City Commission Packet 04-08-2003

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       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                               APRIL 8, 2003
      CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                       AGENDA
ROLL CALL:
HONORS AND AWARDS
CONSENT AGENDA:
                a. Approval of Minutes. CITY CLERK
                b. Sale of Non-buildable Lot at 2355 Torrent Street.       PLANNING &
                   ECONOMIC DEVELOPMENT
                c. Community Development Block Grant/HOME Final Allocation
                   Decision. COMMUNITY & NEIGHBORHOOD SERVICES
                d. Approval of the 2003-2004          Action   Plan.   COMMUNITY      &
                   NEIGHBORHOOD SERVICES
                e. Consideration of Bids -Terrace Street. Iona to Peck. ENGINEERING
                f.   Request for Permission to Apply for 2003 USFA Grant. FIRE
UNFINISHED BUSINESS:
                a. Casino Petitions.
NEW BUSINESS:
                a. Authorize Funds for Imagine Muskegon. PLANNING & ECONOMIC
                   DEVELOPMENT
                b. First Quarter 2003 Budget Reforecast. FINANCE
                c. Proposed Healthcare Administration Change. FINANCE
                d. Termination of Employee Rx Reimbursement Program. FINANCE
                e. Power to Lakefront Development. ENGINEERING
PUBLIC PARTICIPATION:
                a. Casino Vote Election
Date:     AprilS,2003
To:       Honorable Mayor and City Commissioners
from:     Gail A. Kundinger, City Cleric
RIE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, March 25, 2003.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                           APRIL 8, 2003
      CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                  MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, April 8, 2003.
  Mayor Warmington opened the meeting with a prayer from Reverend Julie
Armour from Unity Church of Muskegon, after which members of the City Commission
and members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington,; Commissioners Stephen Gawron, William
Larson, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City
Attorney John Schrier and City Clerk Gail Kundinger. Absent were Vice Mayor Karen
Buie and Commissioner Robert Schweifler
HONORS AND AWARDS
   Mayor Warmington presented a Certificate of Recognition to Kris Collie of
Volunteer Muskegon for National Youth Services Day.
2003-30CONSENT AGENDA:
              a, Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
  Meeting that was held on Tuesday, March 25, 2003.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: Approval of the minutes.
              b, Sale of Non-buildable Lot at 2355 Torrent Street.   PLANNING &
                 ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
  #24-205-620-0004-70) at 2355 Torrent Street to Emily Jensen, 2340 Moon St.,
  Muskegon, Ml 49441. Approval of this sale will allow the adjacent property owner
  to expand her current yard. As is required by City policy, the subject parcel is
  being offered for $100 to Ms. Jensen.
  FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
  BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
  and the Clerk to sign the resolution.
               d. Approval of the 2003-2004           Action    Plan.     COMMUNITY     ft
                  NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: To approve the 2003-2004 Action Plan for the City of Muskegon
  CDBG/HOME activity. If the Action Plan is approved, the CNS will continue the
  comment period of the Action Plan as amended if needed, until April 22, 2003.
  On April 23, 2003, the CNS office will deliver the Action Plan to the U.S. Housing and
  Urban Development as required in order to request the Release of Funds for the 2003-
  2004 fiscal year.
  FINANCIAL IMPACT: Action Plan establishes the 2003-2004 budget.
  BUDGET ACTION REQUIRED: None at this time; budget established by Action Plan.
  STAFF RECOMMENDATION: To approve the Action Plan.


               f. Request for Permission to Apply for 2003 USFA Grant. FIRE
  SUMMARY OF REQUEST: The Fire Department is requesting City Commission permission
  to apply for 2003 United States Fire Administration "Assistance to Firefighters Grant
  Program" to provide firefighter equipment to enhance operational safety.
  FINANCIAL IMPACT: $11,300 match through Department Capital Funds.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends approval of grant application to USFA for
  fire equipment acquisition.
  Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
  Consent Agenda, minus items c and e.
  ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington
               Nays: None
               Absent: Buie, Schweifler
  MOTION PASSED
2003-31 ITEMS REMOVED FROM THE AGENDA
               c. Community Development Block Grant/HOME                Final   Allocation
                  Decision. COMMUNITY ft NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: For the City Commission to make their final allocation decision
  concerning the 2003-2004 CDBG/HOME fiscal year.
  The Commission has received the recommendation from the Citizen District Council and
  the City Administration. The Commission made their preliminary recommendations
  during the March 18, 2003 City Commission meeting.
  After receiving the Commissions final allocation decision, the CNS office will amend the
  City's 2003-2004 Action Plan if needed and continue the comment period until April 22,
  2003. At that time, the City will request the U.S. Housing and Urban Development
  Department for the release of the funds for the 2003-2004 fiscal year to begin June 1,
  2003.
  FINANCIAL IMPACT: The decision will determine the CDBG/HOME budget for 2003-2004.
  BUDGET ACTION REQUIRED: The decision will establish the budget.
  STAFF RECOMMENDATION:        The   Commission    has   already    received   the   staff
  recommendation.
  Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
  the previous recommendations and approve the final allocation decision of the
  2003-2004 CDBG/HOME fiscal year.
  ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Gawron
              Nays: None
              Absent: Buie, Schweifler
  MOTION PASSED
              e. Consideration of Bids -Terrace Street, Iona to Peck. ENGINEERING
  SUMMARY OF REQUEST: The Terrace St., Iona to Peck contract be awarded to Grant
  Tower Excavating of Grant, Ml. Grant Tower was the lowest, responsible bidder with a
  bid price of $484, 784.45.
  FINANCIAL IMPACT: The construction cost of $484,784.45 plus related engineering
  expenses.
  BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: Award the contract to Grant Tower Excavating.
  Motion by Commissioner Larson, second by Commissioner Gawron to award the
  contract to Grant Tower Excavating.
  ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson
              Nays: None
  MOTION PASSED
2003-32 UNFINISHED BUSINESS:
              a. Casino Petitions.
  Motion by Commissioner Larson, second by Commissioner Spataro to concur with the
  City Attorney's opinion and do nothing at this time.
  ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson
              Nays: None
              Absent: Buie, Schweifler
2003-33 NEW BUSINESS:
              a. Authorize Funds for Imagine Muskegon.         PLANNING ft ECONOMIC
                 DEVELOPMENT
  SUMMARY OF REQUEST: Request authorization of a $6,000 budget allocation to be
designated to the Imagine Muskegon project and further act as the fiduciary for the
project.
FINANCIAL IMPACT: The total project cost estimated at $20,000. Fund raising activities
are in full swing with several pending commitments.
BUDGET ACTION REQUIRED: This allocation was authorized in the 2003 budget as an
item in the Planning 8: Economic Development Budget.
STAFF RECOMMENDATION: Authorize the allocation and act as the fiduciary for the ad-
hoc group.
Motion by Commissioner Spataro, second by Commissioner Larson to approve
authorization funds of $6,000 to be designated to the Imagine Muskegon Project and
further act as the fiduciary for the project.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, Shepherd
             Nays: None
             Absent: Buie, Schweifler
MOTION PASSED
             b. First Quarter 2003 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2003 Budget
Reforecast which outlines proposed changes to the original budget that have come
about as result of changes in policy priorities, labor contracts, updated economic
information, or other factors. For the next meeting, an action item will be placed on
the agenda for adoption of the proposed first quarter budget reforecast together with
any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: Staff is awaiting updated figures from the state. A budget
reforecast report will be presented at the April 7th Committee of the Whole meeting.
BUDGET ACTION REQUIRED: Self-explanatory
STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure
it reflects their policy initiatives. At the next City Commission meeting, staff will
request formal approval of the Reforecast and related budget amendments.
Motion by Commissioner Larson, second by Commissioner Spataro approval of the
First Quarter 2003 Budget Reforecast and related Budget amendments.
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Shepherd, Spataro
             Nays: None
             Absent: Buie, Schweifler
MOTION PASSED
             c. Proposed Healthcare Administration Change. FINANCE
SUMMARY OF REQUEST: Staff recommends that a change be made in the administration
of the City's self-insured healthcare and dental programs.           Specifically, it is
recommended that the current TPA contract with Benesight be terminated effective
May 31, 2003 and the Priority Health (who currently handles the City's HMO program) be
appointed to administer the self-insured program starting June 1, 2003.
FINANCIAL IMPACT: The change in service providers will result in direct administrative
savings to the city as well as better service and better coordination of the City's
healthcare programs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Termination of the current TPA service contract with
Benesight effective May 31, 2003. Appointment of Priority Health as TPA for the City's
self-insured healthcare and dental programs effective June 1, 2003.
Motion by Commissioner Spataro, second by Commissioner Larson to approve Health
Care Administration changes and terminate the current TPA service contract with
Benesight effective May 31, 2003 and appoint Priority Health as TPA for the City's
self-insured healthcare and dental programs effective June 1, 2003.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington
             Nays: None
             Absent: Buie, Schweifler
MOTION PASSED
             d. Termination of Employee Rx Reimbursement Program. FINANCE
SUMMARY OF REQUEST: Staff recommends that the prescription drug reimbursement
program put into place in 1999 be terminated.
FINANCIAL IMPACT: Direct savings of about $7,000 per year.     Additionally, significant
staff time will be saved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Termination of the current prescription drug reimbursement
program effective May 31, 2003.
Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the
termination of the current Employee Prescription Drug Reimbursement Program
effective May 31, 2003.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Gawron
             Nays: None
             Absent: Buie, Schweifler
MOTION PASSED
             e. Power to Lakefront Development. ENGINEERING
SUMMARY OF REQUEST: Authorize Consumer Energy to install the necessary power poles
and lines to proved power into the entire development including the GVSU site as per
the proposal. Please keep in mind that the proposal calls for wooden poles to be
installed along the lake side of the proposed bike trail from Ryerson Creek all the way
to the fence between the lakefront property and the Payne's property, for an estimated
cost of $263,100.
FINANCIAL IMPACT: The estimated construction cost of $263,100.
BUDGET ACTION REQUIRED: None at this time. The cost will be from the CMI grant and
overage assessed to developer.
STAFF RECOMMENDATION: Authorize staff to issue a notice to proceed with Consumer
Energy to perform the necessary work.
  Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
  staff to issue a notice to proceed for Consumer Energy to install the necessar y
  power poles and lines to provide power into the entire development including the
  GVSU site as per proposal, contingent upon reaching agreement with developer in
  regards to underground power on the west side of property.
  ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington
              Nays: None
              Absent: Buie, Schweifler
  MOTION PASSED
2003-34 PUBLIC PARTICIPATION:
              a. Casino Vote Election
  Comments on Advisory Referendum were heard from Archimedes representative, Dave
  Wentland, of 399 Nelson, Muskegon, and Lance Hendricks, 1715 Kalamazoo Ave.,
  Kalamazoo, Ml.
  Motion by Commissioner Spataro, second by Commissioner Larson to direct matter
  to staff and for details on wording of ballpt and procedure for an election on
  Advisory Referendum.                       '
  ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson
              Nays: None
              Absent: Buie, Schweifler
  MOTION PASSED
  The Regular Commission Meeting for the City of Muskegon was adjourned at 7:57pm.
                                                 Respectfully submitted,

                                                    )
                                                  ~~f'
                                                 Gail Kundinger, MMC
                    Commission Meeting Date: April 8, 2003




Date:          March 25, 2003
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development              c.tB v
RE:            Sale of Non-buildable Lot at 2355 Torrent Street


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-620-0004-70) at
2355 Torrent Street to Emily Jensen, 2340 Moon Street, Muskegon, Ml 49441
Approval of this sale will allow the adjacent property owner to expand her current yard
(see attached map). As is required by City policy, the subject parcel is being offered for
$100 to Ms. Jensen.

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 the resolution .

COMMITTEE RECOMMENDATION:




3/25/2003
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                                     CITY OF MUSKEGON

                                     RESOLUTION #2003-                           3o h )


RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT

WHEREAS, the City of Muskegon has received $100 from Emily Jensen, 2340 Moon Street,
Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to her
property at 2355 Torrent Street (parcel #24-205-620-0004-70);

WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;

WHEREAS, the sale of this property would be in accordance with property disposition goals and
special recommendation of the Land Reutilization Committee (LRC);

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 PART OF LOT 4 BLLK 620 COM ONE LINE OF SD LOT 278.65 FT SLY OF NE
COR TH SOOD 15M W 161.85 FT TH N 22D 15M W 149.05 FT TH N 67D 45M E 62.9 FT TO
BEG be sold to Emily Jensen for $ 100.


Resolution adopted this 8th day of April, 2003.

       Ayes:    5

       Nays:    O




                                                  ···· •·· --~· :·.~
                                                       . -· . .. -- .... . ...
                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on April 8, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON



                                             By       ~a-~~
                                                          ~ CGail A. Kundinger,
                                                             Clerk
                                                          2002-30 b)
                                                  QUIT-CLAIM DEED


KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,

QUIT CLAIMS TO: EMILY JENSEN, of2340 Moon Street, Muskegon, Michigan 49441,

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

                   CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOT 4 BLK 620
                   COM ONE LINE OF SD LOT 278.65 FT SLY OF NE COR TH SOOD
                   15M W 161.85 FTTH N 22D 15M W 149.05 FTTH N 67D 45M E
                   62.9 FT TO BEG
                   (also known as 2355 Torrent Street)

for the sum of One Hundred and no/l00 Dollars ($l00.00)

This deed is exempt from real estate transfer tax pursuant to the provisions of MCL 207.505(h)(i) and MCL 207.526
(h)(i).

Dated this Jl..t.h day of _ _ _ _~A4p~rL1,_'_,_J_ _ ,, 2003




STATE OF MICHIGAN
COUNTY OF MUSKEGON
        The foregoing instmment was acknowledged before me this at.h day of          AO r; 1 , 2003, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, o'fthe CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY:                                                       .;~            )lb   00/t,., s /{:
John C. Schrier                                               Notary Public, Muskegon County\Mich$an
Parmenter O'Toole                                             My commission expires: S - ) .Y D':,
175 W. Apple Ave., P. 0. Box 786
Muskegon, Ml 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee                   WHEN RECORDED RETURN TO: Grantee



C:\DOCUME-1\anguilm\LOCALS-1\Tempv\T7942.DOC
         Commission Meeting Date:             April 8, 2003




Date:       April 1, 2003
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Approval of the 2003-2004 Action Plan


SUMMARY OF REQUEST: To approve the 2003-2004 Action Plan for
the City of Muskegon Community Development Block GranUHOME
activity. If the Action Plan is approved, the CNS will continue the
comment period of the Action Plan as amended if needed until April 22,
2003.
On April 23, 2003, the CNS office will deliver the Action Plan to the U. S.
Housing and Urban Development as required in order to request the
Release of Funds for the 2003-2004 fiscal year.

FINANCIAL IMPACT: Action Plan establishes the 2003-2004 budget.



BUDGET ACTION REQUIRED: None at this time budget established by
Action Plan.



STAFF RECOMMENDATION: To approve the Action Plan.



COMMITTEE RECOMMENDATION: None.
                                    Action Plan
                        COMMUNITY DEVELOPMENT BLOCK GRANT

                     June 1, 2003 thru May 31, 2004

                   MISSION STATEMENT & NARRATIVE SUMMARIES

To provide its residents with the ability to live in safe, decent, sanitary and attractive housing and to
assure the preservation and enhancement of the City's neighborhoods, public facilities and
infrastructure are examples of annual activities undertaken by the City of Muskegon to promote the
overall well-being of this community. This section of the Consolidated Housing & Community
Development Plan will describe eligible programs, projects and activities to be undertaken with funds
expected to be made available during the above program year and their relationship to housing and
non-housing community development needs outlined in previous sections.

                                       PURPOSE & INTENT

In accordance with the National Affordable Housing Act of 1990, the City of Muskegon must submit
an Annual Action Plan to the U. S. Department of Housing & Urban Development pursuant to its
approved Consolidated Plan 2000-2004, which identifies proposed actions toward meeting housing
and non-housing priorities. Affected programs include, but are not limited to the Community
Development Block Grant (CDBG), the HOME Investment Partnership (HOME), the Emergency
Shelter Grant (ESG), Homeless Assistance, Youth Build, and the Housing Opportunities for Persons
Living with AIDS (HOPWA) Programs.

             COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
           ANNUAL STATEMENT OF PRIORITIES & PROPOSED PROJECTS

The City's Community Development Block Grant (CDBG) program is annually funded to address the
City's short and long-term goals, needs and priorities. These goals, needs and priorities are translated
into the City's Annual Action Plan and Statement of Priorities and Proposed Projects for each
program year period. If a determination is made not to implement an activity, to carry out an activity
not previously described, or to substantially change the purpose, scope, location, or beneficiaries of
an activity, an Amendment to the active program year Action Plan will be enacted. The City's
Statement of Priorities and Proposed Projects for this period follows the Summary of Resources
below:
                           Projected Resources & Activity Summary:

       $1,217,000      FY 2003 HUD/CDBG Entitlement
          150,000      Program Income
       $1,367,000      Total CDBG funding

                                 Other Expected Federal Funding

Law Enforcement Block Grant                       89,419
Distress Neighborhood Grant                       99,099
Multi-Jurisdictional Drug &Gang                   29,600
After School Learning Centers                  1,000,000
Total                                         1,218,118
                          Summary of Priorities and Proposed Projects

The City of Muskegon proposes to undertake activities during the 2003 - 2004
program year described as follows: The Funding is based on entitlement amount of
$1,376,000

Housing Priorities & Proposed Projects

Proposed projects will aid in the elimination of blight throughout the City, which is
detrimental to life, health, and safety.

$185,000       Housing Rehab • Emergency Repair Program. Continued assistance
               to very low-income homeowners for the repair of single-purpose
               housing deficiencies that pose a serious threat to life, health, or safety.

               Locations: City/Community Wide
               Targeted Outcome: 40 Housing Units

$155,000       Housing Rehab - Siding Program. Continued assistance to provide free paint to
               low-income owner-occupants of single-family housing units, or vinyl siding to very
               low-income, owner-occupants.

               Locations: City/Community Wide
               Targeted Outcome: 90 Housing Units

$115,000       Housing Rehab• Service Delivery Costs. Funding for the administration of housing
               rehab programs and incidental costs associated with the housing rehab activities such
               as credit reports and recording fees.

               Location: City/Community Wide
               Targeted Outcome: 150 Household

$90,000        Residential Clearance. Continued funding for the board-up and demolition of
               vacant, substandard structures that are not suitable for rehabilitation.

              Locations: Census Tract 2 - Jackson Hill; 3 - Angell; 5 - McLaughlin; and 6.02
              Nelson Neighborhood
              Targeted Outcome: 15 Housing Units

$45,000       Code Enforcement. Funding for the enforcement of City ordinances with respect to
              property maintenance and neighborhood blighting influences.

              Locations: Census tract 3 - Angell Neighborhood, Census tract 5 - McLaughlin,
              Census tract 2 -Jackson Hill, Census tract 1 - Marquette, Census tract 6.02 Nelson
              Neighborhood
              Targeted Outcome: 1000 Households
Non-Housing Priorities & Proposed Projects

Proposed projects will encourage commercial and retail development by taking maximum advantage
of a variety of resources, to promote business expansion and investment in order to create a balanced
recreational, commercial, residential, educational and industrial economic climate as follows:

$245,000       Shoreline Drive Bond Repayment. Funding for payment of bond authority funds
               toward completion of the Shoreline Drive project, to be used for real property
               acquisition of affected properties.

               Location: Census Tract 7 - Central Business
               Targeted Outcome: Area Redevelopment

$30,000        Commercial Facade Improvement: Funding to assist businesses in the Western
               Street and Third Street area with exterior business improvements

               Location: Downtown Census Tract 7 and 6
               Targeted outcome: 6 businesses

Public Improvements Proposed Projects

Proposed projects will provide the impetus to insure the continued maintenance and upgrading of the
City's infrastructure, transportation and neighborhood resources as follows:

$48,500        Sidewalk Assessment Program. Continued funding of sidewalk replacement costs
               for low-income homeowners, as identified by the sidewalk replacement program.

               Location: Census Tracts - Steele Neighborhood
               Targeted Outcome: 75 Households

$40,000        Public Rehabilitation/Clean-ups. Funding to be used for maintenance of City-
               owned residential lots and other future public rehabilitation projects.
                Location: Census Tracts 1, 2 ,3 , 5, 6.01
               Targeted Outcome: 200 Lots

$70,000        Street Assessment Program. Continued funding of street replacement costs for
               special assessment levied to low income homeowners who resided in areas where
               street replacement is proposed.
Public Services & Proposed Projects

Proposed projects will support community-based organizations by promoting neighborhood self-
sufficiency and meet the under-served needs of special needs populations such as youth, the elderly,
persons with disabilities and the homeless and low-income residents.

$70,000        Recreation Programs. Continued funding of core-city youth recreation programs.
               Activities include summer/winter swimming, gym activities, basketball, family
               recreation, indoor soccer, and summer playground programs.

               Location: Census Tract 2 - Jackson Hill; 3 - Angell; 4 - East Muskegon; 5 -
               McLaughlin; 6.01- 6.02 Nelson
               Targeted Outcome: 500 Youth

 $50,000       Sr. Citizen Transit. Continued funding to provide low-cost transportation services
               for elderly residents to medical facilities, shopping centers, educational/recreational
               activities and other related destinations.

               Location: City/Community Wide
               Targeted Ontcome: 1300 Elderly

 $50,887       Special Projects/Community-Based Organizations. Continuation of grant program
               for local non-profit organizations to provide various services to low-income
               community residents.

               Location: City/Community Wide
               Targeted Outcome: 8 Community-Based Organizations
               Approximately: 10,000 individuals


                                           Management

$172,500       Management & Coordination. General management, oversight and coordination
               of CDBG activities. Funding includes cost of staff salaries and fringe benefits, office
               supplies, equipment and contingency; Contract Compliance/BO and Indirect Costs.
                CDBG PROJECTS/ACTIVITIES - 2003

            FY29- 2003 - 2004 ACTIVITIES - By RANKING




REHABILITATION - HOUSING                 455,000    33%
     Emergency Repair
     Vinyl Siding
     Administration


BOND REPAYMENT                           245,000    18%
     Shoreline Drive


PUB. FACILITIES-ASSESSMENTS              160,000    12%
     Sidewalks/Street
     Lot maintenance

GENERAL ADMINISTRATION                   172,500    13%
     General Admin.
     Affirm. Action


PUBLIC SERVICES                          198,453    12%
    Recreation Programs
    Sr. Transit
    CBO Grants Program


CODE ENFORCEMENT- HOUSING                 135,000   10%
    Code Inspections
    Residential Clearance



COMMERCIAL IMPROVEMENT                    30,000    1.8%
    Favade Improvement
              2003 HOME INVESTMENT PARTNERSHIPS PROGRAM
           ANNUAL STATEMENT OF PRIORITIES & PROPOSED PROJECTS

The HOME Investment Partnerships Program was created by the National Affordable Housing Act
of 1990, and the City of Muskegon is a designated "participating jurisdiction," which allows direct
allocations of funds from the Dept. ofHUD. Portions of these funds may be awarded to non-profit
organizations to assist with the provision of affordable housing and support services; other eligible
activities include acquisition, rehabilitation, investor/rental rehabilitation, downpayment assistance
and assistance to first-time homebuyers. The City's Statement of Priorities and Proposed Projects for
this period follows the Summary of Resources and Proposed Amendments below:

Project Resources:              $340,111

Reprogrammed Funds              $   20,000

Housing Priorities and Proposed Projects
Proposed projects will aid in the prevention of further loss of viable housing units, increase affordable
homeownership opportunities, encourage new development of affordable housing, and provide
continued support for shelter and service programs for the homeless and persons at-risk of
homelessness as follows:

$165,000        Community Housing Development Organizations. Continued assistance to support
                non-profit organizations providing housing and housing related activities, and
                activities for the needs of the homeless and those at risk of homelessness, and
                technical assistance to emerging non-profit housing organizations.           35
                Households/Citywide

$57,000        Program Administration. General management, oversight and coordination of
               HOME program activities. Funding includes staff salaries, fringe benefits, office
               supplies and equipment.

$60,000        Tax-Reverted Infill Program. Assistance to construct single-family dwelling on tax-
               reverted properties not neighborhood specified. I family/targeted neighborhood.

$50,000        Tax-Reverted Rehabilitation Program. Assistance to rehabilitate tax-reverted
               single-family structures and sell to low/moderate-income residents after rehab. 1
               family/targeted neighborhood.

$10,000        Demolition Infill. Continue program where the City uses funding to demolish tax-
               reverted and dangerous buildings owned by the City. The sites will later be used for
               new construction.
                       $340,111 - HOME PROJECTS/ACTMTIES - 2003



                  2003 HOME INVESTMENT PARTNERSHIPS PROGRAM
                                CITY OF MUSKEGON
                      COMMUNITY & NEIGHBORHOOD SERVICES
                              PROGRAM DESCRIPTION

2003 ALLOCATION OF FUNDS                                                                       $340,111
Reprogrammed funding                                                                           $ 20,000

Total HOME
$360,111

HOME Community Housing Development Organizations (CHDO's)
$165,000

As a participating jurisdiction, the City of Muskegon is required to provide opportunities for
Community Housing Development Organizations to utilize HOME funds to produce affordable
housing within the City of Muskegon. Funding will include the provision of technical assistance to
assist in building the capacity of CHOO's to produce affordable housing and for administrative
support of the organizations within the regulatory guidelines. Eligible activities include the acquisition
of vacant land or existing structures, the construction or rehabilitation of these properties for
occupancy by low to moderate-income individuals.

Tax-Reverted Infill:                                                                             $60,000

The City of Muskegon will use the allocated HOME funding to construct a single-family home on
a designated tax-reverted lot not neighborhood specifically to be located in one of the city's
low/moderate-income eligible neighborhoods. The home is to be sold to a low/moderate family
whose income is at or near 80% of the city's median income. The potential owners will be recruited
with the assistance of one of the city's CHOO' s. Downpayment assistance may be available through
the CHOO. The length of the affordability period will be determined by the amount ofHOME funds
used as a subsidy in the project. (see HOME Neighborhood Infill for additional details)

Eligible Properties

This program is proposed to provide assistance to rental property owners in the rehabilitation of
single or multi-family rental properties to bring them up to code. This program will be available for
properties with four or less rental units in the building. Priority will be given to single family rental

Program Requirements

Properties must be purchased/ occupied by low to very-low income tenants, those with incomes at
or below 80% of area median income..

Program Marketing

The City of Muskegon will actively market this program with the local rental property owners
association, area lenders, other non-profit organizations, neighborhood associations, local CHDO's
and other housing and community development related entities.
Recapture provisions
The City elects to adopt the recapture of the homebuyer subsidy. The homebuyer subsidy will be
forgiven by the City at a rate of 1/180 per month throughout the term of the affordability period.
Upon sale of the property by the homeowner within the affordability period, the homeowner will be
required to repay a prorated portion of the HOME funds used to subsidize the purchase of the home.

The property owner's return on investment at the point of sale will include:

        The amount of the homebuyer's downpayment made from their own resources
        The amount of mortgage principle repaid at the time of resale
        The appreciated value of the property (Appraised value at resale less the appraised value of
        the property at the time of purchase by the homeowner).

The homeowner will receive the full amount of the fair return only if sufficient sale proceeds remain
after all outstanding debt (including repayable HOME subsidy amounts) and closing costs are paid.
Any proceeds remaining after payment of the outstanding debt, closing costs, fair return, and any
HOME subsidy repayment will be shared 50/50 between the homeowner and the City. Any funds
repaid to the City will be returned to the HOME trust fund. Repayment of the HOME subsidy amount
will not be required is the resale does not provide sufficient net proceeds to satisfy other outstanding
debt, pay closing costs, and offer a fair return on investment to the property owner. Partial repayment
may be required based on the amount of sales proceeds received by the homeowner.

Tax-reverted Rehabilitation:                                                                   $50,000

The City of Muskegon will use this fonding to rehabilitate a single family structures obtained through
the tax-reversion process, the dangerous building list or through the U. S. Housing and Urban
Developments "Good Neighborhood Program".

The funding will be used to rehabilitate the dwelling to code. After the rehabilitation is completed
the structures will be sold to an income eligible low/moderate-income family through a partnership
with one of the communities CHDO's.

The future occupants will have incomes preferably below 65% of area median income. Any profits
obtained from this program will be reallocated to the local HOME funds. The recapture provisions
are the same as under the Infill program

Tax Reverted Demolish:                                                                         $10,000

The City of Muskegon will used this funding to assist with neighborhood revitalization efforts
By demolishing tax reverted and dangerous residential homes owned by the City. The site will be used
at a later date for Infill construction. After construction is completed the homes will be sold to
qualified low-income residents.(recapturing provision above)

HOME Administration:                                                                           $57,000

The City of Muskegon will use the funding to administer all HOME programming.
Rental Rehabilitation Program - NOT FUNDED TIDS FISCAL YEAR

This program will provide funding for the rehabilitation of existing rental units located in the City of
Muskegon occupied by families whose annual incomes do not exceed 60 percent of the median family
income for the area, adjusted for family size. The City will provide a maximum of $30,000 by
matching the owner's contribution to the rehabilitation. The property owner must contribute the
remaining development costs. Properties rehabilitated under this program must meet applicable local
building codes at the completion of the project.

Property owners will be eligible for assistance under the City's Rental Rehabilitation programs only
if there are no outstanding legal actions pending against them for chronic outstanding violations.
Landlords who have already received assistance under the HUD Rental Rehab program, the MSHDA
HOME Rental Rehab program, or the City's HOME Rental Rehab program will not be eligible for
additional assistance to the same properties. Qualifying property owners must be current on all taxes
and debts owed to the City of Muskegon prior to submitting their application for assistance, and
throughout the HOME affordability period.

Tenant Occupancy
For property receiving HOME Rental Rehabilitation assistance, the units must be occupied by families
with incomes at or below 80% of area median income, adjusted for family size. Income
determinations will be made at the time of application. Tenant occupancy and income will be re-
certified annually for the length of the applicable affordability period.

Monitoring
In compliance with CFR24 91.230 the City of Muskegon requires all funded subreceipients and
Community Housing Development Organizations (CHDO's) to sign an agreement contract listing
their intended scope of services, a delineated budget and to include all required supporting
documentation. (i.e. 501 C3 verification, list of staff demographics etc) As well as including in the
agreement all pertinent City of Muskegon and U. S. Department of Housing and Urban development
 requirements.

In addition all Subreceipeints and CHDOS are required to submit quarterly progress reports detailing
the organization/agency accomplishments during the past quarter, and or the number of minorities
and or low and moderate income residents served.

The City of Muskegon Community and Neighborhood Services also physically monitors all
Subreciepients and CHDO's at their sites once a year which includes reviewing policies, procedures
as well as activities and accomplishments.

                                           RELEVANT NARRATIVE STATEMENTS
                                       Issue: Continuum of Care Strategy for the Homeless

        Muskegon County's Continuum ofCare1 can be viewed as four interconnected phases. Phase
One is an outreach and entry phase. The homeless, near homeless, and the working poor at risk of
homelessness are identified by organizations that provide life-sustaining assistance ... shelter, food and
financial support. These entities include the Salvation Army, City Rescue Mission, Red Cross,
Community Action Against Poverty, Every Woman's Place, Catholic Human Development Outreach
and the COGIC Center of Trinity Village. Their obligation to this strategic plan is to identify and
perform an initial assessment. This process allows referral to safe shelter for the homeless and to case

1 "" •··-'·----- ,.,_ ........ TT- .••• 1 ••• n   ••   1:,: •.• I.\O~'T'n   A r>'T'H   11 •---1-   1nr\n
management services for the near homeless to prevent the loss of home.

        Phase Two is a barrier identification and case management phase. During this phase, client
issues are explored more intensely, and individual, client-driven case management plans are designed.
 Additional services from the community are then "wrapped around" the client that addresses the
barriers to safe housing and economic stability. These may include employment assessment and
training, substance abuse treatment, support services education, health and dental care provisions,
legal support, individual and family counseling and movement into a transitional living situation. The
near homeless continue to be monitored and supported to prevent their loss of home. Organizations
involved at this time include Family Centers, Legal Aid, Treatment Centers, County Employment and
Training sites, Health Care providers, and mental health specialists. It should be noted that even with
expensive services in this Phase, a lack of transitional housing can result in a "revolving door"
situation, with clients returning into Phase One.

        Phase Three continues the case management plan, with additional emphasis on self-
supporting skills such as gaining and retaining a life sustaining wage, budgeting, parenting, permanent
housing education and nutrition. Clients in this phase are moved toward permanent housing, if
previously homeless, or toward greater stability if identified originally as near homeless. Housing
education stresses home ownership as a preferred strategy over renting. In this phase, Housing
Commissions, financial institutions, neighborhood associates and the faith-based community are
included.

        Clients in Phase Four are supported in their efforts to gain and maintain a permanent
residence, both physically and financially. Section 8 housing vouchers, city renovation project grants,
and low or no-cost reclamation loans are sought for this purpose. Support services are offered as
required to continue the development and stability of the family toward self-sufficiency and economic
sustainability. Case management services taper off as clients become more self-reliant.

       Priorities in Muskegon County include support for emergency shelters, additional transition
housing units, and a computerized case management system for data collection and analysis.


Issue: Fair Housing Needs Impediments
The City of Muskegon continuously works to assure that any impediments to fair housing
opportunities are removed. It is the City of Muskegon administration position that the 2000 Census
will illustrate that the City of Muskegon has seen a shift in housing patterns in the last IO to 15 years
where minorities are residing in areas of the city formerly only occupied by white residents. Some of
the credit for this shift can be attributed to the work of the nonprofit community promotion of
homeownership and also the local realtor community, which has been promoting homeownership
throughout the City. The City of Muskegon has also increased the availability of quality housing
within the city in a number of ways. The City's Infill programs have given the opportunity to low and
moderate-income residents to purchase home they would not be able to afford with out the subsidy.

In the last decade the City of Muskegon has also experienced a significant increase in the availability
of quality rental housing. Several complexes have been built by the private market offering quality-
housing opportunities for low and moderate-income residents which includes rental assistance. Even
with the increase in available rental housing there still appears to be a need for addition rental
assistance. During the period of March 18, 2002 thru March 22 2002, the Muskegon Housing
Commission advertised open enrollment for its Section 8 vouchers/certificates a total of
approximately 1257 applications were received by the Housing Commission from the public hoping
to obtain rental assistance. January 9, 2003, Muskegon Heights had an open enrollment for their
section 8 program. A total of 1,000 applications were accepted at that time.
                             Issue:    Lead Paint Hazard Reduction

The City will continue to coordinate actions toward reduction oflead hazards in housing units with
the Muskegon County Health Department, particularly in homes occupied by children under the age
of seven(7), and with elevated blood lead levels. Although, the number of homes rehabilitated under
the City's housing programs remain a small portion of units suspected to have lead hazards, the
County Health Department continues to focus on the existence of hazards in the community and
employees various strategies through area social service agencies for abatement, education, screening
and coordination.

The City's actions toward eradication of this particular hazard to the community involves the
following:

       * Continued support and coordination with the Muskegon County Health Department;

       * Priority consideration under housing programs to households with children with elevated
         blood lead levels;

       * Allocation of CDBG/HOME funding for lead hazard abatement and remediation in
         rehabilitated homes; and

       * Provision of the most current information, data analysis, and prevention methods to the
         general public through brochures, pamphlets and other education materials on the risks of
         lead poisoning.

Under the City's HOME Program, certain activities involve the acquisition and/or sale of single-family
properties and investor-rehabilitation assistance for rental properties. Under this program, the
following actions apply for purchase, rental, and renovation of pre-1978 housing units:

       * Investor/Landlords must disclose known information on lead-based paint hazards before
         leases take effect;

       * Sellers must disclose known information on lead-based paint hazards before selling a
         housing unit; buyers have a minimum often (10) days to check for hazards; and

        * Rehabilitation activities will include specific inspection specifications and procedures for
          use by contractors performing construction services.

The City of Muskegon has worked diligently to train both its staff and its contractors in lead paint
remediation. The CNS office has four members of its staff certified in safe work practices. Its
rehabilitation inspector is certified in Lead supervision and as a Lead wiper. The City has also
financed the training of a total of 52 area contractors in safe work practices and a total of 7 as Lead
Based Paint supervisors.
The City of Muskegon Inspection department has aggressively implemented a policy that targets
substandard housing in the City, requiring that the housing is brought up to code in a quality manner
by the owner or the housing is demolished. Which eliminates the substandard housing from the City's
housing stock and also eliminates the possibility of the substandard housing being rented and or sold
to someone not in a quality condition.

Anyone wishing to make a complaint concerning housing related issues is directed to the City of
Muskegon Affirmative Action office. Last fiscal year a fair housing analysis was produced regarding
Muskegon County by the Grand Rapids Fair Housing Center. The report was financed by the cities
of Muskegon, Muskegon Heights, Norton Shores and Muskegon County.

The results of that study is currently being studied and the information derived from the report will
be used in future planning efforts.

Currently, the local Muskegon County National Association for the Advancement of Colored People
(NAACP) along with the cities of Muskegon, Muskegon Heights, Norton Shores and the County of
Muskegon are researching the possibility of reestablishing a Fair housing Center in Muskegon
County.

                                  Issue: Welfare Reform Impact

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 represents significant
changes in perceptions of'welfare reform'. The challenges represented are critical to all segments of
a given community, and the City of Muskegon is no exception. The Dept. of HUD is promoting a
three-pronged response to begin addressing this issue, and the City of Muskegon will make every
attempt to expand its partnerships with HUD, the State of Michigan, and community organizations
to provide viable services to its residents affected by the legislation by promoting the following
endeavors:

                       * Support for the creation ofjob opportunity through economic development
                         activities;

                       * Support and monitoring of innovative uses of tenant-based rental assistance
                          linking welfare recipients to jobs;

                       * Support and continued promotion of the family self-sufficiency concept;

                       * Provide supportive technical assistance when needed, to help welfare
                         recipients make the transition from dependency to work through expansion
                         initiatives, funding for supportive services and encourage initiatives that
                         provide access to education and job training.

The City acknowledges several area agencies that provide assistance and supportive services with
these common goals, and will continue to expand its role and partnerships, as debate on this issue and
its impact continue to be assessed.
Public Housing

The Muskegon Housing Commission an independent agency from the City of Muskegon is not
eligible for the Comprehensive Grant because of the number of housing units in its inventory.

The City of Muskegon was recently informed by the Muskegon Housing Commission that the
Commission has received approval for the TARC division of HUD to demolish the "infamous" eight
Turn-Key 3 homes.

The City has agreed to demolish 3 of the homes with CDBG funding. These homes are presently on
non-conforming parcels that will not meet zoning for new construction.

One of the eight homes, the city has agreed to demolish with "General funds" monies because the site
is not in a designated "low/mod" neighborhood.

Four of the currently blighted structures will be demolished with HOME funding and the structures
will replaced with new single family homes through the City's Infill efforts.

The demolition will hopefully begin by early summer of 2003.

The City will continue to work with the independent agency whenever economically and logistically
possible to help the Muskegon Commission rid itself of the troubled label.


                 HOUSJNG AND COMMUNITY DEVELOPMENT NEEDS

Conditions
The overall condition of housing units in Muskegon is good. Much of the city's substandard housing
stock has been eliminated over the past 20 years through Urban Renewal and the City's ongoing
demolition program. On the other hand the number of the city's housing units continue to need
repairs. Reinvestment in the City's housing stock has decreased with the decline in city property
values which has lead to further deterioration and a decrease in the number of units which are
suitable for rehabilitation.

Housing Needs
The greatest housing problem occurs in non-elderly renter households. In 1980 55% of the city's
low-income households were homeowners and 45% were renters. By 1990, the ratio had reversed
with only 345 of the City's very low-income households being homeowners and 66% were renters,
the 21 % increase in the very low income rental population resulted in increased demand for rental
units that are affordable to the very low-income families, most of whom need some form ofincome
or rental subsidy to meet housing needs. 1.364 or 17% of the city's total owner-occupied households
have incomes between 5 I% and 80% of the area median. This is interesting because it is 5% lower
than the percentage ofhomeowners who fall below 50% of median income. The higher percentage
of very low-income homeowners can be explained by the large numbers of elderly homeowners on
fixed incomes that fall into the very low-income category. Most of these elderly families purchased
their homes when they were employed and lack sufficient funds to maintain the homes.
Housing Market Conditions
According to the 1990 U.S. Census the City of Muskegon had 16,019 housing units; 8.079 renter;
6,700 renter and 1,249 vacant. A loss of 331 units occurred since 1980, but the loss was higher than
the City's population loss. Overall City vacancy rates have remained relatively stable. However,
among the subsidized rental properties that are designed to remain affordable to the City's low-income
residents, there are few vacancies other than normal turnover.

Affordable Housing Needs
Owner-occupied housing units and rental units are all in great need of maintenance and repair. There
is a need for additional rental subsidies for renter household. The Muskegon Housing Commission
is the designated Public Housing agency for the City. The Housing Commission has had a major
impact in the last few years creating affordable housing units. There is an extremely high demand for
Section 8 Rental Assistance. The Section 8 waiting list was recently open from March 18 thru March
22,2002. During the period the Muskegon Housing Commission received a total 1257 applications
for Section 8 rental assistance. Which illustrates the continuous need for additional rental assistance
for the low and moderate-income residents of Muskegon

Homeless Needs
The homeless exist in Muskegon County but are nearly invisible. A larger number of households are
at-risk of homelessness. These households use area food pantries, soup kitchens, and short term rent
assistance.

Precise data did not exist for the homeless and at-risk populations at the beginning of the City's five-
year plan; however changing economic trends and household demographics, have begun to formulate
a statistical database which identifies an increasing population. These trends are readily referred to
in the Muskegon Area Homeless Coalition Continuum of Care Plan, finalized during early, 1999.

This public policy approach and strategy for meeting the needs of the homeless and those populations
at risk of becoming homeless demonstrates that homelessness is not caused merely by a lack of
shelter, but involves a variety of underlying, unmet needs ---- physical, economic, and social, and
refines a stronger focus toward developing strategies to address these needs. The result has enacted
a specialized care system to move homeless persons to permanent housing with associated support
services to provide outreach, intake and assessment to be coordinated with a centralized tracking
system to define services, broad access to emergency shelters, transitional housing and record
demographic data of persons served. The expected outcome will guide the allocation of resources
addressed by the Consolidated Plan, with a broad-based approach, including focussed discussion
among surrounding municipalities, and area wide service providers to establish a balanced system
which includes emergency shelter, transitional housing, and associated supportive assistance.

Public and Assisted Housing Needs
Name of Local Housing (LHA): Muskegon Housing Commission. The Commission operates
Hartford Terrace Apartments, a 160-unit elderly/disabled housing complex; Section 8 Tenant
Assistance vouchers/certificates.

Conditions ofLHA units: There has been an effort in the last 2 years to conduct major rehabilitation
at the Housing Authority although money has been limited.
There are no current or outstanding court orders, consent decrees or formal U.S. Department of
Housing & Urban Development sanctions which act as barriers to affordable housing within the City
of Muskegon. However in order to facilitate the City's efforts, the City has requested waivers
through the Enterprise Community project, as described below:

      I.   Waiver Request - Public Assistance Programs

            The use of public assistance grants to offset employers' salary costs for newly hired public
            assistance recipients in order to help recipients get jobs and to expand jobs.


           Pilot projects which mandates job search for ADC applicants.

           Extension of Medicaid coverage to ADC clients entering the work force beyond the 12-
           month period currently provided.

           Exemption for one vehicle regardless of value from the current asset limitations.

      2.   Waiver Requests - Public Housing Facilities
           Waiver to keep elderly families only in housing for elderly and not disabled residents of
           any age.

Lead-Based Paint Strategy
The Muskegon County Health Department is the primary agency involved in the identification oflead
poisoning cases in the community and as such the lead agency for hazard identification and treatment
of persons with elevated blood levels oflead. Youth in Muskegon are at high risk for lead poisoning
for a number of reasons:

            97% of the City's housing units were built before 1979
            12% of the City's housing units are estimated in substandard condition
            26% of the City's households are below the poverty level
            41 % of the City's housing units are rental with many concentrated in the inner city

Since September 2001 the City of Muskegon has tested all structures by a lead based risk assessor
in its rehabilitation programs excluding emergency repair.

Anti-Poverty Strategy
The City of Muskegon makes concerted efforts to enhance the quality of life for all of its citizens,
including families and individuals living at or below federally established poverty standards. The
standards are defined by household income levels, tenure and makeup, extent of overcrowding and
substandard conditions, unemployment, human service needs, and homelessness.

In order to assist residents with breaking the cycle of poverty, the City has embarked on several
projects, to break the poverty cycle by implementation of several centrally focussed strategies:

       *   Encourage the improvement of existing housing conditions by continuing support ofCity-
           administered housing programs, i.e. code enforcement, low-cost comprehensive
           grant/loan repair assistance; continued encouragement and support for initiatives aimed
           at first-time homebuyers, and mortgage financing which fosters affordable housing
           opportunities, such as those currently provided by the Neighborhood Investment
           Corporation.
            activities, including training and re-training of displaced workers, the development of
            projects which target economic opportunity for designated poverty-level segments, and
            to assist new and retain/expand existing businesses.

        *    By supplying funding when available to a number of public services that work diligently
            to assist low income resident break the cycle of poverty. These public services include
            areas of assistance that focus on health especially minority community, legal services,
            childcare, transportation and education.


Coordination

As part of the community-based partnership organizations and agencies participating in the
development of the Consolidated Plan, over 100 local service providers were consulted.
Overwhehning support was provided, with many agencies offering additional programs and resources,
such as: The Muskegon Housing Commission, Muskegon Department of Social

Services (State of Michigan), Muskegon County Department of Community Mental Health,
Muskegon County Health Department, Michigan State Housing Development Authority and
Michigan Region 14 Area Agency on Aging.

The 2003 -2004 CDBG/Home activities are significantly consistent with the priorities as developed
in the 2000 - 2004 Consolidated Plan.

The City is meeting all its stated housing priorities through its partnership with the CHDO' s and its
in-house infill and emergency repair programs.

PRIORITY 1. To allocate at least the required amount of HOME funding to area CHDO's to assist
low-income with downpayment assistance and increase their ability to obtain mortgages.

PRIORITY 2. By working through the City's Infill project to increase the number of new homes
constructed within the targeted areas.

PRIORITY 3. Rehabilitate owner-occupied and rental structures through the community.

The non-housing priorities are consistent with those established in the Consolidated Plan because the
2003 - 2004 activities in this category promote small business development and overall community
economic development.

PRIORITY I. To work collaboratively to increase new employers and the availability of skilled
workforce.

PRIORITY 2. Increase developable land in the areas of commercial, industrial and residential.

PRIORITY 3. Increase number of small businesses.

The City of Muskegon public service is highly correlated with the established Consolidated Plan that
was under the category of Neighborhood Objectives. The 2003-2004 activities consist of
infrastructure improvements, recreation activities, senior programs, education support and
neighborhood improvement programming.
PRIORITY 1. Increase Leisure Services activities/facilities.

PRIORITY 2. Improve quality oflife in low/moderate income neighborhoods.

PRIORITY 3. Increase neighborhood retail opportunities

PRIORITY 4. Improve and upgrade city public safety equipment

PRIORITY 5. To continue to work with and when possible supply financial assistance to
subrecipients in the health field.

As in the past the City of Muskegon will periodically during fiscal year review its activities to assure
that the performances of its programs are meeting its goals and objectives. This will be accomplished
by reviewing subrecipients and CHDO's quarterly reports as well as conducting on-site monitoring
visits. As well as reviewing the department's performance on a monthly / quarterly basis. All
subrecipients and CHDO' s are informed in their agreements that they have one year to complete their
projects (June 1 through May 31) unless an extension is granted by the City of Muskegon Community
and Neighborhood Services

Public Comment

The City of Muskegon advertised the availability of 2003-2004 Action Plan in the Muskegon
Chronicle the county's largest daily newspaper. The comment period for the Action Plan was March
22, 2003 to April 22, 2003. The City received no comments during that period.
                         AGENDA ITEM NO. ;),oo ~ -       3'()   t·)
                  CITY COMMISSION MEETING _ _ __ _



TO:                                    AND CITY COMMISSION

FROM:


DATE:         April 2, 2003

SUBJ:         Request for Permission to Apply for 2003 USFA Grant


SUMMARY OF REQUEST:

The Fire Department is requesting City Commission permission to apply for 2003 United
States Fire administration "Assistance to Firefighters Grant Program" to provide
firefighter equipment to enhance operational safety.


FlNANCIAL IMP ACT:

$11,300 match through department capital funds.



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION

Staff recommends approval of grant application to USFA for fire equipment acquisition.


COMMITTEE RECOMMENDATION:
    April 2, 2003



    Honorable Mayor and City Conunission
    Through the City Manager

    Re: 2003 United States Fire Administration Grant Request

 Dear Mayor and Commissioners:

    I am requesting permission to submit for the 2003 United States Fire Administration
    "Assistance to Firefighters Grant Program". These grants tlu-ough FEMA provide funds
    to the local jurisdictions for programs to both protect citizens and our firefighters.

 for 2003, our program is an enhancement to our emergency operations equipment. Th.is
 grant will provide updates to self-contained breathing apparatus, vehicle
 communications, and fire ground communications.

 The anticipated result will be a reduction in the number of potential injuries and fire
 deaths in households and fire depaiiment staff.

  Proposed $112,845.00 grant will require a 10% local match. This will be accomplished
. through department capital funds. There is no additional department staff requested,
  since existing personnel can provide this level of delivery.

~        rely,

~;{_ Q_
 Patrick Simps~        ,____.
 Fire Chief
         Commission Meeting Date:            April 8, 2003




Date:       April 1, 2003
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Community Development Block Grant/HOME Final
            allocation decision


SUMMARY OF REQUEST: For the City commission to make their final
allocation decision concerning the 2003-2004 CDBG/HOME fiscal year.

The Commission has received the recommendation from the citizen
District Council and the City administration. The commission made their
preliminary recommendations during the March 18, 2003 City
Commission meeting.

After receiving the Commissions final allocation decision, the CNS office
will amend the City's 2003-2004 Action plan if needed and continue the
comment period until April 22, 2003. At that time, the City will request
the U. S. Housing and Urban Development department for the release of
the funds for the 2003-2004 fiscal year to begin June 1, 2003.

FINANCIAL IMPACT: The decision will determine the CDBG/HOME
budget for 2003-2004.

BUDGET ACTION REQUIRED: The decision will establish the budget.

STAFF RECOMMENDATION: The Commission has already received
the staff recommendation.

COMMITTEE RECOMMENDATION: The Commission has already
received the Citizen's District Council recommendations.
                                             2003 - 2004 CDBG / HOME ACTIVITY
                                                                                                               City Commission
                                                                 Administration    Citizen Distsrict Council      Preliminary        City Commission
           Organization Name/Program Tith,   Amount Requested   Recommendation        Recommendation           R~C_QJn_mend_ijtion    Final Deci~iQO
 1 West Ml Veterans                                     5,000              5,000                       5,000                 5,000
   Veterans Assistance
 2 American Red Cross                                   5,000              5,000                       5,000                 5,000
   Senior Transportation
 3 Western Ml Legal Services                           38,504             10,500                      10,500                10,500
   Counseling/Legal Education
 4 Volunteer Muskegon                                   5,000              5,000                       5,000                 5,000
   Mapping
 5 Volunteer Muskegon                                   5,000              5,000                       5,000                 5,000
   Keep Kids In School
 6 HealthCARE                                           6,887              6,887                       6,887                 6,887
   Health screening to /ow-income
 7 Muskegon Community Health Project                    5,000              5,000                       5,000                 5,000
   "Miles for Smile Dental Services"
 8 Pioneer Resources                                    8,580                  0                           0                     0
   Rec & Leisure for Develop Disabilities
 9 Family Service Center                               15,000              8,500                       8,500                 8,500
   DAD'S Program
10 Bishop Daycare & Learning Center                    25,000                  0                           0                     0
   Education Program Expense
11 Youth Outreach                                      79,900                  0                           0                     0
   Purchase of Building
12 Inspections                                        155,000             90,000                      90,000                90,000
   Demolition
13 Community and Neighborhood Services                185,000            172,500                     172,500               172,500
   Administration
                                                                                                                   City Commission
                                                                        Administration   Citizen Distsrict Council    Preliminary     City Commission
             Organization Name/ProgramTitJe        Amount Requested    Recommendation        Recommendation        Recommendati<>_I)_  Final Decision
14   Community and Neighborhood Services                    165,000              155,000                   155,000            155,000
     Vinyl Siding Program
15   Community and Neighborhood Services                    190,000              185,000                 185,000            185,000
     Emergency Repair Program
16   Community and Neighborhood Services                    115,000              115,000                 115,000            115,000
     Rehab Service Deliver Program
17   Planning/DPW                                            50,000               40,000                  40,000             40,000
     Lot Clean up
18   Community and Economic Development                      45,000               45,000                  45,000             45,000
     Code Enforcement
19   Community and Economic Development                      50,000               30,000                  30,000             30,000
     Fagade
20   Finance                                                245,000              245,000                 245,000            245,000
     Repayment of Shoreline Dr. Bond Project
21   Depart of Public Works                                  60,211               50,000                  50,000             50,000
     Senior Transit
22   Engineering I CNS                                       50,000               48,500                  48,500             48,500
     Sidewalk Assessment Relief
23   Engineering/ CNS                                        80,000               70,000                   70,000            70,000
     Street Assessment Relief
24   Leisure Services                                        77,000               70,000                   70,000            70,000
     General/Inner-City Recreation
25   CNS/Fire                                                 3,500                    0                        0                 0
     Operation "Save Lives"
     Total CDBG Request/Recommendations            $       1,669,582   $       1,366,887   $           1,366,887    $     1,366,887   UNDETERMINED

     Total CDBG Allocation                                 1,217,000           1,217,000               1,217,000          1,217,000         1,217,000
     Program/Reprogram Income                                150,000             150,000                 150,000            150,000           150,000
     Total                                                 1,367,000           1,367,000               1,367,000          1,367,000         1,367,000

     Total CDBG Allocation - Request= Difference   $        (452,582) $          113.00    $              113.00    $           113          #VALUE!
                                                                                                             City Commission
                                                                    Administration Citizen Distsrict Council    Preliminary  City Commission
          OrganizatiQ!l Name/Program Title      Amount Requested   Recommendation      Recommendation        Recommendation   Final Decision
1 Neighborhood Investment Corp.                          130,350             85,000                 85,000            85,000
  Housing Rehab, Neighborhood Imp.
2 Bethany                                                 73,000             55,000                 55,000            55,000
  Housing Rehabilitation
3 Habitat for Humanity                                    35,000             25,000                 25,000            25,000
  Acquistion
4 Community and Neighborhood Services                     80,000             60,000                 60,000            60,000
  Tax-Reverted Infill
5 Community and Neighborhood Services                     60,000             50,000                 50,000            50,000
  Tax-reverted Rehabilitation
6 Community and Neighborhood Services                     10,000             10,000                 10,000            10,000
  Demolition
7 Community and Neighborhood Services                     57,000             57,000                 57,000            57,000
  HOME Administration
 Total HOME Request/Recommendations             $-       445,350   $       342,000    $            342,000   $      342,000    UNDETERMINED

  Total HOME Allocation                                  320,000           340,111                 340,111          340,111          340,111
  Program/Reprogram Income                                                   20,000                 20,000           20,000           20,000
  Total                                                  320,000           360,111                 360,111          360,111          360,111

  Total HOME Allocation - Request= Difference   $        (125,350) $         18,111   $             18,111   $       18,111      #VALUE!
Date:        April 8, 2003
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Terrace Street, Iona to Peck


SUMMARY OF REQUEST:
The Terrace St., Iona to Peck contract be awarded to Grant tower Excavating of Grant, Ml.
Grant Tower was the lowest, see attached bid tabulation, responsible bidder with a bid
price of $484,784.45.


FINANCIAL IMPACT:
The construction cost of $484,784.45 plus related engineering expenses.



BUDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:
Award the contract to Grant Tower Excavating



COMMITTEE RECOMMENDATION:
                                                 H-1567, W-633, S-578 TERRACE ST. IONA AVE. to PECK ST.
                                                                             BID TABULATION - 03/18103
                                                      CONTRACTOR              GRANT TOWER EXC            ORTH RIVER EXCAVATIN         WADEL STABILIZATION       RINCE BRIDGE & MARIN
                                                         ADDRESS                 13064 VVlSNER              9918 N. RIVER RD             2500 OCEANA DR POBOX510
                                                        CITY/ST/ZIP             GRANT. Ml 49327     NEWAYGO. Ml 49337     HART. Ml 49420-8116     GRAND HAVEN, Ml 49417
                   DESCRIPTION                          QTY      UNIT        UNIT PRICE OTAL PRIC UNIT PRICE OTAL PRIC UNIT PRICE TOTAL PRICE UNIT PRICE OTAL PRIC
      ADJUST MANHOLE CASTING                                     EACH            5443.00  $5,316.00   5300,00  $3,600.00   $400.00
 '    ADJUST WATER VALVE CASTING                         "                       $156.00    $156.00   $300.00    5300.00   $250.00
                                                                                                                                        $4,800.00     S250.00  $3,000.00

 '    AGGREGATE BASE COURSE 22A@ a·· C.I.P.              '
                                                        5775
                                                                EACH
                                                                SQ.YD              S5.10 $29,452.50     S6.50 S37.537.50
                                                                                                                                          $250.00     $100.00    $100.00

 '    BENDS D.CJ. 6" 45° M.J.
                                                         •      EACH             $147,00  S1.176.00   $250.00  $2,000.00
                                                                                                                             S5.50     $31,762.50       S8.00 $46,200.00

'     BENDS D.CJ. 8" 45• M.J
                                                                                                                           $500.00      $4,000.00     $150.00  $1,200.00

 '    BIT. LEVELING MIX 3C@ 165#/S.Y                     "      EACH             $203.00 $10.353,00
                                                                                  S48.50 $24.541.00
                                                                                                      $325.00 $16,575.00
                                                                                                       S42.95 S21,732.70
                                                                                                                           $500.00     S25,500.00     $175.00  $8,925.00

T '   BIT. TOP MIX 4C MOO. POYLMER ASPH.@ 220#/S.Y      "'
                                                        '°'
                                                                 TON
                                                                 TON              S47.60 $33.558.00    S49.80 S35,109.00
                                                                                                                            $39.04
                                                                                                                            $45.27
                                                                                                                                       $19,754.24
                                                                                                                                       $31,915.35
                                                                                                                                                       $39.05 $19,759.30
                                                                                                                                                       $45.30 $31,936.50
  • CATCH BASIN  CASTING E,J.#5105 OR EQUAL
                                                         '      EACH             $583.00    S583.00   $500.00    $500.00   $450.00        $450.00     $310.00    $310.00

 '10 CATCH BASIN CASTING E.J.11!104S OR EQUAL
     CATCH BASIN FLAT TOP                                "      EACH             $622.00  S8,086.00
                                                                               $1,010.00 $14.140.00
                                                                                                      $550.00
                                                                                                      $250.00
                                                                                                               $7,150.00
                                                                                                               $3,500.00
                                                                                                                           $475.00
                                                                                                                         $1,250.00
                                                                                                                                        $6,175.00     $380.00  $4,940.00

                                                          "     EACH                                                                   S17,500.00   51,250.00 $17.500.00

"12 CEMENT
     CONC. BASE COURSE 8"'                                '      TON
                                                                SQ.YO.
                                                                                 5158.00
                                                                                  S21.00
                                                                                            S790.00   $165.00    $825.00     $0.01          $0.05     $100.00    S500.00

13 CONC. CURB 6"x 14"                                    "      LIN.FT.           $10.00
                                                                                            S546.00
                                                                                            S240.00
                                                                                                       $21.18
                                                                                                       $10.00
                                                                                                                 $550.68
                                                                                                                 $240.00
                                                                                                                            S30.00
                                                                                                                            $15.00
                                                                                                                                          $780.00
                                                                                                                                          $360.00
                                                                                                                                                       $40.00  $1.040.00

14 CONC. CURB & GUTTER F-4 MOD.                          "
                                                        3100    LIN.FT.            $9.75 $30,225.00     $8.53 $26,443.00    S11.00     $34,100.00
                                                                                                                                                       $12.00    $288.00
                                                                                                                                                        S8.75 $27,125.00
15 CONC. DRIVE APPROACH 6" STD                                  SQ.YO.            S22.50 $12.487.50    S22.28 $12,365.40               $16,650.00
16 CONC.SIDEWALK4"                                       '"
                                                        7517    SO.FT.             $2.25 $17.048.25     $2.20 $16,669.40
                                                                                                                            S30.00
                                                                                                                             $2.75     S20,836.75
                                                                                                                                                       $23.40 $12.987.00
                                                                                                                                                        S2.00 $15.154.00
17 CONC.SIDEWALK6"                                      1035    SO.FT.             $2.50  $2,587.50     S2.48  $2,566.80     S3.00      $3,105.00       $2.50  S2.587.50
18 CORP. STOP 1" MUELLER #15000 OR EQUAL                                         $392,00 $10,192.00
19 CROSSD.C.l.8"'x8"M.J.                                 "      EACH
                                                                                 S561.00  $1,122.00
                                                                                                      $275.00
                                                                                                      $650.00
                                                                                                               $7,150.00
                                                                                                               $1,300.00
                                                                                                                           $450.00
                                                                                                                           $375.00
                                                                                                                                       $11,700.00
                                                                                                                                          $750.00
                                                                                                                                                       $60.00  S1.560.00

20 CURB STOP l"'W I BOX MUELLER #15150 OR EQUAL           '     EACH
                                                                                 $451.00     $8,569.00       $130.00     $2,470.00
                                                                                                                                                      $440.00    S880.00

21 CURB STO-' 2" W /BOXFORD B44-777M OR EQUAL            "      EACH
                                                                EACH            $764.00      S1.528.00       S200.00       $400.00
                                                                                                                                        S450.00
                                                                                                                                       $750.00
                                                                                                                                                    $8,550.00
                                                                                                                                                    $1,500.00
                                                                                                                                                                   $110.00    $2,090.00

22 HYDRANT STD.                                           '     EACH           $1,290,00     $9,030.00     $1,750.00    $12,250.00    $1,550.00
                                                                                                                                                                   $290.00      S580.00

23 MACHINE GRADING MOO                                    '
                                                        15,44    $TA_         $2,480.00     $38,291.20     $2,500.00    $38,600.00     $750.00
                                                                                                                                                   $10,850.00
                                                                                                                                                   $11,580.00
                                                                                                                                                                 $1,600.00
                                                                                                                                                                  $300.00
                                                                                                                                                                             $11,200.00
                                                                                                                                                                              $4,632.00
24 MANHOLE CASTING E.J.#1000 OR EQUAL
25 MANHOLE STD. 4' 1.D. o· TO 10' DEEP                   "'     EACH
                                                                EACH
                                                                                S596.00
                                                                              $1.346.00
                                                                                            S12,516.00
                                                                                            $12,114.00
                                                                                                            $500.00
                                                                                                           $1,600.00
                                                                                                                        $10,500.00
                                                                                                                        $14,400.00
                                                                                                                                       $550.00
                                                                                                                                      $1,500.00
                                                                                                                                                   $11,550.00
                                                                                                                                                   $13,500.00
                                                                                                                                                                   $300.00
                                                                                                                                                                 $1,425.00
                                                                                                                                                                              $6,300.00
                                                                                                                                                                             $12,825.00
26 MANHOLETAP15"                                                                S420.00        $840.00      $350.00       $700.00
27    RECONSTRUCTING MANHOLES                             '     EACH
                                                                 V.FT.          $300.00        $900.00      $225.00       $675.00
                                                                                                                                      $1.250.00     $2,500.00      $SOD.OD    $1,000.00

28    REDUCERS a· TO 4" 0.C.I. M.J.                       '                     $250.00        $SOD.OD      $325.00       $650.00
                                                                                                                                       $275.00
                                                                                                                                       $200.00
                                                                                                                                                     $825.00       S450.00    $1,350.00

29 REDUCERS 8" TO 6" O.C.I. M.J.                          '     EACH
                                                                                S225.00      $2,025.00      $375.00
                                                                                                                                                      $400.00      $125.00      $250.00

30 REMOVING BIT. DRIVE APPROACH WI CONC. CURB             '     EACH
                                                                SQ.YD             $4.00        $380.00        $7,00
                                                                                                                         $3.375.00     $200.00      $1,800.00     $150.00     $1,350.00

      REMOVING CATCH BASIN                               "                      $220.00      $2,640.00      $300.00
                                                                                                                          S665.00
                                                                                                                         $3,600,00
                                                                                                                                         $4.50        S427.50      S11.00     $1,045.00

"
32    REMOVING CONC. DRIVE APPROACH                      "      EACH
                                                                SQ.YO             $1.50        $622.50        $9.00
                                                                                                                                       $200.00
                                                                                                                                         $4.50
                                                                                                                                                    S2.400.00     $400.00     $4,800.00

33    REMOVING CONC. SIDEWALK                            "'
                                                        8881    SQ.FT.            $0.15      $1,332.15        $1.00
                                                                                                                         S3.735.00
                                                                                                                         $8,881.00       $0.75
                                                                                                                                                    S1.867.50
                                                                                                                                                    $6,660.75
                                                                                                                                                                   S10.00
                                                                                                                                                                    $1.75
                                                                                                                                                                              $4,150.00
                                                                                                                                                                             $15,541.75
34    REMOVING MANHOLE                                                          S222.00      $5,772.00
35    REMOVING PAVEMENT                                  "
                                                        6800
                                                                EACH
                                                                SQ.YO.            S0.94      $6,392.00
                                                                                                           $500.00
                                                                                                              $9.00
                                                                                                                        $13,000.00
                                                                                                                        $61,200.00
                                                                                                                                       S300.00
                                                                                                                                         $5.00
                                                                                                                                                    $7,800.00
                                                                                                                                                   $34,000.00
                                                                                                                                                                  $400.00
                                                                                                                                                                    $5.00
                                                                                                                                                                             $10.400.00
                                                                                                                                                                             $34,000.00
36    REMOVING TREES 13" TO 24"                                                 $350.00        $350.00     $675,00        $675.00
37    REMOVING TREES 25" TO 36"                          '      eACH
                                                                eACH            S650.00        $650.00    $1,200.00      $1,200.00
                                                                                                                                       $550.00       S550.00      S250.00       $250.00

38 SANITARY SEWER SERVICE 6" SOR 35                      '
                                                        rn      LIN.   FT        $16.00      $6,992.00       $18.00      S7.866.00
                                                                                                                                       $750.00
                                                                                                                                        $25.00
                                                                                                                                                     $750.00
                                                                                                                                                   $10,925.00
                                                                                                                                                                  S400.00
                                                                                                                                                                   $30.00
                                                                                                                                                                                $400.00
                                                                                                                                                                             $13,110.00
39 SANITARY SEWER 8"' SOR 35                                    LIN.   FT.       $21.00      $1,932.00       $30,00      $2,760.00
40 SANITARY SEWER 15" SOR 35                            "
                                                        2385    LIN.   FT.       $18.75     $44,718.75       $37.00     $88.245.00
                                                                                                                                        $28.00
                                                                                                                                        $34.00
                                                                                                                                                    $2,576.00
                                                                                                                                                   $81,090.00
                                                                                                                                                                   $32.00
                                                                                                                                                                   $34.00
                                                                                                                                                                              $2.944.00
                                                                                                                                                                             $81,090.00
   SANITARY SEWER 16" O.C.I. CL.52                              LIN.   FT.       $50.00
"42   SANITARY SEWER WfE 15"x 6" SOR 35                 "       EACH            $190.00
                                                                                             $2,200.00
                                                                                             $4,370.00
                                                                                                             $50.00
                                                                                                            $225.00
                                                                                                                         S2,200.00
                                                                                                                         $5,175.00
                                                                                                                                        $50.00
                                                                                                                                        $175.00
                                                                                                                                                    $2,200.00
                                                                                                                                                    $4,025.00
                                                                                                                                                                   $85.00     S3.740.00

43    SLEEVES LONG 4" D.C.I. M.J.                       "                     $1,915.00      $3,830.00      5300,00        S600.00    $1,000.00     $2,000.00
                                                                                                                                                                  $225.00     S5.175.00

«     SLEEVES LONG 6" D.C.I. M.J.                       '       eACH
                                                                              $1,952.00     $17,568.00      $350.00      $3,150.00    $1,000.00
                                                                                                                                                                  $370.00       S740.00

45    SLEEVES LONG 8" D.C.L M.J                          '      eACH
                                                                              $2,023.00      $4,046.00      $400.00        $800.00    $1,000.00
                                                                                                                                                    $9,000.00     $390.00     $3,510.00

46    STORM SEWER 10" SOR 35                            '       EACH
                                                                LIN. FT.         $21.50      $9,503.00       $23.00     $10,166.00
                                                                                                                                                    $2,000.00     $450.00       S900.00

41    TEE 0.C.I. 8" x 8" x 6" M.J.                      "'                      $295.00      $2.065.00      $525.00      $3,675.00
                                                                                                                                        S34.00     $15,028.00      $32.00    $14,144.00

48    TEE 0.C.L 8" x 8" x 8" M.J                         '      EACH
                                                                                $315.00      $2,205.00      $550.00
                                                                                                                                       $300.00      $2,100.00     $400.00     $2,600.00

49 TERRACE GRADING                                       '
                                                        1571
                                                                EACH
                                                                LIN. FT.          $5.60      S8,797.60       $15.00
                                                                                                                         $3,850.00
                                                                                                                        S23,565.DO
                                                                                                                                       $325.00
                                                                                                                                          $9.75
                                                                                                                                                    $2,275.00
                                                                                                                                                   $15,317.25
                                                                                                                                                                  $420.00
                                                                                                                                                                    S14.00
                                                                                                                                                                              $2,940.00
                                                                                                                                                                             $21,994.00
50 TRAFFIC CONTROL                                              LUMP          $4,150.00      $4,150.00
51 VALVE6"GATEM,J,W/60X
                                                         '
                                                         7      EACH            $510.00      $3,570.00
                                                                                                          $5,500.00
                                                                                                            $700.00
                                                                                                                         $5,500,00
                                                                                                                         $4,900.00
                                                                                                                                     $15,000.00
                                                                                                                                       $600.00
                                                                                                                                                   $15,000.00
                                                                                                                                                    $4,200.00
                                                                                                                                                                 S4,000,00
                                                                                                                                                                  $560.00
                                                                                                                                                                              $4,000.00
                                                                                                                                                                              $3,920.00
52    VALVE 8"GATE M.J. W/SOX                                   eACH            S571.00      $9,136.00      $600.00     $12,800.00     $750.00     $12,000.00     $725.00    $11,600.00
53 WATERMAIN4"0.C.I.Cl.52                               "       LIN. FT.         $59.00       $354,00        $50.00       S300.00       S50.00        $300.00      $35.00       5210.00
54 WATERMAIN s• O.C.I. CL. 52                           '       LIN. FT.         $28.00      $3,360.00       $28.00      S3,360.00      S23.50      $2,820.00      $30.00     $3,600.00
55 WATERMAIN 8" D.C.I. CL. 52                           "'
                                                        1868    LIN. FT.         S18.00     $33,624.00       $32.00     $59,776.00      $28.00     $52,304.00      $30.00    $56,040.00
56 WATERMAIN TAP 2"W I CORP. STOP PER DETAIL                     EACH           $611.00        5611.00      S500.00       S500.00      $750.00        $750.00     $500.00
57 WATER METER PIT COMPLETE                               '                   $1,113.00      $2,226.00      S500.DO      $1.000.00     $650.00      $1,300.00     $650.00
                                                                                                                                                                              S500.00

56 WATER SERVICE 1" TYPE "K" COPPER                     '       EACH
                                                                UN. FT           S13.50     $10,759.50       $15.00     $11,955.00       S4.00      $3,188.00
                                                                                                                                                                            S1.300.00

59 WATER SERVICE 2" TYPE "K" COPPER                     "'      LIN. FT.         S27.00      $1,620.00       S15.00       $900.00       $10.00        $600.00
                                                                                                                                                                   $17.00 $13,549.00
                                                                                                                                                                   $35.00   S2.100.00
60 WATER VALVE BOX COMPLETE                             "       EACH             $95.00         $95.00      $350.00       $350.00      S250.00        $250.00     S240.00     $240.00
                                                          '
                                                       TERRACE TOTAL                       $484.784.45                 $626,483.48                $589,147.89             $558,302.05
                                               H-1567, W-633, S-578 TERRACE ST. IONA AVE. to PECK ST.
                                                                         BID TABULATION - 03/18/03
                                                     CONTRACTOR          KAMMINGA & ROODVOETS                        JACKSON-MERKEY                       MILBOCKER & SONS                     DAN HOE EXCAVATING
                                                        ADDRESS          3435 BROADMOOR AVE SE                     555 E WESTERN AVE                           1256 29TH ST                       13664 ROCKY'S RD
                                                       CITY/ST/ZIP       GRAND RAPIDS. Ml 49512                 MUSKEGON. Ml 49440                   ALLEGAN, Ml 4901 0                   HOLLAND, Ml 49424
                    DESCRIPTION                       QTY      UNIT      UN!T PRICE TOTAL PRICE UNIT PRICE TOTAL PRIG UNIT PRICE TOTAL PRIG UNIT PRICE TOTAL PRICE
1    ADJUST MANHOLE CASTING                             12     EACH              $340.00          S4,080.00           $440.00              ,280.00       $260.00          $3,120.00            $350.00            $4,200.00
2    ADJUST WATER VALVE CASTING                          1     EACH              $300.00              $300.00         $350.00             $350.00        $250.00              $250.00          $200.00                $200.00
3    AGGREGATE SASE COURSE 22A@ 8" C.I.P.             5775    SQ.YD.                  $6.00   $34,650.00                   $5.50    $31,762.50                $5.95    $34,361.25                    $6.50     $31,037.50
 4   BENDS D.C.I. 6" 45° M.J.                            8     EACH              $265.00         $2,120.00            $210.00          $1,680.00         $200.00          $1,600.00            $150.00            $1,200.00
 5   BENDS D.C.I. 8" 45° M.J.                           51     EACH              $250.00      $12,750.00              $260.00       $13,260.00           $250.00       $12,750.00              $200.00         $10,200.00
 6   BIT. LEVEUNG MIX 3C@ 165#/$.Y.                    506     TON                 ;i:,39.50  ,t,1\:1,987.00             $39.05     ,t,1\:1,759.30         $39.04      ;i:,19,ro4.24              $39.10       ,t,19,,84.60
 7   BIT. TOP MIX 4C MOD. POYLMER ASPH.@220#/S.Y.      705     TON                 ::,45.50   ::,32,077.50               $45.30     $31,936.50             $45.27      ::,31,910.35              ::,45.30      $31,936.50
 8   CATCH BASIN CASTING E.J.#5105 OR EQUAL              1     EACH              $275.00              $275.00         $510.00             $510.00       $530.0[               $530.00         .-50.00                 $450.00
 9   CATCH BASIN CASTING E.J.#7045 OR EQUAL             13     EACH              .,300.00        .,3,900.00           $510.00          $6,630.00         $415,00         $5,395.00            :i:;500.00          :i;s,..,00.00
10   CATCH BASIN FLATTOP                                14     EACH          $1,000.00        $14,000.00         $1,350.00          $18,900.00       $1,150.00         $16,100.00             ;i:,220.00          $3,150.00
11   CEMENT                                              5     TON               $150.00              $750.00         $160.00             $800.00       $150.00               $750.00          $125.00                $625.00
12   CONG. BASE COURSE 8"                              26     SQ.YD.               $40.00        $1,040.00               $20.40           $530.40          $19.25             $500.50             $40.00          ,1,1,040.00
13   CONG. CURB 6"x 14"                                24     LIN. FT.             :i,1o.OO           :ti360.00            $9.60          :!i230.40           $9.00           ;'l:1216.00         $12.50              $300.00
14   CONG. CURB & GUTTER F-4 MOD.                     3100    LIN. FT.             ::,10.00   ::,31,000.00                 $8.70    $27,125.00                ::,7.,5  $24,025.00                    :i>S.25   :i;28, ... , ... oo
15   CONG. DRIVE APPROACH 6" STD.                      555    SQ.YD.               $30.00     $16,650.00                 $21.50     $11,932.50             $20.25      $11,238.75                 $24.00       $13,320.00
16   CONG. SIDEWALK 4"                                7577    SQ.FT.                  ...2.25 ... 11,048.25                $2.10    $15,911.70                $2.00    $15,154.00                    ,1,2.35   $11,805.95
17   CONG. SIDEWALK 6"                                1035    SQ.FT.                  $3.25      $3,363.75                 :!i2.40     $2,484.00              ::i;2.25   $2,328.15                   $3.00        ,1,3, 105.00
18   CORP. STOP 1" MUELLER #15000 OR EQUAL             28      EACH              :i>150.00       :i;3,900.00          ,t,e225.00           ,8::>0.00       :i;20.00           ;'l:1520.00     .j)LU0,00           :i;5,200.00
19   CROSS O.C.I. B"x 8" M.J.                          2       EACH              ,1,500.00       ::,1,000.00          $430.00             ::,860.00     ,1,390.00             ,1,180.00       ::,450.00               $900.00
20   CURB STOP l"W/BOX MUELLER#15150 OR EQUAL          19      EACH              ,1,160.00       .:i,3,040.00         $250.00          ~,100.00         S300.00           $5,700.00           ,1,2..::::,.00      :i>4,275.01
21   CURB STOP 2" W /BOXFORD B44-777M OR EQUAL         2       EACH              .,22..,.00           -.1450.00       $345.00             :6690,00      :ii375.00             .j)/<.J0.00     :6325.00                $650.00
22   HYDRANT STD.                                      7       EACH          ::,1,500.00      $10,500.00         $1,395.00            ::;9,765.00    $1,400.00           ::;9,800.00      :))1,600.00          :!i11,200.00
23   MACHINE GRADING MOD.                             15.44     STA.         .:i,1,800.00     $27,792.00              $775.00       $11,966.00       $1,840.00         .:i,28,409.60      ,1, 0.00             :i>23,932.00
24   MANHOLE CASTING E.J.#1000 OR EQUAL                21      EACH              $200.00         -.,4,200.00          !5500.00      $10,500.00          $400.00          $8,400.00            .:i,350.00         ., ' 0.00
25   MANHOLE STD. 4' 1.0. O' TO 10' DEEP                9      EACH          $1,950.00        $17,550.00         ,t,e1 ,390.00      ::;12,510.00     $1,520.00         ::;13,725.00       $1,800.00            $16,200.00
26   MANHOLE TAP 15"                                    2      EACH          ::,1,300.00         :i,2,600.00          $675.00          $1,350.00        $200.00               $400.00         :i>S00.00           $1,0uo.oo
27   RECONSTRUCTING MANHOLES                            3      V.FT.             $200.00              $600.00         $460.00          $1,380.00        $180.00               ..,540.00       ,1,100.00               .i,3v0.00
28   REDUCERS 8" TO 4" D.C.I. M.J.                      2     EACH               :i;300.00            $600.00         :ti190.00           $380.00       :i;310.00             :i;620.00        $175.00                -.,350.00
29   REDUCERS 8" TO 6" D.C.I. M.J.                      9     EACH               :t32o.OO        $2,925.00            :i>200.00        $1,800.00        $315.00          :!i2,835.00           $190.00            $1,710.00
30   REMOVING BIT. DRIVE APPROACH W f CONG. CURB       95     SQ.YO.                  Jl4.00          :i,380.00            $7.00          $665.00             $6.00                 0.00             ;i:6.00          ;i:570.00
31   REMOVING CATCH BASIN                              12      EACH              ..,330.00       -.,3,960.00          :5475.00         $5,700.00        :±i210.00        $2,520.00            -.,150.00          ;i:1,800.00
32   REMOVING CONG. DRIVE APPROACH                    415     SO.YD.                  $4.00      $1,660.00                   8.75      $3,631.25              $4.90      :!i2,033.50                 So.OD        $2,07::>.00
33   REMOVING CONG. SIDEWALK                          8881    SO.FT.                  ...0.60          ,328.60               0.9i      $8,436.95              -.,0.36    ;i:,3,197.16                ::,1.00     ::,8,881.00
34   REMOV\NG MANHOLE                                  26      EACH              $300.00         ..,?,800.00                 ;.,,00 $14,950.00          :±i210.00        $5,460.00             $200.00           .:i,5,200.00
35   REMOVING PAVEMENT                                6800    SO.YD.                  ::,o.50 :i:;37,400.00                  6.25   :i;42,5u0.00              :i;S.20  :i;35,360.00                  :t,8.00  $54,400.00
36   REMOV!NG TREES 13" TO 24"                          1      EACH              $400.00              J>40U.00        $580.00             J1080.00      $150.0l               $150.00         .:i,250.00              ::,250.00
37   REMOVING TREES 25" TO 36"                          1      EACH             $600.00              $600.00          $880.00             $880.00       $500.00               $505.00         .:i,450.00              $450.00
38   SANITARY SEWER SERVICE 6" SOR 35                 437     LIN. FT.             :i>28.00   .,12,236.00                $29.00     $12,6(3.00             $29.00      $12,673.00                $35.00       .:i,15,295.00
39   SANITARY SEWER 8" SOR 35                          92     UN. FT.              ::,40.00      :i,3,680.00             :i,35.00      $3,220.00           $18.00        ,t,e1 ,656.00           :!i40.00         $3,680.00
40   SANITARY SEWER 15" SOR 35                        2385    LIN. FT.             ::,35.00   $83,475.00                $39.80      :i>94,923.00                 2.20  $52,947.00                ;'l:160.00 :ii143,100.00
41   SANITARY SEWER 16" O.C.I. CL.52                   44     LIN. FT.          .:i,100.00       $4,400.00              $55.00        $2,420.00            $59.00        ::,2,596.00             .:i,65.00       ;i:,2,860.00
42   SANITARY SEWER WfE 15"x 6" SOR 35                 23      EACH             .,225.00         $5,11::>.00          $180.00         $4,140.00         $120.UO          $2,875.00            s 175.00           -.,4,025.00
43   SLEEVES LONG 4" D.C.L M.J.                        2       EACH             $600.00          $1,200.00            $390.00             $780.00       ,t,e115.00            :i>230.00       ~1/5,00                $3..,0.00
44   SLEEVES LONG 6" D.C.L M.J.                        9       EACH             .:i,650.00       ::,5,850.00          $490.00         $4,410.00         ::,150.00        :i>1,350.00          ;i:,200.00         :!i1,800.00
45   SLEEVES LONG 8" D.C.I. M.J.                       2       EACH             .,700.00         .:i,1,400.00              60.00         1,120.00       !!>200.00             ..,400.00       S22o.OO                .:i,450.00
46   STORM SEWER 10" SOR 35                           442     LIN. FT.             $23.00     $10,166.00                :ti22.00         9,724.00          $19.50        $8,619.00               $30.00       $13,260.00
47   TEE D.C.I. 8" x 8" x 6" M.J.                      7       EACH             $350.00          :i>2,450.00         $270.00             1,890.00             6::>.00    $1,855.00            :i>300.00          $2,100.00
48   TEE 0.C.I. 8" x 8" x 8" M.J.                      7       EACH             .:i,370.00       $2,625.00           $295.00           &?,065.00        $285.00          ,1,1,995.00          $325.00            :i>2,275.00
49   TERRACE GRADING                                  1571    LIN. FT.             .,10.00    $15,710.00                   $8.45    $13,274.St                $1.95      $3,063.45               $12.00       ::,18,852.00
50   TRAFFIC CONTROL                                   1       LUMP       ::,1 u,000.00       $10,000.00         :i>8,475.00          ,t,8,4t::>.OO  :i;4,000.0L         ::;4,000.00      :i;r,c>oo.oo           '<)I ,500.0Q

51   VALVE 6" GATE M.J. W/BQX                          7       EACH             $600.00          ... 4,200.00        $590.00          :li4,130.00       $590.00          :li4,130.00          :i,500,00          >3.500.00
52   VALVE 8" GATE M.J. W/BOX                          16      EACH             .,, 00.00     $11,200.00             ,t,/75.00      :i>12,400.00        :i>795.00      :i>12,t20.00           ~ 650,00        :i>10,400.00
53   WATERMAIN 4" D.C.I. CL. 52                        6      LIN. FT.             :i>4::>.00        :i>270.00          $35.00            $210.00         .}30.00             .:i,180.00         ::,3o.OO            ...210.00
54   WATERMAIN 6" O.CJ. CL 52                         120     LIN. FT.             ::,48.00      ~5,760.00              $36.00        $4,320.00            $30.00        $3,600.00               >20.00          $2,400.00
55   WATERMAIN 8" D.C.I. CL. 52                       1868    LIN. FT.             .:i,24.00  $44,832.00                :±i38.90    $72,665.20             :t,32.::>0  :i;60,r10.00              :!i4::>.00   $84,060.00
56   WATERMAIN TAP 2"W/CORP. STOP PER DETAIL            1      EACH             $300.00              $300.00         ,t,e535.00           $535.00       :))100.00             $100,00         $500.00                $500.00
57   WATER METER PIT COMPLETE                           2      EACH             $500.00          $1,000.00           $745.00          $1,490.00         $725.00          $1,400.00            -.,900.00          $1,oOO,vv
58   WATER SERVICE 1" TYPE "K" COPPER                 797     LIN. FT.             .:i,13.00  $10,361.0(                $17.50      $13,947.50             S14.00      $11,158.00                ~1£..00         $9,564.00
59   WATER SERVICE 2" TYPE "K" COPPER                  60     LIN. FT.             $20.00        $1,200.00              $24.75        :!i1 .485.00         $18.00        $1,080.00               :i>16.00            $960.00
60   WATER VALVE BOX COMPLETE                           1      EACH              $200.00             $200.00          $450.00             $450.00       $505.00               $505.00         $150.00                .:i,150.00
                                                     TERRACE TOTAL                            $564,727.10                           $598,974.15                            S492, 156.55                          $655,813.55
                           H-1567, W-633 & S-578 TERRACE ST. IONA to PECK
                            STREET, WATERMAIN & SEWER IMPROVEMENTS
                                             ENGINEER'S ESTIMATE FEBRUARY 26 2003
                                     DESCRIPTION                    QUANTITY         UNIT       PRICE          PRICE
  1   ADJUST MANHOLE CASTING                                                 12     EACH          $300.00       $3,600.00
  2   ADJUST WATER VALVE CASTING                                               1    EACH          $275.00         $275.00
  3   AGGREGATE BASE COURSE 22A@ 8" C.I.P.                               5775      SQ.YD.           $5.00     $28,875.00
  4   BENDS D.C.L 6" 45° M.J.                                                  8    EACH          $200.00       $1,600.00
  5   BENDS D.C.I. 8" 45° M.J.                                               51     EACH          $250.00     $12,750.00
  6   BIT. LEVELING MIX 3C@ 165#/S.Y.                                      506       TON           $40.00     $20,240.00
  7   BIT. TOP MIX 4C MOD. POYLMER ASPH.@ 220#/S.Y.                        705       TON           $60.00     $42,300.00
  8   CATCH BASIN CASTING E.J.#5105 OR EQUAL                                   1    EACH         $450.00          $450.00
  9   CATCH BASIN CASTING E.J.#7045 OR EQUAL                                 13     EACH         $450.00        $5,850.00
 10   CATCH BASIN FLATTOP                                                    14     EACH       $1,300.00      $18,200.00
 11   CEMENT                                                                   5     TON         $175.00          $875.00
 12   CONG. BASE COURSE 8''                                                 26     SQ.YD.          $30.00         $780.00
 13   CONG. CURB 6"x 14"                                                    24     LIN. FT.        $10.00         $240.00
 14   CONG. CURB & GUTTER F-4 MOD.                                       3100      LIN. FT.         $9.00     $27,900.00
 15   CONG. DRIVE APPROACH 6" STD.                                         555     SQ.YD.          $28.00     $15,540.00
 16   CONG. SIDEWALK 4"                                                  7577      SQ.FT.           $2.50     $18,942.50
17    CONG. SIDEWALK 6"                                                  1035      SQ.FT.           $3.50      $3,622.50
18    CORP. STOP 1" MUELLER #15000 OR EQUAL                                 26      EACH         $225.00       $5,850.00
19    CROSS D.C.I. 8"x 8" M.J.                                                2     EACH         $450.00         $900.00
20    CURB STOP I" W / BOX MUELLER #15150 OR EQUAL                          19      EACH         $250.00       $4,750.00
21    CURB STOP 2" W /BOXFORD 844-777M OR EQUAL                               2     EACH         $300.00         $600.00
22    HYDRANT STD.                                                            7     EACH       $1,400.00       $9,800.00
23    MACHINE GRADING MOO.                                              15.44       STA.         $500.00       $7,720.00
24    MANHOLE CASTING E.J.#1000 OR EQUAL                                    21      EACH         $500.00     $10,500.00
25    MANHOLE STD. 4' 1.0. O' TO 10' DEEP                                     9     EACH       $1,500.00     $13,500.00
26    MANHOLE TAP 15"                                                         2     EACH         $600.00       $1,200.00
27    RECONSTRUCTING MANHOLES                                                 3     V.FT.        $400.00       $1,200.00
28    REDUCERS 8" TO 4'' O.C.I. M.J.                                          2      EACH        $190.00         $380.00
29    REDUCERS 8" TO 6" D.C.I. M.J.                                           9     EACH         $200.00       $1,800.00
30    REMOVING BIT. DRIVE APPROACH W / CONC. CURB                           95      SQ.YD.          $5.00        $475.00
31    REMOVING CATCH BASIN                                                  12      EACH         $400.00       $4,800.00
32    REMOVING CONG. DRIVE APPROACH                                       415      SQ.YD.           $6.00      $2,490.00
33    REMOVING CONG. SIDEWALK                                           8881        SQ.FT.          $1.00      $8,881.00
34    REMOVING MANHOLE                                                      26      EACH         $500.00     $13,000.00
35    REMOVING PAVEMENT                                                 6800       SQ.YD.           $5.00    $34,000.00
36    REMOVING TREES 13" TO 24"                                               1     EACH         $400.00         $400.00
37    REMOVING TREES 25" TO 36"                                               1     EACH         $500.00         $500.00
38    SANITARY SEWER SERVICE 6" SOR 35                                    437      LIN. FT.       $28.00     $12,236.00
39    SANITARY SEWER 8" SOR 35                                              92     LIN. FT.       $28.00       $2,576.00
40    SANITARY SEWER 15" SOR 35                                         2385       LIN. FT.       $36.00     $85,860.00
41    SANITARY SEWER 16" D.C.I. CL.52                                       44     LIN. FT.       $45.00       $1,980.00
42    SANITARY SEWER WYE 15"x 6" SOR 35                                     23      EACH         $150.00       $3,450.00
43    SLEEVES LONG 4" O.C.I. M.J.                                             2     EACH         $350.00         $700.00
44    SLEEVES LONG 6" D.C.I. M.J.                                             9     EACH         $400.00       $3,600.00
45    SLEEVES LONG 8" D.C.I. M.J.                                             2     EACH         $450.00         $900.00
46    STORM SEWER 10" SOR 35                                              442      LIN. FT.       $25.00     $11,050.00
47    TEE D.C.L 8" x 8" x 6" M.J.                                             7     EACH        $300.00        $2,100.00
48    TEE 0.C.I. 8" x 8" x 8" M.J.                                            7     EACH        $370.00        $2,590.00
49    TERRACE GRADING                                                   1571       LIN. FT.       $10.00     $15,710.00
50    TRAFFIC CONTROL                                                         1     LUMP      $15,000.00     $15,000.00
51    VALVE 6" GATE M.J. W/BOX                                               7      EACH        $650.00        $4,550.00
52    VALVE 8" GATE M.J. W/BOX                                              16      EACH        $800.00      $12,800.00
53    WATERMAIN 4" D.C.l. CL 52                                              6     LIN. FT.       $25.00         $150.00
54    WATERMAIN 6" D.C.l. CL 52                                           120      LIN. FT.       $25.00      $3,000.00
55    WATERMAIN 8" D.C.I. CL. 52                                        1868       LIN. FT.       $30.00     $56,040.00
56    WATERMAIN TAP 2" W/ CORP. STOP PER DETAIL                               1     EACH        $750.00          $750.00
57    WATER METER PIT COMPLETE                                               2      EACH        $700.00       $1,400.00
58    WATER SERVICE 1" TYPE "K" COPPER                                    797      LIN. FT.       $20.00     $15,940.00
59    WATER SERVICE 2" TYPE "K" COPPER                                     60      LIN. FT.       $30.00      $1,800.00
60    WATER VALVE BOX COMPLETE                                                1     EACH        $300.00          $300.00
                                                       SUBTOTAL                                             $579,268.00
                                      PARMENTER O'TOOILE
                                                         Attorneys al Law


                                175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                        Phone 231.722.1621 • Fax 231.722.7866or231.728.2206
                                                        www.Parmenlerlaw.com




 April 2, 2003


 Mayor and City Commission
 c/o City Manager
 City of Muskegon
 933 Terrace Street
 Muskegon, Michigan 49442

 Re:      Initiatory Petition: Gaming in Muskegon

Dear Mayor and Commission:

The City Clerk received initiatory petitions on March 27, 2003, which have been forwarded to
this office for review. Presumably, the initiatory petitions will be presented to the City
Commission on April 8, 2003. The proposed ordinance is captioned "Gaming in Muskegon." A
copy of the proposed ordinance is attached for reference.

After legal review and checking signatures, it may or may not be submitted to the City
Commission for its determination under the Charter. As you know, the City Charter provides
that the City Commission, if the petition is legal and has sufficient signatures, may either adopt
the proposed ordinance or refuse to do so putting it out for a vote of the electors. There is also a
provision for the adoption of an amended ordinance in lieu of the initiated ordinance.

As with another recently submitted initiatory petition relating to gaming in the City of
Muskegon, I have divided this opinion into two areas:

          I)        Whether the proposed ordinance is a proper subject of an initiatory petition; and

          2)        Whether the proposed ordinance is valid.


The Proposed Ordinance Is Not a Proper Subject of an Initiatory Petition. The proposed
ordinance concerns the following:

          I)       Authorize the operation of one casino in the City of Muskegon;

          2)       Provide for the ownership structure of the casino;




G:\EDSI\FILES\00100\ 1055.001\LTR\AU3029.0OC
           3)     Provide the distribution of profits from the casino, including the fee to be paid the
           operator; and

           4)    Schedule, qualifications, selection criteria and contents of a development
           agreement.

 The Home Rule Cities Act empowers the city to provide in its charter "initiative" on all matters
 within the scope of the city's powers:

          Each city may in its charter provide ... (6) for the initiative and referendum on all matters
          within the scope of its powers and for the recall of all of its officials."

 MCL § l l 7.4(i); MSA §5.2082.

Muskegon's City Charter provides that a proposed ordinance may be submitted to the City
Commission by petition, which proposed ordinance, in tum, may be adopted by the City
Commission or may be submitted to the electorate for adoption, only if the content of the
ordinance is within the scope of the city's powers as set forth above in the Home Rules Cities
Act.

As has recently been opined, if the proposed initiatory ordinance is "administrative" in nature
and not "legislative" in nature, adoption of the proposed ordinance by initiative is not within the
city's powers, and, therefore, should not be submitted to the electorate. West v City of Portage,
392 Mich 458 (! 974); Beach v City of Saline, 412 Mich 731 (1982); Citizens Lobby of Port
Huron, Michigan, Inc. v Port Huron City Clerk, 132 Mich App 412 (1984).

The proposed ordinance, given the pervasive administrative content, is therefore, not within the
city's powers to adopt by initiative. The overwhelming administrative content of the proposed
ordinance include, but is not limited to, the following:

          1)      The proposed ordinance limits the possible location of casino by requiring it to be
          located within certain zoning classifications;

          2)      Assuming the city has a legitimate basis for determining the ownership structure
          of a potential developer, such would be administrative;

          3)     The process used to select a potential developer of private property is an
          administrative decision;

          4)     The time period for selection ofa developer and limiting the period of time the
          city may negotiate a development agreement is administrative in nature;

          5)       The contents, at least in part, to be included in a development agreement.

Decisions as to whether to enter into a contract, or with whom, or the parameters of any such
contract dealing with development in the city, are administrative decisions and must be left for
implementation by the city commission assisted by their administrative staff. To enable the
electorate to dictate to the city commission by initiatory ordinance the terms and conditions of
any development agreement would clearly infringe upon the administrative functions of the city,



G:\EDSI\FILES\00100\ 1055.001\lTR\AU3029.DOC
'and would impair government. Citizens Lobby ofPort Huron, Michigan, Inc., Supra, a decision
of our Court of Appeals holding as administrative in nature an initiatory petition involving a
proposed ordinance for development of waterfront property acquired by the city and, thus, held
to be outside the city's powers to adopt by initiative. The Court of Appeals held at 421:

          To permit the electorate to initiate piecemeal measures affecting land development is as
          inconceivable to us as allowing the electorate to initiate ordinances affecting the fiscal
          affairs of the city without regard to the budget or to the overall fiscal program. We
          believe that the implementation by ordinance of a general policy, program or plan is an
          administrative act which is not subject to voter initiative or referendum."

If nothing else, the proposed ordinance implements "a general policy, program or plan", and thus
is administrative in nature and not the lawful subject of an initiative.

The Ordinance is Invalid. While the power of direct legislation is given to the voters,

          "the electorate has no greater power to legislate than the municipality itself. A defective
          ordinance cannot be cured by having it submitted to and approved by the electorate."

McQuillin Mun Corp Section 16.49. "The public does not have a right to obtain a vote to enact
invalid legislation." McQuillin Mun Corp Section 16.55. The Michigan Gaming Control and
Revenue Act does not allow a casino in the City of Muskegon.

The Michigan Gaming Control and Revenue Act authorizes casino gaming to the extent that it is
conducted in accordance with that Act. The Act specifically excludes from coverage gambling
on Native American land and land held in trust by the United States for a federally recognized
Indian tribe on which gaming may be conducted pursuant to federal law. The proposed
ordinance does not contemplate that the casino would be on Native American land. Subject to a
number of conditions and approvals, a casino regulated by this Act may be 1ocated in a city that
meets all of the following:

          I)       Has a population of at least 800,000 at the time the license is issued;

         2)        Is located within I 00 miles of any other state or country in which gaming was
                   permitted on December 5, 1996; and

         3)        Had a majority of voters who expressed approval of casino gaming in the city.

MCL Section 432.202(1). The City of Muskegon does not meet the minimum population nor
have a majority of voters expressed approval of casino gaming in the City. State law prohibits
gaming in the City of Muskegon. The Supreme Court opined that:

         if a city ordinance prohibits something which a state statue permits, or vice versa, there is
         a conflict and the State law must prevail.

Builders Association v Detroit, 295 Mich 272, at 277 (1940).




G:\EOSI\FILES\00100\1055.001\LTR\AU3029.DOC
 A.        Zoning
 The proposed ordinance attempts to amend the City of Muskegon Zoning Ordinance by
 providing in which zoning district a casino may be located. In Kroash v Livonia, 388 Mich 737
 (I 972), the Supreme Court held that the initiatory process may not be used to amend a zoning
 ordinance when it held that:

           the statute which confers upon the legislative body of the city the power to enact zoning
           laws proscribes the method by which they are to be adopted and amended ...
                                          ****
           Indeed, this Court has consistently held that the procedures outlined in the zoning-
           enabling act must be strictly adhered to.

           Therefore, the amendment to the ordinance, having been enacted by a procedure different
           from and contrary to the procedure required by the zoning-enabling act, is invalid.

Kroash, at 745-6. Further, the Supreme Court in West, at 469, held that:

          the original passage of comprehensive plans and zoning ordinances is a legislative
          function since these actions are classified as general policy decisions which apply to the
          entire community. However, a zoning amendment may be differentiated on the basis that
          such a determination is narrowly confined to a particular piece of property and the use
          will generally affect only a small number of people, thus approximating an administrative
          exercise.

B.        Conflict With Charter
The second paragraph of proposed Section 11 appears to control future City Commission action
and, as such, is invalid. The ordinance proposes that:

          If gaming in Muskegon becomes permissible under state law but this Ordinance does not
          satisfy all of the requirements of that law, the necessary supplemental provisions to this
          Ordinance are hereby approved and may be added to this Ordinance.

This section appears to permit and, perhaps require, the City Commission to adopt amendments
to the proposed ordinance if necessary to implement state law or to bring this proposed ordinance
into compliance with state law. However, such a provision is flawed in two respects. First, if the
proposed ordinance is approved by the electorate, the City Commission lacks the legal ability to
amend or repeal the proposed ordinance for five years.

          No ordinance which has been adopted by the vote of the electors shall be repealed or
          amended within five years except by vote of the electors.

Muskegon City Charter, Chapter VII, Section 13. A municipality's ordinance which conflicts
with its city charter is void. Theisen v Dearborn City Council, 320 Mich 446 (1948). In Theisen,
the Supreme Court had before it a conflict between an ordinance adopted by an initiatory
process, which appeared to give to the Dearborn Retirement Board of Trustees the ability to
decide the amount the City Council had to budget, and the Dearborn City Charter requirement
that budgeting is within the purview of the Mayor and City Council. The Supreme Court,
quoting the trial judge, held that:



G:\EDS I\FILES\00100\1055.001\LTR\AU3029.0 OC
           "Can an ordinance of the City of Dearborn have the effect of amending or repealing
           express provisions of the charter? The answer, of course, is 'No,' as to ordinances
           adopted by the council in the ordinary way. This ordinance was adopted under the
           initiative and under the city charter such an ordinance can be amended only by initiative.
           It is binding mandatorily upon the members of the council. I am of the opinion that the
           power of initiative is not unlimited. There are two ways in which it can be exercised. It
           can be exercised by way of adopting amendments to the city charter. Such amendments
           do, of course, have the effect of changing the city charter. Or, it can be exercised by way
           of adoption of ordinances as this ordinance was adopted.

          "I think common sense dictates that under these circumstances an initiated ordinance
          cannot be so broad as to change the intent and meaning of the city charter. It is adopted
          under the city charter and not as an indirect amendment of it.

 Theisen, at 453. Like the ordinance in Theisen, this proposed ordinance attempts to change the
 Muskegon City Charter relative to amending this initiatory ordinance within the first five years,
 if it is adopted by the electorate, and as such is invalid.

Second, to the extent that this section attempts to require future city commission action, by way
of amending the proposed ordinance, it is invalid. A city commission may not require future city
commissions to adopt or amend an ordinance.

C.       Contingent Adoption
As articulated above, the City may not adopt an ordinance that is invalid at the time of adoption.
While Section 11 of the proposed ordinance appears to make this proposed ordinance contingent
on a change in state law, I can find no Michigan statute or case law that allows a Home Rule City
to adopt an ordinance the implementation of which is contingent on a change in state law.
Further, the proposed ordinance provides that it shall take effect IO days after adoption by the
City Commission or majority vote of the electors pursuant to Section 12-6. Pursuant to Section 7
of the proposed ordinance, the City is to receive proposals from qualified developers within 90
days after the electorate's adoption of the ordinance, select a qualified developer within 150 days
after the electorate's adoption the ordinance, and enter into a development agreement within 210
days after the electorate's adoption of the ordinance. As the proposed ordinance is drafted, those
duties imposed upon the City are not contingent upon a change in state law, and require the City
Commission to expend substantial staff time and effort and public resources in pursuit of a
currently illegal activity, and, as such, are illegal and void.

Therefore, it is my opinion the petition should not be certified to the City Commission for
procedures under the initiative provisions of the City Charter for any and all of the reasons cited.




G:\EDSI\FILES\00100\1055.001\lTR\A.U3029.DOC
 As presented, the proposed ordinance is not a proper subject of an initiatory petition, and would
 be invalid if adopted by the City Commission or electorate.




 John C. Schrier
 Direct: 231.722.5401
 Fax: 231. 728.2206
 E-Mail Address: [email protected]

· JCS

 Enclosure

 c:       Bryon Mazade
          Gail A. Kundinger, MMC




G:\EDSI\FILES\00100\1055.001\LTR\AU3029. DOC
        Class III Gaming in
                                                     b. to establish certain parameters
            Muskegon                          for the nonprofit corporation that will
            Initiative Ordinance              own the casino and casino complex;

                                                     c. develop a selection process
 "The City of Muskegon Ordains that a         that conforms to all applicable laws and
 new Chapter of the Code of Ordinances,       procedures of the State of Michigan;
 City of Muskegon, is hereby created to
 read as follows:                                     d.     provide a fair, objective,
                                              timely and comprehensive process that
Short Title: The following ordinance          will lead to the selection of the
may be referred to as: The Gaming             developer/manager best able to meet the
Ordinance.                                    intent of this ordinance;

Sec. 1. Purpose                                    e. enhance, expand and stabilize
                                             employment within the City of
        The purpose of this ordinance is:    Muskegon; and

        a. to authorize one casino and               f.        develop      economic
casino complex to be owned by a              opportunities in Muskegon's downtown
nonprofit corporation established for that   that will expand the entertainment,
purpose, all in accordance with the          recreational and services sectors of the
Michigan Gaming Control and Revenue          local economy.
Act, Public Act 69 of 1997, MCL
432.201, et seq. and the provisions of       Sec. 3. Authorization of a Casino
this ordinance;
                                                    The operation of one casino
        b. to establish a competitive        within a casino complex as defined by
selection process to determine the           the Michigan Gaming Control and
developer/manager that will operate the      Revenue Act, including all approved
casino and casino complex development        gambling games is hereby authorized
under the ownership of the nonprofit         and approved.
corporation and establish certain terms
of a development agreement between           Sec. 4. Ownership of Casino
that corporation and the City; and
                                                     The casino and casino complex
       c. to establish other terms and       shall be owned by a Michigan nonprofit
conditions of such an enterprise.            corporation (herein, the "Corporation");
                                             provided, however, that all management
Sec. 2. Intent                               decisions relating to the actual
                                             operations of the casino and casino
       The intent of this ordinance is to:   complex shall be strictly and solely
                                             under     the     purview     of    the
        a. authorize the operation of one    manager/developer.
casino and casino com:plex within the
City of Muskegon;


                                                                                    1
  Sec. 5. Owneflihip Structure                   consecutive terms. Any vacancy on the
                                                 Corporation's Board of Directors shall
            The   Corporation shall       be     be filled in accordance with the
    established under and operate in             following procedures: the Corporation's
    accordance with the laws of the State of     remaining Directors shall, by majority
    Michigan       governing       nonprofit     vote, name one or more tax exempt
    corporations. The Corporation shall be       nonprofit corporations to designate the
    incorporated within 90 days after the        persons to fill any vacancy on the
   adoption of this ordinance and shall be       Corporation's Board of Directors. In the
   organized with five persons on the            event the remaining Directors are unable
   Corporation's Board of Directors. The         or fail to name such nonprofit
   Directors of the Corporation shall be         organizations, the chief judge of the
   designated by the boards of directors or      Muskegon County Circuit Court shall, in
   members      of Michigan       nonprofit     accordance       with      the    foregoing
   corporations that are exempt from            procedures described in this section,
   federal income taxation under sections       name the nonprofit organizations which
   50l(c)(3) and/or 50l(c)(4) of the            organizations so named shall designate
   Internal Revenue Code of 1986, as            the Director(s) to fill the vacancy(s).
  amended (the "IRC"). The chief judge
  of the Muskegon County Circuit Court,         Sec. 6. Distribution of Profits
  in his or her non-judicial capacity, shall
  name five tax exempt nonprofit                        The Corporation's net profits
  corporations to make those director            from the operation of the casino and
  designations; two of which should             casino complex after the payment of all
  represent Muskegon based organizations        fees, taxes, costs and expenses of the
  and two of which should represent             operation of the casino and casino
  statewide     environmental/conservation      complex, including capital costs and the
  organizations. Any tax-exempt nonprofit       manger/developer      fee,     shall    be
 organization so named by such chief            distributed by the Corporation only to
 judge shall have 30 days to designate a        organizations that are exempt from
 director. In the event any organization        federal income taxation under !RC
 named by such chief judge declines or          Sections 50l(c)(3) and/or 50l(c)(4). In
 fails to designate a director within 30        no event shall administrative costs of the
 days of its being named by the chief          Corporation exceed I 0% of its gross
judge, the chief judge of the Muskegon         profits.     The distributions by the
 County Circuit Court shall appoint other      Corporation to organizations exempt
 tax exempt nonprofit organizations to         from taxation under IRC Section
 make such director designations. All          50l(c)(3) and/or Section 50I(c)(4) shall
 director designations made pursuant to        occur not        less   frequently    than
this ordinance shall be in writing.            semiannually.
Directors shall not be compensated for
service on the Corporation's Board of
Directors but may be reimbursed all
actual expenses associated with such
service. Directors shall serve three-year
terms and may serve no more than three



                                                                                       2
  Sec. 7. Schedule for Selection of            phase with       no     public    financial
  Developer/Manager                            participation;

         7-1. Within 90 days after the                  c. a concept plan that is creative
 electorate's adoption of this ordinance,      and compatible with the City's culture,
 the City of Muskegon shall receive            existing        development          plans,
 proposals         from         qualified      infrastructure and other features and
 developers/managers that meet the             attractions;
 minimum requirements of this ordinance
 (see section 8).                                       d. a concept plan that promotes
                                              other         economic       development
         7-2. Within 150 days after the       opportunities, including both direct and
 electorate's adoption of this ordinance,     ind ire ct employment, tourism and
 the City of Muskegon shall select from       redevelopment;
 among            the            qualified
 developers/managers                  that           e. a social plan that identifies the
 developer/manager judged by the City         developer/manager's plan to deal with
 Commission to be best able to construct      the social impacts of gambling that
 and operate the casino and casino            includes    criminal      impacts      and
 complex in the public interest.              compulsive gamblers; and

          7-3. Within 210 days after the             £       demonstration of the
 electorate's adoption of this ordinance,     applicant's ability to meet all of the
 the City of Muskegon shall enter into a      requirements of the Michigan Gaming
 Development Agreement with the               Control and Revenue Act.
 Corporation and the selected developer
 to implement the purpose and intent of       Sec. 9. Selection Criteria
 this ordinance.
                                                      Proposals submitted by qualified
Sec. 8. Minimum Qualifications of            developers/managers         shall      be
Developer/Manager                            competitively evaluated and a selection
                                             made by the City Commission based on
        The minimum requirements for a       the following criteria:
qualified   developer/manager    shall
include:                                              a. the applicant's demonstrated
                                             character, reputation, experience and
        a background and experience,         financial capability to operate a casino
including the organization, expertise and    and casino complex in the public
knowledge gained from the successful         interest;
operation of other casinos or casino
complexes;                                           b. the scope of the proposal
                                             including     the     motel,   retail,
       b. financial strength, including      entertainment, recreation, convention
the demonstration of sufficient capital to   and gaming components of the
undertake the development of the entire      development;
casino complex in a single construction



                                                                                     3
          c. the applicant's ability to meet            I 0-4.        The    Development
  all of the commitments included in the         Agreement shall include fees and
  proposal in a single construction phase;       charges such that the City is reimbursed
                                                 all costs without limitation for the
          d.  the development's overall         review,      selection    and     ongoing
  impact on the community, including the        monitoring of the developer, including
  development's ability to leverage other       costs of consultants retained by the City
  economic and social benefits and              to assist in the review, selection and
  mitigate the negative impacts of              monitoring of the developer. This may
  gambling;                                     be accomplished in. part by charging a
                                                filing fee with the submission of
        e. the developers commitment to         proposals.
 the goal of hiring Muskegon residents
 and implementing equal opportunity                     10-5.        The    Development
 employment practices;                          Agreement       shall     specify      the
                                                developer/manager's payment as a
        f. the developers commitment to         percent of the net annual profit· derived
 the goal of using Muskegon based               from the operation of the casino and
 contractors and subcontractors in all          casino complex. Under no circumstance
 aspects of the project from initial            shall that percentage exceed 40 percent ·
 planning through actual operations.            of the net annual profit. In addition to
                                               said payment, the developer/manager
 Sec. 10.     Development     Agreement        shall be entitled to the return of all
 Required                                      capital invested in actual construction of
                                               the casino and casino complex over a
        I 0- I.    The    Development          term to be negotiated, which term shall
Agreement shall include such terms and         not exceed ten years.
conditions deemed necessary, reasonable
and prudent by the City Commission to                   I 0-6.    The      Development
implement the purpose and intent of this        Agreement shall not create a right or
ordinance.                                      entitlement for the Corporation or the
                                                selected developer/manager io any
        10-2.        The     Development       required gaming license or permit or
Agreement shall insure that the City of        approval otherwise required by law to
Muskegon incurs no costs related to the        construct and/or operate the casino or
construction, operation and maintenance        casino complex.       The Development
of the casino and casino complex,              Agreement shall not be sold or
including infrastructure costs.                transferred without the express approval
                                               of the City Commission.
        10-3.       The    Development
Agreement shall insure that all public
safety costs incurred as a result of the
casino and casino complex by the City,
County and other affected public safety
organiz.ations are reimbursed on an
ongoing basis.



                                                                                     4
 Sec. 1I. State Approval Required             with preferential property tax treatment
                                              including a Renaissance Zone or similar
         It   is    acknowledged      that    zone.
implementation of this ordinance
requires the State of Michigan's                     12-3. The City and the
approval with the amendment of certain       Corporation to be established shall
state statutes by the legislature or by      undertake such actions and enter into
initiative. The City of Muskegon shall       such agreements as are necessary to
not use any general or special funds of      implement the terms and conditions of
the City in an effort to accomplish those    this ordinance consistent with state law
necessary      statutory      amendments.    and the specific provisions herein.
Amounts expended in this effort by the
developer/manager       shall    not   be            I 2-4. Unless contrary to the
reimbursed under the terms of the            context in which they are used, terms
Development Agreement.                       used in the text of this ordinance shall be
                                             defined in accordance with the Michigan
       If gaming in Muskegon becomes         Gaming Control and Revenue Act.
permissible under state law but this         Once authorized by the State of
Ordinance does not satisfy all of the        Michigan, the intent of this ordinance is
requirements of that law, the necessary      to operate the casino and casino complex
supplemental      prov1S1ons  to   this      under the tenns of that Act.
Ordinance are hereby approved and may
be added to this Ordinance.                          12-5. The City Commission shall
                                             establish by ordinance such advisory
Sec. 12. General Provisions                  bodies, rules and regulations, as it deems
                                             reasonable and prudent to assist in the
        12-1. The City shall not use its     administration of this ordinance and the
power of eminent domain and                  casino and casino complex.
condemnation shall not be used to
assemble a parcel of land for the casino             12-6. This ordinance shall take
or casino complex.                           effect IO days after its adoption by the
                                             City Commission or by a majority of the
        12-2. The casino and casino          electors voting thereon at a special
complex shall be located within the          election called for that purpose."
boundaries of the City of Muskegon
Downtown Development District as they
existed on July I, 2002 on a parcel of
contiguous land area at least 20 gross
acres in size. The casino and casino
complex shall be located in the B-3
Central Business District or the WM
Waterfront Marine District, as they
existed on July I, 2002. The casino and
casino complex shall not be located
within any Zone that would provide the
owner of the casino and casino complex



                                                                                     5
                                      PARMENTER O'TOOLE
                                                         Atlorneys at law


                                175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                        Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206
                                                       www.Parmenterlaw.com




March 20, 2003



Mayor and City Commission
c/o City Manager
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49442

Re:       Initiatory Petition: Casino Development Competitive Selection Process

Dear Mayor and Commission:

The City Commission received initiatory petitions on March 11, 2003, which have been
forwarded to this office for review. The proposed ordinance is captioned "Casino Development
Competitive Selection Process." A copy of the proposed ordinance is attached for reference.

After legal review and checking signatures, it may or may not be submitted to the City
Commission for its determination under the Charter. As you know, the City Charter provides
that the City Commission, if the petition is legal and has sufficient signatures, may either adopt
the ordinance provision proposed or refuse to do so putting it out for a vote of the electors.
There is also a provision for the adoption of an amended ordinance in lieu of the initiated
ordinance.

1 have divided this opinion into two areas:

          1)        Whether the proposed ordinance is a proper subject of an initiatory petition; and

          2)        Whether the proposed ordinance is legal.


The Proposed Ordinance Is Not a Proper Subject of an Initiatory Petition. The proposed
ordinance concerns the following:

          1)        The selection process of a developer of a casino;

          2)        The criteria for reviewing proposals;

          3)        Eligibility of prospective developers;




G:\EOSI\FILES\00100\ 1055.001\LTR\AR5267 .DOC
           4)        The selection process; and

           5)        The contents of a development agreement.

 The Home Rule Cities Act empowers the city to provide in its charter "initiative" on all matters
 within the scope of the city's powers:

           Each city may in its charter provide ... (6) for the initiative and referendum on all matters
           within the scope of its powers and for the recall of all of its officials."

 MCL §l 17.4(i); MSA §5.2082.

 Muskegon's City Charter provides that a proposed ordinance may be submitted to the city
 commission by petition, which proposed ordinance, in tum, may be adopted by the city
 commission or may be submitted to the electorate for adoption, only if the content of the
 ordinance is within the scope of the city's powers as set forth above in the Home Rules Cities
 Act.

 It is the established law of this state that, if the proposed initiatory ordinance is "administrative"
in nature and not "legislative" in nature, adoption of the proposed ordinance by initiative is not
within the city's powers, and, therefore, should not be submitted to the electorate. West v City of
Portage, 392 Mich 458,221 NW2d 303 (1974); Citizens Lobby of Port Huron, Michigan, Inc. v
Port Huron City Clerk, 132 Mich App 412,347 NW2d 473.

In my opinion the annexed ordinance is administrative in nature and not legislative in nature,
and, therefore, not within the city's powers to adopt by initiative.

Decisions as to whether to enter into a contract, or with whom, or the parameters of any such
contract dealing with the development in the city, are administrative decisions and must be left
for implementation by the city commission assisted by their administrative staff.· To enable the
electorate to dictate to the city commission by initiatory ordinance the terms and conditions of
any development agreement would clearly infringe upon the administrative functions of the city,
and would impair government.

Sustaining this opinion and, indeed, controlling it, is Citizens Lobby of Port Huron, Michigan,
Inc., Supra, a decision of our Court of Appeals holding as administrative in nature an initiatory
petition involving a proposed ordinance for development of waterfront property acquired by the
city and, thus, held to be outside the city's powers to adopt by initiative. The Court of Appeals
held at 421:

          To permit the electorate to initiate piecemeal measures affecting land development is as
          inconceivable to us as allowing the electorate to initiate ordinances affecting the fiscal
          affairs of the city without regard to the budget or to the overall fiscal program. We
          believe that the implementation by ordinance of a general policy, program or plan is an
          administrative act which is not subject to voter initiative or referendum."




G:\EDSI\FILES\00100\1055.001\lTR\A.R5267 .DOC
The Ordinance is Not Legal. While the power of direct legislation is given to the voters,

         "the electorate has no greater power to legislate than the municipality itself. A defective
         ordinance cannot be cured by having it submitted to and approved by the electorate."

McQuillin Mun Corp Section 16.49. "The public does not have a right to obtain a vote to enact
invalid legislation." McQuillin Mun Corp Section 16.55. There are two problems with the
legality of the proposed ordinance. They are:

         I)        The proposed ordinance has been held unconstitutional by the Sixth Circuit Court
                   of Appeals; and

         2)        The Michigan Gaming Control and Revenue Act does not allow a casino in the
                   City of Muskegon.

The ordinance that is being proposed to the Muskegon City Commission is comparable to Detroit
City Code, §18-13, which has been the subject of litigation in Lac Vieux Desert Band of Lake
Superior Chippewa Indians v The Michigan Gaming Control Board, et. al., 276 F3d 876 (Sixth
Circuit, 2002). The Sixth Circuit Court of Appeals summarizes certain provisions of the Detroit
ordinance as follows:

         The ordinance includes a "statement of intent" declaring that "it is in the best interest of
         the City to provide a preference to those developers who took the initiative to facilitate
         the development of casino gaming in the City of Detroit by proposing a casino gaming
         proposal approved by the voters of the City, and who actively promoted and significantly
         supported the State initiative authorizing gaming." Detroit City Code, section 18-13-l(i).
         Another portion expressly prefers casino developers who, assuming they meet the other
         eligibility criteria, were "initiator[s] of a casino gaming proposal which was approved by
         the voters of this City prior to January I, 1995; and ... made significant contributions to
         the development of gaming within the City by actively promoting and significantly
         supporting a state initiative authorizing gaming." Detroit City Code Section I 8-13-
         6(a)(2).

Lac Vieux, at 876. The ordinance proposed here, with the obvious variances having to do with
the name of the City and the dates, includes the same provision in Statement of Intent (Section
21-1 (i)) and Preference for Proponents of Gaming Proposals (Section 2 l-6(a)(2) and (3)). The
Sixth Circuit Court of Appeals held that

         "Barring governments from endorsing or punishing political activity, or the lack of it, is
         among the paramount functions of the First Amendment's Fee Speech Clause."

Lac Vieux, at 880. "Accordingly, the preference renders the ordinance invalid." Lac Vieux, at
880. The U.S. Supreme Court has declined to review the Sixth Circuit Court's decision. As
such, the ordinance being proposed has already been held unconstitutional and, if Muskegon
chose to adopt it, it would suffer the same fate.

In addition, the Michigan Gaming Control and Revenue Act authorizes casino gaming to the
extent that it is conducted in accordance to that Act. (The Act specifically excludes from




G:\EOSI\FILES\00100\1055.001\LTR\A.R5267.DOC
 coverage gambling on Native American land and land held in trust by the United States for a
 federally recognized Indian tribe on which gaming may be conducted pursuant to federal law.

 The proposed ordinance does not appear to contemplate that the casino would be on Native
 American land.) Subject to a number of conditions and approvals, a casino regulated by this Act
 may be located in a city that meets all of the following:

           I)        Has a population of at least 800,000 at the time the license is issued;

           2)        Is located within 100 miles of any other state or country in which gaming was
                     permitted on December 5, 1996; and

           3)       Had a majority of voters who expressed approval of casino gaming in the city.

 MCL Section 432.202(1). The City of Muskegon does not meet the minimum population nor
 have a majority of voters expressed approval of casino gaming in the City.

Therefore, it is my opinion that the petition seeking to establish criteria for selection of a
developer and articulating the contents of a development agreement should not be certified to the
City Commission for procedures under the initiative provisions of the City Charter. As
presented, the proposed ordinance is not a proper subject of an initiatory petition, and would be
invalid if adopted by the City Commission or electorate.

 Very truly yours,




Direct: 231.722.5401
Fax: 231. 728.2206
E-Mail Address: [email protected]

JCS

Enclosure

c:
       /oJ~::
          ~/Mazade
              Kundinger, MMC




G:\EDSI\FILES\00100\1055.001\LTR\AR5267 .DOC
CHAPTER XXI. CASINO DEVELOPMENT COMPETITIVE SELECTION PROCESS

Sec. 21-1. Statement of intent.
The city of Muskegon, through its Commission, finds that:
(a) The process of selecting developers of casinos must conform to all applicable laws and procedures
and must be independent, impartial and responsible to the people;
(b) It is committed to providing a fair, objective and comprehensive process to select the designated
developers who will be chosen to develop casinos in the city;
(c) Any proposed casino should contribute to the enhancement, expansion and stabilization of
employment within the City of Muskegon, including adherence to an equal opportunity employment plan as
defined herein, and should contribute to the enhancement, expansion and stabilization of the local
economy;
(d} It is in the best interest of the city to obtain the highest qualily proposals for the development of
casinos within the city;
(e) U is in the best interest of the city that any proposals to develop casinos should provide new
employment opportunities for Muskegon residents and serve as a catalyst for economic development in
the city;
(f)   ft is in the best interest of the city that any proposals to develop casinos should provide for the
payment of necessary infrastructure improvements to facilitate the successful operation of casinos and to
minimize any negative impact of the development of casinos upon city residents;
(g) It is in the best interest of the city that any proposals to develop casinos should endeavor lo
showcase, stimulate and improve the use of existing and future tourism facilities in the city and improve
upon and increase the benefits of tourism;
(h) It is in the best interest of the city that any proposals to develop casinos should provide for the
development of a timely, orderly and efficient arrangement of transportation and public facilities and
services for Muskegon residenis and visitors to the city;
(i) In selecting developers of casinos, it is in the best interest of the city to provide a preference to those
developers who took the initiative to facilitate the development of casino gaming in the City of Muskegon
by proposing a casino gaming proposal approved by the voters of the City. and who actively promoted and
significantly supported Casino Gaming in Muskegon.
(j)   !tis in the best interest of the City that any proposal to develop casinos will provide for a service fee
or fees to the City as approved by the Commission to assist the City in providing additional police, fire and
other City services to the complex and adjacent developments.

Sec. 21-2. Definitions.
Unless otherwise defined herein, words and phrases used in this chapter shall have the meaning ascribed
to them in the Michigan Gaming Control and Revenue Act, the Indian Gaming Regulatory Act, or
applicable Federal, State and local laws and regulations.

Casino means any premises wherein gaming is conducted and includes all buildings, improvements,
equipment and facilities used or maintained in connection with such gaming.

Casino complex means the casino and all buildings, restaurants, hotel structures, recreational or
entertainment facilities, restaurants or other dining facilities, bars and lounges, retail stores and other
amenities that are connected with, or operated in such an integral manner as to form a part of the same
operation whether on the same tract of land or otherwise.

Commission means the City Commission of the City of Muskegon

Company means a sole proprietorship, corporation, partnership, limited partnership, limited liability
company, trust, association, joint stock company, joint venture, tribal corporation or other form of business
organization.                                  ·

Contractor means a person who provides goods, services, materials, equipment or supplies under a
contract with a developer, except that such term does not include the city.

Designated developer means a prospective dP.veloper that has be~n selected by the Commission to enter
into a development agreement with the city to develop and operate a casino or casino complex.

Muskegon resident business means any business, which employs at least fifty-one (51) percent
Muskegon residents. An individual employee wm be considered a Muskegon resident once the business
has presented proof of such individual's payment of the City of Muskegon Income Tax in the previous
taxable year, or proof that the individual is now subject to payment of Muskegon Income Tax due to
his/her residence in the City of Muskegon. Additionally, to qualify as a Muskegon resident business, the
firm er company must have at least four (4) employees.

Development agreement means a written agreement between the City and a designated developer that
defines the contractual obligations of the parties regarding the development and operation and/or
management of a casino or casino complex and other matters properly relating thereto.

Equal opportunity employment plan means a voluntary plan for the employment of women and minorities
in a casino and in the construction of a casino complex.
Improper contact means a written or oral communication relating to the merits or outcome of a decision
relating to a proposal or development agreement that is directed tq the mayor, any mayoral appointee, any
member of the City Commission, or any City employee or City Commission appointee or staff who has the
ability to influence decisions relating to the proposal o_r development agreement. The term does not
include a communication that is:
          (1) An inquiry or request for information relating solely to the status of a decision on proposals
       or the status of a development agreement so long as the inquiry or request for information is
       directed to an individual authorized by the City Commission to respond to such inquiry or request
     ·d,1u :>u 1v118 d:> 111t;; u14uuy uui;s 110L c:1uure!;>S me   rnems or outcome OT a dec1s1on;

        (2) Testimony or statemenls by a designated developer at a public hearing convened for the
      purpose of considering whether to approve a proposed development agreement;. or

        (3} Made through the public media, such as statements in news interviews a.nd paid
      advertisements.
Minority means that term as defined by the City of Muskegon.

Person means any company or a natural person.

Preference means a more favorable position given to one prospective developer over another in the
process established to select a designated developer

Proposal means the response to a request for proposal and all supplements and amendments thereto.
Prospective developer means a person that has submitted a proposal to develop, operate and/or manage
a casino or casino complex and enter into a development agreement with the City.

Request for proposal means those related documents as identified by the Commission and which are
furnished to prospective developers for the purpose of determining qualifications and soliciting a proposal
to develop a casino or casino complex and enter into a development agreement

Should means a strong recommendation but does not mandate the action described.

Subcontract means an agreement between a subcontractor and a contractor under which the
subcontractor will provide goods, services, materials, equipment, or supplies to a contractor.

Subcontractor means the person that has entered into a subcontract with a contractor.

Sec. 21-3. Request for proposals to enter into development agreements.

    (a) The City Commission shall select the designated developers for the casinos or casino
          complexes by means of a competitive request for proposals process, which process shall
          prescribe the content of the request for proposals and the conduct of the process for evaluation
          and selection of prospective developers for negotiation of development agreements. The
          process should avoid restrictive specifications that might either unduly limit the number of
          prospective developers or exclude those prospective developers entitled to a preference
          pursuant to section 21~6 of this chapter from consideration.
    (b) The Commission may seek review and comment from the City residents regarding the request
          for proposals and any amendments to that request for proposals prior to their issuance.
    (c) Without limiting the discretion of the Commission, the following broad criteria should be
          considered by the Commlssion in reviewing proposals:
        (1)    Background and experience, which should include the organization, expertise and
               experience of the prospective developer as well as the success of the prospective
               developer's other casinos or casino complexes.
        (2) Financial, which should include financing arrangements for the proposed casino or casino
               complex, the financial strength of the prospective developer and the financial projections for
               the proposed casino or casino complex.
        (3) Concept, which should include innovative and creative design and compatibility with the
               city's culture, features and other attractions
         (4}  Economic development, which should Include direct and indirect benefits to employment,
              tourism and redevelopment in the city.
       (5) Infrastructure improvements, which should include the prospective developer's plans for
              addressing and improving the city's infrastructure related to the proposed casino or casino
              complex.
       (6) Socia/, which should include the prospective developer's plan for addressing social issues
              associated with gaming, including compulsive gaming.
       (7) Preference qualiii'calion, which shall apply to those prospective developers that are entitled
              to a preference pursuant to section 21-6 of this chapter.
       (8} Adjacent Development Concept, which should include the projected impact of the casino
              development upon adjacent properties and the potential for connecting these properties
              through appropriate transportation means, to provide synergy for other downtown
              developments.
       (9) Service Fees, which should include proposed fees to be paid to the City to provide for !he
              health, welfare and safety services as negotiated between the developer and the City and
             contained in the development agreement.
   (d) The Commission shall advertise the availability of the request for proposals by publishing a
         notice one or more times in the newspaper designated to print official business of the City and
         may also advertise in other newspapers, gaming trade journals or other publications of general
         circulation, and m.ay send notice to persons likely to be interested therein,
   (e) The Commission or deslgnee may request additional information from the prospective
         developers and invite all prospective developers to attend informal conferences concerning the
         request for proposal process.
   (f) The Commission or designee shall require that prospective developers pay specified fees in
         order to compensate the City for Its costs of eV~lµating proposals, investigating prospective
         deiJelopers and negotiating development agreements, which fees shall be deposited into a
         designated City account. The Commission or designee may disqualify a prospective developer
         from further evaluation of its proposal, or the negotiation of a development agreement if it does
           not pay the specified fees.
   (g)    After the closing date for submission of prOposals, revisions or additional data may be solicited,
          if the Commission or deslgnee deems it necessa·ry, only from those prospective developers that
                submitted responses during the orlginal proposal stage. Such prospective developers witl"then
                have the opportunity to modify or supplement their proposals on such items as the Commission
                or designee may specify.
      (h)      All costs and expenses incurred by prospective developers relating to their proposals must be
                borne by the prospective developers. The City is not liable to pay_ such costs an~ exp~nses or to
                reimburse or to compensate prospective developers under any circumstances, mcludmg the
                rejection of any or all proposals or the cancellation of a development agreement.
       (i)     The Commission or designee may conduct the proposal process in one or more phases.

Sec. 21-4. Eligibility of prospective developers.
(a)   The Commission or designee may require information and assurances from a prospective developer
      to demonstrate to the Commission's satisfaction that the prospective developer is eligible to enter
      into a development agreement with the City.
(b)   Without limiting the foregoing, a prospective developer is not eligible to enter into a development
      agreement with the City if:
    (1) It does not demonstrate to the satisfaction of the Commission that it has the character, reputation,
         experience and financial capability to operate a casino or casino complex in the public interest;
    (2) It does not submit to the City a consent in the form required by the Commission, for itself and
         each of its officers, directors and owners, to allow the City to evaluate the personal and
         professional integrity and the professional capabilities of each ind'1vidual or any other matters
         deemed relevant by the Commission. Further, it shall submit to the City a release in the form
         required by the Commission, which shall absolve the City, its agents, or employees from liability
         for seeking information about the prospective developer from third parties. Such release shall also
         absolve the third parties from liability for providing such information; and,
    (3) It or any of its employees, agerits, contractors or representatives directly or indirectly, knowingly
         makes an improper cont~ct. For purposes of this subs-dCtion, there shall be a presumption that
         any such contact was made with the knowledge of its content and purpose: this presumption may
         be rebutted by the prospective or designated developer.

               a.    Nothing in this section shall prohibit the Commission or designee from contacting a
                    prospective developer to seek clarification of a proposal, preclude the prospective developer
                    from responding to such contact, preclude direct negotiations of development agreements
                    between the designated developer and its representatives and the Commission or designee
                    and their representatives, preclude the City Commission or its representatives from contacting
                    a designated developer to seek clarification of a proposed development agreement, or
                    preclude the designated developer from responding to such contact. With the exception of
                    those persons designated by the City Commission to make inquiries or to respond to inquiries
                    from prospective or designated developers, all such contacts must be either in writing or
                    recorded in writing within forty.eight (48) hours of the contact.

                    b.    The City Commission may designate one or more persons to respond to inquiries from
                          prospective or designated developers or to make inquiries on behalf of the Commission.
                          Any person so designated shall be named on a list made available to each prospective or
                          designated developer and to the public. Each such person may, as they deem
                          appropriate, keep a written record of any contact and shall make such record available to
                          the Commission upon request.
                    c.    A determination by the City Commission that a developer is eligible to enter into a
                          development agreement does not constitute a finding that the developer has been or will
                          be selected to enter into a development agreement, that the City Commission will approve
                          a proposed development agreement, or that the prospective developer will be issued any
                          necessary gaming licenses.

Sec. 21-5. Use of a competitive selection process.
The City shall use a competitive selection process to enter into development agreements with designated
developers whose proposals are determined in accordance with this chapter to be in the best interest of
the City. The development agreement negotiated by the Commission or designee with designated
developers shall be submitted to the City Commission for approval.

Sec. 21-6. Preference for proponents of gaming proposals.
(a)          In considering proposals and in selecting a prospective developer with whom the Commission or
             designee will negotiate a development agreement, a prospective developer is entitled to a
              preference if:
                (1) fls proposal meets the criteria estatii!ished by this chapter and tiY the request for propos'als
                (2) It was the initiator of a casino gaming proposal which was approved by the voters of this City;
                    and
               {3) It made significant contributions to the development of gaming within the city by actively
                   promoting and significantly supporting the proposal.

(b)          Notwithstanding any other provision of this chapter, no more than one preference shall be awarded
             to prospective developers who proposed City Ordinance No. 21, even if more than one prospective
             developer claims entitlement to such preference.

Sec. 21-7. Negotiations to enter into development agreements.
 (a)         After applying any preference to those prospective developers entitled to a preference pursuant to
             section 21·6 of this chapter, the Commission shall exercise it's discretion in selecting and entering
             into negotiations with the prospective developers whose proposals are deemed by the Commission
             to be in the best interest of the City. To assist the City Commisslon in its review and approval of
             development agreements pursuant to section 21-8 of this chapter, if the Commission does not enter
      .. :1v   Q .......... , ... ., .. ,\all\   Q~l\,l Outside Agencies                      $        132 912   $        195,582   $     188,000    $        59.701         32% $        188.000    $                     0.00%
                                                                          $        132,912   $        195,582   $     188,000    $        59 701         32% $        188,000    $                     0.00%


                Total Customer Value Added Activities                     $     16,727,953   $     17,191,579   $   17,457,166   $      3,187,782         18% $     17,457,166   $                     0.00%
                As a Percent of Total General Fund
                Expenditures                                                         72.0%              71.7%           73.2%              76.3%                         73.0%
             City of Muskegon
             Quarterly Budget Reforecast - 2003 1st Quarter - General Fund
             General Fund Expenditure Summary By Function

                                                                                                                                 Actual As                                         % Change
                                                                                                Original Budget Actual Through     % of         Revised          Change From       From 2002
                                                           Actual 2001        Actual 2002       Estimate 20• 3   March 2003      Revised     Estimate 2003       2002 Original      Revised
             II. Business Value Added Activities

     10101 City Commission
     5100      Salaries & Benefits                     $         56,483   $         60,555      $      62,793    $     12,450         20% $        62,793    $                      0.00%
     5200      Operating Suppnes                                 12,288             12,538             16,000             206          1%          16,000                           0.00%
     5300      Contractual Services                              36,894             48,510             41,964            6,992        17%          41,964                           0.00%
     5400      Other Expenses                                     7,631              9,758             11,000            1,592        14%           11,000                          0.00%
     5700      Capital Outlays                                                         528                                             NIA                                          0.00%
     5900      Other Financin uses                                                                                                     NIA                                          0.00%
                                                       $        113,296   $        131,889      $     1:i1,757   $     21 240         16% $        131,757   $                    __0.00%_
     10102 City Promotions & Public Relations
     5100      Salaries & Benefits                     $                  $                     $                s                     N/A $                 $                     000%
     5200      Operating Supplies                                                                      10,000              525          5%          10,000                         0.00%
(D   5300      Contractual Services                              24,563             26,499             35,572            4,664         13%          35,572                         0.00%
     5400      Other Expenses                                                               8                                           NIA                                        0.00%
     5700      Capital Outlays                                                                                                          NIA                                        0.00%
     5900      Other Financin uses                                                                                                      NIA                                        0.00%
                                                       s                            26,507             45,572            5,189                      45,572 _$_ _                 ___
                                                                                                                                                                                   O.Q.0°/4_
     10172 City Manager
     5100      Salaries & Benefrts                     $
                                                                 24,563

                                                                168,180
                                                                          '
                                                                          $        173,154
                                                                                                '
                                                                                                $      189,451
                                                                                                                 $

                                                                                                                 $      41,218
                                                                                                                                       11% $

                                                                                                                                       22% $       189.451   $                        0.00%
     5200      Operating Supplies                                 1,651              1,683               2,750             154          6%           2,750                            0.00%
     5300      Contractual Services                               2,055              2,563               3,750             423         11%           3,750                            0.00%
     5400      Other Expenses                                     2,149              3,037               2,750             332         12%           2,750                            0.00%
     5700      Capita! Outlays                                                         102               1,500                          0%           1,500                            0.00%
     5900      Other Financin Uses                                                                                                      NIA                                           0.00%
                                                       $        174 035   $        180 539       $    200 201    $      42.127         21% $       200,201   $                        0.00°/4_
     10145 City Attorney
     5100      Salaries & Benefits                     $                  $                      $               $                      NIA $                $                 0.00%
     5200      Operating Supplies                                   833                869              1,000                           0%           1,000                     0.00%
     5300      Contractual Services                             457,739            449,721            423,201           66,535         16%         423,201                     0.00%
     5400      Other Expenses                                                                                                           NIA                                    0.00%
     5700      Capital Outlays                                                                                                          NIA                                    0.00%
     5900_     Otl}er Financ::i[lQ U ~ ____                                                                                             NIA                                    0.00%
                                                        $       458 572   s        450,590       $     424 201   $      66 535         16% $       424 201    $                0.00%
                                                        s                                                                                                    _$_ _ _ _ _ :_ ___Qi)O%_
                                                                770466    $        789 525       $     801 731
                                                                                                                 '     135.091         17% S       801,731
              City of Muskegon
              Quarterly Budget Reforecast - 2003 1st Quarter - General Fund
              General Fund Expenditure Summary By Function

                                                                                                                                         Actual As                                        % Change
                                                                                                   Original Budget Actual Through          %of          Revised           Change From     From 2002
                                                            Actual 2001            Actual 2002     Estimate 2003    March 2003           Revised     Estimate 2003        2002 Original    Revised
    20173 Administration
    5100         Salaries & Benefits                    $        120,324       $        129,504    $       136,911    $        32,416         24% $       136,911     $                     0.00%
    5200         Operating Supplies                                1,784                  2,050              2,500                32           1%           2,500                           0.00%
    5300         Contractual Services                             15,734                 16,255             20,973               510           2%          20,973                           0.00%
    5400         Other Expenses                                    7,230                  5,415              8,000               893          11%           8,000                           0.00%
    5700         Capital Outlays                                   1,632                     73              2,000               977          49%           2,000                           0.00%
    5900         Other Financin Uses                                                                                                           NIA                                          0.00%
                                                        $        146.704       $        153,297    $       170,384    $        34.828         20% $        170,384    $                     0.00%
    20228 Affirmative Action
    5100         Salaries & Benefits                    $         72,256       $         84,810    $        92,465    $        18,902         20% $         92,465    s                     0.00%
    5200         Operating Supplies                                1,713                    757              2,672                 78          3¾            2,672                          0.00%
    5300         Contractual Services                              1,759                  1,356              1,872                 97          5%            1,872                          0.00%
    5400         Other Expenses                                    2,913                  4,187              4,803                119          2%            4,803                          0.00%
    5700         Capital Outlays                                     649                    723                                                NIA                                          0.00%
    5900         Other Financin Uses                                                                                                           NIA                                          0.00%
                                                                  79,290       $         91 833    $       101 812                                         101 812
~

0   20744 Julia Hackley Internships                     '                                 8.885              7,000
                                                                                                                      $        19.196         19% $
                                                                                                                                                                      '                     0.00%

    5100
    5200
    5300
                 Salaries & Benefits
                 Operating Supplies
                 Contractual Services
                                                        $         10,692       $
                                                                                                   '            10
                                                                                                                      $                          0% $
                                                                                                                                                 0%
                                                                                                                                                 NIA
                                                                                                                                                             7,000
                                                                                                                                                                10
                                                                                                                                                                      $                     0.00%
                                                                                                                                                                                            0.00%
                                                                                                                                                                                            0.00%
    5400         Other Expenses                                           20                                                                     NIA                                        0.00%
    5700         Capital Outlays                                                                                                                 NIA                                        0.00%
    5900         Other Financin Uses                                                                                                             NIA                                        0.00%
                                                        s                                 8,885              7,010
    20215 City Clerk & Elections
    5100          Salaries & Benefits                   $
                                                                   10,712

                                                                 208,602
                                                                               $

                                                                               $        234,459
                                                                                                   $

                                                                                                    $      245,398
                                                                                                                      $


                                                                                                                      $        46,564
                                                                                                                                                 0% $

                                                                                                                                               19% $
                                                                                                                                                             7,010

                                                                                                                                                           245,398
                                                                                                                                                                      '
                                                                                                                                                                      $
                                                                                                                                                                                            0.00%

                                                                                                                                                                                            0.00%
    5200          Operating Supplies                              35,327                 45,977             20,300              3,090          15%          20,300                          0.00%
    5300          Contractual Services                            31,458                 62,596             41,000              4,116          10%          41,000                          0.00%
    5400          Other Expenses                                   7,136                  5,437              3,000                300          10%           3,000                          0.00%
    5700          Capital Outlays                                  5,199                  5,813              2,000                 49           2%           2,000                          0.00%
    5900          Other Financin Uses                                                                                                           NIA                                         0.00%
                                                                  287,722      $        354,282     s      311,698    $        54,119                      311,698
    20220 Civil Service                                  '                                                                                     17% $
                                                                                                                                                                      '                     0.00%

    5100           Salaries & Benefits                      s     132,405          $     160,513       $   172,583              39,556         23% $       172,583                           0.00%
                                                                                                                                                                          '
                                                                                                                          $
    5200           Operating Supplies                              17,111                 15,396            10,950               1,760         16%          10,950                           0.00%
    5300           Contractual Services                            22,799                 22,138            23,200               4,460         19%          23,200                           0.00%
    5400           Other Expenses                                  12,336                  9,108             6,000                  10          0%           6,000                           0.00%
    5700           Capital outlays                                  8,600                  1.129             1,278                              0%           1,278                           0.00%
    S_gQ_O_   ______Qfil__er Financii:,g Uses                                                                                                   NIA                                          0.00%
                                                            s     193,251          $     208 284       s    214 011             45786          21% $        214,011       s                  0.00%
                                                            $     717,679          $     816,581       $    804 915       ''   153,929         19% $        804,915       $                  0.00"/o
              City of Muskegon
              Quarterly Budget Reforecast - 2003 1st Quarter - General Fund
              General Fund Expenditure Summary By Function

                                                                                                                                     Actual As                                            % Change
                                                                                                Original Budget Actual Through         % of           Revised       Change From           From 2002
                                                            Actual 2001         Actual 2002     Estimate 2003    March 2003          Revised       Estimate 2003        2002 Original      Revised

    30202      Finance Administration
    5100         Salaries & Benefits                    $       267,254     $       280,785     $     300,307     $       74,370          25% $         300,307     $                       0.00%
    5200         Operating Supplies                                9,554              6,663             6,600              1,835          28%             6,600                             0.00%
    5300         Contractual Services                             99,977             115,025            87,050            28,991          34%            86,450                   (600)    .Q.69%
    5400         Other Expenses                                    2,348               3,935             2,538               161           6%              2,538                            0.00%
    5700         Capital Outlays                                   2,085               4,730                                 123          21%               600                   600       0.00%
    5900         Other Financin Uses                                                                                                       NIA                                              0.00%
                                                        $        381,218    $       411 138     $     396 495     $       105 480         27% $         396.495     $                       0.00%
    30209 Assessing Services
                                                                                                                                                                    s
    5100
    5200
    5300
                  Salaries & Benefits
                  Operating Supplies
                  Contractual Services
                                                        $          6,759

                                                                 367,367
                                                                            $          6,093

                                                                                     390,926
                                                                                                '        7,620

                                                                                                      398,051
                                                                                                                  $         2,979

                                                                                                                            1,007
                                                                                                                                          39% $
                                                                                                                                           NIA
                                                                                                                                           0%
                                                                                                                                                           7,620

                                                                                                                                                        398,051
                                                                                                                                                                                            0.00%
                                                                                                                                                                                            0,00%
                                                                                                                                                                                            0.00%
    5400          Other Expenses                                      45                  60              100                  80         80%               100                             0.00%
    5700          Capita! Outlays                                                                                                          NIA                                              0.00%
    5900          Other Financin Uses                                                                                                      NIA                                              0.00%
                                                                 374,171             397,079
    30205      Income Tax Administration
                  Salaries & Benefits
                                                        '                   $

                                                                                     194,487
                                                                                                '      405,771
                                                                                                                  '
                                                                                                                            4,066          1% $          405,771    $                       0.00%

    5100
    5200
    5300
                  Operating Supplies
                  Contractual Services
                                                        '        213,846
                                                                  24,678
                                                                  34,092
                                                                            '         21,941
                                                                                      49,928
                                                                                                $      227,024
                                                                                                        24,800
                                                                                                        40,263
                                                                                                                  '
                                                                                                                           48,439
                                                                                                                            4,018
                                                                                                                            6,150
                                                                                                                                           21% $
                                                                                                                                           16%
                                                                                                                                           15%
                                                                                                                                                         227,024
                                                                                                                                                          24,800
                                                                                                                                                          40,263
                                                                                                                                                                    '                        0.00%
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0.00%
~
    5400          Other Expenses                                   1,648               1,410             1,000                 15             2%           1,000                             0.00%
~
    5700          Capital Outlays                                    206               5,807             2,000                100           5%             2,000                             0.00%
    5900          Other Financin Uses                                                                                                       NIA                                              0.00%
                                                                 274,470
    30253 City Treasurer
    5100          Salaries & Benefits
                                                        '
                                                        $        236,759
                                                                            $

                                                                            $
                                                                                     273,573

                                                                                     272,839
                                                                                                's     295,087

                                                                                                       295,645
                                                                                                                  $

                                                                                                                  $
                                                                                                                           58,722

                                                                                                                           64,422
                                                                                                                                           20% $

                                                                                                                                           22% $
                                                                                                                                                      ____1~Q87_$_

                                                                                                                                                         295,645    $
                                                                                                                                                                                          ____QJ)_Q%

                                                                                                                                                                                            0.00%
    5200          Operating Supplies                              35,489              32,865            32,232              8,177          25%            32,232                            0.00%
    5300          Contractual Services                            49,210              43,750            33,500              8,200          24%            33,500                            0.00%
    5400          Other Expenses                                     900               2,933             1,500                  1           0%             1,500                            0.00%
    5700          Capital Outlays                                  4,281              12,653             4,000                320           8%             4,000                            0.00%
    5900          Other Financin Uses                                                                                                       NIA                                             0.00%
                                                                                     365,040           366,877                                                      $
    30248      Information Systems Administration       '        326.639

                                                                 182,403
                                                                            '        235,640
                                                                                                '$
                                                                                                                  $        81,120          22% $         366,877

                                                                                                                                                                    s
                                                                                                                                                                                            0.00%

    5100
    5200
    5300
                  Salaries & Benefits
                  Operating Supplies
                  Contractual Services
                                                        '          2,024
                                                                  72,769
                                                                            $
                                                                                       2,345
                                                                                      66,905
                                                                                                       259,055
                                                                                                         4,700
                                                                                                        53.249
                                                                                                                  '
                                                                                                                           60,990
                                                                                                                               30
                                                                                                                            2,927
                                                                                                                                           24% $
                                                                                                                                            1%
                                                                                                                                              5%
                                                                                                                                                         259,055
                                                                                                                                                           4,700
                                                                                                                                                          53,249
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0,00¾
    5400          Other Expenses                                  12,457               8,049             9,000                104           1%             9,000                             0.00%
    5700          Capital Outlays                                 53,828              37,893            26,497              8,401          32%            26,497                             0.00%
    59QO         _Other Financing_JJses                                                                                                     NIA                                              0,00%
                                                         $        323 481   s         350,832    $      352,501   $        72 452          21% $          352,501   $                        0.00%
                                                                            s
    60265 City Hall Maintenance
                                                        '       1,679 979           1 797,662
                                                                                                 '    1,816,731
                                                                                                                  '
                                                                                                                          321,840          18% $        1.816,731
                                                                                                                                                                    '                        0.00%



                Salaries & Benefits                               64,853              66,138     $      65,153             15,651                         65,153
    5100
    5200
    5300
                Operating Supplies
                Contractual Services
                                                         $
                                                                  12,457
                                                                 214,595
                                                                            '         15,693
                                                                                     203,498
                                                                                                        14,850
                                                                                                       190,000
                                                                                                                  $
                                                                                                                            2,820
                                                                                                                           33,682
                                                                                                                                           24% $
                                                                                                                                           19%
                                                                                                                                           18%
                                                                                                                                                          14,850
                                                                                                                                                         190,000
                                                                                                                                                                    $                        0.00%
                                                                                                                                                                                             0.00%
                                                                                                                                                                                             0.00%
    5400        Other Expenses                                       598                                   500                              0%               500                             0,00%
    5700        Capital Outlays                                      253               12,500            8,477                              0%             8,477                             0.00%
    59_9_Q   _ _Other FinaQ<;:in Uses                                                                                                       NIA                                              0.00%
                                                                                                                                                         278,980                             0.00%
                                                                                                 ''
                                                                  292,756             297 829          278 980              52 153         19% $                        $
                                                         $
                                                         $        292,756   '
                                                                            $         297,829          278 980
                                                                                                                  $
                                                                                                                      $     52,153         19% $         278,980        $                    0.00%
             City of Muskegon
             Quarterly Budget Reforecast - 2003 1st Quarter - General Fund
             General Fund Expenditure Summary By Function

                                                                                                                                             Actual As                                         % Change
                                                                                                         Original Budget Actual Through        % of        Revised           Change From       From 2002
                                                                      Actual 2001         Actual 2002    Estimate 2003       March 2003      Revised     Estimate 2003       2002 Original      Revised

    80400 Planning, Zoning and Economic Development
    5100       Salaries & Benefits                                $       387,005     $       393,435    $     437,835   $        89,531          20% $       437,835    $                      0.00%
    5200       Operating Supplies                                          19,455              12,765           14,000             1,700          12%          14,000                           0.00%
    5300       Contractual Services                                        87,314               44,078          50,300             6,207          12%          50,300                           0.00%
    5400       Other Expenses                                               9,751               10,293           6,964               636           9%           6,964                           0.00%
    5700       capital Outlays                                              3,644                6,239           3,000                             0%           3,000                           0.00%
    59Q_O_     Othe[_fjn_ancing Uses                                                                                                               NIA                                          0.00%
                                                                  $       507,169     $       466 810    $     512,099   $        98,074          19% $       512.099    $                      0.00%
                                                                  $       507.169     s       466 810    $     512 099   $        98 074          19% $       512 099    $                      0.00%

             Total Business Value Added Activities                $      3,968,049    $      4,168,407   $   4,214,456   $       761,087          18% $      4,214,456   $                       0.00%
             As a Percent of Total General Fund
             Expenditures                                                    17.1%               17.4%           17.7%             18.2%                         17.6%

             II. Fixed Budget Items

    30999 Transfers To Other Funds
               Major Street Fund                                  $                   $        100,000   $               $                         NIA $                 $                       0.00%
               Local Street Fund                                           820,000             850,000         700,000           175,000          28%         620,000               (80,000)    ·11.43%
               Budget Stabilization Fund                                   250.000                                                                 NIA                                           0,00%
~              LC. Walk.er Arena Fund (Operating Subsidy)                  301,000             271,837         260,000            65,000          25%         260,000                            0.00%
N              Public Improvement Fund (Fire Equipment Reserve)            150,000             150.000         150,000            37,500          25%         150,000                            0.00%
               State Grants Fund (Grant Matches)                                               105,000                                             NIA                                           0.00%
               MOD State Rehab Loan Fund                                                                                                           NIA                                            0.00%
               TIFA Debt Service Fund                                                                                                              NIA                                            0.00%
               Tree Replc1_c_ement                                                                                                                 NIA                                           0.00%
                                                                         1,521,000

    30851 General Insurance
                                                                  '
                                                                  $        236,222
                                                                                      $

                                                                                      $
                                                                                             1,476,837

                                                                                               281,887
                                                                                                         $

                                                                                                         $
                                                                                                             1,110.000

                                                                                                               365,000
                                                                                                                         $

                                                                                                                         $
                                                                                                                                 2n.soo           27% $

                                                                                                                                                    0% $
                                                                                                                                                             1,030,000

                                                                                                                                                               365,000
                                                                                                                                                                         $          (80,000)     •7.21%

                                                                                                                                                                         $                       0.00%
    30906 Debt Retirement                                                  375,101             216,860         212,006             4,759            2%         212,006                           0.00%
    10891 Contingency and Bad Debt Expense                                 268,110             495,550         400,000            (65,394)        ·16%         400,000                           0.00%
    90000 Major Capital Improvements                                       139,543             140.414          85,000            12,275            5%         245,000             160,000      188.24%
             Total Fixed-Budget Items                             $      2,539,976    s      2,611,548   $   2,172,006   $       229,140           10% $     2,252,006   $           80,000      3.68%
             As a Percent of Total General Fund
             Expenditures                                                    10.!!%              10.9%          . 9.1%               5.5%                         9.4%


              Total General Fund                                  $     23,235,978    $     23,971,534   $ 23,843,628    $      4,178,009          17% $ 23,923,628      $           80.000      0.34%



             Recap: Total General Fund By Expenditure Object
    5100       Salaries & Benefits                                $     12,895,861    $     13,226,336   $ 14,246,608    $      2,964,052          21% $ 14,248,608      $            2,000       0.01%
    5200       Operating Supplies                                          790,815             705,722        728,431             101,161          14%      728,431                               0.00%
    5300       Contractual Services                                      6,991,218           7,496,547      7,092,034             730,590          10%    7,091,434                    (600)     .Q.01%
    5400       Other Expenses                                              159,350             186,615        '127,105             16,498          13%      127,105                               0.00%
    5700       Capital Outlays                                             502,633             662,617        327,444              83,449          17%      486,044                 158,600      48.44%
    59Q_O      AU Other Financing Uses                                   1,896,101           1 693,697      1,322,006             282,259          23%    1,242,006                 (80.000}     •6.05%
               Total General Fund                                 $     23,235,978    $     23,971,534   $ 23,843,628    $      4,178,009          17% $ 23,923,628      $           80,000       0.34%
             City of Muskegon
             Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                                 % Change
                                                                                        Original Budget   Actual Through Actual As % Revised Estimate       Change From          From2003
                                                Actual 2001         Actual 2002         Estimate 2003         March 2003     of Revised       ,00,             2003 Origin.II     Original                          Comments
    202      Major Streets and State Trunklines Fund
             Available Fund Balance • BOY   s       2.9B9,718   s       2,361,992   $         1,607,931   s      1,622,095                s    1,622.095_$_ _ ______!i,_164

             Revenues
              Special assessments           $         228,652   $         324,200   s           200,000   $                               $      200,000   s                      0.00%
              Federal grants                        3,331,781           3,487.352               656.000                                          584,000              (72,000)    -10.98%    STP GRANTS (LINCOLN ANO CRESTON PROJECTS)
              State grants                            186,000              91,973            10,950.000           135,717                     11,650,000             700,000      6.39%      SHORELINE DRIVE GRANTS
              State shared revenue                  2,513,944           2,582,023             2,675.215           192.140                      2,675,215                          0.00%
              Interest income                         159,976              95,702               100,000            15,228                       100,000                           0.00%
              Operating transfers in                                      100,000                                                                                                 0.00%
              Other                                   283,125           2,635,118               320,288             4,999                        320.288                          0.00%
                                            s                                       s                     s                                                s          628,000     4.21%
~
                                                    6 703.478
                                                                '       9,316 368            14 901,503           348,084
                                                                                                                                          '   15 529503

w   60900    Operating Expenditures
                                                                                                          s                               s
    $100
    S200
    5300
               Salaries & Benefits
               Opera~ng Supplies
               Contractual Services
                                            $         596,655 $
                                                      195,361
                                                      894,483
                                                                          608.476
                                                                          194,808
                                                                          976.042
                                                                                    '           905.439
                                                                                                209,200
                                                                                                831,651
                                                                                                                  224263
                                                                                                                   80,606
                                                                                                                  292,916
                                                                                                                                2'%
                                                                                                                                39%
                                                                                                                                35%
                                                                                                                                                905,439
                                                                                                                                                209.200
                                                                                                                                                831.651
                                                                                                                                                           '                      0.00%
                                                                                                                                                                                  0.00%
                                                                                                                                                                                  0.00%
    5400       Other Expenses                           5.589               6.082                 4,000                80       2%                4,000                           000%
    $700       Capital OuUays                           1.635                                                                   N,A                                               0.00%
    $900       Other flnanci[!S uses
                                            s
                                                      610,523
                                                    2,304.246 $
                                                                        3,059,793
                                                                        4,845,201   s
                                                                                                640.413
                                                                                              2,590.703   s       597.865       ,,.
                                                                                                                                0%
                                                                                                                                          s
                                                                                                                                                 940.413
                                                                                                                                               2.890,703   $
                                                                                                                                                                      300,000
                                                                                                                                                                      JOO.COO
                                                                                                                                                                                  4684%
                                                                                                                                                                                  11.58%
                                                                                                                                                                                             DEBT SERVICE· S300 0000 TRANSFER TO LOCAL STREETS


    90000    Pr,;,ject Expenditures
    5200        Operating Supplies          $                   s                   $                     $                     N/A       $                $                       0.00%
    5300        Contractual Services                5,026,958           5.211,064            13,670,000            314.785      2%            13,367,000             (303,000)    -2.22%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
    _:j700      Ca ital Out!                                                                                                    N/A                                                000%
                                            $       5,026,958   $       5.211,064   s        13,670.000   $        314.785       2%       $   13,367 000   s         (303,000)    -2.22%
                                            s       7331,204    $      10.056,265   $        16,260.703   $        912.650       6%       s   16.257,703                          -0.02%,

                                                                                    s                                         - - _ ,_ _ .893.895 _ $ _ 645.164
                                                                                                          '
                                            $       2,361,992
             Availab!.!_Fund Balance· EQY
                                                                '       1.622.095               248.731          1.057.529
               City of Muskegon
               Quarterly Budget Reforecast - 2003 1st Quarter . Other Funds
                                                                                                                                                                                % Change
                                                                                          Original Budget   Actual Through Actual As% Revised Estimate        Change From       From 2003
                                                  Actual 2001         Actual 2002         Estimate 2003      M.irch 2003    of Revised                        :mro Or;g;na1
      203      Local Streets Fund                                                                                                           """                                  Original                         Comments


               Available Fund Balance• SOY    $         122,966   $        156,747    $            87,279   $       9,701             s           9,701   s         (77,578)-

               Revenues
                Special assessments                               s                                         s                         s
                Federal grants
                State grants
                                              '         120,108

                                                         24.000
                                                                           143,845    $           100,000

                                                                                                  100,000
                                                                                                                                              100,000
                                                                                                                                              270,000
                                                                                                                                                          $
                                                                                                                                                                    270,000
                                                                                                                                                                   (100,000)
                                                                                                                                                                                 0,00%
                                                                                                                                                                                 0,00%
                                                                                                                                                                                -100.00%
                                                                                                                                                                                            EDA FOR SEAWAY INDUSTRIAL PARK
                                                                                                                                                                                            SHORELINE DRIVE GRANTS
                State shared revenue                    645.381             638,602               654,351          52,927                     654,351                             0.00%
                Interest income                          12,845              14,516                10,000             221                       10,000                           0.00%
                Operating transfers in                  820,000           1,050,000               700,000         175,000                      920,000              220,000      31.43%     GENERAL FUND TRANSFER; $300,000 FROM MAJOR ST
                Other                                                           806
                                              $             '"
                                                      1,623,098   $       1,647,769
                                                                                                   20,000             353
                                                                                                                                      s
                                                                                                                                                20,000                           0.00%
~

+So
      60900    Operating Expenditures
                                                                                      '         1,584 351
                                                                                                            '     228,501                    1,9743S1     $         390.000      24.62%


      '100       Salaries & Benefits          $         431,139
      5200
      ssoo
                 Opera~ng Supplies
                 Contractual Services
                                                        112,034
                                                        508,360
                                                                  '         546.438
                                                                            115,491
                                                                            705,199
                                                                                      '           443,157
                                                                                                   93,500
                                                                                                  571,529
                                                                                                            '     107,329
                                                                                                                   31,93S
                                                                                                                  150,834
                                                                                                                              2'%
                                                                                                                              34%
                                                                                                                              26%
                                                                                                                                      '        443,157
                                                                                                                                                93,500
                                                                                                                                               571,529
                                                                                                                                                          $                       0.00%
                                                                                                                                                                                  0,00%
                                                                                                                                                                                  0,00%
      SO
              Operating Expenditures
                Salanes & Bene~ts                     s                    $                   $                      $                  WA      $                  $                 0.00%
      S,00      Operating Supplies                                                                                                       N'A                                          0.00%
      5300      Contractual Services                                                  60,350                 60,000                      0%                60,000                     0.00%
      5400      Other E,,.penses                                                                                                         NIA                                         0.00%
      S700      Capital Outlays                                                                                                          NIA                                          0.00%
      5900      Other Financi Us5                                                                                                        NIA                                          0.00%
                                                      s                    s          60.350   $             60.000   $                  0%      s         60.000   $       - - - •_ _0.QO:'&

      90000      Projeet Expenditures
      5200         Operating Supplies                 $                    $                   $                      $                  NIA     $                  $                       0.00%
      5300         Contractual Services                          53,375               70,011                                             NIA                                                0.00%
      5400          Other Expenses                                                                                                       NIA                                                0.00%
      57QQ__ _      cae1tal Outla:G!                            593,174              793.961                375 000           20.636     6%               375.000                           000%      SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                                                           $                   $
                                                                645549
                                                                646.549    $
                                                                                     853 972
                                                                                     924.322   $
                                                                                                            375.000
                                                                                                            435,000
                                                                                                                      $
                                                                                                                      $
                                                                                                                              20.536
                                                                                                                              20.636
                                                                                                                                         6%
                                                                                                                                         5%
                                                                                                                                                 $
                                                                                                                                                 $
                                                                                                                                                          375.000
                                                                                                                                                          435,000   '                       0.00%
                                                                                                                                                                                            0.00%

              Available E..!!_n!I Balance• _EO_Y_ _   $        1.564.898   $         985,797   $          1,083.898   $    1,061,534              $       926.797   $         !157.101!
              City of Muskegon
              Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                           % Change
                                                                                        Original Budget      Actual Through Actual As% Revised Estimate    Change From     From 2003
                                                   Actual 2001         Actual 2002          Estimate 2003     March200J      of Revised     2003           2003 Original    Origin;;,(                         Comments
     482      State Grants Fund
              Available Fund Balance. BOY      s                   s                   s                     s                         $

              Revenues
               Special assessments             $                   s                   s                     $                         $                   s                 0.00%
               State grants                              363,056             984,837             2.628,434          64,297                    2,628.434                      0.00%
               Federal grants                            406.614                                                                                                             0.00%
               Sales of Property                                                                                                                                             0.00%
               Interest income                                                                                                                                               0.00%
               Operating transfers in                    693,281             110.612               220,000                                     220,000                       0.00%       LOCAL MATCHES
               Other                                                          10,000                                                                                         0,00%
                                               s       1,462.951                                                                                           s
                                                                                       '         2,848.434
                                                                                                             '
                                                                   $       1,105.449                                64.297             $      2.848.43-4                     0.00%
~

a,   30!J3G   Oper.:1.ting Expenditures
     5100        Salaries & Benefits           $                   s                   s                                               s                   s
     5200
     5300
     5400
                 Operating Supplies
                 Contractual Services
                                                                                                             '                 NIA
                                                                                                                               NIA
                                                                                                                               NIA
                                                                                                                                                                             0.00%
                                                                                                                                                                             0.00%
                                                                                                                                                                             0.00%
                 Other Expenses                                                                                                NIA                                           0.00%
     5700        Capital Outlays                                                                                               NIA                                           0.00%
     5900        Other Financin Uses                                                                                           NIA                                           0.00%

     90000    Project Expenditures
                                               s
                                                                   •                   '                     '                 NIA
                                                                                                                                       '                   '                 0.00%

                 Operabng Supplies                                 s                   s                     s
     ""'
     5300
     5,00
                 Contractual Services
                 CaQital OuUa~
                                               $
                                                       1,283,344           1.099,837
                                                                                                                               NIA
                                                                                                                               NIA
                                                                                                                                       s                   $                 0.00%
                                                                                                                                                                             0.00%
                                                         179,607               5,612             2,848.434         205.786      7%            2,848,434                      0,00%       SEE ·BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                                                       1.462,951   s       1,105,449                         s                                             s
                                                       1.452.951   s       1,105.449   ''        2,848,434
                                                                                                 2.848.434   $
                                                                                                                   205,786
                                                                                                                   205,786
                                                                                                                                7%
                                                                                                                                7%      ''    2,848.434
                                                                                                                                              2,848,434
                                                                                                                                                                             0.00%
                                                                                                                                                                             0.00%
              Available Fl_Jr,d Balance· EOV   s                   L
                                                                                        '                    '     (141.489)            $                  $
             City of Muskegon
             Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                               % Change
                                                                                         Original Budget    Actual Through Actual As% Revised Estimate        Change From      From 2003
                                                 Actual 2001         Actual 2002         Es~mate 2003        Maich 2003    of Revised       ,oos              2003 Original     Original                            Comments

     594     Marina & Launch Ramp Fund
             Available Cash Balance - BOY s 2,292                $          66,148   $           {54,874) S      (183,560)            $       p83.560) S           (128.686)

             Revenues
             Spec·,a1 assessments            $                   $                   $                      $                         $                   $                     0.00%
              State grants                             159,150              37,352               160,000                                       160.000                           000%      GRANTS FOR DREDGING AND ELECTRICAL WORK
              State sharetl revenue                                                                                                                                              0.00%
              Charges ror services                     292,144             275,736               260,000           94,150                      260,000                           0.00%
              Interest income                            1,544                 SQQ                                                                                               0.1)0%
              Operating transfers in                                                                                                                                             0.00%
              0'1>e,                                     2,128                 575               250.000                                       250,000                           0.00%     tNTERFUND LOAN FOR LOCAL GRANT MAT__Q_I-:!_
                                             $         4S4.966   s         315 263   $           670,000    $      94.150             5        670,000    $                      0.00%

~
     70756   Operating Expenditures
(D   5'00       Salaries & Benefits          $          92,244   $         106,934   $           126,550    $      10,246      S%      $       126,550    s                      0.00%
     5200       Operating Supplies                       7,942              13,030                13,300                       0%               13,300                           000%
     5300       Contractual Services                   127.477             107,812               113,142           11,352     ,0%              113,142                           000%
     5400       Other E~penses                             545               1,020                 1,500                       0%                1,500                           000%
     5700       Capital Outlays                                                                                               N,A                                                0.00%
     5900       Other Financing Uses
                Other Cash Uses (e.g. Debt
                                                           "'                                                                 WA                                                 000%

             Principal                                   5,126              20,980                                             N/A                                               0.00%
                                             s         223,643   $         207 816   $           254.492    5      2, 598      S%      $      • 254 492
                                                                                                                                                          •                      0.00%

     90000   Project Expenditures
     5200
     5300
               Operafing Supplies
               Contractual Services
                                             $
                                                       167.467
                                                                 $
                                                                           357,155
                                                                                     $
                                                                                                  320,000
                                                                                                            s
                                                                                                                   46,319
                                                                                                                               WA
                                                                                                                              1'%
                                                                                                                                       $
                                                                                                                                               320,000
                                                                                                                                                          •                      0.00%
                                                                                                                                                                                 0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETA!L
     5700      Ca ital Outla                                                                                                   WA                                                0.00%
                                                       167 467   $
                                                                 s
                                                                           357 155   s
                                                                                     s
                                                                                                  320,000
                                                                                                  574,492
                                                                                                            •      46,319     "%       $       320,000    $                      0.00%


             Avajlab~Cash Bala~ce - EOY      $
                                                       391.110

                                                     -~~         s
                                                                           564,971

                                                                           p83,560) $              40,634
                                                                                                            $

                                                                                                            $
                                                                                                                   67,917

                                                                                                                  ps7.J27!
                                                                                                                              12%
                                                                                                                                       's      574.-492

                                                                                                                                               !88,052) $           p28,686)
                                                                                                                                                                                 0.00'
            City of Muskegon
            Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                            % Change
                                                                                        Original Budget   Actual Through Actual As% Revised Estimate   Change From          From 2003
                                                Actua\2001          Actual 2002         Estimate 2003      March2003      of Revised      2003             2003 Original     Original                         Comments
    584     Municipal Golf Course Fund
            Available Cash Balance. BOY     s                   s                   s
            Revenues
                                                    1.151,296             492,650               414,650
                                                                                                          '     498,322
                                                                                                                                    '       498.322
                                                                                                                                                       '
                                                                                                                                                                  83,672


             Special assessments            s                   s                   s                     s                                            s
             State grants
             State shared revenue
                                                                                                                                    '                                         0.00%
                                                                                                                                                                              0.00%
                                                                                                                                                                              0.00%
             Charges for services                                                                                                                                             0.00%
             Interest income                          55,488               11,985                 2.500           1,702                        2.500                          0.00%
             Operating transfers in                                                                                                                                           0.00%
             Other                                                                                                                                                            0.00%
                                                                                                          s                                            s
N   70542   Operating Expenditures
                                                      55,488
                                                                '          11,985
                                                                                    '             2,500           1.702
                                                                                                                                     '         2,500                          0.00%


0                                           s
    S\00      Salaries & Benefits                                                   s
    5200
    5300
               Operating Supplies
               Contractual Services
                                                                '                                         '                 N'A
                                                                                                                            NIA
                                                                                                                            NIA
                                                                                                                                     '                 '                      0.00%
                                                                                                                                                                              0,00%
                                                                                                                                                                              0.00%
    5400       Other E:o:.perises                                                                                           NIA                                               0.00%
    5700       Capital Outlays                                                                                              NIA                                               0.00%
    5900       Other Financing Uses                   714.134               6.313               220.000                      0%              220.000                          0.00%     LOCAL MATCH FOR TRAIL PROJECT GRANTS
               Other Cash Uses (e.g. Debt
            P£!!,~_IL__ __                                                                                                   NIA                                              0.00%
                                                      714,134                       s                                                                  s
    90000   Project Expenditures
                                                                '           6.313               220,000
                                                                                                          '                  0%
                                                                                                                                     '       220.000                          0.00%


    5200                                                                                                  s
                                            '                   '
               OperaUng Supplies                                                    $                                        NIA     $                 $                      0.00%
    $300       Contractual Services                                                                                          NIA                                              0.00%
    _5700     .S:,13pitat Quo~                                                                                               NIA                                              0.00%
                                                                s                   s                     $                  NIA     $                 $                      0.00%
                                                      714,134                                                                        s
            Available Cash Balance. EOY     s         492,650
                                                                '           6.313
                                                                                    '           220.000
                                                                                                          '                  0%              220,000

                                                                                                                                                       s
                                                                                                                                                                              0.00%


                                                                                    '
                                                                $ _       498.322               197,150   $
                                                                                                                                     '
                                                                                                                 500,024                     280,822               83,672
               City of Muskegon
               Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                                         % Cllange
                                                                                                  Original Budget    Actual Through Actual As% Revised Estimate         Change From      From 2003
                                                        Actllal 2001         Actual 2002          Estimate 2003       March2003     orRev,sed       2003                2003 Original     Original                         Comments

      661      Equipment Fund
               Available Cash Balani;e • BOY       $          380,984 _$_          367,B§j_   $_ _ _ 467.711         s     657.212              s   _    _1,;gl.1.L__!_       189.501

               Revenues
                Special assessments                s                     s                    $                      s                          $                   $                      0.00%
                Slate gralltS                                                                                                                                                              0.00%
                State sh:.red revenue                                                                                                                                                      0.00%
                Charges for services                         1,985,638           2,287,485              2,150,000          551,091                      2,150,000                          0.00%
                Jnlerest income                                 21.873              10,123                 10,000            1,819                         10,000                          0.00%
                Operating transfers in                                                                                                                                                     0.00%
                _000                                           127 412             135,071                100,000           42.572                        100 000                          000%
                                                    $        2 134 923   $       2,432 679    $         2 260,000    s     595,482              $       2,260,000   $                      0.00%

f'0   60932    Operating E,cp,mdilures
~     5'00       Salaries & Benefits                s          446,604   $         406,279                414,424    s      99,743              $        414.424    $                      0.00%
      S,00        Operating Supplies                           649,641             523,881
                                                                                              $
                                                                                                          463.840          132,027     '"
                                                                                                                                       '8%               463,840                           0.00%
      5300        Contractual SeNices                          459.869             449,607                552,786           81,453     15%               552.786                           0.00%
      5'00        Other Expenses                                 4.070               6,034                  S,000                       0%                  S,000                          0.00%
      5700        Capita! Outlays                              713.321             732,328                827,120            1,016      0%               627,120                           0.00%     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
                   Other Flnanclr,g Uses                                                                                               WA                                                  0.00%
      '""          Olher Cash Uses (e.g. Debt
               P_rJrn::ipal                                    125,449             25.169                                              N,A                                                 0.00%
                                                             2,148,056   s       2143,318     $         2,263170     s     314,239     14'.!§   $       2.263 170   $                      0.00%

      90(100   Project Expendilures
      S,00                                                                                    s
                                                                                                                                                                    '
                  Operating Supplies                $                    $                                           $                 WA       $                                          0.00%
      5300        Contractual SeNices                                                                                                  NIA                                                 0.00%
      5700        Ca~ital Outla                                                                                                        NIA                                                 0.00%
                                                    s                    $                    $                      $                                                                     0.00%
                                                    s        2,148,056   s       2143,318     $          2,263.170   $     314,239
                                                                                                                                       N,A
                                                                                                                                       14%      '
                                                                                                                                                $       2 263 170   '                      000%

               Available Cash B.ilance.'.:..£QY   _ $__        367,651   $         557.212    $           464,541    $     938.455___ __$                 654,042   $          189,501
             City of Muskegon
             Quarterly Budget Reforecast • 2003 1st Quarter • Other Funds
                                                                                                                                                                                 % Change
                                                                                            Original Budget   Actual Through Actual As% Revised Estimate   Change From           From 2003
                                                   Actual 2001          Actual 2002          Estimate 2003     March2003     of Revised       200,             2003 Original      Original                         Comments
     642     Public Service Building Fund
             Available Cash Balance• BOY       s        (200,083) $          [11CfB02) S            {67,216) S      (75,628)            $        (75,628) $            (8,412)

             Revenues
              Special assessments              s                    $                   $                     $                         s                  s                      0.00%
              Stategr.;mts
                                                                                                                                                                                  0.00%
              State shared revenue                                                                                                                                                0.00%
              Charges for servii::es                     557.060              612.766               557,060         153,192                     557,060                           0.00%
              Interest income                                                                         1.000                                        1,000                          0.00%
              Operating transfers in
                                                                                                                                                                                  0.00%
              Other
                                                                                                                                                                                  0.00%
                                               s         557,060                        s                                               s
                                                                    '         612 766               558,060
                                                                                                              '     153.192                     558 060
                                                                                                                                                           '                      0.00%

""
""
     60442
     5100
             Operating Expenditures
               Salaries & Benefits             s         178,227    $         177,196   s           183.508   s      40.096    22%      s       183,508    s                       0,00%
     S200      Operating Supplies                         22,582               27.049                25,950           1,587     6%               25,950                            0,00%
     S300      Contractual Services                      193.075              225,738               224,424          64,084    29%              224,424                            0.00%
     5'00      Other Expenses                             (1,951)              11,572                 1,500           2,212    147%               1,500                            0.00%
     5700      Capital Outlays                            68.738               67,543               120.000             S14     0%              120,000                            0.00%     SEE "BUDGETED CAPITAl IMPROVEMENTS" FOR DETAIL
     5900      Other financing Uses                                                                                             NIA                                                0.00%
             Other Cash Uses and Adjustments
             (e.g. Debi Principal)                         7,107               68.494                                           NIA                                                0.00%
                                                         467,779    s         577.592   s
     90000   Project E;,;pendltures
                                                                                                    555,382
                                                                                                              '     108.493     20%     $        555,382   $                       0.00%

     5200      Operating Supplies              $                                                                                        s                  s
     5300
     5700
                contractual Services
                Caeital Cutia~
                                                                    '                   '                     '                 NIA
                                                                                                                                NIA
                                                                                                                                NIA
                                                                                                                                                                                   0.00%
                                                                                                                                                                                   0.00%
                                                                                                                                                                                   0.00%
                                                                    s
                                                         467 779    $         577,592   's          555.382
                                                                                                              $
                                                                                                              $     108.493
                                                                                                                                NIA
                                                                                                                                20%     's       555 382   '                       0.00%
                                                                                                                                                                                   0.00%
             Availa_Ql_e Cash Balanc~__'§Q_Y   _s_      (110,802) $           (75,628) S             (64,538) S     !30,929)
                                                                                                                                        '        (72,950) S            (8.412)
              City of Muskegon
              Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                               % Change
                                                                                            Original Budget   Actual Through Actual As% Revised Es~mate       Change From      From 2003
                                                    Actual 2001         Actual 2002         Estimate 2003      March2003     of Revised       2003            2003 O"ginal      Ong;n_al   Comments

      643     Engineering Services Fund
              Available Cash Balance• BOY       $         117,697   s         144.167   s           192,831   $     101,200             s       101,200   $         (91,631!

              Revenues
               Special assessments              s                                                             s                         s
               State grants
               State shared revenue
                                                                    '                   $                                                                 $                     0.00%
                                                                                                                                                                                 0.00%
                                                                                                                                                                                 0.00%
               Charges for services                       554,621             488,240               656,756         101,161                     556,756                          000%
                                                                                                     10,000
               Interest income
               Operating transrers ·1n
               Other
                                                            6,378

                                                           28 005
                                                                                3,000

                                                                               27.206
                                                                                                                       '°'                       10,000                          0.00%
                                                                                                                                                                                 0.00%
                                                                                                                                                                                 0,00%
                                                          589,004   s         518.446   s           666,756   $     101 567             $       666,756   s                      0.00%

f'0
w     "'"     Operating Expenditures
                                                                    s                                                                   s
      5'00
      5200
      5300
                Salaries & Benefits
                Operating Supplies
                Contractual Services
                                                '
                                                          405,17S
                                                           18,746
                                                          127,790
                                                                              373,101
                                                                               22.198
                                                                              136,545
                                                                                        '
                                                                                                    486,146
                                                                                                     20,830
                                                                                                    160,000
                                                                                                              '      74,635
                                                                                                                      6,643
                                                                                                                     29,561
                                                                                                                                '5%
                                                                                                                                32%
                                                                                                                                18%
                                                                                                                                                486,146
                                                                                                                                                 20,830
                                                                                                                                                160,000
                                                                                                                                                          '                      0.00%
                                                                                                                                                                                 0.00%
                                                                                                                                                                                 000%
      5'00      Other Expenses                              1,844               1,441                 6,300           1,351     2'%               6,300                          0.00%
      5700      Capital OuUays                             14,568               6,326                16,950           2,526     '5%              16,950                          0.00%
      $900       Other Financing Uses                                                                                           NIA                                              0.00%
              Other Cash Uses and Adjustments
              ~ e h t Principa_lJ _ _ _                     5,967              21 802                                           NIA                                              0.00%
                                                                    $                   s                                                                 s
      90000   Project Expenditures
                                                          562.156             561.413               690,226
                                                                                                              '     114,938     '7%
                                                                                                                                        '       690 226                          0.00~


      5200                                                          s                                                                   s
                                                '                                       $
                                                                                                              '                 NIA
                                                                                                                                                          '
                Operating Supplies                                                                                                                                               0.00%
      5300      Conttactual Services                          378                                                               NIA                                              0.00%
      ~700      Ca ital Cutia                                                                                                   NIA                                              000%
                                                                                                              s
                                                              378
                                                                    '                   '                                                                 '                      0.00%

                                                                                                                                        ''
                                                                                                                                NA                                                         0.00%
                                                    $        1 011 383     s         987,923    $         1,151.771    s         186,110       16%      $         1,151,771    $                      _    0.00%

    90000     Project Expenditures
    5200        Operating Supplies                  $                      $                    $                      $                       NIA      $                      $                           0.00%
    5300        Contractllal Services                        1,363,419              1,036,817             8,491,800               24,139       2%                 1,213,500             (7,278,300)       -85.71%    SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL
    S700_ _     ~!_a_l_Oulla                                                                                                                   NIA                                                         0.00%
                                                             1,363 419     $        1 036,817   s          8,491,800       $      24 139       2%           $     1,213,500        $    [7.278 300)       -85.71%


              AVailable Cas~_.i_l_;ance ~o___r
                                                             5,629,540

                                                  _··_,_ _ 5,071,320
                                                                           $

                                                                           s
                                                                                    4,932 875

                                                                                    4,169,460
                                                                                                's        12,488,196

                                                                                                            865.341
                                                                                                                           '
                                                                                                                           $
                                                                                                                                 683,533

                                                                                                                               3.864,053
                                                                                                                                               13%
                                                                                                                                                        's        5,209,896

                                                                                                                                                                  4,235,564        $     3,370,223
                                                                                                                                                                                                          -58.28~
               City of Muskegon
               Quarterly Budget Reforecast - 2003 1st Quarter - Other Funds
                                                                                                                                                                                                        % Change
                                                                                                       Original Budget    Actual Through Actual As% Revised Estimate                   Change From      From 2003
                                                          Actual 2001           Actual 2002            Estimate 2003          March 2003       of Revised        2003                  2003 Original     Original                          Comments


     590       Sewer Fund
               Available Cash Balance. BOY        s                                                s                      s                                 ,-    t231,951         s        (213,967)
               Revenues
                                                              1,445.721
                                                                           '        1,027,063                1.445,918            1,231,951


                Special assessments               I                        $                       $                      I
                                                                                                                                                            '                      '
                                                                                                                                                                                                          0.00%
                Federal grants                                                                                                                                      57 .000                   57.000      0.00%      EDA GRANT FOR SEAWAY INDUSTRIAL PARK
                SI.ale grants                                                         462,131                  100,000                                             100,000                                0.00%      SHORELINE DRIVE
                State shared revenue                                                                                                                                                                      0.00%
                Charges for services                          3,808,493             4,009,593                4,775,000             366,442                        4.775.000                               0.00%
                Interest income                                  69,601                22,263                   40,000               J,690                           40,000                               0.00%
                Operating transfers in                                                                                                                                                                    0.00%
                Other                                           113.201                 7 591                   80,000                7.548                          80 000                               0.00%
                                                  s                        s                       s         4,995 000             377.680                  s     5,052,000        s           57.000     1.14%

               Operating Expenditures Administration
                                                              3,991.295             4,501.578
                                                                                                                          '
     """'
     s,oo
     S200
                  Salaries & Benefits
                  Operating Supplies
                                                   s                       •                       s                      s                       N'A
                                                                                                                                                  NIA
                                                                                                                                                            s
                                                                                                                                                                                   '
                                                                                                                                                                                                          0.00%
                                                                                                                                                                                                          0.00%
""
0)
     5300         Contractual Services                          629,842               370,396                  292,940               57,387       20%
                                                                                                                                                  NIA
                                                                                                                                                                    292,940                               0.00%      INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE
     5400
     5700
     5900
                  Other Expenses
                  Capital OuUays
                  Other Financing Uses
                                                                  9,835

                                                                651,981
                                                                                       13,300

                                                                                      741.054                   152,987
                                                                                                                                         "
                                                                                                                                     89,256
                                                                                                                                                  NIA
                                                                                                                                                  58%               152.987
                                                                                                                                                                                                          0.00%
                                                                                                                                                                                                          0.00%
                                                                                                                                                                                                          0.00%      INTEREST ON SEWER BONDS
               Other Cash Uses and Adjustments
               je.g. Debt Princieal)                             551.971               32.972                   455,315                            0%               455.315                               0.00%      PRINCIPAL ON SEWER BONDS
                                                                           s        1,157,722                                                               s
     60SSS     Operating Expenditures Maintenance
                                                               1 843.629
                                                                                                   '            901,242
                                                                                                                          '         146,690       IS%               901.242
                                                                                                                                                                                   '                      0.00%


     5100
     S200
                 Salaries & Benefits
                 Operating Supplies
                                                 s               587.142
                                                                  54,343   '           659.059
                                                                                        95,733
                                                                                                   s            749,491
                                                                                                                 59,605
                                                                                                                          s         123,573
                                                                                                                                      6,420
                                                                                                                                                  16%
                                                                                                                                                  11%
                                                                                                                                                            s       749.491
                                                                                                                                                                     59,605        •                      0.00%
                                                                                                                                                                                                          0.00%
     5300        Contractual Services                          1,684,616             1,579,258                2,150,587             194,918        9%             2,150,587                               0.00%
     5400        Other Expenses                                    2,093                 3,0/)./                  2,800                            9%                 2,800                               0.00%
     5700
     _fil?OO
                 Capital Outlays
                 Other Financin Uses
                                                                   8,511                 4.055                   13,900                 "'
                                                                                                                                        554       4%
                                                                                                                                                   NIA
                                                                                                                                                                     13,900                               0.00%
                                                                                                                                                                                                          0.00%
                                                                                                                                                                                   s
     90000     Project Expenditures
                                                               2,336.705
                                                                           '         2.341,109
                                                                                                   '          2,976,383       5     325 721        11%
                                                                                                                                                            '     2.976 383                               0.00%


     5200
     5300
     5700
                 Operating Supplies
                 Contractual Services
                 Ca ital OuUa s
                                                      '          229.619   '           797,859
                                                                                                   I
                                                                                                                665,000       '      28,004
                                                                                                                                                   NIA
                                                                                                                                                   ,%
                                                                                                                                                   NIA
                                                                                                                                                             s
                                                                                                                                                                     665,000       •                       0.00%
                                                                                                                                                                                                           0.00%
                                                                                                                                                                                                           0.00%
                                                                                                                                                                                                                     SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL

                                                                 229,619               797,859     s            665,000              28,004        ,%                665 000                               0.00%

                                                                           ''                                                                                '
                                                                                                                              5                                                        5
                                                               4.409,953             4,296.690     5          4,542,625       s     500415         11%       s     4,542.625                               Q,Q_Q~_

               Available Cash Balance. EOY
                                                      •        1,027,063
                                                                           '         1.231,951     s          1,898,293       5    1,109,216
                                                                                                                                                             •     1,74'!..,_326
        City o; Muskegon
        ___                 ---------------------·-·---------r
                                                                              --[- -
                                                                                                       --~---
                                                                                                                                         !
                                                                                                                                             ·-·
                                                                                                                                                          --,----~                      -----7----- - ----
                                                                                                                                                                         ----------·----+---·--------- ··-----
        QuarterlyBudget Reforecast-20031s!Quarter!

        Bud~Ldfapit_aJimyr_'?"e-=-e11ts~---------1--------;.----=~=
                                                                                                        !




                                                                                                        ·1                      . .
                                                                                                                             0 9 8
                                                                                                                                         I




                                                                                                                                        i.
                                                                                                                                                        __   :r-=--+-=~~-=f-- _ -
                                                                                                                                                   1st Quarter[
                                                                                                                                                                 i


                                                                                                                                                                 2nd Quarter'!
                                                                                                                                                                               :


                                                                                                                                                                                 3rd Quarter,
                                                                                                                                                                                                   !




                                                                      ,        I
                                                                                 I Responsibility                              " d'" :
                                                                                                                              8 u ge1
                                                                                                                                                       Budget'-
                                                                                                                                                              1
                                                                                                                                                                     Budgeti
                                                                                                                                                                              ·
                                                                                                                                                                                     Budget!
                                                                                                                                                                                             ,
                                                                                                                                                                                                                                  Comments
               -----i--- -
                                               ______________________ (-------+---- ______ _;___                                                   Reforec;as~ __ Reforecas-;-___ Reforecas; _ _ _ _ _

                                                                                                                    ~~ - - - - I ________ j -----·-----------
                                                                                 I                       I                               .                       I                                 '
        - - ____J                            ~ - - - - - - · - - - - - ~ - - - - - - - - ____ I __

                                  . - - - - , · - - - - - - ----- ---- ----- -------r-~-·
                                                                                                                  2003 PROJECTS
         101 General
        ______ 1
              --· -
                    1
                     Fund
                       -  --------------                                 ----        --      --          r---- -                       , ---- ----
                                                                                                                                      ,-----           ,   -------------------•,
        _ 92DO}+city Hall Elevator Upgrade_ and Poi;_ce Air Conditioning _ , ..          Al-Sha tel __ $ ~ 55,000 , $ ___ 55,0D~D
                                                                                                        r'                      I                        ______ i _____ 1- ____ _
         _91002~ireStationlocation/Operation_Analysis __________                          Simpson            ______                 -        __ 25,000   _ _ _ L ______ I_ _ _ _ _ _ _ c.1nyoverFrom2~02
        _9_1004 __:£:_ees~ParkRes~"?~~~~~~t~n~nceBuil~ing                                  ~c~ __ j_ _ _ _ _                        -    ~--135,000 ______                     !__           ___ J _____ ----~-rry~v=~~om2002 _ _ __
                                                                                                                                        l--=
        =-:-=-=----~-~~-~=--- =-···-~---
          92003 ;city Hall Energy Audit Recommendations Implementation                   AI-Shatel       \


                                                                                                                                               :=--=~~7 =--~- - =-==-=~~--=-- -- -
                                                                                                                             30,000            30,000      I




                                                                                                                                         :-----t--~--__
                                                                                                                                                                                                    I



                                                                                         ------J                  ·--•~:OD~ _:__245,0:_
        _290 jSmartzoneLDFA___ ____
        ----+~\IS_U_"~~-ergt.S:e_n_~~~r_o::f_Ex_
                                               ..~e_l_le_n_ce~--------
                                                                                         ---~   1--- _
                                                                         _____,_B_ruba_k_e_r-Cl~~,- _                                                                    ----+-~----~·----1~ ·---      1_ _ _



                                                                                                                                                               -=+-....-.==-r=-=-~-----i_--=:_~~-~
                                                                                                                      _2,_~8_5,977_ __ 3,~00,0q£l____                                                               _F..:_'.lanc~:_'l''.t~-~FA_~x lncreme~t~onds


         404 ~Public lmproveme-ntFund                                    =--=- J. _
                                                                                 I_          -- - _L _ ---
         99020 [Industrial Park Property Acquisition_________________ ~ 1:u_baker-C!arke;. ____ so,00~-+-..---- 50.~00
                                                                                                                                        +- --             --
                                                                                                                                                                          _____                    --=--:-~
                                                                                                                                                                                        _______ ----\---- __
                                                                                                                                                                                                                                              ~~    --
        -~:=~:1~;;~~: ---·-------_________ ---!- !::~:-~;_-_;______ 3~~;~~~J:· _ 3~~;-~~?-L ________1J __··_ -~-~ _·
                                                              _:=_-:----r- --7-- f-~_::1-----.
r'0                                                                                                                                                                                                          ----~---~--:=ceS-=~~n-------
-.._j
                                                                                                                         375 000

        -202 :Major Streets                        _::_-:                                                                       .                                              J_:_-:-_ -=:i---__:_ .-
        ~~6~~~~:;;t~i\;;,~~~~:::~:-;-~~6~ --- ----- I ;::~~::r-1-=--- ~~6:666 1 4
        ~ bJJ!~-[-.a-~I:~~n~~~f:::~---_-__-·_--_-_-:: -====--==::;_-_-_-:_ -:~-~~-::-:=r---------{~~
         :~-6-:f !
                                                                                                                                                 ~=-    ~666+-=--- - · - - __ i _:__~~~--~:.._~---=t~~Miij~d-Re~~rf;~~:~a~r::t;~~1b:~!!·

                                                                                                     -?~:~+~=-=-----~-------±----~~---~-··1--~_-.:_M-!l-.1.~-,-,-R-.-,urf~~ .
                                                                                                                               0
                                                                                                                                ~,}~6~6-+-__-__--
                                                                                                                                               -
                                                                                                                                                                                                                                                        4
                                                                                                                                                                                                                                                         ~~-·j~-~~-~i-=-
                                                                                                                                                                                                                                Partia~y "Fun~~~~$230,009 ST
        ,____ ,__ ----- -----------~-----·--                                                       __ ]_ ____ .---- -                                            - - - -- 1 - - - - - - - ~ - - --·-                                  ---·----·
         91031          !   Hackley Avenue, Huson to Seaway                          ·    AI-Shatel                          160,000         I           7,000 :                ·                                          Special Assessment Failed
                                                                                                                             2~ioo~ 3~~~?:oo _I                                                                         ~~~nst~~i~n '.Added-'~!~~:~~~- . - -

                                                                                                                                                                                 =--~[   ~--
        -·910~~~112~ st~~e< lrwi~·t;;-Getty ;~·Nims to Wood                               Al-Sha tel                                                                                                        ----- --
          91027 1Terrace St., Iona to Peck                                                AI-Shatel          i               230,000 :                 300,000       I                                                           Re~onstruction

        -~6~t:~~.:;"fl~n~_Jf~i~:~                ~~~~h~eu~r~: and~"-m,a")__ . :
          ~-6017 --\Shoreline Drive East - - - ~ ~            .... _____ _           '
                                                                                          ~::~~=-T
                                                                                          Al-Shatel          ,
                                                                                                                             ~6:6661 _
                                                                                                                       8,500,oooi::= 8,500,000 1
                                                                                                                                                   =-~~}~66::r--- - - --- :
                                                                                                                                                                               += -~ _ j
                                                                                                                                                                                                            ~~                     Rec~~c~n----~-=---=--
                                                                                                                                                                                                            N=_"°".:""'"'"---""''"'-'-"-" '°-"'"""~'"".'""'""-~""'
                                                                                                                                                                                                                                                                       -


        __9163~.. LShor,e~.i~e D~_ve fr?m Terrace to Sou~~~rn _                           Al~atel            ]         3,050,0~~..l__.~..'..~~.~9..e_ I . - - - - - ~ _1___ ___ _       _1:esurfac1ng....:..!'..__unde~~ $3 o~ ~l~on Budd M1ch1gan :~nd
                                                                                                       --f            ·- -
        ~=-~ ---- -----------__=f=---_ _E_.'._6~4-2~~~~r~--=---··-±~~---->----~---_--_------·------
        _ 9_6059 jS1dewalks_:_f-:'_and1~p_R_a~p_:__ ___ ____                         I -~I-Sha~                           50,0~?+= ___ 50,~~i-                         1     ____ j _ - __ - __ __

                                                                                                             ! . ._
          203 \Local Streets                                                         I                       I                               i,                      I             i.                   :

        =90~751Th_ ~~ps~~~l~m to Edgewal.•r. ~990'}                                                                                                                                I_-=-- --+-----~~=~P~~1~·1_Assess~_;n, F~ed_ ·-=-

                                                                                                  -=-
                                                                                     I
         90074 Edgewater, Thompson to Wilcox
        -91022 ·1c1ifford, M_iner to i.8keSho-;:-;·orive     -1=-
         --_?0071 · 1Mann~ M()Cln and Torrent from Lakesho~e Driv~_~o Harrison
                                                                                     i
                                                                                          AI-Shatel
                                                                                          AI-Shatel
                                                                                          AI-Shatel
                                                                                          AI-Sh~!~I          I
                                                                                                                 ___100,00~ - -
                                                                                                                         80,000
                                                                                                                                     - - - ~_:___ _
                                                                                                                                      5,000 ,
                                                                                                                 , ----8O,ooo - - --80,000 I
                                                                                                                                                    I
                                                                                                                             2~!f_OoO-i- -2~o~fo_f___ --- ·
                                                                                                                                                                                              ---~--
                                                                                                                                                                                                        I
                                                                                                                                                                                                        :--
                                                                                                                                                                                                                           Special Assessment Failed
                                                                                                                                                                                                                        - - - -Reconstnict1on
                                                                                                                                                                                                                              Torrentw111 No~s_:_o~:_
                                                                                                                                                                                                                                                     ---- -

          99020 Seaway-Hackleylndustrial                                                  AI-S~tel                                      -1             450,~~~-                                         !           2002Ca~over-F_u~ded60%~~EDA~ra_n_1_ _ _ _
          96059 Sidewalks - Handicap Ramps                                                AI-Shatel                           _so,ooo :                 50,0~
                                                                                                                             510,000 I                 785,000
                                                                                                                                                      I

       ,~ity of Muskegon                                                                                                                              I
        Quarterly Budget Reforecast - 2003 1st Quarter                                                                                                I
        Budgeted Capital Improvements                                                                                                                 I                                                             -   ------------

       --!             ---                                   _                           ]                                        I                   I_                  -                            ______           _
                                                                                                                                                                                                                            ·-·----·
                                                         ·
                               -···--------·-------·----:---------                                                          I                         i
                                                         1         1----                                . .   ,.
                                                                                                                     ··-----·---·
                                                                                                                   1st Quarteri           2nd Quarter,.       3rd Quarter!
                                                                                                                                                                                                 ·---·-·---------·
                                                                                                      0 9    1
               1                                                         Responsibility   I            " d'"" 1        Budget!                Budget[             Budget:                               Comments
               '                                             -------tI
                                                                                          ·
       ---~L ____________ ---------                                  I                    I --~\_R~fe_,es;,sil___R"o,~asti Retor~c~ti~-==-~-=~~~~=---------:~ -.
                                                                                                      8 ue,1



                                                                                                 2003 PROJECTS
        403 ]Sidewalks ______ __ --· ____                            I          __           [               I_··_:= ___ [_:::=~= !--====--=]-=---==:-:=-:=-~--=~~--_:-_ . __
       -~~i~:::::;::c•;:::owam                              - __ AI-Shatel                   I   __   7:J-~~09~:_1__ :=-~1.==-~=-~:=~~~~~~:~~:=:'~"~~:~~-,~~~~=~-
       -:~ci;~ 1~:::~ ~;~~;::~ :~::::::: ;;~f;~~~~U~f:~S_)__ -rs~~::~:~~~:: 1: :~~:cici~+------ ~~ci:ci66t· -- ·------+-----·-----··--1- -· -------- ------·------------ -- ---· -- -
                                                                     1
                                                                                                                    1

         90040-Lai~o~~ra-;i-Pt-;::ise I(Hentage to Grand Trunk)      I        Scott·!        30,060 !     3o,Oci0f'- .-----·                       --1-- --·-·7-- ·----
                                                                                                                                                            ------~~~tinwed p·~-;erty Acquisition
        -91008 Core Communities lrnt1at1ve (Teledyne-Boardwalk}    -r&ubaker-Clar~J-      1,000,000 i  1,000,000 i                 ,              I              Fln:i.nced With Core Com;~nilies G;nt --                               ·
                   -- · - - - - - · - - - - - - - · -               -+---' -      ---1 - - - - , 7 - - - - - · - 1 · - - - - - - - 1 -----···--t-- - - - - · - · - - - ·-·-··-· -···-
         96096 Site Assessment Projects                               !Brubaker-Clarke.     177,434      177,434 1                 I              I
                       ·                      .
         98050 \Lakeshore Trail Phase I! (Laketon)                    \
                                                                       --·· - - - · ~--·.-. -·- '-+---- --iT··--·-·---
                                                                            Scott     1,    250,000            I
                                                                                                         250,000           ---+---                 -·-1 ·------
                                                                                                                                                  I,
                                                                                                                                                                                                    . -------. ·-·-·----
        _9908_~~~k8Sti0ffiTfailPii_~~-~~(Sh~~line Qrive)_                   Scott           280~~-- -· 2~?,ooo·r---                ,        - - - - · · - - - - - - - ----- --·-- --· --- ··-·                                              -
                                                                                             1
       ____ _]_______                    _________                                           ,    2,848,~3.....,---""'-37.43_4_J __.                      I                    j                    - - - · - - - ____       -·- _
         590 iSewer                                                                                                                   I                                        i
l'0
0::,
        1?oci~ ~FOresl& Ma~.l:~~--~!i?..:1_ ----~-~-~-_-_-_-_-_-~--------1-- A~~i-~ --~-2_?.E_O~ i
         ~907? Thompson, Pl~.':1 to -~-~~~a_ter (990')                       Al-Shale~--   75,000 I
                                                                                                               i

                                                                                                                        12?,ooo"-,- - - ·
                                                                                                                          5,000       !
                                                                                                                                                ---+-
                                                                                                                                                          \---- __
                                                                                                                                                                               ! ___ ---· _____ Rep1~:.:!~?~: Pan_ei:3!~~Rall~
                                                                                                                                                                              --+-- _
                                                                                                                                                                              -·---~~~-1~":'_ss_~~-~!~_:?~:._d_
                                                                                                                                                                                                                                 --=~=---=
         92074 I E~gewater, Thompson to Wilcox                           ---~I-Shale!   I    20_.~_oo '.    1,000 I                                       .          !                       Spec~1-~~e~~e-~1~~~1_e.~
                                                                             AJ-Shatel -+--   5,000 i _______          ---i-------
                                                                                                                                                                                                                                  = -_
         910311HackleyAvenue. Huson to Seaway                                                                                                             1·-        I           - - - · - · Special Assessment Failed _______ .
         91027 !Terrace St., Iona to Peck    -~                              A!-Shatel  I   150,000 !     130,000                  7                                 i                Street Project-Associated Utility Wolk
       __91 o~~hin!i!t~~-Hud~~?.. ~~:~?.re Dr:v~_                            A!-S~atel       I
                                                                                             40,•          ool---, 4o;oo~+----- --                                   1 ·--- ---- ·- ·~;;:!Pr~i~.9_:_As~o~~iedu:ti~-~~-=               -~~
         99020 !Seaway-Hackley Industrial                                    A!-Shatel                       -1
                                                                                                          100,000 f - - - - - -                                   ---+--          2002 Carryover - Funded 60% by EDA Grant
         96_~i±J~.?.~elin~_E~ive E_~~-                                       Ar-shat~r--:frjO,ooo         100,000··1                                      I  ·-··- -- -· _·-=---=~tr_eelP~j~~-i:~~~~1e~ti1iivio_r11___ -
                lSewer Rehab Projec!    ______                           I   AI-Shatel                150,000 .f        150:00?=-1-------\-------j _______ - - - - - - - - - - - - · · · - ---·- ··-----·
                I                                                                                     665,000 I         751,000 ,                   I
                                                                                                                                                   __                 _       0
                                                                                                                                      I


                                                                                                       ____ ,__ ---==t:_--::-~- --+----
                                                                                                                                                                                                                · - - • - - - - ·---------
      City of Muskegon -----------····--
      Q_uart_erly_B_IJdg_fJ_! Refore£1!S! -2()031stQuarterL       '
                                                                                --!------'---- -=-:-'-
                                                                                                   L ____ __( _____              -+-                                                    1
                                                                                                                                                                                                            _ _




      Buc:fg<;led_(;_~_piti,f_lme,:ov_e_ments       ___ - - : - -                       -+- ___ -1----- -~- _ - --            __--,-,___ _
              : ----- ------------ ----- ---------+--------·--+---                                                                    '                    ---~-·-------~-
                                                                      ___ -... -----r-- - .------ --;----
                                                                                       I                         ,
                                                                                                                           0..
                                                                                                                            rig1na
                                                                                                                                     I           ---1st QU3rier,
                                                                                                                                                                  ,
                                                                                                                                                                          2nd Quaitert
                                                                                                                                                                                        ,
                                                                                                                                                                                                        3rd Quarter:
                    '1                                                                 1       Responsibility :             Bud et                       Budget;                Budget:                     Budget _                                              Comments
        --L--                                                                ----i
                                                                                                                                _ g ____ Reforeca~t_
                                                                                                                                                                  [
                                                                                                                                                                          _ Re forecast'         _          Reforecast ____ _

            _i                                                                                  - - - - - ___ i              ___ ___] __ ---- _J__ -------
                                                                                                                       2003 PROJECTS
       ~_J~~P1UmtoEdg€l~ater(990')_________ .. ----!-~1-:ha:--~--
       - - - - - - _____ ,. _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - -      ..!...----·
                                                                                                                            50,000
                                                                                                       ------t------- --~-------
                                                                                                                                         !        ---     1,50•   !- - -
                                                                                                                                                               ---t------------1---··
                                                                                                                                                                                         i       -      -
                                                                                                                                                                                                               ----->--
                                                                                                                                                                                                                            :
                                                                                                                                                                                                                                                           Special Assessment Failed




                                                                -= -=::~~~:::: '~ -~=~
       90074 .Edgewater, Thompson to Wilcox                                            I          AI-Shatel      I          15,000 I                          - I              :                                                !                          Special
                                                                                                                                                                                                                                                              -           ___ ,, _Failed
                                                                                                                                                                                                                                                                   Assessment
      -91031 iHackleyAvenue,Hudsoll-to.Seaway-.                                        i          Al-Shatel      r           s,oooT                       2,0001               .--                                      -       I                   __ _ S~:_~ial_ ~~sessm~nt ~~e~ __ . _ _
      ·gzoos··~ims St. Tank-PainlinQ ·- ----· -----                                            ---Ai-Shatel- i - - 200,ooor- -2cm,o(i0-1 ---- -                                     -- -~-- ------:
      .;:D~:;~!t;~_.:~~~:;~hoce ~=•~
                                                                                                                                                                                                                                                 Wrll Do Marshall Tank Instead of Nims Tank




       91025 iWashington, Hudson to Lakeshore Drive     _____ I      A!-Shatel
                                                                                                                           15    •
                                                                                                                           140,000 ,
                                                                                                                                     ;I~~:__            1~~~~~'.
                                                                                                                                                       140,000 :
                                                                                                                                                                          ~   ~-   ~-=:=:=- -~= _
                                                                                                                                                                                         .
                                                                                                                                                                                                -_J_ _ A::;:~:~,::;;:;~~:~:,::::•
                                      •
       96017.!Sh~~e-line- rive Eist·-- - -----···-· ---- _____ ;----A!:.S-h"atel - ~ -                                 ---1-oO~OOO-i-·              -100,000·~:-              ---     ·-:                      ---              I: · ---- --· Street
                                                                                                                                                                                                                                                 -- Project-Associated
                                                                                                                                                                                                                                                        ... - -- Utihty Wor1<.    --
                                                                                                                                                                                                                                              Street Pro1ect - Associated Utthty Wor1<.
       92006IWater Main Replacements------------··                                 -   I            Kuhn--:----- 200,0oo              7---              260,006    !----- ----- ·t-                  ----- -· 1                                                    -      ------        ------··

      -92oO7-'.Bre8k~~ -_ Bea'"ch_Siffiei- ---··· - - _··---- -- -              -ar-------K~hn--- -_----- 60,060                          : ----         6'o,000 '-------      --·---~------===-----=--+~ ·- _. _ -----· ------ --- ·---
      _99020 jSeaway-Hackley lndu_strial     _____ - - - - - - ~ ___ Al-Shatel__J_ -------·- · ___ 130,000_: _ _ _ _ _ j_ ___ _____ +- __ 2002Carryover- Funded 60% byEDAi_~d<:Glld.
                                                                                                                                                                          STN([O

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                                                                                                                                                                                                                                                                                                              I 0HLN I     05621351
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                                                                                                                                                                          10161942                                                                                                            CAO FiE,
                                                                                         Mtss· ·ciG NUMBER:                                            DATE:                                                      !SHEET     Cf'                                                                            05621351.001
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