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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CAU TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. SECOND READING: Amendment to the Zoning Ordinance - Remove
Reference to Section 2308. PLANNING & ECONOMIC DEVELOPMENT
C. Amendment to the Zoning Ordinance - WM, Waterfront Marine Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
D. Restructure Fisherman's Landing Loan Terms. FINANCE
E. WEMET Leased Vehicles. PUBLIC SAFETY
F. Purchase of Computer Equipment. PUBLIC SAFETY
G. Admiral Petroleum Request for an Encroachment Agreement.
ENGINEERING
· H. Consideration of Bids for City Hall Emergency Generator (B-235).
ENGINEERING
I. Construction Engineering Services Agreement for Sherman/Henry
Intersection Improvements. ENGINEERING
J. City - MDOT Agreement for Federal Money Loan to Reconstruct Clay
Avenue. Third Street to Terrace Street. ENGINEERING
K. City - MDOT Agreement for the Reconstruction of Clay Avenue. Third
Street to Terrace Street. ENGINEERING
L. Res.olution to Collect Taxes Levied in the Summer. TREASURER
□ PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Creston Street, Laketon
Avenue to Evanston Avenue. ENGINEERING
B. Create Special Assessment District for Pine Street, Apple Avenue to
Western Avenue. ENGINEERING
C. Create Special Assessment District for Vincent Drive/Park Drive, Barclay
Street to North End. ENGINEERING
D. Revocation of IFT - Office Machines. PLANNING & ECONOMIC
DEVELOPMENT
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
· □ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1519 Terrace (Shed/Shanties) - Area 13
499 W. Muskegon -Area 10
1553 Pine - Area 13
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form lo !he City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.}
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
nd
SUMMARY OF REQUEST: To approve minutes for the January 2
Organizational Meeting, January J1h Commission Worksession, and the
January 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 22,
2008.
Mayor Warmington opened the meeting with a prayer from Reverend Dennis
Remenschneider from St. Paul's Episcopal Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2008-10 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the January 2nd Organizational
Meeting, January 7th Commission Worksession, and the January 8 th ls'.egular
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Amendment to the Zoning Ordinance - Remove
Reference to Section 2308. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1301 #14, of article XIII [B-4,
General Business Districts), Section 1400, # 13, of Article XIV, (1-1, Light Industrial
Districts), and Section 1500, #9, (1-2, General Industrial Districts), of Article XV, to
remove the reference to Section 2308, ( l) (f).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to Section 2308, ( 1) (f).
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 13, 2007 meeting. The vote was
unanimous with J. Aslakson and B. Smith absent.
D. Restructure Fisherman's Landing Loan Terms. FINANCE
SUMMARY OF REQUEST: In 2004-05 the City agreed to loan to Fisherman's
Landing, Inc. $150,000 as matching funds for a state grant. The funds were used
to construct a new restroom/shower/laundry facility at the site. Terms of the
loan called for repayment in 15 equal principal payments at an annual interest
rate of 7%. Subsequent to this loan, the City issued bonds for the new fire station
and recreation projects (including reimbursement of funds loaned to
Fisherman's Landing). The City's net interest cost for the bonds is 4.15%. Staff
proposes reducing the interest rate on the remaining balance of the loan to the
City's actual borrowing cost.
FINANCIAL IMPACT: The City will receive $21,854 less interest from Fisherman's
Landing over the remaining life of the loan. However, these funds will go
towards maintenance and improvements at the City-owned facility. The
Fisherman's Landing group has taken on significant new responsibilities
(including paying peak-season electric bills and mowing) under the new
operating agreement. These activities save the City considerable money and
staff time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the restructuring of the loan to
Fisherman's Landing reducing the interest rate from 7% to 4.15%
E. WEMET Leased Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
utilize Criminal Forfeiture Funds to cover the costs of the leased WEMET vehicles
for the period that coincides with the State of Michigan fiscal period (October,
2007 through September, 2008). The Ottawa County Fiscal Services Department
serves as the fiscal agent and provides budget-related service to WEMET. The
obligation for the vehicles for this period is $24,760.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
F. Purchase of Computer Equipment. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of Criminal Forfeiture Funds to purchase new computer
hardware. These computers will be utilized in the Detective Bureau. The current
computers are approximately four years old and we are beginning to
experience a number of malfunctions. We would like to replace 12 computers,
10 software licenses and a network storage device to increase our storage
capability.
This bid was developed with the assistance of the Information Technologies
Department.
FINANCIAL IMPACT: Cost for this package is $17,870.78.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
G. Admiral Petroleum Request for an Encroachment Agreement.
ENGINEERING
SUMMARY OF REQUEST: Hopp Environmental, on behalf of Admiral Petroleum, is
requesting your permission to install two horizontal monitoring wells and one
vertical well in the easterly right-of-way of Mclllwraith Street approximately 100' -
160' south of Laketon Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
H. Consideration of Bids for City Hall Emergency Generator (B-235).
ENGINEERING
SUMMARY OF REQUEST: Award a contract for the placement of an emergency
generator at City Hall to Ottawa Electric out of Grand Haven since they were
the lowest responsible bidder with a bid price of $135,922.
FINANCIAL IMPACT: $135,922.
BUDGET ACTION REQUIRED: None at this time since $150,000 was budgeted for
this item in the 2007 budget.
STAFF RECOMMENDATION: Award the contract to Ottawa Electric.
I. Construction Engineering Services Agreement for Sherman/Henry
Intersection Improvements. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink Inc. out of Muskegon to perform the
construction engineering services (inspection) on this federally funded project.
Fleis & Vandenbrink's services are necessary due to lack of experienced staff's
availability at the time of anticipated start of construction (April thru June).
FINANCIAL IMPACT: The charges will be based on Time & Material with a not to
exceed fee of $30,900.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Fleis
& Vandenbrink.
J. City - MOOT Agreement for Federal Money Loan to Reconstruct Clay
Avenue, Third Street to Terrace Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of Clay Avenue from Third Street to Terrace Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the contract
for the federal funds loan from the state.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street and water funds as shown in the 2008 budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Consent Agenda as read minus items C, K, and L.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2008-11 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Amendment to the Zoning Ordinance - WM, Waterfront Marine Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow an additional
special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow an additional special land use in the WM, Waterfront Marine
zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January l 0th meeting. The vote was unanimous
with T. Michalski and 8. Smith absent.
Motion by Commissioner Carter, second by Commissioner Wierengo to table the
amendment to the Zoning Ordinance for WM, Waterfront Marine Districts, Special
Land Uses Permitted to the February 12 th City Commission Meeting.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
K. City - MOOT Agreement for the Reconstruction of Clay Avenue, Third
Street to Terrace Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of Clay Avenue between Third Street and Terrace Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT's participation is limited to the federal funds of
$344,200. The estimated total construction cost is $381,700.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the City - MOOT Agreement for the reconstruction of Clay Avenue, Third Street to
Terrace Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
L. Resolution to Collect Taxes Levied in the Summer. TREASURER
SUMMARY OF REQUEST: To approve the resolution rescinding the previous
resolution that declined to collect the State Education Tax in a summer levy.
City staff was contacted by the Michigan Department of Treasury, Local
Government Section, who indicated that the resolution needs to be approved
in the month of January.
FINANCIAL IMPACT: To meet the 2008 fiscal year approved budget projection.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution to collect taxes levied in the summer.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski,
and Carter
Nays: None
MOTION PASSES
2008-12 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Creston Street. Laketon
Avenue to Evanston Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Creston Street from Laketon Avenue to Evanston Avenue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $30,254.66 would be spread against the ten
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the spreading of the Special Assessment Roll for
Creston Street, Laketon Avenue to Evanston Avenue.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
B. Create Special Assessment District for Pine Street, Apple Avenue to
Western Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Pine Street, Apple Avenue to Western Avenue project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard in opposition to the project from Chris Thorsen,
860 Pine Street (owner of Baker Auto Trim); Ken Appelt, 813 and 821 Pine Street;
David Bolen, owner of building on the corner of Pine & Western - 750 Pine Street;
and from Dennis Lohman, Northwestern Mill, 820 Pine Street.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and create the Special Assessment District for Pine Street, Apple
Avenue to Western Avenue and appoint two City Commissioners to the Board of
Assessors.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Shepherd and Vice Mayor
Gawron to the Board of Assessors.
C. Create Special Assessment District for Vincent Drive/Park Drive, Barclay
Street to North End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Vincent Drive/Park Drive, Barclay Street to North End project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
The proposed special assessment district is a benefit based special assessment
since, according to the City's Assessor, the benefit received is equal among all
35 properties abutting the street and 2300 Park Drive.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard in opposition of the project from Sammie
Coleman, 2368 Vincent and 2350 Park; Tom Johnson, 2361 Park; Mary and
Robert Vanderwest, 2355 Vincent; David Bialik, 2330 Vincent; Dennis Kurn, 2267
Vincent; Thomas and Susan Kent, 2264 Vincent and 2261 Barclay.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to take no
action on this project and not create the Special Assessment District for Vincent
and Park Drive, Barclay Street to North End.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Revocation of IFT - Office Machines. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, the
City of Muskegon requests that the Industrial Facilities Tax Exemption (IFT) for the
parcel at 2185 Roberts Street be revoked. The former company at this location,
Printing Source, sold the building and the IFT was never transferred to the new
owner. The new company, Office Machines, is not eligible for an IFT because
they are not involved in manufacturing.
FINANCIAL IMPACT: The City will now charge full taxes on the parcel at 2185
Roberts Street.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
Public Hearing and revoke the Industrial Facilities Tax Exemption for Office
Machines.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Warmington, and
Wierengo
Nays: None
Absent: Spataro (stepped out of the room)
MOTION PASSES
2008-13 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1519 Terrace (Shed/Shanties) - Area 13
499 W. Muskegon - Area 10
1553 Pine - Area 13
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 1519 Terrace
(Shed/Shanties), 499 W. Muskegon, and 1553 Pine.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: January 8, 2008
Date: December27,2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance - Remove Reference to
Section 2308
SUMMARY OF REQUEST:
Request to amend Section 1301 #14, of Article XIII (B-4, General Business Districts), Section
1400, #13, of Article XIV, (I-1, Light Industrial Districts), and Section 1500, #9, (1-2, General
Industrial Distticts), of Article XV, to remove the reference to Section 2308, (I)(!).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMi'VIENDATION:
Staff recommends amendment of the Zoning Ordinance to remove the reference to Section
2308, (I) (f).
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/13/07 meeting. The
vote was unanimous with J. Aslakson and B. Smith absent.
1212712007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 13, 2007
Hearing; Case 2007-50: Staff initiated request to amend Section 130 I, # 14, of Article XIII, B-4,
General Business Districts, Section 1400, # 13 of Article XIV, I-1, Light Industrial Districts, and
Section 1500, #9, of Article XV, I-2, General Industrial Districts to remove the reference to Section
2308 (I) (f).
BACKGROUND
Staff recently discovered that these sections of the ordinance have references to what was
formerly the sign ordinance section of the ordinance. The section being referred to, Section 2308
(I) (f), was a reference to real estate and "For Sale" signs that was replaced with Section 2334,
Signs, #5, Exempt Signs, when the entire sign ordinance was updated and amended in AugtL~t
1998 . The change to the ordinance at that time actually made the sign ordinance less restrictive.
Section 2308 currently is the "Outdoor Seating" section of the ordinance that was adopted by
City Commission in March 2007, therefore the reference to that section needs to be removed
from Sections 1301, 1400 and 1500.
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
Section 1301, #14
.J+.- Non accessory signs provided that the signs conform to section 2308 ( I) (I) of this Code.
Section 1400, # 13
13. Non aeeessory signs prnvided that the signs confunn to section 2308 (1) (I) of this Code.
Section 1500, #9
9. Non accessory signs previded that the signs conform to seetion 2308 (I) of this Code.
DELIBERATION
I move that the amendments to Section 130 I,# 14 of Article Xlll, B-4, General Business Districts,
Section 1400, #13 pf Article XIV, I-1, Light Industrial Districts, and Section 1500, #9, of Article XV,
1-2, General Industrial Districts, of the City of Muskegon Zoning Ordinance to remove the reference
to Section 2308 (I) (f), be recommended to the Ci Ly Commission for (approval/denial).
2
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice U1at on January 22, 2008, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 1301, #14 of Article XIII, B-4, General Business
Districts, Section 1400, # 13 of Article XIV, I-1, Light Industrial Districts, and Section I500,
#9, of Article XV, 1-2, General Industrial Districts, is amended to remove the reference to
Section 2308 (I) (f).
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance an1endment is effective ten days from the date of this publication.
Published January 26, 2008. CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _~
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. IO 1-80400-5354
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2241
An ordinance to amend Section 1301, #14 of Article XII( (B-4, General Business
Districts), Section 1400, #13, of Article XIV {I-1, Light Industrial Districts), and Section
1500, #9 Q-2, General Industrial Districts) removing the reference to Section 2308 (I) (Q.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 130 I, #14 of Aiticle XIII, B-4, General Business Districts, Section 1400, #13 of
Article XIV, I-1, Light Industrial Districts, and Section 1500, #9, of Article XV, I-2, General
Industrial Districts, is amended to remove the reference to Section 2308 (I) (f), as follows:
Amendments to Sections 1301 #14, 1400, #13, and 1500, #9 to remove the reference to
Section 2308, (I) (f).
Section 1301, #14
14. l'lon accessory sigMprovided that the signs coofonn to section2308 (!) (f) of!his
God&
Section 1400, #13
13. Non accessory signs provided tJiatthe signs confunn to sectien 2308 (l) (f) of Ill.is
God&
Section 1500, #9
----±'1'11Be~n-a1aocoss0ry signs providedtli.&the signs cenfurm to section 2308 (!) oflllis Cede,
':19c-.
This ordinance adopted:
Ayes: Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
Nayes: None
Adoption Date: January 22, 2008
Effective Date: February 5, 2008
First Reading: January 8, 2008
Second Reading: January 22, 2008
CITY OF MUSKEGON
~
By: ~ i i " ,
1
jl:::Q,
.1~ ,:. G-,,c .r £( ½
Ann Marie Becker, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22 nd day of January, 2008, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: January 22, 2008.
~ f\'r- . (? . rL
~''v",\ "'1,\.,\/-.,\ \>'--v l/::-,
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days offmal adoption.
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Restructure Fisherman's Landing Loan Terms
SUMMARY OF REQUEST: In 2004-05 the City agreed to loan to Fisherman's
Landing, Inc. $150,000 as matching funds for a state grant. The funds were used to
construct a new restroom/shower/laundry facility at the site. Terms of the loan called
for repayment in 15 equal principal payments at an annual interest rate of 7%.
Subsequent to this loan, the City issued bonds for the new fire station and recreation
projects (including reimbursement of funds loaned to Fisherman's Landing). The
City's net interest cost for the bonds is 4.15%. Staff proposes reducing the interest
rate on the remaining balance of the loan to the City's actual borrowing cost
FINANCIAL IMPACT: The City will receive $21,854 less interest from
Fisherman's Landing over the remaining life of the loan. However, these funds will
go towards maintenance and improvements at the City-owned facility. The
Fisherman's Landing group has taken on significant new responsibilities (including
paying peak-season electric bills and mowing) under the new operating agreement.
These activities save the City considerable money and staff time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the restructuring of the loan to
Fisherman's Landing reducing the interest rate from 7% to 4.15%.
COMMITTEE RECOMMENDATION: None.
9118197 1
FISHERMAN'S LANDING
REPAYMENT AGREEMENT WITH CITY OF MUSKEGON
SCHEDULED EXTRA
PRINCIPAL PRINCIPAL TOTAL PRINCIPAL
BALANCE PAYMENT INTEREST PAYMENT PAYMENT
Current:
Jan-06 $ 150,000.00 $ 10,000.00 $ $ 10,000.00 $
Jan-07 140,000.00 10,000.00 9,800.00 19,800.00 200.00
Jan-08 129,800.00 10,000.00 9,086.00 19,086.00 914.00
Jan-09 118,900.00 10,000.00 8,323.00 18,323.00
Jan-10 108,900.00 10,000.00 7,623.00 17,623.00
Jan-11 98,900.00 10,000.00 6,923.00 16,923.00
Jan-12 88,900.00 10,000.00 6,223.00 16,223.00
Jan-13 78,900.00 10,000.00 5,523.00 15,523.00
Jan-14 68,900.00 10,000.00 4,823.00 14,823.00
Jan-15 58,900.00 10,000.00 4,123.00 14,123.00
Jan-16 48,900.00 10,000.00 3,423.00 13,423.00
Jan-17 38,900.00 10,000.00 2,723.00 12,723.00
Jan-18 28,900.00 10,000.00 2,023.00 12,023.00
Jan-19 18,900.00 10,000.00 1,323.00 11,323.00
Jan-20 8,900.00 10,000.00 623.00 10,623.00
150,000.00 72,562.00 222,562.00
Interest 2009 - 2020 53,676.00 173,676.00
Proposed:
Jan-09 118,900.00 10,000.00 4,934.35 14,934.35
Jan-10 108,900.00 10,000.00 4,519.35 14,519.35
Jan-11 98,900.00 10,000.00 4,104.35 14,104.35
Jan-12 88,900.00 10,000.00 3,689.35 13,689.35
Jan-13 78,900.00 10,000.00 3,274.35 13,274.35
Jan-14 68,900.00 10,000.00 2,859.35 12,859.35
Jan-15 58,900.00 10,000.00 2,444.35 12,444.35
Jan-16 48,900.00 10,000.00 2,029.35 12,029.35
Jan-17 38,900.00 10,000.00 1,614.35 11,614.35
Jan-18 28,900.00 10,000.00 1,199.35 11,199.35
Jan-19 18,900.00 10,000.00 784.35 10,784.35
Jan-20 8,900.00 8,900.00 369.35 9,269.35
118,900.00 31,822.20 150,722.20
Interest Savings Remaining Loan $ 21,853.80
City Commission Meeting
Tuesday January 22, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: January 15, 2008
SUBJECT: WEMET Leased Vehicles
Summary of Request:
The Director of Public Safety is requesting approval to utilize Criminal forfeiture Funds
to cover the costs of the leased WEMET vehicles for the period that coincides with the
State of Michigan fiscal period (October, 2007 through September 2008). The Ottawa
County Fiscal Services Department serves as the fiscal agent and provides budget-related
service to WEMET. The obligation for the vehicles for this period is $24,760.00
Financial Impact:
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
County of Ottawa JAN O 2 t008
1'1scal Services Department :!//Ui;:,/:biii'J 1-'UUCi:: DEPT
GHIEFot '
12220 Fillmore Street • Room 331 • West Olive, Michlgan 49460 (616) 738-4847
Fax (6 I 6) 738-4098
June A. Hagan Grand Rapids (616) 662-3100
Fi.seal Seru.ices Director Grand Haven (616) 846.8295
[email protected] us
December 27, 2007
Tony Kleibecker, Chief of Police
City of Muskegon
980 Jefferson
Muskegon, Ml 49442
Regarding : WEMET Leased Vehicle
Below is a breakdown of the average cost for your municipaliliy's leased WEMET vehicle. Each municipality is
required to cover the cost stated below for the 2008 budget year. The average cost for the year is $6,190 per
vehicle. Please foiward a check payable to the Ottawa County Treasurer for your municipality's total obligation.
Leased Obligation
City of Muskegon 4 $24,760.00
Please mail your payment to the above address. If you have any questions, please feel free to contact me,
Sincerely,
June Hagan, Fiscal Services Director
CITY COMMISSION MEETING
Tuesday, January 22, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DA TE: January 15, 2008
SUBJECT: Purchase of Computer Equipment
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve the use of Criminal
Forfeiture Funds to purchase new computer hardware. These computers will be utilized
in the Detective Bureau. The current computers are approximately 4 years old and we are
beginning to experience a number of malfunctions. We would like to replace 12
computers, IO software licenses and a network storage device to increase our storage
capability.
This bid was developed with the assistance of the Information Technologies Department.
Specifications for the computers are attached.
FINANCIAL IMPACT:
Cost for this package is $17,870.78.
BUDGET ACTION REQUJREJ;;t
None.
STAFF RECOMMENDA TlON:
Approval of this request.
Page 1 of2
DELL QUOTATION
QUOTE#: 403132666
Customer #: 3923456
Contract#: N39913562
CustomerAgreement #: A63307
Quote Date: 12/12/07
Date: 12/12/07 10:12:31 AM Customer Name: CITY OF MUSKEGON
TOTAL QUOTE AMOUNT: $3,212.24
Product Subtotal: $3,212.24
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 IQUANTITY: 1 SYSTEM PRICE: $3,212.241 GROUP TOTAL: $3,212.24
PoweNault MD1000, Rack, 3U, 15 Bay External SAS/SATA Storage Array with Locking Bezel
Base Unit:
(222-2299)
Hard Drive: 300GB 10K RPM Serial-Attach SCSI 3Gbps 3.5-in HotPlug HardDrive (341-2621)
Hard Drive Controller: Two Enclosure Management Modules-, PowerVault M01000 SAS/SATA (420-6220)
Cable: SAS Cable, 4Meter, MDxOOO (310-7064)
Additional Storage Products: 300GB 10K RPM Serial-Attach SCSI 3Gbps 3.6-ln HolPlug HardDrive (341-2621)
Controller Option: Customer already has a PERC5/EController Card (Required to operate M01000) (341-3154)
Feature Rapid Rails for Dell, or otherSquare Hole Racks, MOxxOO {310-7080)
Service: Dell Hardware Warranty Plus Onsite Service Initial Year (985-7617)
Type 3 Contract - Extended Business Day Parts and Labor Onsite Response1 Initial Year (981-
Service:
6570)
Service: Dell Hardware Warranty Plus Onsite Service Extended Year (985-7589)
Type 3 Contract - Extended Business Day Parts and Labor Onsite Response, 2Year Extended
Service:
(981-1032)
DECLINcD CRITICAL BUSINESS CRITICAL SERVER OR STORAGE SUPPORT PACKAGE-CALL
Service:
YOUR DELLSALES REP IF UPGRADE NEED (960-1306)
Installation: On.Site lnstallatlon Declined (900-9997)
300GB 10K RPM Serial-Attach SCSI 3Gbps 3,5,in HotPlug HardDrive {341-2821)
Single Blank Hard Drive Filler (341-3151)
Single Blank Hard Drive Filler {341-3161)
300GB 10K RPM Serial-Attach SCSI 3Gbps 3.-5-in HotPlug HardDrive (341-2821)
Single Blank Hard Drive Futer{341-3161)
Single Blank Hard Drive Filler (341-3151)
Single Blank Hard Drive FIiier {341-3151}
Single Blank Hard Drive Filler (341-3151)
Single Blank Hard Drive FIiier (341-3151)
Single Blank Hard Drive Filler (341-3151}
Single Blank Hard Drive Filler (341-3151)
Singlo Blank Hard Drive Filler (341--.3151)
Single Blank Hard Drive FIiier (341-3151)
Page 2 of2
SALES REP: Kathryn Daugherty PHONE: 800-274-7799
Email Address: kathryn [email protected] Phone Ext: 58418
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. Orders may be
faxed to the attention of your sales representative to 1-866-844-0532. You may also
place your order on line at www.dell.com/quote
Unless you have a separate agreement with Dell, the terms and conditions found at
http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and
Services referenced in this quotation.
Prices and tax rates are valid in the U.S. only and are subject to change.
""Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please indicate your taxabilitv status on vour PO. If exempt, please fax exemption certificate to
Dell Tax Department at 888-863-8778, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019 or email [email protected]. ••
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Deli Financial Services' Asset Recovery Services group for EPA compliant disposal
options at [email protected]. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or
refer to URL www.dell.com/environmentalfee
. ..,..,,, \ ,....,,.,.. Tr-r-.
Page 1 of2
DELL QOO~OON
QUOTE#: 403130222
Customer#: 3923456
Contract#: N39913562
CustomerAgreement #: A63307
Quote Date: 12/12/07
Date: 12/12/07 10:07:01 AM Customer Name: CITY OF MUSKEGON
TOTAL QUOTE AMOUNT: $11,389.44
Product Subtotal: $11,389.44
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 IQUANTITY: 12 SYSTEM PRICE: $949.12 I GROUP TOTAL: $11,389.44
Base Unit: OptiPlex 740 Desktop, Athlon X2 4800+ (2.5GHZ,612KBX2) (222-8086)
Processor: NTFS FIie System,Factory Install (420-3699)
Memory: 1GB,Non,ECC,667MHz DDR2 2X512MB,Dell OptiPlex 7401766/330 (311-6443)
Keyboard: Dell USB Keyboard,No Hot Keys English,Black,Optiplex (310--8010}
Dell UltraSharp 1706FP Flat Panel with Height Adjustable Stand,17.0 Inch VIS,OptlPlex
Monitor:
Precision and Latitude (320~5291)
256MB ATI RAD EON HD 2400 XT Graphics dual OVI or VGA (TV~out},Low Proflle,Dell Op1iPlex
Video Card:
(320-5744)
Hard Drive: 80GB SATA,10K RPM 3.0Gb/s SATA216MB Data Burat Cache Dell OptiPlex (341-4164)
Floppy Disk Drive: 3.6 inch,1.44MB,Floppy Drive Dell Optiplex 740,755 and 330 (341-4005)
Windows XP Professional Service Pack 2,with Media,DellOptiPlex,English,Factory Install (420-
Operating System:
6287)
Operating System: Thank you for choosing Dell (310-8617)
Mouse: Dell USB 2-Button Optical Mouse with Scroll,Black, OptlPlex (310-8009)
TBU: RoHS Compliant Lead Fl'8e Chassis and Motherboard,Oell OptiPlex (464-1131)
16X DVD+/-RW SATA,Roxlo Creator Dell Edition,Oell OptiPlex 740 Desktop or Minitower (313-
CO-ROM or DVD-ROM Drive:
4551)
Speakers: Dell A225 two piece stereo Speakers (Black),Dell OptiplexPreclslon anci Latitude (313-4298)
Documentation Diskette: No Resource CD tor Dell Optiplex,Precision and Latitude Systems (313-3673)
Bundled Software: WlNDOWS XP STICKER, OPTI/PWS/LATnNSP/DIM (466,2909)
Factory Installed Software: Energy Smart Settings1 Dell OptlPlex (310-8344)
Service: Dell Hardware Warranty Plus Onsite Service, Initial Year (986-2677)
Service: Type 3 Contract -Next BusinossDay Parts and Labor On.Site Response, Initial Year (980-5530)
Service: Dell Hardware Warranty Plus Onsite Satvlce, Extended Year (985-2678}
Type 3 Contract -Next BuslnessDay Parts and Labor On-Site Response, 2YR Extended (970·
Service:
9362)
Installation: Standard On-Site Installation Declined {900-9987}
SALES REP: Kathryn Daugherty PHONE: 800-274-7799
, ..-,,, \ r-.T TTT'> 1,..., 11,..., /"'\Arv,
Page 2 of2
Email Address: [email protected] Phone Ext: 58418
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. Orders may be
faxed to the attention of your sales representative to 1-866-844-0532. You may also
place your order online at www.dell.com/guote
Unless you have a separate agreement with Dell, the terms and conditions found at
http:1/ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and
Services referenced in this quotation.
Prices and tax rates are valid in the U.S. only and are subject to change.
-sates/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please Indicate your taxability status on your PO. ff exempt, please fax exemption certificate to
Dell Tax Department at 888-883-8778, referencing your customer number.
ff you have any questions regarding tax please calf 800-433-9019 or email [email protected]. ••
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at [email protected]. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or
refer to URL www.dell.com/environmentalfee
_LT"'•l __ \r,,TT)""T"'!. 1 .-.. /1 /"\ l"tA/V'7
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Admiral Petroleum
Request for an Encroachment Agreement
SUMMARY OF REQUEST:
Hopp Environmental, on behalf of Admiral Petroleum, is requesting your
permission to install two- (2) horizontal monitoring wells and one- (1) vertical
well in the easterly right-of-way of Mclllwraith St. approximately 100' - 160'
south of Laketon Ave. as reflected in the attached application.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement subjects to the supplemental
conditions and compliance with the necessary insurance requirements.
COMMITTEE RECOMMENDATION:
None
O:\ENGfNEERING\COMMON\ENCROACHMENT AGREEMENTS\ENCROACH\Admiral Petro-531 E Laketon.doc
City of Muskegon
Groundwater Monitoring Well Installation Application and Permit
(Encroachment Pem,it Agreement)
Other:
of the Permittec for the rovisioos of this A
APPLICANT - Please Print CONTRACTOR - Please Print
Name Name _J
hopp F"..,,.rv. ,-,,..,-t.,,f,:,/
Street
111 .1'1c.;,k_ 'i-ec.,'v{
State Zip State Zip
.,,,_, I '1 "1 ,.., o ,Y(. :;t 7JI.
S'-110 l1i'-/
Permittee proposes to install, repair, or maintain groundwater monitoring wel\(s) ("the encroachment"), in or abutting a street, alley, sidewalk, park,
terrace, or other property controlled or owned by the City of Muskegon, as described below (Permittee shall attach a site map to scale which
shows each monitorine: well location):
Street Name & Address/General Description (legal description may be required): Location (Cross streets between which property is located or nearest intersection):
l'i/'1$) c.,i,/ l'tJ.l ."Y) (. rj v\/,N\, /- ~ "- 100 - /lo; 5,;vt, o-f. Lc.litl-o•1
Project Description/Purpose:
.--n o,.. of., r '-V<. II I'\ S"'f'<,l/c.,·/.1,J-, to c,k {;" (. 1'V ~ ~t-... ,,.... '<.-,J.,,., t- c.,,d c:.ftpf~ c;f-
C.:, ,, tc..-,.,,-, 4...,j- /"')/Cjl"'->~lo.J') 01'/ 'jMC. h19 f;.,, ..., t'~l ,1cl,..,, ,. ,_~ I .s f.:d•·~....,
Proposed Start Date:
Monitorinl?IObservation Well Information
Drilling Company (if different than Contractor): Proposed Well Depth (ft.}: Well name or#:
s~ -cPl-t(" J,.., I/,.-.. y c-.~) · I 7 ' (1 ) ·:JOI ,,,, W" J. I I I>\ 'v'.l ;:i Vi1/•
Purpose of Monitoring Well Installation: .RQ'art21 l/213 Site D Part 20 I Site D Part 111 Site D Phase ll ESN AA! □ BEA
□ Other (specify)
that I am actin as Authorized A ent o_n behalf of named A licant.
: This permit is made and entered into by and between the City of Muskegon, a municipal "Corporation (City), and_ the
Pennittee (indicated abo ). Therefore, the City does hereby grant unto Permittee the privilege of constructing, installing, maintaining, repairing,
and perfonning all necessary functions relating to the monitoring well installation (encroachment), and for that purpose to enter the property, for the
term herein stated. This permit shall be effective on the date shown above, and shall not occur before the delivery to the City of the required
evidence of insurance coverage and bonding information, and only after approval of this peTTTiit by the City Commission, at which time the permit
shall become effective. The attached Permit Requirements & Conditions are incorporated herein by reference and constitute an integral part
of this p e r r n , _ i ~ l · - c - ~ - : - - . - - , - c , - - - - , - - - ~ c - - - - c ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,
This permit is subject to the following special conditions:
Required Bond Amount: $_ _ _ _ _ __
Witnesses:
~d.=Yi"u-~.&="L'~';P iAnv one PH~o-,\ :f Excluded
FEf'.:S<)1tt\l & /".[)V lf'l,IUR'\' :fl,000,000
- c..:ENc~:.AL A•.:r,:1:.t:1;"AlE 'f2,000,000
-
GEHL f!..GGFf'
EL Dl:OE~.SE - ~-ouC•' Ll\1IT 'J:500,000
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDEO BY ENDORSEMENT/ SPECIAL PROVISIONS
Certificate Holder is included as Additional Insured on General Liability,
with respects to written contract with named insured.
-----·· -
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIE!-W POLICIES BE CAtJCC:LLED DE:FORE THE EXPIRATION
MUSKC-1
DATE THEREOF, THE lSSU!NG INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
--
City of MUskegon NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ATTN: Evelyn, Eng.Dept. IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
933 Terrace St.
REPRESENTATIVES.
MUskegon MI 49443
AUTHORIZED REPRESENTATIVE
(A . ./z:-2/
, ,(
I/
ACORD 25 (2001/08) ©ACORD CORPORATION 1988
From: 517-263-6658 To '12317276904' Page 2/2 Date 1/2/2008 446 33 PM
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
A ADMIRAL PETROLEUM COMPANY P.O. BOX 198, COOPERSVILLE, Ml 49404 -
P. ~ r: ~ vJ1 n'\ ;+,_,..; a w .. u :h.J+~ ,, ~ -J_ _ I _____
5-3 I t . (,__,., ti+ 1 "'-
NATIONAL CITY BANK'OF. MICHIGAN/IUINOIS
GRAND RAPIDS, Ml 49503 ·
9~9 1 /7ZO 035382
..
i@. ; ; ADMIRAL PETROLEUM COMPANY
ADMIRAL P.0.BOX198 i
J COOPERSVILLE, MICHIGAN 49404 CHECK NO. DATE/O-r~:i al
AMOUNT OF CHECK
-
TO THE
ORDER
OF
o+
• . .. ■ (II • ■
"l 7880 5 "l l. 211•
ADMIRAL PETROLEUM COMPANY P.O. BOX 198, COOPERSVILLE, Ml 49404
◊ ,,_. __ ,
1 , ,_:, ,, ,:, ;, '
NATIONAL CITY BANK OF MICHIGAN/ILUNOIS 9-91/720
ADMIRAL PETROLEUM COMPANY
GRAND RAPIDS, Ml 49503
041718
ADMIRAL . .13 EAST RANDALL ST.
COOPERSVILLE, _MICHIGAN 49404 CHECK NO. DATE
AMOUNT OF CHECK
TO THE
ORDE;R ,- •
OF····" '
.. I • • I • t : •
• • • ' .. ' '
.•..
'i '1880 S'i • 211•
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
City Hall Emergency Generator (B-235)
SUMMARY OF REQUEST:
Award a contract for the placement of an emergency generator at City hall to Ottawa
electric out of Grand Haven since they were the lowest responsible bidder with a bid price
of $135,922.00, see attached bid tabulation.
FINANCIAL IMPACT:
$135,922.
BUDGET ACTION REQUIRED:
None at this time since $150,000 was budgeted for this item in the 2007 budget.
STAFF RECOMMENDATION:
Award the contract to Ottawa Electric.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
8 -235 CITY HALL EMERGENCY GENERATOR REPLACEMENT
BID TABULATION - 01/15/08
CONTRACTOR OTTAWA ELECTRIC PHASE II ELECTRIC HALL ELECTRIC BELASCO ELECTRIC
ADDRESS ENGINEER'S 1051 JACKSON ST 4733 AIRLINE RD 1965 SANFORD ST 1391 PECK ST
CITY/ST/ZIP ESTIMATE GRAND HAVEN, Ml 49417 MUSKEGON, Ml 49444 MUSKEGON, Ml 49441 MUSKEGON, Ml 49442
ITEM OF WORK UNIT QT, TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE
all matters referred to in the Instructions to
Bidders, Bid Documents and Contract
Documents prepared by Sidock Group. Inc.,
(Architect/Engineer) for the above mentioned
project, we the undersigned, hereby offer to
enter into a Contract to perform the Work for
t he Contract Sum of:
$..........•........................................dollars, in
lawful money of the United States of
America.
EACH 1 $149,527.00 $ 135,922.00 $ 144,000.00 $ 145,922.00 $ 157,709.00
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Construction Engineering Services Agreement For:
Sherman/Henry Intersection Improvements
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Fleis &
Vandenbrink Inc. out of Muskegon to perform the construction engineering services
(inspection) on this federally funded project. F & V's services are necessary due to lack
of experienced staff's availability at the time of anticipated start of construction (April
thru June).
FINANCIAL IMPACT:
The charges will be based on Time & Material with a not to exceed fee of $30,900.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Fleis & Vandenbrink
COMMITTEE RECOMMENDATION:
:
{ / ''
~
FLEIS & VANDENBRINK
ENGINEERING INC.
Offices ti, Cr.111d Rapids, Traverse City, a1Jd M11skego1J
RECEIVED
CllY OF MUSKEGON
December 28, 2007
DEC 2 8 2007
ENGINEERING DEPARTMENT
Mr. Mohammed AI-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon, Mfcliigan 49440
RE: Sherman Whitetopping Construction Engineering
Dear Mohammed:
We are pleased to submit our proposal for the Sherman Whitetopping Construction Engineering.
Below is our scope of work and engineering budget for the project.
. Scope of Work
We have prepared a scope of services to complete the construction engineering for the project
outlined above.
A. Construction Engineering
1. Construction Administration - Prepare MDOT pay applications for payments to
the contractor. Address questions from the field. Prepare contract·
modifications. Schedule and attend preconstruction meeting and bi-weekly
progress meetings with contractor and City.
2. Construction Survey & Staking - Provide one-time construction staking for
contractor's p!aceri1ent of the proposed improvements.
3. MOOT Field Manager Including:
a. Pay applications.
b. On-site wage rate interviews.
c. Collection of contractor certified payrolls.
d. Comparison of interviews and the payrolls with the minimum wages.
e. Assemble project files to MDOT standards.
f. Prepare MOOT reporting documents for reimbursement to City.
g. Attend MOOT project closeout/audit at project conclusion.
4. Project Inspection (45-hrs per week for an estimated 6-weeks) - Provide daily
record keeping of construction activities in accordance with City & MOOT
agency requirements including prevailing wage rate interviews, product
certifications, quantities verification and conformance of work to plans and
specifications.
P5486 Propllr
316 Morris Ave., Suite 230, Muskegon, Ml. 49440 • Office: (231) 726-1000 • Fax, (231) 726-2200 • www.fveng.com
\.,
Mr. Mohammed AI-Shatel - Clly Engineer
City of Muskegon
December 28, 2007
Page 2
5, Material and Soil Testing - Coordinate off-site material testing such as
extractions on bituminous material, asphalt penetration and cylinder breaks on
concrete per MOOT standards.
6. Project Closeout & As-Built Drawings .,•
a) Prepare punch list of items io be completed by contractor.
b) Prepare record drawings showing as-constructed dimensions and details.
c) Provide an electronic version for all drawings (AutoCAD Files).
Based on our understanding of the project, we have estimated our services to be provided for
the following fees that will be invoiced at our standard hourly rates:
Construction Engineering
Construction Administration $4,800
MOOT Record Keeping $2,100
Construction Staking $1,200
Field Observation $20,700
Material Testing $600
Project Closeout/As-Builts $1,500
Total Estimated Fees $30,900
Our proposed fee for on-site observation and contract administration is based on a construction
period of 6 weeks and on-site inspection of 45 hours per week average. If the construction
period and level of inspection effort differs, we agree to adjust our fees for on-site observation
and contract administration proportionately, higher or lower, based on the exact schedules and
level of effort needed.
We look forward to working with you on this project. If there are any questions, please call me at
(231) 726-1000.
Sincerely,
FLEIS & VANDENBRINK ENGINEERING, INC.
ni~
Don DeVries, P.E.
Project Manager
DJD/slt
P5488 Propltr
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MDOT Agreement for:
Federal money loan to reconstruct
Clay Ave., Third St. to Terrace St.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Clay Ave. from
Third St. to Terrace St. and to approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract for the federal funds loan from the state.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water funds as shown in the 2008 budget.
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION #2008-1 OU)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF CLAY AVE. FROM THIRD ST.
TO TERRACE ST. TOGETHER WITH OTHER NECESSARY RELATED WORK
AND AUTHORIZATION FOR THE MAYOR, STEPHEN J. WARMINGTON AND
CITY CLERK, ANN MARIE BECKER TO EXECUTE SAID CONTRACT
Moved by Commissioner Spataro and supported by Vice Mayor Gawron that the
following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 07-7693 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Clay Ave. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 07-7693 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 22 nd day of January, 2008.
B~~ayL___ ~
ATTEST \\Jb,H_Jr\J)\J\;~.l ~2,,-(_,(l./c,
Ann Marie Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
January 22, 2008. 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 \\J\°"Jv~X\"-Q\J\; .l Q~~Gf(_/L._
0
Ann Marie Becker, City Clerk
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION KIRK T. STEUDLE
GOVERNOR DIRECTOR
LANSING
February 20, 2008
Ms. Anne M. Becker
Clerk
City of Muskegon
933 Ten-ace Street, P.O. Box 536
Muskegon, MI 49443-0536
Dear Ms. Becker:
RE: MDOT Contract No.: 07-7693
Control Section: STUL 6 I 407
Job Number: 101076
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~~~
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
cc: Project Accounting
M. Harbison, Design Support Area
Grand
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • {517) 373-2090
LH-LAN-0 (01/03)
CAB
Control Section: STUL 61407
Job No.: 101076
Project: STP 0861(377)
Federal Item No.: RR 6169
CFDA No.: 20.205 (Highway
Research Planning
& Construction)
Contract No.: 07-7693
MICHIGAN DEPARTMENT OF TRANSPORTATION
CITY OF MUSKEGON
LOCAL JOBS TODAY PROGRAM
LOAN CONTRACT
THIS LOAN CONTRACT,.,. hereinafter referred to as the "CONTRACT," is made and entered
into this date of Fc.8 0 S 2008 by and between the Michigan Department of
Transportation, of 425 West Ottawa Street, P.O. Box 30050, Lansing, MI 48909, hereinafter
referred to as the "DEPARTMENT," and the CITY OF MUSKEGON, MICHIGAN, of 933
Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536, hereinafter referred to as the
"RECIPIENT."
WITNESSETH:
WHEREAS, Act 51, Public Acts of 1951, as amended, authorizes the DEPARTMENT to enter
into contracts with boards of county road commissioners, incorporated cities, and villages for the
loaning of funds for the purpose of constructing transportation infrastructure improvements, as
described in the second paragraph of Article IX, Section 9, of the Michigan Constitution of 1963,
as amended;
NOW, THEREFORE, the parties agree to the following:
Section 1. PURPOSE
The purpose of this CONTRACT is to assist the RECIPIENT in financing transportation
infrastructure improvements, as described in the second paragraph of Article IX, Section
9, of the Michigan Constitution of 1963, as amended, through the project described
below, hereinafter referred to as the "PROJECT." Such assistance will be provided by
the DEPARTMENT in the fonn of a loan. Funds will be used for pre-approved purposes
only. The DEPARTMENT has the discretion and the authority to recall, freeze, or limit
disbursement of any funds or a portion thereof if the purpose or manner of expenditure by
12/3/2007 I Loca!JobsTodayLoan vlw
the RECIPIENT is inconsistent with this CONTRACT and/or with federal or state laws,
regulations, rules, or policies.
Reconstruction work along Clay Avenue from Third Street to Terrace Street; including
cold milling, storm sewer, concrete curb and gutter, concrete sidewalk, concrete
pavement overlay, hot mix asphalt paving, and pavement marking work; and all together
with necessary related work.
Section 2. CONTRACT TERM
This CONTRACT will be in effect from the date of award through September 30, 2009.
Section 3. PROJECT FUNDING, BILLINGS, AND PAYMENTS
The DEPARTMENT will loan the RECIPIENT $320,000. The RECIPIENT will pay
interest at the rate of 4 percent annually. The loan funds will be used only for the
PROJECT. The DEPARTMENT will retain the loan funds and make payments to
PROJECT contractors and subcontractors on the RECIPIENT's behalf. The RECIPIENT
directs the DEPARTMENT to convert federal advanced construction funds as soon as
they become available. The assessment of interest will begin when the DEPARTMENT
expends loan funds on the RECIPIENT' s behalf. It is understood that the loan funds
provided under this CONTRACT will not be sufficient to pay all PROJECT costs.
The loan under this CONTRACT is subject to the RECIPIENT's repayment in the
following manner: federal aid reimbursement applicable to the PROJECT will be used to
pay principal on the loan, and the DEPARTMENT will invoice the RECIPIENT annually
for the actual amount of interest. The invoiced amounts will be due and payable within
thirty days. Final payment of all principal and interest on the loan must be made on or
before September 30, 2009.
If the RECIPIENT fails to make any of its required payments when they are due, the
DEPARTMENT will immediately notify the RECIPIENT of such default and of the
amount thereof, and if such default is not corrected by payment within ten (10) days, the
DEPARTMENT is then authorized and directed to withhold from the first of such monies
thereafter allocated by law to the RECIPIENT from the Michigan Transportation Fund,
but only after sufficient money has been returned to the county road commission, city, or
village to provide for the payment of contractual obligations incurred or to be incurred
and principal and interest on notes or bonds issued or to be issued under 1941 PA 205,
1943 PA 143, 1952 PA 175, or Section 18c or 18d of 1951 PA 51, sufficient monies to
remove the default and to credit the RECIPIENT with payment thereof and to notify the
RECIPIENT in writing of such fact.
The RECIPIENT agrees that the costs reported to the DEPARTMENT for this
CONTRACT will represent only those items that are properly chargeable in accordance
with this CONTRACT. The RECIPIENT also certifies that it has read the CONTRACT
terms and has made itself aware of the applicable laws, regulations, and terms of this
CONTRACT that apply to the reporting of costs incurred under the tenns of this
CONTRACT.
12/3/2007 2 Loca!JobsTodayLoan vlw
Section 4. ADMINISTRATION
The DEPARTMENT will administer all phases of the PROJECT on behalf of the
RECIPIENT, including advertising and awarding the construction contract for the
PROJECT or portions of the PROJECT, in accordance with the Local Agency Cost
Participation Contract, as described in Section 9.
Any change in the scope or character of the PROJECT or in the cost, term, or other
provision of the CONTRACT will be by a prior written amendment to this CONTRACT
awarded by the parties.
In case of any discrepancies between the body of this CONTRACT and any exhibits
hereto, the body of the CONTRACT will govern. The headings used in this
CONTRACT are for convenience and identification purposes only and do not form a
binding part of this CONTRACT.
Section 5. COMPLIANCE ACTIVITIES
The RECIPIENT will, in the performance of this CONTRACT, comply with and require
its contractors and subcontractors to comply with all applicable federal, state, and local
statutes, ordinances, and regulations and will obtain or have its contractors and
subcontractors obtain all permits that are applicable to the entry into and performance of
this CONTRACT.
The RECIPIENT will secure any agreements or approvals from railroad companies,
utility companies, governmental agencies, or private parties required for constmction of
the PROJECT.
This CONTRACT will be interpreted, construed, and enforced in accordance with the
laws of the State of Michigan.
By signing this CONTRACT, the RECIPIENT certifies that it has obtained or will obtain
all necessary environmental protection permits and clearances prior to the beginning of
the constmction of the PROJECT.
Section 6. BREACH AND TERMINATION
In the event that any of the following occur, the DEPARTMENT may consider the
RECIPIENT to be in default with respect to this CONTRACT:
a. The RECIPIENT misrepresents any documentation or information provided to the
DEPARTMENT to secure loan financing.
b. The RECIPIENT fails to make a payment of any installment of interest under this
CONTRACT or fails to make a due payment of any other debt or obligation now
or later owed by RECIPIENT to the DEPARTMENT.
c. The RECIPIENT defaults in the performance of any other obligation to the
DEPARTMENT under this CONTRACT.
12/3/2007 3 LocalJobsTodayLoan vlw
d. The RECIPIENT becomes insolvent or makes an assignment for the benefit of
creditors.
e. Any guarantee or pledge made by the RECIPIENT that now or later secures
payment for any or all indebtedness arising from this CONTRACT becomes
terminated or limited for any reason (except as otherwise set forth herein or in
1951 PA 51) without the prior written consent or agreement of the
DEPARTMENT.
f. At any time the DEPARTMENT, acting in good faith, has cause to believe that
the prospect of payment or performance under this CONTRACT is impaired.
In the event that the RECIPIENT fails to comply with the provisions of this
CONTRACT, including the default provisions herein, and such noncompliance by the
RECIPIENT continues for a period of ten (10) days after written notification of such
noncompliance without an effort by the RECIPIENT to begin to diligently pursue
remedies for such noncompliance, the DEPARTMENT will have the right, at its option
and notwithstanding any waiver by the DEPARTMENT or any prior noncompliance, to
demand the immediate return of the full outstanding balance of the loan financing and to
terminate this CONTRACT.
The exercise of such right by the DEPARTMENT will not impair any other rights of the
DEPARTMENT under this CONTRACT or any rights of action against the RECIPIENT
for the collection of remaining monies due the DEPARTMENT and/or the recovery of
damages.
Section 7. CONTRACTUAL OBLIGATIONS
Both parties will make reasonable efforts to satisfy promptly their surviving obligations
to each other necessary to complete their contractual relationships after expiration or
termination of this CONTRACT. This provision is not intended to nor does it create or
confer any rights upon any person or entity not a party to this CONTRACT.
Section 8. PERFORMANCE RESPONSIBILITY
Each party to this Contract will remain responsible for any claims arising out of that
party's performance of this Contract, as provided by this Contract or by law.
This Contract is not intended to increase or decrease either party's liability for or
immunity from tort claims.
Section 9. LOCAL AGENCY COST PARTICIPATION CONTRACT
The DEPARTMENT and the RECIPIENT agree that, with respect to the PROJECT, the
RECIPIENT will enter into a Local Agency Cost Paiiicipation Contract consisting of Part
I and Part II (Standard Agreement Provisions) with the DEPARTMENT prior to the
disbursement of loan funds.
12/3/2007 4 Loca!JobsTodayLoan vlw
Section 10. NOTICES
All notices required hereunder will be in writing and will be deemed to have been duly
given if personally delivered or sent by certified mail, return receipt requested, postage
paid, or by telegram addressed as shown below, or by confirmed facsimile machine
message, unless notified differently in writing by the other party.
Ifto the DEPARTMENT:
Michigan Department of Transportation
Financial Operations Division
425 West Ottawa Street
P.O. Box 30050
Lansing, MI 48909
Ifto the RECIPIENT:
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon,MI49443-0536
Section 11. SEVERABILITY
If any term, covenant, condition, or provision (or any part thereof) of this CONTRACT
or the application thereof to any party or circumstance will at any time or to any extent be
held to be invalid or unenforceable, the remainder of this CONTRACT or the application
of such te1m or provision (or remainder thereof) to parties or circumstances other than
those to which it is held to be invalid or unenforceable will not be affected thereby, and
each term, covenant, condition, and provision of this CONTRACT will be valid and will
be enforced to the fullest extent pennitted by law.
Section 12. ASSIGNMENT
This CONTRACT may not be assigned without the express prior written approval of the
non-assigning party, which approval will not be unreasonably withheld.
Section 13. ACCESS AND AUDIT
a. The RECIPIENT will establish and maintain accurate records, in accordance with
generally accepted accounting principals, of all expenses incurred for which
payment is sought or made under this CONTRACT, said records to be hereinafter
referred to as the "RECORDS." Separate accounts will be established and
maintained for all costs incurred under this CONTRACT.
b. The RECIPIENT will maintain the RECORDS for at least three (3) years from the
date of final payment made by the DEPARTMENT under this CONTRACT. In
the event of a dispute with regard to the allowable expenses or any other issue
12/3/2007 5 Loca!JobsTodayLoan vlw
under this CONTRACT, the RECIPIENT will thereafter continue to maintain the
RECORDS at least until that dispute has been finally decided and the time for all
available challenges or appeals of that decision has expired.
c. The RECIPIENT will allow the DEPARTMENT or its representative to inspect,
copy, or audit the RECORDS at any reasonable time after giving reasonable
notice.
d. The RECIPIENT will comply with the Single Audit Act of 1984, as amended,
including, but not limited to, the Single Audit Amendments of 1996 (31 U.S.C.
7501-7507).
e. The RECIPIENT will comply with the requirements of the federal Office of
Management and Budget (0MB) Circular A-133, as revised or amended.
1. Recipients expending a total of Five Hundred Thousand Dollars
($500,000.00) or more in federal funds from one or more funding sources
in their fiscal year will submit two (2) copies to the address in part ii
below:
- The Reporting Package
- The Data Collection Form
- The audit firm management letter to the recipient, if issued.
The 0MB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or
amended.
11. Recipients expending less than Five Hundred Thousand Dollars
($500,000.00) in federal funds must submit a letter to the DEPARTMENT
advising that an 0MB Circular A-133 audit was not required. The letter
will indicate the applicable fiscal year, the amount of federal funds spent,
and the name(s) of the DEPARTMENT federal programs. This
infom1ation must also be submitted to the address below.
Address: Michigan Department of Transportation
Financial Operations Division
425 West Ottawa Street
P. 0. Box 30050
Lansing, MI 48909
111. Recipients must also comply with applicable state laws and regulations
relative to audit requirements.
1v. Recipients will not charge audit costs to the DEPARTMENT's federal
programs that are not in accordance with the aforementioned 0MB
Circular A-133 requirements.
12/3/2007 6 LocalJobsTodayLoan vlw
v. All recipients are subject to the federally-required monitoring activities,
which may include limited scope reviews and other on-site monitoring.
f. If any part of the work is subcontracted, the RECIPIENT will assure compliance
with subsections (a), (b), (c), (d), and (e) above for all subcontracted work.
Section 14. PROHIBITION OF DISCRIMINATION
a. In connection with the performance of the PROJECT under this CONTRACT, the
RECIPIENT (hereinafter in Appendix A referred to as the "contractor") agrees to
comply with the State of Michigan provisions for "Prohibition of Discrimination
in State Contracts," as set forth in Appendix A, dated March 1998, attached hereto
and made a part hereof. This provision will be included in all subcontracts relating
to this CONTRACT.
b. During the performance of this CONTRACT, the RECIPIENT, for itself, its
assignees, and its successors in interest (hereinafter in Appendix B referred to as
the "contractor") agrees to comply with the Civil Rights Act of 1964, being P.L.
88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-
1975d, and 2000a-2000h-6, and the Regulations of the Department of
Transportation (49 CFR Part 21) issued pursuant to said Act, including Appendix
B, dated June 2003, attached hereto and made a part hereof. This provision will be
included in all subcontracts related to this CONTRACT.
Section 15. ASSIGNMENT OF ANTITRUST RIGHTS
With regard to claims based on goods or services that were used to meet the
RECIPIENT's obligation to the DEPARTMENT under this CONTRACT, the
RECIPIENT hereby irrevocably assigns its right to pursue any claims for relief or causes
of action for damages sustained by the State of Michigan or the DEPARTMENT due to
any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788,
excluding Section 4a, to the State of Michigan or the DEPARTMENT.
The RECIPIENT shall require any subcontractors to irrevocably assign their rights to
pursue any claims for relief or causes of action for damages sustained by the State of
Michigan or the DEPARTMENT with regard to claims based on goods or services that
were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
CONTRACT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL
445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as
a third-party beneficiary.
The RECIPIENT shall notify the DEPARTMENT if it becomes aware that an antitrust
violation with regard to claims based on goods or services that were used to meet the
RECIPIENT's obligation to the DEPARTMENT under this CONTRACT may have
occurred or is threatened to occur. The RECIPIENT shall also notify the
DEPARTMENT if it becomes aware of any person's intent to commence, or of
commencement of, an antitrust action with regard to claims based on goods or services
12/3/2007 7 Loca!JobsTodayLoan vlw
that were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
CONTRACT.
Section 16. AWARD CONTINGENCY
Award of this CONTRACT will be contingent upon the RECIPIENT providing the
DEPARTMENT with a duly adopted resolution authorizing a representative of the
RECIPIENT to award this CONTRACT and undertake the PROJECT.
Section 17. FEDERAL TAX CODE
The RECIPIENT is a political subdivision of the State of Michigan that qualifies as a
"government unit" within the meaning of Sections 14l(b)(6)(A) and 141(c)(l) of the
Internal Revenue Code of 1986, as amended, hereinafter referred to as the "CODE."
The RECIPIENT hereby covenants and agrees for the benefit of the DEPARTMENT that
it will comply with the applicable requirements of Section 149 of the CODE.
The RECIPIENT will not permit at any time or times any of the property financed with
the proceeds of the loan funds that would result in the exclusion of any bonds of the
DEPARTMENT from the treatment afforded by Section 103(a) of the CODE, as from
time to time amended, by reason of the classification of such bonds as "private activity
bonds" within the meaning of Section 141(a) of the CODE, or as obligations guaranteed
by the United States of America, as provided in Section 149(b) of the CODE, or cause
interest on the bonds to be includable in gross income for federal income tax purposes.
12/3/2007 8 Loca!JobsTodayLoan vlw
Section 18. AWARD
This CONTRACT will become binding on the parties and of full force and effect upon
signing by the duly authorized representatives of the RECIPIENT and the
DEPARTMENT and upon adoption of a resolution approving said CONTRACT and
approving the signature(s) thereto of the respective representative(s) of the RECIPIENT,
a certified copy of which resolution will be sent to the DEPARTMENT with this
CONTRACT, as applicable.
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be awarded.
CITY OF MUSKEGON
MICHIGAN DEPARTMENT OF TRANSPORTATION
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APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
I. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex,
height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No.
478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the
duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this
Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated
without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that
is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
S. The contractor or his collective bargaining representative will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said
labor union or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to
his hooks, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of
investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the
Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has
not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its
order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and
officers, and including the governing boards of institutions of higher education, until the contractor complies with said
order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of
the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the
contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights
Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the Michigan Department of Transportation, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
s. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 throngh 6
of every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Michigan Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the Michigan Department of Transportation to enter into such litigation to
protect the interests of the State, and, in addition, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
Commission Meeting Date: January 22, 2008
Date: January 11, 2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance - WM, Waterfront
Marine Districts, Special Land Uses Permitted
SUMMARY OF REQUEST:
Request to amend Section 1901 (Special Land Uses Pe1mitted) of Article XIX (WM, Waterfront
Marine Districts) to allow an additional special land use.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAF'F RECOMMENDATION:
Staff recommends an1endment of the Zoning Ordinance to allow an additional special land use
in the WM, Waterfront Marine zoning district.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 1/10 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.
111112008 1
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for the reconstruction of:
Clay Ave., Third St. to Terrace St.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Clay Ave.
between Third St. & Terrace St. and to approve the attached resQlution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT's participation is limited to the federal funds of $344,200. The estimated total
construction cost is $381,700.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION #2008-11 (k)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF CLAY AVE. BETWEEN THIRD
ST & TERRACE ST. TOGETHER WITH OTHER NECESSARY RELATED WORK
AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK ANN BECKER TO EXECUTE SAID CONTRACT
Moved by Commissioner Spataro and supported by Vice Mayor Gawron that the
following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 07-5693 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Clay Ave. between Third St. & Terrace St. within the City is in
the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 07-5693 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 22 nd day of January, 2008.
ATTES~',Jn,,1~\¼,_A_;1.~( (s,_u_JL/c_,
Ann Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
January 22 nd 2008. 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 Q~ h.f'C~\1\-~,--'v~ }, ~~t,L)L
Ann Becker, City Clerk
j)
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION KIRK T. STEUDLE
DIRECTOR
GOVERNOR
LANSING
February 22, 2008
Ms. Anne M. Becker
Clerk
City of Muskegon
933 Te1Tace Street, P.O. Box 536
Muskegon, MI 4+443-0536
Dear Ms. Becker:
RE: MDOT Contract No.: 07-5693
Control Section: STUL 61407
Job Number: 101076
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
cc: Project Accounting
M. Harbison, Design Support Area
Grand
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH:LAN-0 (01103)
(ADVANCE CONSTRUCTION CONTRACT) CAB
STP &LJT Control Section STUL 61407
Job Number 101076
Project STP 0861(377)
Federal Item No. RR6169
CFDANo. 20.205 (Highway
Research Planning &
Construction)
Contract No. 07-5693
PART I
THIS CONTRACT, consisting of PART FE.Ir°£ lilJ!oif II (Standard Agreement
Provisions), is made and entered into this date of _ _ _ _ _ _ _ _ _ _ _, by and between
the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and
obligations of the parties in agreeing to the following improvements, in the City of Muskegon,
Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I",
dated November 30, 2007, attached hereto and made a part hereof:
PART A-FEDERAL AND STATE PARTICIPATION
Reconstruction work along Clay Avenue from Third Street to Terrace Street; including
cold milling, storm sewer, concrete curb and gutter, concrete sidewalk, concrete
pavement overlay, hot mix asphalt paving, and pavement marking work; and all together
with necessary related work.
PART B-NO FEDERAL OR STATE PARTICIPATION
Watermain and paving parking areas work along Clay Avenue from Third Street to
Terrace Street; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal and State law, monies have been provided for the
performance of certain improvements on public roads; and
WHEREAS, the PROJECT has been approved for financing in part with State Local Jobs
Today Program Funds; and
WHEREAS, the PROJECT will be performed as an advance construction project; and
06/19/96 AdvconstLJTLoan.FOR 11/30/07 I
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department ofTranspmiation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the
nse of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
I. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
The PROJECT work shall be performed as an advance construction PROJECT and shall
meet applicable Federal requirements set forth on 23 CFR Subpart G; 23 U.S.C. 115.
It is understood that authorization to undertake the performance of the work under this
contract as an advance construction PROJECT does not constitute any commitment of
DEPARTMENT or Federal Funds for this PROJECT.
Expenditures incurred on this PROJECT as advance construction will not be subject to
reimbursement with Federal Funds until the PROJECT is converted to a regular Federal-aid
project as provided under 23 CFR 630.705(2); CFR 630.709.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT, including any other costs
incurred by the DEPARTMENT as a result of this contract, except for construction engineering
and inspection.
No charges will be made by the DEPARTMENT to the PROJECT for any inspection
work or construction engineering.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering, construction materials testing, inspection, and right-of-way are
excluded from the PROJECT COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer
on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
06/19/96 AdvconstLJTLoan.FOR 11/30/07 2
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to
the PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering,
construction materials testing, and inspection services necessary for the
completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing
sequences for trunkline signals that, if any, are being made part of the improvement. No timing
adjustments shall be made by the REQUESTING PARTY at any trunkline intersection, without
prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
The PART A portion of the PROJECT COST shall be met in part by contributions
by the State Local Jobs Today Program and the REQUESTING PARTY.
State Local Jobs Today Grant Funds shall be applied to the eligible items of the
PART A pmiion of the PROJECT COST up to the lesser of: (1) $80,000, or (2)
an amount such that 20 percent of the PART A portion of the PROJECT is not
exceeded at the time of the award of the construction contract. The balance of the
PART A portion of the PROJECT COST, after deduction of State Funds, shall be
charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
Contingent upon availability of Federal Funds and Federal approval, Federal
Surface Transportation Funds, for future fiscal years, may be applied to that
portion of the PART A cost incurred as advance construction up to the lesser of:
(!) $320,000, or (2) an amount such that 80 percent, the normal Federal
participation ratio for such funds, is not exceeded at the time of the award of the
construction contract.
06/19/96 AdvconstLJTLoan.FOR 11/30/07 3
The State Local Jobs Today Program loan, through a separate contract, is an
amount equivalent to the estimated Federal Surface Transportation Funding
applicable to the PART A portion of the PROJECT that is not currently available.
Said loan shall be used as advance construction dollars. Contingent upon
availability of Federal Funds and Federal approval, Federal Surface
Transportation Funds, for future fiscal years, will be applied to any outstanding
principal balance of the State Local Jobs Today Program loan for costs incurred
on the PART A portion of this PROJECT as advance construction.
PARTB
The PART B portion of the PROJECT COST is not eligible for Federal or State
participation and shall be charged to and paid 100 percent by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
Any items of PROJECT COST or any advance construction expenditure not reimbursed
by Federal Funds or State Funds will be the sole responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required from the REQUESTING PARTY for
this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share
of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein
provided. All payments will be made within IO days of receipt of billings from the
DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING
PARTY'S share of the actual costs incurred less available Federal Funds, State Local Jobs Today
Loan Funds, and State Local Jobs Today Grant Funds as the PROJECT progresses.
Failure to make such payments within 10 days of receipt of billings from the
DEPARTMENT, the DEPARTMENT is hereby authorized to withhold without further notice an
equal amount from the REQUESTING PARTY'S share of any future Act 51 monthly
allocations.
In the event of any discrepancies between PART I and PART II of this contract, the
provisions of PART I shall prevail.
7. At such time as traffic volumes and safety requirements wmTant, the
REQUESTING PARTY will cause to be enacted and enforced such ordinances as may be
necessary to prohibit parking in the traveled roadway throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable
to a Federally funded project.
06/19/96 AdvconstLJTLoan.FOR 11/30/07 4
9. The REQUESTING PARTY certifies that it is a person under the Natural
Resources and Environmental Protection Act (NREPA); 1995 PA 71 and is not aware of and has
no reason to believe that the property on which the work under this agreement is to be performed
is a facility as defined in MCL 324.20101(0); MSA 13A.20101(1)(1). The REQUESTING
PARTY certifies that it is not a person liable under Part 201 or Part 213 of the Natural Resource
and Environmental Protection Act (NREPA); MCL 324.20101 et seq. and Part 213 ofNREPA;
MCL 324.21301a et seq. The REQUESTING PARTY is a local unit of government that has
acquired or will be acquiring property for a transportation corridor or public right-of-way and
was not responsible for any activities causing a release or threat of release at or on the property.
Pursuant to MCL 324.20126, the REQUESTING PARTY is not a person who is liable for
response activity or response activity costs as defined by MCL 324.20101(ee) and (ff).
10. Both the REQUESTING PARTY and the DEPARTMENT certify that the
DEPARTMENT is not a person liable under Parts 201 and 213 of the NREPA; that the
DEPARTMENT is not an owner or operator of any property within the PROJECT limits; that the
DEPARTMENT has not arranged for the disposal of hazardous substances within the PROJECT
limits, nor has the DEPARTMENT transported any hazardous substances to the PROJECT
limits; that the DEPARTMENT has not conducted any activities which have resulted in a release
or threat of release of hazardous substances at the facility or within the PROJECT limits and that
the DEPARTMENT is otherwise not liable for any response activities or response activity costs
at the facility.
11. If subsequent to execution of this contract, previously unknown hazardous
substances are discovered within the PROJECT limits, which require the incurrence of response
costs for response activity pursuant to state or federal law, the REQUESTING PARTY, in
addition to reporting that fact to the Department of Environmental Quality, shall notify the
DEPARTMENT, both orally and in writing within 24 hours of such discovery. The
DEPARTMENT shall consult with the REQUESTING PARTY to determine whether the area
within the PROJECT limits constitutes a facility and whether the REQUESTING PARTY is
required to incur response costs to address the contamination under state or federal law. If the
REQUESTING PARTY is liable for response activities or response costs under state or federal
laws, the DEPARTMENT will consult with the FHWA to dete1mine the eligibility of such
response costs for reimbursement. In the event that the response costs and other incidental costs
including, but not limited to delay costs, are deemed not to be eligible for reimbursement by the
FHWA, the REQUESTING PARTY shall be charged for and shall pay to the DEPARTMENT
all response costs and delay costs of the contractor for the PROJECT. If the REQUESTING
PARTY refuses to paiiicipate in such costs, the DEPARTMENT shall terminate the PROJECT.
The parties agree that any costs or damages that the DEPARTMENT incurs as a result of such
termination shall be considered a PROJECT COST.
12. If federal and/or state funds administered by the DEPARTMENT are used to pay
the cost of remediating any hazardous substances discovered after the execution of this contract
and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation
with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent
06/19/96 AdvconstLJTLoan.FOR 11/30/07 5
effort to recover such costs from all other possible entities. If recovery is made, the
DEPARTMENT shall be reimbursed from such recovery for the propottionate share of the
amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit
such sums to the appropriate funding source.
13. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway
Administration pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT and its agents pursuant to the terms of this contract are done to
assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available
funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT and
its agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of
their ultimate control and shall not be construed as a warranty of their propriety or that the
DEPARTMENT and its agents is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT and its agents does
not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT and its agents is performing a governmental function, as that term is defined in
MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
14. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402; MSA 3.996(102) rest with the REQUESTING
PARTY and other local agencies having respective jurisdiction.
15. The REQUESTING PARTY shall approve all of the plans and specifications to
be used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
16. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.
06119196 AdvconstLJTLoan.FOR 11/30/07 6
17. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor,
vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for
the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims
shall be considered PROJECT COSTS.
18. The DEPARTMENT shall require the contractor who is awarded the contract for
the construction of the PROJECT to provide insurance in the amounts specified and in
accordance with the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of
the PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State
of Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other county, county road commission,
or municipality in whose jurisdiction the PROJECT is located, and their
employees, for the duration of the PROJECT and to provide, upon request,
copies of certificates of insurance to the insureds. It is understood that the
DEPARTMENT does not assume jurisdiction of the highway described as
the PROJECT as a result of being named as an insured on the owners
protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction
and to provide, upon request, copies of notices and reports prepared to
those insured.
06/19/96 AdvconstLJTLoan.FOR 11/30/07 7
19. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolution approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By\1rn,:~Y'-c,'ci\)(~ l/:;:,cJL "'~
Title: //;,,, ;?/,,r, c /Je-clrer,
C,y Clerk
06/19/96 AdvconstLJTLoan.FOR 11/30/07 8
November 30, 2007
EXHIBIT I
CONTROL SECTION STUL 61407
JOB NUMBER 101076
PROJECT STP 0861(377)
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost · $344,200 $37,500 $381,700
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $344,200 $37,500 $381,700
Less State Local Jobs Today Grant Funds* $ 68,800 $ 0 $ 68,800
Balance $275,400 $37,500 $312,900
Less State Local Jobs Today Program Loan/Federal Funds
(Advance Construction) Future Fiscal Year** $275,400 $ 0 $275,400
REQUESTING PARTY'S SHARE (Future Fiscal Year) $ 0 $37,500 $ 37,500
*State Local Jobs Today Grant Funds for the PART A portion of the PROJECT COST are
limited to an amount as described in Section 5.
**Contingent upon availability of Federal Funds and Federal approval, Federal Surface
Transportation Funds, for future fiscal years, may be applied to that portion of the PART A cost
incurred as advance construction and are limited to an amount as described in Section 5.
NO DEPOSIT
06/19/96 AdvconstLJTLoan.FOR 11/30/07 9
DOT TYPEB
BUREAU OF HIGH\\A YS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION III ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the follo\\ ing
Directives of the Federal-Aid Policy Guide (FAPO) of the FHW A, as applicable, and as
referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations
(CFR), and all supplements and amendments thereto.
I. Engineering
a. FAPG (6012.1): Preliminary Engineering
b. F APG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. F APO (23 CFR 635A): Contract Procedures
d. F APG (49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. F APG (23 CFR I 40E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
C. F APG (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
d. F APG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 635B): Force Account Construction
f. FAPG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Dnices on Federal-Aid and other
Streets and Highways
1. FAPG (49 CFR 18.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 140!): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those FederalJy funded projects which exceed a total cost of
$100,000.00 stipulate the folJowing with respect to their specific jurisdictions:
I. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water PolJution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water PolJution Control Act,
and alJ regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shalJ notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted iri all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and wilJ
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRA.TION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency. firm.
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements will be covered by formal \\Tinen agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined cost criteria such as 49 CFRPart 18, 48 CFR Part 31, 23 CFR Part 140, 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submined for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172), which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals ofthe PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives wrinen
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment cifall costs and e:,;penses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of I 980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party v,ith
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon •wrinen
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelJed portions of ihe PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
l. The REQUESTING PARTY shall establish and maintain accurate records. in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for atleast three (3) years
from the date of final payment of Federal Aid made by the DEPARTMENT under
this contract. In the event of a dispute with regard to the allowable expenses or any
· other issue under this contract, the REQUESTING PARTY shall thereafter continue
to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
in the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion ofan audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
supply appropriate excerpts and make alternate arrangements to conveniently and
03-15-93 7
arrangements to conveniently and reasonably make that documentation available
for review by the DEPARTMENT. The RESPONSE shall refer to and apply 1he
language of the contract. The REQUESTING PARTY agrees that failure lO
submit a RESPONSE within the sixty (60) day period constitutes agreement with
any disallowance of an item of expense and authorizes the DEPARTMENT to
finally disallow any items of questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of
the Notice of Audit Results. If the DEPARTMENT determines that an
overpayment has been made to the REQUESTING PARTY, the REQUESTING
PARTY shall repay that amount to the DEPARTMENT or reach agreement with
the DEPARTMENT on a repayment schedule within thirty (30) days after the
date of an invoice from the DEPARTMENT. If the REQUESTING PARTY fails
to repay the overpayment or reach agreement with the DEPARTMENT on a
repayment schedule within the thirty (30) day period, the REQUESTING PARTY
agrees that the DEPARTMENT shall deduct all or a portion of the overpayment
from any funds then or thereafter payable by the DEPARTMENT to the
REQUESTING PARTY under this contract or any other agreement, or payable to
the REQUESTING PARTY under the terms of 1951 PA 51, as applicable.
Interest will be assessed on any partial payments or repayment schedules based on
the unpaid balance at the end of each month until the balance is paid in full. The
assessment of interest will begin thirty (30) days from the date of the invoice.
The rate of interest will be based on the Michigan Department of Treasury
common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The
REQUESTING PARTY expressly consents to this withholding or offsetting of
funds under those circumstances, reserving the right to file a lawsuit in the Com1
of Claims to contest the DEPARTMENT'S decision only as to any item of
expense the disallowance of which was disputed by the REQUESTING PARTY
in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984,
P.L. 98-502.
The REQUESTING PARTY shall adhere to the following requirements
associated with audits of accounts and records:
a. Agencies expending a total of $500.000 or more in federal funds. from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending Jess than $300,000 in federal funds must submit a Jetter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount offederal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work - All billings for work undertaken by the REQUESTI'-iG
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent FAPG Directives and Guidelines of the FHWA.
"
.J. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
03-15-93 9
4. Final billing under this contract shall be submitted in a timely manner but nor later
than six months after completion of the work. Billings for work submitted later rhan
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies. the
DEPARTMENT will act as billing agent for the REQUESTING PARTY.
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly fonvard to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than$ I ,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
0
In the event that the bid. plus contingencies. for the ·contracted. and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT. in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with D EP AR TMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (10) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items ofcosts previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, ifany, and completion of final
audit by the DEPARTMENT and if applicable, by the FHW A. shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (] 00%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
C. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, ifrequired.
03- I 5-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTION V
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTI\'G
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (10th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPE!\DIX A
PROHIBITION OF OISCRIMINA TION IN STATE CONTR'\CTS
In connection with the performance of work under this contract; the contractor agrees as fo11ows:
1. In accordance ,vith Act No. -l53. Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age. sex. height. weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act "io. ~78, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfofthe contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin.
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation to ascertain
compliance·with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board oftheState ofMichigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March. 1998
(Re1 . 03/92)
APPENDIX B
During the performance of this contract. the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor 11 ) agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title ~9, Code
of Federal Regulations. Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract,
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor1s noncompJiance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in ·part
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIX C
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Commission Meeting Date: January 22, 2008
Date: January 16, 2008
To: Honorable Mayor and City Commissioners
From: City Treasurer
RE: Resolution to Collect Taxes Levied in the Summer
SUMMARY OF REQUEST:
To approve the attached resolution rescinding the previous resolution that declined to
collect the State Education Tax in a summer levy. City staff was contacted by the
Michigan Department of Treasury, Local Government Section, who indicated that the
resolution needs to be approved in the month of January.
FINANCIAL IMPACT:
To meet the 2008 fiscal year approved budget projection.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
N/A
CITY OF MUSKEGON
Resolution No. 2008-11 (1)
A Resolution to rescind a previous resolution that declined to collect the State Education Tax in a
summer levy.
RECITALS
1. That Public Act 331 of 1993, the State Education Tax Act, as amended by Public Act 244 of 2002,
requires cities and townships to collect the State Education Tax in a summer levy, except as
otherwise provided by Jaw.
2. Cities are required to collect the State Education Tax in a summer levy unless, before
November 1, 2002, the legislative body adopted a resolution declining to collect the tax.
3. On October 22, 2002, the City Commission of the City of Muskegon adopted Resolution No.
2002-119(6), which declined to collect the State Education Tax in a summer levy beginning
with the summer 2003 levy.
4. In accordance with Act 331 of 1993, as amended by Public Act 244 of 2002, the legislative
body of a city or township that has declined to collect the State Education Tax in a summer
levy may by resolution adopted by a majority of the legislative body rescind the earlier
decision to decline to collect the tax.
THEREFORE, BE TT' RESOLVED BY THE CITY COMMISSION:
That the City of Muskegon rescinds Resolution No. 2002- I l 9(b) which declined to collect the State
Education Tax in a summer levy and herby elects to begin collection of the State Education Tax in a
summer levy beginning with the summer 2008 levy.
This resolution passed.
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter
Nays: None
Clf'(OF MUSKEGON
By ~r--1~vv,>.. V:;,, c.JCA-"-
Ann Marie Becker, MMC, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 22, 2008. 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.
C if'( OF MUSKEGON
By \. ,_-,,~\¼j , · \S,.z 1(,;v°"
Ann Marie Becker, MMC, City Clerk
U;\TREASURER\SMffH\WORD\Commissn\RRRDCSET
TO: Honorable Mayor and City Commissioners
FROM: Engineering •
DATE: January 22, 2008
RE: Public Hearing
Spreading of the Special Assessment Roll
Creston St., Laketon Ave. to Evanston Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Creston St. from Laketon Ave. to
Evanston Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $30,254.66 would be spread against the ten-(! 0) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2 008-12 (a)
Resolution Confirming Special Assessment Roll
· For Creston St. from Laketon Ave. to Evanston Ave,
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth iti Exhibit A attached to this resolution on February 13, 2007, at the first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the assessed
prope1ties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall cany interest at ·
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR: Creston St., from Laketon Ave. to Evanston Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confitmation.
This resolution passed.
Ayes: ---"S'-'-h"'e"'p'-'h=e'-'r~d~,~S~p._acc..c.t=accr..cco_,_,---"W~a=r-"'m=i'-'-n"-g'-'t'-'o"'n-'-',~W"-1~·e~r=e=n-g"""o.,,.,--"W-"i=s=n'-'e~s~k=i~,~
Carter, and tawron
Nays: ___N_o_n_e_________________________
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 22, 2008. 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.
Fmther, I hereby certify that the special assessment roll referred to in this resolution was confitmed on this date,
being January 22, 2008.
~ City of Muskegon ·
By _/"'-rv~l\~V\AJ ~/t \)( /l,_
Ann Marie Becker., MMC '
City Clerk
EXHIBIT A
CRESTON ST., EVA,"iSTON AVE .. TO LAKETON AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of CRESTON ST., FROM EVANSTON AVE. TO
LAKETON AVE. .
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
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CRESTON ST., LAKETON AVE. TO EVANSTON. AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT
TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
INGTON
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1622, Creston Street, Laketon Ave. To Evanston Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 11th DAY OF JAN UARY 2008.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
.,,23 DAY OF Jctn 114 r I(_ , 2008.
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NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-~s--~cJ I~
January 11, 2008
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and ,ylll now consider final
confirmation of the special assessment roll:
CRESTON STREET, LAKETON AVE. TO EVANSTON AVE.
Pubf/c Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, JANUARY 22, 2008
at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion,
approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the
hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING
OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED JANUARY 22, 2008 YOU
WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN TAX TRIBUNAL (517-334-4712) OR EMAIL ADDRESS: [email protected]. HOWEVER, UNLESS
YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
Costs
The final projected cost of the street improvement portion of the project is $280,518.36 of which $30,254.06 will be paid by
special assessment. If the special assessment is confirmed, your property will be assessed $1,071.88 based on 62.5 feet
assessable front footage at $17.15 per assessable foot for the street improvements. In addition, you will be assessed $0.00
for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $1,071.88
Following are the terms of the special assessment: ·
The total assessment of $1,071.88 may be paid in full any time by the due date of March 24, 2008 without interest being
charged. After this date, interest will be charged at the annual rate of 5% on the remaining balance. Assessments also may
be paid over a ten-year period in ten equal principal installments of $107.19 (plus accrued interest). If you pay your
assessment in installments, your annual installment (plus accrued interest) will be included. as a separate item on your
property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify
them of this charge. Should you wish to avoid having the annual Installment placed on the property tax bill by making
a separate payment or to pay the total balance due, please contact the Treasurer's office at (231) 724-6720.
/
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your a~sessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this c!)'ange. Early
payments may be made at any time and are encouraged. ·
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231-724-6707 before the hearing date. ·
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
~-??:?~/???ul
Mohammed AI-Shatel, P.E.
pp,e .
City Engineer
Enclosures
Special Assessment Payment Options
Property owners fn the City of Muskegon who are beln{) specially assessed for stniat, sldewalk or other public
lmprovomen\!1 may pay their assessmont In t~e following ways:
/,••JJJJJJP.. sum P!!YJ!l..~ll · .
Assassments may be paid In full within sixty (60) days of Iha confirmation of 1he special assessrnant roll
w//houl Interest.
ll~.Jn.dollmont l?..i!rm.~
AsMs~MMls Mt paid within the f1rst sixty (80) days may be paid In lnstallmelilts over several years as follows:
Street and Alley Assessments•- Ton (10) years equal annual principal payments. f'or example, 1f lhe
amount of your assessment Is $850.00, you will be billed $86,00 per year plul:l applicable Interest as
deacrlbad below.
Driveway, Sidewalk, and Approach, A11•0.tsment11 • 'ten (10} years equ11l annual principal payments
plus applicable inlerest as described below,
Interest- Simple lnterrist Is charged at the ra1e of 5.00% per year unless the City has borrowed money
lo complete Iha projeo1 for which y-Ou are assessed and h-M plodged you aasessments for repayment of
lhe borrowed money. In such cases, the Interest you are charged Is equal to the Interest rate tho City
must pay on tho borrowed money plus 1.00%.
/If. )Jn.,1~,rJJ.r,.W.u1~rnmmt Def11H:11.L(1.J!'tlla.~Qt11R.P..tJ!l9rs and Dllii!blrid. fm'.l'iPJMl
'f'o qualify for a special assas$ment deferral you or your spouse (ifjolnlly owned) must:
• Be 65 years or older or be lolally or permanently disabled.
• Have been a Michigan resident for five (li} ye~rs or more and have owned and occupied U1a t1omestead
being assessed for live (5} years or more. ·
• Be a citizen or tho U.S.
• Have a .total household Income not In excess of $1-0,823,00
• Have a special assessment of $300,00 or more.
Under this program !he State of Michigan will pay the enlira balance owing of !ha special assessmenl,
Including delinquent, current, and further ins1allm,mts, Al the lime or payment a lien Will be recorded on your
property in favor of the Stale of Michigan. Repayment to the State must be made a! the time the property Is
sold or transferred or after Iha death of the owner(a). During lhe time the special assessment is deferred
Interest Is accrued al the rale of 6.00% per year.
lll. . Further ln[q.mwkm.AIUJJJt.lh!l.1\Jx>vg Prqgl'.!J/Jl§I .
Further inrorma1ion about any of the above payment Pptlons may be obtained by camng eUher 1he City
AsseSiOf's Office at 724,11708 or the Cfly Tre11s1.1rer's Off/cs at 724,6720. Appl/oalfons maybe obtained at
the Muskagon County Equaliz1;1tion Office in the Muskegon County bu/tdlng or City of Muskegon Asses.sot's
Of/left In Cffy Hall.
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H1622 HEARING DATE: JANUARY 22, 2008
CRESTON ST., LAKETON AVE. TO EVANSTON AVE.
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS PAVING DR APP/SW TOTAL
24-128-400-0017 0 CRESTON AVE LAKETON EAST LL 1960 S ROBERTS ST MUSKEGON Ml 49442 $1,715.00 $0.00 $1,715.00
24-128-400-0020 1345 E FOREST A CITY OF MUSKEGO 933 TERRACE ST MUSKEGON Ml 49443 $12,793.90 $0.00 $12,793.90
24-128-400-9991 1350 E LAKETON MICHIGAN SHORE 400 W 15TH ST SUITE 1 AUSTIN TX 78701-164 $960.40 $0.00 $960.40
24-128-400-0018 1390 E LAKETON MICHIGAN SHORE 400 W 15TH ST SUITE 1 AUSTIN TX 78701-164 $171.50 $0.00 $171.50
24-495-000-0003 1392 E FOREST A HICKS THERESA L 1392 E FOREST AVE MUSKEGON Ml 49442 $1,166.20 $0.00 $1,166.20
24-128-400-0012 1393 EVANSTON WATTS JOHN N 1393 EVANSTON AVE MUSKEGON Ml 49442 $1,071.88 $0.00 $1,071.88
24-495-000-0001 1555 CRESTON S ESCHMAN RICHAR 1555 CRESTON ST MUSKEGON Ml 49442 $1,484.50 $0.00 $1,484.50
24-495-000-0002 1575 CRESTON S ZANDSTRA JOHN 1575 CRESTON ST MUSKEGON Ml 49442 $1,457.75 $0.00 $1,457.75
24-128-400-0019 1690 CRESTON S CITY OF MUSKEGO 933 TERRACE ST MUSKEGON Ml 49443 $4,287.50 $0.00 $4,287.50
24-128-400-0017 1785 CRESTON S MUSKY CHECKER - 15915 VENTURA BLVD ENCINO CA 91436 $5,146.03 $0.00 $5,146.03
1/24/2008
Page 1 of 2
H1622 HEARING DATE: JANUARY 22, 2008
CRESTON ST., LAKETON AVE. TO EVANSTON AVE.
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS PAVING DR APP/SW TOTAL
TOTALS: . . $30,254.66 $0.00 $30,254.66
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~)o/}V:11¼2 ~ p1. ,Sio/7fl,.;:;;
DONNA BETH STOKS,OUNTY EQUALIZATION
J /c2.l//ocS
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DATE
1/J..z lo 8
SUEWIER NGO CITY COMMISSIONER DATE
~~+-rP-l,?:;;._ _ _ _ _~1/1-------+7;j~O~f' I
CITY COMMISSIONER DATE
1/24/2008
Page 2 of 2
Date: January 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
PINE ST., APPLE AVE. TO WESTERN AVE.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Pine St., Apple Ave. to Western Ave.
project, and to create the special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board of Assessors by
adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2008-12 ( b)
Resolution At First Hearing Creating Special Assessment District
For Pine St., from Apple Ave. to Western Ave,·
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 22, 2008 at 5:30 o'clock p.m. at the City Commission
Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file
with the City and have been reviewed for this hearing.
3. At the hearing held January 22, 2008, there were 2 6 • 1 % objections by the owners of the property in the
district registered at the hearing either in writing received before or at the hearing or by owners or agents
present at the hearing, and the Commission has considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including all assessable
expenses and determines them to be reasonable. ·
2. The City Commission has considered the value of the property to be assessed and the value of the benefit to
be received by each property proposed to be assessed in the district after the improvements have been
made. The City Commission determines that the assessments of costs of the City project will enhance the
value of the properties to be assessed in an amount at least equivalent to the assessment and that the
improvement thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the property set forth in
Exhibit A attached to this resolution. ·
2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and
estimates of costs, and directs the City Engineer to proceed with project design, preparation of
specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of
financing the improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
Shepherd and Gawron and the City Assessor who are
hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately
20% of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and
persons interested in properties to be assessed of the hearing at which the City Commission will consider
confirmation of the special assessment roll.
This resolution adopted.
Ayes Spataro, Warmington, Wierenga, Wisneski, Carter, Gawron,
and Shepherd
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 22, 2008. 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
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BYJb"--J("-\ '\ou\ W \~cJi./v\
Ann Marie Becker, City Clerk
EXHIBIT A
Pine St., from
Apple Ave. to Western Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of
Pine St., from Apple Ave. to Western Ave.
11
EXHIBIT A SPECIAL ASSESSMENT DISTRICT
11
NOT TO SCALE
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Pine St., Apple Ave. to Western Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE llTHDAY OF JANUARY, 2008.
~ l<"Jb (;~ Lh
ANN BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
d3 DAY OF ,fa /It/ a rp Y , 2008.
~ ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f - o? S- - c:20 I .2
O:\ENGINEERING\COMMON\2008 PROJECTS MASTER\PROJECTS\PINE ST., APPLE TO WESTERN\SA INFO\AFFIDAYIT
PINE ST-CREATE.doc
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that
special assessment districts be created for the following projects:
PINE ST., APPLE AVE. TO WESTERN AVE.
AND
VINCENT DR./PARK DR., BARCLAY ST. TO NORTH END
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Pine St., from Apple Ave. to Western Ave.
And
All Parcels Abutting Vincent Dr./Park Dr., from Barclay St. to North End
The City Commission proposes that the City and property owners by means of special assessments will share the cost of
improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department
during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION
CHAMBERS ON JANUARY 22, 2008 AT 5:30 O'CLOCK P.M.
PLEASE UNDERSTAND THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A
LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL,
EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affinnative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: January 12, 2007 Ann Becker City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Ann Becker City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
Pine St., from
Apple Ave. to Western Ave.
The proposed reconstruction of Pine St., Apple Ave. to Western Ave., see attached special assessment district map,
was initiated by the City due to the conditions it is in. We feel that reconstruction is the most effective method
especially with the needs for other facilities which includes watermain, sewer main (including water & sewer
services), and storm sewer system.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is
attached.
The preliminary cost estimate for the work associated with paving is approximately $450,000 with the length of the
project being approximately 1,995 lineal feet or 2,853 of assessable front footage. This translates into an estimated
improvement cost of$157 per assessable foot. However, based on the 2008 assessment figure for this type of
improvement, the assessment will not exceed $32.00 per assessable foot.
MUSKEGON COUNTY
MI CH I GAN
January 4, 2008
BOARD OF Mohammed Al-Shatel, City Engineer
COMMISSIONERS
City of Muskegon
James J. Derezinski 93 3 Terrace Street
Chair, District 4 Muskegon, MI 49443
I. John Snider II Mr. Al-Shatel:
Vice Chair, District 3
P. Don Aley
In accordance with your request, I have examined the proposed special assessment
District 7 district entailing the reconstruction of Pine Street from Apple Avenue to Western
Charles L. Buzzell
Avenue (Project# H-1612). The purpose of this analysis is to document the
District 2 reasonableness of this special assessment district by identifying and quantifying any
accrued benefits, It is subject to the normal governmental restrictions of escheat,
Lew Collins
District 6 taxation, police power and eminent domain. The effective date is January 4, 2008.
Marvin R. Engle The proposed special assessment district encompasses primarily commercial
District 5 properties. The City of Muskegon's Engineering Department has provided all frontage
BillGill estimates in accordance with the City's Special Assessment Policy and all project-
District 8 related costs. The total project cost is estimated to be $325,000. The amount of
Kenneth Mahoney money to be spread to the 35 property owners has been estimated at $91,296.00 or
District 1 28.1 % of the total costs. The proposed front foot rated to be spread is $32.00. The
Louis A. McMurray
City's Engineering Department is solely responsible for these figures.
District 9
In conclusion, it is my opinion that the special assessment amounts as provided by the
Robert Scolnik City justly and reasonably represents the accrued benefits to the properties
District 11
encompassed by this project. The amounts reflect the sum of the immediate estimated
Roger C. Wade value enhancement and the intrinsic value that will accrue from an overall increase in
District 10 property values due to an improved quality oflife created by the proposed project.
Simply stated, the front foot rate of $32. 00 to be spread over an assessable footage of
2853. 00 for the reconstruction of the above mentioned project area appears reasonable
and equitable based upon the data presented by the City of Muskegon Engineering
Department, and on supporting office records.
Sincerely,
Dennis W. Bums, CMAE 3
Assessment Administration Supervisor
EQUALIZATION DEPARTMENT- 173 E. APPLE AVE., BUILDING C · MUSKEGON, Ml 49442
WWW.CO.MUSKEGON.Ml.US/EQUALIZATION (231) 724-6386 · FAX (231) 724-1129
TTY (231)722-4103 • An EEO/ADA/AA Employer
January 11, 2008
«OwnerName1 »
«OwnerStreetAddress»
«OwnerCity», «OwnerState» «OwnerZipCode» 1
The City of Muskegon is asking for your support for improvement of the street adjoining your property
located at «PropAddressCombined». ·
The City of Muskegon believes that by making the proposed street improvements you will have less road
noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access
for delivery of services such as snow plowing, mail delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street improvement will be
paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to
cover a share of the cost (which you can spread over a period of ten years) based on the amount of
property you own bordering the street. A description of the project, including the asso.ciated cost to you
and the City, is located in the documents attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner
street while adding curb appeal to your property, you do have the right to ask further questions or protest
participation in this particular project. Please carefully review the enclos.ed materials and call the City's
Engineering Department at 724-6707 if you require more information.
A public hearing is also scheduled for this project on 1/22/2008. If you attend this public hearing you will
be given an opportunity to make comments on the proposed special assessment district to the
commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back
to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added
to the tabulation of votes during the public hearing. If you do not send in this .form your vote counts as "in
favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
January 11, 2008
«OwnerName1 »
«OwnerStreetAddress»
«OwnerCity», «OwnerState» «OwnerZipCode» «NUMBER»
Parcel Number: «ParcelNumber» at «PropAddressCombined»
NOTICE OF HEARING ON SPECIAL ASSES.SMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special assessment district
which would assess your property for the following paving project:
PINE ST., APPLE AVE. TO NORTH END
The proposed special assessment district will be located as follows:
All parcels abutting Pine St, from Apple Ave. to Western Ave. .
It is proposed that a portion of the above improvement will be paid by special assessment against
properties in the aforementioned district. Following are conditions of the proposed special assessment
which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be held at the City of
Muskegon City Commission Chambers on «HearingDate>> at 5:30 p.m. You are encouraged to appear
at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection
concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to
indicate your agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost of the
assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to
the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE:
THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IFYOU WANT YOUR OPINION
COUNTED FOR THE SPECIAL ASSESSMENT.
I
/ A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be mailed a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIR1Y (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLLTQ FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its.
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $450,000.00, of which,
approximately 20% ($91,296.00) will be paid by property owners through special
assessment. Your property's estimated share of the special assessment is shown on
the attached hearing response card. The remaining costs will be paid by the City.
The street special assessment, which covers improvements to the roadway, may be
paid in installments over a period of up to ten (10) years. Any work on drive approaches
or sidewalks will be assessed to the property at actual contract prices and these costs
may also be paid in installments over ten (10) years. Please note this work is in
addition to the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available .
. I urge you to return the enclosed Hearing Response Card indicating your preference
and to attend the scheduled public hearing. Your views are important to the City and to
your neighbors. Additional information, including preliminary project plans and cost
estimates are available in the Engineering Department located on the second floor of
City Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through
Friday except holidays.
Sincerely,
Special Assessment Payment Options
Property owners In the City of Muskegon who are being specially assessed for street, sidewalk-or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of.$300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to t_he extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
i>INE ST., APPLE AVE, TO WESTERN AVE. H-1612
CDBG APPLICATION FOR WAIYER OF SPECIAL ASSESSMENT
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate.:________Social Security# ________
Spouse:_·_ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ Social Security# _ _. _ _. _ _
Addrells: _ _ _ _ _ _ _ _ _ _ _ _ _Phone:_--'_ _ _ _ _ _ _ _ _Race: _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infom1ation)
Number Living iu Household: _ _ _ _ List infonnation for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate._ _ _ _ _ _ ___cSocial Security# _ _. _ _•_ _
Name Birthdate Social Security# _ _-_ _. _ _
Name Birthdate Social Security# _ _-_ _. _ _
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
PropertyTaxes: ( ) Current ( ) Delinquent Year(s)Due _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be cun-ent to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, th\l applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to
the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed, NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
·,1 ilmrn. 'I ,",.,
1n · 1.. 11•dr,r:i,1r:P;,;,1
1i tt' 1
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _~ - - - - - TITLE _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ - - - - - - - - -
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of Income, ownership, and property insurance.
CITY OF MUSKEGON
PINE ST., APPLE AVE. TO WESTERN AVE. H-1612
CDBG APPLICATION FOR WAIYER OF SPECIAL ASSESSMENT
•·····•!'fo(~;?!r~ilm,·•·· :•ilftij~~iv~it~:"ll,!fijli!li4'#.ij~'ft:i!tl~~~,wm:¢i;tti~~~;:ijli!imit''.'''i:!i?f'llf.fi11fk1!~!IB!'.: . '::~~tiNi!f'
1
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment
for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2007, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2007
FAMILY SIZE INCOME LIMIT
l $28,210
2 32,240
3 36,270
4 40,365
5 43,550
6 46,800
7 49,985
8 53,235
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document
showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and-retum it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a,m, and 5:00 p.m.
The City reserves the right to verify all application i,iformation. If current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient
documentation. The City must complete the sidewalks. Costs incurredJi-om repairs done by you or a private contractor will not be reimbursed.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
RETURN THIS CARD BY: January 22, 2008
Project Title: . PINE ST., APPLE AVE. TO WESTERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address 6n the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS ~STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: xx.xx Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,880.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1-5 INCL & LOTS 24-25 BLK 175 SUBJ TO SEWER EASEMENTS OF RECORD
CEZ CERT# 97-0001 BEG 12-30-1998 END 12-30-2003 ROLL BEG 1999 END 2003 24-931-097-0001-00
Your vote COUNTS!
I AM IN FAVOR .
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
□ I AM OPPOSED □
Owner
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT H-1612
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE;
1 MUSKEGON CONSTRUCTION ASSESSABLE FEET: 90.00
24-205-175-0001-00 · 111 W WESTERN AVE COST PER FOOT: $32.00
@ 111 W WESTERN AV MUSKEGON Ml 49442 ESTIMATED P,O, COST: I $2,880.00 1
2 MCDERMOTT WM/DENISE ASSESSABLE FEET: 66.00
24-205-175-0021-00 2278 SOUTHWOOD COST PER FOOT: $32,00
@ 777 PINE ST MUSKEGON Ml 49441 ESTIMATED P,O, COST: I $2,112.00 1
3 VERIZON INC ASSESSABLE FEET: 22.00
24-205-176-0001-10 P O BOX 152206 COST PER FOOT: $32.00
@ 85 PINE ST IRVING TX 75015 ESTIMATED P.O. COST: ~I-~$~7_04_,0_0~I
4 VERIZON INC ASSESSABLE FEET: 154.00
24-205-176-0017-00 P O BOX 152206 COST PER FOOT: $32.00
@ 805 PINE ST IRVING TX 75015 ESTIMATED P.O. COST: I $4,928.oo 1
5 APPELT KENNETH ASSESSABLE FEET: 47,00
24-205-176-0015-00 PO BOX 1212 COST PER FOOT: $32,00
@ 813 PINE ST MUSKEGON Ml 49443 ESTIMATED P,O, COST: I $1,504.00 1
6 APPELT KENNETH ASSESSABLE FEET: 20.00
24-205-176-0012-00 PO BOX 1212 COST PER FOOT: $32.00
@ 66 W WEBSTER AVE MUSKEGON Ml 49443 ESTIMATED P.O, COST: ~I_ _$_6_40_,0_0~I
1/1512008 Page 1 of6
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE.
7 APPELT KENNETH ASSESSABLE FEET: 21.00
24-205-176-0013-00 PO BOX 1212 COST PER FOOT: $32.00
@ 821 PINE ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: ._I_ _$_6_72_.0_0_,I
8 FETH KE EUGENE A ASSESSABLE FEET: 40.00
24-205-187-0001-00 71 W WEBSTER AVE COST PER FOOT: $32.00
@ 833 PINE ST MUSKEGON Ml 49440 ESTIMATED P.O; COST: I $1,280.00 1
9 GILL WILLIAM T JR ASSESSABLE FEET: 40.00
24-205-187-0003-00 PO BOX344 COST PER FOOT: $32.00
@ 839 PINE ST MUSKEGON Ml 49443-034 ESTIMATED P.O. COST: I $1,280.00 1
10 GILL WILLIAM T JR ASSESSABLE FEET: 32.00
24-205-187-0005-00 PO BOX 344 COST PER FOOT: $32.00
@ 845 PINE ST 'MUSKEGON Ml 49443-034 ESTIMATED P.o: cosT: I $1,024.00 1
11 GILL WILLIAM T JR ASSESSABLE FEET: 28.00
24-205-187-0006-00 PO BOX 344 COST PER FOOT: $32.00
@ 849 PINE ST MUSKEGON Ml 49443-034 ESTIMATED P.O. COST: L - 1_ _;$c_8_96_.0_0_,I
12 20 W MUSKEGON LLC ASSESSABLE FEET: 140.00
24-205-187-0018-00 400 S STATE ST STE 150 COST PER FOOT: $32.00
@ 20 W MUSKEGON AV ZEELAND Ml 49464 ESTIMATED P.O. COST: I $4,480.00 1
13 CITY OF MUSKEGON ASSESSABLE FEET: 74.00
24-205-188-0001-00 PO BOX 536 COST PER FOOT: $32.00
@ 881 PINE ST MUSKEGON Ml 49443-053 ESTIMATED P.O. COST: I $2,368.oo 1
1/15/2008 Page 2 of6
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE ..
14 B K MUSKEGON PROPERTIES L ASSESSABLE FEET: 66.00
24-205-188-0004-00 4220 EDISON LAKES PKWY COST PER FOOT: $32.00
@ 928 TERRACE ST MISHAWAKA IN 46545 ESTIMATED P.O. COST: I $2,112.00 1
15 ALLEN ANN M ASSESSABLE FEET: 70.00
24-205-188-0015-00 12120 BLUE WAY AVE COST PER FOOT: $32.00
@ 913 PINE ST OKLAHOMA CIT OK 73162-059 ESTIMATED P.O. COST: I $2,240.00 1
16 . COUNTY OF MUSKEGON ASSESSABLE FEET: 469.00
24-205-218-0001-00 990 TERRACE ST COST PER FOOT: $32.00
@ 990 TERRACE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1s,oos.oo 1
17 BOLEN DAVID L ASSESSABLE FEET: 72.50
24-205-17 4-0004-00 · PO BOX 113 COST PER FOOT: $32.00
@ 750 PINE ST ROTHBURY Ml 49452-011 ESTIMATED P.O. COST: i $2,320.00 1
18 WITT LEEA ASSESSABLE FEET: 32.00
24-205-174-0008-00 1501 RUDDIMAN DR COST PER FOOT: $32.00
@ 772 PINE ST .MUSKEGON Ml 49445 ESTIMATED P.O: COST: I $1,024.00 1
19 WITT LEEA ASSESSABLE FEET: 100.00
24-205-174-0009-00 1501 RUDDIMAN DR COST PER FOOT: $32.00
@ 28 E CLAY AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $3,200.00 1
20 PERRI ALFRED J TRUST ASSESSABLE FEET: 132.00
24-205-177-0005-00 PO BOX 301 COST PER FOOT: $32.00
@ 794 PINE ST MUSKEGON Ml 49443-030 ESTIMATED P.O. COST: I $4,224.00 1
1/15/2008 Page 3 of 6
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE.
21 NW MILL REAL ESTATE LLC ASSESSABLE FEET: 132.00
24-205-177-0007-00 820 PINE ST COST PER FOOT: $32.00
@ 820 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $4,224.00 1
22 LAKESIDE INVESTMENTS LLC ASSESSABLE FEET: 22.00
24-205-186-0006-00 115 MAPLE LEAF LN COST PER FOOT: $32.00
@ 830 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. cosT: ~I_ _$_7_04_.o_o~I
23 . GILL WILLIAM T JR ASSESSABLE FEET: 44.00
24-205-186-0007-00 PO BOX 344 COST PER FOOT: $32.00
@ 840 PINE ST MUSKEGON Ml 49443-034 ESTIMATED P.O. COST: I $1,4os.oo 1
24 J & K PROPERTIES OF W Ml INC ASSESSABLE FEET: 154.00
24-205-186-0009-00 ·PO BOX439 COST PER FOOT: $32.00
@ 860 PINE ST TWIN LAKE Ml 49457 ESTIMATED P.O. COST: I $4,928.oo 1
25 LI MACH LLC ASSESSABLE FEET: 60.00
24-205-186-0015-00 2652 E BARD RD COST PER FOOT: $32.00
@ 866 PINE ST . MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,920.00 I
26 LI MACH LLC ASSESSABLE FEET: 20.00
24-205-186-0018-00 2652 E BARD RD COST PER FOOT: $32.00
@ 870 PINE ST MUSKEGON Ml 49445 ESTIMATED P.O. cosT: ~I_ _$_6_40_.o_o~I
27 ADMIRAL PETROLEUM CO ASSESSABLE FEET: 110.00
24-205-189-0005-00 13 RANDALL ST COST PER FOOT: $32.00
@ 11 E MUSKEGON AVE COOPERSVILLE Ml 49404 ESTIMATED P.O. COST: I $3,520.00 1
1/15/2008 Page 4 of6
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE.
28 LEATH FURNITURE INC ASSESSABLE FEET: 30.00
24-205-189-0010-00 4370 PEACHTREE RD NE COST PER FOOT: $32.00
@ 896 PINE ST ATLANTA GA 30319 ESTIMATED P.O. cosT: LI_ _$;_9_6o_._oo_JI
29 SEN PEEVO LLC ASSESSABLE FEET: 70.00
24-205-189-0011-00 PO BOX 1681 COST PER FOOT: $32.00
@ 902 PINE ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,240.00 1
30 COUNTY OF MUSKEGON ASSESSABLE FEET: 300.00
24-205-217-0001-00 990 TERRACE ST COST PER FOOT: $32.00
@930 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $9,600.00 1
31 STRANDBERG CLARE J ASSESSABLE FEET: 46.00
24-205-216-0001-00 41 E APPLE AVE COST PER FOOT: $32.00
@ 974 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,472.00 1
32 OPPORTUNITY PROPERTIES LL ASSESSABLE FEET: 44.00
24-205-216-0003-00 978 PINE ST COST PER FOOT: $32.00
@ 978 PINE ST . MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,408.00 1
33 DAHLQUIST RANDY ASSESSABLE FEET: 22.00
24-205-216-0005-00 961 SPRING ST COST PER FOOT: $32.00
@ 984 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. cosT: l'---_$:....7_04_.o_o_,I
34 DEPUNG PROPERTIES LLC ASSESSABLE FEET: 42.00
24-205-216-0006-00 990 PINE ST COST PER FOOT: $32.00
@ 990 PINE ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,344.oo 1
1/15/2008 Page 5 of 6
RECONSTRUCTION HEARING DATE January 22, 2008
PINE ST., APPLE AVE. TO WESTERN AVE.
35 SUNSET GLOBAL INVESTMENT ASSESSABLE FEET: 41.50
24-205-216-0008-00 3130 GLADE ST#A COST PER FOOT: $32.00
@ 994 PINE ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,32s.oo 1
SUM OF ASSESSABLE FOOTAGE 2853.00 PROJECT LENGTH: 1995 FEET
TOTAL NUMBER OF ASSESSABLE PARCELS 35 ROADWAY RIGHT-OF-WAY LENGTH: 3990 FEET
ESTIMATED PROJECT COST: $325,000.00
SUM OF EST. PROP.OWN. COSTS:! $91,296.00 !
1/1512008 Page 6 of 6
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By January 22, 2008
Project Title: PINE ST. , APPLE AVE. TO WESTERN AVE.
RECONSTRUCTION (WATER AND SEWER FACILITIES WILL BE
Project Description:
REPLACED AT NO COST TO OWNERS)
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing . Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 833 PINE ST
Parcel Number 24-205-187-0001-00 RECEIVED
Assessable Frontage: 40 Feet
·JAN l 1 2008
Estimated Front Foot Cost: $32 .00 per Foot
City Clerks Office
ESTIMATED TOTAL COST $1,280.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1-2 BLK 187
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED P<.I
!
8
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By January 22, 2008
Project Title: PINE ST. , APPLE AVE. TO WESTERN AVE.
RECONSTRUCTION (WATER AND SEWER FACILITIES WILL BE
Project Description:
REPLACED AT NO COST TO OWNERS)
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing . Be sure to seal the form with a small piece of tape or staple prior to mailing . IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 830 PINE ST
Parcel Number 24-205-186-0006-00
Assessable Frontage: 22 Feet
RECEIVED
Estimated Front Foot Cost: $32.00 per Foot
JAN 1 ~ 2008
ESTIMATED TOTAL COST $704.00
City Clerks Office
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 186
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
. I AM IN FAVOR
\rl
w .\ \,. P' I AM OPPOSED □
. UVvl•~ i~L ·
L- \ . 4,;.Jl"
ift-J\ ~ if\, e,)
Owner
Signature
,~---~
✓.
CoOwner/Spouse
Signature
------------
Address · ({, ~ v Address
22
Thank you for taking the time to vote on th is important issue.
)lL.e P I' I\Pl"Ov,~1 <'I I AM OPPOSED □
! I- J
Owner T____ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
.....(..;0.;..~"J-'-r-'")-i.;(G,..·1-''-'I:..:1
Signature Signature
Address I ("Jv
-I'' . ·1.· ,_I. .(' .. , ·1- \ I I . - -j;
! J 'I.J-,.:,
/ l11, ( I,,1rII1 JJ.,:.11( ;le tr,;,1, _,_yf}ddress I
•-7 ./Z-- -) . -,-· .
f,h-,,,L , Iv(. .
Thank you for taking the time to vote on this important issue. 19
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By January 22, 2008
Project Title: PINE ST., APPLE AVE. TO WESTERN AVE.
RECONSTRUCTION (WATER AND SEWER FACILITIES WILL BE
Project Description:
REPLACED AT NO COST TO OWNERS)
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 870 PINE ST
Parcel Number 24-205-186-0018-00
Assessable Frontage: 20 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $640.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 186 ALSO W 1/2 OF VAC ALLEY ADJ
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR □ I AM OPPOSED l)§, I
Owner \VDt/jt{_LJ trff5T7/){:f CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
...----, - .,;·· ~-•- ,~r·
Signature (, J "'::-':.a O. ,-··".<;, Signature
&:f;;