August 9, 2004

 

A regular meeting of the City Council was held on Monday, August 9, 2004, 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.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the July 19, 2004 special and regular meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

STUDENTS FROM SISTER CITY HANDA, JAPAN

Mayor Black welcomed the visiting students form Midland’s Sister City, Handa, Japan.  Sister City Committee Chairman Roger Gohrband spoke about the exchange program and introduced the students.

 

WEST MAIN STREET HISTORIC DISTRICT GUIDELINES

Assistant City Manager Jon Lynch presented an overview and history of the West Main Street Historic District, including the new guidelines recently introduced for reviewing work within the district.  A public hearing opened at 7:41 p.m.  Terri Applegate, acting Chair of the West Main Street Historic District Commission (HDC) and property owner in the historic district, spoke in support of the revised guidelines and continuance of the HDC.  Randy Swierzbin, member of the HDC, responded to Council questions regarding HDC activities and spoke in support of the revised guidelines and continuance of the HDC.  Don Beckwith, former member of the HDC, spoke on the original intent of the HDC to preserve the district’s historical significance to Midland.  He also stated he supports the HDC and feels the members serving on the HDC should be residents of the district.  Coleen Fulks, 2705 Whitewood Drive, spoke in support of city government playing a key role in preserving a community’s historical significance.  Rick Gross, 608 W. Main Street, spoke on behalf of himself and his wife Donna, expressing support for retaining the historic district.  Bob Maughon, 601 W. Main Street, spoke in support of retaining the historic district.  Sue McKellar, a member of the HDC, spoke in support of the revised guidelines and the HDC.  Jean Cronin, 505 W. Main Street, spoke in support of the guidelines and the work being done by the HDC.  Don Beckwith spoke again regarding the original HDC and its much larger district.  The hearing closed at 9:00 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in April 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Article 7 of Chapter 5 of the Midland Code of Ordinances which establishes the District; and

WHEREAS, on March 10, 2003 the City Council adopted a resolution directing the West Main Street Historic District Commission (HDC) to promptly consider the opinion from the State Historic Preservation Office (SHPO) upon its availability and offer a recommendation regarding delegating authority for issuance of certificates of appropriateness to the Chief Building Official; and

WHEREAS, on October 23, 2003 the HDC found that the proposed delegation of authority to the Chief Building Official would jeopardize availability of state tax credit incentives and therefore requested an opportunity to meet with the SHPO to discuss the recommendations to reach agreement on delegation of authority language acceptable to SHPO, the HDC, and City staff before final action is taken by the City Council; and

WHEREAS, on April 16, 2004 the representatives from the HDC attended a meeting with the State Historic Preservation Office (SHPO) to review acceptable language; and

WHEREAS, based on that meeting the HDC has recommended adoption of the revised guidelines; now therefore

RESOLVED, that the City Council hereby accepts revised guidelines for the City of Midland West Main Street Historic District.  (Motion ADOPTED.)

 

Council recessed at 9:20 p.m. and resumed the meeting at 9:30 p.m.

 

Mayor Black took the remainder of the agenda items in the following order:  Item 5, 4, 3, and 16.  For the purpose of the minutes, information will remain in its original order as listed on the agenda. 

 

2004-05 GENERAL FUND BUDGET AMENDMENT – SPECIAL PROGRAM ACTIVITIES

Fiscal Services Director David Keenan presented a resolution to amend revenues and expenditures in the 2004-05 General Fund budget by $10,000 to provide for special program activities not anticipated during the budget adoption process.  A public hearing opened at 10:12 p.m., no comments were made, the hearing closed at 10:12 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, July 12, 2004, on the proposal to amend the General Fund’s 2004-05 budget to provide additional revenue and expenditures in the amount of $10,000 for special program activities not identified during the inception of the 2004-05 budget; now therefore

RESOLVED, that the General Funds 2004-05 budget is amended by increasing revenues from special programs by $10,000 and increasing appropriations for special programs by $10,000.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No comments were made.

 

SITE PLAN NO. 242

Assistant City Manager Jon Lynch presented information on Site Plan No. 242, construction of a retail building on Joe Mann Boulevard and Cinema Drive.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 242, the request of Webcon Construction Company to construct a 15,600 square foot retail building on 1.5 acres located south of Joe Mann Boulevard and west of Cinema Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 242 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. 242, contingent upon the following:

1.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

2.         Illumination is not cast off site.

3.         Sidewalk is constructed along Joe Mann Boulevard and Cinema Drive.

4.         The southeast driveway is restricted to right turns in and out.

5.         The boulevard island is altered to align the gap with the west driveway.

6.         Parallel parking spaces are lengthened to 24’.

7.         “Box” style parking space delineation is utilized.

8.         Traffic circulation around the building will be one-way in a counter-clockwise direction.

9.         The southwest corner of the structure will be shortened 10’ in the north and east directions.

(Motion ADOPTED.)

 

LETTER OF INTENT FOR NEW CIVIC ARENA

Department of Public Services Director Martin McGuire presented a report on the award of bid for construction of the Civic Arena project and a review of the proposed timeline for construction.  Paula Jurado, 4623 Washington Street, inquired about whether or not a sand floor would be utilized for the third rink.  Martin McGuire indicated the sand floor would not be utilized.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on January 12, 2004, City Council authorized staff to proceed to design and bid a three-rink ice facility for construction on a site near Bay City Road and Rockwell Drive; and

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the construction of the facility, Bid No. 2782; and

WHEREAS, Three Rivers Corporation of Midland, Michigan submitted the low bid meeting specifications of $8,300,000; and

WHEREAS, bonds to support partial funding of the project have not yet been sold; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute a “letter of intent” as drafted by the City Attorney with Three Rivers Corporation confirming the City’s intent to enter a contract with Three Rivers Corporation contingent on specified factors contained therein.  (Motion adopted.)

 

CIVIC ARENA BOND AUTHORIZATION

Fiscal Services Director David Keenan presented a report and resolution on the issuance of Limited Tax General Obligation Bonds for the Civic Arena construction project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Issuer does hereby determine that it is necessary to acquire and construct certain capital improvement items consisting of a civic arena together with all necessary related appurtenances and attachments therefor (the “Project”);  and

WHEREAS, the cost of the Project is estimated to be not less that Six Million Five Hundred Thousand Dollars ($6,500,000); and

WHEREAS, to finance the cost of the Project, the City Council deems it necessary to borrow the principal sum of Six Million Five Hundred Thousand Dollars ($6,500,000) and issue capital improvement bonds pursuant to Act 34, Public Acts of Michigan, 2001 (“Act 34”), to pay all or part of the cost of the Project; and

WHEREAS, a notice of intent was published in accordance with Act 34  which provides that the capital improvement bonds may be issued without a vote of the electors of the Issuer unless a proper petition for an election on the question of the issuance of the bonds is filed with the City Clerk within a period of forty-five (45) days from the date of publication, and

WHEREAS, no petition for referendum was timely filed.

NOW, THEREFORE, BE IT RESOLVED THAT:

      1.    Authorization of Bonds; Bond Terms.  Bonds of the Issuer designated LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2004 (the “Bonds”) are authorized to be issued in the aggregate principal sum of not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) for the purpose of paying all or part of the cost of the Project, including the costs incidental to the issuance, sale and delivery of the Bonds.  The issue shall consist of bonds in fully-registered form of the denomination of $5,000, or multiples thereof not exceeding for each maturity the maximum principal amount of that maturity, numbered consecutively in order of registration, dated as of September 1, 2004.  The Bonds shall bear interest, mature, and be payable at the times and in the manner set forth in Sections 6 and 7 hereof.

The Bonds shall be subject to redemption prior to maturity in the manner and at the times and prices set forth in Sections 6 and 7 hereof.

Interest shall be payable to the registered owner of record as of the 15th day of the month prior to the payment date for each interest payment.  The record date of determination of registered owner for purposes of payment of interest as provided in this paragraph may be changed by the Issuer to conform to market practice in the future.  Interest shall be payable to the registered owner of record as of the 15th day of the month preceding the payment date for each interest payment.  The principal of the Bonds shall be payable upon presentation and surrender to the Transfer Agent (as defined below).

Unless waived by any registered owner of Bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the Issuer.  Such notice shall be dated and shall contain at a minimum the following information:  original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption) the called amounts of each certificate; the place where the Bonds called for redemption are to be surrendered for payment; and that interest on the Bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date.

In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein.

The Bonds shall be issued in book-entry only form through The Depository Trust Company in New York, New York (“DTC”) and the City Manager and Finance Director are each authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry only form and to make such changes in the Bond Form within the parameters of this resolution as may be required to accomplish the foregoing.

A bank or financial institution shall be appointed to serve as bond registrar, paying agent and transfer agent (the “Transfer Agent”) for this issue. Such appointment shall be confirmed in the published Official Notice of Sale for the Bonds.  The Issuer reserves the right to replace the Transfer Agent at any time upon written notice to the registered owners of record of the Bonds not less than sixty (60) days prior to an interest payment date.

      2.    Execution of Bonds.  The Bonds of this issue shall be executed in the name of the Issuer with the facsimile signatures of the Mayor and the Clerk of the Issuer and shall have the seal of the Issuer, or a facsimile thereof, printed or impressed on the Bonds.  No Bond shall be valid until authenticated by an authorized officer or representative of the Transfer Agent.  The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the Transfer Agent to the purchaser or other person in accordance with instructions from the  Treasurer of the Issuer upon payment of the purchase price for the Bonds in accordance with the bid therefor when accepted.

      3.    Transfer of Bonds.  The Transfer Agent shall keep the books of registration for this issue on behalf of the Issuer.  Any Bond may be transferred upon such registration books by the registered owner of record, in person or by the registered owner’s duly authorized attorney, upon surrender of the Bond for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Transfer Agent.  Whenever any Bond or Bonds shall be surrendered for transfer, the Issuer shall execute and the Transfer Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount.  The Transfer Agent shall require the payment by the bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the transfer.

      4.    Limited Tax Pledge; Debt Retirement Fund; Defeasance of Bonds.  The Issuer hereby pledges its limited tax full faith and credit for the prompt payment of the Bonds.  The Issuer shall each year budget the amount of the debt service coming due in the next fiscal year on the principal of and interest on the Bonds and shall advance as a first budget obligation from its general funds available therefor, or, if necessary, levy taxes upon all taxable property in the Issuer subject to applicable constitutional, statutory and charter tax rate limitations, such sums as may be necessary to pay such debt service in said fiscal year.

The Treasurer is authorized and directed to open a depositary account with a bank or trust company designated by the City Council, to be designated 2004 LIMITED TAX GENERAL OBLIGATION BONDS DEBT RETIREMENT FUND (the “Debt Retirement Fund”), the moneys to be deposited into the Debt Retirement Fund to be specifically earmarked and used solely for the purpose of paying principal of and interest on the Bonds as they mature.

In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the Bonds, shall be deposited in trust, this resolution shall be defeased and the owners of the Bonds shall have no further rights under this resolution except to receive payment of the principal of, premium, if any, and interest on the Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein.

      5.    Construction Fund; Proceeds of Bond Sale.  The Treasurer is authorized and directed to open a separate depositary account with a bank or trust company designated by the City Council, to be designated  LIMITED TAX GENERAL OBLIGATION BONDS CONSTRUCTION FUND (the “Construction Fund”) and deposit into said Construction Fund the proceeds of the Bonds less accrued interest and premium, if any, which shall be deposited into the Debt Retirement Fund.  The moneys in the Construction Fund shall be used solely to pay the costs of the Project and the costs of issuance of the Bonds.

      6.    Bond Form.  The Bonds shall be in substantially the following form:

UNITED STATES OF AMERICA

STATE OF MICHIGAN

COUNTIES OF MIDLAND AND BAY

CITY OF MIDLAND

LIMITED TAX GENERAL OBLIGATION BONDS

SERIES 2004

Interest                                    Maturity                                    Date of

Rate                                        Date                                        Original Issue              CUSIP

_________ 1, ____                

Registered Owner:

Principal Amount:                                                                                                                    Dollars

The City of Midland, Counties of Midland and Bay, State of Michigan (the “Issuer”), acknowledges itself to owe and for value received hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, in lawful money of the United States of America, on the Maturity Date specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue specified above or such later date to which interest has been paid, until paid, at the Interest Rate per annum specified above, first payable on May 1, 2005 and semiannually thereafter.  Principal of this bond is payable at the designated office of ______________________________________,____________, Michigan, or such other transfer agent as the Issuer may hereafter designate by notice mailed to the registered owner not less than sixty (60) days prior to any interest payment date (the “Transfer Agent”).  Interest on this bond is payable to the registered owner of record as of the fifteenth (15th) day of the month preceding the interest payment date as shown on the registration books of the Issuer kept by the Transfer Agent by check or draft mailed to the registered owner of record at the registered address.  For prompt payment of this bond, both principal and interest, the full faith, credit and resources of the Issuer are hereby irrevocably pledged.

This bond is one of a series of bonds aggregating the principal sum of $6,500,000, issued for the purpose of paying all or part of the cost of certain capital improvements for the Issuer.  This bond is issued under the provisions of Act 34, Public Acts of Michigan, 2001, and a duly adopted resolution of the Issuer.

Bonds of this issue maturing in the years 2006 to 2014, inclusive, shall not be subject to redemption prior to maturity.  Bonds or portions of bonds of this issue in multiples of $5,000 maturing in the years 2015 and thereafter, shall be subject to redemption prior to maturity, at the option of the Issuer, in any order of maturity and by lot within any maturity, on any date on or after May 1, 2014, at par and accrued interest to the date fixed for redemption.

In case less than the full amount of an outstanding bond is called for redemption, the Transfer Agent, upon presentation of the bond called in part for redemption, shall register, authenticate and deliver to the registered owner of record a new bond in the principal amount of the portion of the original bond not called for redemption.

Notice of redemption shall be given to the registered owner of any bond or portion thereof called for redemption by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered address of the registered owner of record.  A bond or portion thereof so called for redemption shall not bear interest after the date fixed for redemption provided funds are on hand with the Transfer Agent to redeem said bond or portion thereof.

This bond is transferable only upon the registration books of the Issuer kept by the Transfer Agent by the registered owner of record in person, or by the registered owner’s attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or the registered owner’s attorney duly authorized in writing, and thereupon a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing this bond and upon the payment of the charges, if any, therein prescribed.

This bond, including the interest thereon, is payable as a first budget obligation from the general funds of the Issuer, and the Issuer is required, if necessary, to levy ad valorem taxes on all taxable property in the Issuer for the payment thereof, subject to applicable constitutional and statutory tax rate limitations.

It is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of the Issuer, including this bond, does not exceed any constitutional and  statutory debt limitation.

This bond is not valid or obligatory for any purpose until the Transfer Agent’s Certificate of Authentication on this bond has been executed by the Transfer Agent.

IN WITNESS WHEREOF, the Issuer, by its City Council, has caused this bond to be signed in the name of the Issuer by the facsimile signatures of its Mayor and Clerk and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue.

                                                            CITY OF MIDLAND

Counties of Midland and Bay

State of Michigan

By _________[facsimile]_________

Its Mayor

(SEAL)

By _________[facsimile]__________

Its Clerk

 (Form of Transfer Agent’s Certificate of Authentication)

DATE OF AUTHENTICATION:

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described in the within-mentioned resolution.

Transfer Agent

By ______________________

   Authorized Signatory

Bond printer to insert form of assignment]

      7.    Notice of Sale.  The City Clerk is authorized to  upon receipt of notice of qualified status under Act 34 fix a date of sale for the Bonds; and  publish notice of sale of the Bonds in The Bond Buyer, New York, New York, which notice of sale shall be in substantially the following form:

OFFICIAL NOTICE OF SALE

$6,500,000

CITY OF MIDLAND

COUNTIES OF MIDLAND AND BAY, STATE OF MICHIGAN

LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2004

SEALED OR FAXED BIDS:  Bidders may submit bids for the purchase of the above bonds as follows:

SEALED BIDS will be received by the undersigned at the Offices of the City Clerk located at 333 W. Ellsworth Street, Midland, Michigan 48641 on Monday, the 23rd day of August, 2004 until __:00 _.m., Eastern Daylight Savings Time, at which time and place said bids will be publicly opened and read.

FAXED BIDS:  Signed bids may be submitted at the offices of the City at (989) 835-2717, or by members of The Municipal Advisory Council of Michigan to the Municipal Advisory Council of Michigan at (313) 963-0943,  provided that faxed bids must arrive before the time of sale and the bidder bears all risks of transmission failure and the GOOD FAITH DEPOSIT MUST BE MADE AND RECEIVED as described in the section contained “GOOD FAITH” below.

ELECTRONIC BIDS: Electronic bids will also be received on the same date and until the same time by Bidcomp/Parity as agent of the undersigned.  Further information about Bidcomp/Parity, including any fee charged, may be obtained from Bidcomp/Parity, Anthony Leyden or CLIENT SERVICES, 40 West 23rd Street, New York, New York 10010, (212) 404-8102.  NO ELECTRONIC BID WILL BE ACCEPTED UNLESS THE BIDDER HAS SUBMITTED A FINANCIAL SURETY BOND OR A CERTIFIED OR CASHIERS CHECK IN THE AMOUNT DESCRIBED IN THE SECTION CAPTIONED “GOOD FAITH” BELOW.  IF ANY PROVISIONS OF THIS NOTICE OF SALE SHALL CONFLICT WITH INFORMATION PROVIDED BY BIDCOMP/PARITY, AS THE APPROVED PROVIDER OF ELECTRONIC BIDDING SERVICES, THIS NOTICE OF SALE SHALL CONTROL.

Bidders may choose any means or location to present bids but a bidder may not present a bid in more than one location or by more than one means.

BOND DETAILS:  The bonds will be registered bonds of the denomination of $5,000 or multiples thereof not exceeding for each maturity the maximum principal amount of that maturity, originally dated as of September 1, 2004, numbered in order of registration, and will bear interest from their date payable on May 1, 2005, and semiannually thereafter.

The bonds will mature on the 1st day of May in each of the years, as follows:

Year

Amount

YEAR

AMOUNT

 2006

$445,000

2018

$205,000

2007

470,000

2019

215,000

2008

490,000

2020

225,000

2009

135,000

2021

240,000

2010

145,000

2022

250,000

2011

150,000

2023

260,000

2012

160,000

2024

275,000

2013

165,000

2025

285,000

2014

175,000

2026

300,000

2015

180,000

2027

315,000

2016

190,000

2028

325,000

2017

200,000

2029

340,000

 

 

2030

360,000

TERM BOND OPTION:  Bids for the Bonds may be converted into one or more Term Bonds having mandatory sinking fund redemptions equal to the serial maturities maturing in the years 2016 through 2030.  In the event there is an election to exercise the Term Bond option true interest costs as determined shall be calculated by applying the interest rate of such Term Bond to each mandatory sinking fund redemption for such Term Bonds.  The winning bidder must exercise such election within twenty four hours of the time of sale of the Bonds.

PRIOR REDEMPTION OF BONDS:  Bonds maturing in the years 2006 to 2014, inclusive, shall not be subject to redemption prior to maturity.  Bonds or portions of bonds in multiples of $5,000 maturing in the years 2015 and thereafter, shall be subject to redemption prior to maturity, at the option of the City, in any order of maturity and by lot within any maturity, on any date on or after May 1, 2014, at par and accrued interest to the date fixed for redemption.

In case less than the full amount of an outstanding bond is called for redemption, the transfer agent, upon presentation of the bond called for redemption, shall register, authenticate and deliver to the registered owner of record a new bond in the principal amount of the portion of the original bond not called for redemption.

Notice of redemption shall be given to the registered owner of any bond or portion thereof called for redemption by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered address of the registered owner of record.  A bond or portion thereof so called for redemption shall not bear interest after the date fixed for redemption provided funds are on hand with the transfer agent to redeem said bond or portion thereof.

INTEREST RATE AND BIDDING DETAILS:  The bonds shall bear interest at rate or rates not exceeding 7% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both.  The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate.  The interest rate for each serial or term maturity shall be equal to or greater than the preceding serial or term bond maturity.  No proposal for the purchase of less than all of the bonds or at a price less than 98.5% of their par value will be considered.

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

 TRANSFER AGENT AND REGISTRATION:  Principal shall be payable at the principal corporate trust office of ___________________________,__________, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner of record not less than 60 days prior to an interest payment date.  Interest shall be paid by check mailed to the registered owner of record as shown on the registration books of the City as of the 15th day prior to an interest payment date.  The bonds will be transferred only upon the registration books of the City kept by the transfer agent.

PURPOSE AND SECURITY:  The bonds are authorized for the purpose of paying all or part of the cost of certain capital improvements together with all necessary appurtenances and attachments therefor in the City.  The bonds will be a first budget obligation of the City, payable as a first budget obligation from the general funds of the City including the collection of ad valorem taxes on all taxable property in the City subject to applicable constitutional and statutory tax rate limitations.  The rights or remedies of bondholders may be affected by bankruptcy insolvency, fraudulent conveyance or other laws affecting creditors’ rights generally now existing or hereafter enacted and by the application of general principles of equity including those relating to equitable subordination.

GOOD FAITH:  A certified or cashier’s check drawn upon an incorporated bank or trust company or a Financial Surety Bond, in the amount of $130,000, and payable to the order of the Treasurer of the City is required for each bid as a guaranty of good faith on the part of the bidder, to be forfeited as a portion of the City’s damages if such bid be accepted and the bidder fails to take up and pay for the bonds.  If a check is used, it must accompany each bid.  If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Michigan and such Bond must be submitted to the City’s financial advisor at least one hour prior to the opening of the bids.  The Financial Surety Bond must identify each bidder whose good faith deposit is guaranteed by such Financial Surety Bond.  If the bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser (the “Purchaser”) is required to submit its good faith deposit to the City in the form of a cashier’s check (or wire transfer such amount as instructed by the City not later than Noon, Eastern Daylight Savings Time, on the next business day following the award.  If such good faith deposit is not received by that time, the Financial Surety Bond may be drawn upon by the City to satisfy the good faith deposit requirement.  The good faith deposit will be applied to the purchase price of the bonds.  In the event the purchaser fails to honor its accepted bid, the good faith deposit will be retained by the City.  No interest shall be allowed on the good faith check and checks of the unsuccessful bidders will be returned to each bidder’s representative or by overnight delivery.  The good faith check of the successful bidder will be cashed and payment for the balance of the purchase price of the bonds shall be made at the closing.

AWARD OF BONDS:  The bonds will be awarded to the bidder whose bid produces the lowest true interest cost determined in the following manner: the lowest true interest cost will be the single interest rate (compounded on May 1, 2005 and semi annually thereafter) necessary to discount the debt service payments from their respective payment dates to September 1, 2004, in an amount equal to the bid price, excluding accrued interest.

TAX MATTERS:  In the opinion of bond counsel, assuming compliance with certain covenants, interest on the bonds is excluded from gross income for federal income tax purposes as described in the opinion, and the bonds and interest thereon are exempt from all taxation in the State of Michigan except inheritance and estate taxes and taxes on gains realized from the sale, payment or other disposition thereof.  The successful bidder will be required to furnish, prior to the delivery of the bonds, a certificate in a form acceptable to bond counsel as to the “issue price” of the bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986.

“QUALIFIED TAX EXEMPT OBLIGATIONS”:  The City has designated the bonds as “qualified tax exempt obligations” for purposes of deduction of interest by financial institutions.

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

DELIVERY OF BONDS:  The City will furnish bonds ready for execution at its expense.  Bonds will be delivered without expense to the purchaser at Detroit, Michigan, or such other place to be agreed upon.  The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of delivery of the bonds.  If the bonds are not tendered for delivery by twelve o’clock noon, Eastern Daylight Savings Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit.  Payment for the bonds shall be made in Federal Reserve Funds.  Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery.

CUSIP NUMBERS:  It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract.  All expenses in relation to the printing of CUSIP numbers on the bonds shall be paid for by the Issuer; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid for by the purchaser.

OFFICIAL STATEMENT:  A copy of the Official Statement relating to the Bonds may be obtained by contacting Stauder, Barch & Associates, Inc., 3989 Research Park Drive, Ann Arbor, Michigan 48108, telephone number: (734) 668-6688, fax: (734)-668-6723.  The Official Statement is in a form deemed final by the Issuer for purposes of paragraph (b)(1) of SEC Rule 15c2-12 (the "Rule"), but is subject to revision, amendment and completion in a final Official Statement.

After the award of the bonds, the Issuer will provide on a timely basis a reasonable number of copies of the final Official Statement, as that term is defined in paragraph (e)(3) of the rule, at the expense of the Issuer (and such additional copies of the final Official Statement as reasonably requested by, and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.  Requests for such additional copies of the final Official Statement shall be made to Stauder, Barch & Associates, Inc., at the above address within 24 hours of the award of the bonds.

 CONTINUING DISCLOSURE:  As described in greater detail in the Official Statement, the Issuer will agree in the resolution to provide or cause to be provided, in accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and exchange Commission, (i) on or prior to the lst day of the sixth month following the end of the fiscal year of the City, commencing with the fiscal year ending June 30, 2004, certain annual financial information and operating data, including audited financial statements for the preceding fiscal year, (or if audited financial statements are not available, unaudited financial statements) generally consistent with the information contained or cross-referenced in the Official Statement relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect to the Bonds and (iii) timely notice of a failure by the City to provide the required annual financial information on or before the date specified in (i) above.

FINANCIAL CONSULTANT:  Further information relating to the bonds may be obtained from Stauder, Barch & Associates, Inc. at the above address and telephone number.

THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.

ENVELOPES containing the bids should be plainly marked “Proposal for Limited Tax General Obligation Bonds, Series 2004.”

Selina Tisdale

Clerk

City of Midland

      8.    Tax Covenant; Qualified Tax Exempt Obligations.  The Issuer shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Code”), including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditures and investment of Bond proceeds and moneys deemed to be Bond proceeds.  The Issuer hereby designates the Bonds as “qualified tax exempt obligations” for purposes of deduction of interest expense by financial institutions pursuant to the Code

      9.    Period of Usefulness.     The period of usefulness of the Project is herby estimated to be not less than twenty six (26) years.

      10.  Authorization of Other Actions.  The City Manager, the City Clerk and the Finance Director each is authorized to take all other actions necessary or advisable including the purchase of municipal bond insurance, and to make such other filings with the Michigan Department of Treasury, bond insurers or with other parties, to enable the sale and delivery of the Bonds as contemplated herein. 

      11. Continuing Disclosure.  The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the “Rule”) and appoints the City Finance Director as its “Disclosure Representative” in accordance with the Rule.  The City Finance Director be and is hereby directed to undertake disclosure in accordance with the Rule.

      12.  Rescission.  All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion ADOPTED.)

 

ST. ANDREWS WATER MAIN EASEMENT AGREEMENT

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

 

RESOLVED, that the attached Easement Agreement from Midland Public Schools, to the City of Midland, for part of the Right of Way required to construct a water main along St. Andrews Road from Sugnet Road to 520 feet north in Section 10, T. 14 N., R. 2 E., is hereby accepted and that the Mayor and City Clerk are authorized to sign said agreement and that it is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT FOR UTILITY MAINTENANCE (PNACEK)

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

 

RESOLVED, that the attached easement agreement between F/A Pnacek, LTD. and the City of Midland, for maintenance of public sanitary sewers and public water mains north of Joseph Drive through a parcel of land in the Southwest ¼ of Section 34, Township 15 North, Range 2 East, City of Midland, Midland County, State of Michigan, is hereby accepted and that the easements are ordered recorded.  (Motion ADOPTED.)

 

PAPER MOON – DECLARATION OF ENCROACHMENT

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

 

WHEREAS, Mrs. Susan McKellar owner of the Paper Moon store located at 510 S. Saginaw Road desires to renovate and beautify the building storefront; and

WHEREAS, currently the existing brick face of the store encroaches the right of way of Saginaw Road by a few inches; and

WHEREAS, the proposed renovation would increase the encroachment to a distance of approximately 6 inches; now therefore 

RESOLVED, that the 6 inch encroachment along the storefront facing Saginaw Road is allowed; and

RESOLVED FURTHER, that the City Attorney is hereby directed to prepare an Affidavit and Declaration of Encroachment that allows the encroachment and indemnifies the City of Midland; and

RESOLVED FURTHER, that this recognition of encroachment does not authorize the property owner to expand or enlarge the encroachment in the future beyond the 6 inch distance and that the property owner has no claims to City street; and

RESOLVED FURTHER, that the City Attorney is hereby directed to take actions necessary to record this resolution so that it will appear in the chain of title for 510 S. Saginaw Road.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-16

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

 

RESOLVED, that Traffic Control Order No. P-04-16 filed May 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Whitman Drive from Atwell Street to St. Charles Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-17

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

 

RESOLVED, that Traffic Control Order No. P-04-17 filed June 3, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Swede Avenue from Plymouth Street to 160 feet north and south of Plymouth Street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-18

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

 

RESOLVED, that Traffic Control Order No. P-04-18 filed June 3, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Swede Avenue from Hillgrove Parkway to 200 feet north and south of Hillgrove Parkway.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-04-02

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

 

RESOLVED, that Traffic Control Order No. R-04-02 filed May 17, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Sugnet Road between N. Saginaw Road and Washington Street shall be 30 m.p.h.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-04-05

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

 

RESOLVED, that Traffic Control Order No. R-04-05 filed May 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Whitman Drive between Atwell Street and St. Charles Street shall be 35 m.p.h.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-04-03

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

 

RESOLVED, that Traffic Control Order No. S-04-03 filed May 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the St. Charles Ball Diamond exit shall stop for Whitman Drive.

is hereby made permanent. (Motion ADOPTED.)

 

ANNEXATION FROM HOMER TWP (ELLIS)

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN T14N R1E LOT 15 STARK’S SUBDIVISION

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

ANNEXATION FROM HOMER TWP (MILLER)

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN T14N R1E COMMENCING AT THE NORTHEAST CORNER OF OUTLOT A, STARK’S SUBDIVISION THENCE WEST 202.92 FT, THENCE SOUTH TO SOUTH LINE OF OUTLOT A, THENCE EAST 204.28 FT., THENCE NORTH 202.4 FT TO BEGINNING

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

DECKER’S LOUNGE LIQUOR LICENSE

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

 

RESOLVED, That the request from DECKER’S LOUNGE, LLC TO TRANSFER OWNERSHIP OF 2004 CLASS C LICENSED BUSINESS, LOCATED AT 402 E. ELLSWORTH, MIDLAND, MI  48640, MIDLAND COUNTY, FROM JAMES B. DECKER, AND REQUEST A NEW ENTERTAINMENT PERMIT (EXCLUDES TOPLESS ACTIVITY) be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

LANDFILL OPERATING LICENSE

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

 

RESOLVED, that the Operating License for the City of Midland Landfill, issued by the Michigan Department of Environmental Quality, Waste and Hazardous Materials Division, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

MUNICIPAL EMPLOYEES RETIREMENT SYSTEM ANNUAL MEETING

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

RESOLVED, that Dennis D. Morgan be appointed officer delegate and David A. Keenan be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 21 through 23, 2004, in Grand Rapids, Michigan.  (Motion ADOPTED.)

 

MML ANNUAL BUSINESS MEETING

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

 

RESOLVED, that R. Drummond Black, Mayor, is designated as a voting delegate and Bruce A. Johnson, Mayor Pro Tem, is designated as an alternate voting delegate from the City of Midland to the September 30, 2004, business session of the Annual Business Meeting of the Michigan Municipal League.  (Motion ADOPTED.)

 

TRUSTEES OF THE MML WORKERS’ COMPENSATION FUND

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

 

RESOLVED, that the City Manager is hereby authorized and instructed to complete the official ballot of the Michigan Municipal League Workers’ Compensation Fund by voting for seven persons listed on the ballot.  (Motion ADOPTED.)

 

PLANNING COMMISSION – PAT MAX RESIGNATION

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

 

RESOLVED, that the resignation of Pat Max as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Max for his service on this important Commission.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS VACANCIES

City Clerk/Community Relations Coordinator Selina Tisdale presented a report on current vacancies on various City boards and commissions.  After Council discussion on appointments to the Airport Advisory Commission / MBS International Airport Commission, Paula Jurado, 4623 Washington Street, commented on her support for the interview process that was decided upon.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

WHEREAS, city staff has presented a report outlining positions currently vacant on various City of Midland Boards and Commissions;  now therefore

RESOLVED, that city staff is hereby directed to begin advertising City of Midland Boards and Commissions vacancies and accepting applications; and

RESOVLVED FURTHER, that Tim Lichtenwald is hereby appointed to fill the Architect Representative vacancy on the West Main Street Historic District Commission for a term to expire June 30, 2005; and

RESOLVED FURTHER, that a special meeting of Midland City Council has been scheduled for Monday, August 16, 2004, at 7 p.m. in Conference Room B of Midland City Hall for the purpose of interviewing candidates for the vacancy representing the City on both the MBS International Airport Commission and the Aviation Advisory Commission; and

RESOLVED FURTHER, that a special meeting of Midland City Council has been scheduled for Wednesday, September 1, 2004, at 6:30 p.m. in Conference Room B of Midland City Hall for the purpose of interviewing all other candidates for vacancies on City of Midland Boards and Commissions.  (Motion ADOPTED.)

 

THE ARC OF MIDLAND – AMPLIFIED SOUND REQUEST

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

 

RESOLVED, that the request from The Arc of Midland for amplified sound during the Arts Included event on Saturday, August 14, 2004, is hereby approved; and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion ADOPTED.)

 

HOUSING CONSTRUCTION AGREEMENT

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

 

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 302 Hubbard Street has been selected and designed; and

WHEREAS, it has been determined that soliciting sealed bids is not an effective method of selling housing in the community; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland and the Midland Public Schools for this purpose.  (Motion ADOPTED.)

 

2004 WHEELER WATER MAIN; CONTRACT NO. 14

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a water main along Wheeler Street from Jefferson Avenue to the water tower in Plymouth Park; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2004 Wheeler Street Water Main; Contract No. 14", in the indicated amount of $442,464.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

ADMINISTRATIVE CARS AND LIGHT DUTY VEHICLES

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan and Oakland County and the City of Midland is authorized to make purchases from these programs; and

WHEREAS, sufficient funding for the purchase of small administrative cars, police patrol cars, and light duty trucks is included in the 2004-05 Equipment Revolving Fund and Wastewater budgets for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Oakland County’s selected vendor, Buff Whelan Chevrolet of Sterling Heights, Michigan in the amount of $67,620.02 for the purchase of four ½ ton pick up trucks and one van; and to the State of Michigan’s selected vendors, Gorno Ford of Woodhaven, Michigan in the amount of $171,725.00 for the purchase of one small administrative car, two mid-size cars, five police patrol cars, and two 4 X 4 pick up trucks, and Snethkamp Dodge of Lansing, Michigan in the amount of $12,533.78 for the purchase of one supervisor pick up truck, all in accordance with the Oakland County Cooperative Purchase Program and the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

INTERGOVERNMENTAL AGREEMENT WITH MIDLAND COUNTY (EMERGENCY RESPONSE EXPENSES)

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

 

WHEREAS, on June 24, 1996 the City of Midland adopted Chapter 33 of the City of Midland Code of Ordinances for the assessment and collection of emergency response expenses associated with operating a motor vehicle under the influence of an intoxicating beverage and/or a controlled substance or a combination of the two; and

WHEREAS, the City of Midland and the County of Midland have agreed to enter into an agreement which would grant the Midland County District Court the authority to order a standard emergency response expense as part of the sentencing order when handling alcohol or controlled substance related files; and

WHEREAS, the County of Midland shall retain twenty (20) percent of the expenses collected under this agreement for the costs of administration, collection and disbursements of said expenses; and

RESOLVED, that the City Attorney is hereby authorized to enter into an agreement with the County of Midland for the assessment, collection and distribution of emergency response expenses.  (Motion ADOPTED.)

 

LIBRARY TEEN ROOM CONSTRUCTION CONTRACT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II

of Chapter 2 of the Midland Code of Ordinances for the construction of the Library Teen Room; and

WHEREAS, project funding has been donated by the Friends of the Grace A. Dow Memorial Library; and 

WHEREAS, the donation has been accepted and the Grace A. Dow Memorial Library budget for 2004-2005 has been amended to increase revenues and expenditures by the amount of the donation, now therefore

RESOLVED, that City staff be authorized to enter into a contract with Gerace Construction in the amount of $94,400 for the construction of the Library Teen Room; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders to said contract up to an aggregate amount of $10,000.  (Motion ADOPTED.)

 

MANHOLE REHABILITATION

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

 

WHEREAS, as part of the City’s inflow and infiltration program recent video inspections have identified 34 manholes in the Emerson Park and Valley Drive areas needing rehabilitation; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, sealed bids for Bid No. 2774, Manhole Rehabilitation have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the proposals and determined that the low bid submitted by AAA Flexible Pipe is noncompliant for failing to offer acceptable cementitious material and has been rejected; and

WHEREAS, the next low bid submitted by Advanced Underground Inspections, LLC of Detroit in the amount of $118,475.00 has been reviewed was determined that the proposed methods and products to be used for the rehabilitation services will meet the City’s needs; and

WHEREAS, funding for the rehabilitation work is available in the 2004/05 Wastewater fund account #590-9120-912.97-65 – Capital Construction Products; now therefore

RESOLVED, that the proposal submitted by Advanced Underground Inspections, LLC is hereby accepted and a purchase order is authorized in an amount not to exceed $118,475.00; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 11:05 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk