A regular meeting of the City
Council was held on Monday,
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Councilmen present: |
Drummond Black, |
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Councilmen absent: |
None |
Approval of the minutes of the
MAYOR BLACK RECOGNITION
Mayor Pro Tem,
RESOLVED, that the Mayor Pro Tem is authorized to issue the attached resolution of recognition recognizing Mayor R. Drummond Black’s 14 years of outstanding service on Midland City Council and to the citizens of Midland. (Motion ADOPTED.)
TEN SIXTEEN TREATMENT CENTERS 25TH
ANNIVERSARY
Libby Richart, Communications Coordinator, introduced Mr. Sam Price, Executive Director of the 1016 Treatment Centers. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
RESOLVED, that the Mayor is authorized to issue the attached Resolution
of Recognition of the 25th Anniversary of the Ten Sixteen Treatment
Centers. (Motion ADOPTED.) Mayor Black presented the proclamation to Sam
Price.
DOW CORNING CORP - IFT
City Assessor Reid Duford introduced a request from Dow Corning Corporation for an Industrial Facilities Tax Exemption Certificate (IFT) relating to new facilities. A public hearing opened at 7:15 p.m. Midland Tomorrow Interim Director Scott Walker encouraged Council to support the IFT. Dow Corning Corporation Midland Site Manager Jim Whitlock spoke in support of the IFT request. The public hearing closed at 7:20 p.m. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:
WHEREAS, the Dow
Corning Corporation Industrial Development District and the Dow Corning
Corporation Plant Rehabilitation District were established by resolution of the
Midland City Council on February 23, 1981; and
WHEREAS, the Dow
Corning Corporation made an application dated September 18, 2005, which was
received by the City Clerk on September 21, 2005, for an Industrial Facilities Tax
Exemption certificate relating to approval of a new facility within said
Districts; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $1,977,144, relating to the purchase of personal property
at the Midland Plant to upgrade major supply chains for two core businesses,
Organosilanes and Engineered Elastomers, with the same being located within the
Dow Corning Corporation Industrial Development District and the Dow Corning
Corporation Plant Rehabilitation District, and being expected to retain two
existing jobs at the facility; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
October 24, 2005, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within an
industrial development district and/or plant rehabilitation district that was
duly established within the City of Midland with the City of Midland being
eligible under said statute to establish such a district and with the district
having been established upon a request before the commencement of the
restoration, replacement or construction of the facility described herein; that
the commencement of this project did not occur earlier than six months before
the filing of the application for the industrial facilities tax exemption
certificate, that the application relates to a construction, restoration or
replacement program that when completed constitutes a new or replacement
facility within the meaning of said statute and is situated within a previously
established industrial development district and/or plant rehabilitation
district that was established in the City of Midland which was itself eligible
under the statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in
the community; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of
the industrial facilities exemption certificate requested by the Dow Corning
Corporation considered together with the aggregate amount of industrial
facilities exemption certificates previously granted and currently in force,
shall not have the effect of substantially impeding the operation of the City
of Midland or impairing the financial soundness of any other taxing unit which
levies an ad valorem property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Tax Exemption certificate
from the Dow Corning Corporation for a new facility approval within the
Industrial Development District and Plant Rehabilitation Districts be and the
same is hereby approved for a period of 12 years with an ending date of
December 30, 2017; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and the Dow Corning Corporation
pursuant to P.A. 334 of Public Acts of the State of
PUBLIC COMMENTS
No comments were made.
2005 CITY COUNCIL GOALS REPORT
Jack Duso, Assistant City Manager, presented
a status report on the 2005 City Council Goals.
The following resolution was then offered by Councilman Myers and
seconded by Councilman McKeag:
RESOLVED, that the attached
status report on the 2005
LEAF COLLECTION PROGRAM – “THREE FREE” FEE WAIVER
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances. (Motion ADOPTED.)
FAMILY & CHILDREN’S SERVICES (NON-PROFIT ORGANIZATION)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the request from Family & Children’s Services of Midland, Inc. of the City of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval. (Motion ADOPTED.)
PIZZA SAM’S LIQUOR LICENSE STOCK TRANSFER
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
702 – LIQUOR LICENSE (DROP EDWARD STEEG,
DECEASED)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
LOCC – TIERNEY RESIGNATION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Midland City Council hereby accepts the resignation of John Tierney from the Local Officers Compensation Commission and expresses its appreciation for his service on this important commission. (Motion ADOPTED.)
LOCAL TELEPHONE SERVICE CONTRACT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City currently uses SBC Ameritech for local telephone service under a previously approved plan that charges a fee per local call in addition to its per line cost; and
WHEREAS, McLeodUSA offers a more competitive rate plan that utilizes an all-inclusive program so no additional charges are incurred for local calls that would save the City approximately $15,000 per year; now therefore
RESOLVED, that a two-year agreement with McLeodUSA is hereby approved that would supply local telephone service to the City departments; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the agreement with McLeodUSA for said services. (Motion ADOPTED.)
MERS DEFINED CONTRIBUTION PLAN
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the MERS Plan Document of 1996, effective October 1, 1996, authorized a defined contribution option (Section 19A, Benefit Program DC) as a new benefit program that a participating municipality or court may adopt for MERS members to be administered under the discretion of the Municipal Employees’ Retirement Board as trustee and fiduciary, directly by (or through a combination of) MERS or MERS’ duly-appointed third-party administrator.
WHEREAS, as a new provision, Section 19A, along with the remainder of the Plan, received from the Internal Revenue Service a Letter of Favorable Determination (dated July 8, 1997) that the Plan is a qualified Plan under Section 401 of the Internal Revenue Code, and an exempt trust under Section 501.
WHEREAS, on May 5, 1997, the Municipal Employees’ Retirement Board entered into an Alliance Agreement with ICMA-RC (the International City Management Association Retirement Corporation) as third-party administrator for the defined contribution plans under Plan Document Section 19A.
WHEREAS, on November 14, 2001, following MERS’ due diligence search and review, the Retirement Board and ICMA-RC entered into an Amended and Restated Alliance Agreement (the “2001 Alliance Agreement”) (Attachment 1) for third-party administrator services. Participating employees of MERS’ municipalities and courts adopting Benefit Program DC receive enhanced services and favorable decreased participant fees under the 2001 Agreement. Additionally, such services and fees shall also be available where the participating municipality or court adopting Benefit Program DC has in effect (or subsequently establishes) an IRC section 457 deferred compensation plan or section 401(k) plan. Approval of this Revised Uniform Resolution by each MERS participating municipality and court which adopts or has adopted MERS Benefit Program DC is necessary and required in order that the benefits available under the 2001 Alliance Agreement may be extended to covered participants.
WHEREAS, this Revised Uniform Resolution has been approved by the Board under the authority of 1996 PA 220, Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Retirement Board “shall determine…and establish” all provisions of the retirement system. Under this authority, the Board authorized Section 19A, the Defined Contribution Benefit Program, which shall not be implemented unless in strict compliance with the terms and conditions of this Revised Resolution.
WHEREAS, concurrent with this Revised Resolution, and as a continuing obligation, this governing body has completed and approved, and submitted to MERS documents necessary for adoption and implementation of the MERS Benefit Program DC. This obligation applies to any documents deemed necessary to the operation of the defined contribution program by MERS’ third-party administrator.
NOW, THEREFORE, BE IT RESOLVED that the governing body adopts (or readopts) MERS Benefit Program Defined Contribution as provided below.
I. NEW EMPLOYEES
Effective July 1, 2005, (to be known as the ADOPTION DATE), the City of Midland hereby adopts Benefit Program DC (as set forth in the MERS Uniform Defined Contribution Program Adoption Agreement) for full time Unclassified, Confidential, Steelworker, MMEA and MMSEA (specify employees/division #s) first hired on and after the Adoption Date, and optional participation for any employee or officer of this municipality otherwise eligible to participate in MERS under Sections 2B(3)(a) and 3(3) of the Plan Document who has previously elected to not participate in MERS. ONLY THOSE EMPLOYEES ELIGIBLE FOR MERS MEMBERSHIP (SECTION 2B(3) AND 3 OF THE PLAN DOCUMENT) SHALL BE ELIGIBLE TO PARTICIPATE.
(A) CONTRIBUTIONS shall be as allowed and specified in the Adoption Agreement (Attachment 2, completed and approved and a certified copy submitted to MERS concurrent with and incorporated by reference in this Resolution) subject to the provisions of MERS Plan Document: Section 19A(2) that employer contributions shall be in any percentage of compensation from 1% to the maximum allowed by the Internal Revenue Code, in increments of 0.1%; and Section 19A(3), under which an employee member may voluntarily contribute additional amounts to the extent allowed by the Code.
(B) EARNINGS under the Adoption Agreement shall include items of “Compensation” under Section 2A(6) of the MERS Plan Document, being the Medicare taxable wages reported on the member’s W-2 statement.
(C) VESTING shall be as allowed and specified under:
(1) Plan Section 19A(12), whose text is set out in Section II(G) of this Revised Resolution: and
(2) the Adoption Agreement.
STOP If covering new employees only, skip II and go to III on page 5. STOP
II. OPTIONAL PROVISION FOR CURRENT MERS MEMBERS WHERE DC PROGRAM FOR
NEW EMPLOYEES ESTABLISHED (PLAN SECTION 19A(8)-(11))
THIS OPTIONAL PROVISION SHALL ONLY BE SELECTED
WHERE THE TOTAL FUNDED PERCENT OF AGGREGATE ACCRUED LIABILITIES AND VALUATION
ASSETS OF ALL RESERVES SPECIFIED IN TABLE 11 (OR SUCCESSOR TABLE) OF THE MOST
RECENT MERS ANNUAL ACTUARIAL VALUATION REPORT IS AT LEAST SIXTY PERCENT (60%).
IT IS ADDITIONALLY RESOLVED, as provided in each of the following
paragraphs:
(A)
Effective
on the Adoption Date, pursuant to Plan Section 19A(8)(b) all current MERS
defined benefit members who are members of the same employee classification
described in Section I above on the Adoption Date shall:
THE
GOVERNING BODY SHALL
SELECT
ONE OF THE FOLLOWING
where vested under this municipality’s MERS vesting program
(10, 8, or 6 years)
where the employee has at least the following number of years
of credited service for this municipality on Adoption Data: (insert whole number less than vesting
program)
without regard to vesting
be offered the opportunity to irrevocably elect
coverage under Benefit Plan DC, under the detailed procedures specified in Plan
Section 19A(9)-(11).
(B)
For
each eligible employee, an opportunity to irrevocably elect to participate in
Benefit Program DC shall be offered.
Section 19A(9) specifies an employee’s written election to participate
shall be filed with MERS: (a) not
earlier than the last day of the third month after this Resolution is adopted
and received by MERS; and (b) not later than the first day of the first
calendar month that is at least six months after MERS receives the
Resolution. This means each eligible
employee will have about 90 days to make the decision.
After MERS receives this Resolution, this
governing body’s authorized official and eligible employees will be advised by
MERS of the election window timelines and other information to consider in
making the irrevocable decision whether to participate in Benefit Program DC.
(C) Participation
for those electing coverage shall be effective the first day of the first
calendar month at least seven (7) months after MERS’ receipt of the Resolution,
here designated as being the month of ,
20 , (insert month and year)
which shall be known as the “CONVERSION DATE.”
(D) The
opportunity for current employees on the Adoption Date to participate in the DC
Program shall:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
apply to all employees who separate from or terminate
employment with this municipality after the Adoption Date and before
the Conversion Date, so long as the employee does not receive a retirement
allowance from MERS based on service for this municipality.
not apply to any employee who separates from or terminates
employment with this municipality after the Adoption Date.
(E) CONTRIBUTIONS
shall be as provided by Section I (A) above.
(F) EARNINGS
shall be as provided by Section I (B) above.
(G) VESTING shall be as
provided by Section I (C) above, and participants shall be credited, on
participant written request and MERS’ verification of such service, with all
eligible service, if any, specified in Plan Section 19A(12) which states:
Where a member has previously acquired in the
employ of any participating municipality or participating court:
(a)
not
less than 1 year of defined benefit service in force with a participating
municipality or participating court;
(b)
eligible
credited service where the participating municipality or participating court
has adopted the Reciprocal Retirement Act, 1961 PA 88;
(c)
at
least 12 months in which employer contributions by a participating municipality
or participating court have been made on behalf of the member under Benefit
Program DC,
such service shall on the member’s written
request to the employer and MERS’ verification of such service be applied
toward satisfying the vesting schedule for employer contributions. This requirement shall apply to all adoptions
of Benefit Program DC on and after October 1, 2000; where previously adopted,
the participating municipality or participating court may adopt this subsection
(12) with full effectiveness as of the original defined contribution adoption
date for the employer division involved.
(H) For each employee irrevocably
electing to participate in Benefit Program DC, then under Plan Section 19A(11), MERS shall transfer to the member’s credit (as
adjusted through MERS’ records to the Conversion Date) the greater of:
(1) The
member’s accumulated contributions; or
(2) The
actuarial present value as determined in Paragraph (I) below).
The transfer shall be made approximately 30
calendar days after the Conversion Date, and the transfer amount shall include
pro-rated regular interest at the regular Board-established rate of (currently
four percent (4%)) measured from the Conversion Date to the actual transfer
date.
(I) Per Plan Section 19A(11)(b), the Retirement Board has established the assumptions
for calculation of the actuarial present value of a member’s accrued benefit
that may be transferred. The assumptions
are:
(1) The interest rate in
effect as of the Adoption Date, to determine actuarial present value, shall be
the Board-established investment earnings rate assumption (currently eight
percent (8.00%)).
(2) The funded level for the
member’s specific MERS division (total funded percentage of the present value
of accrued benefits and valuation assets of all reserves) as of the Adoption
Date from the most recent MERS annual actuarial valuation report data provided
by MERS’ actuary. In the APV
calculation, the funded level used shall be:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
Funded
level for the division (not to exceed 100% funded level).
If
greater than the division’s funded level but not more than 100% funded level,
then MERS is directed to compute the funded percentage for the transfer
calculation on % funded basis (insert
number not less than funded level percentage and not more than 100%). Where
less than 100% funded level exists, this governing body recognizes that such
direction shall increase its pension funding liability. MERS shall not implement such direction
unless the governing body forwards to MERS sufficient cash up to the funded
level selected for all members prior to the Conversion Date; if sufficient cash
is not forwarded, then the governing body expressly covenants with MERS and
directs, as a condition of this selection, to MERS billing and the governing
body remitting to MERS all contributions necessary to fund the unfunded
liability occasioned by the aggregate transfer of the difference between the
actual funded level for the division and funded level directed above over a
period of four (4) years.
III. IMPLEMENTATION DIRECTIONS FOR MERS BENEFIT PROGRAM DC THIRD-PARTY ADMINISTRATOR.
(A) The governing body of this MERS participating municipality or court as Employer desires that MERS Benefit Program DC be administered by MERS’ duly-designated third-party administrator and that some or all of he funds held under such plan be invested in the TPA’s retirement trust established for the collective investment of funds held under the Employer’s retirement, defined contribution, and deferred compensation plans.
(B) The Employer hereby establishes MERS Benefit Program Defined Contribution as authorized by Section 19A of the Municipal Employees’ Retirement System of Michigan Plan Document, in the form of the third-party administrator’s IRS-qualified retirement trust.
(C) The Declaration of Trust (Attachment 2, Appendix A, approved and adopted concurrent with and incorporated by reference in this Resolution) is operative and applies with respect to any MERS Benefit Program DC plan or deferred compensation plan previously or subsequently established by the Employer, if the assets are to be invested in the third-party administrator’s retirement trust.
(D) The Human Resources Director (use title of official, not name) shall be the Employer’s MERS Benefit Program Defined Contribution Plan coordinator; shall receive necessary reports, notices, etc., from the third-party administrator or its retirement trust; shall cast, on behalf of the Employer, any required votes under the retirement trust; may delegate any administrative duties relating to the defined contribution plan to appropriate departments.
(E) The Municipal Employees’ Retirement Board retains full and unrestricted authority over the administration of MERS Benefit Program Defined Contribution, including but not limited to the appointment and termination of the third-party administrator, or MERS’ self-administration of the defined contribution program in whole or in part.
IV. EFFECTIVENESS OF THIS REVISED RESOLUTION
BE IT FINALLY RESOLVED: This Resolution shall have no legal effect under the MERS Plan Document until a certified copy of this adopting Resolution shall be filed with MERS, and MERS determines that all necessary requirements under Plan Document Section 19A, the 2001 Alliance Agreement, the Adoption Agreement, and this Resolution have been met. All dates for implementation of Benefit Program DC under Section 19A shall be determined by MERS from the date of filing with MERS of this Revised Resolution in proper form and content. Upon MERS determination that all necessary documents have been submitted to MERS, MERS shall record its formal approval upon this Resolution, and return a copy to the Employer’s defined contribution plan coordinator identified in Section III (D) above.
In the event an amendatory Resolution or other action by the municipality is required, such Resolution or action shall be deemed effective as of the date of the initial Resolution or action where concurred in by this governing body and MERS (and the third-party administrator if necessary). Section 54 of the Plan Document shall apply to this Resolution and all acts performed under its authority. The terms and conditions of this Revised Resolution supersede and stand in place of any prior resolution, and its terms are controlling. (Motion ADOPTED.)
DEFINED CONTRIBUTION PLAN ADMINISTER AND
PLAN COORDINATOR
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City has adopted the MERS Uniform Defined Contribution
Program Resolution; and
WHEREAS, the MERS Uniform Defined Contribution Program Resolution
requires that the Employer concurrently complete, approve and submit to ICMA
Retirement Corporation (“RC”) all necessary documents specified by RC for
adoption of the ICMA Retirement Corporation Governmental Money Purchase Plan
and Trust as amended and authorized by Section 19A of the Municipal Employees’
Retirement System of Michigan Plan Document; and
WHEREAS, the Employer desires that its Benefits Program DC be
administered by the ICMA Retirement Corporation and that some or all of the
funds held under such plan be invested in the Vantage Trust, a trust
established by public employers for the collective investment of funds held
under their retirement and deferred compensation plans; now therefore
RESOLVED, that the Employer hereby establishes the Benefits Program DC
in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan
and Trust, as amended by and as authorized by Section 19A of the Municipal
Employees’ Retirement System of Michigan Plan Document; and
RESOLVED FURTHER, that the Employer hereby executes the Declaration of
Trust of the Vantage Trust, and attached hereto, intending this execution to be
operative with respect to any retirement or deferred compensation plan
subsequently established by the Employer, if the assets of the plan are to be
invested in the Vantage Trust; and
RESOLVED FURTHER, that the Employer hereby agrees to serve as trustee
under the Plan and to invest funds held under the Plan in the Vantage Trust;
and
RESOLVED FURTHER, that the Director of
RESOLVED FURTHER, that the Employer hereby
authorizes the Director of
EASTMAN AVENUE
SEWER LINER REPAIR
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, this fall Utilities staff received a complaint of sewage backup in the area of Eastman Avenue between W. Hines St. and W. Buttles St., and a follow-up video taping of the sewer line revealed that approximately 580 feet of 10-inch sanitary sewer has broken pipes and open joints, which is buried 10 feet beneath the middle of Eastman Ave.; and
WHEREAS,
WHEREAS, based on our bidding experience we would expect limited interest in a project this small, and therefore recommend that the City waive the formal bidding process and accept a price of $27,180.00 from Insituform Technologies USA, Inc. of Detroit, which includes the installation of 580 feet of 10-inch liner and 20 sewer lateral reinstatements; and
WHEREAS, the City has had a good working relationship with
Insituform and believes that the price provided with the City’s unit estimates
is reasonable; and
WHEREAS, funding is available in the 2005/06 Wastewater Fund, account
#590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore
RESOLVED, that in accord with Code Section 2-18, the requirement for
sealed competitive proposals is hereby waived as impractical, and a purchase
order is authorized to Insituform Technologies USA, Inc. in the amount of $27,180.00 for the installation of approximately
580 feet of 10-inch liner and 20 sewer lateral reinstatements; and
RESOLVED FURTHER, that the City
ZONING PETITION NO. 524
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, November 14, 2005,
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. 1585, 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 notify property owners within three hundred (300) feet of
the area proposed to be rezoned by transmitting notice on October 28, 2005 and
to publish said notice on October 29, 2005.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND
ORDINANCE NO. 1585, 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 A REGIONAL COMMERCIAL
ZONING WHERE A AGRICULTURAL ZONING DISTRICT PRESENTLY EXISTS.
The City of
Section 1. That
the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of
Midland, is hereby amended as follows:
Part
of the northwest ¼ of the southeast ¼ section 24, T14N-R2E, City of Midland,
Midland County Michigan described as beginning south 89 degrees 06 minutes 00
seconds east 411.78 feet along the east and west ¼ line from the center of said
Section 24; thence continuing south 89 degrees 06 minutes 00 seconds east
360.10 feet along the east and west ¼ line; thence south 01 degrees 47 minutes
35 seconds west 149.85 feet; thence along a 2030.00 foot radius curve to the
left, having a central angle of 04 degrees 39 minutes 01 seconds and a chord
bearing and distance of south 00 degrees 31 minutes 55 seconds east 164.71
feet; thence south 02 degrees 51 minutes 26 seconds east 92.71 feet; thence
north 89 degrees 06 minutes 00 seconds west 374.37 feet; thence north 01
degrees 48 minutes 16 seconds east 407.05 feet to the point of beginning
containing 3.40 acres and being subject to Bay City Road right of way.
Part
of the northwest ¼ of the southeast ¼ section 24, T14N-R2E, City of Midland,
Midland County, Michigan described as beginning south 89 degrees 06 minutes 00
seconds east 771.88 feet along the east and west ¼ line; and south 01 degrees
47 minutes 35 seconds west 149.85 feet; and along a 2030.00 foot radius curve
to the left, having a central angle of 04 degrees 39 minutes 01 seconds and a
chord bearing and distance of south 00 degrees 31 minutes 55 seconds east
164.71 feet; and south 02 degrees 51 minutes 26 seconds east 92.71 feet from
the center of said section 24; thence north 88 degrees 06 minutes 00 seconds
west 636.10 feet; thence south 01 degrees 48 minutes 25 seconds west 727.89
feet; thence south 89 degrees 06 minutes 00 seconds east 647.14 feet; thence
north 01 degrees 47 minutes 35 seconds east 514.93 feet; thence along a 1970.00
foot radius curve to the left, having a central angle of 04 degrees 39 minutes
01 seconds and a chord bearing and distance of north 00 degrees 31 minutes 55
seconds west 159.84 feet; thence north 02 degrees 51 minutes 28 seconds west
53.25 feet to the point of beginning containing 10.79 acres.
be, and the same
is hereby changed to Regional Commercial.
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 7:50 p.m.
______________________________________
John E. Duso, Deputy City