July 9, 2001

 

A regular meeting of the City Council was held on Monday, July 9, 2001, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the June 25, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Wazbinski.  (Motion adopted.)

 

Vacation of Walkway at End of Cones Court

Jon Lynch, Director of Planning and Community Development, presented information on a request to vacate the walkway at the west end of Cones Court.  A public hearing opened at 7:08 p.m., no comments were made, the hearing closed at 7:09 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, by resolution dated April 23, 2001, the City Council, acting on the request of Dennis and Thayer Raleigh and Allen and Dixie Fairbank for the vacation of the walkway at the west end of Cones Court between Lots 16 and 17 of Cones Subdivision, referred the matter to the Midland City Planning Commission, the City Engineer, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending approval of the vacation request; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the vacation request; and

WHEREAS, a report has been received from the Director of Public Services indicating no objection to the vacation request; and

WHEREAS, a public hearing was held on July 9, 2001, to hear comments from interested parties; and

WHEREAS, it is hereby determined that such proposed action will not adversely affect the health, welfare, comfort, and safety of the people of the City of Midland, and is an action in the public interest; now therefore

RESOLVED, that lands described as the walkway at the west end of Cones Court between Lots 16 and 17 of Cones Subdivision are hereby vacated, discontinued, and abolished; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion adopted.)

 

2001 Sidewalk Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the special assessment roll for the 2001 Sidewalk Improvement Special Assessment District.  A public hearing opened at 7:10 p.m., no comments were made, the hearing closed at 7:11 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2001 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $19,630.00 and that the total estimated cost of said improvements is $20,600.00, and the City at large cost is $970.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2002, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2001 Mac Street Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the special assessment roll for the 2001 Mac Street Improvement Special Assessment District.  A public hearing opened at 7:13 p.m., no comments were made, the hearing closed at 7:14 p.m.   The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain street improvements on the "2001 MAC STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $40,216.00 and that the total estimated cost of said improvements is $64,000.00, and the City at large cost is $23,784.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2002, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2001 Perrine Road Sanitary Sewer Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the special assessment roll for the 2001 Perrine Road Sanitary Sewer Improvement Special Assessment District.  A public hearing opened at 7:16 p.m., no comments were made, the hearing closed at 7:17 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of sanitary sewer improvements on the "2001 PERRINE ROAD SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $22,764.15 and that the total estimated cost of said improvements is $95,000.00, and the City at large cost is $72,235.85; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2002, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2001 Shreeve Street Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the special assessment roll for the 2001 Shreeve Street Improvement Special Assessment District.  A public hearing was opened at 7:18 p.m., no comments were made, the hearing closed at 7:19 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain street improvements on the "2001 SHREEVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $23,726.70 and that the total estimated cost of said improvements is $35,500.00, and the City at large cost is $11,773.30; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2002, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

Zoning Petition No. 476

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 476 for property on the east side of Eastman Avenue between Denver Street and Bitler Street and between Bitler Street and Dilloway Drive.  A public hearing opened at 7:47 p.m.   John Baer of Pumford Construction, Inc., representing Wolverine Bank, spoke on Wolverine Bank’s need for expansion.  Dave & Patricia Naessens, 1400 Dilloway Drive; Hung So, 1524 Dilloway Drive; Cindy Lowery, 1507 Dilloway Drive; spoke on traffic concerns and against rezoning the property between Bitler and Dilloway Drive.   Doug Hall, 1413 Dilloway Drive, Kevin Howard, 1515 Dilloway Drive, Marylou Cummins, 1308 Dilloway Drive, Phil Lowery, 1507 Dilloway Drive; Vicki Bowes, 1425 Dilloway Drive; spoke on traffic concerns.  Linda McMackin, 1406 Dilloway Drive, spoke against the zoning change.  The hearing closed at 8:18 p.m.  Jon Lynch, Director of Planning and Community Development, stated a 4/5 vote was now required to approve the rezoning due to the number of written oppositions received.  Jon Lynch reminded Council that many of the public comments were site plan issues, not zoning issues and that tonight’s focus was land use.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1508

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 1 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-1 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Lots 1, 41 and 42 of Cutler Subdivision, and Commencing at the intersection of the North One-eighth line and the west Section line of the Southwest Quarter of the Northwest Quarter of Section 4, T14N, R2E, running thence South 660 feet; thence East 287 feet to the Point of Beginning; thence South 320 feet; thence East 134 feet; thence North 320 feet; thence West 134 feet to the Point of Beginning,

be, and the same is hereby changed to an Office-Service 1 District.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Downtown Streetscape and DDA District Public Sidewalk Use Policy

Jon Lynch, Director of Planning and Community Development, presented information on the second reading of an amendment to Chapter 22, Article II, of the Code of Ordinances.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Coppage:

 

ORDINANCE NO. 1509

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING TWO NEW DIVISIONS WHICH NEW DIVISIONS SHALL BE DESIGNATED AS DIVISION 1 AND DIVISION 2 OF ARTICLE II OF CHAPTER 22 THEREOF.

The City of Midland Ordains:

Section 1.  Article II, Chapter 22, of the Code of Ordinances of the City of Midland is hereby amended by adding a new Division 1 and Division 2 to read as follows:

ARTICLE II.  SIDEWALKS

DIVISION 1.  IN GENERAL

Sec. 22-16.  Construction of sidewalks and assessment procedures.

       The city manager shall prepare and submit to the council annually on or before the first day of March a description of all locations not having sidewalks on both sides of improved city streets.  Said list shall estimate the cost to the city and the cost to the landowner to install sidewalks at each location, together with any comments concerning said location which the city manager desires to make.  The council shall thereafter initiate an annual sidewalk program encompassing as many of these locations as it may determine should be included for the construction of sidewalks on either or both sides of these streets in accordance with the special assessment procedures of Chapter 20 of the Code of Ordinances.

Sec. 22-17.  Sidewalk construction standards; permit.

      All sidewalks shall be constructed in strict conformity with grades and specifications pertaining thereto adopted or approved by the city engineer.  No sidewalk shall be constructed by a property owner or sidewalk builder hired by a property owner until a written permit for such work shall have been obtained from the city engineer and the required fee has been paid.

Sec. 22-18.  City engineer to set sidewalk line, grade; keep records.

      Wherever sidewalks are ordered constructed on any street or any part thereof, or where a permit has been issued for the construction of a sidewalk, it shall be the duty of the city engineer to indicate the sidewalk line and grade by setting stakes.  A record of such information shall be kept in the city engineer’s office.

Sec. 22-19.  Doors, gratings, etc., in sidewalks.

      No person shall place any door in any sidewalk unless the design and specifications therefor shall be approved by the city engineer.  No open iron grating or other open devices, nor any device containing glass, shall be placed in or used as the surface of any sidewalk unless such device conforms to the specifications provided by the city engineer.

Sec. 22-20.  Sidewalk construction; initiation and costs.

      Sidewalk construction may be initiated under the provisions of Article II or Article II of Chapter 20 or upon the written request of the property owner to the city engineer.  The cost of construction, except as otherwise provided in Chapter 20, shall be as follows:

(1)       Where a lot has multiple frontages and cannot be divided into one (1) or more additional lots, the property owner shall pay all of the costs of construction on the narrow side and all of the cost on any additional required sidewalk.

(2)       Where a property owner has on his own initiative applied for a permit to construct or have constructed a sidewalk and the provisions of section 22-20(1) apply, no permit shall be issued unless sufficient funds for city reimbursement are available.  Reimbursement shall be made by the city upon certification of satisfactory completion by the city engineer.  Reimbursement shall be at one-half the actual cost of the additional construction but in no case shall exceed one-half (1/2) the rate contained in the most recent city awarded contract for sidewalk construction.

Sec. 22-21.  Sidewalk construction – Who may perform.

      The owner of property adjacent to a proposed sidewalk may contract with a licensed sidewalk builder to have such sidewalk laid and constructed or such owner may construct any such sidewalk upon obtaining the permit required in section 22-17.  This right may also be granted within time periods as defined under sidewalk proceedings under Chapter 20.

Sec. 22-22.  License for sidewalk builders.

      Any person in the business of sidewalk builder, including construction and repair, shall comply with the licensing provisions of Chapter 15 of this Code and pay the required license fee.

Sec. 22-23.  Sidewalk repair defined.

      The term “sidewalk repair” as used in this article and Chapter 20 shall include any reconstruction work of existing defective sidewalks including replacement, relaying, patching, filling to grade or grading that may be required to bring the existing sidewalk to a condition satisfactory for public use.

Sec. 22-24.  Initiating sidewalk repair.

      The repair of any public sidewalk may be initiated by a request of the owner or owners of the property affected to the city engineer, by the city engineer, or by a resolution adopted by the city council ordering the work done.

Sec. 22-25.  Budget restrictions.

      Before any sidewalk repairs are ordered or approved by the city engineer, there first shall be sufficient funds available in the annual city budget for sidewalk repair.

Sec. 22-26.  Sidewalk repairs to be by city.

      Sidewalk repairs which are ordered shall be made by the city, either by force account or by contract, unless the city engineer shall provide that the work may be done by an abutting owner.  The cost thereof, including engineering and inspection, shall be borne by the city; except in cases where the city engineer shall permit repair work to be done by an abutting owner, he shall determine the reasonable cost thereof to be borne by the city which shall be reimbursed to said abutting owner.

Sec. 22-27.  Sidewalk defects caused by negligence.

      The city shall have the right, through the city engineer, to order a sidewalk repaired by persons who have caused the repair to be necessary or make the repair and bill the cost thereof to such persons.  Such repairs are those caused by excavating under or adjacent to the sidewalk, caused by placing weight upon the sidewalk greater than its design capacity, or caused by defective sidewalk construction performed by the adjacent property owner or his agents.

DIVISION 2.  DOWNTOWN STREETSCAPE

Sec. 22-33.     Downtown Development Authority District Public Sidewalk Use Policy.

      In the interest of promoting business by increasing activity and improving the general business climate in the Downtown Development Authority District, that being the area specified in Chapter 30, Sec. 30-5, the City of Midland may issue revocable permits to businesses within the district who apply for a permit to operate an exterior establishment as an extension of, or compatible with, the existing business on a portion of a public sidewalk.  This language shall not be construed as to require sidewalk occupancy permits for entities participating in periodic, district-wide events such as those sponsored by the Downtown Development Authority or Downtown Business Association. Exterior activities are limited to activities carried on by the existing business.  A permit may be issued under the following terms and conditions:

       (a)   Administration - Such permits shall be issued by the City Manager, or his designee.

               1.    Permits will be issued when the City is able to determine that the requested public sidewalk use permit will not:

                      a.    Unreasonably interfere with the use of the street for pedestrian or vehicular travel.

                      b.    Unreasonably interfere with the view of, access to, or use of property adjacent to said street.

                      c.    Unreasonably interfere with street cleaning or snow removal activities.

                      d.    Cause damage to the street, trees, benches, landscaping, or other objects lawfully located within the street right-of-way.

                      e.    Cause a violation of any state or local laws.

                      f.     Be principally used for off-premises advertising.

                      g.    Be attached to, or reduce the effectiveness of or access to, any utility pole, sign, or other traffic control device.

                      h.    Reduce pedestrian travel area of any sidewalk to less than five feet in width.

                      i.      Hinder safe pedestrian use of sidewalks or safe ingress or egress to any building.

               2.    Applications to alter existing streetscape elements in order to better accommodate private use of public sidewalk shall be reviewed by the departments of Engineering, Public Utilities, and Public Works.  Upon receiving a report outlining departmental reviews, the Downtown Development Authority shall offer a recommendation regarding approval of the application to the City Council.  Expenses associated with requested changes shall be borne by the applicant.

      (b)     Sale of Food and Beverages - To secure a public sidewalk use permit for the sale of food and/or beverages in an area located on a public sidewalk, the following conditions must be met:

1.      Areas of the sidewalk licensed for the consumption of alcohol shall be enclosed by a structure approved by the Downtown Development Authority.  The purpose of this structure shall be to delineate the private use area from the public access area of the sidewalk.  Said structure shall be aesthetically compatible with the streetscape and area buildings.  The structure will be removable to accommodate efficient snow removal activity but yet of sufficient construction so as to prevent relocation by patrons or pedestrians.

2.   Sidewalk areas used for the sale and/or consumption of food and/or beverages shall be kept in a clean and orderly manner and shall, at a minimum:

a.    Be provided with adequate solid waste receptacles so as to allow for the convenient disposal of waste materials associated with the private use of the sidewalk space.

b.     Tables, chairs, and other appurtenances of the food and/or beverage consumption area shall be placed in such a manner so as not to hinder safe pedestrian use of the sidewalk and shall not block ingress or egress to any building.

(c)  Insurance Requirements - Prior to the issuance of a sidewalk occupancy permit, the applicant must supply the City with a certificate of liability insurance in an amount to be determined by the City.  The certificate of insurance must be in effect for at least the period that the permit will be issued.  In addition, the applicant shall indemnify and hold harmless the City from all claims or damages incident to the creation and operation of an outside establishment.

(d)  Effective Dates and Hours of Operation - All permits shall specify the dates and duration of the permitted sidewalk occupancy, and the permits shall be valid for only the specified period.  Permits may not be granted for a period in excess of twelve (12) months. All permits shall specify the hours during which the permitted sidewalk occupancy may occur during any given day of the valid permit period.

(e)  Revocation - All permits issued under this ordinance are subject to immediate revocation by the City Manager, or his designee, for failure to comply with any or all provisions of this ordinance.

Section 2.  This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Ordinance Amendments - Building Regulations/Electrical Code/Plumbing Code

Jon Lynch, Director of Planning and Community Development, presented information on proposed amendments to Chapter 5, Chapter 7 and Chapter 18 of the Code of Ordinances.  Introduction and first reading of the following ordinance amendment was then offered by Council member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO.  __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING TO CHAPTER 5, BUILDINGS AND BUILDING REGULATIONS:

BY RENAMING ARTICLE I, IN GENERAL, TO CONSTRUCTION BOARD OF APPEALS AND TO ADD LANGUAGE PROVIDING FOR A CONSTRUCTION BOARD OF APPEALS; 

BY REPEALING CHAPTER 5, ARTICLE II, BUILDING CODE, SECTIONS 5-16 THROUGH 5-79 TO ADD LANGUAGE ADOPTING BY REFERENCE THE MICHIGAN BUILDING CODE; 

BY REPEALING CHAPTER 5, ARTICLE III, MECHANICAL CODE SECTIONS 5-80 THROUGH 5-106 TO ADD LANGUAGE ADOPTING BY REFERENCE THE MICHIGAN MECHANICAL CODE; 

BY REPEALING CHAPTER 5, ARTICLE IV, SWIMMING, WADING POOLS, SECTIONS 5-107 THROUGH 5-119 TO ADD LANGUAGE ADOPTING BY REFERENCE THE MICHIGAN ELECTRICAL CODE;

BY RENUMBERING CHAPTER 5, ARTICLE V, SOIL EROSION AND SEDIMENTATION CONTROL, FROM SECTIONS 5-120 THROUGH 5-126 TO SECTIONS 5-10 THROUGH 5-16;

BY REPEALING CHAPTER 5, ARTICLE VI, ACCOMMODATION OF PHYSICALLY HANDICAPPED PERSONS, TO ADD LANGUAGE ADOPTING BY REFERENCE THE MICHIGAN PLUMBING CODE;

BY RENUMBERING CHAPTER 5, ARTICLE VII, WEST MAIN STREET HISTORIC DISTRICT, FROM SECTIONS 5-132 THROUGH 5-145 TO SECTIONS 5-18 THROUGH 5-30;

BY REPEALING CHAPTER 7, ELECTRICAL CODE.

BY REPEALING CHAPTER 18, PLUMBING CODE;

The City of Midland Ordains:

Section 1.  Chapter 5, Article I, of the Code of Ordinances of the City of Midland is hereby amended by adding a new Article I to read as follows:

ARTICLE I.  IN GENERAL.  CONSTRUCTION BOARD OF APPEALS

Sec. 5-1.  Construction Board of Appeals.

      In compliance with the provisions of the Michigan Construction Code Act, PA 230 of 1972, as amended, a Construction Board of Appeals shall be created.  The Construction Board of Appeals shall exercise those powers granted by State law.

Sec. 5-2.  Membership.

      The Construction Board of Appeals shall consist of seven members.  Members shall be appointed for 2-year terms by the City Manager.  Members shall be qualified by experience or training to perform the duties of members of the board of appeals.  To the extent possible, each construction discipline as well as at-large members shall represent the Board as follows:

One Licensed Residential Contractor, or General Contractor

One Licensed Registered Professional Engineer, Architect, or Registered Building Inspector

One Licensed Master Electrician, or Registered Electrical Inspector

One Licensed Master Plumber, or Registered Plumbing Inspector

One Licensed Mechanical Contractor, or Registered Mechanical Inspector

Two Citizens At-Large

All members must have background in construction and a working knowledge of the codes being enforced.

Sec. 5-3.  Appeals.

      If the enforcing agency refuses to grant an application for permit, or if the enforcing agency makes any other decision related to enforcement of construction codes, an interested person, or the person’s agent, may appeal in writing to the Construction Board of Appeals. 

The Board of Appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency not more than 30 days after submission of the appeal.  Failure by the Board to hear an appeal and file a decision within the time limit is a denial of the appeal for the purposes of authorizing the institution of an appeal to the Michigan Construction Code Commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party making the appeal.

Sec. 5-4.  Procedures.

      The Construction Board of Appeals shall establish procedures for processing appeals and requests for variances.  Applicants for permits should be made aware of their recourse and the steps to be taken to have their appeals or requests for variances heard.

Section 2.   Chapter 5, Article II, of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

Art. II. BUILDING CODE, §§ 5-16‑‑5-79

DIVISION 1. Generally, §§ 5-16‑‑5-23

DIVISION. 2. Amendments, §§ 5-24‑‑5-74

DIVISION. 3. Flood proofing, §§ 5-75‑‑5-79

ARTICLE II.  MICHIGAN BUILDING CODE

Sec. 5-5.  Adoption of Michigan Building Code by Reference

The Michigan Building Code, including appendices and references, promulgated under Public Act 230 of 1972 and as may be amended by the State of Michigan, a complete copy of which is made available to the public at the Office of the City Clerk, is hereby adopted as the City Building Code by reference and made part of this chapter as if fully set out herein.

Sec. 5-6.  Prosecution previous to effective date.

Any prosecution arising from a violation of any ordinance or section of an ordinance repealed or amended in this article, which prosecution may be pending on July 31, 2001, or any prosecution which may be started within one year after July 31, 2001, in consequence of any violation of any ordinance or section of an ordinance repealed or amended in this chapter which violation was committed previous to July 31, 2001, shall be tried and determined exactly as if such ordinance or section of an ordinance had not been repealed or amended.

Section 3.  Chapter 5, Article III, of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

ARTICLE III. MECHANICAL CODE, §§ 5-80‑‑5-106
DIVISION 1. GENERALLY, §§ 5-80‑‑5-90
DIVISION 2. AMENDMENTS, §§ 5-91‑‑5-106

ARTICLE III.  MICHIGAN MECHANICAL CODE

Sec. 5-7.  Adoption of Michigan Mechanical Code by Reference.

The Michigan Mechanical Code, including appendices and references, promulgated under Public Act 230 of 1972 and as may be amended by the State of Michigan, a complete copy of which is made available to the public at the Office of the City Clerk, is hereby adopted as the City Mechanical Code by reference and made part of this chapter as if fully set out herein.

Sec. 5-8.  Prosecution previous to effective date.

Any prosecution arising from a violation of any ordinance or section of an ordinance repealed or amended in this article, which prosecution may be pending on July 31, 2001, or any prosecution which may be started within one year after July 31, 2001, in consequence of any violation of any ordinance or section of an ordinance repealed or amended in this chapter which violation was committed previous to July 31, 2001, shall be tried and determined exactly as if such ordinance or section of an ordinance had not been repealed or amended.

Section 4. Chapter 5, Article V, of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

ARTICLE IV. SWIMMING WADING POOLS, §§ 5-107‑‑5-119

ARTICLE IV. MICHIGAN ELECTRICAL CODE

Sec. 5-9.  Adoption of Michigan Electrical Code by Reference.

The Michigan Electrical Code, including appendices and references, promulgated under Public Act 230 of 1972, a complete copy of which is made available to the public at the Office of the City Clerk, is hereby adopted as the City Electrical Code by reference and made part of this chapter as if fully set out herein.

Section 5.  Chapter 5, Article V, of the Code of Ordinances of the City of Midland is hereby created to read as follows:

ARTICLE  V.   SOIL EROSION AND SEDIMENTATION CONTROL

Sec. 5-120. SEC. 5-10. Local enforcing agency.

                        It is the intent of the city to become the local enforcing agency in regard to implementing Soil Erosion and Sedimentation Control Act 347 of Public Acts 1972 within the corporate limits of the city.

Sec. 5-121.  SEC. 5-11.  Rules adopted.

                        The city hereby adopts by reference Part 17, Soil Erosion and Sedimentation Control, of the General Rules as promulgated by the Michigan Department of Natural Resources relative to the Soil Erosion and Sedimentation Control Act 347 of Public Acts 1972, said rules to be available to the public at the offices of the city building department.

Sec. 5-122.  SEC. 5-12.  Submission of plans.

                        Before groundbreaking of any project within the city involving one (1) or more acres of land or within five hundred (500) feet of any stream, and erosion and sedimentation control plan shall be submitted to the city building department in accordance with the rules as adopted by section 5-11 of this Code.

Sec. 5-123.  SEC. 5-13. Permits and fees.

                        Upon payment of the fees as detailed in Chapter 21 of this Code, the submitted plans along with the prescribed permit application shall be reviewed for conformance to the rules. If the application and the plans are in conformance with the rules, a permit shall be issued.

Sec. 5-124.  SEC. 5-14. Site inspection.

                        The chief building inspector and designated agents of the chief building inspector shall have access at all reasonable times to any site upon which an "earth change" is in progress for purposes of determining whether the conditions called for in the permit are being complied with.

Sec. 5-125.  SEC. 5-15. Enforcement.

                        The chief building official shall issue a cease and desist order and shall revoke a permit upon its finding that there is a violation of the Soil Erosion and Sedimentation Control Act, rules adopted by section 5-11, or ordinances of the city, or that there is a violation of a permit or an approved soil erosion and sedimentation control plan.

Sec. 5-126.  SEC. 5-16. Appeal.

                        The procedure as provided in this Code shall be applicable to this article to consider appeals arising from any determination of the chief building official.

Section 6.  Chapter 5, Article VI, of the Code of Ordinances of the City of Midland is hereby created to read as follows:

ARTICLE VI. ACCOMMODATION OF PHYSICALLY HANDICAPPED PERSONS,

§§ 5-127‑‑5-131

ARTICLE VI. MICHIGAN PLUMBING CODE

Sec. 5-17.  Adoption of Michigan Plumbing Code by Reference.

      The Michigan Plumbing Code, including appendices and references, promulgated under Public Act 230 of 1972, a complete copy of which is made available to the public at the Office of the City Clerk, is hereby adopted as the City Plumbing Code by reference and made part of this chapter as if fully set out herein.

ARTICLE VII.  WEST MAIN STREET HISTORIC DISTRICT

Sec. 5-132.  Sec. 5-18. Statement of purpose.

      The purpose of this article is to:

(1)     Safeguard the heritage of the city by preserving an area in the city that reflects elements of its history, architecture, archaeology, engineering or culture.

(2)     Stabilize and improve property values in such areas and the surrounding areas.

(3)     Foster civic beauty.

(4)     Strengthen the local economy.

(5)     Promote the use of historic districts for the education, pleasure, and welfare of the citizens of the city.

Sec. 5-133.  SEC. 5-19.  Definitions.

      For the purposes of this article, the following terms, phrases and words shall have the meanings given in this section.

 Alteration means work that changes the detail of a resource but does not change its basic size or shape.

Applicant means a person who owns property in the West Main Street Historic District.

Bureau means the Bureau of History of the Michigan Department of State.

Certificate of appropriateness means the written approval of a permit application for work that is appropriate and that does not adversely affect a resource.

Commission means a historic commission created pursuant to section 5-22.

Demolition means the razing or destruction, whether entirely or in part, of a resource and includes, but is not limited to, demolition by neglect.

Demolition by neglect means neglect in maintaining, repairing, or securing a resource that results in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource.

Denial means the written rejection of a permit application for work that is inappropriate and that adversely affects a resource.

Exterior features means those features as described in the West Main Street Historic District Guidelines and Standards for Review.

Historic district means the West Main Street Historic District.

Historic district commission (HDC) means the City of Midland West Main Street Historic District Commission.

Historic preservation means the identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology, engineering, or culture.

Historic resource means a privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, or culture of the City of Midland, Midland County, State of Michigan or of the United States.

Minor classes of work means that work as described in the West Main Street Historic District Guidelines and Standards for Review.

Notice to proceed means the written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding under section 5-25.

Open space means undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or a buffer between other sources.

Ordinary maintenance means keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. Ordinary maintenance does not change the external appearance of the resource except through the elimination of the usual and expected effects of weathering. Ordinary maintenance does not constitute work for purposes of this ordinance.

Repair means to restore a decayed or damaged resource to a good or sound condition by any process. A repair that changes the external appearance of a resource constitutes work for purposes of this ordinance.

Resource means privately owned historic or nonhistoric buildings, structures, objects, features, or open spaces located within the historic district. Publicly owned buildings, structures, open spaces, sidewalks and rights-of-way are not considered resources for the purposes of this ordinance.

Work means construction, addition, alteration, repair, moving, excavation, or demolition.

Sec. 5-134.  SEC. 5-20. West Main Street Historic District boundaries.

      The following described area is hereby established as the West Main Street Historic District:

       Lots 3, 4, 5 and 6 of Block 15, all of Block 16, excluding the right-of-way of the Pere Marquette Rail-Trail, all of Block 17, excluding the right-of-way of the Pere Marquette Rail-Trail, and including an area described as: Beginning at a point 57.5 feet southwest of the south corner of Lot 1 of Block 17; thence northeast 57.5 feet; thence northwest 166.58 feet along the southwesterly side of Lots 1, 2 and 3 of Block 17; thence southeasterly to the point of beginning, and all of Blocks 18, 80 and 81, and Lots l, 2, 7 and 8, and the northeast 70 feet of lots 3 and 4, Block 82, all a part of the Midland original plat.

After the effective date of this article, the city shall file a copy of this article, including a legal description of the West Main Street Historic District, with the Midland County Register of Deeds Office and shall cause each property located in the district to have recorded on its title a statement that the property is part of the West Main Street Historic District and is subject to rules and regulations adopted by the City of Midland.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-135.  SEC. 5-21. Regulation of resources.

      There shall be no construction, addition, alteration, repair, moving, excavation, or demolition of a resource within the West Main Street Historic District unless such action complies with the requirements set forth in this article.

      The regulatory authority of the West Main Street Historic Commission (HDC) as created in section 5-22, extends only to the exterior features of a structure and does not apply to interior alterations so long as such alterations do not affect the exterior.

      Nothing in this article shall be construed to prevent ordinary maintenance or repair of a resource within the West Main Street Historic District, or to prevent work on any resource under a permit issued by the chief building inspector or other duly delegated authority before this article was enacted.

      Compliance with this article shall not relieve the applicant from complying with all applicable provisions of this article and any other ordinance, rule or statute.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-136.  SEC. 5-22. Historic district commission.

      (a)  To execute the purpose of this article, there is hereby created a commission to be called the City of Midland West Main Street Historic District Commission (HDC).

      (b)  The HDC shall consist of seven (7) members who shall be residents of the city. Moving from the city shall cause the member's seat to become vacant. Each member shall be appointed by the city council for a three-year term of office; provided, however, that of the members first appointed, two (2) shall be appointed for a one-year term, two (2) shall be appointed for a two-year term, and three (3) shall be appointed for a three-year term. All first members shall be appointed within six (6) months after the effective date of this article. Thereafter, members shall be appointed before October 1 of the year of appointment and shall serve for a three-year term or until a successor is appointed. Vacancies shall be filled within sixty (60) calendar days and shall be for the remainder of the unexpired term.

      (c)  At least two (2) members of the HDC shall be appointed from a list of citizens  submitted by one (1) or more duly organized local historic preservation organizations. The HDC shall include one (1) member, if available, who is a graduate of an accredited school of architecture who has two (2) years of architectural experience or who is an architect duly registered in this state. In the event that a person having the desired architect qualifications is not available to serve as a member of the HDC, the City Council may appoint a person possessing those qualifications who is not a city resident to serve as a member of the HDC in an ex officio capacity. The term of this appointment shall be three (3) years or until such time that a successor is appointed or a qualified architect who is a city resident is appointed to the HDC.

      (d)  A majority of the members of the HDC shall have a clearly demonstrated interest in or knowledge of historic preservation. If proposed members meet the requirements for appointment, it is desirable that a majority of the West Main Street Historic District members consist of residents and/or property owners in the district.

      (e)  A member absent from four (4) consecutive regular meetings, or twenty-five (25) percent of such meetings in any fiscal year of the city, shall automatically be removed from HDC membership unless such absences are excused by the HDC and the reason therefore entered into the proceedings of the HDC.

      (f)   The HDC shall elect from its membership a chairman and a vice chairman whose terms of office shall be determined by the HDC. The chairman shall preside over the HDC and shall have the right to vote. The vice chairman shall, in the case of the absence or disability of the chairman, perform the duties of the chairman.

      (g)  The chief building official or his/her designated representative shall be an ex officio member without the right to vote and shall serve as secretary to the HDC. The secretary shall keep a record of all resolutions, proceedings, and actions of the HDC, and shall provide minutes of the meetings to the city council.

(h)    The members of the HDC shall serve without compensation.

                                    (i)  Pursuant to notice and after having been given an opportunity to be heard, a member of the HDC may be removed for cause by the city council.

(Ord. No. 1336, § 1, 1-22-96; Ord. No. 1457, § 1, 7-26-99)

Sec. 5-137.  SEC. 5-23.  Meetings of the historic district commission.

                                    (a)  In addition to other meetings as required by this article, regular meetings of the HDC shall be held quarterly, with additional meetings scheduled as needed. Attendance of at least four (4) members of the HDC at a meeting shall constitute a quorum for the transaction of HDC business. All meetings of the HDC shall be open to the public, and any person or duly constituted representative shall be entitled to appear and be heard on any matter before a decision is made.

                                    (b)  The affirmative vote of four (4) members of the HDC shall constitute approval of plans before it for review or for adoption of any resolution, motion, or other action.

      (c)  Public notice of the time, date, and place of HDC meetings shall be given in the manner required by Act No. 267 of the Public Acts of 1967, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. The notice shall be posted in accord with the City of Midland notification procedures and shall be mailed by first class mail to each property owner in the historic district. A meeting agenda shall be a part of the notice and shall include a listing of each permit application to be reviewed or considered by the HDC.

      (d)  The HDC shall prepare an annual report of activities and shall submit special reports as requested by the city council.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-138.  SEC. 5-24. Duties and powers of the historic district commission.

                                    (a)  The HDC shall submit to the city council for approval guidelines and standards for review of all plans for the construction, addition, alteration, repair, moving, excavation, or demolition of resources in the historic district which shall be named the West Main Street Historic District Guidelines and Standards for Review and which shall specify the minor classes of work for which certificates of appropriateness may be issued by the building official. Certificates of appropriateness and notices to proceed shall not be required for work in the historic district until such time that the guidelines and standards for review have been approved by city council. Thereafter, all amendments and additions to the guidelines and standards for review must be approved by city council prior to implementation.

      (b)  Except for minor classes of work for which certificates of appropriateness may be issued by the building official, the HDC shall review all applications for the construction, addition, alteration, repair, moving, excavation, or demolition of resources in the historic district and approve each application before a certificate of appropriateness for such work can be granted. In reviewing the application, the HDC shall follow the U.S. Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, as set forth in 36 CFR Part 67, or their equivalent, as approved or established by the Michigan Bureau of History of the Department of State, and shall also consider the following:

         (1)  The historical or architectural value and significance of the resource and its relationship to the historic value of the surrounding area;

         (2)  The relationship of the exterior architectural features of such resource to the remainder of the resource and to the surrounding area;

            (3)        The general compatibility of the exterior design, arrangement, texture, and materials proposed to be used;

            (4) Other factors, such as aesthetic value, that the commission finds relevant.

             (c)       The HDC and the building official shall review and act only upon exterior features of a resource and shall not review and act upon any interior work unless the interior work will cause visible change to the exterior of the resource. The HDC and the building official shall not disapprove an application due to considerations not prescribed in section 5-24(b).

             (d)       In case of an application for work affecting an exterior feature of a resource or for the alteration, moving, or demolition of a resource that the HDC deems so valuable to the city that the loss thereof will adversely affect the public purpose of the city, the HDC shall endeavor to work out with the owner an economically feasible plan for preservation of the historic resource.

             (e)       If all efforts by the HDC to preserve a resource fail, and it is determined by the city council that public ownership is most suitable and it is considered to be in the public interest, the city council may acquire the resource using public funds, public or private gifts, grants, or proceeds from the issuance of revenue bonds.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-139.  SEC. 5-25.  Procedure for review of work.

(a)  Nothing in this article shall be construed to prevent ordinary maintenance of a resource within the West Main Street Historic District or to prevent work on any resource under a permit issued by the building department, or another duly delegated authority, before this article was enacted.

(b)  Prior to work on a property located within the West Main Street Historic District, an applicant shall contact the city building department to determine the procedure necessary for receiving approval for such work.

(c)  Work that does not require a certificate of appropriateness, a building permit or a notice to proceed is not subject to the requirements of this article.

(d) Work that requires a certificate of appropriateness, a building permit or a notice to proceed is subject to the requirements of this article, as follows:

(1)  Certificate of appropriateness. If the building official determines that a building permit is not required but that a certificate of appropriateness is necessary, an application for a certificate of appropriateness shall be filed with the building official. Applications for certificates of appropriateness for work not considered minor shall be forwarded to the HDC by the building official. A certificate of appropriateness for minor classes of work may be issued by the building official as provided in the guidelines and standards for review.

If the building official denies an application, a written record of the reasons for denial shall be forwarded to the applicant. The building official may suggest that changes be made to the application. The building official shall notify the applicant that the application may be resubmitted for review when the suggested changes have been made and that the applicant has the right to appeal to the city building board of appeals, the state historic preservation review board and to the Midland County Circuit Court. If the application is denied because the work is not appropriate, the applicant shall be so informed and shall be notified of the right to appeal to the building board of appeals for a notice to proceed.

(2) Building permit and certificate of appropriateness. If the building official determines that, in addition to an application for a certificate of appropriateness pursuant to section 5-25(d)(1), a building permit is required, applications for a building permit and a certificate of appropriateness shall be filed with the building official. The building official may issue a certificate as described in section 5-25(d)(1) or transmit the application to the HDC for review and approval. If the building official issues a certificate of appropriateness, the certificate shall be attached to the building permit. A building permit shall not be issued by the building official until a certificate of appropriateness is issued.        

(e) (1) Within fifteen (15) working days of receipt of an application for a certificate of appropriateness for work not considered minor, the building official shall forward the application to the HDC. The HDC shall meet within ten (10) working days after receipt of the application and shall review the application according to the duties and powers specified herein. If the HDC determines that the application is incomplete, or that additional information is required before the application may be approved or disapproved, the HDC shall contact the applicant to request the necessary information. Thereafter, the HDC shall meet within ten (10) working days from the date of receipt of the additional information.

(2)  Failure of the HDC to approve or disapprove a complete application within thirty (30) days from the date the application is submitted to the building official or fifteen (15) days after additional information is received by the HDC, whichever is later, unless otherwise mutually agreed upon by the applicant and HDC, shall be deemed to constitute approval, and the building official shall proceed to process the application without regard to a certificate of appropriateness issued by the HDC.

(3)  If the application is approved, the HDC shall issue a certificate of appropriateness and transmit it to the building official. The building official shall attach the certificate of appropriateness to the building permit.

(4)  After the certificate of appropriateness has been issued and, if required, a building permit granted, the building official shall inspect the work permitted in accord with the certificate of appropriateness and shall take such action as necessary to ensure compliance with the approved plan.

(f)  (1) If the application is not approved by the HDC, a written record of the reasons for denial shall be forwarded to the applicant and the building official. The HDC may suggest that changes be made to the application. The HDC shall notify the applicant that the application may be resubmitted for HDC review when the suggested changes have been made. A denial of an application for a certificate of appropriateness by the HDC shall be binding upon the building department.

      (2)  The denial of an application shall include a notice to the applicant of the right of appeal to the city building board of appeals, the state historic preservation review board and to the Midland County Circuit Court. If the application is denied by the HDC because the work is not appropriate, the applicant shall be so informed and shall be notified of the right to appeal to the building board of appeals for a notice to proceed.

(g) A fee shall not be levied for an application for a certificate of appropriateness; however, the applicable building permit fee shall be levied.

(h)  Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of the current Michigan Construction Code as adopted by ordinance by city council when authorized by the building official, provided:

      (1) The building or structure has been designated by official action of the city council as having special historical or architectural significance.

      (2)  Any unsafe conditions as described in said construction code are corrected.

      (3) The restored building or structure will be no more hazardous based on life safety, fire safety, and sanitation than the existing building.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-140.  SEC. 5-26. Appeals.

(a)  Notice to proceed. If an applicant has been denied a certificate of appropriateness for work not deemed appropriate, the applicant may appeal to the building board of appeals for a notice to proceed. Work within the historic district shall be permitted through the issuance of a notice to proceed if any of the following conditions prevail and if the proposed work can be demonstrated to the satisfaction of a majority of the building board of appeals members that the proposed work is necessary to substantially improve or correct any of the following conditions:

      (1)  The resource constitutes a hazard to the safety of the public or to the structure's occupants.

      (2)  The resource is a deterrent to a major improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing, and environmental clearances.

      (3) Retaining the resource will cause undue financial hardship to the owner when a governmental action, an act of God, or other events beyond the owner's control created the hardship, and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the historic district have been attempted and exhausted by the owner.

      (4) Retaining the resource is not in the interest of the majority of the community.

Notwithstanding the aforementioned, a building permit may still be required.

(a)  Appeal from a decision by the building official or HDC. An applicant aggrieved by a decision of the building official or the HDC may file an appeal with the building board of appeals, as created under section 5-1 of the City of Midland Code of Ordinances, or the state historic preservation review board of the Michigan Historical Commission within the Department of State. The HDC shall forward a copy of the West Main Street Historic District Guidelines and Standards for Review approved by city council to the building board of appeals. The West Main Street Historic District Guidelines and Standards for Review shall be utilized by the building board of appeals in appeal decisions.

(b)  Appeal from a decision by the building board of appeals. An applicant who has appealed to the building board of appeals and is aggrieved by the decision of that board may file an appeal with the state historic preservation review board. The appeal shall be filed within sixty (60) days after the decision is furnished to the applicant by the building board of appeals.

(c)  Appeal from a decision by the state historic preservation review board. A permit applicant aggrieved by the decision of the state historic preservation review board may appeal the decision to the Midland County Circuit Court. Said applicant may only appeal to the circuit court after appealing to the state historic preservation review board.

(d)  Appeal by non-applicant. Any citizen or duly organized historic preservation organization in the city that is not an applicant that is aggrieved by a decision of the HDC may appeal the decision to the Midland County Circuit Court.

 (Ord. No. 1336, § 1, 1-22-96)

Sec. 5-141.  SEC. 5-27. Demolition by neglect.

(a)  Commencement of proceedings. The building official shall examine or cause to be examined every historic resource reported as threatened with demolition by neglect.

(b)  Notice and order. The building official shall issue a notice and order directed to the owner of record of the historic resource stating the defects thereof. This notice may require the owner of the historic resource to commence the required alterations, repairs or improvements and all such work shall be completed within such period of time as the building official shall determine to be reasonable to accomplish the work, which said period shall be stated in the notice.

(c)  Service of notice and order. Service of the notice and order shall be made upon the owner either personally or by:

(1)  Mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each owner of the property as indicated by the records of the city assessor; or

      (2)  If no address so appears or is known to the building official, a copy of the notice and order shall be mailed to the owner of record at the address of the resource and a copy of the notice shall also be posted in a conspicuous place on the resource.

The failure of any such owner of record to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Proof of service of the notice and order shall be by affidavit sworn to by the person effecting service; declaring time, date and manner in which the service was made. The affidavit, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official.

(d)  Condemnation procedure. If at the expiration of any time limit in the notice provided for in paragraph (b) of this section, the owner of record has not complied with the requirements thereof, the building official may recommend abatement in accordance with the following provisions:

(1) Notice of public hearing. Notwithstanding any other provisions of this article, when an exterior feature of a historic resource is found to have deteriorated or the structural integrity of a resource has been lost as a result of neglect in maintenance or repair, the building official, having ascertained that the time limit provided in the notice has expired and that the required work has not been completed, shall issue a notice to each owner of record in whose name the property appears on the last local tax assessment records to appear at a hearing before a hearings officer and show cause why the alterations, repairs or maintenance should not be made. Notice shall be given to the parties in the same manner as provided in paragraph (c) of this section to appear at the hearing on the date, time and place specified in the notice which shall not be less than ten (10) days after the mailing of the notice.

(2) Hearings officer appointed. The city council shall appoint a hearings officer to serve at its pleasure and to conduct a public hearing in order for the owner to show cause why the notice and order should not be complied with. The building official shall file a notice of the demolition by neglect with the hearings officer.

(3)  Procedures. The following procedures shall govern the conduct of the public hearing by the hearings officer:

a.  Record. A record of the entire proceeding shall be made by tape recording or by other means of permanent recording determined appropriate by the examiner. A transcript of the proceedings shall be made available to all parties upon request and upon payment of a fee prescribed thereof. The fee may be established by the hearings officer but shall not be greater than the cost involved.

b. Certification. In any proceedings under this section, a hearings officer has the power to administer oaths and affirmation, and to certify official acts.

c.   Reasonable dispatch. A hearings officer shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of a party and his or her representative.

d.   Rules. Hearings need not be conducted according to the technical rules relating to evidence.

e.   Oral evidence. Oral evidence shall be taken only on oath or affirmation.

f.    Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

g.   Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction of this state.

h.   Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

i.    Rights of the parties. Each party shall have the following rights, among others:

1.   To call and examine witnesses on any matter relevant to the issues of the hearing;

2.   To introduce documentary and physical evidence;

3.   To cross-examine opposing witnesses on any matter relevant to the issue of the hearing;

4.   To impeach any witness regardless of which party first called him or her to testify;

5.   To refute the evidence against him or her; and

6.   To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.

j.  Inspection of premises. The hearings officer may inspect any resource involved in the hearings proceedings.

k.  Judicial notice. In reaching a decision, judicial notice may be taken, either before or after submission of the case for decision, of any fact of which judicial notice may be taken by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board. Parties present at the hearing shall be informed of the matters so noticed, and these matters shall be noted in the record.

(4)  Hearings officer's findings and order. The hearings officer shall issue an order with written findings of fact based upon competent evidence and testimony determining whether the historic resource in question has suffered demolition by neglect within the meaning of this section. If the hearings officer determines that the historic resource has suffered demolition by neglect, he or she shall establish a reasonable time by which the requirements of the order shall commence and shall be completed. The notice of the findings of fact and order shall be served upon the owner of record in the manner provided in paragraph (c) of this section.

(5)  Failure of the owner of record to appear or refusal to comply with order of hearings officer. The following shall apply in the event that there is a failure to appear or refusal to comply with the order of the hearings officer:

a.  If the owner of record fails to appear or neglects or refuses to comply with the order, the hearings officer shall file a report of his or her findings and a copy of his or her order with the city council and request that the necessary alterations, repairs or improvements be made. A copy of the findings of fact and order of the hearings officer shall be served on the owner of record in the manner prescribed in paragraph (c) of this section.

b.   The city council shall fix a date for a hearing and for reviewing the findings of fact and order of the hearings officer and shall give notice to the owner of record in the manner prescribed in paragraph (c) of this section of the time and place of the hearing. At the hearing, the owner of record and/or his or her representative shall be given the opportunity to show cause why the building should not be altered, repaired or improved. After the close of the hearing, the city council shall either approve, disapprove or modify the order of the hearings officer.

c.   Upon a finding by the city council that a historic resource is threatened by demolition by neglect, the city council may do the following:

1.   Require the owner of the historic resource to repair all conditions contributing to demolition by neglect;

2.   If the owner does not make the repairs within a reasonable time, the city council, upon obtaining an order from the Midland County Circuit Court, may direct its agents to enter the property and make repairs as are necessary to prevent demolition by neglect.

d.  The costs of the work shall be a lien against the real property and shall be reported to the city assessor who shall assess the cost against the property on which the resource is located. The owner in whose name the property appears upon the last local tax assessment record shall be notified of the amount of such cost by first class mail at the address shown on the records. If he or she fails to pay the same within thirty (30) days after mailing by the assessor of the notice of the amount thereof, the assessor shall add the same to the next tax roll of the city and it shall be collected in the same manner and in all respects as provided by law for the collection of taxes by the city.

e.  An owner of record aggrieved by any final decision or order of the city council under subparagraph (5)b. above may appeal the decision or order to the circuit court by filing a petition for an order of superintending control with that court within twenty-one (21) days from the date of the city council's decision.

(6)  Waiver provision. The owner of record of any historic resource may at any time admit in writing that such resource has suffered demolition by neglect within the meaning of this section, waive notice, hearing, findings of fact, order and service of the order under this article and court review of such order, and consent that said resource may be altered, repaired or improved, and the cost thereof charged against the property, in which event the hearings officer may have said resource altered, repaired or improved and the cost charged against said property in accordance with the provisions of this article.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-142.  SEC. 5-28. Failure to obtain a permit.

            When work has been performed on a historic resource without a permit and the HDC finds that the work does not qualify for a certificate of appropriateness, the HDC shall notify the city council of its findings. The city council may require an owner to restore the resource to the condition the resource was in before the inappropriate work was conducted or to modify the work so that it qualifies for a certificate of appropriateness.

            If the owner does not comply with the restoration or modification requirement within a reasonable time, the city council may seek an order from the Midland County Circuit Court to require the owner to restore the resource to its former condition or to modify the work so that it qualifies for a certificate of appropriateness.

            If the owner does not or cannot comply with the order of the court, and if the order of the court so provides, the city council or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for a certificate of appropriateness in accordance with the order of the court. The cost of the work shall be charged to the owner and may be levied by the city as a special assessment against the property.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-143.  SEC. 5-29. Acceptance of gifts and grants.

            The city may accept public or private gifts and state and federal grants for historic restoration purposes; provided, however, that such gifts and grants are not prohibited by the Charter of the city and are not used for the purpose of paying any fees or expenses arising out of any litigation. The city treasurer shall be custodian of funds received by the city for historic restoration purposes.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-144.  SEC. 5-30. Penalties.

            A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this ordinance is responsible for a civil violation and may be fined not more than five thousand dollars ($5,000.00) and may be ordered by the court to pay the costs to restore or replicate a resource unlawfully constructed, added to, altered, repaired, moved, excavated, or demolished.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-145.  SEC. 5-31. Severability.

            In the event any portion, section or subsection of this article shall be held invalid, that portion, section or subsection shall be eliminated from this article. Such invalidation shall not be construed to affect the validity of any part or portion of this article or of the Code of Ordinances of the city.

(Ord. No. 1336, § 1, 1-22-96)

Sec. 5-32.  Fees.

Fees for Building, Plumbing, Mechanical, Electrical and BOA applications shall be as described in Chapter 21 of Midland City Code of Ordinances.

Section 7.  Chapter 7 of the Code of Ordinances of the City of Midland is hereby repealed, as follows:

Chapter 7.  ELECTRICAL CODE

Article I.  In General, §§ 7-1—7-9

Article II.  Electrical Board of Appeals §§ 7-10 – 7-13

Article III.  Licenses, Permits, Inspections, § §7-14 – 7-29

Article IV.  Technical Standards, §§ 7-30 - 7-31

Section 8.  Chapter 18 of the Code of Ordinances of the City of Midland is hereby repealed, as follows:

Chapter 18.  PLUMBING CODE

Article I.  In General.  §§ 18-1 – 18-2

Article II.  Amendments to the Uniform Plumbing Code, 1982 Edition,

§§ 18-3 – 18-18. 

Section 9.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Water and Sewer Ordinances

Noel Bush, Director of Utilities, presented information on proposed amendments to the Water and Sewer Ordinances.  Ned Bowden, 4512 Bond Court, spoke in opposition to the readiness-to-serve charges and the residential customers’ charges.  Karl Tomion, City Manager, stated the willingness of the staff to meet with Mr. Bowden and that fee comparisons with other communities will be prepared for the next Council meeting.  The following two ordinance amendments were then presented for consideration.

 


City of Midland Water Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING SECTION 28-2 THROUGH 28-5 OF ARTICLE I, AMENDING SECTION 28-12 OF DIVISION 1, AMENDING SECTIONS 28-45 THROUGH 28-61, AND ADDING SECTIONS 28-62 THROUGH 28-66 OF DIVISION 3, AND REPEALING DIVISION 4, OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Sections 28-2 through 28-5 as set forth below are added to Article I, and Section 28-12 of Division 1, and Sections 28-45 through 28-66, of Division 3, of Article II of Chapter 28, of the Code of Ordinances are hereby amended to read as follows:

ARTICLE I. IN GENERAL

Sec. 28-2. Findings - Water

             a.    Necessity for Potable Water.  The City Council has previously found, and currently reaffirms that the businesses, industries, governmental and charitable agencies and residents located in the City need to have potable and otherwise usable water.

             b.    Availability of Potable Water.  The City Council further has previously found, and currently reaffirms, that the supply of potable water available from private wells within the City is insufficient to assure that all businesses, industries, governmental and charitable agencies, and residents will have sufficient potable water available for their use and other water necessary for industrial and fire prevention and control unless the City offers water to all properties located within the City.

             c.    Method for Measuring Use – Water Supply Services.  Based on advice of its engineers, the City Council has previously found, and currently reaffirms, that the most precise method, given available technology, of measuring the use of the water supply from the System by any user is by a meter or meters installed and controlled by the City.

             d.    Continuation of Service.  The City Council has previously found, and further currently reaffirms that, in order to provide and continue to provide clean potable and other usable water to all customers of the System, in quantities necessary for all varieties of use, it is necessary from time to time to install improvements, enlargements, extensions and repairs to the System. 

             e.    Purpose of Charges. The charges and fees for the use of and connection to the System are hereby established for the purpose of recovering the cost of acquisition, construction, reconstruction, maintenance, repair, and operation of the System and to comply with Federal and State Safe Drinking Water Acts and related regulations, to provide for the payment of principal of and interest on any bonds authorized to be issued as and when the same become due and payable, to create a bond and interest redemption fund therefor, to provide a fund for reasonable and necessary improvements to the System, to provide a fund for equipment replacement and to provide for such other funds as are necessary to meet contractual obligations of the City.  Such charges and fees shall be made in accordance with the purposes herein described as well as the following:

                            (i)     All premises connected directly or indirectly to the System, except as hereinafter provided, shall be charged and shall make payments to the City in amounts computed on the basis of this Chapter.

                            (ii)     The charges, rates and fees for water service by the System are established herein to adequately provide for bond requirements and to ensure that the System does not operate at a deficit. 

                            (iii)    The System staff or designated parties shall periodically review the charges, rates, fees, rules and regulations of the System, which review shall be completed not less than one (1) time per fiscal year.  Results of the review shall be reported to the City Council with recommendations for any adjustments. 

                            (iv)   The charges, rates and fees shall be set so as to recover costs from users in reasonable proportion to the cost of serving those users.

             f.    Proportionality, Fairness, and Benefits of Charges, Rates and Fees.  The City Council has previously found and further currently reaffirms that the fairest and most reasonable method of providing for the operation, maintenance, repair, replacement and improvement of the System is to charge each user, based in all cases on amount of use, for the costs of: (i) retiring debt secured by the net revenues of the System issued to pay for improvements and replacements to the System; (ii) ongoing repair, replacement and improvement and budgeted as part of the annual costs of the System; and (iii) operation, administration and maintenance costs of the System. 

                             The City has investigated several methods of apportioning the costs of the water service provided by the System.  Based on its investigation and on the advice of its engineers, the City Council has previously found, and currently reaffirms, that to ensure the stability and viability of the System for the benefit of its users, the fairest and most accurate way to apportion the costs of operation, maintenance, replacement and improvement of the System is to charge each user: (i) a connection fee and a Capital Charge for water service when such user’s property is first connected to the System; (ii) a commodity rate for the use of water; (iii) a readiness-to-serve charge; and (iv) other charges and costs for services which are equivalent to the cost of providing such services.  The City Council has previously found, and currently reaffirms that the rates and charges currently in effect accurately apportion the fixed and variable costs of the System among the users of the System and that the commodity rate and the readiness-to-serve charges each provide actual benefits to such users in the form of ready access to water service that would be unavailable if such charges were not charged.

                    In addition to the findings set forth above, the City Council has previously found and currently reaffirms that the capital charge reflects the depreciated capital costs of the System, previously paid by the City and the System, less grants, attributable to each new user and that the opportunity to connect to the System provides actual benefits to each new user equal to or greater than the amount of such charges.

                    Furthermore, the City Council has previously found and currently reaffirms that the charges imposed by the System are sufficient to meet the short-term capital improvement needs of the System.

             g.    design Life of Improvements.  Based on the advice of its engineers, the City Council has previously found and currently reaffirms that any improvements to or capital expenditures for the System paid for by rates and charges did not, at the time such improvements were constructed and financed, have an expected design life that would exceed the term of the respective bonds issued to finance such improvements or capital expenditures.

             h.    CHARGES FOR NON-RESIDENTS.

                    Contracts for Water Service  The City has previously entered, and may continue to enter, into contracts with municipalities adjacent to the City, to provide service to users of the Water Supply System located in those municipalities.  Rates and charges billed for use by the residents of those municipalities shall be in accordance with the applicable contract.

                    Charges for Service to Customers Outside City Where No Other Contract Compensates the City for Indirect Costs  The City has previously found, and hereby ratifies and confirms, that the total direct and indirect costs of providing service to customers outside the City jurisdiction, where no other contract exists with the governmental units where those customers are located, equals at least 1.75 times the rates and charges imposed for direct services and debt service cost to customers located in the City.  Indirect costs include payment for capital improvements, extraordinary repairs and replacements for the Water Supply System benefiting all users of the System and paid for by customers served within the corporate limits of the City or the corporate limits of other municipalities which have entered into contracts with the City for such costs, funding depreciation of the improvements to the Water Supply System, and fire and police or other protection for the Water Supply System paid by City taxpayers or by the governmental units with which the City has contracts for water supply.

Sec. 28-3. Establishment of the Water Distribution System.

                             Based on the findings and for the purposes set forth in Section 28-2, the City has previously established and hereby re-establishes the water distribution system, consisting of all water mains, pumping and storage facilities, pressure systems, wells, connections, service pipes, meters, and all other appurtenances to the System.

Sec. 28-4. Findings – Sewer.

             a.    Necessity for Sewage Disposal.  The City Council has previously found, and currently reaffirms, that the use of septic tanks, privies, privy vaults, cesspools, or similar private sewage disposal facilities, may be deleterious to the health, safety and welfare of the businesses, industries, governmental and charitable agencies, and residents of the City and that the health, safety and welfare of the businesses, industries, governmental and charitable agencies and residents is enhanced by the creation of a public sewer system and wastewater treatment plant, with regulation by the City of pollutants and other harmful materials according to state and federal standards.

             b.    Method for Measuring Use – Sewage Disposal Services. Based on advice of its engineers, the City Council has previously found, and currently reaffirms, that the most practical, cost effective and accurate method, given available technology, of measuring the use of the System’s sewers by any user is by the meter or meters used to measure water usage. 

             c.    Continuation of Service.  The City Council has previously found, and further currently reaffirms that, in order to provide and continue to provide for the safe and uninterrupted removal and treatment of sewage, pollutants and other harmful materials, it is necessary from time to time to install improvements, enlargements, extensions and repairs to the System’s sewers and sewer service pipes.

             d.    Purpose of Charges. The charges and fees for the use of and connection to the System are hereby established for the purpose of recovering the cost of acquisition, construction, reconstruction, maintenance, repair, and operation of the System and to comply with Federal and State Safe Drinking Water Acts and related regulations, to provide for the payment of principal of and interest on any bonds authorized to be issued as and when the same become due and payable, to create a bond and interest redemption fund therefor, to provide a fund for reasonable and necessary improvements to the System, to provide a fund for equipment replacement and to provide for such other funds as are necessary to meet contractual obligations of the City.  Such charges and fees shall be made in accordance with the purposes herein described as well as the following:

                            (i)     All premises connected directly or indirectly to the System, except as hereinafter provided, shall be charged and shall make payments to the City in amounts computed on the basis of this Chapter.

                            (ii)     The charges, rates and fees for sewer service by the System are established herein to adequately provide for bond requirements and to ensure that the System does not operate at a deficit. 

                            (iii)    The System staff or designated parties shall periodically review the charges, rates, fees, rules and regulations of the System, which review shall be completed not less than one (1) time per fiscal year.  Results of the review shall be reported to the City Council with recommendations for any adjustments. 

                            (iv)   The charges, rates and fees shall be set so as to recover costs from users in reasonable proportion to the cost of serving those users.

             e.    Proportionality, Fairness, and Benefits of Charges, Rates and Fees.  The City Council has previously found and further currently reaffirms that the fairest and most reasonable method of providing for the operation, maintenance, repair, replacement and improvement of the System is to charge each user, based in all cases on amount of use, for the costs of: (i) retiring debt secured by the net revenues of the System issued to pay for improvements and replacements to the System; (ii) ongoing repair, replacement and improvement and budgeted as part of the annual costs of the System; and (iii) operation, administration and maintenance costs of the System. 

                               The City has investigated several methods of apportioning the costs of the sewage disposal service provided by the System.  Based on its investigation and on the advice of its engineers, the City Council has previously found, and currently reaffirms, that to ensure the stability and viability of the System for the benefit of its users, the fairest and most accurate way to apportion the costs of operation, maintenance, replacement and improvement of the System is to charge each user: (i) a connection fee and a Capital Charge for sewer service when such user’s property is first connected to the System; (ii) a commodity rate for the use of sewer services; (iii) a readiness-to-serve charge; and (iv) other charges and costs for services which are equivalent to the cost of providing such services.  The City Council has previously found, and currently reaffirms that the rates and charges currently in effect accurately apportion the fixed and variable costs of the System among the users of the System and that the commodity rate and the readiness-to-serve charges each provide actual benefits to such users in the form of ready access to sewer service that would be unavailable if such charges were not charged.

                    In addition to the findings set forth above, the City Council has previously found and currently reaffirms that the capital charge reflects the depreciated capital costs of the System, previously paid by the City and the System, less grants, attributable to each new user and that the opportunity to connect to the System provides actual benefits to each new user equal to or greater than the amount of such charges.

                    Furthermore, the City Council has previously found and currently reaffirms that the charges imposed by the System are sufficient to meet the short-term capital improvement needs of the System.

             f.    design Life of Improvements.  Based on the advice of its engineers, the City Council has previously found and currently reaffirms that any improvements to or capital expenditures for the System paid for by rates and charges did not, at the time such improvements were constructed and financed, have an expected design life that would exceed the term of the respective bonds issued to finance such improvements or capital expenditures.

             g.    CHARGES FOR NON-RESIDENTS.

                    Contracts for sewage disposal Services.  The City has previously entered, and may continue to enter, into contracts with municipalities adjacent to the City to provide sewage disposal services in those municipalities.  Rates and charges billed for use by the residents of those municipalities shall be in accordance with the applicable contract.

                    Charges for Service to Customers Outside City Where No Other Contract Compensates the City for Indirect Costs  The City has previously found, and hereby ratifies and confirms, that the total direct and indirect costs of providing sewage disposal service to customers outside the City jurisdiction, where no other contract exists with the governmental units where those customers are located, equals at least 1.75 times the rates and charges imposed for direct services and debt service cost to customers located in the City.  Indirect costs include payment for capital improvements, extraordinary repairs and replacements for the sewage disposal System benefiting all users of the System and paid for by customers served within the corporate limits of the City or the corporate limits of other municipalities which have entered into contracts with the City for such costs, funding depreciation of the improvements to the sewage disposal System, and fire and police or other protection for the sewage disposal System paid by City taxpayers or by the governmental units with which the City has contracts for sewage disposal services.

Sec. 28-5.  Establishment of the sewage disposal system.

          Based on the findings and for the purposes set forth in Section 28-4, the City has previously established and hereby re-establishes the sewage disposal system, consisting of all sewers, interceptors, pipes, treatment facilities and all other appurtenances to the System.

Sec. 28-2-28-11 28-6-28-11. Reserved.

ARTICLE II. WATER

DIVISION 1. GENERALLY

Sec. 28-12. Definitions.

When used in this article, the following terms shall be construed as defined in this section, unless a different definition shall be adopted for any division of this article:

Backflow. Any water entering the public water supply provided by the city due to a reversal of flow.

City treasurer.  The duly appointed officer of the city, or his authorized representative.

Cross connection. A connection or arrangement of piping or appurtenances through which backflow could occur.

Domestic customer.  An individual customer with his own service and external shutoff who is served water for domestic purposes only. This does not include a business, corporation, partnership, etc., which is using water or reselling water to renters or when more than one apartment, business, etc., is served from one meter.

OPERATION AND MAINTENANCE.  THE LABOR, MATERIAL, AND OTHER COSTS INCURRED BY THE PERFORMANCE OF OPERATION AND MAINTENANCE OF A WATER SYSTEM.  

READINESS-TO-SERVE CHARGE.  A CHARGE APPROXIMATELY EQUAL TO THE PROPORTIONAL FIXED COSTS OF THE CITY’S WATER SYSTEM ATTRIBUTABLE TO EACH USER.

Superintendent of water. That duly appointed officer of the city, or his authorized representative.

Water connection or service.  A tap into a water main.

Water extension. That part of the consumer's water supply system extending from the end of the water connection into the premises served and ending at the city's water meter.

Water main. That portion of the water distribution system lying in the public right-of-way and of a size adequate to serve more than one customer.

DIVISION 3. UNFILTERED SERVICE AND EXTENSIONS RATES, CHARGES, BILLING

Sec. 28-45. Definitions.

As used in this division, the following terms shall be construed as set forth in this section.

Midland Branch Lines shall mean that part of the city's unfiltered water supply line of the "Saginaw-Midland Water Supply System," which is located between the Junction Pumping Station and the east city limits of the city.

Water connection shall mean that part of the consumer's water supply system between the Midland Branch Lines and the highway right-of-way line or the city's pipeline right-of-way line.

Sec. 28-46. Contract required for service from branch line.

No individual or organized group of individuals shall be served directly from the Midland Branch Lines with unfiltered water unless such person, or his authorized representative, has first entered into a contract with the city for such service.

Sec. 28-47. Connections after January 1, 1968 to have filtration, distribution system.

There shall be no additional water connections contracted for and installed to the Midland Branch Lines on and after January 1, 1968, unless the consumer provides and maintains a filtration and distribution system as approved by the Michigan Department of Public Health.

Sec. 28-48. Contracts for service--Where connections are one inch or under.

Contracts with individuals for unfiltered water service where the water connections are one inch or under in size shall be approved by the superintendent of water.

Sec. 28-49. Same--Where connections are larger than one inch.

Contracts with individuals or organized groups of individuals for unfiltered water service where the water connections are larger than one inch in size shall be approved by the city council.

Sec. 28-50. Connections-Price.

Unfiltered water connections shall be sold to individual consumers or organized groups of consumers at prices to be determined by the superintendent of water for each individual location. The price of a connection shall include the cost of the branch service connection to the supply main, the corporation stop or valve, the required copper, lead, brass or cast-iron pipe and fittings, the curb stop, service box, meter, meter pit and accessories, highway surface and underground replacements, and the equipment and labor cost of installing the items enumerated in this section.

Sec. 28-51. Same--At specific locations.

Unfiltered water connections to the Midland Branch Line located on Midland Road shall be installed only by the city to serve dwellings or buildings located within one hundred (100) feet from and on properties abutting such line. Water connections to the Midland Branch Line located on North Union Road shall be installed only by the city to serve dwellings or buildings adjoining North Union Road which were existing and completed as of March 1, 1967, or to properties guaranteed water service by right-of-way agreements.

Sec. 28-52. Extension pipe valve.

Unfiltered water extension pipes shall be provided with a valve close to and on the connection side of the meter. This valve shall be round way, and shall be either of the gate type with operating wheel or of the inverted ground key type with tee handle or lever.

Sec. 28-53. Inspection and approval of mains, connections, and extensions.

No part of the unfiltered water main, connection or extension between the Midland Branch Line and any water meter shall be covered until inspected and approved by the superintendent of water, who shall be notified when such construction is ready for inspection.

Sec. 28-54. Water to be metered.

All water taken from the Midland Branch Lines shall be metered.

Sec. 28-55. Place for meter installation.

Persons contracting for unfiltered water service shall provide, at their own expense, a suitable place for the installation of a meter. If in the judgment of the city a meter pit should be constructed, such meter pit shall be constructed in accordance with the provisions of this chapter.

Sec. 28-56. Protection of meter, extension from freezing.

The unfiltered water pipe extension to the meter shall be constructed of the same materials as the connection, and shall be laid at a sufficient depth to prevent freezing.

Secs. 28-57-28-61. Reserved.

Sec. 28-45. City may establish water rates.

The city may classify the users of water service according to the quantities and types of water supplied, and charge such rates to users in each class in proportion to the costs of providing water service to, and according to the benefits received by, such classes of users.

Sec. 28-46. Reserved.

Sec. 28-47. Meters to be used to measure quantity; remote type meters required.

Where water rates are based on quantities supplied, the quantities shall be determined and measured by city water meters. The superintendent of water may require installation of remote type reading meters if the water department is unable to enter a structure to read a customer's water meter, whenever meter replacement is required and for new water service installations. (Ord. No.1012, § 1,2-15-82)

Sec. 28-48. City may estimate consumption when meter fails or when unable to read meter.

In the event that a water meter shall fail to register properly, or the city is unable to gain entry to read the meter, the city is empowered to estimate the quantity of water used on the basis of information available and bill accordingly. (Ord. No.1012, § 1,2-15-82)

Sec. 28-49. Right of entry for inspection, meter reading.

All water service contracts entered into shall give the city's authorized agent authority to enter upon the consumer's premises for the purpose of reading or inspecting a water meter or any piping connected with the consumer's water system.

Sec. 28-50. Deposit for filtered water service; refund.

(a) Deposit required Before any premises may be served with water or sewerage service, a deposit of not less than thirty-five dollars ($35.00) and not more than the amount of an estimated bill for six months' filtered water and sewerage usage for the applicable service, as estimated by the water department, shall be required from all applicants for service when the applicant is not the owner of the premises where the service is provided.

(b) Interest on security deposits. The water department will apply interest to the deposit accounts of all users with security deposits over fifty dollars ($50.00). For deposits exceeding fifty dollars ($50.00), interest at the rate of four (4) percent per annum shall be credited to the customer's account, said interest to be computed annually on all sums that have remained on deposit for six (6) months and to be credited semiannually. Accrued interest due shall be paid at the time the deposit is refunded.

(c) Notification necessary to waive lien. When a tenant is responsible for payment of water and/or sewer bills and a lease has been executed containing a provision that the lessor not be liable for water and/or sewer charges, then it shall be the responsibility of the lessor to so notify the water department office with an appropriate affidavit signed by both parties requesting a waiver or lien.

The affidavit must state: "Tenant is totally responsible for all charges for water and/or sewer service furnished to the said premises by the City of Midland. Tenant understands that no service shall be commenced to the above address until there has been deposited with the city a sum sufficient to cover twice the average quarterly bill with a one hundred ten dollars ($110.00) minimum, and a copy of the lease including the affidavit furnished to the city. Tenant further understands that payment of charges for water and/or sewer service may be enforced by discontinuing the services to the premises." The affidavit shall state the expiration date of the lease. Upon receipt of such notification, the city will waive its lien pursuant to Public Act 178 of the Public Acts of the State of Michigan, or 1939, as amended, and the water and sewer bills to the lessee within the term of the Lease shall not be a lien against the property. Upon expiration of the lease, a new affidavit must be submitted to retain the lien waiver. Without such notification, water and/or sewer bills will be a lien against the property served regardless of any lease provisions between the parties. The water and/or sewer bills shall be in the name of the premises except as provided by this section concerning tenants.

(d) Security deposits in lieu of lien. When the water department has received and approved a request from the property owner for a waiver of lien, then a cash deposit will be required of the lessee as security for payment of all water and/or sewer charges. Said cash deposit shall be equal to two (2) times the estimated quarterly bill for water and/or sewer charges, but in no case, less than one hundred ten dollars ($110.00). (Ord. No.1012, § 2, 2-15-82; Ord. No.1120, § 1, 3-23-87)

Sec. 28-51. When two customers are served by one connection.

In the event one water connection serves two (2) or more customers, the water meter or meters shall be in the name of one individual or organized group of individuals contracting with the city for service, and such individual or organized group of individuals shall be responsible for all water service charges. (Ord. No.1012, § 1,2-15-82)

Sec. 28-52. Filtered water rate generally.

THE CITY'S METHODOLOGY OF ADJUSTING WATER RATES SHALL BE IN ACCORDANCE WITH THE COST OF SERVICE WATER AND SEWER RATE STUDY PREPARED BY THE CITY’S CONSULTANT, PRESENTED TO AND APPROVED BY THE COUNCIL IN 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1) For each one thousand (1,000) gallons used per quarter: $1.00

In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:


Metered

Service                                Amount

5/8"-3/4". . . . . . . . . . . . . . . . . . .$  27.00

 1"        . . . . . . . . . . . . . . . . . . . . .  35.10

1 1/2"   . . . . . . . . . . . . . . . . . . . . .  43.20

2"         . . . . . . . . . . . . . . . . . . . . .  70.20

3"         . . . . . . . . . . . . . . . . . . . . .270.00

4"         . . . . . . . . . . . . . . . . . . . . .351.00

6"         . . . . . . . . . . . . . . . . . . . . .513.00

8"         . . . . . . . . . . . . . . . . . . . . .729.00

(2) Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

(Ord. No.786, § 1,1-10-72; Ord. No.863, § 1,6-2-75; Ord. No.933, § 1,6-12-78; Ord. No.947, § 2,6-18-79; Ord. No.964, § 1,11-9-79; Ord. No.1012, § 1,2-15-82; Ord. No.1099, § 1,2-24-86; Ord. No. 1183, § 1, 10-30-89; Ord. No.1201, § 1, 10-29-90; Ord. No.1225, § 1, 8-26-91; Ord. No.1271, § 2,9-13-93; Ord. No.1296, § 1,6-27-94; Ord. No.1320, § 1,6-12-95; Ord. No.1352, § 1,6-24-96; Ord. No. 1381, § 1,6-16-97; Ord. No.1416, § 1,6-22-98; Ord. No.1453, § 1, 6-21-99)

Sec. 28-53. Rate for filtered water used in construction when meter cannot be used.

(a) For construction work where, due to weather or other conditions, it is impracticable to furnish a temporary meter connection, a minimum charge of forty dollars ($40.00) per service connection shall be made. Water used should be metered or may be estimated by the water department, and the charges shall be one dollar and ten cents ($1.10) per one thousand (1,000) gallons for water used over the first one thousand (1,000) gallons.

(b) Where it is determined by the water department that it is desirable to allow temporary water use from a fire hydrant, permission may be given in writing by the water department. A FORTY DOLLAR ($40.00) minimum charge per service connection shall be paid in advance; and an additional charge of one dollar and ten cents ($1.10) per one thousand (1,000) gallons used, either metered or estimated by the water department, shall be made if the amount of water to be used is estimated to be greater than one thousand (1,000) gallons.

(Ord. No.863, § 2, 6-2-75; Ord. No.933, § 2, 6-12-78; Ord. No.947, § 2, 6-18-79; Ord. No.964, § 1, 11-9-79; Ord. No.1012, § 1, 2-15.82; Ord. No. 1183, § 2, 10-30-89; Ord. No.1210, § 1, 2-18-91)

Sec. 28-54. Use of water from fire hydrant without permission.

It shall be unlawful for any person to use water from a fire hydrant without obtaining permission from the superintendent of water or his designated representative. (Ord. No.1012, § 1, 2-15-82)

Sec. 28-55. Filtered water used for private fire defense.

For water service for private fire defense to private consumers through service connections, filtered water rates shall be determined in accordance with the size of the fire connection as follows:

6" connections, per quarter . . . . . . . . . . . . . . . . . . .. $41.50

8" connections, per quarter . . . . . . . . . . . . . . . . . . ..   66.40

(Ord. No.863, § 3, 6-2-75; Ord. No.933, § 3, 6-12-78; Ord. No.947, § 2, 6-18-79; Ord. No.964, § 1, 11-9-79; Ord. No.1012, § 1, 2-15-82; Ord. No. 1183, § 3, 10-30-89; Ord. No.1271, § 3, 9-13-93)


Sec. 28-56. Quarterly assessment, collection.

Charges for both filtered and unfiltered water consumed inside and outside the city shall be assessed and collected in four (4) Quarterly periods, or more often if circumstances require.

Sec. 28-57. Reading, billing date, remote reading registers.

(a) Water meters shall be read as nearly as possible within twenty (20) days of the end of each quarter, and the water charge shall be billed to the customers within forty (40) days of the end of each quarter.

(b) The customer may at his option, request to have a water meter with a remote reading register installed so that the meter may be read from outside the building. The superintendent of water may require a remote reading meter register for new services, or whenever meter replacement is required, or when unable to gain entry to read the meter.  The cost for customer-requested remote reading meters shall be seven dollars and fifty cents ($7.50) for each meter. It may be paid in advance or added to the water bill.

(c) In the event of a discrepancy between the readings on the water meter and the remote register, the consumption as shown on the water meter shall be used in calculating the billing or as otherwise provided for in this chapter. (Ord. No.806, § 1, 2-5-72; Ord. No.1012, § 1, 2-15-82; Ord. No.1120, § 1, 3-23-87)

Sec. 28-58. Computation of monthly billing.

Water service billed monthly shall be computed so that the total cost per quarter shall be the same as if billed quarterly.

Sec. 28-59. Payment of bills, charges, etc.

Payment of all water and sewer bills, charges, fees and deposits for water service shall be made to the city treasurer.

Sec. 28-60. When water bills are due and payable.

All water bills shall be due and payable at the office of the city treasurer in the city hall on or before the date shown on the bill which shall be not less than fifty (50) nor more than sixty (60) days after the end of the quarter for which such bills are issued. (Ord. No. 1012, § 1, 2-15-82)

Sec. 28-61. When water service may be discontinued.

The city may discontinue water service for failure to comply with all ordinances, rules or regulations of the city relating to water use or for nonpayment of water rates and charges. When a water bill remains unpaid for more than thirty (30) days after its due date, water services to the premises shall be discontinued until such account is paid.

Sec. 28-62. Enforcement of collection of water charges by assumpsit.

The payment of the charges for services and for filtered and unfiltered water supplied may be enforced by an action of assumpsit instituted in the name of the city against such user.

Sec. 28-63. Unpaid fILtered water charges to be a lien; collection.

BY sECTION 21 OF aCT 94, mICHIGAN pUBLIC aCTS OF 1933, AS AMENDED, bills for water service shall constitute a lien on the premises affected. The City shall certify those rates and charges delinquent for six (6) months or more to the City tax assessing officer, who shall enter the amount of the delinquent rates and charges on the tax roll against the premises to which the service was rendered, and shall collect the rates and charges and enforce the lien in the same manner as provided for the collection of ad valorem property taxes assessed upon the same roll, or as otherwise provided by this chapter.

Sec. 28-64. Reinstating water service; charge.

Water service which has been discontinued for the nonpayment of water bills or charges due the city shall not be reinstated except upon the prepayment of a service charge of twelve dollars and fifty cents ($12.50). There shall be an additional charge for reinstating service during other than normal working hours, based on the costs incurred. The service charge shall be added to the water bill. (Ord. No.1012, § 1, 2-15-82; Ord. No.1183, § 4, 10-30-89)

Sec. 28-65. City to assume no responsibility for leaks in service beyond the meter.

The city will assume no responsibility for excessive water bills caused by a leak in the water service beyond the water meter.

SeC. 28-66. City to pay for water.

The city shall pay, out of the appropriate general funds, the reasonable cost and value of the filtered and unfiltered water services rendered to, and the water supplied to, the city by the city water system, on the basis of the schedule of rates and amounts of water used by the several city departments.

Section 2.  Division 4, of Article II of Chapter 28, of the Code of Ordinances is hereby repealed.

DIVISION 4.  RATES, CHARGES, BILLING

Sec. 28-62. City may establish water rates.

The city may classify the users of water according to the quantities and types of water supplied, and charge such rates to users in each class as it may deem reasonable.

Sec. 28-63. Purpose of water rates.

In order to pay the cost of acquisition, construction, operation and maintenance of the extensions, additions, and enlargement of the water system of the City of Midland, as is more fully set forth in any ordinances authorizing water system construction, enlargement, and maintenance, it is hereby determined that the charges for services rendered and water supplied by the water system shall be assessed against and payment thereof shall be collected from each beneficiary being served or supplied, on the basis of a schedule of rates applicable to the classes of service rendered or the amount of water supplied. Such rates shall be fixed and revised from time to time as may be necessary and the city and its city council shall maintain such rates for services and water supplied by such water system as shall be sufficient to provide for all operating expenses of such system, required repairs and maintenance thereof, and the due payment of all the indebtedness.

Sec. 28-64. Meters to be used to measure quantity; remote type meters required.

Where water rates are based on quantities supplied, the quantities shall be determined and measured by city water meters. The superintendent of water may require installation of remote type reading meters if the water department is unable to enter a structure to read a customer's water meter, whenever meter replacement is required and for new water service installations. (Ord. No.1012, § 1,2-15-82)

Sec. 28-65. City may estimate consumption when meter fails or when unable to read meter.

In the event that a water meter shall fail to register properly, or the city is unable to gain entry to read the meter, the city is empowered to estimate the quantity of water used on the basis of information available and bill accordingly. (Ord. No.1012, § 1,2-15-82)

Sec. 28-66. Right of entry for inspection, meter reading.

All water service contracts entered into shall give the city's authorized agent authority to enter upon the consumer's premises for the purpose of reading or inspecting a water meter or any piping connected with the consumer's water system.

Sec. 28-67. Deposit for filtered water service; refund.

(a) Deposit required Before any premises may be served with water or sewerage service, a deposit of not less than thirty-five dollars ($35.00) and not more than the amount of an estimated bill for six months' filtered water and sewerage usage for the applicable service, as estimated by the water department, shall be required from all applicants for service when the applicant is not the owner of the premises where the service is provided.

(b) Interest on security deposits. The water department will apply interest to the deposit accounts of all users with security deposits over fifty dollars ($50.00). For deposits exceeding fifty dollars ($50.00), interest at the rate of four (4) percent per annum shall be credited to the customer's account, said interest to be computed annually on all sums that have remained on deposit for six (6) months and to be credited semiannually. Accrued interest due shall be paid at the time the deposit is refunded.

(c) Notification necessary to waive lien. When a tenant is responsible for payment of water and/or sewer bills and a lease has been executed containing a provision that the lessor not be liable for water and/or sewer charges, then it shall be the responsibility of the lessor to so notify the water department office with an appropriate affidavit signed by both parties requesting a waiver or lien.

The affidavit must state: "Tenant is totally responsible for all charges for water and/or sewer service furnished to the said premises by the City of Midland. Tenant understands that no service shall be commenced to the above address until there has been deposited with the city a sum sufficient to cover twice the average quarterly bill with a one hundred ten dollars ($110.00) minimum, and a copy of the lease including the affidavit furnished to the city. Tenant further understands that payment of charges for water and/or sewer service may be enforced by discontinuing the services to the premises." The affidavit shall state the expiration date of the lease. Upon receipt of such notification, the city will waive its lien pursuant to Public Act 178 of the Public Acts of the State of Michigan, or 1939, as amended, and the water and sewer bills to the lessee within the term of the ease shall not be a lien against the property. Upon expiration of the lease, a new affidavit must be submitted to retain the lien waiver. Without such notification, water and/or sewer bills will be a lien against the property served regardless of any lease provisions between the parties. The water and/or sewer bills shall be in the name of the premises except as provided by this section concerning tenants.

(d) Security deposits in lieu of lien. When the water department has received and approved a request from the property owner for a waiver of lien, then a cash deposit will be required of the lessee as security for payment of all water and/or sewer charges. Said cash deposit shall be equal to two (2) times the estimated quarterly bill for water and/or sewer charges, but in no case, less than one hundred ten dollars ($110.00). (Ord. No.1012, § 2, 2-15-82; Ord. No.1120, § 1, 3-23-87)

Sec. 28-68. Deposit for unfiltered water service; refund.

Contracts for unfiltered water service where the service is one inch or under in size shall require a deposit of twenty-five dollars $25.00) as a guarantee for prompt payment of bills. For such connections larger than one inch, the person serviced shall deposit such amount as the city council shall prescribe. Four (4) percent interest shall be paid on such deposits. Refunds will be made when all bills are paid, and the service to such person is discontinued.

Sec. 28-69. When two customers are served by one connection.

In the event one water connection serves two (2) or more customers, the water meter or meters shall be in the name of one individual or organized group of individuals contracting with the city for service, and such individual or organized group of individuals shall be responsible for all water service charges. (Ord. No.1012, § 1,2-15-82)

Sec. 28-70. Filtered water rate generally.

All filtered water bills shall be calculated according to the following:

(1) For each one thousand (1,000) gallons used per quarter: $1.00

In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered

Service                                                Amount

5/8"-3/4". . . . . . . . . . . . . . . . . . .$  27.00

 1"        . . . . . . . . . . . . . . . . . . . . .. 35.10

1/2"      . . . . . . . . . . . . . . . . . . . . .. 43.20

2"         . . . . . . . . . . . . . . . . . . . . .. 70.20

3"         . . . . . . . . . . . . . . . . . . . . . 270.00

4"         . . . . . . . . . . . . . . . . . . . . . 351.00

6"         . . . . . . . . . . . . . . . . . . . . . 513.00

8"         . . . . . . . . . . . . . . . . . . . . . 729.00

(2) Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

(Ord. No.786, § 1,1-10-72; Ord. No.863, § 1,6-2-75; Ord. No.933, § 1,6-12-78; Ord. No.947, § 2,6-18-79; Ord. No.964, § 1,11-9-79; Ord. No.1012, § 1,2-15-82; Ord. No.1099, § 1,2-24-86; Ord. No. 1183, § 1, 10-30-89; Ord. No.1201, § 1, 10-29-90; Ord. No.1225, § 1, 8-26-91; Ord. No.1271, § 2,9-13-93; Ord. No.1296, § 1,6-27-94; Ord. No.1320, § 1,6-12-95; Ord. No.1352, § 1,6-24-96; Ord. No. 1381, § 1,6-16-97; Ord. No.1416, § 1,6-22-98; Ord. No.1453, § 1, 6-21-99)

Sec. 28-71. Rate for filtered water used in construction when meter cannot be used.

(a) For construction work where, due to weather or other conditions, it is impracticable to furnish a temporary meter connection, a minimum charge of forty dollars ($40.00) per service connection shall be made. Water used should be metered or may be estimated by the water department, and the charges shall be one dollar and ten cents ($1.10) per one thousand (1,000) gallons for water used over the first one thousand (1,000) gallons.

(b) Where it is determined by the water department that it is desirable to allow temporary water use from a fire hydrant, permission may be given in writing by the water department. A forty-dollar minimum charge per service connection shall be paid in advance; and an additional charge of one dollar and ten cents ($1.10) per one thousand (1,000) gallons used, either metered or estimated by the water department, shall be made if the amount of water to be used is estimated to be greater than one thousand (1,000) gallons.

(Ord. No.863, § 2, 6-2-75; Ord. No.933, § 2, 6-12-78; Ord. No.947, § 2, 6-18-79; Ord. No.964, § 1, 11-9-79; Ord. No.1012, § 1, 2-15.82; Ord. No. 1183, § 2, 10-30-89; Ord. No.1210, § 1, 2-18-91)

Sec. 28-72. Use of water from fire hydrant without permission.

It shall be unlawful for any person to use water from a fire hydrant without obtaining permission from the superintendent of water or his designated representative. (Ord. No.1012, § 1, 2-15-82)

Sec. 28-73. Filtered water used for private fire defense.

For water service for private fire defense to private consumers through service connections, filtered water rates shall be determined in accordance with the size of the fire connection as follows:

6" connections, per quarter . . . . . . . . . . . . . . . . . . .. $41.50

8" connections, per quarter . . . . . . . . . . . . . . . . . . ..   66.40

(Ord. No.863, § 3, 6-2-75; Ord. No.933, § 3, 6-12-78; Ord. No.947, § 2, 6-18-79; Ord. No.964, § 1, 11-9-79; Ord. No.1012, § 1, 2-15-82; Ord. No. 1183, § 3, 10-30-89; Ord. No.1271, § 3, 9-13-93)

Sec. 28-74. Rates for unfiltered water delivered inside city.

(1) The net rates for the sale of unfiltered water set forth in this section shall apply to service supplied from the Midland branch lines inside the city.

For the first 25,000 gallons used per quarter, per

1,000 gallons . . . . . . . . . . . . . . . . . . . . .$ 1.00

For the next 50,000 gallons used per quarter, per

1,000 gallons. . . . . . . . . . . . . . . . . . . . . . . . 0.92

For the next 925,000 gallons used per quarter, per

1,000 gallons. . . . . . . . . . . . . . . . . . . . . . . . 0.82

For all over 1,000,000 gallons used per quarter, per

1,000 gallons. . . . . . . . . . . . . . . . . . . . . . . . 0.72

In addition to the above rates for use of water, there shall be a readiness-to-serve charge per quarter on metered service as follows:

5/8"-3/4" metered service . . . . . . . . . . . .$   7.06

1 1/4" metered service. . . . . . . . . . . . . ..   12.87

1 1/2" metered service . . . . . . . . . . . . . ..   20.76

2" metered service. . . . . . . . . . . . . . . . ..   33.20

3" metered service. . . . . . . . . . . . . . . . ..   66.43

4" metered service. . . . . . . . . . . . . . . . .. 107.94

6" metered service. . . . . . . . . . . . . . . . .. 207.60

8" metered service. . . . . . . . . . . . . . . . .. 423.49

(2) The minimum net quarterly bill shall be four dollars and sixty-two cents ($4.62), plus the readiness-to-serve charge.

(3) Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the due date shown on the bills. (Ord. No.786, § 2,1-10-72; Ord. No.863, § 4,6-2-75; Ord. No.933, § 4,6-12-78; Ord. No.947, § 2,6-18-79; Ord. No.964, § 1,11-9-79; Ord. No.1012, § 1, 2-15-82)

Sec. 28-75. Rates for unfiltered water delivered outside the city.

All unfiltered water delivered outside the city shall be billed according to the following rate and service charge:

(1) The following net rates for the sale of unfiltered water shall apply to service supplied from the Midland branch lines:

For the first 300,00 gallons used per quarter, per

            1,000 gallons . . . . . . . . . . . . . . . . . .$ 1.41

For the next 700,000 gallons used per quarter, per

1,000 gallons. . . . . . . . . . . . . . . . ..  1.10

For all over 1,000,000 gallons used per quarter, per

1,000 gallons. . . . . . . . . . . . . . . . ..  0.95

In addition to the above rates for use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

5/8" metered service. . . . . . .  . . . . . . . . . . . .$  10.82

3/4" metered service. . . . . . .  . . . . . . . . . . . .    12.47

1" metered service . . . . . . . . . . . . . . . . . . . .    16.63

1 1/2" metered service. . . . . . . . . . . . . . . . . .    33.26

2" metered service. . . . . . . . . . . . . . . . . . . . .    49.90

3" metered service. . . . . . . . . . . . . . . . . . . . .    91.48

4" metered service. . . . . . . . . . . . . . . . . . . . .  137.21

6" metered service. . . . . . . . . . . . . . . . . . . . .  274.43

8" metered service. . . . . . . . . . . . . . . . . . . . .  503.12

12" metered service. . . . . . . . . . . . . . . . . . . .  839.92

(2) Gross rates shall be ten (10) per cent greater than the above schedule of rates and shall be charged for water service paid for after the due date shown on the bills.

(3) The minimum net quarter shall be thirty-three dollars ($33.00) per quarter. (Ord. No.863, § 5, 6-2-75; Ord. No.933, § 5, 6-12-78; Ord. No.947, § 2, 6-18-79; Ord. No.964, § 1, 11-9-79; Ord. No.1012, § 1,2-15-82)

Sec. 28-76. Quarterly assessment, collection.

Charges for both filtered and unfiltered water consumed inside and outside the city shall be assessed and collected in four (4) Quarterly periods, or more often if circumstances require.

Sec. 28-77. Reading, billing date, remote reading registers.

(a) Water meters shall be read as nearly as possible within twenty (20) days of the end of each quarter, and the water charge shall be billed to the customers within forty (40) days of the end of each quarter.

(b) The customer may at his option, request to have a water meter with a remote reading register installed so that the meter may be read from outside the building. The superintendent of water may require a remote reading meter register for new services, or whenever meter replacement is required, or when unable to gain entry to read the meter. The cost for customer-requested remote reading meters shall be seven dollars and fifty cents ($7.50) for each meter. It may be paid in advance or added to the water bill.

(c) In the event of a discrepancy between the readings on the water meter and the remote register, the consumption as shown on the water meter shall be used in calculating the billing or as otherwise provided for in this chapter. (Ord. No.806, § 1, 2-5-72; Ord. No.1012, § 1, 2-15-82; Ord. No.1120, § 1, 3-23-87)

Sec. 28-78. Computation of monthly billing.

Water service billed monthly shall be computed so that the total cost per quarter shall be the same as if billed quarterly.


Sec. 28-79. Payment of bills, charges, etc.

Payment of all water and sewer bills, charges, fees and deposits for water service shall be made to the city treasurer.

Sec. 28-80. When water bills are due and payable.

All water bills shall be due and payable at the office of the city treasurer in the city hall on or before the date shown on the bill which shall be not less than fifty (50) nor more than sixty (60) days after the end of the quarter for which such bills are issued. (Ord. No. 1012, § 1, 2-15-82)

Sec. 28-81. When water service may be discontinued.

The city may discontinue water service for failure to comply with all ordinances, rules or regulations of the city relating to water use or for nonpayment of water rates and charges. When a water bill remains unpaid for more than thirty (30) days after its due date, water services to the premises shall be discontinued until such account is paid.

Sec. 28-82. Enforcement of collection of water charges by assumpsit.

The payment of the charges for services and for filtered and unfiltered water supplied may be enforced by an action of assumpsit instituted in the name of the city against such user.

Sec. 28-83. Unpaid fi1tered water charges to be a lien; collection.

Unpaid filtered water charges shall constitute a lien on the property served by the water connections; and if not paid within ninety (90) days of the billing date, such debt shall be collected in the same manner as general city taxes or as otherwise provided by this chapter.

Sec. 28-84. Reinstating water service; charge.

Water service which has been discontinued for the nonpayment of water bills or charges due the city shall not be reinstated except upon the prepayment of a service charge of twelve dollars and fifty cents ($12.50). There shall be an additional charge for reinstating service during other than normal working hours, based on the costs incurred. The service charge shall be added to the water bill. (Ord. No.1012, § 1, 2-15-82; Ord. No.1183, § 4, 10-30-89)

Sec. 28-85. City to assume no responsibility for leaks in service beyond the meter.

The city will assume no responsibility for excessive water bills caused by a leak in the water service beyond the water meter.

Sec. 28-86. City to pay for water.

The city shall pay, out of the appropriate general funds, the reasonable cost and value of the filtered and unfiltered water services rendered to, and the water supplied to, the city by the city water system, on the basis of the schedule of rates and amounts of water used by the several city departments.

Secs. 28-87--28-97. Reserved.

Section 3.  All ordinances and resolutions, or parts of ordinances and resolutions, which conflict with this ordinance, are hereby repealed to the extent of such conflict; provided, however, that this section shall not operate to repeal any provision or any prior ordinance or resolution adopted by the City, the repeal of which would impair the obligation of the City or the System with regard to any outstanding bonds of the City secured by a lien on the net revenues of the System.

Section 4.  Each section of this Ordinance, and every paragraph of each section is hereby declared to be separable and the holding of any section or paragraph thereof to be void, ineffective or unconstitutional for any cause shall not affect any other section or part thereof.

Section 5.    This ordinance shall take effect July 25, 2001.  (Motion adopted.  Considered first reading.)

 

City of Midland Sewer Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Council Member Currie and seconded by Council Member Coppage:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-102 OF DIVISION 1 AND SECTIONS 28-161 THROUGH 28-163 AND SECTION 28-167 OF DIVISION 3, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-102 of Division 1 and Sections 28-161 through 28-163 and Section 28-167 of Division 3, of Article III of Chapter 28 of the Code of Ordinances are hereby amended to read as follows:

ARTICLE III. SEWERS AND SEWAGE DISPOSAL

DIVISION 1. GENERALLY

Sec. 28-102. Definitions.

When used in this article, the following terms shall be construed as defined in this section, unless a different definition shall be adopted for any division of this chapter.

Act or "the act". The Federal Water Pollution Control Act (P.A. 92-500), also known as the Clean Water Act, as amended, 33 U. S.C. 1251, et seq.

Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)), as determined by "Standard Methods."

Board. Sewer Board of Appeals.

Building sewer. A sewer conveying wastewater from the premises of a user to the public sewer, and not owned or maintained by the City of Midland.

Categorical Standards. National categorical pretreatment standards or pretreatment standard.

City. The City of Midland or the city council of Midland.

Code. City of Midland Code of Ordinances.

Combined sewer. A sewer intended to serve as a sanitary sewer and a storm sewer.

Compatible pollutant. Materials of acceptable concentration designated by biochemical oxygen demand, pH, fecal coliform bacteria, suspended solids, phosphorus or other pollutants as designated by the director of utilities.

Cooling water. The water discharged from any use such as air conditioning, cooling or refrigeration, and to which the only pollutant added is heat.

Department. City of Midland Utilities Department generally and Wastewater Division specifically.

Direct discharge. The discharge of treated or untreated wastewater directly into the waters of the State of Michigan, without first having been treated by the POTW.

Director. The director of utilities for the City of Midland, or his duly authorized representative(s).

Director of utilities. The person designated by the city manager to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative(s).

Discharge. Spilling, leaking, seeping, pumping, pouring, emitting, emptying, dumping or depositing.

Domestic user. Those users that discharge normal domestic waste from residential living units and resulting from the day-to-day activities usually considered to be carried out in a domicile. Discharges from other users to be considered normal domestic waste shall be of the same nature and strength and have the same flow rate characteristics thereof.

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.

Garbage. The wastes from the preparation, cooking and dispensing of food or from handling, storage and sale of produce.

Grab sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

Ground water. The water beneath the surface of the ground, whether or not flowing through known or definite channels.

Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

Incompatible pollutants. All pollutants not defined as compatible.

Indirect discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the act (33 U.S.C. 1317), into and through the POTW.

Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the act.

National categorical pretreatment standard or pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the act (33 U.S.C. 1347) which applies to a specific category of industrial users.

National pollutant discharge elimination system (NPDES). A national permit program established by the Federal Water Pollution Control Act Amendment of 1972 (Public Law 92-500) requiring all municipalities, industries and commercial enterprises that discharge to surface watercourses to have NPDES permits approved by the U.S. EPA and in Michigan the Water Resources Commission by December 31, 1974.

National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of Section 307(b) of the act and 40 CFR, Section 403.5.

Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New sources. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a new source performance standard which will be applicable to such source, if standard is thereinafter promulgated in accordance with Section 306(a) of the Clean Water Act.

Nondomestic user. Those users discharging other than normal domestic waste.

Normal domestic waste. User discharges to the City of Midland POTW in which concentrations of suspended solids, five-day BOD, and phosphorus are three hundred (300), three hundred fifty (350), and thirteen (13), respectively, at the point of discharge to the POTW.

Oil. Oil of any kind, in any form including, but not limited to, petroleum, fuel oil, sludge and oil refuse, gasoline, grease, and oil mixed with waste.

Other waste. Garbage, refuse, decayed wood, bark and other wood debris, wastes from industrial processes, and other substances which are not included within the definition of pollutant.

OPERATION AND MAINTENANCE.  THE LABOR, MATERIAL, AND OTHER COSTS INCURRED BY THE PERFORMANCE OF OPERATION AND MAINTENANCE OF A SEWER SYSTEM.  

Owner. The owners or owner of the freehold of the premises or lesser estate therein, a mortgage or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property, or his duly authorized agent.

Party (person). Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

Permittee, permit holder. Any person who owns, operates, possesses or controls an establishment or plant being operated under a valid wastewater contribution permit to discharge waste in to the city POTW.

pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Phosphorus (total). As defined and determined by "Standard Methods."

Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, oils, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

Pollution. The placing of any noxious or deleterious substance in any waters of the state in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or aquatic life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

POTW treatment plant. That portion of the POTW designed to provide treatment to wastewater.

Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR, Section 403.6(d).

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

Private sewage disposal system. A system for pretreatment of sewage by any means, designed to treat wastewater prior to discharge to the POTW.

Public sewer. A sewer that is owned and maintained by the City of Midland.

Publicly owned treatment works (POTW). A treatment works as defined by Section 212 of the act (33 U. S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, except those pipes, sewers or other conveyances connected to a facility providing pretreatment or a building sewer. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

READINESS-TO-SERVE CHARGE.  A CHARGE APPROXIMATELY EQUAL TO THE PROPORTIONAL FIXED COSTS OF THE CITY’S WATER SYSTEM ATTRIBUTABLE TO EACH USER.

Sanitary sewer. A sewer intended to carry only sanitary or sanitary and industrial wastewaters from residential and commercial buildings, industrial plants, or institutions.

Shall is mandatory; may is permissive.

Standard Methods. The most recent edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Association, a copy of which is on file in the office of the director.

Standard industrial classification (SIC). A classification pursuant to the "Standard Industrial Classification Manual," issued by the Executive Office of the President, Office of Management and Budget, 1972.

State. State of Michigan.

Storm sewer. A sewer intended to carry only storm waters, surface runoff, street wash water, sub-soil drainage, and noncontact cooling water.

Storm water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

Surcharge. As applies to this chapter, that charge levied on users of the POTW resulting from user contributions of nondomestic waste to the POTW or a charge to the user by the city to recover costs, of and by the city, for accepting and treating a user contribution in lieu of user pretreatment of nondomestic waste.

Surface waters. Water upon the surface of the earth, whether contained in bounds created naturally or artificially, or diffused.

Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering as determined by "Standard Methods."

Toxic pollutant. Any pollutant or combination of pollutants that are determined to be toxic or are listed as toxic in regulations promulgated by the administrator of the environmental protection agency under the provision of the CWA 307{a) or other acts.

User. Any person, establishment, or owner who discharges any domestic or nondomestic sewage or waste into the POTW system of the city or any system connected thereto.

User charge. A charge levied on the users of the POTW for the normal cost of operation, maintenance and replacement of such works.

Wastewater. The liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is discharged into the POTW.

Wastewater contribution permit. As set forth in this chapter, a permit issued by the city to nondomestic users of the POTW.

Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

DIVISION 3. RATES

Sec. 28-161.  Purpose of sewer rates, charges.

It is hereby declared to be the purpose and intent of this division that revenues from the sewer rates and charges shall be used to pay all operation and maintenance expenses of the wastewater treatment plant, its appurtenances and extensions and to pay a portion of the principal and interest on all bonds of the city issued for the purpose of financing the construction of such plant required to treat wastewaters received and protect the public health and waters of the state.

Sec. 28-161. City May Establish Sewer Rates.

The city may classify the users of sewage disposal service according to the quantities and types of water used by such users, and charge such rates to users in each class in proportion to the costs of providing sewage disposal service to, and according to the benefits received by, such classes of users.

Sec. 28-162.  Levy of sewer charges. RESERVED.

Bills for sewer services shall be levied upon each lot, parcel of land, building, or premises in the city connected or accessible to the public sanitary sewer in accordance with this division.

Sec. 28-163. Amount of sewer charge.

THE CITY'S METHODOLOGY OF ADJUSTING SEWER RATES SHALL BE IN ACCORDANCE WITH THE COST OF SERVICE WATER AND SEWER RATE STUDY PREPARED BY THE CITY’S CONSULTANT, PRESENTED TO AND APPROVED BY THE COUNCIL IN 1993 and shall be in conformity with the findings set forth in section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

     Metered Service

Current

Proposed

5/8" - 3/4"  . . . . . . . . . . . . . . . . . . . . . . .

$  23.85

$28.52

1" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31.02

37.08

1-1/2" . . . . . . . . . . . . . . . . . . . . . . . . . . .

38.16

45.64

2" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62.01

74.16

3" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

238.50

285.20

4" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

310.05

370.76

6" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

453.15

541.88

8" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

643.95

770.04

 (2) In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service which will be calculated as follows:

For each 1,000 gallons of water used per quarter: $1.22

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Sec. 28-167. Enforcement of payment of sewer bill.

The water department is hereby authorized to enforce the payment of sewer service bills by shutting off the user’s water supply, or an action by assumpsit may be instituted by the city against such user.  Moreover, bills for sewer services shall constitute a lien on the premises affected, and if not paid within ninety (90) days, such bills may be presented to the city council, which, after due notice to the owner of the premises so affected, may assess the amount so found to be due as a tax against such premises, and the same shall be certified to the city assessor who shall place such amount on the tax roll of the city.  Such charges shall be collected in the same manner as general city taxes. 

The water department is hereby authorized to enforce the payment of sewer service bills by shutting off the user’s water supply, or an action by assumpsit may be instituted by the city against such user.  Moreover, BY sECTION 21 OF aCT 94, mICHIGAN pUBLIC aCTS OF 1933, AS AMENDED, bills for sewer services shall constitute a lien on the premises affected. The City shall certify those rates and charges delinquent for six (6) months or more to the City tax assessing officer, who shall enter the amount of the delinquent rates and charges on the tax roll against the premises to which the service was rendered, and shall collect the rates and charges and enforce the lien in the same manner as provided for the collection of ad valorem property taxes assessed upon the same roll, or as otherwise provided by this chapter.

Section 2.  All ordinances and resolutions, or parts of ordinances and resolutions, which conflict with this ordinance, are hereby repealed to the extent of such conflict; provided, however, that this section shall not operate to repeal any provision or any prior ordinance or resolution adopted by the City, the repeal of which would impair the obligation of the City or the System with regard to any outstanding bonds of the City secured by a lien on the net revenues of the System.

Section 3.  Each section of this Ordinance, and every paragraph of each section is hereby declared to be separable and the holding of any section or paragraph thereof to be void, ineffective or unconstitutional for any cause shall not affect any other section or part thereof.

Section 4.    This ordinance shall take effect July 25, 2001.  (Motion adopted.  Considered first reading.)

 

Site Plan No. 206 – Convenience Store/Gas Station/Car Wash at 4816 Bay City Road

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 206 at 4816 Bay City Road.  John Costa of Grainger Associates spoke in support of the site plan.  Kim Blanchard of RPF Oil, spoke on the self-serve, automated car wash.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag: 

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 206, the request of Grainger Associates, on behalf of RPF Oil Company, for site plan review and approval of a 3,590 square foot convenience store/gas station/car wash at 4816 Bay City Road (the southwest corner of Bay City Road and Rockwell Drive, with the following conditions:

1.    The Rockwell Drive access is to be relocated approximately 20 feet south so as to align with the travel aisle between the pump canopy and the building.

2.    The property owner will retain the right to provide a future physical connection, if determined desirable, to the site at the northwest corner.

3.    An easement for utilization of the off-site stormwater retention basin is to be provided.

4.    Stormwater facility design and retention calculations are to be approved by the Engineering Department.

5.    Site lighting will not impinge on adjacent properties; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 206, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 206, in accord with the drawing dated as received May 28, 2001, with the conditions cited above.  (Motion adopted.)

 


Warranty Deed – Widening of Joe Mann Boulevard

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, the City of Midland desires to widen Joe Mann Boulevard at the southwest corner of Jefferson Avenue and that additional road right of way is required to widen said intersection; now therefore

RESOLVED, that the attached Warranty Deed from Chemical Bank and Trust Company acting as Trustee for Donald B. Carlsen and Janet C. Carlsen to the City of Midland, for the widening of Joe Mann Boulevard at the southwest corner of Jefferson Avenue, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Warranty Deed is ordered recorded; and

RESOLVED FURTHER, that payment to Chemical Bank and Trust Company acting as Trustee for Donald B. Carlsen and Janet C. Carlsen in the amount of $14,240 is hereby approved.  (Motion adopted.)

 

Voting Delegates for MML Annual Business Meeting

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

RESOLVED, that R. Drummond Black, Mayor, is designated as a voting delegate and Marty A. Wazbinski, Mayor Pro Tem, is designated as an alternate voting delegate from the City of Midland to the September 12, 2001, business session of the Annual Business Meeting of the Michigan Municipal League.  (Motion adopted.)

 

Amending Spread on the July 2001 Tax Roll of Certain Special Assessments

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, at its regular meeting held on Monday, June 11, 2001, the City Council adopted a resolution authorizing the City Assessor to spread various special assessment amounts upon the July 2001 tax roll; and

WHEREAS, further review of the special assessment totals has revealed that certain of the amounts as originally spread now require adjustment; now therefore

RESOLVED, that the City Assessor is hereby authorized and instructed to spread the following amended Special Assessments upon the July 2001 tax roll:

Street Improvement Rolls

             1994 Street Improvement                                                                   $    4,387.57

             1996 Street Improvement                                                                       17,229.32

             1997 Street Improvement                                                                       20,099.89

             1999 Street Improvement                                                                         3,115.35  

                        Subtotal Street Improvement Rolls                                          $  44,832.13

Sanitary Sewer Improvement Rolls

             1994 Sanitary Sewer Improvement                                                    $    3,495.53

             1996 Sanitary Sewer Improvement                                                          9,073.57                           1997 Sanitary Sewer Improvement                                                                              25,141.55

             1998 Sanitary Sewer Improvement                                                          2,940.52

             2000 Sanitary Sewer Improvement                                                          4,929.27

                        Subtotal Sanitary Sewer Improvement Rolls                            $ 45,580.44

Water Main Improvement Rolls

             1995 Water Main Improvement                                                          $    1,308.84

             1996 Water Main Improvement                                                              21,986.90

             1997 Water Main Improvement                                                              10,768.61

             1998 Water Main Improvement                                                              27,559.43

             1999 Water Main Improvement                                                                3,698.78

                        Subtotal Water Main Improvement Rolls                                 $  65,322.56

Sidewalk Improvement Rolls

             1995 Sidewalk Improvement                                                             $        322.65

             1996 Sidewalk Improvement                                                                    6,111.31

             1997 Sidewalk Improvement                                                                    2,118.97

             1998 Sidewalk Improvement                                                                    3,357.94  

             2000 Sidewalk Improvement                                                                    1,722.91

                        Subtotal Sidewalk Improvement Rolls                                    $   13,633.78

2001 Downtown Economic Revitalization Roll (SARA)                                 $   36,021.93

Accounts Receivable Roll                                                                              $   12,893.87

TOTAL SPECIAL ASSESSMENT ROLL                                                       $ 218,284.71

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2001 General Fund Tax Roll Accounts Receivable.  (Motion adopted.)

 

2001 Local Street Reconstruction; Contract No. 9 – Change Order No. 1

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, on May 21, 2001, City Council awarded a contract to Pyramid Paving Company of Essexville, Michigan for the 2001 Local Street Reconstruction, Contract No. 9 for the reconstruction of East Park Drive, North Parkway and Revere Street; and

WHEREAS, during the reconstruction of East Park Drive and Revere Streets, an old concrete pavement was encountered under the existing pavement from Main Street to 700 feet northerly and the storm sewers are in poor condition and require replacement from Ellsworth Street to north of Sayre Street; and

WHEREAS, the summary amount of contract changes increases the project cost by  $45,418.00; and

WHEREAS, funding for this work will be provided by the Local Street Fund; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Local Street Reconstruction, Contract No. 9, in the amount of a $45,418.00.  (Motion adopted.)

 

Payment – Contracted Legal Services (MCV Tax Appeal)

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid have been utilized in assisting the City of Midland in its legal defense of said appeal; and

WHEREAS, on May 7, 2001, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $1,150,000; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2001-2002 General Fund Budget; now therefore

RESOLVED, the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and


RESOLVED FURTHER, that authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $2,000,000.  (Motion adopted.)

 

Payment – Appraisal Services (MCV Tax Appeal)

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates have been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on March 5, 2001, Council authorized payments to Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates for the aforementioned services in a total amount not to exceed $1,355,000; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2001-2002 General Fund Budget; now therefore

RESOLVED, all of the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $2,500,000.  (Motion adopted.)

 

Stage Lighting System - Library

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Stage Lighting Equipment and Electrical Installation of Stage Lighting System for the auditorium located in the Grace A. Dow Memorial Library; and

WHEREAS, funding for this project was approved in the 2000/2001 Grace A. Dow Memorial Library budget and will be requested to be encumbered in the 2001/2002 fiscal year; now therefore

RESOLVED, that the sealed proposals for Bid No. 2491 for Stage Lighting Equipment and Bid No. 2492 for Electrical Installation of Stage Lighting System at the Grace A. Dow Memorial Library for the following be accepted and the necessary purchase orders authorized:  Standard Electric Co. - $10,777.00, Tobins Lake Studio - $5,400.00, BMI Supply - $11,733.03, and France Electric Inc. - $14,400.00.  (Motion adopted.)

 

Library Automation Services

Melissa Barnard, Library Director, presented information on the request to waive competitive bids and purchase automated services from the Valley Library Consortium.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2001/2002 requirements for on-line automation services, including membership, terminal port connections, filtering software, phone notification and records database maintenance for the automated acquisition, catalog and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $119,000.  (Motion adopted.)

 

Purchase – Personal Computer Hardware and Software

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Personal Computer hardware and software; and

WHEREAS, funds have been budgeted in the 2001-2002 Information Services Investment in Assets budget for Personal Computer hardware and software purchases; now therefore

RESOLVED, that the City Council hereby accepts the sealed bids meeting the City’s specifications submitted by Dell Computer Corporation of Round Rock, Texas in the amount of $25,974.00 for Personal Computer hardware and software, Dictating Machine Service of Saginaw, Michigan which total $25,513.00 for Personal Computer hardware, Entre’ Computer Center of Mt. Pleasant, Michigan which total $12,408.12 for Personal Computer hardware and software, and Innovative Technologies of Saginaw, Michigan which total $2,562.00 for Personal Computer hardware and authorizes purchase orders to be issued.  (Motion adopted.)

 

Purchase – Water Meters

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, the City standardized water meters in 1987, selecting Invensys Water Meters through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed proposals (Bid No. 2486) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Invensys Water Meters for new and replacement meters; and

WHEREAS, funding for all meters is provided through the Inventory Account; now therefore

RESOLVED, that the lone sealed proposal submitted by Etna Supply Company of Grand Rapids, Michigan, for the amounts indicated, with prices in effect July 1, 2001 through June 30, 2002, not to exceed $120,000 for inventory purchases, is accepted and purchase orders authorized.  (Motion adopted.)

 

Zoning Petition No. 479

The following resolution was offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 13, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail notice of said public hearing to owners of real property originally notified of the Planning Commission public hearing regarding the matter.


ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN INDUSTRIAL A ZONING CLASSIFICATION WHERE A BUSINESS C DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Lots 6, 7, 8, 9, 10, 16, 17, 18, and 22, and the North half of Lots 20, 21, and 23, all in Block A of Plumer’s Addition to the City of Midland,

be, and the same is hereby changed to an Industrial A District.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Being no further business the meeting adjourned at 9:45 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk