPM4.WPD                    1
               2.1     The improvement of the Federal Mogul Building at 1839 Sixth Street,
       Muskegon, Michigan, to comply with all construction codes, to meet its needs to operate
       its business on the property.

              2.2     The improvement, to comply with all construction codes, of the
       Howmet/Misco Building at 1713 Seventh Street for said purposes. [This requirement is
       reserved for the Howmet/Misco Building when its Renaissance Zone status is established,
       which may require a different schedule by addendum].

                2.3     The installation on the premises of the current plastic manufacturing
       facilities, operations may begin in May 2001 on the first line, and June 2001 on the
       second line.

               2.4    The investment of the amounts set forth in the letter of August 14, 2000.

              2.5     The creation of fifty-two jobs within the first two years of operation.

              2.6     The closing of the purchase of the properties.

                2.7    The performance of all other undertakings set forth in the August 14, 2000
       letter and the Application.

               2. 8   Assurance and completion at real estate closing(s) of the payment of all
       real and personal property taxes due for all years prior to the creation of the Renaissance
       Zone on the properties.

              2.9     Cooperation with City representatives to supply all requested and required
       documentation necessary in the City's reasonable judgment to determine compliance with
       the undertakings set forth in this Agreement and its attachments.

               2.10 During the entire period for which the Renaissance Zone status is in effect,
       the level of jobs, production and utilization of improvements and equipment as set forth
       in the attachments, shall be sustained and maintained.

              2.11 The Company shall take all required precautions to avoid the release of
      any hazardous substance in violation of any environmental law on its premises, and shall
      report any releases to the appropriate authority in a timely and complete manner,
      providing copies of said documentation to the City. It shall comply with all orders and
      actions of any governmental agency having authority.

            2.12 The Company shall maintain the equipment and improvements so as to
      minimize physical or functional obsolescence.

              2.13 The Company shall improve the properties and improvements, as
       contemplated in Article VII of the Development Agreement Policy, in accordance with
       the provisions of the Exhibit attached covering Site/Building requirements. These

C:\MY DOCUMENTS\DEVELOPM4.WPD                   2
       requirements shall be in addition to any zoning or site plan requirements of the Planning
       Commission or City Commission.


        3.       AGREEMENT BY THE CITY. Provided this Agreement has been executed and
further provided all applications concerning Renaissance Zone status have been properly filed,
the City shall, in a timely manner, proceed with the appropriate meetings or applications
including as necessary the State of Michigan Renaissance Zone Review Board, and with all local
review entities required by law. The City may consider this agreement in a meeting separate
from and prior to the meeting or meetings in which the City or any entity considers the creation
of the district or approval of the applicant for Renaissance Zone status.

       4.     EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company.

               4.1     Failure to meet any of the commitments set forth above.

               4.2     The closing of the Company's facilities in the City. Closing shall mean,
       for purposes of this Agreement, the removal, without transfer to another site within the
       City, of substantially all of the production facilities, and the elimination within the City of
       substantially all the jobs created or retained thereby, which are set forth in the Company's
       applications and all submissions accompanying it.

              4.3     Failure to afford to the City the documentation and reporting required.

               4.4    The failure to create or retain jobs, meet affirmative action goals or expend
       the funds on equipment and improvements as represented in the attachments within the
       times required hereby.

              4.5     The bankruptcy or insolvency of the Company.

              4.6     The failure to pay any taxes other than those exempted by the Renaissance
       Zone Act, and the failure to pay any special assessments levied on the Company's
       property timely after levy or final appeal.

             4.7      The violation of any provisions, promises, commitments, considerations or
       covenants of this Agreement.

        5.      REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company's rights to due process. The amounts due by reason of the
exercise of the remedies shall be immediately payable by the Surety executing the performance
guarantee required by this agreement.

               5.1    In the event of closing as specified in section 4.2 above and after
       investigation of the facts and a public hearing, the Company and its surety shall be
C:IMY DOCUMENTSIDEVELOPM4.WPD                    3
       immediately liable for amounts below, to be paid forthwith to the City, and the
       Renaissance Zone status of the Company shall be revoked or void, with the following
       consequences::

                      5.1.1 The Company shall pay to the City, for..Ql:Q rata distribution to any
              taxing unit which has not been reimbursed by the State or to the State of
              Michigan, an amount equal to all real and personal property taxes which have
              been excused.

                     5.1.2 The Company shall pay to the State of Michigan all amounts of the
              corporate income tax which have been abated under the Renaissance Zone Act, if
              any.

                    5.1.3 The Company shall immediately pay to the City any corporate City
              income tax which has been abated pursuant to the Renaissance Zone Act.

               5.2     Failure to Install Improvements. In the event the improvements,
       renovations and the equipment have not been completed or installed by the time set forth
       in the attachments, the said improvements and equipment shall be placed on the next tax
       roll, and in addition the Company shall reimburse the City, taxing units or State for all
       abated taxes on said property. The performance guarantee amount shall be paid to the
       City.

               5.3    Failure to Expend the Funds Represented. Whether or not the installations
       have been completed, if the Company has not expended the funds it has represented on its
       application that it would invest for the installation of equipment, the Company shall show
       cause to the City why its Renaissance Zone status should not be determined to be revoked
       or void. The performance guarantee amount shall be paid to the City.


              5.4   Job Creation and Retention. In the event the promised numbers of jobs
      have not been created or retained, the amount of the performance guarantee shall be paid
      to the City.

             5.5      Other Violations. For any material violations of this Agreement, the City
      reserves the right to seek declaration by a court or entity with authority that the
      Renaissance Zone status of the Company is void or revoked. The performance guarantee
      amount shall be paid to the City.


              5.6     Special Assessment. For any amount due to be paid to the City as a result
      of default by the Company, the Company consents that the City shall have a personal
      action against the Company and its Surety for the said amount, and in addition,
      cumulatively, and not by election, the City shall have a special assessment lien on all the
      property of the Company, personal and real, located in the City, for the collection of the
      amounts due as and in the manner of property taxes.

C:\MY DOCUMENTS\DEVELOPM4.WPD                  4
                5. 7    City Considerations for Determination in Matters of Default. The City
        shall not unreasonably take any action which may result in invocation of the remedies
        above. It shall take the following factors into consideration:

                       .I     The economic conditions, if any, reasonably !mown to the City,
                       which are found to be directly related to the default or circumstance
                       causing the proposed action by the City.

                       .2      The performance of the Company in meeting the commitments and
                       requirements of the Application, the submitted materials, and the
                       provisions of the Certificate and this Agreement.

                       .3      Whether the effect on the City's finances of the Company's actions
                       is material and substantial.

                       .4      Whether the circumstance affecting the status of the company was
                       created by occurrences beyond the control of the Company or could have
                       been avoided, and, in particular, whether the Company could economically
                       and feasibly continue to perform as required by this Agreement.

               5.8      Performance Guarantee The company shall deposit with the City a
Performance Guarantee such as a Surety Bond issued by a surety licensed in the State of
Michigan and acceptable to the City, or in the alternative, an irrevocable letter of credit on a bank
organized as a national bank or under the laws of the State of Michigan, (either being called the
"Guaranty Document"), in the amount of$100,000.00. The Guaranty Document shall
unconditionally obligate the Company and the Surety or bank to pay an amount to the City in the
event of default, to be equal to the taxes abated to the date of default, together with all taxes
which may be abated in the event Renaissance Zone status cannot be revoked or voided for any
subsequent period the default continues, plus any costs to the city caused by the failure of the
company to comply, including, without limitation, any costs of cure incurred by the city to bring
the improvements on the property into compliance with this agreement or planning or zoning
requirements.

        6.     Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan, and in particular the Renaissance Zone Act of the State, as amended.

      7.      Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.

        8.      Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.



C:IMY DOCUMENTSIDEVELOPM4.WPD                    5
         9.     Effective Date. This Agreement shall be effective on the date the State of
Michigan Administrative Board approves the amendment to the City of Muskegon/Muskegon
Heights Renaissance Zone.
         10.    Invalidity. In the event any provision of this agreement is declared invalid by a
court or tribunal having competent jurisdiction, the remainder of the agreement shall remain in
full force and effect.

                                                     CITY O F MUSKEGON,



                                                           ...;~ :n.~
                                                     a municipal corporation

                                                     By
                                                                        ~ Mayor
                                                                                           <'
                                                          Fred J. Nie

                                                     and        ~ Q. ~~
                                                        Gail A. Kundinger, Clerl~

                                                     Dated:     ¥ - 12-           , 2000



                                                     By

                                                          Its   ,ttlr
                                                     and

                                                          Its

                                                     Dated:        9 ~ /1         , 2000




                                                     GREEN MOUNTAIN PLAST




                                                     and- - - - - - - - - - - -- -

                                                          Its - - - -

                                                     Dated:      1- / 1           , 2000

C:\MY DOCUMENTS\DEVELOPM4.WPD                    6
C:IMY DOCUMENTS\DEVELOPM4.WPD   7
                                    EXHIBIT

     REQUIREMENTS TO COMPLY WITH ARTICLE VII OF THE DEVELOPMENT
                        AGREEMENT POLICY

1.     Twenty foot wide landscape buffer along the entire Laketon Ave. frontage. To meet with
       Planning Commission approval.

2.     Removal/ replacement of chain link fence along Laketon Ave. frontage. Any new fence
       may not exceed a height of six feet, and may not be within the required twenty foot
       landscaping setback. No barbed wire or electric fence may be used.

3.     Removal/ replacement of the "Federal Mogul" pole sign. Any new sign must meet the
       requirements of the Zoning Ordinance.




C:\MY DOCUMENTS\DEVELOPM4.WPD                8

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