January 10, 2000

 

A regular meeting of the City Council was held on Monday, January 10, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Wazbinski presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:   Hollis McKeag, John Moolenaar, Marty Wazbinski

Councilmen absent:    Drummond Black (excused), John Coppage (excused)

 

Minutes

Approval of the minutes of the December 20, 1999 regular meeting was offered by Councilman Moolenaar and seconded by Councilman McKeag.  (Motion adopted.)

 

Bette R. Tollar Civic Commitment Award Presentation

Selina Tisdale, Community Relations Coordinator, introduced Howard Garrett, a member of the Midland Beautification Advisory Committee.  Mr. Garrett announced that the 1999 Bette R. Tollar Civic Commitment Award was presented to MidMichigan Medical Center-Midland in recognition of their efforts to blend the hospital campus facilities into 146 acres of natural landscape environment.  Thomas Lind, Vice President of the MidMichigan Medical Center, accepted the plaque from Mayor Pro Tem Wazbinski on behalf the Medical Center.

 

Grace A. Dow Memorial Library Budget Amendment

Debbie Mol, City Controller, presented information on an amendment to the 1999-2000 Grace A. Dow Memorial Library Fund budget.  A public hearing was opened at 7:11 p.m., no comments were made, the hearing closed at 7:12 p.m.  The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, January 10, 2000, on the proposal to amend the Grace A. Dow Library Fund 1999-2000 budget to provide funding for maintenance projects not completed in 1998/1999 and not included in the budget amendment on October 4, 1999 for June 30, 1999 encumbrances; now therefore

RESOLVED, that 1999/2000 fiscal year budget for the Grace A. Dow Library Fund is amended by increasing the appropriation in the building maintenance account (271-6027-791.93-02) by $38,800 in order to provide funding for necessary maintenance projects that were not completed in the 1998/1999 fiscal year and were not encumbered through the annual budget amendment made on October 4, 1999.  (Motion adopted.)

 

Dateppli, Inc. Industrial Development District

Diane Dryzga, City Assessor, presented information on a request from Roger Gohrband on behalf of Virginia H. Gohrband, to establish an Industrial Development District for Dateppli, Inc. for property located at E. Patrick and Ridgewood Drive.  A public hearing was opened at 7:14 p.m.  John Date, owner of Dateppli, Inc. and Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in favor of the establishment of an Industrial Development District for Dateppli, Inc.  Tom McCann, 3310 Jefferson, requested Council explain an Industrial Development District.  The hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, Roger Gohrband, on behalf of Virginia Gohrband, as owner of the property located at E. Patrick and Ridgewood Drive in the City of Midland, on November 18, 1999, requested it be designated an Industrial Development District with the proposed district being described as follows:

            Beginning 400 feet East of the Southwest corner of Section 13, T4N R2E, thence              North 653.4 feet, East 400 feet, South 653.4 feet, West 400 feet to Place of Beginning

; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on January 10, 2000, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Roger Gohrband, on behalf of Virginia H. Gohrband for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as Dateppli, Inc. Industrial Development District within the meaning of said Public Act 198.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Midland Emergency Management Ordinance

Jack Duso, Assistant City Manager, presented information on an ordinance that would adopt by reference the Emergency Management Act.  The following ordinance was then offered by Councilman McKeag and seconded by Councilman Moolenaar:

 

ORDINANCE NO. 1465

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN BY ADDING A NEW CHAPTER, WHICH NEW CHAPTER SHALL BE DESIGNATED AS CHAPTER 35 THEREOF.

The City of Midland Ordains:

Section 1.        Chapter 35 is hereby created to read as follows:

Sec. 35-1.  Adopted.

The Emergency Management Act (Public Act 390 of the Public Acts of the State of Michigan of 1976, as amended) is hereby adopted as the city emergency management ordinance and made a part of this chapter as if fully set out herein, except such portions as are amended or deleted by the provisions of this chapter.

Sec. 35-2.  Title.

This chapter shall be known and may be cited as the “City of Midland Emergency Management Ordinance.”

Sec. 35-3.  Purpose.

The purpose of this chapter is to provide for the planning, mitigation, preparedness, response and recovery from natural and human-made disasters within the City of Midland by being part of the County of Midland’s emergency management program; to appoint the county Director of Emergency Services as the City of Midland’s municipal emergency management coordinator; to provide a means for coordinating resources of the City with those of the County; to appoint an emergency management liaison to work with the emergency management coordinator; and to provide a means through which the City Council may exercise the authority and discharge the responsibilities vested in it by this ordinance and P.A. 390 of the Public Acts of the State of Michigan of 1976, as amended.

Sec. 35-4.  Definitions.

The terms used herein shall have the same meaning as given them in Public Act 390 of the Public Acts of the State of Michigan of 1976, as amended, or as hereinafter in this section provided unless the context clearly indicates to the contrary.  As used this chapter:

a)      Act means Public Act 390 of the Public Acts of the State of Michigan of 1976, as now in effect or hereinafter amended.

b)      Chief executive official means the city manager of the city.

c)      City or municipality means city of midland.

d)      Council or city council means the city council of the city.

e)      County means the county of midland.

f)        Department of emergency services means the county of midland department of emergency services.

g)      Disaster means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from a natural or human-made cause, including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders.

h)      Disaster relief force means all agencies of county and city government, private and volunteer personnel, public officers and employees, and all other persons or groups of persons identified in the midland county emergency operations plan as having duties to perform or those called into duty or working at the direction of a party identified in the plan to perform a specific disaster or emergency related task during a local state of emergency.

i)        District coordinator means the Michigan Department of State Police emergency management division district coordinator who serves as liaison between the department of emergency services and the Michigan Department of State Police, emergency management division in all matters pertaining to emergency and disaster situations.

j)        Emergency management liaison means the person designated by the council to assist the municipal emergency management coordinator in coordinating the emergency management activities within the city.

k)      Emergency management program means the program established to coordinate planning, mitigation, preparedness, response and recovery activities for emergency or disaster situations within a given geographic area made up of one or several political subdivisions.  Such a program has an appointed emergency management coordinator and meets the program standards and requirements as established by the Department of State Police, emergency management division.

l)        Emergency operations plan means the plan developed and maintained by the county for the purpose of responding to emergency or disaster situations by identifying and organizing the disaster relief force.

m)    Governor’s state of disaster means an executive order or proclamation by the governor that implements the emergency response and recovery aspects of the Michigan emergency management plan and applicable local plans of the county or city programs affected.

n)      Governor’s state of emergency means an executive order or proclamation by the governor that implements the emergency response and recovery aspects of the Michigan emergency management plan and applicable local plans of the county or city programs affected.

o)      Local state of emergency means a declaration that activates the response and recovery aspects of any and all applicable local or interjurisdictional emergency operations plans and authorizes the furnishing of aid, assistance, and directives under those plans.

p)      Municipal emergency management coordinator means the person designated by the council to coordinate all matters pertaining to emergency management within the city. 

Sec. 35-5.  Municipal Emergency Management Coordinator; Appointment.

The midland county director of emergency services is hereby appointed as the municipal emergency management coordinator for the city.  In addition to acting on behalf of, and at the direction of, the chairman of the county board of commissioners, the municipal emergency management coordinator shall also act on behalf of, and at the direction of, the city manager.

Sec. 35-6.  Municipal Emergency Management Coordinator; Duties.

The municipal emergency management coordinator shall comply with the standards and requirements as established by the department of State Police, emergency management division, under the authority of the act, in accomplishing the following:

a)      Direct and coordinate the development of the midland county emergency operations plan.

b)      Specify departments or agencies which must provide an annex to the plan or otherwise cooperate in its development.

c)      Identify departments and agencies to be included in the midland county emergency operations plan as part of the disaster relief force.

d)      Develop and maintain data on available resources.

e)      Coordinate the recruitment, appointment, and utilization of volunteer personnel.

f)        Assure the emergency management program meets eligibility requirements for state and federal aid.

g)      Coordinate and/or conduct training and exercise programs for the disaster relief force within the county and test the adequacy of the emergency operations plan.

h)      Through public information programs, educate the population of the city of actions necessary for the protection of life and property in an emergency or disaster.

i)        Assist in the development of mutual aid agreements.

j)        Assist the city in the development of standard operating procedures which are consistent with the emergency operations plan.

k)      Oversee the implementation of all functions necessary during an emergency or disaster in accordance with the emergency operations plan.

l)        Coordinate emergency management activities with all municipalities in midland county, surrounding counties and municipalities, and the state.

m)    Coordinate all preparedness activities including establishing and maintaining an emergency coordinating center as necessary.

n)      Identify mitigation opportunities within the county and encourage departments/agencies to implement mitigation measures.

Sec. 35-7.  Emergency Management Liaison; Appointment, Duties.

The city manager, or his designee, shall perform the duties of the emergency management liaison for the purpose of assisting the municipal emergency management coordinator in coordinating the emergency management activities within the city.  The city manager shall appoint a minimum of two city employees as successors to the position of the city liaison, the names of which along with the line of succession shall be provided to the municipal emergency management coordinator.  The duties of the liaison are as follows:

a)      Coordinate municipal emergency management activities with those of the county and adjacent jurisdictions.

b)      Assist the municipal emergency management coordinator in the development of the emergency operations plan and the incorporation of city resources in the plan.

c)      Identify city resources and agencies to be included in the emergency operations plan as part of the disaster relief force.

d)      Identify city resources and forward information to the municipal emergency management coordinator.

e)      Coordinate the recruitment, appointment, and utilization of volunteer resources within the city.

f)        Assist the municipal emergency management coordinator with administering training programs.

g)      Coordinate city participation in exercises conducted by the county.

h)      Assist in the development of mutual aid agreements.

i)        Assist in educating the population of the city of actions necessary for the protection of life and property in an emergency or disaster.

j)        Identify and collect damage assessment information within the city and forward to the county.

k)      Develop standard operating procedures for disaster response that are consistent with the emergency operations plan.

Sec. 35-8.  Review of Emergency Operations Plan and Municipal Emergency Management Coordinator.

The city manager shall review effectiveness of the midland county emergency operations plan as the plan relates to the city at least once every four years.  He shall make recommendations to the municipal emergency management coordinator of any changes that may be needed.  After this review and incorporation of necessary changes, the city council shall certify the plan to be current and adequate for the City of Midland.

On an annual basis, the city manager shall review the eligibility and performance of the municipal emergency management coordinator and make recommendations to the city council as necessary.

Sec. 35-9.  Declaration of Local State of Emergency.

When circumstances within the city indicate that the occurrence or threat of occurrence of widespread or severe damage, injury or loss of life or property from natural or human-made cause exists, the city manager may declare a local state of emergency.  Such a declaration shall be promptly filed with the midland county department of emergency services, which shall forward it to the Department of State Police, emergency management division.  If a state of disaster or emergency is declared by the Governor, the city manager shall assign and make available for duty the employees, property, or equipment of the City of Midland within or without the physical limits of the City of Midland as ordered by the Governor or the Director of the Michigan Department of State Police in accordance with the Act.

Section 2.  This ordinance shall become effective upon publication.  (Ordinance adopted.)

 

Site Plan No. 187

James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 187 for a 6,083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road.  Terry McTaggert, President of Forward Corporation and Cindy Winland of Crescent Consulting, presented a revised site plan to Council and requested approval of the revised site plan.  Tom McCann, 3310 Jefferson, spoke in support of the site plan.  Nancy Mieske, 1506 Iowa, voiced her concerns regarding the entrance/exit on Walsh Drive.  The attorney for the Forward Corporation suggested Council postpone action on Site Plan No. 187.   The resolution to approve Site Plan No. 187 was offered by Councilman McKeag and seconded by Councilman Moolenaar.  After Council discussion, the following resolution to postpone action on Site Plan No. 187 was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

RESOLVED, that action on Site Plan No. 187 for a 6,083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road is hereby postponed until January 31, 2000.  (Motion adopted.)

 

2000-2001 Budget Issues and Budget Process

Robert Fisher, Director of Fiscal Services, gave a presentation on 2000-2001 proposed Budget Schedule and Priorities.

 

Planning Commission Appointment

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

RESOLVED, that Joseph Slicker is hereby appointed as a citizen at large member to fill an unexpired term on the Planning Commission, said term to expire June 30, 2000.  (Motion adopted.)

 

Cable Communications Franchise Agreement

Jack Duso, Assistant City Manager, presented information regarding the transfer of control of Bresnan Telecommunications Company, LLC to Charter Communications Holding Company.  Bernard Rabine, Business Manager for Bresnan Telecommunications Company, LLC, spoke in support of the approval of the transfer.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, pursuant to the City of Midland Cable Communications Procedure Ordinance, Article V, Division 1 of the City of Midland Code of Ordinances, the City of Midland (“City”) granted a franchise to own, operate and maintain a cable television system to Gerity Cablevision, a division of Gerity Broadcasting Company (“Gerity”), such franchise being embodied in a Cable Communications Franchise Agreement by and between Gerity Cablevision, a division of Gerity Broadcasting Company and the City of Midland, Michigan, dated January 30, 1984 (such franchise agreement, as thereafter and hereafter amended or extended, being referred to herein as the “Franchise”); and

WHEREAS, on November 17, 1986, Bresnan Communications Company Limited Partnership (“BCCLP”) assumed Gerity’s obligations and agreed to be bound by the Franchise; and

WHEREAS, the Franchise provides that the franchise holder may not assign or transfer the Franchise, or its rights or interests thereunder, nor may control of the franchise holder be transferred, without the prior written authorization of the City Council (BCCLP and any lawful successor franchise holder being hereafter collectively referred to as the “Grantee”); and

WHEREAS, by a resolution adopted by the City Council on December 21, 1998, the City Council consented, subject to certain conditions, to the transfer of Grantee’s cable system and the Franchise from BCCLP to Bresnan Telecommunications Company, LLC (“BTC”); and

WHEREAS, by a resolution adopted by the City Council on January 11, 1999, the City Council consented, subject to certain conditions, to the transfer of control of Grantee and Grantee’s cable system to AT&T Corp.; and

WHEREAS, pursuant to the transactions contemplated by the Purchase and Contribution Agreement, dated as of June 29, 1999, among BCI (USA), LLC, William J. Bresnan, Blackstone BC Capital Partners, L.P., Blackstone BC Offshore Capital Partners, L.P., Blackstone Family Investment Partnership III L.P., TCI Bresnan LLC, TCID of Michigan, Inc., and Charter Communications Holding Company, LLC (“Agreement”), Charter Communications Holding Company, LLC (“Charter”) will acquire BCCLP and acquire control of BTC, the current Grantee of the Franchise; and

WHEREAS, on or about September 20, 1999, BTC and Charter submitted to the City an application requesting the City’s consent to the transfer of control of Grantee to Charter that would be effected by consummation of the Agreement (the “Application”); and

WHEREAS, the City has reviewed and relied upon the Application, as well as all relevant documents, staff reports, public comments and recommendations, and the representations of Grantee and Charter concerning the proposed transfer of control of Grantee to Charter; and

WHEREAS, the City has determined that consent to the transfer of control of BTC to Charter is in the public interest, provided that Charter is willing to accept certain terms and conditions relating thereto, such terms and conditions being set forth below and in an Acknowledgement of the Franchise by Charter Communications Holding Company, LLC, attached hereto as Exhibit A (such acknowledgement being hereafter referred to as the “Franchise Acknowledgement”); and

WHEREAS, Charter has agreed to accept such terms and conditions and to execute the Franchise Acknowledgement as specified herein; now therefore

RESOLVED, that pursuant to the Franchise, the City’s consent to the transfer of control of BTC to Charter is hereby GRANTED, subject to the following conditions:

(a)        The transfer of control of BTC to Charter shall be consummated within one hundred eighty (180) days of the date that this resolution is adopted and on the terms and conditions set forth in the Application.

(b)        The City’s consent to the transfer of control of BTC to Charter shall not constitute a waiver or release of any of the rights or claims of the City under the Franchise, whether arising before or after the date of the consummation of the transfer of control of BTC to Charter.

(c)        Neither the Franchise nor Grantee’s cable system, nor any part of the system in City streets, shall be assigned or transferred, in whole or in part, to Charter or any subsidiary or affiliate of Charter other than BTC without filing a prior written application to the City and obtaining the City’s prior written consent to such assignment or transfer.

(d)        Within thirty (30) days of the consummation of the transfer of control of BTC to Charter, Charter shall file with the City a Franchise Acknowledgement in the form attached hereto as Exhibit A, executed by Charter and certified and sworn to as the legally binding act of Charter; and

RESOLVED FURTHER, that if any of the conditions specified above are not satisfied, then the City’s consent to the transfer of control of BTC to Charter is DENIED; and

RESOLVED FURTHER, that any material misrepresentation in the Application shall constitute a material violation of the Franchise, subject to all of the remedies available to the City under the Franchise; and

RESOLVED FURTHER, that this Resolution shall not be construed to grant or imply the City’s consent to any other future transfer or transaction that may require the City’s consent under the Franchise or applicable federal, state, or local law, including, without limitation, any transfer of the system or any part of the system to Charter or to any subsidiary or affiliate of Charter other than BTC.  The City reserves all its rights with regard to any such future transactions.  (Motion adopted.)

 

Water Supply System Refunding Revenue Bonds, Series 2000

Robert Fisher, Director of Fiscal Services, presented information on a resolution that would authorize January 19, 2000, as the date of sale of Water Supply System Refunding Revenue Bonds, Series 2000.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland, Counties of Bay and Midland, State of Michigan (the “Issuer”), has by an Ordinance No. 1462 duly adopted on December 6, 1999, authorized the issuance and sale of not to exceed Thirteen Million Dollars ($13,000,000) principal amount of the Issuer’s Water Supply System Refunding Revenue Bonds, Series 2000 (the “Bonds”);

NOW, THEREFORE, BE IT RESOLVED THAT:

1.    The Bonds be and hereby authorized to be offered for sale on January 19, 2000 at 11:30 a.m.

2.    The Issuer’s Clerk shall cause a Notice of Sale of the Bonds to be published in either the Detroit Legal News, published in Detroit, Michigan, or in the Bond Buyer, published in New York, New York, at least fourteen (14) full days before the date fixed for sale.

3.    The Notice of Sale of the Bonds shall be in substantially the following form:

OFFICIAL NOTICE OF SALE

$12,190,000

CITY OF MIDLAND

COUNTIES OF BAY AND MIDLAND, STATE OF MICHIGAN

WATER SUPPLY SYSTEM REFUNDING REVENUE BONDS

Series 2000

SEALED BIDS  for the purchase of the above bonds will be received by the undersigned at the office of the City Clerk located at 333 W. Elizabeth St., Midland, Michigan 48641-1647, on Wednesday, the 19th day of January, 2000, until 11:30 o’clock a.m., Eastern Standard Time, at which time and place said bids will be publicly opened and read.  Sealed bids for the purchase of the above bonds will also be received until the same time on the same date at the Municipal Advisory Council of Michigan, 1445 First National Building, Detroit, Michigan 48226, at which time and place said bids will be simultaneously opened and read.  The bonds will be awarded or rejected on that date.

BOND DETAILS:  The bonds will be issued in fully-registered form, of the denomination of $5,000 or multiples thereof not exceeding for each maturity the aggregate principal amount of that maturity, dated February 1, 2000, numbered in order of registration, and will bear interest from their date payable on October 1, 2000, and semiannually thereafter.

The bonds will mature on the 1st day of April of the years as follows:

2001

$1,105,000

2002

1,260,000

2003

1,325,000

2004

1,390,000

2005

1,335,000

2006

1,155,000

2007

1,155,000

2008

1,155,000

2009

1,155,000

2010

1,155,000

THE ISSUER RESERVES THE RIGHT AFTER BIDS ARE RECEIVED TO REDUCE THE PAR AMOUNT OF THE BONDS BY NOT MORE THAN $50,000 AND TO ADJUST EACH MATURITY BY NOT MORE THAN $10,000.

PRIOR REDEMPTION:  The Bonds of this issue are not subject to redemption prior to maturity. 

INTEREST RATE AND BIDDING DETAILS:  The bonds shall bear interest at a rate or rates not exceeding 7% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both.  The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate.  The difference between the highest and lowest interest rate on the bonds shall not exceed one and one half percent (1½%) per annum.  The interest rate borne by bonds shall be equal to or greater than the interest rate borne by bonds maturing in the preceding year.  No proposal for the purchase of less than all of the bonds or at a price other  than 99.25% of their par value will be considered.

BOOK-ENTRY ONLY:  The bonds will be issued in book-entry only form as one fully registered bond per maturity and will be registered in the name of Cede & Co., as bondholder and nominee for The Depository Trust Company (“DTC”), New York, New York.  DTC will act as securities depository for the bonds.  Purchase of the bonds will be made in book-entry-only form, in the denomination of $5,000 or any multiple thereof.  Purchasers will not receive certificate representing their interest in bonds purchased.  The book-entry-only system is described further in the preliminary official statement for the bonds.

TRANSFER AGENT AND REGISTRATION:  Principal and interest shall be payable at the principal corporate trust office of Bank One Trust Company, N.A., Detroit, Michigan, or such other transfer agent as the City of Midland (the “Issuer” or “City”) may thereafter designate by notice mailed to the registered owners of the bonds not less than 60 days prior to any interest payment date.  Interest shall be paid by check or draft mailed to the registered owners of the bonds as shown by the registration books of the Issuer on the 15th day of the month preceding the interest payment date.  The bonds will be transferable only upon the registration books of the Issuer kept by the transfer agent.

PURPOSE AND SECURITY:  The bonds are issued under the provisions of Act 94, Public Acts of Michigan, 1933, as amended, and Ordinance No. 1462 of the Issuer, for the purpose of defraying the cost of refunding the Bonds.  The Bonds are payable solely from the net revenues of the City’s Water Supply System (the “System”) and any additions thereto, and a statutory first lien on said revenues has been established by said Ordinance.  The bonds do not constitute a general obligation of the City.  The Issuer has covenanted and agreed to fix and maintain at all times while any of such bonds shall be outstanding such rates for service furnished by the System as shall be sufficient to provide for payment of the necessary expenses of operation, maintenance and administration of the System, of the principal and interest on all of said bonds when due, to create and maintain a bond reserve account therefor, and to provide for such other expenditures and funds for the System as are required by said Ordinance.

The rights or remedies of bondholders may be affected by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors’ rights generally now existing or hereafter enacted and by the application of general principles of equity including those relating to equitable subordination.

ADDITIONAL BONDS:  For the terms upon which additional bonds of equal standing with the bonds of this issue as to revenues of the System may be issued reference is made to the above described Ordinances.

GOOD FAITH:  A certified or cashier’s check drawn upon an incorporated bank or trust company or a financial surety bond, in the amount of $121,900 and payable to the order of the Treasurer of the Issuer, must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds.  If a check is used, it must accompany each bid.  If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Michigan and such Bonds must be submitted to the Issuer’s financial advisor prior to the opening of the bids.  The financial surety bond must identify each bidder whose good faith deposit is guaranteed by such financial surety bond.  If the bonds are awarded to a bidder utilized a financial surety bond, then that purchaser (the “Purchaser”) is required to submit its good faith deposit to the Issuer or its financial advisor in the form of a cashier’s check (or wire transfer such amount) as instructed by the Issuer or its financial advisor in the form of a cashier’s check not later than Noon, Eastern Standard Time, on the next business day following the award.  If such good faith deposit is not received by that time, the financial surety bond may be drawn by the Issuer to satisfy the good faith deposit requirement.  The good faith deposit will be applied to the purchase price of the bonds.  In the event the Purchaser fails to honor its accepted bid, the good faith deposit will be retained by the Issuer.  No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned.  The good faith check of the successful bidder may be deposited immediately by the Issuer and payment for the balance of the purchaser price of the bonds shall be made at the closing.

AWARD OF BONDS:  The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from February, 2000, to their maturity and deducting therefrom any premium or adding thereto any discount.

LEGAL OPINION:  Bids shall be conditioned upon the approving opinion of Miller, Canfield, Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof.  The fees of Miller, Canfield, Paddock and Stone, P.L.C. for services rendered in connection with such approving opinion are expected to be paid from bond proceeds.  Except to the extent necessary to issue their approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone, P.L.C. has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials.

DELIVERY OF BONDS:  The Issuer will furnish bonds ready for execution at its expense.  Bonds will be delivered without expense to the purchaser at Detroit, Michigan or such other location as may be mutually acceptable to the Issuer and the purchaser.  The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds.  If the bonds are not tendered for delivery by twelve o’clock noon, Eastern Standard Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the Issuer shall promptly return the good faith deposit.  Payment for the bonds shall be made in immediately available funds.  Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery.  Unless the purchaser furnishes the transfer agent with a list giving the denominations and names in which it wishes to have the certificates issued at least 5 business days prior to delivery of the bonds, the bonds will be delivered in the form of a single certificate for each maturity registered in the name of the purchaser.

TAX EXEMPTION:  In the opinion of bond counsel, the bonds will be exempt from taxation in the State of Michigan and from federal income tax subject, in both cases, to certain exceptions described in bond counsel’s opinion.

CUSIP NUMBERS:  CUSIP identification numbers will be printed on the bonds, but neither the failure to print the numbers nor any error with respect thereto shall constitute cause for refusal by the purchaser to accept delivery of the bonds.  All expenses in relation to the printing of CUSIP numbers shall be paid for by the Issuer except that the CUSIP Service Bureau charge for the assignment of numbers shall be the responsibility of and paid for by the purchaser.

OFFICIAL STATEMENT:  A copy of the Official Statement may be obtained by contacting Stauder, Barch & Associates, Inc., financial consultant to the City, 3989 Research Park Drive, Ann Arbor, Michigan 48108, telephone 734-668-6688.  The Official Statement is in a form deemed final as of its date by the City for purposes of SEC Rule 15c2-12(b)1, but is subject to revision, amendment and completion of a final Official Statement.  The successful bidder shall supply to the City, within twenty-four hours after the award of the bonds, all pricing information and any underwriter identification determined by the City to be necessary to complete the Official Statement.

The City will furnish to the successful bidder, at no cost, a reasonable number of copies of the final Official Statement within seven business days after the award of the bonds.  Additional copies will be supplied upon the bidder’s agreement to pay the cost of the City for those additional copies.

The City shall deliver, at closing, an executed certificate to the effect that as of the date of delivery the information contained in the Official Statement, including revisions, amendments and completions as necessary, relating to the City and the bonds is true and correct in all material respects, and that such Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

CONTINUING DISCLOSURE:  As described more fully in the Official Statement, the Issuer will agree to provide or cause to be provided, in accordance with the requirements of Rule 15c2‑12 (the “Rule”) promulgated by the Securities and Exchange Commission, (i) on or prior to the last day of the sixth month after the end of the fiscal year of the Issuer, commencing with the fiscal year ended June 30, 2000, certain annual financial information and operating data, including audited financial statements for the preceding fiscal year, (or if audited financial statements are not available, unaudited financial statements) generally consistent with the information contained or cross-referenced in the Official Statement relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect to the Bonds and (iii) timely notice of a failure by the Issuer to provide the required annual financial information on or before the date specified in (i) above. 

INSURANCE COMMITMENT:  Ambac Assurance Corporation (“Ambac”) has issued a commitment for municipal bond insurance relating to the Bonds.  All bids may be conditioned upon the issuance effective as of the date on which the Bonds are issued of a policy of insurance by Ambac insuring the payment when due of the principal of and interest on the Bonds.  Each bond will bear a legend referring to the insurance.

 CERTIFICATION:  The successful bidder will be required to furnish, prior to the delivery of the bonds, a certificate in a form acceptable to bond counsel as to the “issue price” of the bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986, as amended.

FINANCIAL CONSULTANT:  Additional information may be obtained from Stauder, Barch & Associates, Inc., financial consultant to the City at the above address and telephone.

 

 

 

THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.

ENVELOPES  containing the bids should be plainly marked “Proposal for Water Revenue Bonds”.

Penny Kovacevich, City Clerk

City of Midland

4.    The City Council shall meet in special session on January 19, 2000 at 5:00 o’clock p.m. to consider bids received for the Bonds and, subject to the provisions and limitations of this resolution and Ordinance No. 1462, to award the sale of the Bonds to the bidder whose bid produces the lowest interest cost computed in compliance with the terms of the Notice of Sale contained in this resolution (the “Notice of Sale”), which bid shall comply with the requirements for bids specified in the Notice of Sale and shall be within the limitations contained in the Notice of Sale.

5.    All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

(Motion adopted.)

 

Final Plat of City Forest Estates No. 1

James Schroeder, Director of Planning and Community Development, presented information on the Final Plat of City Forest Estates No. 1.  The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, the Final Plat of City Forest Estates No. 1 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of City Forest Estates No. 1, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said record plat on behalf of the City.  (Motion adopted.)

 

Stone Ridge South No. 2 – Extension of Time for Completion of Sidewalk

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, a written request has been received from Stone Ridge Enterprises, proprietor of Stone Ridge South No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Stone Ridge South No. 2 until November 15, 2002, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 10, 2000, the City will cause the completion of the sidewalk through the special assessment process.  (Motion adopted.)

 

Application to DNR for Release of the Reverter Restriction on Certain Parcels of Property

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, Act 223, P.A. 1909, as last amended by Act 451, P.A. 1994, provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes; and

WHEREAS, the City of Midland acquired the following parcels for public purposes, and when they cease to be used for public purposes, they shall revert to the State of Michigan:

1.        Lots 41 and 42, Assessor’s Plat of the Fourth Ward, City of Midland.

2.        Lot 84, Assessor’s Plat of the Fourth Ward, City of Midland.

3.        Lot 2, Block 13, Dow Chemical Company’s Addition, City of Midland.

4.        Lots 5, 6, and 7, Block 10, North and West of M.C.R.R., City of Midland.

5.        Fractional Lot 6, Block 3, Richard and Mustard’s Addition, City of Midland.

6.        The Southwest 1 foot of the Northeast 21 feet of Lots 5 and 6, Block 12, City of Midland.

7.        Lots 1, 2, 9, and 10, Block 6, Baker and Moss Addition, City of Midland.

8.        Beginning at the South corner of Block 13, thence Southwest 240 feet, Northwest 120 feet, Northeast 240 feet, Southeast 120 feet to beginning, Dow Chemical Company’s Addition, City of Midland.

9.        Lots 1, 2, 3, 7, and 8, Block 2; Lots 3, 4, and 5, Block 3; Block 8, and Lot C, Sias Second Addition, City of Midland.

10.       A piece of land commencing at the Tittabawassee River on Benson Street; thence Southwesterly along said street to a point 60 feet Northeast of Lot 1; thence at right angles to said street in a Northwesterly direction 70 feet; thence in a Southwesterly direction parallel with said street 60 feet to Lot 1; thence along the Northeast side of Lot 1 to the Northeast corner of said lot; thence Southwesterly along the Northwesterly side of Lot 1 to Lot 2; thence Northwesterly to a point on the South bank of the Tittabawassee River where the Northeast extended line of Lots 3 and 4 would intersect said bank of said river; thence Easterly along the Southerly bank of said river to the place of beginning, Sias Addition, City of Midland.

11.       The Northwest Quarter of the Southeast Quarter of Section 17, beginning 253 feet Southwest of the center line of Tittabawassee Street extended and on Isabella State Road, thence Northeast at right angles to the Tittabawassee River, Westerly 40 feet, Southeasterly to said State Road, Northeast 40 feet to beginning, T14N, R2E, City of Midland; now therefore

RESOLVED, that the City of Midland is authorized to make application to the State of Michigan Department of Natural Resources, Land and Mineral Services Division, for release of the reverter restriction on said parcels; and

RESOLVED FURTHER, that the City of Midland shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired properties, in conformity with the above-mentioned acts.  (Motion adopted.)

 

Landfill – Declaration of Restrictive Covenant

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, the Department of Environmental Quality, Waste Management Division has requested an updated Declaration of Restrictive Covenant prior to the issuance of the new landfill operating permit; and

WHEREAS, the City of Midland has updated said forms and accompanying map; now therefore

RESOLVED, that the Mayor and City Clerk are hereby directed to execute and  file the updated Declaration of Restrictive Covenant for the City of Midland Landfill area, with the Michigan Department of Environmental Quality, Waste Management Division.  (Motion adopted.)

 

Traffic Control Order S-99-15

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. S-99-15 filed November 1, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Golfside Drive shall stop for Currie Parkway.

is hereby made permanent.  (Motion adopted.)

 

Public Relations Professional Services - Library

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland’s Grace A. Dow Memorial Library requires the services of a professional public relations firm to assist staff in the areas of public information, communication, marketing and graphic arts for the remainder of the 1999-2000 fiscal year; and

WHEREAS, the professional public relations firm of Bolger and Battle, Inc. of Midland, Michigan has submitted a proposal to provide said services; and

WHEREAS, Section 2-19 of the Code of Ordinances provides that professional services may be purchased without sealed competitive bids; and

WHEREAS, supplemental budgetary funding required for this purpose is available in the Grace A. Dow Library Fund in the Public Relations account and in the Personal Services account; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer the sum of $43,000 within the 1999-2000 budget of the Grace A. Dow Library Fund, from the Personal Services account to the Public Relations account; and

RESOLVED FURTHER, that the proposal of Bolger and Battle, Inc. is hereby accepted and a purchase order authorized in an amount not to exceed $71,600 for the remainder of the 1999-2000 fiscal year.  (Motion adopted.)

 

Purchase – Three Mowers for Golf Course

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of three golf course mowers (Bid No. 2343); and

WHEREAS, funding for these mowers is included in the 1999-2000 Equipment Revolving Fund budget for Capital Outlay, “Equipment,” account number 640-9120-912.97-25; and

WHEREAS, two old golf course greens mowers (equipment numbers 4-29 and 4-70) will become surplus and are available for trade-in; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc. of Auburn Hills, Michigan in the net amount of $66,084.00, after trade-ins, for the purchase of two new greens mowers and one new fairway mower in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Administrative Cars, Police Cruisers and Light Trucks

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of administrative cars, police cruisers and light trucks; and

WHEREAS, the prices bid in these proposals were compared to those prices listed in the State of Michigan’s Extended Purchasing Program and Oakland County’s Cooperative Purchasing Program; and

WHEREAS, funding for the purchase of nineteen vehicles in the amount of $342,200 is included in the 1999-2000 Equipment Revolving Fund budget for Capital Outlay, “Vehicles,” and the City staff recommends the purchase of seventeen vehicles at a total cost of $294,314.09; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Oakland County’s selected vendor, Red Holman GMC of Westland, Michigan, in the amount of $121,791.76 for the purchase of two mid-size administrative cars, one compact pickup, one 1/2- ton pickup, two 3/4-ton 4 x 4 pickups, and two window vans, all in accordance with the Oakland County Cooperative Purchase Program proposal and specifications; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue purchase orders to the State of Michigan’s selected vendor for full-size cars, Buff Whelan Chevrolet of Sterling Heights, Michigan, in the amount of $26,877.82 for the purchase of two full-size administrative cars; to the State of Michigan’s selected vendor for police cruisers, Jorgensen Ford of Detroit, Michigan, in the amount of $82,372.00 for the purchase of four police patrol cars; and to the State of Michigan’s selected vendor for minivans and sports utility vehicles, Snethcamp Dodge/Jeep of Lansing, Michigan, in the amount of $38,283.51 for the purchase of one 7-passenger minivan and one 4-wheel drive sports utility vehicle; all in accordance with the State of Michigan’s Extended Purchase Program proposal and specifications; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to the low bidder meeting City specifications for one 11,000 GVW tilt-cab truck with dump body and snow plow, Martin Chevrolet of Saginaw, Michigan, in the net amount of $19,439.00, after trade.  (Motion adopted.)

 

Proposed Budget Amendment – 1999-2000 City Budgets and Working Plans

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., January 31, 2000, in the Council Chambers of City Hall on the proposal to amend the 1999-2000 Budgets of the General Fund, Major Street Maintenance Fund and the Local Street Maintenance Fund and the financial working plans of the Wastewater Fund and the Water Fund to recognize unanticipated revenues from construction refunds and provide additional appropriations for transfers to the capital projects funds.  (Motion adopted.)

 

Mason Loomis Industrial Electric, Inc. IFT Application

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, an application dated October 11, 1999 was received November 16, l999 from Mason Loomis Industrial Electric, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Eastwick Industrial Park Industrial Development District relating to new facilities including a new building, and land improvements with the facility intended to provide for the manufacture, assembly and wiring of electrical control boxes for industrial applications.  The estimated project cost is $300,167.24 real property  relating to new facility approval to allow further expansion in the Eastwick Industrial Park Industrial Development District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday,

January 31, 2000, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Demolition of Dangerous Buildings – 6318 W. Wackerly Street

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

WHEREAS, vacant and unsecured buildings located at 6318 West Wackerly Street, Midland, Michigan, have been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by the Hearings Officer appointed by the City Council; and

WHEREAS, the Hearings Officer Finding of Fact and Order has been delivered by certified mail, return receipt request, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the prescribed time period stated in said mailed notice requiring the owner’s compliance in abating these dangerous and unsafe buildings by repair or demolition has expired, and no action has occurred; and

WHEREAS, a prescribed process is established in Section 5-26 of the Code of Ordinances of the City of Midland for the City Council to act should the owner of said property neglect to comply with the Finding of Fact and Order; now therefore

RESOLVED, that the City Council hereby sets a Public Hearing to be conducted during the regular City Council Meeting of January 31, 2000 to review the Finding of Fact and Order, and for the owner of said property to show cause why the buildings should not be demolished.  (Motion adopted.)

 

Mayor Pro Tem Wazbinski called for a recess at 10:04 p.m. 

 

Mayor Pro Tem Wazbinski reconvened the January 10, 2000, regular meeting in the Human Resources Conference Room at City Hall at 10:15 p.m.

 

Review of Applications for City Attorney Position

City Council conducted an open work session to review applications received for the position of City Attorney.  Council agreed the first three candidates would be invited to a special meeting for the purpose of interviewing each of the candidates in an open meeting.   The City Manager was directed to invite the following City Attorney candidates for interviews:  James O. Branson III, Thomas M. Donnellan and James J. Purtell.

 

Being no further business the meeting adjourned at 11:00 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk